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THE
MINISTER OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
12/2011/TT-BGTVT
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Hanoi,
March 30, 2011
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CIRCULAR
PROVIDING
FOR THE GRANT AND REVOCATION OF THE CERTIFICATE OF INSURANCE OR FINANCIAL
SECURITY UNDER THE 1992 INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL
POLLUTION DAMAGE
Pursuant to the June 14, 2005
Vietnam Maritime Code;
Pursuant to the Government's Decree No. 51/2008/ND-CP of April 22, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Transport;
Pursuant to the 1992 International Convention on Civil Liability for Oil
Pollution Damage, to which Vietnam is a contracting party;
The Minister of Transport provides for the grant and revocation of the
certificate of insurance or financial security under the 1992 International
Convention on Civil Liability for Oil Pollution Damage as follows;
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular
provides for the competence, order and procedures for the grant and revocation
of the certificate of insurance or financial security for civil liability for
oil pollution damage under the 1992 International Convention on Civil Liability
for Oil Pollution Damage (below referred to as the 1992 CLC).
Article 2.
Subjects of application
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Chapter II
PROCEDURES FOR GRANT AND REVOCATION OF THE CERTIFICATE
OF INSURANCE OR FINANCIAL SECURITY FOR CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
Article 3.
Certificate of insurance or financial security for civil liability for oil
pollution damage
1. The
certificate of insurance or financial security for civil liability for oil
pollution damage (below referred to as the certificate) is granted by the
national or regional seagoing ship registration agencies (below referred to as
seagoing ship registries) specified in Article 10 of this Circular to attest
that the insurance policy or other financial security for a seagoing ship is in
force in compliance with Article VII of the 1992 CLC.
2. The
validity duration of a certificate granted to a seagoing ship corresponds to
the period stated in the insurance policy or the financial security certificate
of such ship.
3. The
original certificate shall be granted to the ship owner while its copy shall be
kept at the seagoing ship registry.
Articje 4.
Subjects to be granted a certificate
"Vietnamese
seagoing ships and seagoing ships under foreign flags carrying more than 2,000
tons of oil in bulk will be granted certificates.
Article 5.
Conditions for the grant of a certificate
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Article 6.
Dossiers of application for a certificate
1. A dossier
of application for a certificate comprises:
a/ An
application of the ship owner, made according to the form provided in Appendix
I to this Circular (not printed herein);
b/ The
original insurance policy or financial security certificate in compliance with
the 1992 CLC; in case the insurance policy is reinsured, the ship owner shall
also submit the original certificate of reinsurance issued by the relevant
reinsurer.
In case the
insurance policy, certificate of financial security or certificate of
reinsurance for the ship owner's civil liability is issued electronically, the
ship owner shall provide the official and lawful website address of the issuer
for examination;
c/ A copy of
the seagoing ship registration certificate.
2. The ship
owner shall submit 1 dossier set.
Article 7.
Methods of submitting dossiers
Ship owners
may submit their dossiers directly or by post to seagoing ship registries.
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1. A ship
owner shall submit the dossier directly or by post to a seagoing ship registry.
2.
Responsibility of the seagoing ship registry:
a/ In case of
direct submission: The seagoing ship registry shall receive and check the
dossier according to regulations, make an entry in the incoming-mail book and
give a written appointment to receive the reply within the time limit specified
in Article 9 of this Circular;
b/ In case of
submission by post: The seagoing ship registry shall receive and check the dossier
according to regulations and record the date of dossier receipt indicated in
the postmark in the incoming-mail book. The date of recording the dossier
receipt in the incoming-mail book shall serve as the basis for determining the
deadline for the grant of the certificate according to regulations;
c/ For
invalid dossiers: In case the dossier is submitted directly, the seagoing ship
registry shall guide the ship owner in completing the dossier according to
regulations; in case the dossier is sent by post, within 2 working days after
receiving the dossier, the seagoing ship registry shall make a written reply,
requesting the ship owner to supplement and complete the dossier;
d/ In case
the dossier is unqualified as prescribed, within 3 working days after receiving
the dossier, the seagoing ship registry shall make a written reply, clearly
stating the reason.
Article 9.
Time limit for the grant of a certificate
Within 3
working days after receiving a complete dossier according to regulations, the
seagoing ship registry shall grant a certificate according to the form provided
in Appendix II to this Circular (not printed herein).
Article
10. Certificate-granting agencies
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1. The
national seagoing ship registry is the Vietnam Maritime Administration.
2. Regional
seagoing ship registries, including:
a/ Maritime
Administration of Hai Phong City;
b/ Maritime
Administration of Ho Chi Minh City;
c/ Da Nang
Port Authority.
Article
11. Revocation of a certificate
A certificate
shall be revoked in any of the following cases:
1. The
certificate holder forges, modifies or erases the certificate, leading to a
change in its contents;
2. The
certificate holder sells, buys, leases or borrows the certificate;
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Article
12. Fee for grant of a certificate
The fee for
grant of a certificate complies with the Ministry of Finance and is paid to
seagoing ship registries before a certificate is handed over.
Chapter
III
ORGANIZATION OF IMPLEMENTATION
Article
13. Responsibilities of the Vietnam Maritime Administration and concerned
organizations and individuals
1. The
Vietnam Maritime Administration shall assume the prime responsibility for, and
coordinate with concerned agencies in, implementing this Circular.
2. Ship
owners and concerned organizations and individuals shall implement this
Circular and the 1992 CLC.
Article
14. Effect
This Circular
takes effect on June 01, 2011.
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The directors
of the Office and the Inspectorate of the Ministry of Transport, directors of
departments, the director of the Vietnam Maritime Administration, directors of
regional maritime administrations, the director of Da Nang port authority,
heads of concerned agencies and units and concerned individuals shall implement
this Circular. -
MINISTER
OF TRANSPORT
Ho Nghia Dung