THE NATIONAL
ASSEMBLY
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
Law No.
95/2015/QH13
|
Hanoi,
November 25, 2015
|
VIETNAM MARITIME CODE
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly hereby promulgates the
Vietnam Maritime Code.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
application
1. This Code provides for maritime operations, including
regulations on sea-going ships, seafarers, seaports, navigational channels,
inland ports, marine transportation, maritime safety and security,
environmental protection, state administration of maritime and other operations
relating to use of ships for economic, cultural, social, sports, official duty
and scientific research purposes.
Military vessels, official duty ships, fishing
vessels, inland watercraft, submarines, submersibles, hydroplanes, floating
warehouses, movable platforms, floating docks, military ports, fishing ports
and harbors, and inland waterway terminals, shall only be subject to this Code
in the event that this is specifically provided for by this Code.
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Article 2. Applicable
entities
This Code shall apply to Vietnamese
organizations or individuals; overseas organizations or individuals engaging in
maritime operations within the territory of Vietnam.
Article 3. Rules of
application of laws in case of conflict of laws
1. Any legal relation concerning the ownership
of property onboard a ship, ship charter-party, seafarer employment contract, passenger
and baggage carriage contract, division of remunerations paid for rescue
service between the owner of a rescue vessel and all crew members working
onboard such rescue vessel who save and salvage property sunk in international
waters, or cases that may happen onboard a ship underway in international seas,
shall be governed by laws of the country of which the national ensign is flown
on that ship.
2. Any legal relation concerning a common loss
shall be subject to the laws effective in the location where a ship ends its
journey immediately after such loss occurs.
3. Any legal relation concerning a maritime
accident, collision or emergency case, remuneration paid for rescue and salvage
of property sunk in internal or territorial waters of a country shall be
governed by the laws of this country.
Any legal relation concerning a maritime
accident, collision or emergency case, or rescue activities that take place in
international waters shall be governed by the laws of the country of which the
Arbitral Body or Tribunal first handles dispute settlement proceedings.
Any maritime accident or collision that occurs
in international waters between ships of the same nationality shall be governed
by the laws of the country whose national ensign is flown by these ships.
4. Any legal relation concerning a freight
shipping contract shall be governed by the laws of the country to which freight
is shipped as agreed upon in this contract.
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For the purposes of this Code, terms used herein
shall be construed as follows:
1. Watercraft refers to means operating
above or under water surface, including ships, vessels and boats, and others
with or without any engine.
2. Official duty ship refers to
purpose-built watercraft used for performing state-assigned public duties
without serving commercial purposes.
3. Submarine refers to a means capable of
independently operating above and under water surface.
4. Submersible refers to a means capable
of underwater operations assisted by another means or equipment operating above
water surface or on the shore.
5. Floating warehouse refers to a
floating structure specially designed to contain and preliminarily treat oil
for the purpose of petroleum exploration, extraction and processing.
6. Movable platform refers to a floating
structure specially designed to serve the purpose of exploration, extraction
activities and marine operations.
7. Floating dock refers to a floating
structure which is not self-propelled one and is used for lifting and
commissioning watercraft to serve the purpose of ship building, repair and
overhaul.
8. Port land area refers to an enclosed
area of land used for constructing wharves, warehouses, storage yards,
facilities, work offices, service establishments, traffic, communications,
electricity and water supply systems, and other auxiliary facilities as well as
installing necessary equipment.
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10. Port terminal refers to an area which
is composed of an area of land and an area of water in a seaport and is used
for constructing wharves, warehouses, storage yards, facilities, work offices,
service establishments, traffic, communications, electricity and water supply
systems, and an area of water facing against wharves, navigational channels and
other auxiliary facilities. A port terminal includes one or a lot of wharves.
11. Wharf refers to a fixed or floating
component of a port terminal which is used for anchoring vessels, handling
cargoes, embark and disembark passengers as well as providing other maritime
services.
12. Dry port refers to a component of
traffic infrastructure system which plays its role as a center of
transportation activities associated with operations of seaports, airports and
inland ports, rail terminals, land bordergates, and concurrently functions as
the port of departure or arrival of goods transported by sea.
13. Anchorage refers to an area of water
which is formed and made known to the public in order for ships to anchor
before landing at the wharf, floating warehouse, entering into the transhipment
area or passing the navigable channel or rendering other services.
14. Transhipment area refers to an area
of water which is formed and made known to the public as well as serves the
purpose of cargo and passenger transhipment and rendering of other maritime
services.
15. Storm shelter refers to an area of
water which is formed and made known to the public in order for ships to be
protected from storms and other natural disasters.
16. Pilot embarkation and disembarkation area
refers to an area of water which is formed and made known to the public in
order for ships to carry out pilot embarkation and disembarkation.
17. Phytosanitary inspection area refers
to an area of water which is formed and made known to the public in order for
ships to anchor to perform phytosanitary inspection activities in accordance
with laws and regulations.
18. Turning basin refers to an area of
water which is formed and made known to the public in order for ships to turn
around.
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20. Public navigational channel refers to
the navigational channel which is invested in, developed, managed and operated
to serve the purpose of marine operations.
21. Dedicated navigational channel refers
to the navigational channel which is invested in, developed, managed and
operated for the purpose of dedicated port activities.
22. Marine signaling system refers to
marine instructional facilities or equipment, including warning or cautious
images, lights, sounds and radio signals, which are formed and operated in
order to provide safety instructions for ships.
23. Inland sea transportation refers to
carriage of cargoes, passengers, baggage by sea between the point of departure
and the point of arrival of cargoes, passengers and baggage located within the
territorial waters of Vietnam.
24. Maritime infrastructure includes
infrastructural systems of seaports, offshore oil ports, navigational channels,
maritime support systems, marine signaling systems, electronic marine
information systems, sea wave and sand prevention embankments, flow redirection
embankments and other marine structures which have been invested in,
constructed or established within seaport water areas and territorial waters of
Vietnam to serve the purpose of marine operations.
25. GT refers to an abbreviated symbol of
total tonnage of a ship determined under the 1969 International Convention on
Tonnage Measurements of Ships.
Article 5. Negotiating
rights in contracts
1. Parties to contracts concerning marine
operations have rights to enter into private negotiations, unless otherwise
restricted by this Code.
2. Parties to contracts relating to marine
operations under which there is at least one party that is an overseas
organization or individual shall have rights to negotiate which foreign law or
international maritime practice governs contractual relations, and to decide on
the Arbitral Body or Tribunal in either of countries or in a third country for
dispute settlement purposes.
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Article 6. Marine operation
rules
1. Marine operations must comply with
regulations enshrined in this Code, other regulations of Vietnamese laws and
the international agreements to which the Socialist Republic of Vietnam is a
signatory.
2. Marine operations must ensure maritime safety
and security; national defence and security; protection of interests,
sovereignty, sovereignty right and jurisdiction of the Socialist Republic of
Vietnam.
3. Marine operations must be consistent with the
national socio-economic development strategy and the scheme, planning and
proposal for traffic and transportation development.
4. Marine operations must ensure economic
effectiveness in collaboration with protection, regeneration and sustainable
development of natural environment and landscape.
Article 7. Regulatory
policies on marine development
1. The State shall adopt regulatory policies on
marine development for marine economic development and national defence purposes.
2. Prioritize development of maritime
infrastructure by adopting preferential policies applied to the seaport
planning and attraction of capital invested in construction and operation of
such maritime infrastructure.
3. Prioritize development of the fleet of ships
for sea transportation through incentive policies on taxes and loan interest
rates imposed for investment in development of such fleet and sea
transportation activities.
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5. Enhance international cooperation, promote participation
in international maritime organizations, and sign, join and implement
international maritime agreements.
6. Stimulate research into and transfer of
advanced and modern scientific and technological applications in the maritime
sector.
7. Encourage every organization or individual to
invest in developing the fleet of ships, seaports and shipbuilding industry;
involvement in provision of public services in the maritime sector and perform
other marine operations in accordance with Vietnamese laws and regulations.
Article 8. Inland sea
transportation rights
1. Cargoes, passengers and baggage carried
within inland areas by sea shall be transported by Vietnamese ships.
Organizations or individuals participating in
inland sea transportation shall conform to the Government’s stipulated
conditions.
2. Inland transportation which is not subject to
regulations laid down in paragraph 1 of this Article shall be allowed under the
following circumstances:
a) Carry overmass and oversized freight or other
cargoes by dedicated ships; ease cargo, passenger and baggage congestion in
ports when Vietnamese ships stipulated in paragraph 1 of this Article do not
have capacity for transporting them;
b) Carry passengers and baggage from cruise
ships to the mainland and in the opposite direction by using feeder ships of
these cruise ships.
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3. The Minister of Transport shall set
regulations on licensing authority and procedure for ship operations as
referred to in paragraph 2 of this Article.
Article 9. Elements of state
port authority
1. Draw, approve, adopt and direct
implementation of the scheme, plan, strategy and policy for marine development
in accordance with laws.
2. Introduce and conduct implementation of
documents on legislation, standards and national technical regulations as well
as maritime economic—technical norms.
3. Manage investment, construction and conduct
operation of seaports, navigational channels or routes in accordance with laws
and regulations. Announce the opening and closure of seaports, port water areas
and areas under the management of the Port authority; announce port terminals,
wharves, water regions or areas as well as other maritime facilities are put
into operation.
4. Manage sea transportation activities; examine
and oversee operations of sea transport service enterprises, seaports and
maritime service enterprises.
5. Conduct registration and inspection of ships
and registration of rights to ships. Manage design, shipbuilding, ship repair,
demolition, operation, export and import of ships and equipment or materials
used for marine operations.
6. Issue, recognize and revoke professional
certificates of seafarers, certificates of maritime technical safety and
security, labor and environmental pollution prevention of ships, seaports and
other relevant documents or materials relating to marine operations.
7. Administer the work of training and drilling
for maritime workforce development.
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9. Manage price, fee and charge in the maritime
sector.
10. Conduct the work of marine rescue and
life-saving activities; salvage of sunken property; investigation and handling
of maritime accidents and emergencies, assurance of maritime safety and
security and sea environment pollution prevention.
11. Establish maritime cooperations.
12. Inspect, examine and resolve complaints or
accusations as well as handle violations in marine operation in accordance with
laws and regulations.
Article 10.
Responsibilities for state port authority
1. The Government shall carry out consistent
state port authority.
2. The Ministry of Transport shall take
responsibility to the Government for carrying out its state port authority.
3. Competent maritime regulatory authorities
directly affiliated to the Ministry of Transport shall assist the Minister of
Transport in carrying out state port authority in accordance with laws and
regulations.
4. Ministries, Ministry-level bodies shall,
within their assigned duties and delegated powers, cooperate with the Ministry
of Transport in state port authority.
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Article 11. Maritime
inspectorate
1. The maritime inspectorate directly affiliated
to a competent state regulatory agency must perform its function of specialized
maritime inspection.
2. Maritime inspectorate shall be assigned and
vested with respectively duties and powers as follows:
a) Inspect compliance with regulations enshrined
in maritime laws and related international agreements to which the Socialist
Republic of Vietnam is a signatory;
b) Prevent, detect, terminate and settle
violation acts that may arise in marine operations;
c) Impound ships;
d) Implement other duties and powers in
accordance with laws.
3. Inspectors of the maritime inspectorate shall
be issued inspector's identity card, provided with uniforms, badges, support
equipment and instruments in accordance with laws.
4. The maritime inspectorate shall operate under
the provisions of this Code, laws on inspection and related international
agreements to which the Socialist Republic of Vietnam is a signatory.
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1. Harm or pose threatened harms to national
sovereignty and security.
2. Carry people, goods, baggage, weapons,
radioactive substances, hazardous discarded substances and narcotics in
contravention of laws.
3. Intentionally create obstacles which can pose
dangers or obstructions to marine traffic.
4. Use and operate ships which have not been
registered or inspected or exceed the validity duration of registration and
inspection; use counterfeit registration and inspection.
5. Refuse to participate in marine search and
rescue activities if practical conditions permit.
6. Cause environmental pollution.
7. Infringe upon life, health, honor and dignity
of persons aboard ships; embezzle and intentionally damage or ruin property
aboard ships; take flight after causing any shipwreck.
8. Cause the public disorder, impede or react
against implementation of duties of law enforcers onboard ships and at
seaports.
9. Destroy, damage, disassemble or steal
components, parts, raw materials, building materials and equipment of marine
construction works.
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11. Explode bombs or other explosive materials
within the boundaries of a seaport, port water area or navigational channel
without authorization granted by competent authorities.
12. Illegally build and operate seaports and
other structures within the planned boundaries of approved seaports,
navigational channels and within the protective enclosure of marine structures.
13. Develop construction projects which may
reduce or eliminate effects of marine structures.
14. Commit abuse of title, position and
authority to contravene regulations on port authority; abet and screen persons
who commit violations against maritime laws from any punitive measures.
Chapter II
SEA-GOING SHIP (hereinafter referred to as ship)
Section 1. GENERAL
PROVISIONS
Article 13. Sea-going ship
Ship refers to floating movable means specially
designed for operations at sea.
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Article 14. Vietnamese ship
1. Vietnamese ships are ships which have been
registered into the national register of ships of Vietnam, or which have been
licensed for temporary flying of Vietnamese national ensign aboard by Vietnam’s
overseas representative offices.
2. Vietnamese ships shall have the right and
obligation to fly Vietnamese national ensign.
3. Only Vietnamese ships are entitled to fly
Vietnamese national ensign.
Article 15. Ship owner
1. Ship owner refers to the person who owns a
ship.
2. Bareboat manager, operator or charterer shall
be allowed to exercise rights and fulfill obligations as a ship owner
prescribed by this Code as agreed upon with a ship owner.
3. An organization authorized by the State to
manage and operate ships shall be entitled to apply regulations laid down in this
Code and others set forth in relevant laws, which is the same as a ship owner.
Article 16. Flying of
ensign aboard vessels
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Other watercraft operating within the boundary
of Vietnam’s seaports must fly the national flag of the Socialist Republic of
Vietnam as an ensign aboard it.
2. A watercraft with the national ensign of an
overseas country operating within the boundary of a Vietnam’s seaport must
comply with applicable regulations of Vietnam when it desires to fly its
national flag or blow its horn on its national celebrations.
3. The Government shall provide detailed
provisions on this issue.
Section 2. SHIP
REGISTRATION
Article 17. Registration of
Vietnamese ship and registration form
1. Ship registration is the work of recording
and storing information about ships in the national register of ships of
Vietnam and issue of the Certificate of registration of Vietnamese ship under
the provisions of this Code and other relevant laws and regulations.
2. Forms of registration of Vietnamese ship
shall be included as follows:
a) Indefinite registration of ship;
b) Definite registration of ship;
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d) Temporary registration of ship;
dd) Registration of ship under construction;
e) Registration of small-sized ship.
Article 18. Rules of ship
registration
1. Registration of Vietnamese ship must be
carried out according to the following rules:
a) A ship of a Vietnamese organization or
individual is registered in the national register of ships of Vietnam,
including registration of flying of the Vietnamese national ensign and
registration of ownership of such ship. In the event that a ship is owned by
more than two organizations or individuals, owners and ownership ratios of such
ship should be specified in such registration.
A ship of a foreign organization or individual
conforming to conditions defined in Article 20 of this Code is registered in
the national register of ships of Vietnam. Registration of a Vietnamese ship
owned by a foreign organization or individual includes registration of flying
of the Vietnamese national ensign and registration of ownership of such vessel
or registration of flying of only Vietnamese national ensign.
A foreign ship hired by a Vietnamese
organization or individual under the bareboat charter and ship hire-purchase
agreement can be allowed to register flying of Vietnamese national ensign;
b) A ship which has been already registered in
overseas countries shall not be allowed to register flying of Vietnamese
national ensign, except when the preexisting registration has been temporarily
ceased or permanently erased;
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2. A ship owned by a Vietnamese organization or
individual may be allowed to register flying of the foreign ensign.
Article 19. Types of ships
subject to registration
1. Types of ships subject to registration
recorded in the national register of ships of Vietnam include:
a) Engine-powered ship that has the capacity of
main engine of more than 75 kilowatt (KW);
b) Ship without engine which has the total
capacity of more than 50 GT, or gross tonnage of more than 100 tonnes, or has
the design waterline length of more than 20 meters (m);
c) Ships which have smaller sizes than those
stipulated in subparagraph a and b of this paragraph, but operate on
international navigation routes.
2. Registration of types of ships which are not
governed under paragraph 1 shall be stipulated by the Government.
Article 20. Eligibility
requirements for registration of Vietnamese ships
1. Ships must meet the following requirements to
be eligible for registration:
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b) Certification of capacity and certification
of ship classification;
c) Ship’s name;
d) Certification of temporary suspension or
removal of registration, which is applicable to ships that have been registered
abroad except for temporary registration;
dd) Ship owner's business office, branch or
representative office located within the territory of Vietnam;
e) With respect to the initial registration or
reregistration of a foreign second-hand ship in Vietnam, its age must be
corresponding to the Government’s stipulated age of specific ships;
g) All statutory fees or charges have been paid.
2. With respect to registration of flying of
Vietnamese national ensign for a foreign ship hired by a Vietnamese
organization or individual under the bareboat charter or hire-purchase
agreement, in addition to conditions stipulated in subparagraph a, b, c, d, e
and g paragraph 1 of this Article, this bareboat charter or hire-purchase
agreement must be submitted.
Article 21. Naming of
Vietnamese ship
Vietnamese ship must be named and this naming
process must adhere to the following rules:
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2. Do not use name of the state agency, armed
force unit, political organization or socio-political organization to create
the whole or partial name of ship, unless approved by this agency, unit or
organization;
3. Do not use words or signs in breach of
historical, cultural, moral and traditional values.
Article 22. Ship owner’s
responsibilities for registration of Vietnamese ship
1. The ship owner shall be responsible for
submitting a full amount of documents, adequate and accurate information about
the ship which has been registered under Article 20 and 24 hereof to apply for
registration to the registry of Vietnamese ships.
2. If the ship is newly constructed, purchased,
gifted or donated to, or inherited by a Vietnamese organization or individual,
its owner shall take responsibility for registering the ship in accordance with
applicable regulations.
3. The ship owner shall be liable for the
registration fee in accordance with laws.
4. After completion of such registration, the certificate
of Vietnamese ship registration shall be issued. This kind of certificate is
considered as the proof of this ship's flying of Vietnamese national ensign and
its ownership status.
5. The ship owner shall be responsible for
notifying the registry of Vietnamese ship of all changes made to registration
information recorded in the national register of ships of Vietnam in an
accurate, sufficient and timely manner.
6. Regulations laid down in this Article shall
apply to any Vietnamese organization or individuals entering into a bareboat
charter or hire-purchase agreement.
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1. The owner of a ship under construction shall
be vested with the right to apply for registration of this under-construction
ship in the national register of ships of Vietnam and shall be issued the
certificate of under-construction ships. This certificate shall not have legal
value to replace the certificate of Vietnamese ships.
2. A ship under construction must meet the
following requirements to be eligible for registration:
a) Contract for construction, sale or purchase
of under-construction ship must be available;
b) The ship under construction must have its
name;
c) The keel of the ship under construction must
be completely constructed.
Article 24. Basic contents
of the national register of ships of Vietnam
1. The national register of ships of Vietnam
must have the following basic contents:
a) Old and new name of a ship; office name and
address of the ship owner; name and address of the branch or representative
office of the foreign ship owner located in Vietnam; name and address of the
office of the bareboat charterer or ship hire-purchaser; name of the ship
operator (if any); type of ship and its useful purpose;
b) Port of registration;
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d) Registration date;
dd) Name and address of shipbuilding factory and
shipbuilding year;
e) Main technical specifications of ship;
g) Ownership status and ownership-related
changes;
h) Registration removal date and reasons;
i) Information about registration of a ship
mortgage.
2. All changes to the registration contents
referred to in paragraph 1 of this Article must be clearly entered into the
national register of ships of Vietnam.
Article 25. Removal of
registration of Vietnamese ships
1. A Vietnamese ship shall be subject to removal
of registration from the national register of sea vessels of Vietnam under the
following circumstances:
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b) It has gone missing;
c) It fails to meet conditions for flying of
Vietnamese national ensign;
d) It has no longer had sea-going capability;
dd) This removal is requested by the ship owner
or the person bearing the name in the application for registration of ship.
2. For the purposes of regulations laid down in
subparagraph d and dd paragraph 1 of this Article, the mortgaged ship shall be allowed
to remove its registration from the register of ships of Vietnam only if this
removal is approved by the mortgagee.
3. When removing the registration of ship or
removing the registration of ship under construction, the registry of
Vietnamese ships shall revoke the certificate of registration of Vietnamese
ship or the certificate of registration of ship under construction as well as
issue the certificate of removal of registration.
Article 26. Specific
provisions on registration and removal of registration of Vietnamese ship
The Government shall provide detailed provisions
on procedures for registration or removal of registration of Vietnamese ship;
cases in which a ship owned by a Vietnamese organization or individual is
allowed for registration of its flying of the foreign ensign; cases in which a
ship owned by an overseas organization or individual is allowed for
registration of its flying of Vietnamese national ensign.
Article 27. Registration of
official duty ship, submarine, submersible, floating warehouse and movable
platform
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The Government shall provide detailed provisions
on such regulation in this Article.
Section 3. INSPECTION OF
VIETNAMESE SHIPS
Article 28. Inspection of
Vietnamese ships
1. Vietnamese ships must be inspected, graded
and issued the certificate of technical maritime safety, security and
conformity with conditions for assurance of maritime labor and environmental
pollution prevention by Vietnam’s inspecting organization or overseas
inspecting organization authorized by the Minister of Transport in accordance
with Vietnamese laws and international agreements to which the Socialist
Republic of Vietnam is a party.
2. The Minister of Transport shall adopt
statutory regulations on regulatory maritime safety and security and conditions
for assurance of maritime labor and environmental pollution prevention applied
to ships; introduce regulations on and conduct implementation of inspection of
Vietnamese ships.
Article 29. Rules of
inspection of Vietnamese ships
1. Vietnamese ships must be inspected, graded,
evaluated and issued the certificate of technical maritime safety and security
and conformity with conditions for assurance of maritime labor and
environmental pollution prevention when being newly constructed, imported,
converted, repaired or restored to normal working conditions and during the
operational process, which serves the purpose of ensuring technical conditions
in compliance with laws and regulations and international agreements to which
the Socialist Republic of Vietnam is a party.
2. Inspection and evaluation of Vietnamese ships
shall be conducted at the location where such vessels are constructed,
converted, repaired or restored to normal working conditions, anchored or
currently operated.
3. Vietnamese ships which do not operate on
international routes shall be inspected, graded and accredited by certification
in accordance with laws, technical regulations and standards of Vietnam.
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Article 30. Types of ships
subject to inspections
1. Types of ships referred to in paragraph 1
Article 19 hereof shall be subject to inspections.
2. Inspection of ships which are not prescribed
in paragraph 1 of this Article shall be subject to regulations adopted by the
Minister of Transport.
Article 31.
Responsibilities regarding ship inspections
1. The ship owner shall be responsible for
implementing regulations on ship inspection when these vessels are constructed,
imported, converted, repaired or restored to normal working conditions and
currently operated; ensure they conform to requirements of technical maritime
safety, security and conditions for maritime labor and environmental pollution
prevention during the interval period between two inspections or evaluations
under the provisions of laws and related international agreements to which the
Socialist Republic of Vietnam is a party.
2. Inspecting organization when on duty must
comply with regulations of Vietnamese laws and the international agreements to
which the Socialist Republic of Vietnam is a party. The head of an inspecting
organization and persons who directly take charge of inspections and
evaluations must assume responsibilities for inspection and evaluation results.
Article 32. Technical
supervision of Vietnamese ships
Ships which are newly constructed, converted,
repaired or restored to normal working conditions must be subject to the
technical supervision of technical quality and safety to ensure their
conformity to requirements set out in approved design documents, and relevant
certification, of an inspecting organization.
Construction, reconstruction, repair or
restoration of ships must be carried out at accredited facilities in accordance
with laws.
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1. Official duty ship, submarine and submersible
shall be subject to inspection under the provisions of this Section.
2. The Minister of Transport shall adopt
regulations on inspection and grant of the certificate of technical maritime
safety, security and conformity with conditions for assurance of maritime labor
and environmental pollution prevention in accordance with Vietnamese laws and
international agreements to which the Socialist Republic of Vietnam is a party
with respect to floating docks, storage warehouses and movable platforms.
Section 4. CERTIFICATION
AND DECUMENTATION OF SHIPS
Article 34. Certification
and documentation of ships
1. Ships must be accredited by the certificate of sea-going registration,
certificates in technical maritime safety and security and conformity with
conditions for assurance of maritime labor and environmental pollution
prevention in compliance with Vietnamese laws and regulations and international
agreements to which the Socialist Republic of Vietnam is a party. Original
copies of such certificates must be carried along aboard ships underway at sea.
Where these certificates are issued in an electronic form, laws and regulations
on electronic transactions shall be applied.
The Minister of Transport shall provide detailed
regulations on certification and documentation of Vietnamese sea vessels.
2. The validity period of each certificate in
technical maritime safety and security and conformity with conditions for
assurance of maritime labor and environmental pollution prevention must be
specified. This validity period may be extended to a maximum of 90 days in the
event that these ships are not, in fact, able to turn up at the designated
location of inspection but their actual technical conditions remain conformable
to standards of maritime safety and security and conditions for assurance of
maritime labor and environmental pollution prevention. This extended period
shall end immediately once these ships arrive at the designated port for
inspection.
3. Certificates in technical maritime safety and
security and conformity with conditions for assurance of maritime labor and
environmental pollution prevention shall be annulled if any critical change
that causes serious impacts on the capability of ships of assuring maritime
safety, security and conformity to conditions for assurance of maritime labor
and environmental pollution prevention may be made to these vessels.
4. In the event that it is established that a
ship has failed to ensure maritime safety and security and conformity to
conditions for assurance of maritime labor and environmental pollution
prevention, maritime inspectorate and port authority shall be vested with
authority to temporarily suspend operations of ships, autonomously carry out or
request Vietnam’s inspecting organization to carry out technical inspections of
ships.
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1. In order to operate within port water area
and Vietnamese waters, a Vietnamese and foreign ship must have the certificate
of capacity granted by an accredited Vietnamese inspecting organization or
foreign ship capacity measuring organization. The certificate of capacity of ship
must be consistent with Vietnamese laws and regulations and international
agreements to which the Socialist Republic of Vietnam is a party.
2. Where there is any suspicion as to the
authenticity of the certificate of capacity of ship as defined in paragraph 1
of this Article, competent authorities of Vietnam shall autonomously decide or,
upon the request of other relevant organizations or individuals, decide
re-examination of capacity of that ship. Once the result of such re-examination
is not consistent with the certificate of capacity of ship, the ship owner must
pay costs incurred by such re-examination. Once the result of such
re-examination is consistent with the certificate of capacity of ship, the
competent authority vested with authority to autonomously decide such
examination, or relevant organizations or individuals requesting such
examination, must pay costs incurred by such re-examination.
Section 5. SHIP OWNERSHIP
TRANSFER AND SHIP MORTGAGE
Article 36. Transfer of
ownership of ship
1. Transfer of ownership of ship must be
expressed in writing under the provisions of Vietnamese laws or laws of the
country where transfer of such ownership takes place.
2. Transfer of ownership of a Vietnamese ship
shall become effective if such transfer is recorded in the national register of
ships of Vietnam.
3. Upon completion of ship ownership transfer, a
ship and property aboard such vessel shall be assigned to the ownership
transferee, unless otherwise agreed by contracting parties.
The aforesaid property includes physical objects
and equipment aboard such vessel but exclude constituent parts of such vessel.
4. Regulations on ship ownership transfer shall
be applied to transfer of ownership of share of a ship.
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Article 37. Vietnamese ship
mortgage
1. Ship mortgage refers to a ship owner’s
putting up his own ship as security for fulfillment of civil obligations to the
mortgagee without having to transfer such ship to that mortgagee.
2. The ship owner shall have the right to
provide the mortgagee with a Vietnamese ship under his ownership in accordance
with regulations enshrined in this Code and other relevant laws or regulations.
3. Agreement on Vietnamese ship mortgage must be
in writing. The ship mortgage must be consistent with Vietnamese laws and
regulations.
4. Regulations on ship mortgage shall also be
applied to mortgaging of a ship under construction.
Article 38. Rules of ship
mortgage
1. Transfer of ownership of a mortgaged ship
shall not be allowed, unless otherwise approved by the mortgagee.
2. The shipowner must buy insurance for
mortgaged ship, unless otherwise agreed upon in the mortgage agreement.
3. If the mortgagee has transferred the whole or
a part of ownership of the debt secured by a ship secured by a mortgaged ship
to other person, such ship mortgage shall also be transferred in an equivalent
manner.
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Priority order of ship mortgages shall be
determined, based on the order of registration of an equivalent ship mortgage
recorded in the national register of ships of Vietnam.
5. The mortgaging of a ship owned by two or more
owners must be unanimously agreed by these owners, unless otherwise agreed.
6. The ship mortgage shall be terminated under
the following circumstances:
a) Obligations secured by such mortgage come to
an end;
b) Such ship mortgage is cancelled or replaced
by other security alternatives;
c) The mortgaged ship has been treated under
laws and regulations;
d) The mortgaged ship is subject to total loss;
dd) As agreed upon by contracting parties.
7. The mortgagee shall only keep a copy of the
certificate of registration of the mortgaged ship.
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1. Registration of Vietnamese ship mortgage
shall include the following basic contents:
a) Name, place of office of the mortgagee and
the shipowner;
b) Name and nationality of the mortgaged ship;
c) Mortgage sum, interest rate and debt
repayment due date.
2. Mortgaging of a Vietnamese ship shall become
effective if such mortgaging is recorded in the national register of ships of
Vietnam.
3. Information about registration of the
mortgaged Vietnamese ship shall be provided for persons who request such
information.
4. Persons who register the ship mortgage and
those who use information about the ship mortgage shall be liable for statutory
fees.
5. The Government shall provide specific
provisions on registration of mortgaging of Vietnamese ship.
Section 6. MARITIME LIEN
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1. Maritime lien refers to the right of the
maritime claimant under Article 41 hereof which gives this claimant a privilege
to submit a claim for compensation against the owner, charterer and operator of
a ship in the event that there is any maritime claim in connection with that
sea–going vessel.
Maritime claim refers to a party requesting
another party to secure any obligation that may arise out of marine operations.
2. Any maritime claim that leads to the maritime
lien defined in Article 41 hereof shall hold higher position in the priority
order than other maritime claims secured by the ship mortgage and other secured
transactions.
3. The maritime lien shall be exercised by the
competent court’s decision to impound a ship in connection with any maritime
claim that leads to the maritime lien.
4. The maritime claimant shall be vested with
the right to keep custody of a ship to meet any maritime claim referred to in
Article 41 hereof even though such sea-going has been mortgaged or the ship
owner has performed other secured transactions to ensure other agreed-upon
obligations are secured.
5. The maritime lien over a ship shall not be
influenced by any change to the owner, charterer and operator of that ship,
given that the buyer of that ship has been informed or has not been informed of
the fact that that ship is involved in any maritime claim leading to the
maritime lien.
Article 41. Maritime claim
leading to maritime lien
1. Maritime claims on salary, repatriation cost,
social insurance contribution cost and other monetary amount paid to the
master, officer and other seafarers that belong to crew members aboard a ship.
2. Maritime claims on compensation for life,
disability or other injury to human health in association with operations of a
ship.
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4. Maritime claims on ship rescue remuneration.
5. Maritime claims on non-contractual property
loss and damage directly relating to operations of a ship.
Article 42. Priority order
of handling of maritime claims leading to the maritime lien
1. Maritime claims leading to the maritime lien
shall be handled in the priority order stated in Article 41 hereof; in the event
that any claim on remuneration paid for rescue of a ship comes after other
maritime claims leading to the maritime lien, it shall take higher position
than these maritime claims.
2. Maritime claims leading to the maritime lien
provided for by the same paragraph in Article 41 hereof shall take equal
positions in the priority order; in the even that distributed remuneration
amount is not affordable to pay for value of each maritime claim, the ratio of
value of a maritime claim to value of all claims shall be considered as the
basis for such payment.
3. Maritime claims that may arise out of the
same event shall be considered as those which arise at the same time.
4. Maritime claims leading to the maritime lien
against a ship in relation to its final voyage shall be given priority to be
settled prior to maritime claims leading to the maritime lien in relation to
other voyages.
5. Maritime claims that may arise out of the
same employment contract in relation to multiple voyages shall be settled along
with those in relation to the final voyage.
6. With respect to maritime claims on rescue
remuneration amount as defined in paragraph 4 Article 41 hereof, the maritime
claim that may arise after others shall be settled prior to other maritime
claims.
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1. The statute of limitations for the maritime
lien shall be 01 year after the date of creating the maritime lien.
2. The date of generating the maritime lien as
defined in paragraph 1 of this Article shall be determined as follows:
a) From the date of completion of a rescue
operation with respect to claims on rescue remuneration amount;
b) From the date of incurring any loss with
respect to claims on any loss and damage incurred by marine operations;
c) From the date of fulfilling payment
obligations with respect to other maritime claims.
3. The maritime lien shall be terminated from
the date on which the ship owner, charterer or operator repays debts incurred
from relevant maritime claims; if the payment amount is in the custody of the
ship master or persons authorized to act on behalf of the ship owner, ship
charterer or operator to serve the purpose of repaying debts relating to such
maritime claims, the maritime lien shall remain in effect.
4. If the Tribunal is not capable of impounding
a ship within the inland or territorial waters of Vietnam to protect interests
of maritime claimants who permanently reside or whose main offices are located
within the territory of Vietnam, the statute of limitations stipulated in
Article 1 of this Article shall expire after 30 days from the date of its first
arrival at a Vietnamese seaport, but not exceed 02 years from the date of
generating that maritime lien.
Section 7. CONSTRUCTION
AND REPAIR OF SHIP
Article 44. Ship building
and repair industry development plan
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2. The Prime Minister shall approve the master
plan for development of ship building and repair industry.
3. The Minister of Transport shall assume the
following responsibilities:
a) Formulate and report to the Prime Minister to
approve and decide adjustment of the master plan for development of ship
building and repair industry; priority policies for domestic ships and ship
repair services;
b) Draw and approve the detailed plan for ship
building and repair establishments;
c) Prepare the program and plan for high-quality
human resource development; contents of vocational training and education
programs that assist the ship building and repair industry;
d) Adopt the national technical regulation for
ship building and repair activities.
4. Investment in construction of ship building
and repair establishments must be consistent with the scheme for developing
ship building and repair industry and regulations of laws on investment,
construction as well as relevant laws.
5. The People’s Committee at the provincial
level shall be responsible for reserving proper local unoccupied land lots to
support ship building and repair industry according to the predetermined
scheme.
Article 45. Ship building
and repair establishments
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a) Have appropriate facilities and equipment;
have the production and business plan to meet the demands for construction and
repair of different nature and size of ships;
b) Establish a supervision and quality control
department in order to ensure that products must meet all quality, technical
safety and environmental protection standards and requirements in accordance
with laws and regulations;
c) Have an adequate number of personnel to meet
production and business requirements;
d) Have the plan to fire and explosion
prevention, employment safety and sanitation, and the plan for environmental pollution
prevention which have been approved in accordance with laws.
2. The Minister of Transport shall adopt the
national technical regulation applied to ship building and repair
establishments.
3. The People’s Committee at the provincial
level shall, within their permitted functions, duties and powers, take
responsibility to perform the state administration of operations of ship
building and repair establishments located within its locality in accordance
with prevailing regulations.
4. The Ministry of Public Security, and the
Ministry of Natural Resources and Environment, shall be responsible for
cooperating with the Ministry of Transport in provision of detailed guidance on
the plan for fire and explosion and environmental pollution prevention with respect
to ship building and repair establishments.
5. The Government shall provide detailed
regulations of paragraph 1 of this Article.
Section 8. SHIP DEMOLITION
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1. The plan for development of ship demolition
establishments must be based on natural and socio-economic conditions; must
take into account existing facilities and environmental protection.
2. The Prime Minister shall approve the plan for
development of ship demolition establishments.
3. The Minister of Transport shall assume the
following responsibilities:
a) Take charge of cooperating with the Ministry
of Natural Resources and Environment and relevant local authorities to draw up
and request the Prime Minister to approve and decide to revise the plan for
development of ship demolition establishments;
d) Adopt the national technical regulation for
ship demolition establishments.
4. Investment in construction of a ship
demolition establishment must be consistent with the specified plan and must
conform to requirements of fire and explosion safety and environmental
prevention.
Article
47. Rules of ship demolition
1. The ship demolition must
take into account assurance of national defence, security, maritime safety and
security, labor safety, fire and explosion prevention, and human health and
environmental protection.
2. The ship demolition must
only be conducted at the licensed ship demolition establishment in accordance
with effective regulations.
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Article 48. Ship demolition
establishment
Ship demolition establishment refers to an
enterprise which is established under legal regulations and must meet the
following conditions:
1. Be constructed and operate according to the
approved plan;
2. Have technical facilities and equipment which
facilitate the ship demolition;
3. Complete environmental impact assessment
tasks in ship demolition activities under the provisions of laws on
environmental protection.
Article 49. Detailed
provisions on ship demolition
The Government shall introduce
detailed provisions on ship demolition.
Chapter III
CREW MEMBERS AND
SEAFARERS
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Article 50. Crew members
Crew members refer to seafarers subject to the
manning requirements of a ship, including ship master, officers and other
professionals working onboard the ship.
Article 51.
Responsibilities of the ship owner to crew members
1. Arrange an adequate number of seafarers to
meet the manning requirements of a ship and ensure that seafarers must be
provided with acceptable working conditions aboard the ship in accordance with
regulations laid down in paragraph 2 Article 59 hereof.
2. Define ranks and rank-based roles of
seafarers, except for ranks decided by the Minister of Transport.
3. Ensure standard working and living conditions
of seafarers aboard a ship in accordance with laws and regulations.
4. Buy accident insurance and other compulsory
insurance policies for seafarers working aboard a ship in accordance with laws
and regulations.
Article 52. Legal status of
the ship master
1. The ship master is the person vested with the
supreme command of the ship as an organization’s head. All people onboard the
ship must observe the ship master’s commands.
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Article 53. Obligations of
the ship master
1. Manage and operate a ship in accordance with
laws.
2. Take charge of ensuring that the ship fully
meets maritime safety and security requirements, and necessary conditions for
assurance of maritime labor and environmental pollution prevention, and
conforms to professional standards and regulations relating to equipment, ship
hull, storage and quality of crew members and other matters relating to
maritime safety and security, conditions for assurance of maritime labor and
environmental pollution prevention for ships and humans aboard a ship before
and during the time when the ship is underway at sea.
3. Regularly carry out supervisory activities to
ensure that freight are loaded aboard the ship, stowed and stored onboard the
ship, unloaded from the ship in a proper manner, even though such work duties
have been assigned to responsible persons.
4. Employ methods of preventing freight onboard
ships from any damage or loss; apply necessary measures to protect interests of
persons who are offered benefits from such freight; summon up all of his
capabilities of notifying persons who are granted relevant benefits of special
events in relation to such freight.
5. Apply all necessary measures to protect
ships, humans and other property aboard ships; prevent illegal carriage of
humans or goods aboard ships.
6. Navigate a ship to the nearest safe seaport
and implement all necessary measures to protect that ship, humans and property
aboard such ship and documentation of such ship in the event that port of
freight unloading or passenger disembarkation has been blocked, or exposed to
war threats or faced with other emergency conditions.
7. Summon up all of his capabilities of rescuing
passengers and then seafarers in the event of threat of shipwreck or damage.
The ship master must be the last person leaving
ships after finding all possible ways to collect maritime logbooks, nautical
charts and other significant materials aboard ships.
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9. Directly maneuver a ship when it is entering
or leaving a port, canal, navigational channel, and when it operates in a port
water area or when a serious emergency or danger happens.
10. Employ maritime pilots, tugboats if this is
stipulated by laws or if this is necessary to ensure safety for the ship.
Employing maritime pilots shall not be grounds
for exempting obligations of the ship master defined in paragraph 9 of this
Article.
11. Show dedication to his assigned duties in a
manner to respect the standard of professional conscience.
12. Conduct search and rescue of persons whose
lives are endangered at sea provided that fulfillment of his obligations cause
no serious danger to the ship and humans aboard his ship. The ship owner shall
not be charged with responsibility for the ship master’s breach of obligations
defined in this paragraph.
13. Fulfill other obligations in accordance with
laws.
Article 54. Rights of the
ship master
1. Act on behalf of the ship owner and persons
who are offered freight-related benefits when dealing with work duties relating
to operation and management of the ship and cargoes carried aboard the ship.
2. Act in the name of the ship owner and persons
who are offered freight-related benefits to perform judicial acts within his
scope of work duties stipulated in paragraph 1 of this Article, and possibly
initiate a lawsuit or participate in the arbitral proceedings in front of a
Court or Arbitrary Tribunal when his ship is outside of the registered port,
except when the ship owner or persons whose benefits relate to freight declares
partial or total restriction on that right of representation.
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4. Reward or discipline seafarers under his
management; have the right to refuse to accept or force unqualified seafarers
who fail to meet rank-based requirements or those who offend laws or
regulations to leave the ship.
5. Act in the name of the ship owner to take out
a credit or cash loan when necessary. Such loan must be within a statutory
limit to repair the ship, employ more seafarers and provide necessary supplies
for the ship or serve other demands in order for the ship to continue its
voyage.
6. Sell a part of the ship's property or
abundant reserve amount aboard the ship within the scope of application
stipulated by paragraph 5 of this Article in the event that expecting the ship
owner to send money or give directions may cause disadvantage or may be
impossible.
7. In the course of the ship’s making a voyage,
if there is no other way to meet conditions for termination of a voyage, the
ship master shall be vested with the right to pledge or sell a part of the
ship’s freight after failing to take an order from the shipper and the ship
owner even though all possible actions have been taken. In such case, the ship
master must ensure that any loss or damage suffered by the ship owner or the
consignor and persons who have relevant interests in such freight must be
reduced to the absolute minimum.
8. When the ship is underway at sea without any
emergency food supplies, the ship master shall be entitled to decide to use a
part of food freight aboard the ship; in case this is found urgent, the ship
master shall be allowed to decide to use food supplies of persons onboard the
ship. Such use must be documented. The ship owner must pay for the number of
food supplies which have been so used.
9. If the ship is in distress at sea, the ship
master shall be entitled to send a distress call and, after entering into
negotiations with ships providing rescue services, shall exercise his right to
make a final decision on a ship which is eligible for rescue operations.
Article 55.
Responsibilities of the ship owner regarding civil status
1. Make a nautical logbook and record with
participation of the medical staff and two witnesses pertaining to any birth or
death that happens onboard the ship and other relevant events; preserve
corpses, make a manifest of and keep custody of property of a dead person
onboard the ship.
2. Report on any birth or death that happens
aboard the ship and send testaments or manifest of property items of a dead
person to a competent register office located at the first port within the
territory of Vietnam where this ship enters, or to the nearest representative
agency if the ship arrives at an overseas seaport.
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Article 56.
Responsibilities of the ship owner regarding the arrest and detainment of
persons onboard the ship
1. Once discovering any offence that an offender
commits in the act, or any wanted person, or in case of emergency detainment of
any person aboard the ship which has left a seaport, the ship master shall
assume the following responsibilities:
a) Arrest or order an arrest of an offender
caught in the act of committing any crime or any wanted person; detain any
person in case of emergencies;
b) Impose any necessary crime control and
prevention and make a record in accordance with laws and regulations;
c) Protect evidence and, depending on specific
conditions, deliver arrested or detained persons and available documents or
records to a competent authority located at the first seaport of Vietnam where
the ship arrives or to a public duty ship of Vietnam that such ship comes
across at sea, or report to the nearest representative agency of Vietnam and
follow all instructions of this agency if this ship enters into an overseas
seaport.
2. Whenever necessary, in order to ensure safety
and security for a ship, humans and cargoes onboard a ship, the ship master
shall be vested with authority to detain any crime suspects, persons caught in
the act of committing any crime or any wanted person aboard a ship at a private
room.
Article 57.
Responsibilities of the ship master for reporting to a representative agency of
Vietnam
1. When a ship arrives at an oversea seaport,
the ship master must report to the nearest representative agency of Vietnam
whenever this reporting is necessary.
2. The ship master shall be charged with
responsibilities to present certificates and documents regarding the ship upon
the request of the representative agency of Vietnam located within the
territory of the country where the ship enters.
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Whenever a marine accident and incident occurs,
or any accident or other cases relating to maritime safety and security is
discovered, the ship master shall be responsible for promptly notifying a
competent authority and reporting on such marine accident and incident in
accordance with prevailing laws and regulations.
Section 2. SEAFARERS
Article 59. Seafarers
aboard a ship
1. A seafarer must meet eligibility requirements
and standards for holding ranks onboard a Vietnamese ship.
2. A seafarer working aboard a Vietnamese ship
must meet the following eligibility requirements:
a) Be a Vietnamese citizen or an overseas
citizen authorized to work aboard a Vietnamese ship;
b) Meet health standards, working age
requirements and achieve professional qualifications in accordance with applied
regulations;
c) Be assigned to hold professional ranks aboard
the ship;
d) Hold a discharge book;
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3. A Vietnamese citizen who meets statutory
eligibility requirements shall be entitled to work aboard an overseas ship.
4. The Minister of Transport shall adopt
detailed regulations on professional ranks and rank-based roles of a seafarer;
minimum manning requirements; professional standards and qualifications of each
seafarer; registration of a seafarer and a seafarer’s discharge book; required
conditions that a seafarer who is an alien must meet to work onboard a
Vietnamese ship.
5. The Minister of Health shall provide detailed
regulations on health standards of a seafarer licensed to work aboard a
Vietnamese ship.
Article 60. Obligations of
a seafarer
1. A seafarer working aboard a Vietnamese ship
must take on the following obligations:
a) Strictly observe Vietnamese laws and
international agreements to which the Socialist Republic of Vietnam is a party
along with laws of the country within which the Vietnamese ship is operating;
b) Demonstrate hard work and dedications to
their assigned duties and be held accountability to the ship master for these
duties;
c) Execute the ship master’s orders in a timely,
strict and accurate manner;
d) Prevent any accidents or incidents against
the ship, cargoes, humans and baggage onboard the ship. When discovering any
dangerous emergency, a seafarer must promptly report to the ship master or any
watchstanding officer, and simultaneously take necessary measures to prevent
any accident or incident that may arise from such dangerous emergency;
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2. A Vietnamese seafarer working aboard an
overseas ship shall be obliged to comply with employment contracts signed with
the ship owner or foreign employers.
Article 61. Employment
policies and benefits of a seafarer
1. Employment policies and benefits of a seafarer
working onboard a Vietnamese ship shall be consistent with Vietnamese
legislation and relevant international agreements to which the Socialist
Republic of Vietnam is a party.
2. In the event that the ship owner or the ship
master orders a seafarer to abandon the ship, the ship owner shall be
responsible for covering all living and travel costs which are necessary to be
repatriated; in the event that the ship master orders a seafarer to leave the
ship, the ship owner must be advised of this.
3. In the event that any legal personal property
of a seafarer have been subject to any loss or damage due to any marine
accident or incident, the ship owner must compensate for such loss or damage at
the market price determined at the time and location of settlement for such
accident or incident. A seafarer whose property is lost or damaged at his own
faults, (s)he shall have no rights to submit any claim against such loss or
damage.
4. Employment policies and benefits of a
Vietnamese seafarer working aboard an overseas ship and of a foreign seafarer
working aboard a Vietnamese ship must be consistent with employment contracts.
Article 62. Employment
contract of a seafarer
Before working onboard a ship, both of a
seafarer and ship owner must enter into an employment contract.
2. An employment contract of a seafarer must
include basic contents prescribed by laws on employment contracts and must
include but not limited to the followings:
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b) Accident insurance;
c) Payment for annual leave;
d) Terms and conditions under which an
employment contract is terminated.
Article 63. Work and rest
hours of a seafarer
1. Work hours shall be arranged within 24
consecutive hours, including weekly days-off or national holidays.
2. Rest hours shall be stipulated as follows:
a) Minimum rest hours are 10 hours within any 24
hours, and 77 hours within any 07 days; 77 hours within any 07 days;
b) The number of rest hours within a period of
24 hours may be divided into the maximum of two stages, either of which lasts
at least 06 hours, and an interval between two consecutive stages of rest lasts
the maximum of 14 hours.
3. If any emergency likely to threaten safety
and security for the ship, humans, cargoes aboard the ship occurs, or in order
to assist other ships or people in distress at sea, the ship master shall be
vested with the right to require any seafarer to be ready to work at any time.
Upon completion of emergency duties, the ship master shall be responsible for
arranging an adequate amount of rest hours for a seafarer as per subparagraph a
paragraph 2 of this Article.
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5. In case of mustering seafarers, practicing
statutory fire, life-saving or other drills, the ship master can make other
rest hour arrangement as stipulated by subparagraph a paragraph 2 of this
Article provided that such arrangement is likely to cause minimum impacts on
rest hours and does not make a seafarer feel exhausted and is agreed under a
collective bargaining agreement or an employment contract with this seafarer
according to the following rules:
a) Minimum rest hours are 10 hours within a
period of 24 hours, and within a period of 07 days. An exception shall not
apply for more than 02 consecutive weeks. An interval between two stages when
such exception applied shall not be twice less than the time length of the
previous stage in which the previous exception applied;
b) Minimum rest hours stated in subparagraph a
paragraph 2 of this Article may be divided into the maximum of three stages,
one of which shall not be allowed to last less than 06 hours, and the remaining
two of which shall not be allowed to last less than 01 hour;
c) An interval between two consecutive rest
stages shall not be allowed to exceed 14 hours;
d) An exception shall be allowed to apply in
less than two 24-hour stages within a period of 07 days.
6. The ship master or persons authorized by the
ship master shall be responsible for making the record of rest hours and
provide it to all of seafarers.
Article 64. Paid annual
leaves and public holidays of seafarers
A seafarer working aboard a ship shall be
entitled to paid annual leaves and public or national holidays and received
their full salary payments. If a seafarer has yet to go on any annual leave or
public or national holidays, such seafarer shall be offered a compensatory
time-off.
2. The number of paid annual leaves and days-off
shall be calculated in accordance with laws and regulations as well as relevant
international agreements to which the Socialist Republic of Vietnam is a party.
Days-off on the occasion of national, public holidays, those for personal
reasons or unpaid ones as prescribed by laws shall not be included in the
number of paid annual leaves and days-off.
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Article 65. Wage, allowance
and other income of a seafarer
The ship owner shall be responsible for paying
monthly wage, allowance directly to a seafarer or any person legally authorized
by such seafarer.
2. Wage, allowance and other income of a
seafarer shall be paid in cash or deposited in a personal account of this
seafarer or any of such seafarer’s authorized person. In case of making such
payment via a bank account, the ship owner must enter into an agreement with a
seafarer on costs incurred from account opening, maintenance and money transfer
in accordance with applicable laws and regulations.
3. The ship owner shall be responsible for
making and providing a seafarer with a monthly income statement which specifies
wage, allowance and other income that such seafarer receives.
Article 66. Repatriation of
a seafarer
1. The ship owner shall be responsible for
arranging repatriation of a seafarer and pay costs incurred under the following
circumstances:
a) Such seafarer’s employment contract has
expired;
b) Such seafarer is suffering from any illness
or marine occupational accident, which results in his inevitable repatriation;
c) Such seafarer’s ship is wrecked or sunken;
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dd) The ship operates within a war zone, which makes
such seafarer refuse to continue his work duties aboard the ship;
e) Other cases are agreed upon between two
contracting parties.
2. Where a seafarer unilaterally terminates an
employment contract in a illegal manner, or a seafarer is subject to any
disciplinary actions in the form of dismissal, the ship owner shall stay
responsible for arranging to return this seafarer to the place agreed upon in
an employment contract with this seafarer but such seafarer shall be liable, at
the own expense, for all costs incurred to the ship owner.
Costs incurred from repatriation of a seafarer
shall be covered by the ship owner, including:
a) Costs paid for making a voyage to the place
of repatriation as agreed upon in an employment contract;
b) Meal and accommodation cost of this seafarer
which is calculated from the date of disembarkation from the ship to the date
of arrival at the place of repatriation;
c) Salary and travel cost of this seafarer which
are calculated from the date of disembarkation from the ship to the date of
arrival at the place of repatriation;
d) Cost of carrying the maximum of a maximum
baggage allowance of 30 kilos (kg) to the repatriation place;
dd) Necessary medical cost which is calculated
till such seafarer is healthy enough to make a voyage to the repatriation
place.
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5. Statute of limitations for any claim
regarding the seafarer repatriation shall be 01 year from the date of
repatriation.
6. The ship owner shall be responsible for
keeping copies of legal documents on repatriation and providing them for
seafarers.
7. The ship owner shall be responsible for
ensuring financial capability to pay seafarers for their repatriation in
accordance with laws and regulations.
8. Where a competent authority of Vietnam has to
make any arrangement for the seafarer repatriation, the ship owner shall be
liable for reimbursement for costs incurred.
9. The Minister of Finance shall provide
guidance on regulations laid down in paragraph 7 and 8 of this Article.
Article 67. Food and drink
1. The ship owner shall be responsible for
providing free food and drink which must ensure an adequate amount, nutritional
value, accepted quality standards, diverse nature, and conformity to food
safety and hygiene requirements for seafarers onboard a ship; must accord with
religious beliefs, values and cultural identities of seafarers.
2. The ship owner or any person appointed by the
ship owner must regularly carry out checking and keeping a record of the
following contents:
a) Supply of food and drink;
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c) Galley and other appliances used for
preparing and serving meals.
3. The ship owner shall be responsible for
assigning a chief cook and catering attendants who serve seafarers with meals.
Where there are fewer than ten seafarers aboard a ship, appointment of a chief
cook is not compulsory but that of a catering attendant is required.
4. The Minister of Health shall adopt regulations
on food and potable water hygiene and safety criteria, and food and drink
serving per each meal for each seafarer working onboard a ship.
Article 68. Medical care
for seafarers
1. Seafarers shall have access to regular,
timely and free medical care during the period of their work onboard a ship and
at the port where this ship arrives.
2. The ship owner shall be responsible for
providing medical care services for seafarers onboard the ship in accordance
with the following provisions:
a) Protect and take care of health of seafarers
working onboard a ship in a similar manner to medical care services provided
for inland employees in terms of medicines, medical equipment and supplies,
healthcare manuals, healthcare information and medical consultation;
b) Ensure that all seafarers shall have access
to medical examination and treatment at healthcare service providers or dental
centers located at the port where the ship docks;
c) Take measures to prevent marine occupational
accidents and illnesses through dissemination and education of healthcare
knowledge for seafarers.
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a) As for a ship carrying at least one hundred of
persons and taking more than 3 days’ international voyage, at least one doctor
must be available;
b) As for a ship carrying fewer than one hundred
of persons and having none of doctors onboard, at least 01 seafarer must take
charge of medical care and medicines management duties, or one seafarer
competent to give first aid must be assigned.
The seafarer tasked with providing medical care
and first aid service must be completely trained in such medical care and first
aid service in conformance to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers.
4. The ship master or any person in charge of
medical care on board the ship shall be responsible for creating forms or
templates of a medical report in accordance with laws and regulations. Forms or
templates of a medical report shall be used for exchanging information with
inland healthcare service providers. Information provided in a form or template
of a medical report must be treated with complete confidentiality and shall be
used for diagnosis, care and treatment purposes only.
5. The Minister of Transport shall assume the
following responsibilities:
a) Announce the list of seafarer healthcare
service providers;
b) Provide regulations on medicine cabinets, medical
equipment and medical care manuals on board, and medical care report forms or
templates.
Article 69.
Responsibilities of the ship owner to seafarers suffering from marine
occupational accidents or diseases
1. Make co-payment for relevant costs and those
which are not covered by health insurance, including medical treatment,
surgery, hospitalization, medicine types, equipment necessary for medical
treatment, meal and accommodation cost of a seafarer calculated from the date
of first aid to the date of recovery or till the date of determination of
chronic disease.
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3. Pay burial costs in the event that a seafarer
dies onboard the ship or ashore while such seafarer is employed to work aboard
that ship.
4. Carry dead seafarer’s corpse or cremated
remains to the place of repatriation.
5. The ship owner shall not be liable for costs
paid to a seafarer under the following circumstances:
a) Such seafarer has been injured or has
contracted an illness which happens at any time rather than the time when this
seafarer is employed to work aboard the ship;
b) Such seafarer has been injured or has
contracted an illness due to this seafarer's intentional acts.
6. Protect and return any property aboard the
ship to such seafarer or his relatives in the event that such seafarer has left
the ship by reason of illness, injury or death.
Article 70. Providing an
account of, investigating, enumerating and reporting marine occupational
accidents and diseases
1. If a marine occupational accident occurs, the
ship owner or the ship master shall be responsible for providing an account of
such accident as per the law on employment for any of the following competent
authorities:
a) Port authority, if the ship is currently
operating within the port water area;
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c) Vietnam's representative agency, if the ship
is operating within the overseas waters.
2. Investigating, enumerating and reporting
marine occupational accidents and diseases shall be consistent with the law on
employment and occupational safety.
3. The Minister of Labor, War Invalids and
Social Affairs shall adopt regulations on providing an account of,
investigating, enumerating and reporting marine occupational accidents.
Article 71. Prevention of
marine occupational accidents and diseases
1. The ship owner shall be responsible for
developing and applying measures consistent with effective regulations on
assurance of safety and sanitation for seafarers’ marine occupations and
occupational diseases, including:
a) Instruct and train seafarers in occupational
safety and sanitation before assigning them to work aboard a ship or other work
duties or any other work activities which have higher level of risk;
b) Train seafarers in occupational safety and
sanitation in a periodic manner as per prevailing laws and regulations;
c) Examine, evaluate hazardous or harmful
elements; propose measures to eliminate and minimize dangers or harms; improve
working conditions and medical care for seafarers;
d) Define specific responsibilities of each seafarer
for occupational safety and sanitation activities onboard the ship;
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e) Provide seafarers with a full amount of
personal safety and protective equipment as well as other devices to prevent
occupational accidents from occurring, and provide them with instructions for
use for these equipment or devices. Personal protective equipment must meet
statutory quality standards;
g) Ensure that machines, devices and materials
available on board the ship which must conform to strict occupational safety
requirements must be technically inspected before being brought into operation,
and must be periodically inspected during the period of use in accordance with
laws and regulations;
h) Ensure that unauthorized persons shall not be
allowed to enter into ship areas which may cause impacts on human health and
safety;
i) Outline the plan for emergency response in
respect of marine occupational accidents relating to seafarers and conduct
annual drills.
2. The ship owner shall be responsible for
purchasing accident insurance or civil liability insurance, and any binding
compulsory insurance for seafarers during the period when they are employed to
work on board the ship.
3. The ship owner shall be responsible for
regularly and periodically expediting and inspection implementation of measures
to assure occupational safety and sanitation for seafarers adopted by the ship
owner; taking remedial actions against any insecurity aboard the ship and
reporting to the ship owner.
4. Seafarers shall be responsible for complying
with measures to assure occupational safety and sanitation adopted by the ship
owner.
5. The Minister of Labor, War Invalids and
Social Affairs shall introduce the list of machines and devices onboard the
ship which must conform to strict occupational safety and sanitation
requirements upon the request of the Ministry of Transport.
Article 72. Training and
drilling seafarers
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2. Seafarer training and drilling programs must
be consistent with Vietnamese laws and regulations, and relevant international
agreements to which the Socialist Republic of Vietnam is a party.
3. The ship owner shall have rights and
responsibilities to admit and provide favorable conditions for trainees to work
as apprentices on board the ship.
4. The Minister of Transport shall adopt
detailed provisions of paragraph 2 and 3 of this Article.
Chapter IV
SEAPORT
Section 1. GENERAL
PROVISIONS
Article 73. Seaport
1. Seaport refers to an area enclosing port land
and water areas of which infrastructure facilities are constructed and
equipment necessary for incoming and outgoing ships is installed in order to
load or unload goods, embark or disembark passengers as well as to render other
services. A seaport may include one or two port terminals. A port terminal
includes one or a lot of wharves.
Offshore oil port refers to a facility
constructed and installed at the offshore oil production area for the ship to
enter or leave for loading and unloading of cargoes and rendering of other
services.
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3. An area or region of water includes pilot
embarkation and disembarkation area, phytosanitary inspection area, turning
basin, anchorage area, transhipment area and storm shelter area within a port
water area.
4. Military port, fishing port and inland port
and port terminal located within a port water area shall be subject to the
state administration for maritime safety and security, fire and explosion
protection and environmental pollution prevention under the provisions of this
Code and other relevant laws and regulations.
Article 74. Criteria for
determination of a seaport
1. Have a water area thoroughly connecting to a
sea.
2. Have natural geographical conditions to meet
requirements relating to construction of a wharf, port terminal, anchorage
area, transhipment area and navigational channel for the ship to enter, leave
and operate in a safe manner.
3. Have advantages in marine transportation.
4. Act as the center of the traffic network to
facilitate inland freight transport, carriage and transhipment of exporting and
importing goods by sea.
Article 75. Classification
of seaports and advertisement of the list of seaports
1. Seaports are classified into the followings:
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b) Grade-I seaports mean large-scale seaports
which serve the purpose of nationwide or inter-regional socio-economic
development;
c) Grade-II seaports mean medium-scale seaports
which serve the purpose of regional socio-economic development;
d) Grade-III seaports mean small-scale seaports
which serve the purpose of local socio-economic development.
2. The Prime Minister shall decide
classification of seaports and advertisement of the list of seaports after
considering the request of the Minister of Transport.
3. The Minister of Transport shall advertise the
list of port terminals that belong to Vietnam's seaport system after
considering the request of maritime state regulatory agencies.
Article 76. Fundamental
functions of a seaport
1. Provide vessel traffic services for ships
which enter and leave a seaport.
2. Provide transports, equipment and workforce
necessary for ships to anchor, load or discharge goods and embark or disembark
passengers.
3. Provide freight transportation, loading,
discharge, warehousing and storage services within the territory of a seaport.
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5. Be designed provide shelter, repair and
maintenance or other indispensable services for ships in case of emergencies.
6. Provide other services for ships, humans and
cargoes.
Article 77. Rules for
naming a seaport, offshore oil port, port terminal, wharf, floating terminal,
water area and water region
Seaport, offshore oil port, port terminal,
wharf, floating terminal, water area and water region must be named according
to the following rules:
1. Seaport, offshore oil port, port terminal,
wharf, floating terminal, water area and water region must be given a name
during the process of developmental plan or construction project formulation.
Such name must be utilized as requested by the project owner or relevant
agencies or organizations.
2. Names of seaports, offshore oil ports, port
terminals, wharves, floating terminals, water areas, and water regions, shall
not be allowed to coincide with each other or be misleading, or there may be an
inconsistency between designated names and functions of these seaports,
offshore oil ports, port terminals, wharves, floating terminals, water areas,
and water regions.
3. Names of state agencies, armed force units,
political organizations or socio-political organizations shall not be used as
whole or partial particular names of these seaports, offshore oil ports, port
terminals, wharves, floating terminals, water areas, and water regions, unless
otherwise approved by these agencies, units or organizations.
4. Words or signs which offend against
historical, cultural, moral and traditional values shall not be allowed to use
for naming purposes.
Article 78. Authority to
name a seaport, offshore oil port, port terminal, wharf, floating terminal,
water area and water region
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2. Heads of maritime state regulatory agencies
shall be accorded authority to decide names given to port terminals, wharves,
floating terminals, water areas and water regions.
Article 79. Public notice
of opening or closing of a seaport and port water area
The Government shall adopt regulations on
authority, conditions and procedures in relation to the opening and closing of
a seaport, wharf, port terminal, floating terminal, water area, water region,
port water area, and management of a navigational channel and marine operations
that take place at a seaport.
Article 80. Temporary
refusal of permission for ships to enter or leave a seaport, port terminal,
wharf, floating terminal, water area or water region
1. In order to ensure maritime safety, security
and environmental protection, national defence and security, or prevent natural
disasters or epidemics, the Director of Port authority shall make a decision on
temporary refusal of permission for ships to enter or leave a seaport, port
terminal, wharf, floating terminal, water area or water region.
2. If there is none of reasons for refusal of
permission for ships to enter or leave a seaport, port terminal, wharf,
floating terminal, water area or water region, the Director of Port authority
shall make a decision to cancel such temporary refusal.
3. Promptly after grant of the decision on
temporary refusal or cancellation of temporary refusal of permission for ships
to enter or leave a seaport, port terminal, wharf, floating terminal, water
area or water region, the Director of Port authority must report to a maritime
state regulatory agency; simultaneously, notify the ship owner or an agent of
the ship owner and other relevant specialized state regulatory agencies located
at a seaport.
Article 81. Plan for
development of a seaport system
1. The seaport system development plan must be
based on the strategy for socio-economic development; national defence and
security tasks; demands and resources; the scheme for developing
transportation, other industries, characteristics of each locality and trends
of maritime development in the world.
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2. The Prime Minister shall approve the master
plan for seaport system development.
3. The Minister of Transport shall ratify the
detailed plan for seaport system development.
Article 82.
Responsibilities for drawing and managing the seaport system development plan
1. The Minister of Transport shall assume the
following responsibilities:
a) Formulate and submit the master plan for
Vietnam’s seaport system development to the Prime Minister for ratification
purposes, and suggest modification of the approved master plan;
b) Publicly disseminate and provide guidance on
and conduct inspection of implementation of the approved plan;
c) Ratify the detailed plan for a cluster of
seaports, port terminals, wharves, floating terminals, water areas or water
regions; grant a decision on detailed modifications of the detailed plan for
such cluster which is not inconsistent with functions or scale referred to in
the master plan for Vietnam's seaport system development.
2. Ministries, Ministry-level bodies and
provincial People's Committee shall assume the following responsibilities:
a) Collaborate with the Ministry of Transport in
conducting administration of the plan for seaport system development under the
provisions of this Code and other regulations of relevant laws;
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Article 83. Investment in
construction, management and operation of seaports and navigational channels
1. Investment in construction of seaports and
navigational channels must be consistent with the plan for development of
seaports and navigational channels in accordance with this Code and other
provisions of laws on investment, construction and other relevant legal
regulations.
2. Domestic or foreign organizations or
individuals shall be allowed to invest in construction of seaports or
navigational channels in accordance with laws.
Organizations or individuals investing in
construction of seaports or navigational channels shall decide the modality of
management and operation of seaports and navigational channels.
3. Before approving an investment project, a
competent authority must obtain a written consent from the Ministry of
Transport.
4. Organizations or individuals investing in
construction of seaports, port terminals and wharves shall decide the proper
management and operation modality which must be consistent with laws and
regulations.
Article 84. Nautical chart
of port water area, navigational channel and route
The Ministry of Transport shall take charge of
collaborating with the Ministry of National Defense in conducting construction
and publication of the nautical chart of a port water area, navigational
channel or route for the purpose of ensuring maritime safety after considering
the request of a maritime state regulatory agency.
Article 85. Detailed
provisions on seaports
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2. The Government shall promulgate detailed
provisions on criteria for classification of seaports; investment in
construction, management and operation of seaports and navigational channels,
and eligibility requirements for seaport operation business; processes and
procedures for naming or change of names of seaports, offshore oil ports, port
terminals, wharves, floating terminals, water areas or water regions.
Section 2. SEAPORT
ADMINISTRATION
Article 86. Administration
of operation of port infrastructure projects financed by the state budget
1. The part or whole of a port infrastructure
project financed by the state budget shall be leased for operation in
accordance with laws.
2. Leasing a port infrastructure project for operation
purposes shall be carried out in accordance with laws on procurement and other
relevant legal regulations.
3. The authority that makes a decision to invest
in a port infrastructure project shall decide the leasing of such port
infrastructure project for operation purposes.
4. Lessee must meet all of the following
requirements:
a) Have the legal entity;
b) Have the plan for conduct and operation of
such leased project in a manner of effectiveness and right purpose;
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5. The Government shall adopt detailed
regulations on leasing of port infrastructure for operation purposes and
utilization of revenues generated from such leasing.
Article 87. Port management
and operation authority
The port management and operation authority
shall be established by the Government, and shall be assigned a port land or
water area for the purpose of planning and investing in construction,
development and operation of port infrastructure facilities and post-port
logistics service area.
Article 88. Duties and
powers of the port management and operation authority
1. Formulate and submit the master plan for
development of assigned port land and water area to the Ministry of Transport
for review before reporting to the Prime Minister to apply for ratification.
2. Formulate and submit the detailed plan for
development of assigned port land and water area to the Ministry of Transport
to apply for its ratification.
3. Invest in construction and development of
port infrastructure facilities in conformance to the approved plan.
4. Apply for investment registration, and
inspect, grant, revise and revoke the investment certificate in respect of
projects for investment in post-port logistics service area located at such
assigned land and water area.
5. Introduce regulations on management of
operations that take place within such assigned port land and water area.
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7. Implement the procurement procedure for
operating lease of wharf and port terminal infrastructure system.
8. Examine and supervise operations performed by
operators of seaports and post-port logistics service area.
9. Take control of and supply equipment, and
ensure safety for port operations and ship’s movements under its management.
10. Provide pilotage, towage. logistics and
other relevant service within these assigned port land or water area.
11. Maintain, overhaul and repair port
infrastructure facilities located within such assigned port land and water
area.
12. Decide on amounts of charges paid for
services rendered within such assigned land and water area on the basis of the
service charge schedule issued by competent authorities.
Determine levels of charges paid for services
rendered within such assigned port land and water area on the basis of the
service price schedule issued by the Minister of Transport.
13. Be given other duties and powers by the
Government.
Article 89. Organizational
structure of the port management and operation authority, areas to which the
model of a port management and operation authority is applied
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2. President, members of the Board and General
Director of the port management and operation authority shall be appointed by
the Prime Minister upon the request of the Minister of Transport. It must
include representatives of organs such as the Ministry of Transport, the
Ministry of Finance, the Ministry of Planning and Investment, the Ministry of
Natural Resources and Environment, People’s Committees of the provinces to
which the model of a port management and operation authority is applied.
3. The Government shall adopt detailed
regulations on the organizational structure, duties and powers of the port
management and operation authority, and areas to which the model of a port
management and operation board is applied.
Article 90. Maritime fees,
charges and port service charges
1. Maritime fees or charges and collection,
payment, management and utilization of maritime fees or charges shall be
consistent with laws and regulations on fees and charges.
2. Port service charges shall include:
a) Charges paid for services relating to
container handling, pilotage and utilization of wharf, terminal and floating
dock, and towage;
b) Charges paid for other port services.
3. Service enterprises shall, at their
discretion, decide on specific port service charges referred to in subparagraph
a paragraph 2 of this Article which are subject to the price range decided by
the Ministry of Transport.
4. Service enterprises shall, at their
discretion, decide on specific port service charges referred to in subparagraph
b paragraph 2 of this Article.
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Article 91. Port authority
1. The port authority refers to an organ
directly affiliated to a maritime state agency which is assigned to perform its
marine state administration duties at a seaport and other areas that fall under
its management.
2. The Director of a port authority is the
ultimate commander in this port authority.
3. The Ministry of Transport shall adopt
regulations on organization and operation of a port authority.
Article 92. Duties and
powers of the Director of a port authority
1. Get involved in formulating the plan and
proposal for development of seaports under his delegated powers and conduct
oversight of implementation of such plan and proposal after obtaining approval
from competent authorities.
2. Conduct implementation of regulations on
management of marine operations that take place at seaports and areas that fall
under his management; examine and oversee navigational channels and marine
signaling systems; check marine operations of organizations or individuals that
take place at seaports and areas that fall under his management.
3. Authorize and oversee ships which enter,
leave and operate within a seaport; prevent ships from entering or leaving
seaports if necessary conditions relating to maritime safety and security,
marine occupation and environmental pollution prevention have not been met.
4. Take charge of coordination in navigational
operations that take place at seaports and areas that fall under his
management.
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6. Temporarily impound any ship as stipulated by
Article 114 of this Code.
7. Take charge of searching and rescuing people
in distress at sea within the territory of the port water area under his
management; mobilize necessary personnel and equipment for such search and
rescue or for environmental pollution response.
8. Conduct sea-going ship registration or
seafarer registration which is assigned by competent authorities; collect,
manage and use port fees and charges in accordance with laws.
9. Conduct marine inspection, and investigate
and handle, within his jurisdiction, marine accidents that occur at seaports
and areas under his management.
10. Take charge of or direct the operational
cooperation between state regulatory agencies operating at seaports.
11. Impose administrative penalties for any
violation that may arise in the maritime area within his jurisdiction.
Article 93. Collaboration
on state administration operations at seaports
1. Marine state regulatory agencies, and
security, phytosanitary inspection, customs, taxation, culture, sports and
tourism, fire and explosion prevention, environmental protection, and other
authorities, shall implement duties and powers at seaports as per laws and
regulations. Within their assigned duties and delegated powers, these authorities
shall be responsible for collaborating on their operations and putting their
collaboration under control of the Director of the port authority.
2. State regulatory agencies which have regular
operations at seaports shall be allowed to establish their work offices within
the territory of such seaports. Port enterprises shall be charged with
responsibility to provide favorable conditions for such agencies to implement
their duties and powers.
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Article 94. Requirements
for ships’ port arrival
1. All of ships, regardless of their
nationality, tonnage and purpose of use, shall be allowed to enter into a
seaport if they meet maritime safety, security, occupation, environmental
protection and other conditions in accordance with laws and regulations.
2. A ship shall be allowed to operate at
seaports, port terminals and wharves which have been advertised for use, and
must be relevant to their designed functions.
3. In the event that foreign ships are underway
at Vietnamese sea outside of the port water area, procedures for ships’
entering and leaving a seaport must be completed at the port authority in
charge of managing that seaport. The port authority shall be responsible for
overseeing operations of a ship in order to ensure maritime safety, security
and environmental pollution prevention.
Article 95. Rules for
foreign military vessels’ arrival in Vietnam
1. A foreign military vessel must be authorized
to enter into Vietnam by competent state regulatory authorities in accordance
with laws and regulations.
2. The foreign military vessel that arrives in
Vietnam must comply with regulations of Vietnamese laws, unless otherwise
diplomatically agreed upon between the country whose national ensign is flown
by that vessel and the competent state regulatory agency of Vietnam prior to
such vessel's arrival in Vietnam.
3. The work schedule and members working onboard
that vessel must be consistent with specified arrangements; where there is any
change or supplementation to the schedule or members, such change and
supplementation must be subject to the permission granted by Vietnam’s
competent authorities.
4. In order to be allowed to enter into a
Vietnamese seaport, a foreign military vessel that is heading toward Vietnam's
territory waters must comply with the following regulations:
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b) Ship identification numbers and ship name
must be inscribed onto the ship's body;
c) All weapons taken onboard that vessel must be
placed in a rest or unmounted position or kept in locked storage;
d) That vessel must stop at the pilot
embarkation and disembarkation area in order to complete procedures for entry
and any procedure under the instructions of the port authority or pilotage in
Vietnam;
dd) Only necessary maritime safety equipment or
registered frequencies used for marine communications shall be allowed for use.
e) That vessel must enter into the right seaport
by sailing along the stipulated navigational route and corridor.
5. If a foreign military vessel heading toward
Vietnam wishes to move from this seaport to the other within the territory of
Vietnam, it must apply for approval granted by Vietnam's competent authority.
Article 96. Time limit for
completion of statutory procedures for a ship’s entering and leaving a seaport
1. No later than 02 hours after the time of a ship’s
anchoring at a wharf or before the proposed time of a ship’s leaving a seaport,
the responsible persons are required to complete stipulated procedures for the
ship’s entering or leaving a seaport.
2. No later than 01 hour after completion of
such procedures and submission of all required documents, the port authority
must make a decision to grant permission for such ship's entering and leaving
its seaport.
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Article 97. Provisions on
exemption or reduction on procedures for ship arrival and departure in certain
special cases
1. Public duty ships when on duty, ships used
for embarking and disembarking pilots, those specially designed for search and
rescue operation, assurance of maritime safety, fire and explosion prevention
or for other emergency duties shall be exempted from statutory arrival and
departure procedures, but these ships’ masters are required to report on this
to the port authority in writing, in or by any other relevant form or
communications means.
2. Ships arriving in a seaport to deliver
rescued humans, property and ships and only staying at a seaport within a
period of less than 12 hours shall be allowed to complete only one-time arrival
and departure procedures.
Article 98. Rules of a
ship’s departure from a seaport
1. A ship shall be allowed to leave a seaport
after all required procedures have been completed.
2. A ship shall not be allowed to leave a
seaport under the following circumstances:
a) That ship fails to meet required maritime
safety, security, occupation and environmental pollution prevention conditions;
b) Maritime fees or charges have not been
completely paid by the stated deadline;
c) Any other threat to safety for that ships,
humans or cargoes onboard that ship and sea environment has been discovered;
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3. In the event of refusing to allow a ship to
depart from a seaport under the provisions of subparagraph a, b and c paragraph
2 of this Article, the Director of the port authority or authorized
organizations or individuals must notify the ship master and any relevant
agencies of reasons for such refusal, and must allow such ship to complete
departure procedures promptly after such reasons no longer persist.
Article 99. Authority to
grant permission, processes and procedures for a ship’s entering and leaving a
seaport
The Government shall adopt detailed regulations
on Authority to grant permission, processes and procedures for a ship’s entering
and leaving a seaport and for a foreign military vessel's arrival in Vietnam.
Section 4. INLAND PORT
Article
100. Functions of an inland port
1. Receive and deliver goods
carried by containers.
2. Load and unload cargoes into
and out of shipping containers.
3. Gather freight containers
transported to a seaport and in opposite direction.
4. Inspect and complete customs
procedures for exporting or importing goods.
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6. Temporarily store exporting
and importing goods and containers.
7. Repair and maintain
containers.
Article
101. Criteria for determination of an inland port
1. An inland port must conform
to the plan for inland port system development which has already been approved.
2. It must be connected to main
transportation corridors and seaports, which serve the purpose of regional
economic development.
3. It must have at least two
transport modes in order to provide favorable conditions for multimodal transport
organizations, or must be directly connected to one mode of transport which has
high competency.
4. It must provide sufficient
space to locate work offices of relevant agencies or organizations.
5. It must meet fire and
explosion prevention and environmental protection requirements in accordance
with laws and regulations.
Article 102. Plan for
development of an inland port system
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2. The Prime Minister shall ratify and revise
the master plan for inland port system development after considering the
request of the Minister of Transport.
3. The Minister of Transport
shall ratify the detailed plan for inland port system development. Publicly
disseminate and conduct provision of guidance on and inspection of
implementation of the approved plan.
4. Ministries and provincial
People's Committee shall assume the following responsibilities:
a) Collaborate with the
Ministry of Transport in conducting administration of implementation of the
plan for inland port system development under the provisions of this Code and
other regulations of relevant laws;
b) Reserve an adequate amount
of land lots for inland port system development according to the approved plan.
Article 103. Investment in
construction, management and operation of inland ports
1. Investment in construction of inland ports
must be consistent with the plan for inland port system development and
provisions of laws on investment, construction and other relevant legal
regulations.
2. Organizations or individuals shall be
licensed to invest in construction and operation of inland ports as per laws
and regulations.
3. The Government shall adopt detailed
regulations on investment in construction, management and operation of inland
ports.
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1. The Minister of Transport
shall issue a public announcement of opening, temporary suspension and closing
of an inland port.
2. State security, phytosanitary inspection,
customs, taxation, and other regulatory agencies, shall implement duties and
powers at inland ports as per laws and regulations.
3. State regulatory agencies which have regular
operations at inland ports shall be allowed to establish their work offices
within the territory of such inland ports. Inland port enterprises shall be
held responsible for providing favorable conditions for such state regulatory
agencies to implement their duties and powers.
Chapter V
MARITIME SAFETY,
SECURITY, OCCUPATION AND ENVIRONMENTAL PROTECTION
Article 105. Assurance of
maritime safety, security, occupation and environmental protection
1. Vietnamese sea-going ships shall only be used
for purposes which have been registered in the national register of ships of
Vietnam once the structure, equipment, certificates and documents of such
ships, and manning requirements and qualifications of crew members, are
consistent with Vietnamese laws and regulations and international agreements to
which the Socialist Republic of Vietnam is a party.
2. Sea-going ships, military vessels, public
duty ships, fishing ships, inland watercraft, submarines, submersibles,
hydroplanes, floating warehouses, movable platforms and floating docks must,
upon operating within a port water area and territorial waters of Vietnam,
comply with instructions conveyed by marine signaling systems and observe rules
for preventing collisions at sea in accordance with regulations laid down by
the Minister of Transport.
3. When a ship is underway within the territory
of a navigational channel and at necessary positions along the coastline, on
the island, or in the water environment with obstacles and other marine
structures and in the port water area where such ship is licensed for
operation, marine signaling system must be kept in place in accordance with
regulations adopted by the Minister of Transport.
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5. Foreign nuclear-powered ships, ships used for
carrying nuclear materials shall be allowed to operate within the port water
area, internal waters and territorial waters of Vietnam only after the Prime
Minister grants permission.
6. Organizations or individuals operating within
Vietnamese seaports and waters must observe Vietnamese laws and regulations and
international agreements to which the Socialist Republic of Vietnam is a party
with regard to maritime safety, security, occupation and environmental
protection.
Article 106. Ship security
and seaport security
1. Passenger-carrying ships and cargo-carrying
ships which have the capacity of a least 500 GT and movable platforms, all of
which are flying the Vietnamese national ensign to operate in the international
route, must have the ship security plan in accordance with laws and
regulations.
2. Vietnamese seaports which are allowed to
receive foreign and Vietnamese ships as referred to in paragraph 1 of this
Article must have the seaport security plan in accordance with applicable
regulations.
3. The Minister of Transport shall adopt
specific regulations on formulation, evaluation and ratification of the plan
for ship, seaport, water area and water region security; those on certification
regarding ship and seaport security.
Article 107. Dissemination
of maritime security information
1. Maritime security information refers to
pieces of information about any illegal act of obstruction of a ship’s voyage,
or about any past or possible risk that can cause ship accidents or incidents.
2. Ships operating within Vietnamese port water
area and waters must send a distress call when in a state of emergency at sea
in accordance with regulations.
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4. The authority that has received maritime
security information shall be responsible for arranging 24/24 watchstanding
work in order to process received information and deliver maritime security
information in a timely manner to any relevant authority.
5. The Government shall adopt specific
regulations on public dissemination, receipt, processing and delivery of
maritime security information.
Article 108. Assurance of
maritime safety
1. Assurance of maritime safety shall include
the following activities:
a) Conduct and manage the work of assurance of
maritime security;
b) Provide maritime security assurance service.
2. Conduct and management of maritime safety
assurance refer to establishment and operation of a maritime safety assurance system,
including formulation of the plan and management of investment in construction
of infrastructure facilities, and conduct of operation of maritime safety
assurance system; standardization, evaluation and control of quality of
maritime safety assurance service.
3. Maritime safety assurance service includes:
a) Establish, operate, sustain and maintain
marine signaling systems, navigational channels and routes;
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c) Issue nautical notifications;
d) Regulate assurance of maritime safety;
dd) Design and issue maritime safety documents
and publications;
e) Provide electronic maritime information;
g) Provide marine pilotage service;
h) Provide marine search and rescue service;
i) Clear obstructions that can pose risks to the
maritime safety;
k) Render other maritime safety assurance
services in accordance with laws and regulations.
4. Maritime safety service providers must meet
all required conditions in terms of equipment, financial and human resource as
prescribed by laws and regulations.
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The Minister of Transport shall conduct and
manage maritime safety assurance duties.
Article 109. Navigational
route located within Vietnamese territorial waters
1. Navigational route refers to the path of a
ship within Vietnamese territorial waters which is restricted by points that
have positions and coordinates defined and announced by competent regulatory
authorities to direct ships sailing into Vietnamese waters.
2. Establishment of a navigational route within
Vietnamese territorial waters used for safe passing and assurance of maritime
safety of ships must be consistent with Vietnamese legislation, 1982 United
Nations Convention on Law of the Sea and other relevant international
agreements to which the Socialist Republic of Vietnam is a party.
Article 110. Establishment
and public announcement of navigational route and categorization of
navigational routes within Vietnamese territorial waters
1. The Ministry of Transport shall carry out
establishment and public announcement of maritime routes and categorization of
navigational routes within Vietnamese territorial waters upon the request of
maritime state regulatory agencies.
2. The Ministry of Foreign Affairs shall
collaborate with the Ministry of Transport and other relevant agencies to
notify international organizations of maritime routes and categorization of
navigational channels within Vietnamese territorial waters in accordance with
Vietnamese legislation and other relevant international agreements to which the
Socialist Republic of Vietnam is a party.
Article 111. Establishment
and public announcement of maritime routes and categorization of navigational
routes within Vietnamese territorial waters
1. Name of maritime route.
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3. Information about categorization of
navigational channels.
4. Instructions for ships’ operations on a
maritime route.
5. Other necessary information.
Article 112. Form of
announcement of maritime route and categorization of navigational routes within
Vietnamese territorial waters
1. Public announcement of maritime routes and
categorization of navigational channels within Vietnamese territorial waters
shall take the following forms:
a) Publish the nautical chart or relevant paper
or electronic documents used for sea-going issues;
b) Disseminate maritime notifications;
c) Establish the directory of maritime routes
and navigational routes within Vietnamese territorial waters.
d) Follow other relevant forms in accordance
with laws.
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a) Conduct transmission of maritime
notifications of maritime routes and categorization of navigational routes
within Vietnamese territorial waters, both of which have been publicly
announced in accordance with laws;
b) Conduct establishment and publication of the
directory of maritime routes and navigational routes within Vietnamese
territorial waters.
3. Establishment and publication of the
directory of maritime routes within Vietnamese territorial waters shall be
financed by the state budget and other legitimate financing sources.
Article 113. Inspection
and examination of ships’ conformity to requirements for assurance of maritime
safety, security, occupation and environmental protection
1. Ships which operate within port water areas,
internal waters and territorial waters of Vietnam shall be subject to
inspection and examination of the maritime Inspectorate and the port authority
to ensure their conformity to requirements for assurance of maritime safety,
security, occupation, fire and explosion prevention and environmental
protection in accordance with Vietnamese laws and regulations and international
agreements to which the Socialist Republic of Vietnam is a party.
2. Inspection and examination stipulated in
paragraph 1 of this Article must be performed in accordance with laws and cause
no adverse impact on any possibility of maritime safety and security and
conditions for assurance of maritime occupation, fire and explosion prevention
and environmental prevention.
3. The ship owner and master shall be held
responsible for providing favorable conditions for competent state regulatory
agencies referred to in paragraph 1 of this Article to carry out their ship
inspection and examination.
4. The ship owner and master shall be
responsible for taking any necessary measure to correct any ship defect in
maritime safety, security, occupation, fire and explosion prevention and
environmental protection upon the request of the maritime inspectorate and the
port authority.
Article 114. Temporary
detention of ships
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1. A ship is involved in an investigation in a
marine accident under which temporary detention is required to serve
investigation purposes;
2. All statutory fines have not been paid in
full yet as stipulated by laws.
3. The ship is charged with commission of any
violation against laws for which a temporary detention is imposed in accordance
with laws.
Article 115. Authority to
temporary detention of ships and term of such temporary detention
1. The Director of the port authority shall be
vested with authority to temporarily detain ships under the provisions of
paragraph 1 Article 114 hereof within a period of less than 05 days.
Where it is necessary to extend the term of such
temporary detention for the purpose of collection of evidence used for
investigation in a marine accident that happened within a port water area, the
Director of the port authority shall report to maritime state regulatory
agencies for consideration and decision to extend the validity term of such
temporary detention which is restricted to less than 05 days; where any marine
accident occurs outside the port water area, the extended period of temporary
ship detention shall be considered and decided by the Minister of Transport.
Investigation in a marine accident must be
conducted in an imperative manner and the temporary ship detention must be
terminated promptly after sufficient evidence is collected for investigation
purposes.
2. The person who is accorded authority over
temporary ship detention as defined in the Law on handling of administrative
violations shall be entitled to temporarily detain ships under the provisions
of paragraph 2 Article 114 hereof. Temporary ship detention shall be terminated
immediately after all administrative fines have been completely paid or full
payment for such fines is guaranteed.
3. Authority and term of temporary ship
detention as stipulated in paragraph 3 Article 114 of this Code shall be
consistent with laws and regulations.
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Article 116. Procedures
for temporary ship detention
1. The person who is accorded authority over
temporary ship detention as stipulated in Article 115 hereof shall make a
decision on temporary ship detention in respect of cases specified in Article
114 hereof. The temporary ship detention decision must be immediately delivered
to the master of the ship subject to the temporary detention, maritime state
regulatory agencies and other relevant state regulatory authorities located at
seaports.
2. Upon receipt of the temporary ship detention
decision referred to in paragraph 1 of this Article, the ship master and
interested persons must follow requirements set out in such temporary ship
detention decision.
3. After the reasons for temporary ship detention
no longer persist or term of such temporary ship detention expires and there is
no decision on extension of the temporary ship detention in accordance with
laws and regulations, the person accorded authority over temporary ship
detention must grant the decision to terminate the temporary ship detention and
deliver such decision to the master of the ship subject to such detention,
maritime state regulatory agencies and others located at seaports.
4. The temporary ship detention must be
documented.
5. The Government shall adopt specific
provisions on the temporary ship detention to serve the purpose of
investigation into a marine accident.
Article 117. Complaints
and resolution of complaints against the decision on temporary ship detention
The ship master, owner or operator shall be
vested with rights to file any complaint against the temporary ship detention
decision. Processes and procedures for resolution of a complaint shall be
consistent with laws and regulations on complaints.
Article 118. Sea protest
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2. When ships, people or goods carried onboard
ships are subject to any loss or damage, or there is any suspicion about any
possible loss or damage incurred by any accident or incident at sea, the ship
master must prepare and lodge a sea protest to competent authorities as
referred to in paragraph 3 of this Article in order to certify filing of such
sea protest.
3. State agencies accorded authority to certify
that a sea protest has been filed in Vietnam include the port authority or the
People’s Committees of the nearest commune.
State agencies accorded authority to certify
that a sea protest has been filed in an overseas country include the nearest
representative agencies of Vietnam or any accredited agency or organization
located within such country where the ship is operating.
4. A sea protest shall be made and certified in
Vietnamese or English language. If a sea protest is made in English language,
it must conform to requirements set out by the agency accorded authority to
certify such filing of the sea protest, and the ship master must submit an
attached Vietnamese translation version.
5. Regulations on a sea protest shall also be
applied to other types of ships operating within a Vietnamese port water area
and territorial waters.
6. The Ministry of Transport shall adopt
specific regulations on submission and certification of sea protests.
Article 119. Legal value
of a sea protest
1. The sea protest certified under the provisions
of this Code shall have value as evidence for resolution of any relevant
dispute.
2. The certified sea protest shall not exempt
the ship master from liability for concerning events.
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1. If an accident or incident occurs during the
time when a ship is underway at sea, the sea protest must be submitted to
competent authorities for certification no later than 24 hours from the time of
ship's entering the first seaport.
2. If an accident or incident occurs at a
Vietnamese seaport, the sea protest must be submitted to competent authorities
for certification no later than 24 hours from the time of occurrence of such
accident or incident.
3. If an accident or incident concerning cargoes
stored in a cargo hold occurs, the sea protest must be submitted to competent
authorities for certification before uncovering that cargo hold.
4. If it is impossible to submit a sea protest
under the provisions of paragraph 1, 2 and 3 of this Article, the filed sea
protest must clearly specify reasons.
Article 121. Submission of
a supplemental sea protest
The sea master shall be entitled to prepare a
supplemental sea protest whenever necessary for submission to competent
authorities for certification.
Article 122. Marine search
and rescue
1. Ships and hydroplanes which are in distress
and need any help must send a distress call in accordance with laws and
regulations.
2. Any ship and hydroplane that discovers or
receives a distress call from people or other ship in distress at sea or a port
water area, if there are necessary and sufficient actual conditions for any
rescue action and if rescue activities do not pose any serious danger to the
ship and people onboard, must make every effort to help and rescue people in
distress, even though such effort entails the ship's going off the
predetermined course, and must promptly advise any relevant organization and
individual of this.
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4. The Minister of Transport shall adopt
specific regulations on organization and operation of the maritime search and
rescue coordination authority.
Article 123. Marine
accident
1. Marine accident refers to any event directly relating
to ship operations which may lead to one of the following consequences: dead,
missing or seriously injured people; ship collision; severe damage to the ship
structure; missing, wrecked, sunken, stranded and unmaneuvered ships; damage to
maritime infrastructure facilities or serious environmental pollution.
Marine accidents shall not include acts that
intentionally cause harm to people, ships, maritime infrastructure facilities
or environment.
2. The Director of the port authority must
conduct investigation into any marine accident; in the course of investigation
into such marine accident, if any sign constituting an offence is found, all
documents and records relating to such offence must be transferred to the
competent investigation authority.
3. The Minister of Transport shall adopt
detailed regulations on marine accident reporting and investigation.
Article 124. Protection
for marine structures
1. Protection for marine structures includes operations
aimed at ensuring that these marine structures meet safety and quality
standards; measures to prevent, control and deal with acts of infringement
against such structures which may pose dangers to human lives and cause damage
to state and public-owned assets.
2. Extent of protection includes marine
structure, its enclosure facilities, aerial parts, underwater parts and
underground parts related to safety for marine structures and assurance of
safety for marine operations.
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Article 125. Rules on
protection for maritime structures
1. Investing in constructing, managing operation
of, repairing and protecting marine structures must be consistent with relevant
laws and regulations together with technical standards which have already been
issued or published by competent authorities.
2. Upon formulating the plan that may have any
impact on marine structures, Ministries and provincial People’s Committees must
send a written request for any advice of the Ministry of Transport.
3. Organizations and individuals investing in
construction, conduct of operation of marine structures must have plans to
protect these marine structures, including the following basic contents:
a) Determination of the extent of protection for
marine structures in accordance with provisions laid down in this Code;
b) Establishment of marine signaling systems
installed for marine structures;
c) Human resource; registered address, telephone
number used for protection for marine structures;
d) Means and instruments used for protection for
marine structures;
dd) Plan to protect marine structures and
methods of inspection and oversight provided by the project owner or operator
of such structures;
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g) Recommendations on rules, policies and
mechanisms for cooperation of project owners or operators with the port
authority and competent authority located at the area where a marine structure
is located.
Article 126. Extent of
protection for marine structures
1. Extent of protection for marine structures
must include:
a) As for port terminal and wharf, the extent of
protection is calculated from the outer edge of each structure to the outer
limit of a water area facing against a seaport or wharf;
b) As for offshore oil ports, the extent of
protection is restricted by the safety belt and the safety zone where
navigation and anchoring are prohibited;
c) As for navigational channels, the extent of
protection is calculated from the centre of the concrete block for buoy marking
navigational channels to both sides of navigational channels which are
determined according to the technical regulations for navigational channels;
d) As for marine signaling systems, the extent
of protection is calculated outwards from the centre of the marine signaling
system which is determined according to the technical regulations for marine
signaling systems;
dd) As for the aerial and underground parts of
marine structures, the extent of protection for these parts is specifically
determined in respect of each structure on the basis of the plan for
development of seaports and navigational channels, technical regulations and
other relevant legal regulations.
2. The competent authority must even include
contents of the extent of protection for marine structures when announcing a
marine structure's being brought into operation.
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Article 127. Response to
emergencies that may arise during the process of protection for maritime
structures
1. When discovering that a marine structure has
been encroached upon or exposed to a risk of insecurity, the project owner, the
person in charge of conducting operation of such marine structure, or the
person who made such discovery, shall be responsible for promptly reporting to
the port authority that manages such marine structure to find timely measures.
2. Upon receipt of reported information, the
Director of the port authority must direct the project owner or the person in
charge of conducting operations of this marine structure to apply any necessary
measure to protect the marine structure and reduce any loss that may happen to
the minimum; concurrently, report to the competent authority and government of
the locality where such marine structure is located with the aim of giving
assistance and applying any necessary measure to respond to and mitigate any
accident, handle any violation and assure safety for such marine structure.
3. The project owner or operator of a marine
structure must be responsible for strictly comply with directions of the port
authority or competent authority; apply measures to respond to and mitigate any
accident and prevent any violation according to the plan for protection of
marine structures; create any necessary warning or alert to assure safety for
the vicinity of that marine structure; promptly alleviate any consequence in
order to bring the marine structure into operation in a safe manner as soon as
possible.
4. The competent authority, government of the
locality where the violated marine structure is located, upon discovering any
violation or receiving information about any marine structure which is exposed
to any encroachment or any risk of insecurity, must imperatively cooperate with
the port authority of this locality, the project owner or the person in charge
of conducting operations of marine structures to deal with such violation,
respond to and mitigate any accident in accordance with laws.
Article 128. Environmental
protection in marine operations
1. Construction of a ship or seaport must entail
installation of environmental protection equipment in accordance with laws and
regulations; have oil and hazardous chemical spill response plans.
Seaport must have plans and solutions to receive
and treat wastes discharged from ships in accordance with applicable laws.
2. The ship owner, seaport owner and
organizations or individuals involved must comply with laws and regulations on
environmental protection.
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ARREST OF SHIPS
Section 1. GENERAL
PROVISIONS
Article 129. Arrest of
ships
Arrest of ships refers to detention or
restriction on removal of a ship by order of a Court to secure a maritime
claim, apply interim injunctions, enforce civil judgements and perform mutual
legal assistance.
Article 130. Powers of
arrest
1. The People’s Court at the level of a province
where the seaport at which a ship subject to a request for arrest of a ship is
having marine operations is located shall be vested with authority to grant a
decision to arrest that ship.
Where a seaport has different port terminals
located within different centrally-affiliated cities and provinces, the
People’s Court at the level of a province where the seaport at which a ship
subject to an arrest request is having marine operations is located shall be
vested with authority to grant a decision to arrest that ship.
2. The People’s Court that is dealing with a
civil case, or the People's Court at the level of a province where the
Arbitration Council is resolving any dispute, shall be accorded authority to
impose an arrest of a ship as an interim injunction.
Two copies of a judgement on arrest of a ship by
a Court shall be delivered to the port authority in which one copy is used as
the basis for implementation and the remaining other is given to the master of
the arrested ship to serve the purpose of implementation.
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Article 131.
Responsibility for requesting wrongful arrest of ships
1. The applicant for arrest of a ship must be
held legally liable for his request. If the request for arrest of a ship is
wrongful, which may lead to any loss, such applicant shall be responsible for
compensating for any loss or damage possibly incurred.
2. Any loss or damage that may be incurred from
consequence of such request for wrongful arrest shall be dealt with as agreed
upon between parties. Where there is any disagreement or dispute that may
arise, the Court or Arbitration Tribunal shall be requested to settle this
disagreement and dispute in accordance with laws.
3. If the Court that grants a judgement on
arrest of a ship which is not based on the reasons for a request for arrest or
does not serve on the ship as the right subject matter of such request, which
may cause any loss or damage, it shall be liable for any compensation in
accordance with laws and regulations.
Article 132. Measures of
financial security for a request for arrest of ships
1. The person requesting arrest of ships must
provide financial security in either or both of the following forms:
a) Submitting asset-backed security documents
issued by banks or other credit institutions, or individuals, agencies or
organizations;
b) Depositing a sum or valuable papers according
to the Court’s judgement over execution of financial security in an escrow
account opened at the bank within an area where the work office of the Court
accorded authority to arrest a ship is located no later than 48 hours of
receipt of such judgement.
2. Value of a financial security shall be
decided by the Court and shall be proportionate to any loss or damage incurred
due to consequences arising from request for wrongful arrest of a ship.
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1. The person submitting a claim for arrest of
ships shall be liable for paying charges in accordance with laws.
2. Charges for arrest of ships shall be paid to
the Court accorded authority to grant a decision on arrest of ships as
stipulated by Article 130 hereof within a duration of 48 hours of receipt of
request for payment of such charges.
Article 134. Documents and
evidence attached in a written request for arrest of ships or a written request
for release of ships from arrest
1. Upon filing a request for arrest or release
of ships, the person requesting such arrest must file a written request for
arrest of ships or a written request for release of ships from arrest,
enclosing documents and evidence stating that such request or release of ships
is sound and legitimate.
2. Where documents about and evidence for a
request for arrest or release of ships from arrest are all written in a foreign
language, a Vietnamese translation copy must be submitted and legally
authenticated in accordance with Vietnamese legislation. With respect to
documents and papers created, issued and certified by a foreign competent
authority in accordance with such foreign country's laws, the consular
legalization is required, except when this consular legalization process is
exempted in uniformity with international agreements to which the Socialist
Republic of Vietnam is a party.
Article 135. Notification
of entry of the decision on arrest of ships, or the decision on release of
ships from arrest
1. The Director of the port authority shall be
charged with notifying in writing a Court, state maritime regulatory agency and
relevant competent authorities operating at a seaport of the decision on arrest
of ships or the decision on release of ships from arrest.
2. The ship master shall be responsible for
notifying the ship owner, charterer, operator and other interested parties of
arrest or release of ships.
Article 136. Obligations
of the owner of property during the period of arrest of ships
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2. Where the owner, charterer and operator of a
ship do not provide or is no longer capable of providing funds for maintenance
of safe operations of ships, the ship owner, agent of the ship owner shall be
responsible for applying necessary measures to ensure maintenance of safe
operations of arrested ships.
3. In the event that an authority enforcing the
decision to arrest a ship provides funds for maintenance of safe operations of
the ship, the ship owner, charterer and operator shall be responsible for
paying all costs incurred from maintenance of safe operations of such ship
during the period of arrest to the authority enforcing the decision to arrest
that ship on condition that it is established that the request for arrest is
rightful.
Article 137. Release of
ships from arrest
1. A ship which has been arrested shall be
released under the following circumstances:
a) After the ship owner, charterer or operator
has provided sufficient security or has paid a full amount of debts and costs
incurred during the process of arrest of such ship;
b) Decision on arrest of a ship has been
cancelled;
c) The validity period of arrest of a ship
according to the decision on such arrest has expired.
2. In the absence of agreement between parties
as to the amount and form of substitution security, the Court shall determine
its nature and amount thereof, not exceeding the value of the arrested ship.
The person requesting arrest of a ship shall not be allowed to take any action
that may harm property or other interests of the ship owner, charterer or
operator.
3. The ship shall be released upon the request
of the person filing a request for arrest of a ship; in this case, all costs
incurred shall be covered by such person.
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1. Arrest of a ship with an aim of securing a
maritime claim shall be consistent with regulations laid down in Section 2 of
this Chapter and laws on procedures for arrest of ships.
2. Arrest of a ship in case of application of an
interim injunction, for the purpose of ensuring enforcement of a civil
judgement and providing mutual legal assistance shall be consistent with laws
on civil proceedings, procedures for arrest of ships and other applicable legal
regulations.
Section 2. ARREST OF SHIPS
FOR THE PURPOSE OF SECURING A MARITIME CLAIM
Article 139. Maritime
claim leading to right of arrest of a ship
A maritime claim leading to the right of arrest
of a ship refers to a claim arising out of one or more of the followings:
1. Cases stipulated in Article 41 hereof;
2. Any damage or threat of damage caused by the
ship to the environment or other relevant interests; measures taken to prevent,
minimize or remove such damage; compensation for such damage; costs of
reasonable measures which have been or will be actually applied to reinstate
the environment; loss incurred or likely to be incurred by third parties in
connection with such damage; and damage, costs, or loss of a similar nature to
those identified in this paragraph;
3. Costs or expenses relating to the raising,
removal, salvage, destruction or rendering harmless of a sunken, stranded or
abandoned ship, including anything that is or has been on board such ship, and
costs or expenses relating to the preservation of an abandoned ship as well as
payments to the ship's seafarers;
4. Any agreement concerning the use or hire of a
ship, whether contained in a charter-party or otherwise;
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6. Loss of or damage to or in connection with
goods, including baggage carried onboard the ship;
7. General average;
8. Towage;
9. Pilotage;
10. Goods, materials, provisions, bunkers,
equipment (including containers) supplied or services rendered to the ship for
its operation, management, preservation or maintenance;
11. Construction, reconstruction, repair,
converting or equipping of the ship;
12. Disbursements incurred on behalf of the ship
owner;
13. Insurance premiums payable by or on behalf
of the ship owner or demise charterer;
14. Any commissions, brokerages or agency fees
payable in respect of the ship by or on behalf of the ship owner or demise
charterer;
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16. Any dispute between co-owners of the ship as
to the employment or earnings of the ship;
17. A ship mortgage;
18. Any dispute arising out of a contract for the
sale of the ship.
The claimant defined in this Article shall have
the right to request the jurisdictional Court referred to in paragraph 1
Article 130 hereof to grant a decision on arrest of ships in order to secure a
maritime claim.
Article 140. Conditions
for arrest of ships for the purpose of securing a maritime claim
1. Upon receipt of a request for arrest of a
ship, in order to secure a maritime claim as stipulated by Article 139 hereof,
the Court shall grant a decision on arrest of such ship under the following
circumstances:
a) The person who owned the ship at the time
when the maritime claim arose is liable for the claim and is owner of the ship
when the arrest is effected;
b) The demise charterer of the ship at the time
when the maritime claim arose is liable for the claim and is demise charterer
or owner of the ship when the arrest is effected;
c) The claim is based upon a mortgage or a
"hypothèque" or a charge of the same nature on the ship;
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dd) The claim is secured by a maritime lien in
connection with such ship.
2. Arrest of a ship is also permissible of any
single ship or other ships which, when the arrest is effected, is or are owned
by the person who is liable for the maritime claim and who was, when the claim
arose:
a) Owner of the ship in respect of which the
maritime claim arose;
b) Demise charterer, time charterer or voyage
charterer of that ship.
3. The provision laid down in paragraph 2 of
this Article does not apply to maritime claims in respect of ownership or
possession of a ship.
Article 141. Period of
arrest of ships during which a maritime claim is secured
1. The period of arrest of a ship during which a
maritime claim is secured shall last 30 days from the date on which the ship is
arrested.
2. During the period of arrest of a ship as a
manner of securing a maritime claim, if the person filing a request for such
arrest brings proceedings before a Court or submit a claim to the Arbitration Tribunal
against any dispute and insists on request for such arrest, the period of such
arrest for the purpose of securing the claim shall terminate whenever the Court
decides whether an interim injunction is applied to arrest such ship.
Article 142. Bases for
release of a ship arrested to secure a maritime claim
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a) The ship owner, charterer or operator has already
implemented security measures or repaid all debts owed;
b) Property-related obligations assumed by the
ship owner, charterer or operator have been secured by any other person acting
on their behalf, or have been fulfilled under the letter of commitment issued
by a credit institution. The Ministry of Finance shall make the list of
reliable credit institutions known to the public;
c) Upon the request of the person filing a
request for arrest on his own;
d) Decision on arrest of a ship has been
cancelled;
dd) The validity period of arrest of a ship
according to the Court’s judgement has expired.
2. Security measures shall be agreed upon
between parties. In the absence of agreement between parties as to the amount
and form of the security, the Court shall determine its nature and amount
thereof, not exceeding the value of the arrested ship or of property obligation
which serves as the basis for such arrest in the event that such property
obligation is less than the value of the ship.
Article 143. Request for
release of an arrested ship to secure a maritime claim
Whenever there exists one of bases referred to
in subparagraph 1, b and c paragraph 1 Article 142 hereof, the ship owner,
charterer, operator, master, person filing a request for arrest of a ship and
other persons involved shall be entitled to release the arrested ship.
Article 144. Re-arrest of
a ship for the purpose of securing a maritime claim
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a) Total value of security provided is not
sufficient to secure such property obligation if such total value is less than
value of the released ship;
b) The guarantor securing the property
obligation on behalf of the ship owner, charterer or operator fails or is
unable to meet a part or whole of the property obligation undertaken;
c) Release of a ship or cancellation of any
security measure has already been ordered upon the request of the person
submitting a claim for such arrest on sound and sufficient grounds;
d) The person submitting a claim for arrest of a
ship is not capable of preventing such release or cancellation of such security
measure even though necessary measures have been applied.
2. If there is an absence of the Court’s
judgement over arrest of the ship or the ship has escaped from the place of
arrest, such ship shall not be considered to be released from arrest, except
when the judgement over such arrest has been void or the period of arrest
according to the Court’s judgement has expired.
3. Procedures for re-arrest of a ship with an
aim of securing a maritime claim shall be similar to those for arrest thereof
in accordance with regulations laid down in this Section.
Chapter VII
CONTRACT FOR CARRIAGE OF
GOODS BY SEA
Section 1. GENERAL
PROVISIONS
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1. Contract for carriage of goods by sea refers
to an arrangement between a carrier and shipper under which the carrier is paid
freight by the charterer and uses a ship to carry goods from the port of
loading to the port of discharge.
2. Goods refer to machinery, equipment, raw
materials, bunkers, consumer goods and other movable property, including live
animals, and containers or similar articles of transport provided by the
consignor to consolidate goods carried under a contract for carriage of goods
by sea.
Article 146. Types of
contract for carriage of goods by sea
1. Bill of lading contract refers to a contract
for carriage of goods by sea concluded to include terms and conditions whereby
the carrier is not bound to provide the whole or a specified part of a ship for
the shipper, but relies on the nature, quantity, size or weight of goods for
carriage purposes.
The bill of lading contract shall be concluded
in the form agreed upon between parties.
2. Voyage charter-party refers to a contract for
carriage of goods by sea concluded to include terms and conditions whereby the
carrier is bound to provide the whole or a specified part of a ship for the
shipper with the purpose to carry goods on a voyage.
The voyage charter-party must be concluded in writing.
Article 147. Parties to
the contract for carriage of goods by sea
1. The shipper (sometimes referred to as
consignor) refers to a person who concludes on his own, or authorizes other
person to conclude the contract for carriage of goods by sea with a carrier.
For the purposes of a bill of lading contract, the shipper is called the
shipper.
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3. The actual carrier refers to a person
authorized by the carrier to perform the whole or a part of carriage of goods
by sea.
4. Consignor (sometimes referred to as shipper)
refers to a person who delivers on his own, or is entrusted by other person to
deliver goods under a contract for carriage of goods by sea.
5. Consignee refers to a person who is entitled
to receive goods in accordance with Article 162 and 187 hereof.
Article 148. Transport
document
1. Transport document includes bill of lading,
through bill of lading, sea waybill and other transport documents. Form of a
bill of lading, through bill of lading shall be issued by an enterprise and
must be sent for storage purposes to maritime state authorities.
2. Bill of lading refers to a transport document
used as evidence that the carrier has received goods of which quantity, nature
and condition are consistent with those specified in that bill of lading for
the purpose of carrying such goods to the place of discharge; evidence of
ownership of the goods which is considered as a manner of disposing of,
receiving the goods, and as evidence for a contract for carriage of goods by
sea.
3. Through bill of lading refers to a bill of
lading clearly stating that carriage of goods is performed by at least two sea
carriers.
4. Sea waybill is used as evidence that the
goods are received as aforesaid stated in a sea waybill; evidence for a
contract for carriage of goods by sea. Sea waybill is non-negotiable.
5. Other transport documents refer to any
document of which contents and value are agreed upon by the carrier and
shipper.
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1. Freight charge for a sea transportation
service refers to a sum paid to the carrier as agreed upon in a sea-carriage
contract.
Surcharge on freight charge for a sea
transportation service (if any) refers to an additional sum paid to the carrier
which is other than the freight for that sea transportation service.
2. Enterprises shall post prices of freight
charges in accordance with laws and regulations on price and surcharges on
freight charges for sea transportation service in accordance with the
Government’s regulations.
Article 150. Carrier’s
obligations
The carrier shall
be bound before and at the beginning of the voyage to exercise due diligence to
make the ship seaworthy; properly man, equip and supply the ship; make
the holds, refrigerating and cool chambers, and all other parts of the ship in
which goods are carried, fit and safe for their reception, carriage and
preservation of goods.
Article 151. Relief of the
carrier’s liabilities
1. The carrier shall be relieved from liability
for compensation for any loss of or damage to goods arising or resulting from
the ship’s unseaworthiness if all obligations referred to in Article 150 hereof
has already been fulfilled. Whenever loss or
damage has resulted from unseaworthiness the burden of proving the exercise of
due diligence shall be on the carrier.
2. The carrier shall be totally exempted from
liabilities for any loss of and damage to goods arising out of or resulting
from the followings:
a) Act, neglect or default of the master,
seafarer, pilot or the servants of the carrier in the navigation and in the
management of the ship;
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c) Perils, dangers and accidents occurring at
sea, port water area where a ship is allowed to operate;
d) Act of God;
dd) Act of war;
e) Act of infringement upon public safety and
security, unless committed by the fault of the carrier;
g) Arrest or restraint of people, or seizure
ordered by the Court or other competent authority;
h) Quarantine restrictions;
i) Act or omission of the shipper or owner of
the goods, his agent or representative;
k) Strikes or lock‑outs or stoppage or restraint
of labour from whatever cause, whether partial or general;
l) Riots and civil commotions;
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n) Wastage in bulk or weight or any other loss
or damage arising from inherent defect, quality or vice of the goods;
o) Insufficiency of packing;
p) Insufficiency or defective conditions of
marks or codes;
q) Latent defects not discoverable by the
responsible person though such person has already exercised due diligence;
r) Any other cause arising without the actual
fault or privity of the carrier, or without the actual fault or neglect of the
agents or servants of the carrier, but the burden of proof shall be on the
person claiming the benefit of this exception to show that neither the actual
fault or privity of the carrier nor the fault or neglect of the agents or
servants of the carrier contributed to the loss or damage.
3. Delay in delivery refers to goods not
delivered within an agreed period of time, or within a period of time which is
deemed sound and sufficient for the carrier, upon exercising his due diligence,
to be able to deliver goods in the event that there is no agreement on the
delivery time. The carrier shall be relieved from liabilities for any delay in
delivery of goods arising out of or resulting from the followings:
a) The ship's going off its predetermined route
if this is approved by the consignor;
b) Force majeure events;
c) Saving life or assisting other ships in
danger at sea which may threaten people’s lives;
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Article 152. Limitation of
the carrier’s liabilities
1. Where the characteristics or value of goods
has not been declared by the shipper before loading, or has not been clarified
in the bill of lading, sea waybill or other transport document, the carrier
shall only be liable for compensation for any loss of or damage to goods or
other loss of goods within the maximum limit equivalent to 666.67 units of
account per each package or other shipping unit or 2 units of account per
kilogram of gross weight of the goods lost or damaged, whichever is the higher.
Unit of measurement referred to in this Code is
the Special Drawing Right as defined by the International Monetary Fund.
The amount of compensation is to be converted
into the national currency of Vietnam according to the value of such currency
at the date of award of compensation.
2. When goods are consolidated in or on a
container or similar article of transport, each package or shipping unit
enumerated in bills of lading, or consolidated in that article of transport, is
deemed 01 package or 01 shipping unit referred to in paragraph 1 of this
Article. If not so enumerated, such container or article of transport is deemed
01 package or 01 shipping unit.
3. Where the nature and value of such goods have
been declared by the shipper before shipment and accepted by the carrier and
embodied in a transport document, the carrier shall be liable for any loss or
damage to or in connection with goods by reference to such value according to
the following rules:
a) With respect to goods which have been lost,
the value of compensation is equal to the declared value;
b) With respect to goods which have been damaged,
the value of compensation is equal to the difference between the declared value
and the remaining value of goods damaged.
The remaining value of goods is determined by
reference to the market price defined at the time and place when/where
discharge of goods took place or should have taken place; if not so determined,
the market price defined at the time and place when/where loading of goods took
place with the addition of the cost of transport of such goods to the port of
discharge serves as the basis for determination of such remaining value.
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Article 153. Loss of
benefit of limitation of the carrier's liabilities
1. The carrier is not entitled to the benefit of
the limitation of liability provided for in Article 152 if it is proved that
the loss, damage or delay in delivery resulted from an act or omission of the
carrier done with the intent to cause such loss, damage or delay, or recklessly
and with knowledge that such loss, damage or delay would probably result.
2. A servant or agent of the carrier is not
entitled to the benefit of the limitation of liability provided for in this
Section if it is proved that the loss, damage or delay in delivery resulted
from an act or omission of such servant or agent, done with the intent to cause
such loss, damage or delay, or recklessly and with knowledge that such loss,
damage or delay would probably result.
Article 154. Shipper’s
obligations
1. The shipper must ensure that goods meet stipulated
conditions of packing or marking. Unless such conditions are met, the carrier
shall have the right to refuse to load goods on board a ship.
2. The shipper must provide the carrier in a
timely manner with necessary documents and instructions related to goods of an
inflammable, explosive nature or others of dangerous nature, or those subject
to special handling, transportation, preservation and discharge methods.
The shipper shall be liable for compensation for
any loss arising out of delayed provision or provision of inaccurate or invalid
necessary documents and instructions.
3. The shipper shall be held liability to the
carrier, passengers, seafarers and other owners of goods for any loss resulting
from either intentional or accidental misstatement or misrepresentation of
information about goods if the carrier has proven that such loss arises out of
the default of the shipper.
Article 155. Carriage of
dangerous goods
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The shipper shall be held liable for any loss
incurred.
2. Where the carrier has consented to load
dangerous goods on board the ship and, despite prior notification or
recognition of the dangerous nature or characters of such goods with his
general professional knowledge and implementation of preservation measures in
accordance with laws and regulations, where such goods pose a threat to safety
for the ship, people and cargoes onboard the ship, the carrier shall be
entitled to deal with such situation in accordance with paragraph 1 of this
Article. In this case, the carrier shall be liable for any loss arising out of
such situation according to the rules regarding general average and shall only
be allowed to collect the freight charge calculated on the basis of actual
distance that the ship has traveled.
The freight charge calculated on the basis of
actual distance refers to the freight charge calculated based on the ratio of
the actual shipping distance of goods to total shipping distance agreed upon in
the contract, and the ratio of expenses, time spent, usual risks or
difficulties relating to the shipping distance that has been traveled to the
remaining shipping distance.
Article 156. Relief of the
shipper’s liabilities
The shipper shall be relived from liabilities
for compensation for any loss or damage suffered by the carrier or the ship if
it is established that such loss or damage arises through no fault of the
shipper, the servant or agent of the shipper.
Article 157. Payment of
freight charge
1. Upon receiving goods, the consignee must pay
the carrier the freight charge and other costs specified in the transport
document if such sum of freight charge has yet to be prepaid.
2. The carrier shall have the right to refuse to
deliver goods and be entitled to assert the lien over goods in the event that
the shipper and consignee have yet to pay a full amount of debts or to be
provided with sound and sufficient guarantee.
Such debts shall be inclusive of the freight,
other charges referred to in paragraph 1 of this Article and contributions to
any general average, and distributed salvage remunerations for goods.
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Article 158. Freight in
case of loss of or damage to goods
1. Where goods are lost or damaged during the
ship voyage due to any cause, the freight payable to carry such goods by sea
shall not be charged; if it is already collected, then it must be returned.
Where goods are salvaged or returned, and unless the person who have interests
in such goods gain benefits generated by the shipping distance at which such
goods have been carried by the ship, the carrier shall only be allowed to
collect the freight payable to carry goods at an actual shipping distance.
2. Where goods are damaged or lost due to
particular attributes, or goods are live animals which died during
transportation, the carrier shall be entitled to collect a full amount of
freight.
Article 159. Issue of bill
of lading
1. The carrier must, on demand of the shipper,
issue to the shipper a bill of lading.
2. Bill of lading may be signed and issued in
the following forms:
a) The bill of lading that clearly specifies the
consignee’s name, called nominative bill of lading;
b) The bill of lading that clearly specifies
name of the shipper or the persons designated by the shipper to issue the order
for delivery of the goods, called order bill of lading;
c) The bill of lading on which the name of the
consignee or the person issuing the order for delivery of the goods is not
clearly specified, called anonymous bill of lading.
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Article 160. Contents of
bill of lading
1. The bill of lading must include, inter alia,
the following particulars:
a) The name and principal place of business of
the carrier;
b) The name of the shipper;
c) The name of the consignee, or statement that the
bill of lading is issued in the form of an order or anonymous bill of lading;
d) The name of the ship;
dd) The name of the goods, description of
nature, size, volume, number of pieces, weight or value of the goods whenever
necessary;
e) Description of external or packaging
conditions;
g) Mark or sign for identification of the goods
of which a written notification is issued by the shipper prior to loading of
the goods on board, and which are mounted on each piece or package of piece of
goods;
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i) Place of receipt and port of loading;
k) Port of discharge or indication of the time
when and place where the port of discharge is designated;
l) The number of originals of the bill of lading
issued to the shipper;
m) The time and place of issue of the bill of
lading;
n) The signature of the carrier or master or a
person acting on the carrier’s behalf.
The absence in the bill of lading of one or more
particulars referred to in this paragraph does not affect its legal character
provided that it nevertheless meets the requirements set out in Article 148.
2. Where the carrier’s name is not specified in
the bill of lading, the ship owner shall be deemed the carrier. Where the bill
of lading issued as per paragraph 1 of this Article contains inaccurate and
fraudulent particulars about the carrier, the ship owner shall be liable for
any compensation for any loss arising and shall be then accorded the right to
request the carrier’s reimbursement.
Article 161. Insertion in
bill of lading
1. The carrier shall be entitled to insert his
remarks in the bill of lading if there is any suspicion as to external or
packaging conditions.
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3. The carrier shall be entitled to refuse to
note on the bill of lading marks, signs of the goods if they have yet to be
inscribed on each parcel or package and ensure easy visibility at the end of a
voyage.
4. Where the goods are packed before being
delivered to the carrier, the carrier shall be entitled to note on the bill of
lading that internal contents are not known.
5. The carrier shall not be liable for
compensation for any loss of or damage to the goods or any loss concerning the
goods under every circumstance, if the shipper has wilfully misrepresented
particulars about the nature and value of the goods during the process of
loading goods and such wrongfully declared particulars have been inserted into
the bill of lading.
Article 162. Transfer of
bill of lading
1. The order bill of lading is transferred by endorsement.
The last signer vested the right to issue the order for delivery of goods in
the order bill of lading is the legitimate consignee of the goods.
2. The anonymous bill of lading is transferred
by the carrier’s handing over such bill of lading to the transferee. The person
who shows the anonymous bill of lading is the legitimate receiver of the goods.
3. The nominative bill of lading shall not be
transferred. The person whose name is borne in the nominative bill of lading is
the legal receiver of the goods.
Article 163. Transport
documents other than bills of lading
The shipper of goods may agree with the carrier
on replacement of the bill of lading by the sea waybill or other transport
document, and on contents or value thereof in accordance with international
shipping terms.
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Regulations set forth in this Code on bills of
lading shall be applied to the through bill of lading signed and issued by the
carrier, unless otherwise stipulated by laws and regulations.
Article 165. The carrier’s
right to dispose of goods
1. The shipper shall be accorded the right to
dispose of goods until the goods are received by the legal consignee, if such right
has yet to be transferred to other person; discharge the goods before the ship
starts its voyage, change the consignee or the discharge port after the voyage
has started on condition that the shipper compensates for every loss or damage
and related costs. The carrier shall only be obliged to fulfill the shipper’s
requirements after recalling all of issued bills of lading.
2. Rights referred to in paragraph 1 of this
Article shall not be applied if exercise of such rights may lead to any
significant delay for the start of a voyage, unless otherwise approved by the
carrier.
Article 166. Obligations
to discharge goods
When the ship arrives at the port of discharge,
the carrier shall be obliged to deliver the goods to the legal consignee if
that consignee shows the original bill of lading, sea waybill or other
transport document to take delivery of such goods as referred to in Article 162
hereof. After the goods have been discharged, the remaining transport document
shall become void.
Article 167. Treatment of
retained goods
1. If the consignee does not receive, refuse to
receive or delay receiving, the goods, the carrier shall be entitled to
discharge the goods and send them to be stored in a safe and appropriate place
and notify the shipper of this. The consignee shall be held liable for all
costs and loss or damage incurred.
2. The carrier shall be accorded the right which
is exercised in accordance with regulations set forth in paragraph 1 of this
Article if there are different people concurrently presenting the bill of
lading, through bill of lading, sea waybill or other transport document which
has the same value to receive the goods.
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4. Within 60 days from the date of the ship's
arrival at the port of discharge, if nobody takes delivery of the goods or the consignee
fails to pay all of debts or provide necessary guarantees, the carrier shall be
entitled to auction such goods for debt repayment purposes; if the goods are
perishable or sending them to a safekeeping place as mentioned above is too
costly in comparison with the actual value of the goods, the carrier may
auction such goods by the agreed deadline.
The carrier shall be obliged to notify the
shipper of cases stipulated in paragraph 1, 2 and 4 of this Article and the
intention to sell the goods for debt repayment in accordance with regulations
laid down in this paragraph.
5. The treatment of goods retained at a
Vietnam's port as referred to in regulations laid down in this Article and
other kinds of goods which are stagnant at the port shall be consistent with
the Government's regulations.
Article 168. Sum earned
from the auctioning of goods
1. After being spent on repayment of debts owed
to the consignee, costs relating to sending of goods for safekeeping purposes
and auctioning of the goods as referred to in Article 167 hereof, the remaining
sum must be deposited in a bank account to pay such sum to the person entitled
to such sum.
2. Where the sum obtained from such auctioning
is not adequate to pay the aforesaid amounts stated in paragraph 1 of this
Article, the carrier shall be entitled to continue to request persons concerned
to pay such amounts in full.
3. Within a period of 180 days from the
auctioning of goods, if nobody claims that remaining sum, it shall be subject
to the state expropriation.
Article 169. Statute of
limitation for submission of a claim on loss of and damage to goods
The statute of limitation for submission of a
claim on loss of and damage to the goods shall be 01 year from the date of
discharge of the goods or the date on which the goods should have been
delivered to the consignee.
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Article 170. Time of
incurrence and termination of the carrier’s liabilities
1. The carrier’s liabilities shall be incurred
from the time when the carrier receives goods at the port of loading,
maintained during the process of carriage and terminated at the time when the
unloading of goods occurring at the port of loading has finished.
2. The reception of goods shall begin from the
time when the carrier received goods from the shipper, competent authority or
third party in accordance with laws or regulations set out in the port of
loading.
3. The discharge of goods shall be terminated
under the following circumstances:
a) The carrier has completed the delivery of
goods to the consignee; unless the consignee directly receives the goods from
the carrier, such termination shall happen in the form of discharge of goods as
requested by the consignee in accordance with the contract, laws or commercial
terms that prevail at the port of discharge;
b) The carrier has completed delivery of goods
to a competent authority or third party in accordance with laws or regulations
prevailing at the port of discharge.
4. Parties to the bill of lading contract shall
only be entitled to agree on reduction in the carrier's liabilities for the
following cases:
a) The interval between the time of reception of
goods and the time prior to the time of loading of goods on board the ship, and
the interval between the time when discharge of the goods finishes and the time
when delivery of the goods is completed;
b) Carriage of live animals;
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Article 171. Obligations
of the carrier of goods under the bill of lading contract
Notwithstanding Article 150 hereof, the carrier
carrying goods under the bill of lading contract shall take on the following
obligations:
1. Bear responsibility for loading and unloading
of goods in a careful and appropriate manner, and carefully preserve goods
during the carriage process;
2. Notify the shipper of the place of loading of
goods onboard the ship, the time when the ship is ready for reception of goods
and the permitted duration of storage of goods in a timely manner. This
notification is not applied to liners, except when there is any change to the
ship schedule.
Article 172. Deck cargo
The carrier is entitled to carry the goods on
deck only if such carriage is
Article 173. Liability of
the carrier, actual carrier, servant and agent
1. Where the performance of the carriage or part
thereof has been entrusted to an actual carrier, the carrier nevertheless
remains responsible for the entire carriage according to the provisions of this
Section The carrier is responsible, in relation to the carriage performed by
the actual carrier, for acts performed by the actual carrier and his servants
and agents acting within the scope of their employment.
2. The actual carrier, his servants or agents
may be entitled to rights relating to the carrier’s liabilities referred to in
this Chapter during the time when the goods are put under their supervision and
when these persons participate in any act defined in the contract of carriage.
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4. Where and to the extent that both the carrier
and the actual carrier are liable, their liability is joint and several.
5. The aggregate of the amounts recoverable from
the carrier, the actual carrier and his servants and agents shall not exceed
the limits of liability provided for in this Section.
Article 174. Inspection
and notice of loss, damage or delay in delivery of goods
1. The consignee, prior to taking delivery of
goods at the port of discharge, or the carrier, prior to delivering goods at
the port of discharge, may request an inspection authority to inspect the
goods. The applicant for inspection shall be liable for inspection costs and be
entitled to recover such costs from the party at fault.
2. The carrier is
presumed to have delivered the goods according to their description in the bill
of lading, sea waybill or other transport document unless notice of loss of or
damage to the goods was given in writing to the carrier within 03 days from the
date of reception of the goods, if any apparent loss of or damage to the goods
was discovered; in respect of the goods which have been inspected under the
provisions of paragraph 1 of this Article, a written notice thereof is not
required.
Any agreement inconsistent with provisions laid
down in this paragraph is considered invalid.
3. The consignee may give a notice of loss of
goods unless the goods have not been received within 60 consecutive days after
the day when the goods should have been handed over to him as agreed upon in
the contract.
4. No compensation shall be payable for loss
resulting from delay in delivery unless a notice has been given in writing to
the carrier within 60 consecutive days after the day when the goods should have
been handed over to the consignee as agreed upon in the contract.
Section 3. VOYAGE
CHARTER-PARTY
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The carrier is bound to use the ship agreed to
in the contract to carry goods, except when the shipper agrees with the carrier
to replace the designated ship by other ship.
Article 176. Transfer of
rights in the voyage charter-party
The shipper may transfer his contractual rights
to the third party in the absence of the carrier's consent but remains
responsible for executing the signed contract.
Article 177. Issue of
bills of lading in the voyage charter-party
Where the bill of lading is signed and issued
according to the voyage charter-party and the holder of the bill of lading is
not the shipper, rights and obligations of the carrier and the holder of the
bill of lading shall be regulated by terms and conditions specified in that
bill of lading; if terms and conditions of this charter-party have been
inserted into the bill of lading, these terms and conditions shall prevail.
Article 178. Port of
loading and place of receipt
1. The carrier is bound to maneuver the ship to
the port of loading to get it ready to receive goods at the time and place
agreed upon in the contract; hold the ship at the place of receipt according to
terms and conditions of the contract of carriage.
2. The carrier shall maneuver the ship to the
place of receipt designated by the shipper. The place of receipt must be safe,
sound and is not exposed to any difficulty in the ship’s arrival, departure and
stay along with goods. In the absence of consent between different shippers to
the place of receipt or clear designation of the place of receipt of goods by
the shipper, the carrier shall maneuver the ship to the location which is
deemed the place of receipt in accordance with the prevailing local rules.
3. In the absence of any specific agreement on
the place of receipt located at the port of loading, the carrier shall maneuver
the ship to the location which is deemed the place of receipt according to the
prevailing local rules.
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Article 179. Laytime for
loading of goods
1. The laytime for loading of goods is agreed
upon in the voyage charter-party. If not so agreed upon, the local rules shall
prevail.
2. The intermission incurred by the shipper, the
time of change of the place of receipt requested by the shipper shall be
included in the period of loading of goods.
3. The intermission incurred by the carrier or
due to force majeure or weather conditions affecting the loading of goods
according to accepted technical standards or likely to pose dangers to loading
of the goods shall not be included in the period of loading of the goods.
4. The shipper may agree with the carrier to pay
despatch for loading of goods prior to laytime, or pay demurrage for loading of
goods after laytime.
Article 180. Demurrage
period
1. Parties to the charter-party may enter into
an agreement on the extended laytime allowed as referred to in Article 179
hereof (hereinafter referred to as extended laytime). In the absence of
specific regulations on the amount of days, hours in the charter-party, the
extended laytime shall be determined by parties involved in accordance with the
local rules.
2. The demurrage sum is agreed upon in the
charter-party. If not so agreed upon, the local rules shall prevail. In the
absence of the local rules, this demurrage shall be determined on the basis of
total actual expense for maintenance of the ship and crew members within the
demurrage period.
3. The period during which the ship must be
retained at the port of loading after laytime and the demurrage period incurred
by the charterer are called the demurrage period. The carrier shall be entitled
to claim for compensation for any loss or damage arising out of such demurrage.
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1. The carrier shall be obliged to notify in
writing the shipper of the ship's arrival at the port of loading and readiness
for loading of the goods (hereinafter referred to as notice of readiness).
2. Effective date and hour of the notice of
readiness is agreed upon between contracting parties. If not so agreed upon,
the local rules shall prevail.
3. The carrier shall be liable for compensation
for any loss or damage arising out of inconsistency of contents of such notice
of readiness with factual information at the time when the shipper received
this notice.
Article 182. Replacement
of goods
1. The shipper shall be entitled to replace the
goods specified in the contract of carriage by the goods of similar nature
unless this replacement causes any impact on interests of the carrier and other
shipper.
2. Freight charged for carriage of such
replacement goods shall not be less than the agreed-upon freight charged for
carriage of replaced goods.
Article 183. Loading and
stowage of goods aboard a ship
1. Goods must be stowed on board the ship
according to the stowage plan decided by the ship master. The stowage of goods
on board the ship must be approved by the shipper in writing.
2. The carrier is obliged to exercise due
diligence for the loading, handling, stowing, lashing and securing of goods on
board the ship. All related costs shall be agreed upon by both contracting
parties.
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1. The carrier shall be entitled to allow the
ship to leave the port of loading after laytime for loading of goods and
extended laytime agreed upon in the voyage charter-party which has been
completed, regardless of whether the whole or a part of contractual goods is
loaded on board the ship due to causes attributable to the shipper. In this
case, the carrier shall be entitled to a full amount of freight, including the
freight charged for carriage of the goods which have not been loaded on board
the ship.
2. In the event of leasing the whole of the
ship, the carrier shall be entitled to collect a full amount of freight
provided that he fulfills the following requirements set out by the shipper:
a) Start the voyage before the allowed period of
time;
b) Load all of the goods stored at the place of
receipt. After extended laytime expires, if loading of such goods may lead to
the demurrage period of less than 14 days, his right to collect such full
amount of freight remains unchanged under the provisions of paragraph 3 Article
180 hereof.
3. In the event of leasing a part of the ship,
the carrier shall be entitled to collect a full amount of freight and refuse to
load the goods which arrived after agreed-upon laytime or extended laytime due
to causes attributable to the shipper.
Article 185. Shipping
route and time
1. The carrier shall be bound to carry goods
within an appropriate time and on the right route agreed upon in the contract
of carriage, or on the usual route unless otherwise entered into in the
contract of carriage.
2. The carrier is not considered breach of the
contract if he steers the ship off the predetermined course to save people in
distress at sea, or has other reasonable grounds for his act. The carrier shall
be discharged from liability for compensation for any loss or damage arising
out of the ship’s going off the predetermined course in this situation.
Article 186. Replacement
port
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2. In respect of leasing of a whole ship,
depending on specific conditions, the ship master must make a request for the
order for the ship to arrive at the replacement port and act in compliance with
the order from the shipper; if it is impossible for the ship master to carry
out the shipper’s order, or there is none of the shipper’s order received after
a proper waiting time, the ship master may discharge the goods from the ship or
carry such goods back to the port of loading at his discretion to the extent
that the shipper’s right is duly protected. The shipper must pay the carrier
freight based on the actual distance and related costs.
3. In case of leasing of a part of the ship, the
ship master shall have the similar right to act as referred to in paragraph 1
of this Article if, after 05 days from the date of request for the shipper’s
order, he has not received any order of the shipper, or if the ship master
finds it is impossible for him to carry out this order. The shipper must pay
the carrier a full amount of freight and related costs.
Article 187. Discharge and
delivery of goods
1. The discharge of goods is decided by the ship
master. The carrier is obliged to carry out the discharge of goods in the
manner of due diligence.
2. The shipper shall be accorded the right to
dispose of goods until the goods are delivered to the legal consignee, if such
right has yet to be transferred to other person; request unloading of the goods
before the ship starts its voyage, change the consignee or the port of
discharge after the voyage has started to the extent that the charterer is
liable for compensation for every loss or damage and related costs.
3. Rights referred to in paragraph 2 of this
Article shall not be applied if exercise of such rights may lead to any
substantial delay for the start of a voyage, unless otherwise approved by the
carrier.
Article 188. Freight
charged for shipping service
1. Where the goods are loaded on board the ship
in excess of an agreed tonnage stated in the contract of carriage, the carrier
shall only be entitled to collect the agreed-upon freight charged for carriage
of such goods.
2. With regard to undeclared goods loaded onto a
ship, the carrier shall be entitled to collect double freight charged for
carriage of the goods from the port of loading to the port of discharge and
claim compensation for any loss or damage arising out of stowage of the
unauthorized goods on board the ship. The carrier shall be entitled to
discharge such undeclared goods at any port whenever necessary.
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Article 189. Payment of
freight for carriage, charge for storage of goods, and handling of sums earned
from auctioning of goods
Regulations on payment of freight for carriage
of goods, handling of retained goods and sum earned from auctioning of the
goods as referred to in Article 157, 158, 167 and 168 hereof shall be applied
similarly to carriage of goods under the voyage charter-party.
Article 190. The shipper’s
right to terminate the charter-party
1. The shipper shall be accorded the right to
terminate the charter-party under the following circumstances:
a) The carrier fails to maneuver the ship to the
place of receipt at an agreed time, and cause a delay in loading of goods or
commencement of a voyage; in this case, the shipper shall be entitled to make a
claim for compensation for any arising loss or damage;
b) If the goods have been completely loaded but
the ship has yet to start its voyage, or the ship is underway at sea, the
shipper is accorded the right to request discharge of the goods and obliged to
pay a full amount of freight charged for carriage of goods and related costs to
the carrier.
2. The carrier shall be entitled to refuse to
comply with the shipper’s request for discharge of the goods as referred to in
subparagraph b paragraph 1 of this Article whereas such discharge of goods
causes a delay in the ship voyage or affects other interested parties due to
any change made to the predetermined schedule.
3. In case of hiring of the entire ship, the
shipper shall be entitled to terminate the contract of carriage prior to the
ship's commencement of its voyage but would be liable for any relevant costs,
and depending on the time when such termination occurs, for freight charged for
carriage of goods according to the following rules:
a) Paying half of freight, in case of
termination of the contract taking place prior to calculation of laytime for
loading of goods;
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c) Paying a full amount of freight for the whole
voyage prior to commencement of which the shipper terminates the charter-party
plus half of freight charged for all of the successive voyages if the
charter-party is binding on multiple voyages.
4. Where the shipper terminates the
charter-party according to the provisions of paragraph 3 of this Article, the
carrier is obliged to retain the ship at the place of receipt until the goods
are completely discharged even though such retention may lead to an excess of
laytime for loading of the goods and permitted extended laytime.
5. In case of hiring of a part of the ship, the
shipper shall be entitled to terminate the charter-party and pay compensation
for related costs, and depending on the time when such termination occurs, for
freight charged for carriage of goods according to the following rules:
a) Paying half of freight, in case of
termination of the charter-party taking place after the permitted period of
storing the goods as agreed upon in that charter-party;
b) Paying a full amount of freight, in case of
termination of the charter-party taking place when the ship is on its voyage.
Article 191. The carrier’s
right to terminate the charter-party
The carrier shall be accorded the right to
terminate the charter-party prior to commencement of a voyage unless the number
of goods loaded on board the ship is consistent with the agreed amount and
total value of such goods is adequate to cover freight charged for carriage of
goods and goods-related costs that the carrier must pay, except if the shipper
has paid a full amount of freight or provided necessary guarantees. The shipper
is bound to pay costs relating to discharge and half of agreed-upon freight.
Article 192. Termination
of the charter-party without payment of compensation
1. Contracting parties shall be entitled to
terminate a charter-party without being liable for any compensation to the
extent that, prior to the ship's leaving the place of receipt, one of the
following events occurs:
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b) The ship is arrested or temporarily detained
under the decision of the competent authority through no fault of contracting
parties;
c) The ship is requisitioned by the Government;
d) The order to prohibit movement of the goods
out of the port of loading or to the port of discharge is in effect.
2. The terminating party referred to in paragraph
1 of this Article shall be liable for costs incurred from discharge of the
goods.
3. Parties shall be entitled to terminate a
charter-party if any event referred to in paragraph 1 of this Article happens
during the ship’s voyage; in this case, the shipper is obliged to pay freight
charged for carriage of the goods on the basis of the actual distance and costs
incurred from discharge of the goods.
Article 193. Automatic
termination of the charter-party
1. The charter-party shall be automatically
terminated and contracting parties shall not be liable for compensation for any
loss or damage if, after the charter-party is concluded and before the ship
leaves the place of receipt, none of contracting parties is considered at fault
in the following cases:
a) The ship designated in the charter-party is
wrecked, sunken, missing or extorted;
b) The goods specified in the charter-party are
lost;
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2. Where the ship is underway at sea and is
faced with events defined in paragraph 1 of this Article, the carrier shall
only be entitled to collect freight calculated on the basis of the actual
distance; if the ship is subject to any loss or damage but goods on board the
ship is saved or retrieved, the carrier shall be entitled to collect freight
charged for carriage of the goods calculated on the basis of the actual
distance at which such goods have been carried.
Article 194. Preservation
of goods upon termination of the charter-party
When the contract is terminated according to the
provisions of this Section, the carrier remains bound to preserve the goods
till delivery of such goods to the authorized consignee, except for the cases
referred to in subparagraph 1 and b paragraph 1 Article 193 hereof.
Article 195. Statute of
limitation for submission of a claim regarding execution of the voyage
charter-party
The statute of limitation for submission of a
claim regarding execution of the voyage charter-party is 02 years from the date
on which the claimant is aware or must have been aware that his interests are
contravened.
Section 4. MULTIMODAL
TRANSPORT CONTRACT
Article 196. Multimodal
transport contract
1. Multimodal transport contract refers to the
contract entered into between the consignor and multimodal transport dealer
whereby the multimodal transport dealer undertakes to carry goods to collect
charge for rendering of the entire process of transportation of goods from the
place of receipt to the place of delivery to the consignee via at least two
modes of transport, including the transport by sea.
2. Multimodal transport dealer refers to a
person who concludes by himself, or authorizes other person to conclude the
multimodal transport contract with the consignor.
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4. Multimodal transport document refers to
evidence for the multimodal transport contract to certify that the multimodal
transport dealer receives and transports goods as well as undertakes to deliver
goods under contractual terms and conditions.
Article 197. Liabilities
of the multimodal transport dealer
1. Multimodal transport dealer shall be held
liable for goods under the multimodal transport contract from the date of
loading of goods to the date of discharge of goods.
2. The multimodal transport dealer can sign
separate contracts with specific carriers operating modes of transport under
which liabilities of each contracting party for each mode of transportation
must be specified. These separate contracts shall not cause any impact on
liabilities of the multimodal transport dealer for the whole process of
transportation.
Article 198. Limitation of
liabilities of the multimodal transport dealer
1. Where goods carried by a single mode of
transport are lost or damaged during the whole process of transportation,
equivalent laws and regulations governing such mode of transport in the
multimodal transport process shall be applied to liabilities and limitation of
liabilities of the multimodal transport dealer.
2. Where determining which mode of transport causes
loss of or damage to the goods is impossible, the multimodal transport dealer
shall be liable for compensation in accordance with regulations on relief from
and limitation of liabilities of the carrier laid down in Article 151 and 152
hereof.
Article 199. Provisions on
multimodal transport
The Government shall adopt detailed provisions
on multimodal transport.
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CONTRACT FOR CARRIAGE OF
PASSENGERS AND BAGGAGE BY SEA
Article 200. Carriage of
passengers and baggage
1. Contract for carriage of passengers and
baggage by sea refers to the contract entered into between the carrier and the
passenger under which the carrier employs the ship to carry this passenger and
his baggage from the port of departure to the port of arrival and collect remuneration
for such carriage and freight for carriage of baggage paid by that passenger.
2. Carrier refers to a person who concludes by
himself, or authorizes other person to conclude the contract for carriage of
passengers and baggage by sea with passengers.
3. Actual carrier refers to a person entrusted
by the carrier to perform the whole or a part of carriage of passengers and
baggage by sea.
4. Passenger refers to a person carried on board
the ship under the contract for carriage of passengers, or a person permitted
by the carrier to take his live animals or means of transport on board the ship
under the contract for carriage of goods.
5. Luggage refers to articles or means of
transport carried under the contract for carriage of passengers by sea, except
for the following cases:
a) Articles and means of transport carried under
the contract for carriage of goods
b) Live animals.
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Article 201. Document on
carriage of passengers and baggage
1. Document on carriage of passengers and
baggage includes:
a) Ship pass or ticket refers to evidence to
show that a contract for carriage of passengers has been concluded;
b) Baggage claim form refers to evidence to show
that a passenger’s baggage has been consigned to the ship.
2. The carrier shall be entitled to replace a
ship pass by an equivalent document in the event that a passenger is carried by
a ship other than a dedicated passenger ship.
3. The carrier shall provide fare exemption,
reduction, priority and pass return policies and freight charged for carriage
of baggage.
Article 202. Rights and
obligations of passengers
1. A passenger shall be entitled to rights and benefits
associated with class-specific tickets and shall not be liable for charge for
carriage of hand baggage of which weight and category is governed by
regulations set out by the carrier.
2. A passenger is obliged to submit to the ship
master’s commands, observe rules and regulations or instructions on board the
ship and comply with directions of responsible officers and seafarers.
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Article 203. Carrier’s
obligations and rights
1. The carrier is obliged to exercise due
diligence to ensure the ship's seaworthiness including requirements relating to
crew members, necessary equipment and supplies which must be satisfied from the
start of voyage and through the entire transportation process to the port of
arrival.
2. The carrier is bound to devotedly take care
of and protect passengers and their baggage from the time when passengers are
received on board the ship to the time when passengers and their baggage have
left the ship at the port of arrival in a safe manner; pay all expenses
incurred from picking up, providing passengers with meals and drinks as well as
daily services in certain special case in which unexpected events occur during
the ship voyage.
3. The carrier is bound to buy insurance in
respect of his civil liability for passengers.
4. The carrier shall be vested with the right to
refuse to perform the contract of carriage without having to be liable for any
compensation on condition that one of the following events occurs:
a) Wars or other events may lead to any threat
of arrest of the ship.
b) The port of departure or arrival is declared
subject to blockade;
c) The ship is arrested or temporarily detained
under the decision of the competent authority through no fault of contracting
parties;
d) The ship is requisitioned by the Government;
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5. Where the carrier refuses to perform the
contract of carriage according to the provisions of paragraph 4 of this Article
prior to departure, he is obliged to refund the ticket cost and freight rate
charged for carriage of baggage to passengers.
Where the ship has already been departed, the
carrier shall be bound to refund passengers a part of ticket cost based on the
ratio of such ticket cost to the travel distance which has not been covered;
concurrently, shall be obliged to carry passengers back to the port of
departure at his own expense or pay an equivalent sum of compensation to
passengers.
6. Where a passenger fails to get on board the
ship within the stipulated time, even though the ship enters into a port during
voyage, the carrier shall be entitled to refund the ticket cost which has been
paid.
7. The carrier shall be accorded the right to
delay the departure time, change the ship route, port of embarkation or
disembarkation in the event that sanitary and phytosanitary conditions existing
at the place of departure, arrival or along the transportation route are not
favorable, and any other situation arises beyond his control. Contingent on the
request of passengers, the carrier shall be liable for costs incurred by
carrying passengers back to the port of embarkation or compensation paid
passengers for actual reasonable loss.
8. Provisions set forth in paragraph 7 of this
Article shall not limit passengers’ rights to refuse to perform the contract of
carriage.
Article 204. Liability of
the carrier and actual carrier in carriage of passengers
Liabilities of the carrier and actual carrier in
carriage of passengers by sea shall be governed under regulations laid down in
Article 173 hereof.
Article 205. Discharge of
the carrier’s liabilities for arrest of passengers
The carrier shall be relieved of liabilities for
any passenger’s being arrested by the competent authority of the port where the
ship enters during the period of voyage through their own fault.
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1. Stowaway refers to the person who has
embarked onboard the ship when that ship stays at the port or the location
within the port boundary without consent from the carrier, ship master or the
responsible person and continues to stay on board the ship after the ship's
departure from the port or the location within the port boundary.
2. Stowaways shall be obliged to pay a full
amount of charge for the distance within which they have carried and a sum of
fine which is equal to such charge payable.
3. The ship master shall be vested with
authority to force such stowaways to disembark from the ship or get onto
another ship to return them to the port where they got on board the ship and
notify competent regulatory agencies of their name, age and nationality of
these stowaways, the place of their embarkation and their hiding place on board
the ship.
4. Where stowaways are allowed to continue their
trip, they must buy tickets and have rights and obligations which are similar
to these of other passengers.
Article 207. Carrier’s
liabilities for compensation for loss or damage
1. The carrier shall be charged with liabilities
for compensation for any loss or damage arising out of passenger’s death,
injury or other harm to health and lost or damaged baggage in the event that
incidents leading to such loss or damage during journey are at the fault of the
carrier, his servants or agents and occur within the scope of his assigned
duties.
Fault of the carrier, his servants or agents is
deemed obvious, except when they manage to prove that passenger's death, injury
or suffering from other harm to passenger’s health or loss of or damage to
their hand luggage is resulted from ship collision, wreck, destruction,
stranding, explosion, fire, any defect or latent defects.
Fault of the carrier, his servants or agents is
deemed obvious, except when they manage to prove that loss of or damage to
other kinds of baggage is not attributable to causes to produce such loss or
damage.
In other circumstances, the burden of proof of
fault shall lay on the claimant.
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Article 208. Process of
carrying passengers and baggage
1. The process of carrying passengers by sea
starts from the embarkation of these passengers on board the ship and ends
after the disembarkation of these passengers from the ship, including carriage
of passengers from the mainland to the ship and in opposite direction on
condition that the charge for such carriage has been included in the ship fare.
2. The process of carrying passenger’s hand
baggage shall be subject to regulations similar to those laid down in paragraph
1 of this Article. The process of carrying baggage, except hand baggage, starts
from the time when the carrier, his servants or agents receive such baggage at
the port of passenger embarkation and ends after the delivery of such baggage
to passengers at the port of passenger disembarkation.
Article 209. Limitation of
liabilities of the carrier of passengers and baggage
1. The liability of the carrier for the circumstance
of a passenger’s death, injury or other health-related damage shall not exceed
46,666 units of account per a contract of passenger and baggage carriage
whereby total compensation amount is not allowed to exceed 25,000,000 units of
account; in respect of circumstances under which the Court has judged that
payment of such compensation is made on a periodic basis, this total
compensation amount does not exceed limits referred to in this paragraph.
2. The liability of the carrier for loss of or
damage to hand baggage is limited to an amount of 833 units of account per a
passenger under a contract for carriage of passenger and baggage.
3. The liability of the carrier for loss of or
damage to a shipping unit including all of baggage carried thereon is limited
to an amount of 3,333 units of account per a shipping unit under a contract for
carriage of passenger and baggage.
4. The liability of the carrier for loss of or
damage to baggage types other than those defined in paragraph 2 and 3 of this
Article is limited to an amount of 1,200 units of account per a passenger under
a contract for carriage of passenger and baggage.
5. The carrier and passenger may enter into a
negotiation on reducing the liability of the carrier by an amount which is
limited to 117 units of account in the event of damage to a shipping unit and
to 13 units of account per a passenger in the event of loss of or damage to
other types of baggage.
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1. The carrier is not entitled to the right of
the limitation of liability provided for in Article 209 hereof if it is proved
that the loss, damage is resulted from an act or omission of the carrier done
with the intent to cause such loss, damage, or recklessly and with knowledge
that such loss, damage would probably result.
2. Regulations set forth in paragraph 1 of this
Article shall be applied similarly to the carrier's servants or agents.
Article 211. Loss of or
damage to precious articles or valuable property
The carrier shall be liable for compensating for
loss of or damage to precious articles, money, valuable papers, art pieces and
other valuable property provided that the passenger has already notified the
ship master or officer charged with taking care of baggage of the nature and
value thereof for safekeeping purposes.
Article 212. Baggage
detention
1. The carrier shall be vested with the right of
detention of baggage of a passenger if that passenger has yet to pay a full
amount of debts to secure his legitimate benefits until such passenger fulfills
his debt obligations or provides sound and sufficient security.
2. The carrier shall be vested with the right to
unload unclaimed baggage on to the shore, send them to be kept in the safe and
appropriate place and notify the passenger or his authorized person of this.
Every cost and fee incurred shall be covered by the passenger.
Article 213. Notification
of loss of or damage to baggage
1. Passengers must notify in writing the carrier
or his agents of any loss of or damage to their baggage under the following
circumstances:
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b) Notification of visible damage to baggage
other than hand baggage must be delivered before or right at the time of
delivery of baggage;
c) Notification of invisible loss of or damage
to baggage must be sent within the maximum period of 15 days from the date on
which passengers disembarked from the ship or baggage should have been
delivered to passengers.
2. Where a passenger fails to comply with
regulations laid down in paragraph 1 of this Article, delivery and receipt of
such baggage that remains intact is deemed complete, unless otherwise proved.
3. Passengers are not obliged to send a written
notification if, upon delivery and receipt of such baggage, the carrier and
passenger together conduct inspection or examination of such baggage.
Article 214. Statute of
limitation for submission of a claim concerning carriage of passengers and
baggage
1. Statute of limitation for submission of a
claim for compensation for loss resulted from a passenger's death, injury or
suffering from other health-related damage and loss or damage to baggage lasts
for 02 years.
2. The statute of limitation for submission of a
claim referred to in paragraph 1 of this Article is calculated by the following
manner:
a) In respect of a passenger's injury, the
statute of limitation for submission of a claim begins on the date of
passenger's disembarkation;
b) In respect of a passenger's death occurring
during journey, the statute of limitation for submission of a claim begins on
the date on which such passenger should have left the ship.
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c) Where loss of or damage to baggage occurs,
the statute of limitation for submission of a claim begins on the date on which
the passenger disembarks from the ship or should have left the ship, whichever
is later.
3. Notwithstanding the provisions of paragraph 1
of this Article on temporary suspension or stop of the statute of limitation
for submission of a claim for compensation, the statute of limitation for
submission of a claim is not allowed to exceed 03 years from the date on which
a passenger has left the ship or should have left the ship, whichever is later.
Chapter IX
CHARTER-PARTY
Section 1. GENERAL
PROVISIONS
Article 215. Charter-party
Charter-party is a contract entered into between
the owner and charterer of the ship under which the owner gives the right to use
his ship to the charterer within a specified period to fulfill specific agreed
objectives and is paid freight by the charterer.
Article 216. Form of a
charter-party
1. A charter-party is concluded in the form of
either a time charter or demise charter.
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Article 217. Re-letting of
the ship
1. If contractually agreed upon, the charterer
may re-let the ship out to the other third person but has to remain obligatory
to perform the charter-party with the owner.
2. Rights and obligations of the ship owner
provided for in this Chapter shall be applied similarly to the re-letting
party.
Article 218. Rules for
application of laws to the charter-party
Provisions pertaining to the rights and
obligations of the ship owner and charterer set forth in this Chapter shall
only be applied unless otherwise agreed upon between the ship owner and
charterer.
Article 219. Statute of
limitation for submission of a claim as to the charter-party
The statute of limitation for submission of a
claim as to matters arising out of the charter-party lasts for 02 years from
the date of termination of this charter-party.
Section 2. HIRING OF A
SHIP FOR A SPECIFIED PERIOD OF TIME
Article 220. Time charter
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2. A time charter is composed of the following
elements:
a) Name of the ship owner and charterer;
b) Name, flag, grade of the ship; weight, engine
capacity, gross register tonnage, speed and fuel consumption;
c) Operating region, purpose of use of the ship
and the term of the charter-party;
d) Time, location of and conditions for handover
and return of the ship;
dd) Freight for hiring of the ship and payment
method;
e) Other related contents.
Article 221. Obligations
of the ship owner agreed upon in the time charter
1. The ship owner shall be obliged to hand over
the ship to the charterer at the right place and time, ensure necessary
technical safety conditions, and have sufficient supplies relevant to the
purpose of use of the ship as agreed upon in the charter-party and keep the
aforesaid unchanged during the time of hiring of such ship.
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Article 222. Rights of the
time charterer
1. The charterer shall be vested with the
complete right to use dedicated areas on board the ship to carry goods,
passengers and baggage.
2. The charterer shall not be accorded the right
to use other areas on board the ship to carry goods, passengers and baggage,
unless otherwise approved by the ship owner.
Article 223. Obligations
of the time charterer
1. The charterer shall be obliged to use the
ship to serve the right purpose agreed upon in the charter-party and must duly
pay attention to exercise due care of benefits of the ship owner.
2. The charterer shall be obliged to ensure the
ship is only used for carrying goods, passengers and baggage in a legitimate
manner.
3. After the charter-party expires, the
charterer shall be obliged to return the ship to the ship owner at the right
place and time and ensure the technical conditions as agreed upon in the
charter-party, except for the ship's natural wear and tear.
Article 224. Relationship
between the ship owner, charterer and crew members in the time charter
1. During the term in which the ship is hired
under the time charter, the ship master and other seafarers that belong to crew
members on board the ship remain to be subject to the ship owner’s authority to
manage employment. The ship owner shall be fully liable for issues relating to
crew members.
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3. The ship owner shall be held jointly
responsible to the charterer for the ship master’s exercise of authority
referred to in paragraph 2 of this Article, except when the ship master has
clearly undertaken that he acts on behalf of the charterer to exercise such
authority.
Article 225. Distribution
of remuneration paid for rescue service in the time charter
Where the time-chartered ship participates in
rescue activities within the term of the time charter, remuneration paid for
rescue activities shall be evenly distributed among the ship owner and
charterer after costs relating to such rescue activities and rewards to crew
members for their rescue efforts have been deducted from such remuneration.
Article 226. Exceeding the
term of time charter of the ship
On the basis of sound calculation, if the ship's
last journey exceeds the time when the ship must present itself to the ship
owner as agreed upon in the charter-party, the charterer shall be entitled to
continue use of the ship to complete that journey; the charterer must pay
demurrage for the extra time of use of the ship at the price specified in the
charter-party; if the market freight rate imposed on hiring of the ship is
higher than the freight agreed upon in the charter-party, the charterer must
pay freight for hiring of the ship equal to the current market price of
freight.
Article 227. Payment of
freight for time chartering of the ship
1. The charterer shall be held liable for
freight for ship time chartering calculated from the date of possession of the
ship to the date of return of the ship to the ship owner.
2. The ship charterer shall not be held
responsible for paying freight for the time when the ship is not brought into
operation due to damage, lack of supplies of spare parts or ineligible crew
members. In this case, the charterer shall be entitled to a relief from
liability for costs incurred from maintenance of the ship.
3. Where the ship's incapability of being
brought into operation is through the charterer's fault, the ship owner remains
to be entitled to freight paid for hiring of the ship and compensation for any
loss or damage concerned.
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5. Where the charterer fails to pay freight
agreed upon in the charter-party, the ship owner shall be accorded authority to
detain goods, property on board the ship if such goods or property are in the
charterer’s possession.
Article 228. Termination
of the time charter
1. The charterer shall be entitled to terminate
the charter-party and submit a claim for compensation for any related loss or
damage if the ship owner commits fault in performing obligations referred to in
Article 221 hereof.
2. Both contracting parties shall be entitled to
terminate the charter-party without having to pay any compensation in the event
that act of war, riots or application of coercive measures of competent
regulatory agencies to hindering execution of the charter-party, which is unlikely
to be terminated after a proper waiting time, occur.
3. The charter-party automatically becomes void
and null if the ship has gone missing, is wrecked, destroyed or deemed subject
to be unrepairably damaged or, if it is likely to be repaired, such repair is
uneconomic.
Section 3. BAREBOAT HIRING
Article 229. Demise
charter
1. A demise charter refers to a contract for
hiring of a ship whereby the ship owner provides a specific ship without crew
members.
2. A demise charter is composed of the following
elements:
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b) Name, flag and grade of the ship; weight and
engine capacity of the ship;
c) Operating region, purpose of use of the ship
and the term of hiring of the ship;
d) Time, location of and conditions for handover
and return of the ship;
dd) Checking, maintenance and repair of the
ship;
e) Freight for hiring of the ship and payment
method;
g) Ship insurance;
h) Time of and conditions for termination of the
charter-party;
i) Other related contents.
Article 230. Obligations
of the ship owner agreed upon in the demise charter
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2. During the term of demise charter, the ship
owner shall not be allowed to mortgage the contractual ship without any written
consent from the charterer; where the ship owner is in contravention of this
regulation, compensation for any loss or damage imposed on the charterer must
be awarded.
3. Where the ship is detained due to any dispute
involving the ownership or debts of the ship owner, the ship owner must ensure
that benefits of the charterer are not affected and compensate for any loss or
damage imposed on the charterer.
Article 231. Obligations
of the demise charterer
1. The demise charterer shall be obliged to take
care of the ship and equipment installed onboard the ship during the term of
demise charter.
2. The demise charterer shall be obliged to
repair any damage to the ship during the term of demise charter and must notify
the ship owner of this. The ship owner shall be liable for charges paid for
repair service if damage arises outside the scope of liability of the
charterer.
3. During the term of demise charter, the
charterer shall be liable for fees for the ship insurance contract of which
value and manner have been agreed upon in the charter-party.
4. During the term of demise charter, if any
loss imposed on the ship charter results from the charterer’s use and operation
of the ship, the charterer shall be obliged to provide relief or compensation
for such loss.
Article 232. Obligations
to return the ship, exceeding the term of charter-party and termination of the
demise charter
Obligations to return the ship, exceeding the
term of charter-party and termination of the demise charter shall be consistent
with provisions laid down in paragraph 3 Article 223, 226 and 228 hereof.
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The demise charterer shall be liable for freight
for demise chartering as agreed upon in the charter-party. Where the ship is
subject to total loss or gone missing, payment of freight for hiring of the
ship shall be terminated from the date on which the ship is subject to total
loss or on which the last information about the ship is received. An amount of
pre-paid freight equivalent to the length of time when the ship has not been
used must be refunded.
Article 234. Ship
hire-purchase
1. When the demise charter includes terms and
conditions concerning ship hire–purchase, the ownership of the ship agreed upon
in the demise charter shall be assigned to the charterer.
2. The lessor who gives the ship under a
hire-purchase contract and the lessor who provides the ship under a finance
lease contract shall only keep the copy of the Certificate for registration of
that ship.
Chapter X
SHIP AGENT AND
SHIPBROKING
Section 1. SHIP AGENT
Article 235. Ship agent
Ship agent refers to a kind of service related
to the ship operating at ports which the person acting on behalf of the ship
owner as an agent or the operator of the ship performs, including undertaking
procedures for the ship’s entering and leaving the port; signing the contract
for carriage, marine insurance contract, goods loading or unloading contract,
charter-party, contract for employment of seafarers; signing and issuing bills
of lading or equivalent transport documents; furnishing the ship with materials,
fuel, food supplies, potable water; filing a sea protest; keeping in contact
with the ship owner or operator; performing seafarer-related services;
collecting and spending sums relating to ship operating activities; resolving
any dispute regarding the contract for carriage or marine accidents as well as
rendering other ship-related service.
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1. The person acting as a ship agent is the
person appointed by the entrusting person to act as his representative to perform
ship agent services entrusted by the entrusting person at ports.
2. The person acting as a ship agent may render
ship agent services to the shipper, charterer or other persons entering into a
contract with the ship owner or operator if obtaining consent from the ship
owner or operator.
Article 237. Ship agent
contract
A ship agent contract refers to a contract
signed in writing between the entrusting party and the ship agent under which
the entrusting party allows the ship agent to perform ship agent services for
specific voyage or within a specified period of time.
Article 238. Obligations
of the ship agent
1. The ship agent shall be responsible for
performing necessary acts to take good care of legitimate rights and benefits
of the entrusting party; bound to comply with requirements and instructions of
the entrusting party; notify the entrusting party in a timely manner of events
relating to entrusted duties; accurately calculate receipts and expenditure
associated with entrusted duties.
2. The ship agent shall be responsible to pay
the entrusting party compensation for any loss or damage resulted from his
fault.
Article 239. Liabilities
of the entrusting party
1. The entrusting party shall be responsible for
instructing the ship agent to perform entrusted services whenever necessary and
must pay an estimated sum of advance for entrusted services upon the request of
the ship agent.
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Article 240. Charge rate
imposed on ship agent services
The charge rate imposed on ship agent services
shall be negotiated by contracting parties except to the extent stipulated by
laws.
Article 241. Statute of
limitation for submission of a claim regarding execution of ship agent contract
The statute of limitation for submission of a
claim regarding execution of ship agent contract lasts for 02 years from the
date on which any dispute arises.
Article
242. Conditions for trade in ship agent services
1. In order to engage in trade in
ship agent services in Vietnam, enterprises must be established in accordance
with laws; with regard to a foreign-invested enterprise, a capital contribution
portion must be assured in accordance with laws.
2. These enterprises must
assign full-time personnel to operate ship agent services and full-time
personnel to undertake legislative activities.
3. Staff members of a ship
agent must have Vietnamese nationality and hold certificates in ship agent
profession.
4. The Government shall provide
detailed provisions on this Article.
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Provisions relating to ship agent referred to in
this Section shall be applied to public duty ship, fishing ship, submarine,
submersible, floating warehouse, movable platform and hydroplane and foreign
military vessel entering into the territory of Vietnam.
Section
2. SHIPBROKING
Article
244. Shipbroking and ship broker
1. Shipbroking refers to a kind
of service providing an intermediary between parties involved in transaction,
negotiation and conclusion of the contract for carriage, marine insurance
contract, charter-party, contract for purchase and sale of a ship, contract for
towing a ship, contract for hiring of seafarers and other contract pertaining
to marine operations under a shipbroking contract.
2. A ship broker refers to a
person rendering shipbroking services.
Article 245. Rights and
obligations of a ship broker
1. Have the right to provide services to
contracting parties on condition that he is required to notify all contracting
parties of this and is obliged to exercise due care of legitimate rights and
benefits of parties involved.
2. Have the right to be paid agreed-upon
commission for his rendering of broking services. The broker and the broker’s
customer shall enter into a negotiation on brokerage; unless priorly agreed
upon, local rules shall prevail in determination of brokerage.
3. Assume obligations to perform a broker’s
duties in an honest manner.
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5. Liabilities of a ship broker shall be
discharged to the extent that contract between parties provided with ship
broking services is concluded, unless otherwise agreed upon.
Article 246. Statute of
limitation for submission of a claim regarding execution of a ship broking
contract
The statute of limitation for submission of a
claim regarding execution of a ship broking contract lasts for 02 years from
the date on which any dispute arises.
Chapter XI
MARINE PILOTAGE
Article 247. Provisions on
use of marine pilotage in Vietnam
1. Use of marine pilotage in Vietnam is aimed at
ensuring the maritime safety and security and environmental pollution
prevention; playing a significant role in protecting sovereignty and exercising
sovereignty right and jurisdiction of the Socialist Republic of Vietnam.
2. Vietnamese and overseas ships must use
Vietnamese maritime pilots for maneuvering these ships and pay charges for
pilotage services when operating within a Vietnamese region where marine
pilotage is required.
3. Cases in which use of marine pilotage is not
required include:
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b) Vietnamese ships carrying below 1,000 GT of
passengers, oil, liquefied gas, chemicals in bulk; other kinds of Vietnamese
ship that has less than 2,000 GT in weight;
c) Overseas ship that has less than 10 GT in
weight;
d) Any ship of which the master is a Vietnamese
national who has achieved the certificate in pilotage service, certificate of
marine pilotage operating zone conformable to specific types of ships and
regulatory pilotage operating zone in which active ships are permitted to be
navigated by itself.
4. The master of any ship referred to in
paragraph 3 of this Article may require pilots to navigate such ship whenever
necessary.
Article 248. Marine
pilotage organization
A marine pilotage organization refers to an
enterprise that provides the service of navigating ships to enter or leave
ports and operates within the regulatory marine pilotage zone of Vietnam.
Article 249. Legal status
of marine pilot
1. Marine pilot is a consultant to the master in
navigation of a ship to meet marine conditions that exist at the ship piloting
zone where a marine pilot is operating. Use of marine pilotage shall not
discharge the master’s liability to command the ship.
2. During the duration of navigation of a ship,
a marine pilot shall be put under the command of the master of the piloted
ship.
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Article 250. Eligibility
requirements for Practising of marine pilotage
1. Be a Vietnamese citizen.
2. Meet required health standards.
3. Hold the certificate in marine pilotage
profession.
4. Only allow navigation of a ship within the marine
pilotage operating zone which is conformable to the issued certificate of
marine pilotage zone.
5. Be put under the management of a marine
pilotage organization.
Article 251. Rights and
obligations of a marine pilot during the process of ship navigation
1. A marine pilot shall be vested with the right
to refuse to navigate any ship, and simultaneously notify the port authority
and marine pilotage organization in a timely manner to the extent that the
master intentionally fails to follow his proper instructions or warnings.
2. A marine pilot shall be obliged to regularly
provide instructions on marine conditions that exist at the ship navigation
zone for the master; warn the master of any act inconsistent with regulations
on assurance of maritime safety, other relevant laws and regulations.
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4. A marine pilot must exercise due diligence in
fulfilling his obligations. A marine pilot’s ship navigation shall be
terminated after the ship anchors, arrives at the wharf and enters the agreed
safe place or in the presence of a replacement pilot. A marine pilot shall not
be permitted to leave a ship without the ship master’s consent.
Article 252. Obligations
of the ship master and owner during use of marine pilotage
1. The ship master shall be obliged to
accurately inform a marine pilot of particular functions and characteristics of
the ship; ensure safety for a marine pilot when he getting onto and off the
ship; provide a marine pilot with equipment used for work and human daily
activities during the time when that marine pilot stays on board the ship.
2. In the case of any loss resulted from a
marine pilot's fault for navigating a ship, the ship owner shall be held liable
for compensation for such loss in the same manner as any loss resulted from a
seafarer's fault.
3. Where a marine pilot is prevented from
leaving the ship upon completion of his duties for reasons of safety assurance,
the ship master must enter into the nearest port for the purpose of marine
pilot disembarkation. The ship owner or operator shall be charged with
liability to return a marine pilot to the place of pilot embarkation and pay
any relevant cost.
Article 253. Liabilities
of a marine pilot for any loss resulted from the ship navigation fault
A marine pilot shall be charged with
administrative and criminal liabilities in accordance with laws and relieved of
civil liabilities only if any loss is resulted from this marine pilot's fault
in ship navigation.
Article 254. Detailed
provisions on marine pilotage
The Minister of Transport shall adopt
regulations on the regulatory marine pilotage zone; training standards for
marine pilots; issue and revocation of the certificate in marine pilotage
profession and the certificate of marine pilotage operating zone.
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Provisions of this Chapter shall be applied to
public duty ship, fishing ship, submarine, submersible, floating warehouse,
movable platform and hydroplane and foreign military vessel entering into the
territory of Vietnam.
Chapter XII
SHIP TOWAGE
Article 256. Ship towage
1. Ship towage refers to tugging, towing,
hauling, pushing or sailing alongside the ship and other floating equipment on
the sea and within a port water area by a towboat.
2. Ship towage includes sea and assistance
towage within a port water area.
Article
257. Requirements for trade in ship towage services
1. In order to engage in trade in ship towage
services in Vietnam, enterprises must be established in accordance with laws;
with regard to a foreign-invested enterprise, a capital contribution portion
must be assured in accordance with laws.
2. These enterprises must
assign full-time personnel to operate ship towage services and full-time personnel
to undertake legislative affairs.
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4. The Government shall provide
detailed provisions on this Article and towage carried out in Vietnam is not
covered by provisions laid down in paragraph 1 of this Article.
Article
258. Ship towage contract
1. Ship towage contract refers to the contract
signed in writing between the owner and lessee of towboat except to the extent
that the assistance towage takes place within a port water area.
2. The charge for ship towage services shall be
negotiated by contracting parties except to the extent stipulated by laws.
Article 259. Right to
command the ship towage
1. Towboats and ships or other towed units constitute
a towing fleet. The towing fleet is created from the time when a towboat and
other members of the towing fleet are ready to perform necessary duties under
orders from the commander of such towing fleet, and is dissolved when the last
duty has been fulfilled or when members of the towing fleet has kept a safe
distance between them.
2. Parties entering into a ship towage contract
shall negotiate for appointment of the commander of a towing fleet. If there is
no agreement on this, local conventions shall prevail.
3. The right to command an assistance towage
taking place within a port water area shall be granted to the master of the
towed ship. In the absence of the master or chief officer, such right shall be
granted to the person designated by the Director of a port authority.
Article 260. Obligations
of parties to a ship towage contract
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2. The towage lessee shall be obliged to allow
for sufficient conditions for assurance of safety for his ship as agreed upon
in the ship towage contract.
Article 261. Liability to
compensate for any loss relating to the ship towage
1. The owner of the ship of which the master is
accorded the right to command a towing fleet shall bear liability for any loss
or damage imposed on the ship, people and property onboard the ship of other
members of the towing fleet unless it is proved that such loss or damage arises
outside of their scope of liability.
2. Ships put under the command of the ship
master of other ship shall not be relieved or reduced from liabilities to take
into consideration the general safety for the towing fleet; the ship owner
shall be held liable for any loss or damage imposed on the ship, people and
property on board ships of other members to the extent that the fault resulting
in such loss or damage is on the part of his ship.
3. In the course of execution of a ship towage
contract, if any loss or damage is imposed on a third party, contracting
parties shall be liable for any compensation to the extent of each party’s
fault.
Article 262. Statute of
limitation for submission of a claim for execution of a ship towage contract
The statute of limitation for submission of a
claim regarding execution of a ship towage contract lasts for 02 years from the
date on which any dispute arises.
Article 263. Towage of
military vessel, public duty ship, fishing ship, inland watercraft, submarine,
submersible, floating warehouse, movable platform, floating dock and hydroplane
Provisions of this Chapter shall be applied to
military vessel, public duty ship, fishing ship, inland watercraft, submarine,
submersible, floating warehouse, movable platform, floating dock and
hydroplane.
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MARINE RESCUE
Article 264. Marine rescue
1. Marine rescue refers to any act of saving
ships or property of the ship from dangers or any act of providing relief to
ships in distress at sea, within a port water area which is performed under a
marine rescue contract.
2. A marine rescue contract refers to the
contract signed between the rescuing and rescued party to perform rescue
operations. The master of the ship in distress shall be allowed to act on
behalf of the ship owner to enter into a marine rescue contract. The master or
owner of the ship in distress shall be permitted to act on behalf of owners of
property on board a ship to sign such rescue contract.
3. The marine rescue contract shall be concluded
in the form agreed between parties.
4. Parties to a marine rescue contract shall be
entitled to request any cancellation or change of unsound contractual
agreements to the extent that these agreements are concluded in an emergency
state and impacted by such state or it is proved that any fraudulent or abusing
act is committed upon effecting thereof or an amount of remuneration paid for
rescue activities is either much less or greater than the amount that a party
is actually provided.
Article 265. Obligations
of the salvor, ship owner and master
1. In the course of rescue activities taking
place, the salvor shall take on the following obligations:
a) Perform rescue duties by exercising his due
diligence;
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c) Request other salvor’s assistance whenever
necessary;
d) Agree to rescue operations performed by other
salvors upon the reasonable request of the owner, master of the ship or the
owner of property in distress. In this circumstance, an amount of remuneration
paid for the first salvor shall not be affected if rescue services provided by
other salvors are deemed unreasonable.
2. The owner, master of the ship or the owner of
property in distress shall assume the following obligations:
a) Cooperate with salvors during the rescue
process;
b) Exercise due diligence in taking measures to
prevent or reduce any environmental harm during the rescue process;
c) When the rescued ship or other property is
carried to a safe place, he is bound to give such ship or property to the
salvor upon receipt of a proper request.
Article 266. Entitlement
to remuneration paid for rescue operations
1. Every marine rescue that produces beneficial
outcomes shall be qualified for a reasonable amount of remuneration.
2. Rescue remuneration includes amount paid for
rescue efforts, rescue costs, costs paid for transport and preservation of the
rescued ship or property and rewards for rescue efforts.
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4. Any rescue activity inconsistent with clear
and sound designation of the master of the rescued ship shall not be qualified
for rescue remuneration.
Article 267. Rules of
determination of rescue remuneration
1. Rescue remuneration is agreed upon in the
rescue contract on condition that it is reasonable and does not exceed value of
the rescued ship or property.
2. In the event that rescue remuneration is not
either agreed upon in the contract or reasonable, rescue remuneration shall be
determined by the following elements:
a) Value of the rescued ship or property;
b) Skills and efforts of the salvor in
prevention or mitigation of loss or damage resulted from environmental
pollution;
c) The rescue party’s effectiveness of rescue
operation;
d) Dangerous nature and level of an accident;
dd) Skills and efforts of the salvor in rescuing
ships, people and property on board the ship;
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g) Liability-related risks and other risks to
the salvor or equipment;
h) Timeliness of rescue operations performed by
the salvor;
i) Readiness and capacity of the ship and other
equipment used for rescue purposes;
k) Readiness, effectiveness and value of rescue
equipment.
3. Rescue remuneration may be reduced or not
recognized to the extent that the emergency situation in which rescue activities
are required is created by the salvor, or the salvor commits theft or fraud
offences during execution of the rescue contract.
Article 268. Special
rescue remuneration
1. Where the salvor’s rescue operations related
to the ship or goods carried on board the ship may pose a risk of causing any
environmental harm and he has not been paid an amount of remuneration
stipulated in paragraph 1 and 2 Article 267 hereof, the salvor shall be
entitled to a special amount of remuneration paid by the ship owner.
2. A special amount of remuneration stipulated
in paragraph 1 of this Article paid by the ship owner to the salvor is not
allowed to exceed 30% of the cost incurred of the salvor. In the event that a
claim arises from such amount, and it is proved that such claim is reasonable,
and subject to provisions of paragraph 2 of Article 267 hereof, the Court or
Arbitration may decide to increase a special amount of remuneration to the
extent that it does not exceed 100% of the cost incurred of the salvor.
3. The cost incurred of the salvor referred to
in paragraph 1 and 2 of this Article is the reasonable cost that the salvor has
to pay and other reasonable costs that may arise from the actual use of his
equipment and personnel for rescue duties. Determination of costs incurred of
the salvor shall be consistent with provisions set forth in subparagraph h, I
and k paragraph 2 Article 267 hereof.
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5. Where any loss resulted from environmental
pollution is not prevented or mitigated due to neglect of the salvor, that
salvor may lose a part or whole of entitlement to such special rescue
remuneration.
6. Provisions laid down in this Article shall
not cause any impact on the right of claim made by the ship owner for rescued
parties’ payment of such amount.
Article 269. Rules of
determination of value of the rescued ship or property
Value of the rescued ship or property is the
actual value determined at the place where the rescued ship or property is
stored, or the sum earned from sale or evaluation of such property from which
the cost of delivery, preservation and auctioning of such property and other
related costs are deducted.
Article 270. Life-saving
rewards included as rescue remuneration
1. Persons whose lives are saved shall not be
bound to pay any sum to persons who have saved their lives.
2. Life-saving persons shall be entitled to a
proper sum of reward included as the rescue remuneration or the special rescue
remuneration to the extent that such life-saving act relates to the same
accident that results in rescue of property.
Article 271. Rescue
rewards in other cases
Persons when on pilotage or towage duty shall be
entitled to rescue rewards in the presence of special assistance outside of the
scope of liability under the rescue contract given to rescue the ship for which
they are performing their duties.
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1. Rescue remuneration shall be evenly
distributed between the ship owner and crew members of the rescue ship from
which costs or loss imposed on the ship, and costs or loss imposed on crew
members in relation to rescue operations are deducted.
This rule shall not apply to dedicated rescue
ships.
2. Where multiple ships participate in a rescue
operation, distribution of rescue remuneration shall be consistent with
provisions set forth in paragraph 2 Article 267 hereof.
3. The Minister of Transport shall provide
detailed regulations on the method of distribution of rescue remuneration
between Vietnamese crew members.
Article 273. Right of
detention of the rescued ship or property
1. The rescued ship or property may be detained
to secure payment of rescue remuneration and other costs associated with
evaluation and auctioning thereof.
2. The salvor shall not be accorded the right of
detention of the rescued ship or property to the extent that he has been
provided with sufficient security by the ship owner or owners of such property,
including profits and related costs, in consistence with conditions for making
a claim for payment of rescue remuneration.
Article 274. Statute of
limitation for submission of a claim regarding execution of a marine rescue
contract
The statute of limitation for submission of a
claim regarding execution of a marine rescue contract lasts for 02 years upon
completion of a rescue operation.
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Provisions of this Chapter shall be applied to
military vessel, public duty ship, fishing ship, inland watercraft, submarine,
submersible, hydroplane, floating dock, floating warehouse and movable
platform.
Chapter XIV
SALVAGE OF SHIPWRECKED
PROPERTY
Article 276. SHIPWRECKED
PROPERTY
1. Shipwrecked property refers to any ship,
goods or other objects which are wrecked or adrift within the port water area and
sea of Vietnam or run aground on the coast of Vietnam.
2. Shipwrecked dangerous property refers to any
shipwrecked property that may hinder or pose dangers to marine operations, or
threaten human lives and health, or have impacts on natural resources and cause
environmental pollution.
Article 277. Obligations
of the owner of shipwrecked property
1. The owner of shipwrecked property shall be
obliged to salvage such property and cover all costs relating to salvage
activities, except the circumstances provided for by paragraph 2 of this
Article. Where the owner of shipwrecked property fails to conduct salvage
activities or performs any salvage in breach of the required time limit, the
competent authority defined in Article 284 hereof shall grant the decision on
salvage of such property.
2. Where shipwrecked property is a ship, good or
other object carried on board a ship, the ship owner shall be obliged to
salvage shipwrecked property and cover any related cost. The manager and
operator of the ship shall be jointly liable for salvage of the shipwrecked
property and pay any relevant cost relating to such salvage.
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Article 278. Time limit
for notification and salvage of shipwrecked property
Notwithstanding provisions laid down in Article
279 hereof, the time limit for notification and salvage of shipwrecked property
shall be provided for as follows:
1. Within a period of 30 days from the date on
which property is shipwrecked, the owner of that shipwrecked property must
notify competent authorities referred to in Article 284 hereof of salvage and
proposed deadline for completion of such salvage;
2. Within a period of 30 days of receipt of the
aforesaid notification, in reliance on actual conditions, the competent
authorities referred to in Article 284 hereof shall decide the proposed
deadline for completion of such salvage or provide detailed provisions on the
deadline in which the owner of that shipwrecked property has to complete his
salvage operation.
Article 279. Salvage of
shipwrecked property
1. The owner of dangerous shipwrecked property
shall be obliged to promptly notify the Director of the nearest port authority
of any accident occurring and carry out salvage of such property within the
time limit set out by the Government. Where the owner of such property fails to
salvage or is incapable of assuring that such salvage meets the time limit, the
competent authority shall be charged with carrying out salvage operations and
decide the deadline for that owner's payment of related costs.
The owner of that property is bound to
compensate for any related loss or damage and shall be subject to any punitive
action in accordance with laws even though his title to such shipwrecked
property has been lost as prescribed in paragraph 1 Article 281 hereof.
2. For the period of 30 days of receipt of
notification of complete salvage of his property, unless the owner of such
property claims that property or pays related costs by the stipulated deadline,
the competent authority shall make a decision on auctioning of such property.
Where dangerous shipwrecked property are perishable types of property or costs
of preservation of such property is greater than value of such property, the
competent authority shall make a decision on auctioning of such property immediately
after completion of salvage. Conduct of auctioning of that shipwrecked property
shall be consistent with laws and regulations.
3. After costs of salvage, preservation and
auctioning of shipwrecked property and other reasonable costs associated with
such property, as prescribed by paragraph 2 of this Article, have been
completely paid and if revenue earned from such auction is not used up, such
sum of revenue shall be deposited in a bank and notify the owner of such
property of this; for the period of 180 days of receipt of this notification,
if such sum has not been collected by that owner, it shall be subject to the
state budget’s expropriation, except to the extent that the owner has lost his
right to shipwrecked property referred to in Article 281 hereof.
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Article 280. Privilege for
salvage of shipwrecked property
Vietnamese organizations or individuals shall be
accorded privilege over effecting of the contract for salvage of shipwrecked
property within internal waters and territorial waters of Vietnam.
Article 281. Loss of
ownership of shipwrecked property
1. The owner of shipwrecked property shall be
deprived from ownership of such property if notification of salvage is not
issued or salvage of such property fails to meet the deadline defined in Article
278 and 279 hereof. In this case, such shipwrecked property shall automatically
become the state-owned property.
2. In the circumstances referred to in paragraph
1 of this Article, the competent authority provided for in Article 284 hereof
shall make a decision to deal with the shipwrecked property.
3. The owner of dangerous shipwrecked property
who is deprived from the ownership of such property in accordance with
paragraph 1 of this Article shall remain liable for compensation for any loss
and sanctioned in accordance with laws and regulations.
Article 282. Treatment of
randomly salvaged property
1. Where randomly salvaging shipwrecked property
within the internal waters and territorial waters of Vietnam, or when moving
such randomly salvaged property to the internal waters and territorial waters
of Vietnam, the salvor must promptly notify the competent authority referred to
in Article 284 hereof of the time, location and other related events; protect
such property until it is delivered to the owner or the competent authority and
then notify the competent authority of this whenever possible.
2. Where the salvaged perishable property
referred to in paragraph 1 of this Article entails the great cost of
preservation of such property, the salvor shall be vested with the right to
treat such property under the provisions of paragraph 2 and 3 Article 279
hereof.
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4. For the period of 60 days after the date of
notification, unless the owner of such property referred to in paragraph 3 of
this Article take any action to protect his interests, competent authorities
referred to in Article 284 hereof shall be accorded the right to deal with such
property provided for by paragraph 2 and 3 Article 279 hereof.
5. To the extent of the circumstance stipulated in
paragraph 1 of this Article, the salvor shall be entitled to the remuneration
for raising the ship and reimbursed for other relevant costs according to the
similar rules applied to marine rescue remuneration.
6. Where it is unlikely to determine the owner
of shipwrecked property, prevailing laws shall be applied to treatment of such
property.
Article 283. Treatment of
property which is adrift at sea or runs aground on the coast
1. Treatment of property which is adrift at sea
and runs aground on the coast shall be consistent with provisions laid down in
paragraph 1, 2, 3, 4 and 6 Article 282 hereof.
2. The person who has found out, salvaged or
participated in salvage of other person's property which is adrift at sea shall
be entitled to remuneration according to the similar rules applied to marine
rescue remuneration after notifying the owner of such property of his request
at the time which is not later than the date of delivery of such property.
3. The person who has found out and preserved
property running aground on the coast shall be entitled to a sum of reward and
reimbursement for his preservation efforts which is limited to 30% of market
price of such property after notifying the owner of such property of his
request at the time which is not later than the date of delivery of such
property.
Article 284. Authority to
treat shipwrecked property
1. The Ministry of Transport shall take charge
of conducting treatment of dangerous shipwrecked property.
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3. The Ministry of National Defense shall take
charge of treating shipwrecked property relating to national defence and those
that have been discovered in military zones.
4. The Ministry of Public Security shall take
charge of treating shipwrecked property relating to national security.
5. The People’s Committees of provinces shall
take charge of treating shipwrecked property other than those referred to in
paragraph 1, 2, 3 and 4 of this Article.
6. The Government shall provide detailed
regulations on treatment of shipwrecked property.
Chapter XV
SHIP COLLISION
Article 285. Ship
collision
Ship collision refers to an accident that occurs
when two ships, a ship and inland watercraft, a ship and hydroplane or other
units collide with each other at sea or within a port water area.
Article 286. Liabilities
of the ship master associated with a collision
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2. Promptly after a collision takes place,
masters of the ship involved in that collision shall be obliged to exchange
information about ship name, call sign, place of registration and last port of
departure and intended port of arrival.
3. The ship owner shall be exempted from liability
for the ship master’s failure to fulfill obligations referred to in paragraph 1
and 2 of this Article.
Article 287. Rules for
determination of fault and compensation for any loss arising out of a collision
1. The ship at fault in a collision refers to
the ship that causes a collision due to an act or omission in equipment,
navigation and management of the ship; in compliance with regulations for
preventing collisions at sea and maritime safety regulations; to the neglect of
necessary professional practices.
2. The ship at fault in a collision must
compensate for any loss regarding the ship, people and property involved in
such collision. Where the fault in a collision is on the part of two or more
ships, burdens of compensation shall be distributed to the extent of each
party's fault; if the extent of fault is even or the extent of fault on the
part of each party is not determined, burdens of compensation shall be evenly
distributed to all of parties.
3. Where fault has yet to be determined in a
definite manner, ships involved shall not be deemed at fault for such
collision.
4. In the case of compensation for any loss of
human lives, injury or other health-related damage, ships at fault shall be
jointly liable. The ship that has provided compensation beyond her liability
shall be allowed to request other ships involved in such collision to reimburse
her for that excessive amount of reimbursement.
5. A military vessel shall be relieved from
liability for compensation if it is proved that a collision is caused by its
fault when on duty within the announced zone where military practice takes
place and maritime operations are prohibited. Notwithstanding this provision,
the ship master shall remain to fulfill obligations referred to in paragraph 1
and 2 Article 286 hereof whenever acceptable conditions are present.
6. In the light of provisions laid down in
paragraph 1, 2, 3, 4 and 5 of this Article, parties involved in a collision
shall be accorded the right to enter into an agreement on their own to determine
the extent of fault and liability for compensation for any loss or damage
arising from such collision; in the event that an agreement is not reached, a
claim may be submitted to the competent Arbitration or Court.
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Where a collision is caused by acts of god,
fortuitous events or when it is impossible to define which ship is at fault for
such collision, each ship shall be liable for its own loss, irrespective of the
circumstance under which a collision takes place while the ship is being
anchored, fastened or is coming to touch the side of another ship.
Article 289. Indirect ship
collision
Provisions of this Chapter shall be applied to
the circumstance under which a ship commits the fault for any loss or damage
imposed on another ship, people and property on board arising from an indirect
collision.
Article 290. Statute of
limitation for submission of a claim regarding ship collision
1. The statute of limitation for submission of a
claim regarding ship collision lasts for 02 years from the date on which such
collision takes place.
2. The statute of limitation for submission of a
claim on reimbursement for an excessive sum referred to in paragraph 4 Article
287 hereof lasts for 01 year from the date of payment of compensation.
Article 291. Collision in
respect of military vessel, public duty ship, fishing ship, inland watercraft,
submarine, submersible, hydroplane, floating dock, floating warehouse and
movable platform
Provisions of this Chapter shall be applied to
military vessel, public duty ship, fishing ship, inland watercraft, submarine,
submersible, hydroplane, floating dock, floating warehouse and movable
platform.
Chapter XVI
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Article 292. General
average
1. General average refers to any extraordinary
sacrifice or expenditure which is intentionally and reasonably made or incurred
for the common safety for the purpose of preserving from peril the ship, goods,
luggage, freight rate and passengers.
2. Only loss or damage and expenditure directly
consequential on a general average act shall be included in a general average
loss.
3. Every loss, damage and expenditure incurred
with respect to damage to the environment or consequential to escape or release
of pollutant substances from the property on board the ship in the common
adventure at sea shall be excluded from a general average loss in any case.
4. Demurrage charged for late delivery of goods
and any loss or damage or expenses payable on delay incurred whether in or
after a sea adventure and any other indirect loss shall be excluded from a
general average loss.
5. Special expenditure in excess of the
acceptable amount shall be included in a general average loss within a proper
limit applied to specific circumstances.
Article 293. Distribution
of general average losses
1. General average is proportionally distributed
based upon the value of a portion of loss in a general average act and the
saved value at the time and place of the ship's end of adventure immediately
after such general average occurs.
2. Provisions laid down in paragraph 1 of this
Article shall also be applied to the circumstance whereby a peril arises
through the fault of persons who share general average interests or of a third
person.
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4. Rules for determination of specific loss
value and value of distributed general average losses shall be contractually
agreed upon between parties. In the absence of such agreement, the person who
distributes general average losses shall be subject to provisions of this
Chapter and international practices to handle this issue.
Article 294. Distribution
of general average losses in respect of undeclared goods loaded onto the ship
Loss of an undeclared good loaded onto the ship
or a good of which the nature and value is wrongfully declared shall be
excluded from a general average loss; where such good is saved from a common
peril, it shall be subject to a pro-rata distribution value.
Article 295. Particular
average
Any loss imposed on the ship, goods, luggage,
freight rate and passengers which is excluded from a general average according
to the rules provided for in Article 292 hereof shall be called particular
average. The person who suffers a loss shall not be entitled to compensation
unless he proves that such loss arises through the fault of other persons.
Article 296. Declaration
of a general average loss and appointment of a person in charge of distributing
general average losses
1. Determination of a general average loss, loss
value and distribution of a general average loss shall be assigned to the
person in charge of distribution of general average losses by the ship owner.
2. The ship owner shall be the only person
vested with the right to declare a general average loss and assign his person
to take charge of distributing general average losses within a maximum period
of 30 days from the date of declaration of such general average loss.
Article 297. Statute of
limitation for submission of a claim regarding general average
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Chapter XVII
LIMITATION OF LIABILITY
FOR MARITIME CLAIMS
Article 298. Person
accorded the benefit of limitation of civil liability
1. Ship owners shall be entitled to limit their
civil liability for maritime claims set out in Article 299 hereof.
2. Rules applied to the benefit of limitation of
civil liability accorded salvors, ship operators, charterers or managers shall
so apply to ship owners to the extent that these ship owners or persons assume
responsibility for their acts, neglect or defaults.
3. Where the assured is accorded the benefit of
limitation of liability for maritime claims, the insurer charged with liability
for these maritime claims shall also be entitled to the benefit to the same
extent as the assured himself.
4. The act of
invoking limitation of liability performed by the person entitled to limit
liability shall not constitute his admission of liability.
5. The person entitled to limit liability in
accordance with this Chapter shall lose the benefit of limitation of liability
to the extent that it is proved that a loss is sequential on that person's
fault resulting in such loss.
Article 299. Claims
subject to limitation of liability
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2. Claims in
respect of loss resulting from delay in the carriage by sea of cargo,
passengers or their luggage.
3. Claims in
respect of other loss resulting from infringement of rights other than
contractual rights, occurring in direct connexion with the operation of the
ship or salvage operations;
4. Claims in
respect of the raising, removal, destruction or the rendering harmless of a
ship which is sunk, wrecked or abandoned, including anything that is or has
been on board such ship.
5. Claims in
respect of the removal, destruction or the rendering harmless of the cargo
carried by the ship.
6. Claims of a
person other than the person liable in respect of measures taken in order to
avert or minimize loss for which the person liable may limit his liability, and
further loss caused by such measures.
Article 300. Claims
excepted from limitation of liability
1. Claims for
salvage or contribution in general average.
2. Claims for oil
pollution damage.
3. Claims for nuclear and radiation pollution
damage.
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Article 301. Limits of
liability
1. Limits of liability for claims in respect of loss of life or personal injury or other
health-related damage to passengers on board the ship; loss of or damage to
property carried by sea shall be consistent with provisions of Article 209
hereof.
2. Limits of liability for other claims in
respect of loss of life or personal injury or other health-related damage to
persons other than passengers shall be provided for as follows:
a) 167,000 units of account for a ship with a
tonnage of 300 tons;
b) 333,000 units of account for a ship with a
tonnage ranging from 300 tons to 500 tons;
c) In respect of a ship with a tonnage in excess
thereof, the following amount in addition to that mentioned in subparagraph b
of this paragraph: for each ton from 501 to 3,000 tons, 500 Units of Account; for
each ton from 3,001 to 30,000 tons, 333 Units of Account; for each ton from
30,001 to 70,000 tons, 250 Units of Account; for each ton in excess of 70,000
tons, 167 Units of Account.
3. Limits of liability for other claims in
respect of other claims shall be provided for as follows:
a) 83,000 units of account for a ship with a
maximum tonnage of 300 tons;
b) 167,000 units of account for a ship with a
tonnage ranging from 300 GT to 500 GT;
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4. Where the amount calculated in accordance
with paragraph 2 is insufficient to pay the claims mentioned therein in full,
the amount calculated in accordance with paragraph 3 of this Article shall be
available for payment of the unpaid balance of claims under paragraph 2 of this
Article and such unpaid balance shall rank ratably with claims mentioned under
paragraph 2 of this Article.
5. Claims referred to in paragraph 3 of this
Article in respect of damage to harbour works, basins and navigational channels
and aids to navigation shall have such priority over other claims.
6. The limits of liability for any salvor not
operating from any ship or for any salvor operating solely on the ship to, or
in respect of which he is rendering salvage services, shall be calculated
according to a tonnage of 1,500 GT.
7. Limits of liability defined in this Article
shall be applied to total value of claims arising on a distinct occasion.
8. Limits of liability referred to in this
Article shall be converted into Vietnamese dong according to the exchange rate
announced by the State Bank on the payment date.
Article 302. Limitation
fund
1. Any person entitled to limit liability in
accordance with this Code may constitute a limitation fund to claims subject to
limitation. The fund shall be constituted in the sum of such of the amounts set
out in Article 301 hereof together with interest thereon from the date of the
occurrence giving rise to the liability until the date of the constitution of
the fund.
2. Any fund thus constituted shall be shall be
distributed among the claimants in proportion to their established claims
against the fund’s total value.
3. A fund may be constituted, either by
depositing the sum or by providing other forms of security by the ship owner
acceptable by the Court.
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5. If, before the fund is distributed, the
person liable, or any person entitled to limitation of liability, has settled a
claim against the fund such person shall, up to the amount he has paid, acquire
the rights by subrogation which the person so compensated would have enjoyed
under this Code.
6. The shipowner’s act of establishing a
limitation fund shall not constitute his admission of liability.
Chapter XVIII
MARINE INSURANCE
CONTRACT
Section 1. GENERAL PROVISIONS
Article 303. Marine
insurance contract
1. A contract of marine insurance refers to a
contract of insurance against marine risks whereby the assured is bound to pay
agreed premiums and the insurer undertakes to indemnify the assured against
marine losses that fall under the insurance coverage in manner and to the
extent thereby agreed.
Maritime perils refer to the perils consequent
on, or incidental to, the navigation of the sea, including perils of the seas,
fire, explosion, war perils, pirates, thieves, seizures, captures, restraints,
detainments, jettisons, procurements, requisitions, acquisitions by the
Government, illegal acts and any other perils, either of the like kind or which
may be designated by the insurance contract.
2. A marine insurance contract may be extended
in accordance with specific conditions or trade practices so as to protect the
assured against losses on inland waters or on any road, rail and aviation risk
which may be incidental to any sea voyage
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Article 304. Subject of a
marine insurance contract
1. The subject of a marine insurance contract
refers to any pecuniary benefit relating to marine operations.
2. The subject of a marine insurance contract
includes:
a) Sea-going ships, ships in course of building,
goods or any property are exposed to maritime perils;
b) Freight for carriage of goods, charges for
hiring or hiring and purchase of a ship, estimated interest on goods,
commissions, loans or security for any advance, expenses endangered by the
exposure of sea-going ships, ships in course of building, goods or any other
property to maritime perils;
c) Any liability may be incurred by reason of
maritime perils.
Article 305. Determination
of insurable interest
1. The person who has insurable interest refers
to the person who is interested in the subject of insurance in a marine
adventure.
2. A person is
interested in a marine adventure where he stands in any legal or equitable
relation to the adventure or to any insurable property at risk therein, in
consequence of which he may benefit by the safety or due arrival of insurable
property, or may be prejudiced by its loss, or by damage thereto, or by the
detention thereof, or may incur liability in respect thereof.
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Where the assured
has no interest in the subject of insurance at the time of the loss, he cannot
acquire interest by any act or election after he is aware of the loss.
4. where the
buyer of goods has insured them, he has an insurable interest, notwithstanding
that he might, at his election, have rejected the goods, or have treated them
as at the seller’s risk, by reason of the latter’s delay in making delivery or
otherwise.
5. A partial
interest of a ship, ship in course of building, goods or any other property is
insurable.
Article 306. Re-insurance
1. The insurer
may re-insure the subject matter which he has agreed to insure for other
person.
2. The reinsurance contract is independent of
the original insurance contract whereby the original insurer remains
responsible to the assured.
Article 307. Insurance
policy or certificate
1. Subject to the request of the assured, the
insurer is obliged to issue the insurance policy or certificate to the assured.
The insurance policy or certificate is the evidence that a marine insurance
contract is effected.
2. A policy may be issued in one of the
following forms:
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b) A time policy refers to an insurance policy
issued to the subject matter for a definite period of time;
c) A valued policy refers to a policy under
which the insurer agrees in advance to the value of the subject-matter
specified in the insurance policy that matches the insured value, and which
prevails in payment of indemnity for total or partial losses.
Determination of estimated total loss must be
subject to the value of the value specified in an insurance contract and
provisions laid down in paragraph 1 Article 333 hereof, unless otherwise agreed
upon in the insurance policy;
d) An unvalued policy refers to a policy which
does not specify the value of the subject-matter insured, but specify the sum
insured therein.
3. A policy must specify the following basic
elements:
a) The name of the assured, or of some person
who effects the insurance on his behalf;
b) The subject matter insured;
c) The insurance condition;
d) The period covered;
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e) Place, day and month and time of issuance of
the policy;
g) Signature of the insurer.
4. Form and content of a policy shall be applied
to an insurance certificate.
Article 308. Obligations
of the assured
1. The assured is bound to provide the insurer
with all of information which he has known or must be known relating to
effecting of the insurance contract which may have effect on determination of
likelihood of any loss or decision of the insurer on his consent to an
insurance contract and insurance conditions, exclusive of information that
everybody knows or the insurer has known or must know.
2. Obligations of the assured referred to in
paragraph 1 of this Article shall be applied to a person acting on his behalf.
Article 309. Automatic
termination of a marine insurance contract
A marine insurance contract shall be
automatically terminated in the event that, on the date of effecting thereof,
any insurable loss has occurred or is not likely to occur in reality; in this
case, the insurer is not liable for indemnity but remains entitled to collect
insurance premiums specified in the insurance contract, except to the extent
that the insurer was aware of such event before the insurance contract is
effected.
Article 310. Right of
termination of an insurance contract
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2. Before any insurance coverage commences, the
assured may request termination of the marine insurance contract but is bound
to pay the insurer administrative costs and the insurer is bound to reimburse
insurance premiums to the assured.
3. The insurer and assured shall not be allowed
to terminate the insurance contract after any insurance coverage has been
effected, unless otherwise agreed upon in the contract.
Where the insurance contract specifies that it
may be terminated after any insurance coverage commences and the assured
requests such termination, the insurer shall be entitled to collect insurance
premiums from the date of commencement of such insurance coverage to the date
of termination of such contract and the reimbursement shall be calculated in
proportion to the remaining time. Where the insurer requests termination of the
insurance contract, insurance premiums paid for the remaining period of time
shall be reimbursed to the assured from the date of making the request for
termination to the date of contract expiration.
4. Provisions of paragraph 2 of this Article
shall not be applied to the case in which the assured requests termination of
the contract of insurance for goods and contract of voyage insurance for ships
after commencement of insurance coverage.
Section 2. INSURED VALUE
AND SUM INSURED
Article 311. Insured value
The insured value refers to the actual value of
the subject matter insured and is determined as follows:
1. The insured value of a ship refers to the
total value of such ship at the date of commencement of insurance contract.
This value includes value of machinery, equipment, spare parts of the ship
together with all of insurance premiums. Value of the ship additionally
includes advance wages paid to crew members and costs of making preparations
for a sea voyage as agreed upon in the contract;
2. The insured value of a good refers to the
value of a good specified in the invoice issued at the place of loading or the
market price prevailing at the place and time of loading goods together with
insurance premiums, freight rate imposed on carriage service and estimated
interest (if applicable);
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4. The insured value of other subject matter
insured, except for civil liability, is the value of the subject matter insured
at the place and time of commencement of an insurance contract plus insurance
premiums.
Article 312. Sum insured
1. Upon effecting an insurance contract, the
assured must declare the sum insured for the subject matter insured.
The sum insured is the sum that the insurer must
pay the assured when an occurrence took place.
2. Where the sum insured as agreed upon in the
insurance contract is less than the insured value, the insurer shall be liable
for indemnity against any loss in the ratio between the sum insured and the
insured value, including other costs covered.
3. Where the sum insured specified in the
insurance contract is greater than the insured value, the sum in excess of the insured
value shall not be admissible.
Article 313. Double
insurance
1. Where two or
more policies are effected by or on behalf of the assured on the same subject
matter insured and maritime peril, and the sums insured exceed the insured
value, the assured shall be deemed to be over-insured by double insurance.
2. In the case of the double insurance referred
to in paragraph 1 of this Article, all of the insurers shall only be liable for
indemnity within the extent of the insured value and each of them shall only
assume liability which is ratable with the sum insured by himself.
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Article 314. Assignment of
policy
1. A marine policy
is assignable unless it contains terms expressly prohibiting assignment.
It may be assigned either before or after loss.
2. The person who has no interest in the subject
matter insured cannot assign any marine policy.
Article 315. Assignment of
policy
A marine policy may be assigned by the assured’s
bearing his signature on the policy or in accordance with trade practices.
Section 4. OPEN COVER
INSURANCE
Article 316. Open cover
insurance
1. Open cover insurance is a line of package
insurance for the subject matter insured which is a single good or several
goods that the assured sends or receives during a specified period of time.
2. The open-policy insurer is obliged to issue
the open cover policy or certificate to each shipment or good upon the request
of the assured.
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1. The assured in an open cover contract shall
be obliged to promptly notify the insurer after receiving information relating
to delivery or receipt of goods and each notification must include name of the
ship, voyage route, goods and sum insured, even to the extent that goods have
already been delivered or arrived at the port of discharge before the insurer
receives this notification.
2. Where the assured intentionally or
negligently fail to fulfill his obligations referred to in paragraph 1 of this
Article, the insurer shall be entitled to terminate the open cover contract and
remain entitled to insurance premiums to the same extent that such contract is
performed.
Article 318. Termination
of an open cover contract
Parties shall be vested with the right to
terminate an open cover contract provided that they must notify each other of
such termination before a period of 90 days.
Section 5. PERFORMANCE OF
MARINE INSURANCE CONTRACT
Article 319. Payment of
insurance premiums
The assured is bound to pay the insurer
insurance premiums immediately after the contract is effected or an insurance
policy or certificate is issued, unless otherwise agreed upon by parties.
Article 320. Notice of
increased risk
1. After the contract is effected and there is
any change to insurable risks which leads to increases in risk levels, the
assured shall be liable to notify the insurer of such change promptly after his
knowledge of that increase.
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Article 321. Obligations
of the assured in a loss
1. Where any loss relating to maritime perils
insured arises, the assured shall be obliged to take any necessary measure to
prevent and control such loss and ensure that the insurer’s right of submission
of claims against the person at fault for such loss is exercised. Upon
fulfilling this obligation, the assured must follow sound instructions of the
insurer.
2. The insurer shall not be liable for any loss
arising out of the assured’s neglect or willful failure to fulfill his
obligations referred to in paragraph 1 of this Article.
Article 322. Insurer’s liabilities
for reimbursement
The insurer shall be responsible for reimbursing
the assured for reasonable and necessary costs spent by the assured on
prevention or control of loss covered; costs spent on implementation of
instructions of the insurer provided for in Article 321 hereof or costs spent
on defining causes and levels of such losses covered by the insurer as well as
contributions to general average losses. Such costs must be reimbursed in the
proportion of the sum insured and the insured value.
Article 323. Insurer’s
liabilities for indemnification
1. The insurer shall be liable for indemnity
against losses directly resulting from insurable risks covered by the sum
insured and reimbursement for costs referred to in Article 322 hereof, even
though the total sum payable to the assured may exceed the sum insured.
2. The insurer shall not be liable for losses
arising from willful acts or negligence of the assured but remain responsible
for indemnity against losses resulting from omission or fault on the part of
the master who is also the assured during his navigation, management of the
ship and losses arising through the fault of crew members or pilots.
3. Under an insurance contract for ship body
extended so as to provide an additional indemnity against losses relating to
liabilities in a collision, apart from liabilities to provide indemnity for
losses that fall upon any subject matter insured, the insurer shall be further
responsible for indemnifying third parties for their losses to the extent of the
assured’s liabilities for such losses resulting therefrom, even though the
total sum of indemnity may exceed the sum insured.
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In addition to providing indemnity for the total
sum insured, the insurer shall be responsible for reimbursing costs in order to
prevent and minimize losses or repair or recovery of the subject matter insured
that paid by the assured prior to receipt of the notice from the insurer.
Article 324. Cover against
successive losses
1. The insurer is
liable for successive losses, even though the total amount of such losses may
exceed the sum insured, unless the policy otherwise provides.
2. Where a
partial loss, which has not been repaired or otherwise covered, is followed by
a total loss, the assured can only recover in respect of the total loss.
3. Provisions set forth in paragraph 1 and 2 of
this Article shall not exclude the insurer from liabilities for indemnification
against costs incurred from his performance of policy liabilities referred to
in Article 323 hereof.
Article 325. Relief of
insurer’s liabilities
1. Unless otherwise agreed upon in an insurance
contract, when insuring a ship and freight, the insurer shall be discharged
from liability for losses arising out of the following circumstances:
a) The ship is not seaworthy at the time of
departure, except to the extent that the ship contains latent defects or
unavoidable events take place even though the assured has exercised his due
care of this;
b) Substances or materials of explosive and
inflammable nature or other dangerous goods are loaded onto the ship which is
inconsistent with regulations on carriage of such goods if the assured knows
but the insurer does not know this.
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a) Nature of goods;
b) Escape, discharge, wastage or natural wear
and tear of goods;
c) Insufficiency or defective conditions of
packing;
d) Delay in supply of goods.
3. Unless otherwise agreed upon in an insurance
contract, the insurer shall not be liable for losses of subject matters insured
resulting from wars or military acts to whatever extent and consequences
arising therefrom; extortions; commotions; strikes or losses resulting from
procurements, requisitions, acquisitions, arrests, destructions of the ship or
goods under any military orders or decisions of competent authorities.
Section 6. ASSIGNMENT OF
RIGHT OF CLAIM FOR INDEMNITY
Article 326. Assignment of
right of claim for indemnity
When paying indemnity to the assured, the
insurer shall be vested with the right to claim back the sum which he has been
paid as indemnity against the person at fault for such losses (hereinafter
referred to as third party). The insurer shall enforce this right in accordance
with regulations on the assured.
Article 327. Obligations
of the assured in submission of a claim against third parties
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2. Where the assured fails to secure his
obligations referred to in paragraph 1 of this Article or commits any fault
leading to the insurer's failure to exercise his right, the insurer shall be
entitled to discharge from obligations to pay indemnity or reduction in such
indemnity at a reasonable rate.
3. Where the assured has received payment of
indemnity against losses from the third party, the insurer shall be bound to
pay only differential between an amount of indemnity payable agreed upon in the
insurance contract and an amount of indemnity that the assured received from
the third party.
Article 328. Guarantee of
general average contribution
1. The insurer must sign a guarantee of general
average contribution that is restricted to an amount falling within the sum
insured by a commitment on general average contribution made by the assured,
unless otherwise agreed upon in the insurance contract.
2. When distributing general average losses, the
assured is obliged to exercise due care of the insurer’s interests.
Section 7. ABANDONMENT OF
SUBJECT MATTERS INSURED
Article 329. Right of
abandonment of subject matters insured
1. The assured shall be entitled to abandon any
subject matter insured and assign the insurer his rights and obligations
related to such subject matter in order to receive any indemnity against a
total loss to the extent that total loss of such subject matter insured is
unavoidable or prevention of such loss may incur costs which are much greater
than the value thereof.
2. Right of abandonment of a subject matter
insured may be applicable in the event that a ship is wrecked, extorted,
damaged due to marine accidents to the extent that it can not be repaired, or
it has proved uneconomical to repair, recover or pay a ransom to get the ship
back.
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Article 330.Method of and
duration for exercise of right of abandonment of subject matters insured
1. Exercise of the right of abandonment of a
subject matter insured must be declared in writing whereby bases for
enforcement of right of abandonment thereof are clearly stated.
2. Declaration of abandonment of the subject
matter insured must be sent to the insurer within a reasonable duration which
does not exceed 180 days from the date on which the assured was aware of events
as bases for enforcement of right of abandonment, or within 60 days from the
date of expiration of the insurance term to the extent that the ship or any
good is extorted or ownership thereof is lost due to other causes; after the
duration stipulated herein, the assured shall be deprived of the right thereof
but remain entitled to claim any indemnity against losses.
3. Any condition is not attached to abandonment
of the subject matter insured; if the abandonment is accepted, neither the
insurer nor the assured is entitled to change his decision.
Article 331. Obligations
of the assured in declaration of abandonment of the subject matter insured
In declaration of abandonment of the subject
matter, the assured is bound to provide the insurer with information about the
property ownership in respect of the subject matter insured, other sums insured
of which limits that the assured was aware.
Article 332. Duration for
the insurer’s acceptance or waiver of abandonment of the subject matter insured
1. Within a duration of 30 days of receipt of a
declaration of abandonment of the subject matter insured, the insurer is bound
to notify the assured of whether such abandonment is accepted or waived; after
this duration, the insurer shall be subject to loss of his right of waiver
thereof.
2. Rights and obligations related to the subject
matter insured shall be assigned to the insurer immediately after the insurer
sends a notice of acceptance of abandonment; the insurer may not claim such
right.
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Article 333. Indemnity against
a total loss
1. An estimated total loss refers to an loss
arising out of damage to a ship or any good whereas such damage causing the
total loss is unavoidable or costs of repair or recovery thereof exceed value
of the repaired ship or the market price of such good determined at the port of
discharge; in this case, the assured must send a declaration of abandonment of
the subject matter insured to the insurer prior to claiming for payment of the
sum insured.
2. An actual total loss refers to a loss resulting
from total destruction of or damage to a ship or any good which is
unrecoverable, or missing ship along with goods on board; in this case, the
assured may claim coverage from the insurer for the sum insured without having
to declare abandonment of the subject matter insured.
3. Where a missing ship is the insured ship
under a fixed-term insurance contract, the insurer shall only be liable for any
indemnity if he receives the last information about that ship prior to its
expiration of coverage term. The insurer shall not be liable for any indemnity
if it is proved that the ship has gone missing after the coverage term expires.
Article 334. Reimbursement
for the sum insured
Where the insurer has paid indemnity and the
ship then escape from any maritime peril, the insurer shall be entitled to
request the assured to continue his ownership of such ship and reimburse such
given indemnity after indemnity against the partial loss of such ship is
deducted therefrom on condition that such partial loss is directly
consequential on maritime perils insured.
Section 8. CLAIM PAYMENT
Article 335. Liability to
pay claims
When paying indemnity against losses of the
subject matter insured, the insurer shall be entitled to request the assured to
explain related events, provision of materials or necessary evidence for
assessment of such events and loss levels.
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The statute of limitation for submission of a
claim regarding marine insurance contract lasts for 02 years from the date on
which any dispute arises.
Chapter XIX
RESOLUTION OF MARITIME
DISPUTES
Article 337. Maritime
dispute
Maritime dispute refers to any dispute relating
to marine operations.
Article 338. Rules for
settlement of maritime disputes
1. Disputing parties may settle maritime
disputes by entering into negotiations, agreements or submitting claims to the
competent Arbitration or Court.
2. Maritime disputes shall be resolved by the Arbitration
or Court in accordance with jurisdiction or procedures provided for by laws and
regulations.
Article 339. Resolution of
a maritime dispute in which at least one disputing party who is the foreign
organization or individual is involved
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2. Where all parties involved in any maritime
dispute are foreign organizations or individuals and enter into a written
agreement on settlement of such dispute by a Vietnamese Court, that Court shall
be vested with authority to settle such dispute even when the disputing place
is located outside of the territory of Vietnam.
3. Any maritime dispute referred to in paragraph
2 of this Article may also be settled by the Vietnamese Court if bases for
establishment, change or termination of relationship between disputing parties
are consistent with the Vietnamese laws or property relating to such
relationship is located within the territory of Vietnam.
Chapter XX
IMPLEMENTARY PROVISIONS
Article 340. Effect
1. This Code shall enter into force from January
7, 2017.
2. The 2005 Maritime Code shall become null and
void from the date of the entry into force of this Code.
Article 341. Detailed
regulations
The Government and competent state agencies
shall provide details for provisions which are effected in the Code.
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THE CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung