|
THE OFFICE OF
THE NATIONAL ASSEMBLY OF VIETNAM
----------
|
THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
|
|
No. 52/VBHN-VPQH
|
Hanoi, March 18, 2026
|
VIETNAM MARITIME CODE
Vietnam Maritime Code No.
95/2015/QH13 dated November 25, 2015 of the National Assembly of Vietnam,
coming into force from July 01, 2017, is amended by:
1. The Law No.
35/2018/QH14 dated November 20, 2018 of the National Assembly of Vietnam
providing amendments to some articles on planning of 37 laws, coming into force
from January 01, 2019;
2. The Pricing Law No.
16/2023/QH15 dated June 19, 2023 of the National Assembly, coming into force
from July 01, 2024;
3. The Law No.
81/2025/QH15 dated June 24, 2025 of the National Assembly providing amendments
to the Law on Organization of People’s Courts, coming into force from July 01,
2025;
4. The Law on Planning No.
112/2025/QH15 dated December 10, 2025 of the National Assembly, coming into
force from March 01, 2026.
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam hereby promulgates the Vietnam Maritime Code[1].
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
GENERAL PROVISIONS
Article 1. Scope
1. This Code provides for
maritime operations, including regulations on sea-going ships, seafarers,
seaports, navigational channels, dry 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 production storage units, 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.
2. Where provisions of
this Vietnam Maritime Code differ from those of other laws in respect of the
same matter relating to maritime operations, the provisions of this Code shall
prevail.
Article 2. Regulated
entities
This Code shall apply to
Vietnamese organizations and individuals; overseas organizations and
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article
4. Definitions
For the purposes of this
Code, terms used herein shall be construed as follows:
1. Watercraft refers
to any craft capable of operating on, above, or below the surface of water,
including ships, vessels, boats and other craft, whether self-propelled or
non-self-propelled.
2. Official-duty ship refers
to any watercraft designated exclusively for the performance of public duties
on behalf of the State and not used for commercial purposes.
3. Submarine refers
a craft capable of independent operation on, above and below the surface of
water.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Floating production
storage unit refers to a floating structure designed and used for the
storage and preliminary processing of oil in support of petroleum exploration,
exploitation, and processing activities.
6. Mobile offshore unit
refers to a floating structure designed and used for offshore exploration,
exploitation, and other marine operations.
7. Floating dock refers
to a non-self-propelled floating structure used for lifting and lowering
watercraft for the purposes of shipbuilding, repair, maintenance, or inspection.
8. Port land area refers
to a delimited land area designated for the construction and installation of
wharves, warehouses, storage yards, workshops, offices, service facilities,
transport and communication systems, electricity and water supply systems,
other auxiliary works, and equipment installations.
9. Port water area refers
to a delimited water area designated for the establishment of waters adjacent
to wharves, turning basins, anchorage areas, transshipment areas, storm shelter
areas, pilot boarding and disembarking areas, quarantine areas, navigational
channels, and for the construction of other auxiliary works and installations.
10. Port terminal refers
to an area within a seaport comprising both land and water areas designated for
the construction and operation of wharves, warehouses, storage yards,
workshops, offices, service facilities, transport, communications, electricity
and water supply systems, waters adjacent to wharves, navigational channels,
and other auxiliary works and installations. A port terminal comprises one or
more wharves.
11. Wharf refers to
a fixed or floating structure forming part of a port terminal, used for the
berthing of watercraft, cargo handling, embarking and disembarking of
passengers, and the provision of other maritime services.
12. Dry port refers
to a component of the transport infrastructure system serving as an inland
transport hub associated with the operation of seaports, airports, inland
waterway ports, railway terminals, and land border gates, and functioning as a
customs and logistics gateway for import and export cargo transported by sea.
13. Anchorage area refers
to an area of water established and publicly notified for watercraft to anchor
before berthing at the wharf, or floating production storage unit, entering
into a transshipment area, or transiting a navigational channel, or rendering
other maritime services.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
15. Storm shelter refers
to an area of water established and publicly notified for watercraft to anchor
or take shelter from storms and other natural disasters.
16. Pilot embarkation
and disembarkation area refers to an area of water established and publicly
notified for watercraft to carry out pilot embarkation and disembarkation.
17. Quarantine area refers
to an area of water established and publicly notified for watercraft to anchor
for the purposes of quarantine in accordance with laws and regulations.
18. Turning basin refers
to an area of water established and publicly notified for watercraft to turn
around.
19. Navigational
channel refers to a delimited part of a water area, established and marked
by aids to navigation and other auxiliary works, ensuring the safety of
navigation for ships and other watercraft. Navigational channels include public
and dedicated navigational channels.
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. Maritime signaling
system refers to maritime 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 watercraft.
23. Domestic maritime
transport means the carriage of cargo, passengers and baggage by ships
between points of loading and unloading located within the territorial waters
of Vietnam.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
25. GT refers to an
abbreviated symbol of gross tonnage of a ship determined under the 1969
International Convention on Tonnage Measurements of Ships.
Article
5. Freedom of agreement in contracts
1. Parties to contracts
concerning maritime operations have rights to enter into private negotiations,
unless otherwise restricted by this Code.
2. Parties to contracts
relating to maritime 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.
3. If stipulated by this
Code or agreed upon by parties in contracts, foreign laws may be applied in
Vietnam with respect to contractual relations pertaining to maritime operations
provided that such laws are not inconsistent with basic rules of Vietnamese
laws.
Article 6. Maritime
operation rules
1. Maritime 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. Maritime operations
must ensure maritime safety and security; national defense and security;
protection of interests, sovereignty, sovereignty right and jurisdiction of the
Socialist Republic of Vietnam.
3. Maritime operations
must be consistent with the national socio-economic development strategy and
the scheme, planning and proposal for traffic and transportation development.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 7. State
policies on maritime development
1. The State shall adopt
regulatory policies on maritime development for maritime economic development
and national defense purposes.
2.[2] Prioritize development of
maritime infrastructure by adopting preferential policies applied to master
planning for maritime infrastructure, detailed planning for maritime
infrastructure[3],
planning for development of inland port system, 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.
4. Prioritize development
of maritime workforce; development of crew members that can meet domestic and
international demands by adopting seafarer training and education policies;
employment standards and benefits of seafarers.
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 maritime operations in accordance with
Vietnamese laws and regulations.
Article
8. Domestic Maritime Transport Rights
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Organizations or
individuals engaging in domestic maritime transport shall meet the requirements
imposed by the Government.
2. Domestic transport
which is not subject to regulations laid down in Clause 1 of this Article shall
be allowed under the following circumstances:
a) Transport oversized and
overweight cargo or other cargo by dedicated ships; relieve congestion of
cargo, passengers and baggage at ports where Vietnamese-flagged ships
stipulated in Clause 1 of this Article do not have sufficient transport
capacity;
b) Carry passengers and
baggage from cruise ships to the mainland and in the opposite direction by using
feeder ships of these cruise ships;
c) Serve the purpose of
preventing and mitigating natural disasters and epidemics, or providing urgent
humanitarian aids.
3. The Minister of
Transport of Vietnam shall set regulations on licensing authority and procedure
for ship operations as referred to in Clause 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 maritime
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime 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 maritime
operations.
7. Administer the work of
training and drilling for maritime workforce development.
8. Manage scientific and
technological activities in the maritime area; protect environment;
environmental protection, natural disaster prevention and sheltering as well as
response to climate change in maritime operations.
9. Manage price, fee and
charge in the maritime sector.
10. Conduct the work of
maritime 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
cooperation.
12. Inspect, examine and
resolve complaints or accusations as well as handle violations in maritime
operation in accordance with laws and regulations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The Government shall
carry out consistent state management of maritime affairs.
2. The Ministry of
Transport of Vietnam shall take responsibility to the Government for carrying
out its state management of maritime affairs.
3. The Maritime Regulatory
Authority directly affiliated to the Ministry of Transport of Vietnam shall
assist the Minister of Transport of Vietnam in carrying out state management of
maritime affairs in accordance with laws and regulations.
4. Ministries and ministerial
agencies shall, within their assigned duties and delegated powers, cooperate
with the Ministry of Transport in state management of maritime affairs.
5. The People’s Committees
at all levels shall, within the ambit of their assigned duties and delegated
powers, carry out state management of maritime affairs duties at their
localities under their management.
Article
11. Maritime inspectorate
1. The maritime
inspectorate directly affiliated to the Maritime Regulatory Authority 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article 12. Prohibited
acts in maritime operations
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 maritime 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime construction works.
10. Damage, destroy and
intentionally move or reduce the efficacy of maritime signaling systems.
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.[4] Illegally build and operate
seaports and other structures within the boundaries specified in master
planning for maritime infrastructure, detailed planning for maritime
infrastructure[5],
planning for development of inland port system and other relevant planning in
accordance with regulations of the law on planning, and within navigational
channels and safety perimeter of maritime works.
13.
Develop construction projects which may reduce or eliminate effects of maritime
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
SEA-GOING SHIPS
Section 1. GENERAL
PROVISIONS
Article 13. Sea-going
ships
Sea-going ship
(hereinafter referred to as “ship”) refers to floating movable means specially
designed for operations at sea.
Ship referred to in this
Code shall not include military ships, official-duty ships, fishing ships,
inland watercraft, submarines, submersibles, hydroplanes, floating production
storage units, mobile offshore units and floating docks.
Article 14.
Vietnamese-flagged ships
1. Vietnamese-flagged ship
means a ship which has been registered in the Vietnam National Ships
Registration Book or permitted by an overseas Vietnamese mission to
provisionally fly the Vietnamese flag.
2. Vietnamese-flagged
ships shall have the right and obligation to fly Vietnamese national ensign.
3. Only Vietnamese-flagged
ships are entitled to fly Vietnamese national ensign.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Shipowner 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 shipowner prescribed by this Code as agreed upon with a
shipowner.
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 shipowner.
Article 16. Flying of
flag on board watercraft
1. A Vietnamese ship must
fly the national flag of the Socialist Republic of Vietnam when operating.
Other watercraft operating
within Vietnamese seaports must fly the national flag of the Socialist Republic
of Vietnam.
2. Watercraft flying the
flag of a foreign State operating within Vietnamese seaports shall comply with
applicable Vietnamese regulations when flying their national flag or sounding
their whistle on occasions of national ceremony or celebration of the flag
State.
3. The Government shall
elaborate this Article.
Section
2. SHIP REGISTRATION
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Ship registration is
the work of recording and storing information about ships in the Vietnam
National Ships Registration Book and issue of the Certificate of registration
of Vietnamese-flagged ship under the provisions of this Code and other relevant
laws and regulations.
2. Forms of registration
of Vietnamese-flagged ship shall be included as follows:
a) Indefinite registration
of ship;
b) Definite registration
of ship;
c) Registration of
information change;
d) Temporary registration
of ship;
dd) Registration of ship
under construction;
e) Registration of
small-sized ship.
Article 18. Rules of
ship registration
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) A ship of a Vietnamese
organization or individual is registered in the Vietnam National Ships
Registration Book, 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 Vietnam National Ships Registration Book.
Registration of a Vietnamese-flagged 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-flagged 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;
c) Applications for
registration of Vietnamese-flagged ships shall publicly processed by agencies
in charge of registering Vietnamese-flagged ships (ship registration offices)
with collecting application fees; an organization or individual applying for
such registration shall be entitled to request registration excerpts or copies
from the Vietnam National Ships Registration Book, and shall be liable for
paying such fees.
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 Vietnam National Ships Registration Book
include:
a) Engine-powered ship
that has the capacity of main engine of more than 75 kilowatt (KW);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Ships which have
smaller sizes than those stipulated in Points a and b of this Clause, but
operate on international navigation routes.
2. Registration of types
of ships which are not governed under Clause 1 shall be stipulated by the
Government.
Article
20. Eligibility requirements for registration of Vietnamese-flagged ships
1. Ships must meet the
following requirements to be eligible for registration:
a) Legitimate written
proof of ownership of a sea vessel;
b) Certification of
capacity and certification of ship classification;
c) Ship’s name;
d) Certificate of
temporary suspension of registration or certificate of deregistration, which is
applicable to ships that have been registered abroad except for provisional
registration;
dd) Shipowner's business
office, branch or representative office located within the territory of Vietnam;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) All statutory fees or
charges have been paid.
2. With respect to
registration of flying of Vietnamese national ensign for a foreign-flagged ship
hired by a Vietnamese organization or individual under the bareboat charter or
hire-purchase agreement, in addition to conditions stipulated in Point a, b, c,
d, e and g Clause 1 of this Article, this bareboat charter or hire-purchase
agreement must be submitted.
Article 21. Naming of
Vietnamese-flagged ships
Vietnamese-flagged ship
must be named and this naming process must adhere to the following rules:
1. Name of a ship must be
given by its owner and is not allowed to be the same as other vessels' names
which appear in the Vietnam National Ships Registration Book;
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. Shipowner’s
responsibilities for registration of Vietnamese-flagged ship
1. The shipowner 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 competent ship registration office.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The shipowner shall be
liable for the registration fee in accordance with laws.
4. After completion of
such registration, the certificate of Vietnamese-flagged 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 shipowner shall be
responsible for notifying the ship registration office of all changes made to
registration information recorded in the Vietnam National Ships Registration
Book in an accurate, sufficient and timely manner.
6. Regulations laid down
in this Article shall apply to any Vietnamese organization or individual
entering into a bareboat charter or hire-purchase agreement.
Article 23.
Registration of ship under construction
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 Vietnam National Ships Registration Book
and shall be issued the certificate of under-construction ships. This
certificate shall not have legal value to replace the certificate of
Vietnamese-flagged 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 24. Basic
contents of Vietnam National Ships Registration Book
1. The Vietnam National
Ships Registration Book must have the following basic contents:
a) Old and new name of a
ship; office name and address of the shipowner; name and address of the branch
or representative office of the foreign-flagged shipowner 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;
c) Registration number;
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
i) Information about
registration of a ship mortgage.
2. All changes to the
registration contents referred to in Clause 1 of this Article must be clearly
entered into the Vietnam National Ships Registration Book.
Article
25. Deregistration of Vietnamese-flagged ships
1. A Vietnamese-flagged
ship shall be deleted from the Vietnam National Ships Registration Book under
the following circumstances:
a) It is demolished,
disassembled, wrecked or sunken without possibility of salvage;
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 shipowner or the person bearing the name in the application
for registration of ship.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. When approving an
application for deregistration of a Vietnamese-flagged ship or a ship under
construction, the ship registration office shall revoke the certificate of
registration of Vietnamese-flagged ship or the certificate of registration of
ship under construction as well as issue a certificate of deregistration.
Article 26. Specific
provisions on registration and deregistration of Vietnamese-flagged ships
The Government shall
provide detailed provisions on procedures for registration or deregistration of
Vietnamese-flagged ships; 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 a foreign organization or
individual is allowed for registration of its flying of Vietnamese national
ensign.
Article 27.
Registration of official-duty ship, submarine, submersible, floating production
storage unit and mobile offshore unit
Official-duty ship,
submarine, submersible, floating production storage unit and mobile offshore
unit shall be registered in accordance with regulations laid down in this
Section.
The Government shall
elaborate such regulation in this Article.
Section
3. INSPECTION OF VIETNAMESE-FLAGGED SHIPS
Article 28. Inspection
of Vietnamese-flagged ships
1. Vietnamese-flagged
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 29. Rules of
inspection of Vietnamese-flagged ships
1. Vietnamese-flagged
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-flagged 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-flagged
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.
4. Vietnamese-flagged
ships which operate on international routes shall be inspected, graded and
accredited by certification in accordance with laws and international
agreements to which the Socialist Republic of Vietnam is a party.
Article 30. Types of
ships subject to inspections
1. Types of ships referred
to in Clause 1 Article 19 hereof shall be subject to inspections.
2. Inspection of ships
which are not prescribed in Clause 1 of this Article shall be subject to
regulations adopted by the Minister of Transport of Vietnam.
Article 31.
Responsibilities regarding ship inspections
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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-flagged 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.
Article 33. Inspection
of official-duty ship, submarine, submersible, floating production storage unit
and mobile offshore unit
1. Official-duty ship,
submarine and submersible shall be subject to inspection under the provisions
of this Section.
2. The Minister of
Transport of Vietnam 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 mobile offshore units.
Section
4. CERTIFICATION AND DOCUMENTATION OF SHIPS
Article 34.
Certification and documentation of ships
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The Minister of Transport
of Vietnam 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.
Article 35. Certificate
of capacity of ship
1. In order to operate
within port water area and Vietnamese waters, a Vietnamese and foreign-flagged
ship must have the certificate of capacity granted by an accredited Vietnamese
inspecting organization or foreign-flagged 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 Clause 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 shipowner 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 ships
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Transfer of ownership
of a Vietnamese-flagged ship shall become effective if such transfer is
recorded in the Vietnam National Ships Registration Book.
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.
5. The Government shall
adopt regulations on conditions and procedures for transfer of ownership of a
ship in the form of ship sale and purchase.
Article 37.
Vietnamese-flagged ship mortgage
1. Ship mortgage refers to
a shipowner’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 shipowner shall
have the right to provide the mortgagee with a Vietnamese-flagged ship under
his ownership in accordance with regulations enshrined in this Code and other
relevant laws or regulations.
3. Agreement on
Vietnamese-flagged ship mortgage must be in writing. The ship mortgage must be
consistent with Vietnamese laws and regulations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 38. Rules of
Vietnamese-flagged 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.
4. One ship may be
mortgaged to secure a lot of obligations if value of the mortgaged ship is
greater than total value of such obligations, unless otherwise agreed.
Priority order of ship
mortgages shall be determined, based on the order of registration of an
equivalent ship mortgage recorded in the Vietnam National Ships Registration
Book.
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article 39.
Registration of Vietnamese-flagged ship mortgage
1. Registration of
Vietnamese-flagged 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Information about
registration of the mortgaged Vietnamese-flagged 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
elaborate registration of mortgaging of Vietnamese-flagged ship.
Section
6. MARITIME LIEN
Article 40. Maritime
lien
1. A maritime lien means
the right of a maritime claimant specified in Article 41 of this Code to have
priority in claiming compensation against the shipowner, charterer or operator
of the ship in respect of a maritime claim arising from that ship.
Maritime claim refers to a
party requesting another party to secure any obligation that may arise out of
maritime 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
3. Maritime claims on
deadweight tonnage charge, maritime safety charge and other seaport fees or
charges.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 4 Article 41
hereof, the maritime claim that may arise after others shall be settled prior
to other maritime claims.
Article 43. Statute of
limitations for maritime lien
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 Clause 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
maritime operations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The maritime lien shall
be terminated from the date on which the shipowner, 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
shipowner, 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 SHIPS
Article 44.[6]
(abrogated)
Article
45. Ship building and repair establishments
1. Ship building and
repair establishment refers to an enterprise which is established and operates
under legal regulations and must meet the following conditions:
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The Minister of
Transport of Vietnam shall adopt the national technical regulation applied to
ship building and repair establishments.
3. The provincial-level
People’s Committee 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
elaborate Clause 1 of this Article.
Section 8. SHIP
DEMOLITION
Article
46.[7] (abrogated)
Article
47. Rules of ship demolition
1. The
ship demolition must take into account assurance of national defense, 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.[8] (abrogated)
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 elaborate ship demolition.
Chapter
III
CREW MEMBERS AND SEAFARERS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 shipowner 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 Clause 2 Article 59 hereof.
2. Define ranks and
rank-based roles of seafarers, except for ranks decided by the Minister of
Transport of Vietnam.
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 ship master
1. The ship master is the
person vested with the supreme command of the ship as an organization’s head.
The ship master is the person vested with the supreme command of the ship as an
organization’s head.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 53. Obligations
of 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
Clause 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 shipowner shall not be charged with responsibility for the ship master’s
breach of obligations defined in this Clause.
13. Fulfill other
obligations in accordance with laws.
Article
54. Rights of ship master
1. Act on behalf of the
shipowner and persons who are offered freight-related benefits when dealing
with work duties relating to navigation and management of the ship and cargo
carried aboard the ship.
2. Act in the name of the
shipowner and persons who are offered freight-related benefits to perform
judicial acts within his scope of work duties stipulated in Clause 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 shipowner or persons whose benefits
relate to freight declares partial or total restriction on that right of
representation.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
shipowner 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 Clause 5 of this Article in the event that expecting
the shipowner to send money or give directions may cause disadvantage or may be
impossible.
7. During the voyage, if
there is no other way to secure the necessary conditions for completing the
voyage, the master of the ship shall have the right to pledge or sell part of
the cargo, provided that all possible efforts have been made to obtain
instructions from the shipper and the shipowner, but such efforts have been
unsuccessful. In such case, the ship master must minimize any loss or damage to
the shipowner, the shipper, and other persons having an interest in the goods.
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
shipowner 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 ship master 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 56.
Responsibilities of ship master 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 official-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 cargo 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 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Whenever a maritime
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
maritime 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-flagged ship.
2. A seafarer working
aboard a Vietnamese-flagged ship must meet the following eligibility
requirements:
a) Be a Vietnamese citizen
or an overseas citizen authorized to work aboard a Vietnamese-flagged 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. A Vietnamese citizen
who meets statutory eligibility requirements shall be entitled to work aboard
an overseas ship.
4. The Minister of
Transport of Vietnam 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-flagged ship.
5. The Minister of Health
of Vietnam shall provide detailed regulations on health standards of a seafarer
licensed to work aboard a Vietnamese-flagged ship.
Article 60. Obligations
of a seafarer
1. A seafarer working
aboard a Vietnamese-flagged 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-flagged 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, cargo, 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. A Vietnamese seafarer
working aboard an overseas ship shall be obliged to comply with employment
contracts signed with the shipowner or foreign employers.
Article 61. Employment
policies and benefits of a seafarer
1. Employment policies and
benefits of a seafarer working onboard a Vietnamese-flagged 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
shipowner or the ship master orders a seafarer to abandon the ship, the
shipowner 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 shipowner 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 maritime accident or incident, the shipowner 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-flagged ship must be consistent
with employment contracts.
Article 62. Employment
contract of a seafarer
1. Before working onboard
a ship, both of a seafarer and shipowner 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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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;
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, cargo 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 Point a Clause 2 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Point a Clause 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 70 hours 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 Point a Clause 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
1. 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 65. Wage,
allowance and other income of a seafarer
1. The shipowner 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 shipowner 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 shipowner 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 shipowner 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 maritime occupational accident, which results in
his inevitable repatriation;
c) Such seafarer’s ship is
wrecked or sunken;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
shipowner 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
shipowner.
3. Costs incurred from
repatriation of a seafarer shall be covered by the shipowner, 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Statute of limitations
for any claim regarding the seafarer repatriation shall be 01 year from the
date of repatriation.
6. The shipowner shall be
responsible for keeping copies of legal documents on repatriation and providing
them for seafarers.
7. The shipowner 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 shipowner shall be liable for reimbursement for costs incurred.
9. The Minister of Finance
of Vietnam shall provide guidance on regulations laid down in Clause 7 and 8 of
this Article.
Article 67. Food and
drink
1. The shipowner 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 master or any
person appointed by the shipowner must regularly carry out checking and keeping
a record of the following contents:
a) Supply of food and
drink;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Galley and other
appliances used for preparing and serving meals.
3. The shipowner 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
of Vietnam 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 shipowner 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 maritime occupational accidents and illnesses through dissemination and
education of healthcare knowledge for seafarers.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Health
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 shipowner to seafarers suffering from maritime 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 shipowner 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 maritime
occupational accidents and diseases
1. If a maritime
occupational accident occurs, the shipowner 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Vietnam's
representative agency, if the ship is operating within the overseas waters.
2. Investigating,
enumerating and reporting maritime 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 of Vietnam shall adopt regulations on providing
an account of, investigating, enumerating and reporting maritime occupational
accidents.
Article 71. Prevention
of maritime occupational accidents and diseases
1. The shipowner shall be
responsible for developing and applying measures consistent with effective
regulations on assurance of safety and sanitation for seafarers’ maritime
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime occupational accidents relating to
seafarers and conduct annual drills.
2. The shipowner 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 master shall
be responsible for regularly and periodically expediting and inspection
implementation of measures to assure occupational safety and sanitation for
seafarers adopted by the shipowner; taking remedial actions against any
insecurity aboard the ship and reporting to the shipowner.
4. Seafarers shall be
responsible for complying with measures to assure occupational safety and
sanitation adopted by the shipowner.
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 shipowner 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 Clause 2 and 3 of this Article.
Chapter IV
SEAPORTS
Section 1. GENERAL
PROVISIONS
Article 73. Seaport
1. Seaport means an area
comprising port land and port water areas, equipped with infrastructure and
installations for watercraft to arrive at and depart from for the purposes of
cargo handling, embarking and disembarking of passengers, and the provision of
other services. A seaport may comprise one or more port terminals. A port
terminal comprises one or more wharves.
Offshore oil and gas port
means a facility constructed and installed in an offshore oil and gas
exploitation area for watercraft to arrive at and depart from for the purposes
of cargo handling and the provision of other services.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Water zones or water
areas include pilot embarkation and disembarkation areas, quarantine areas,
turning basins, anchorage areas, transshipment areas, and storm shelter areas.
4. Military ports, fishing
ports, and inland waterway ports and terminals located within port water areas
shall be subject to State management in respect of maritime safety and
security, fire and explosion prevention, and prevention of environmental
pollution in accordance with this Code and other relevant laws.
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, transshipment area and navigational
channel for the ship to enter, leave and operate in a safe manner.
3. Have advantages in
maritime transportation.
4. Act as the center of
the traffic network to facilitate inland freight transport, carriage and
transshipment 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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 the Maritime Regulatory
Authority.
Article 76. Fundamental
functions of a seaport
1. Provide services
supporting the arrival at and departure from the seaport of watercraft.
2. Provide necessary
facilities, equipment and manpower for watercraft berthing, cargo handling, and
embarking and disembarking of passengers.
3. Provide cargo
transport, loading and unloading, warehousing, storage, and cargo preservation
services within a seaport.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Provide shelter for
watercraft, and enable repair, maintenance, or other necessary services in case
of emergency.
6. Provide other services
for watercraft, personnel, and cargo.
Article 77. Rules for
naming a seaport, offshore oil and gas port, port terminal, wharf, mooring
buoys, water zones, or water area
Seaport, offshore oil and
gas port, port terminal, wharf, floating terminal, water zone, or water area
must be named according to the following rules:
1.[9]Seaport, offshore oil and gas
port, port terminal, wharf, mooring buoy, water zone, or water area must be
given a name during the formulation of planning or construction project and put
into use according to the proposals of the project owner or the relevant
authorities and organizations.
2. Names of seaports,
offshore oil and gas ports, port terminals, wharves, mooring buoys, water
zones, or water areas, shall not duplicate or cause confusion with the names of
existing seaports, offshore oil and gas ports, port terminals, wharves, mooring
buoys, water zones, or water areas, nor shall they be inconsistent with the
designated functions of such facilities and areas.
3. Names of seaports,
offshore oil and gas ports, port terminals, wharves, mooring buoys, water
zones, or water areas shall not incorporate, in whole or in part, the names of
state agencies, armed forces units, political organizations, or socio-political
organizations, unless agreed upon by the relevant agency, unit, or organization.
4. Words or symbols that
violate historical, cultural, ethical, or traditional values shall not be used
for naming purposes.
Article
78. Authority to name a seaport, offshore oil port, port terminal, wharf, floating
terminal, water area or water zone
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Head of the Maritime
Regulatory Authority shall be accorded authority to decide names given to port
terminals, wharves, floating terminals, water areas and water zones.
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 zone, port water area, and management of a navigational channel and
maritime operations that take place at a seaport.
Article 80. Temporary
prohibition on watercraft entering or leaving a seaport, port terminal, wharf,
mooring buoy, water zone or water area
1. To ensure maritime
safety and security, environmental protection, national defense, or in response
to natural disasters or epidemics, the Director of the Port Authority shall
issue a decision temporarily prohibiting watercraft from entering or leaving a
seaport, port terminal, wharf, mooring buoy, water zone or water area.
2. When the reasons for
prohibiting watercraft from entering or leaving no longer exist, the Director
of the Port Authority shall issue a decision to lift the temporary prohibition
on entering or leaving a seaport, port terminal, wharf, mooring buoy, water
zone or water area.
3. Immediately after
issuing a decision to temporarily prohibit or to lift the temporary prohibition
on watercraft entering or leaving a seaport, port terminal, wharf, mooring
buoy, water zone, or water area, the Director of the Port Authority shall
report to the Maritime Regulatory Authority and simultaneously notify the shipowner
or their agent, as well as other specialized state regulatory agencies at the
seaport.
Article 81. Master
planning for maritime infrastructure[10]
1.[11] The master planning for maritime
infrastructure is a sectoral planning.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Whilst preparing the
planning to a seaport, Ministries, ministerial agencies and provincial-level
People’s Committees shall seek written advice from the Ministry of Transport.
Article 82.
Responsibilities for formulating and managing master
planning for maritime infrastructure[13]
1. The Ministry of
Transport of Vietnam shall organize the formulation of the master planning for
maritime infrastructure[14]
and submit it to the Prime Minister for approval in accordance with regulations
of the law on planning.
2. Ministries, ministerial
agencies, and provincial-level People’s Committees shall:
a) cooperate with the
Ministry of Transport in organizing management of the master planning for
maritime infrastructure[15];
b) reserve an adequate
amount of land lots and dedicated waters for seaport system development
according to the approved planning.
Article
82a. Detailed planning for maritime
infrastructure[16]
1.[17] The detailed planning for
maritime infrastructure is a sectoral detailed planning and concretizes the
master planning for maritime infrastructure.
2.[18] (abrogated)
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Forecast of cargo
throughput and allocation of cargo to each port terminal and berth area within
the seaport;
b) Determination of the
location, scale, function, and areas of land and water zones, warehouse and
storage yards, and port logistics areas; allocation of functional zones within
the planned land and water areas of the seaport; design capacity of wharves and
port terminals; and basic technical specifications of navigation channels and
the reference vessel size for navigation along those channels;
c) Determination of the
location and basic technical specifications of wharves, port terminals, and
public maritime infrastructure; and the scale and location of facilities
serving state management functions;
d) Determination of land
use demands, investment needs, and a roadmap for the implementation of the
planning in order of investment priority;
dd) Solutions for
organizing and managing the implementation of the planning; the projected
investment for the construction of navigation channels and port facilities.
4.[20] The Minister of Transport of
Vietnam shall consider approving the detailed planning for maritime
infrastructure.
5. The detailed planning
for maritime infrastructure[21]
shall be published as prescribed by the law on planning and maritime laws.
6. The Government of
Vietnam shall elaborate the formulation, appraisal, approval, publishing,
implementation, assessment and adjustment of the detailed planning for maritime
infrastructure[22].
Article 83. Investment
in construction, management and operation of seaports and navigational channels
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 of Vietnam.
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 sea lane
The Ministry of Transport
of Vietnam shall take charge of collaborating with the Ministry of National
Defense of Vietnam in conducting construction and publication of the nautical
chart of a port water area, navigational channel or sea lane for the purpose of
ensuring maritime safety after considering the request of the Maritime
Regulatory Authority.
Article 85. Detailed
provisions on seaports
1. The Minister of
Transport of Vietnam shall prescribe detailed regulations on the management of
watercraft operations at seaports, inland waterway terminals, and fishing ports
within port water areas.
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, mooring buoys, water areas or
water zones.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 86.
Administration of operation of port infrastructure projects financed by 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 legal status;
b) Have the plan for
conduct and operation of such leased project in a manner of effectiveness and
right purpose;
c) Have the financial
competence.
5. The Government shall
adopt detailed regulations on leasing of port infrastructure for operation
purposes and utilization of revenues generated from such leasing.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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. [25] (abrogated)
2. Formulate and submit
the detailed plan for maritime infrastructure[26] to the Ministry of Transport for
approval as assigned.
3.[27] Invest in, construct, and
develop seaport infrastructure according to the approved master planning for
maritime infrastructure, and detailed planning for maritime infrastructure[28].
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.
6. Conduct management of
investment in and operation of seaport infrastructure and post-port logistics
infrastructure facilities.
7. Organize the bidding
for operating lease of wharf and port terminal infrastructure system.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
9. Exercise control,
provide equipment, and ensure safety in port operations and the navigation of
watercraft within its area of management.
10. Provide pilotage,
towage, logistics, and other related services within the assigned port land and
water areas.
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 of Vietnam.
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
1. The Board of Members of
a port management and operation authority (the Board) is composed of a
President, Vice President and commissioners.
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 of Vietnam. 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.[29]Port service charges shall
include:
a) Charges paid for
container handling services; pilotage services; services relating utilization
of wharves, terminals and floating docks; ship towage services;
b) Charges paid for other
port services.
3.[30] The service charges specified in
Point a Clause 2 of this Article shall be determined in accordance with
regulations of the Pricing Law.
4. Service enterprises
shall, at their discretion, decide on specific port service charges referred to
in Point b Clause 2 of this Article.
5. Service enterprises
shall prepare the list of port service charges for submission to competent
authorities and make it known to the public in accordance with provisions of
the Pricing Law.
Article
91. Port authority
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Director of a port authority
1.[31] Participate in the formulation
of the master planning for maritime infrastructure, detailed planning for
maritime infrastructure[32],
and seaport development plans within the areas under its management, and
oversee the implementation of such plannings and plans after they have been
approved by competent state authorities.
2.
Conduct implementation of regulations on management of maritime operations that
take place at seaports and areas that fall under his management; examine and
oversee navigational channels and maritime signaling systems; check maritime
operations of organizations or individuals that take place at seaports and
areas that fall under his management.
3. Authorize and oversee
watercraft which enter, leave and operate within a seaport; prevent watercraft
from entering or leaving seaports if necessary conditions relating to maritime
safety and security, maritime 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.
5. Implement any decision
to impound ships granted by competent state agencies.
6. Temporarily impound any
ship as stipulated by Article 114 of this Code.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime
inspection, and investigate and handle, within his jurisdiction, maritime
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. Maritime state
regulatory agencies, and security, quarantine, 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.
Section
3. PROCEDURES FOR WATERCRAFT ARRIVAL AND DEPARTURE AT SEAPORTS
Article 94.
Requirements for watercraft arriving at a seaport
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. All watercraft shall be
permitted to operate only at seaports, port terminals, and wharves that have
been officially commissioned for use and in a manner consistent with their
designated functions.
3. In the event that
foreign-flagged watercraft operate in Vietnamese waters outside port water
areas, the procedures for arrival at and departure from a seaport shall be
carried out at the port authority responsible for that area. The port authority
shall be responsible for supervising the operations of watercraft to ensure
maritime safety, maritime security, and the prevention of environmental
pollution.
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:
a) A submarine and any
other submersible must operate above the water surface and fly the national
ensign of the Socialist Republic of Vietnam at the position which is as high as
that of its national ensign, unless otherwise permitted by the Government of
Vietnam or agreed upon between the Government of Vietnam and the Government of
the country whose national ensign is flown by such submarine or submersible;
b) Ship identification
numbers and ship name must be inscribed onto the ship's body;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime
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 limits
for completion of statutory procedures for watercraft arrival at and departure
from a seaport
1. No later than 02 hours
after a watercraft has anchored at a wharf or prior to its scheduled departure
from a seaport, the responsible person shall complete the statutory procedures
for the watercraft’s arrival at or departure from the seaport.
2. No later than 01 hour
after the responsible person has submitted and presented all required documents
in accordance with regulations, the port authority shall decide whether to
permit the watercraft to arrive at or depart from the seaport.
3. After completing entry
procedures at one Vietnamese seaport, a watercraft shall be exempt from
repeating entry procedures at another Vietnamese seaport. The port authority
responsible for the seaport where a watercraft arrives shall base its decision
to permit the watercraft to operate at the seaport on the departure permit
previously issued by the port authority responsible for the seaport from which
the watercraft departed. Other specialized state regulatory agencies shall rely
on the port transfer dossier, if any, provided by the relevant port authority
from which the watercraft departed, to carry out their regulatory functions in
accordance with applicable laws and regulations.
Article
97. Provisions on exemption or reduction on procedures for watercraft arrival
and departure in certain special cases
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Watercraft arriving at
a seaport to transfer rescued persons, property, or vessels, and remaining at
the seaport for no more than 12 hours, shall be allowed to complete the arrival
and departure procedures only once.
Article 98. Rules
governing watercraft departure from a seaport
1. A watercraft may depart
from a seaport only after completing all required procedures.
2. A watercraft shall not
be allowed to leave a seaport under the following circumstances:
a) That
watercraft 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 watercraft, humans or cargo onboard that ship and sea environment has
been discovered;
d) That watercraft is
subject to the detention and temporary impounding order issued by the court or
competent authority in accordance with laws and regulations.
3. In the event of
refusing to allow a watercraft to depart from a seaport under the provisions of
Point a, b and c Clause 2 of this Article, the Director of the port authority
or authorized organizations or individuals must notify the watercraft master
and any relevant agencies of reasons for such refusal, and must allow such
watercraft to complete departure procedures promptly after such reasons no
longer persist.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The Government shall adopt
detailed regulations on Authority to grant permission, processes and procedures
for a watercraft entering and leaving a seaport and for a foreign military
vessel's arrival in Vietnam.
Section
4. DRY PORTS
Article
100. Functions of a dry port
1.
Receive and deliver goods carried by containers.
2. Load
and unload cargo 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.
5.
Consolidate and deconsolidate goods of multiple owners loaded in the same
container.
6.
Temporarily store exporting and importing goods and containers.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
101. Criteria for determination of a dry port
1. A dry
port must conform to the plan for dry 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. Planning for inland port system development [33]
1. The
planning for inland port system development means the sectoral detailed
planning[34],
aimed at realizing the national planning, regional planning and provincial planning.
The formulation of the planning for inland port system development shall be
based on the socio-economic development strategy, national defense and security
tasks, national planning, regional planning and provincial planning.
2. The
planning for inland port system development contains at least:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) A plan
for transport connection between ports; plan for regulating goods flow in
association with development of economic zones, tourism areas, industrial parks
and export-processing zones, thereby facilitating socio - economic development;
c)
Quantity of wharfs, ports, port areas and prioritized projects during each
planning period;
d) Demand
for land use, demand for investment and roadmap for implementation of planning
in order of investment priority;
dd)
Solutions for organizing and managing the implementation of the planning;
expected investment for construction of ports.
3.[35] The
Ministry of Transport of Vietnam shall organize the formulation and approval of
planning for inland port system development.
4. The Ministry of Transport of Vietnam shall announce,
provide guidelines and inspect the implementation of approved planning for
inland port system development in accordance with regulations of the law on
planning and maritime laws.
5.
Ministries, ministerial agencies and People’s Committees of provinces shall:
a)
Cooperate with the Ministry of Transport of Vietnam in managing the
implementation of planning for inland port system in accordance with
regulations of this Code and other relevant regulations of law;
b)
Reserve an adequate amount of land lots for inland port development according
to the approved planning for inland port system development.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
103. Investment in construction, management and operation of dry ports
1. Investment in
construction of dry ports must be consistent with the plan for dry 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 dry
ports as per laws and regulations.
3. The Government shall
adopt detailed regulations on investment in construction, management and
operation of dry ports.
Article
104. Authority to publicly announce opening, temporary suspension and closing
of dry ports and responsibilities of state regulatory agencies in charge of
state administration of dry ports
1. The
Minister of Transport of Vietnam shall issue a public announcement of opening,
temporary suspension and closing of a dry port.
2. State security,
quarantine, customs, taxation, and other regulatory agencies, shall implement
duties and powers at dry ports as per laws and regulations.
3. State regulatory
agencies which have regular operations at dry ports shall be allowed to
establish their work offices within the territory of such dry ports. Dry port
enterprises shall be held responsible for providing favorable conditions for
such state regulatory agencies to implement their duties and powers.
Chapter
V
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Vietnam
National Ships Registration Book 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 production storage units,
mobile offshore units and floating docks must, upon operating within a port
water area and territorial waters of Vietnam, comply with instructions conveyed
by maritime signaling systems and observe rules for preventing collisions at
sea in accordance with regulations laid down by the Minister of Transport of
Vietnam.
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 maritime structures and in the port water area where such ship is
licensed for operation, maritime signaling system must be kept in place in
accordance with regulations adopted by the Minister of Transport of Vietnam.
4. Ships specially
engineered to transport oil and petroleum products or other hazardous goods are
required to have civil liability insurance purchased by the shipowner against
environmental pollution issues when underway within Vietnamese port water area
and waters.
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
mobile offshore units, 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The Minister of
Transport of Vietnam shall adopt specific regulations on formulation,
evaluation and ratification of the plan for ship, seaport, water area and water
zone 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.
3. Other ships must, upon
receipt of maritime security information from any ship underway at sea, be
obliged to transmit such information to responsible authorities or
organizations of such ship’s country.
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 of
Vietnam 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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Provide maritime
security assurance service.
2.[36] Conduct and management of
maritime safety assurance refer to establishment and operation of a maritime
safety assurance system, including formulation of the planning and management
of infrastructure construction, 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 maritime signaling systems, navigational channels and sea
lanes;
b) Explore, sketch out and
publish the nautical chart of port water area, navigational channel and sea
lane;
c) Issue notices to
mariners;
d) Regulate assurance of
maritime safety;
dd) Design and issue
maritime safety documents and publications;
e) Provide electronic
maritime information;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h) Provide maritime 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.
5. The Government of Vietnam
shall adopt regulations on eligibility requirements for provision of maritime
safety assurance service.
The Minister of Transport
of Vietnam shall conduct and manage maritime safety assurance duties.
Article
109. Sea lanes located within Vietnamese territorial waters
1. Sea lane refers to the
path of a watercraft within Vietnamese territorial waters which is restricted
by points that have positions and coordinates defined and announced by
competent regulatory authorities to direct watercraft sailing into Vietnamese
waters.
2. Establishment of a sea
lane within Vietnamese territorial waters used for safe passing and assurance
of maritime safety of watercraft 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The Ministry of
Transport of Vietnam shall carry out establishment and public announcement of
maritime routes and categorization of sea lanes within Vietnamese territorial
waters upon the request of the Maritime Regulatory Authority.
2. The Ministry of Foreign
Affairs of Vietnam shall collaborate with the Ministry of Transport of Vietnam
and other relevant agencies to notify international organizations of sea lanes
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 sea lanes and categorization of
navigational routes within Vietnamese territorial waters
1. Name of sea lane.
2. Positions, coordinates
and technical specifications of sea lanes.
3. Information about
categorization of navigational channels.
4. Instructions for
watercraft operations on a sea lane.
5. Other necessary
information.
Article
112. Form of announcement of sea lanes and categorization of navigational
routes within Vietnamese territorial waters
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Publish the nautical
chart or relevant paper or electronic documents used for sea-going issues;
b) Disseminate notices to
mariners;
c) Establish the directory
of sea lanes and navigational routes within Vietnamese territorial waters;
d) Follow other relevant
forms in accordance with laws.
2. The Maritime Regulatory
Authority shall assume the following responsibilities:
a) Conduct transmission of
notices to mariners of sea lanes 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 sea lanes and navigational routes within
Vietnamese territorial waters.
3. Establishment and
publication of the directory of sea lanes 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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Inspection and
examination stipulated in Clause 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 shipowner and
master shall be held responsible for providing favorable conditions for
competent state regulatory agencies referred to in Clause 1 of this Article to
carry out their ship inspection and examination.
4. The shipowner 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
Temporary detention of
ships shall apply under the following circumstances:
1. A ship is involved in
an investigation in a maritime 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 temporarily detain ships and term of such temporary detention
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Where it is necessary to
extend the term of such temporary detention for the purpose of collection of
evidence used for investigation in a maritime accident that happened within a
port water area, the Director of the port authority shall report to the
Maritime Regulatory Authority for consideration and decision to extend the
validity term of such temporary detention which is restricted to less than 05
days; where any maritime accident occurs outside the port water area, the
extended period of temporary ship detention shall be considered and decided by
the Minister of Transport of Vietnam.
Investigation in a
maritime 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 Clause 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 Clause 3 Article 114 of this Code
shall be consistent with laws and regulations.
4. The person who grants
the decision on temporary ship detention shall be liable for compensation for
any damage or loss incurred from any wrong detention as prescribed by laws.
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, the Maritime Regulatory Authority and other relevant state
regulatory authorities located at seaports.
2. Upon receipt of the
temporary ship detention decision referred to in Clause 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, the Maritime Regulatory Authority and others
located at seaports.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. The Government of
Vietnam shall adopt specific provisions on the temporary ship detention to
serve the purpose of investigation into a maritime accident.
Article 117. Complaints
and resolution of complaints against decision on temporary ship detention
The ship master, shipowner
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
1. Sea protest refers to a
document which is created by the ship master and served as a statement of
situations that a ship has faced and measures that the ship master has applied
to remedy these situations, restrict any possible loss or damage and protect
legitimate rights and interests of the shipowner and persons involved.
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 Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. The Minister of
Transport of Vietnam 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.
Article 120. Time limit
for filing of a sea protest
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 cargo 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 Clause 1, 2 and 3 of this Article,
the filed sea protest must clearly specify reasons.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The ship master shall be
entitled to prepare a supplemental sea protest whenever necessary for
submission to competent authorities for certification.
Article
122. Maritime search and rescue
1. Watercraft and
hydroplanes which are in distress and need any help must send a distress call
in accordance with laws and regulations.
2. Any watercraft or
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.
3. The maritime search and
rescue coordination authority must stay always ready to organize and cooperate
on search and rescue operations in a timely manner to search and rescue people
in distress within the search and rescue area under its management and shall be
entitled to mobilize people and equipment for the purpose of participation in
search and rescue efforts.
4. The Minister of
Transport of Vietnam shall adopt specific regulations on organization and
operation of the maritime search and rescue coordination authority.
Article
123. Maritime accidents
1. Maritime 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 or rendered incapable of maneuvering; damage to maritime
infrastructure facilities or serious environmental pollution.
Maritime accidents shall
not include acts that intentionally cause harm to people, ships, maritime
infrastructure facilities or environment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The Minister of
Transport of Vietnam shall adopt detailed regulations on maritime accident
reporting and investigation.
Article 124. Protection
for maritime structures
1. Protection for maritime
structures includes operations aimed at ensuring that these maritime 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 maritime structure, its enclosure facilities, aerial parts, underwater
parts and underground parts related to safety for maritime structures and
assurance of safety for maritime operations.
3. Outside the extent of
protection for seaport structures and navigational channels, construction and
other operations shall not be allowed to cause impact on safety for utilization
of these seaport structures and navigational channels.
Article 125. Rules on
protection for maritime structures
1. Investing in
constructing, managing operation of, repairing and protecting maritime
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 maritime structures, Ministries and provincial
People’s Committees must send a written request for any advice of the Ministry
of Transport of Vietnam.
3. Organizations and
individuals investing in construction, conduct of operation of maritime structures
must have plans to protect these maritime structures, including the following
basic contents:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Establishment of
maritime signaling systems installed for maritime structures;
c) Human resource;
registered address, telephone number used for protection for maritime
structures;
d) Means and instruments
used for protection for maritime structures;
dd) Plan to protect
maritime structures and methods of inspection and oversight provided by the
project owner or operator of such structures;
e) Measures to deal with
any damage, maritime accident, incident or any act of offence that may impact
safety during the process of operation of maritime structures;
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
maritime structure is located.
Article 126. Extent of
protection for maritime structures
1. Extent of protection
for maritime 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime
signaling systems, the extent of protection is calculated outwards from the
centre of the maritime signaling system which is determined according to the
technical regulations for maritime signaling systems;
dd) [37] As for the aerial and
underground parts of maritime works, the safety perimeter of these parts is
specifically determined in respect of each work on the basis of the master
planning for maritime infrastructure, detailed planning for maritime
infrastructure[38],
national technical regulations, and relevant regulations of law.
2. The competent authority
must even include contents of the extent of protection for maritime structures
when announcing a maritime structure's being brought into operation.
3. The Government of
Vietnam shall adopt specific provisions on distance and extent of protection
for maritime structures.
Article 127. Response to emergencies that may arise during
process of protection for maritime structures
1. When discovering that a
maritime structure has been encroached upon or exposed to a risk of insecurity,
the project owner, the person in charge of conducting operation of such
maritime structure, or the person who made such discovery, shall be responsible
for promptly reporting to the port authority that manages such maritime
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 maritime
structure to apply any necessary measure to protect the maritime structure and
reduce any loss that may happen to the minimum; concurrently, report to the
competent authority and government of the locality where such maritime
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 maritime structure.
3. The project owner or
operator of a maritime 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 maritime structures; create any necessary warning or
alert to assure safety for the vicinity of that maritime structure; promptly
alleviate any consequence in order to bring the maritime structure into
operation in a safe manner as soon as possible.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
128. Environmental protection in maritime 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 shipowner, seaport
owner and organizations or individuals involved must comply with laws and
regulations on environmental protection.
Chapter VI
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 judgments and perform
mutual legal assistance.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The People’s Court of
the region where the seaport at which a ship subject to an arrest request is
operating is located shall be vested with authority to issue a decision to
arrest that ship.
Where a
seaport has different port terminals located in communes, wards and special
zones under the territorial jurisdiction of different regional People's Courts,
the People’s Court of the region where the port terminal at which a ship
subject to an arrest request is operating 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 of the region 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 judgment
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.
3. The Chief Justice of
the provincial People’s Court shall consider and decide the Court that shall
have authority to grant a decision on arrest of a ship in the event that there
is any dispute over jurisdiction between the regional People's Courts within
the same province or central-affiliated city.
The Chief Justice of the
Supreme People’s Court shall consider and decide the Court that shall have
authority to grant a decision on arrest of a ship in the event that there is
any dispute over jurisdiction between the regional People's Courts in different
provinces and central-affiliated cities.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 132. Measures
of financial security for 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 judgment 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 judgment.
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.
Article 133. Charge for
arrest of ships
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 decision on arrest of ships, or 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 shipowner, charterer, operator and other
interested parties of arrest or release of ships.
Article 136.
Obligations of owner of property during period of arrest of ships
1. The shipowner,
charterer and operator shall be responsible for providing funds to ensure that
safe operations of arrested ships are maintained.
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 master,
agent of the shipowner 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 shipowner, 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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) After the shipowner,
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
shipowner, 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.
Article 138. Application
of laws in relation to arrest of ships
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 judgment 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 PURPOSE OF SECURING A MARITIME CLAIM
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause;
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;
5. Any agreement
concerning carriage of goods or passengers aboard a ship, whether contained in
a charter-party or otherwise;
6. Loss of or damage to or
in connection with goods, including baggage carried onboard the ship;
7. General average;
8. Towage;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 shipowner;
13. Insurance premiums
payable by or on behalf of the shipowner or bareboat charterer;
14. Any commissions,
brokerages or agency fees payable in respect of the ship by or on behalf of the
shipowner or bareboat charterer;
15. Any dispute as to
ownership or possession of the ship;
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 140. Conditions
for arrest of ships for purpose of securing a maritime claim
1. Upon receipt of a
request for arrest of a ship, in order to secure the settlement of 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 shipowner at the
time a maritime claim arises shall be responsible for such claim and shall
remain the shipowner at the time the ship is arrested;
b) The bareboat charterer
at the time a maritime claim arises shall be responsible for such claim and
shall remain the bareboat charterer or the shipowner at the time the ship is
arrested;
c) The maritime claim
arises out of a mortgage, hypothèque, or a charge of the same nature on the
ship;
d) The maritime claim
relates to the ownership or possession of the ship;
dd) The maritime claim is
secured by a maritime lien on the 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The provision laid down
in Clause 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
1. The ship which is under
arrest for the purpose of securing a maritime claim shall be released at once
when the following requirements are met:
a) The shipowner,
charterer or operator has already implemented security measures or repaid all
debts owed;
b) Property-related
obligations assumed by the shipowner, 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 of
Vietnam 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) The validity period of
arrest of a ship according to the Court’s judgment 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 Points a, b and c Clause 1 Article 142 hereof, the
shipowner, 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 purpose of securing a maritime claim
1. The ship arrested to
secure a maritime claim which has been released or has provided any security
measure that is implemented against a maritime claim shall not be likely to be
rearrested on similar bases thereto, except for the followings:
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 shipowner, 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. If there is an absence
of the Court’s judgment 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 judgment over such arrest has been void or the period
of arrest according to the Court’s judgment 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
Article 145. Contract
for carriage of goods by sea
1. Contract for carriage
of goods by sea refers to an arrangement between a carrier and a shipper, under
which the carrier is paid freight by the shipper 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, fuel, consumer goods, and other movable
property, including live animals, as well as containers or similar transport
units provided by the consignor for packing, to be carried under a contract of
carriage of goods by sea.
Article 146. Types of
contract for carriage of goods by sea
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
contract for carriage of goods by sea
1. “Shipper” means any
person by whom or in whose name or on whose behalf a contract of carriage of
goods by sea has been concluded with a carrier. In the case of a contract
evidenced by a bill of lading, the shipper is also referred to as the consignor.
2. “Carrier” means any
person by whom or in whose name or on whose behalf a contract of carriage of
goods by sea has been concluded with a shipper.
3. “Actual carrier” means
any person to whom the performance of the carriage of the goods, or of part of
the carriage, has been entrusted by the carrier.
4. “Consignor” means any
person who, either on their own or by authorization from another person,
delivers goods to the carrier under a contract for carriage of goods by sea.
5. “Consignee” means any
person entitled to take delivery of the goods as prescribed in Articles 162 and
187 hereof.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 the Maritime
Regulatory Authority.
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.
Article 149. Freight
charge and surcharge on freight charge for sea transportation service
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
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;
b) Fire, unless caused by
the actual fault or privity of the carrier;
c) Perils, dangers and
accidents occurring at sea, port water area where a ship is allowed to operate;
d) Act of God;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
consignor 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;
m) Act of saving life or
property at sea;
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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;
d) Needing more time to
provide medical emergency treatment to seafarers or other people on board the
ship.
Article
152. Limits of carrier’s liability
1. Where the
characteristics or value of goods has not been declared by the consignor 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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 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 consignor 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.
4. The sum of damages paid
for the carrier’s liability for delay in delivery of goods is limited to an
amount which equals two and a half times the freight payable for the goods
delayed, but not exceeding total freight charge agreed upon in the contract for
carriage of goods by sea.
Article 153. Loss of
benefit of limitation of 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 154.
Consignor’s obligations
1. The consignor 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 consignor 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 consignor 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 consignor 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 consignor.
Article 155. Carriage
of dangerous goods
1. The carrier shall be
entitled to discharge goods out of a ship, destroy or eliminate any harmful
effect of goods of explosive, inflammable nature or other goods of dangerous
character without being held liable for any compensation, and shall be paid a full
amount of freight charge in the event that such goods are wrongfully declared
or the carrier has not received any prior notification of and, with his general
professional knowledge, failed to recognize dangerous characters of such goods
during the goods handling process.
The consignor 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 cargo onboard the ship, the carrier
shall be entitled to deal with such situation in accordance with Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 156. Exemption
of consignor from liability
The consignor shall be
exempted from liability for compensation for any loss or damage suffered by the
carrier or the ship if it is established that such loss or damage arose through
no fault of the consignor, or of the consignor’s servants or agents.
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 delivery of the goods and to exercise a lien over them if
the consignor or consignee has not fully paid any outstanding debts or has not
provided adequate and sufficient guarantee.
Such debts shall be
inclusive of the freight, other charges referred to in Clause 1 of this Article
and contributions to any general average, and distributed salvage remunerations
for goods.
Overdue debts shall be
charged at the interest rate applied at relevant transaction banks.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 159. Issue of
bill of lading
1. The carrier shall, at
the consignor’s request, issue a bill of lading to the consignor.
2. A bill of lading may be
issued in one of the following forms:
a) A bill of lading
specifying the name of the consignee, referred to as a nominative bill of
lading;
b) A bill of lading
specifying the name of the consignor or the person(s) designated by the
consignor to give order for delivery of the goods, referred to as an order bill
of lading;
c) A bill of lading not
specifying the name of the consignee or the person authorized to give order for
delivery of the goods, referred to as a bearer bill of lading.
3. Where an order bill of
lading does not specify the person authorized to give order for delivery of the
goods, the consignor shall be deemed to hold such authority.
Article
160. Contents of bill of lading
1. The bill of lading must
include, inter alia, the following particulars:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) The name of the
consignor;
c) The name of the
consignee, or statement that the bill of lading is issued in the form of an
order or bearer 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
consignor prior to loading of the goods on board, and which are mounted on each
piece or package of piece of goods;
h) Freight and other fees
payable to the carrier; payment method;
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 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 shipowner shall be deemed the
carrier. Where the bill of lading issued as per Clause 1 of this Article
contains inaccurate and fraudulent particulars about the carrier, the shipowner
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. Remarks in
bill of lading
1. The carrier shall be
entitled to insert remarks in the bill of lading if there is any doubt as to
the external condition or the packaging of the goods.
2. The carrier may refuse
to describe the goods in the bill of lading if there are reasonable grounds to
doubt the accuracy of the particulars provided by the consignor at the time of
loading, or if there are no means available to verify such particulars.
3. The carrier shall be
entitled to refuse to note on the bill of lading the marks or numbers of the
goods if they have not been clearly marked on each package or parcel, in a
manner that ensures easy identification at the end of the voyage.
4. Where the goods are
packed prior to delivery to the carrier, the carrier shall be entitled to state
in the bill of lading that the internal contents are unknown.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 162. Transfer
of bills of lading
1. An order bill of lading
may be transferred by endorsement. The last endorsee entitled to give delivery
instructions under the order bill of lading shall be the lawful consignee of
the goods.
2. A bearer bill of lading
may be transferred by delivery of the bill by the carrier to the transferee.
The person presenting the bearer bill of lading shall be the lawful consignee
of the goods.
3. A nominative bill of
lading shall not be transferable. The person named in a nominative bill of
lading shall be the lawful consignee of the goods.
Article 163. Transport
documents other than bills of lading
The consignor may agree
with the carrier to replace a bill of lading with a sea waybill or another
transport document, and may agree on the contents and validity of such
documents in accordance with international maritime practices.
Article 164.
Application of through bills of lading
The provisions of this
Code concerning bills of lading shall apply to through bills of lading issued
by the carrier, unless otherwise provided by law.
Article 165.
Consignor’s right to dispose of goods
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The rights set forth in
clause 1 of this Article shall not apply if their exercise would cause a
material delay in the commencement of the voyage, unless consented to by the
carrier.
Article 166.
Obligations to deliver goods
Upon arrival at the port
of discharge, the carrier shall deliver the goods to the lawful consignee upon
presentation of the original bill of lading, sea waybill, or another transport
document valid for taking delivery as prescribed in Article 162 of this Code.
Once the goods have been delivered, any remaining transport documents shall
cease to be effective for delivery purposes.
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 consignor 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 Clause 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.
3. Compensation for any
loss or damage incurred by retaining the ship to discharge and deliver the
goods as referred to in Clause 1 of this Article shall be similar to the case
where the ship is retained for the purpose of discharge of the goods.
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 consignor of cases stipulated in Clause 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 Clause.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 168. Sum earned
from 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
Clause 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.
Section 2. BILL OF
LADING CONTRACT
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 practices 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;
c) Carriage of goods on
deck.
Article 171.
Obligations of carrier of goods under bill of lading contract
Notwithstanding Article
150 hereof, the carrier carrying goods under the bill of lading contract shall
take on the following obligations:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Notify the consignor 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
Goods may be carried on
deck only if such carriage is agreed upon between the carrier and the consignor
or is permitted by established commercial practice, and must be expressly
stated in the relevant transport document.
Article 173. Liability
of 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.
3. Any special agreement
under which the carrier assumes obligations not imposed by this Chapter or
waives rights conferred by this Code affects the actual carrier only if agreed
to by him in writing. Whether or not the actual carrier has so agreed, the
carrier nevertheless remains bound by the obligations or waivers resulting from
such special agreement.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 1 of this Article, a written
notice thereof is not required.
Any agreement inconsistent
with provisions laid down in this Clause 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
Article 175. Use of
ships under voyage charter-party
The carrier shall use the
ship specified in the voyage charter-party for the carriage of the goods,
unless the shipper agrees to the replacement of such ship by another ship.
Article 176. Transfer
of rights under voyage charter-party
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 177. Issue of
bills of lading under voyage charter-party
Where a bill of lading is
issued according to a voyage charter-party and the holder of the bill of lading
is not the shipper, the rights and obligations of the carrier and the holder of
the bill of lading shall be governed by the terms and conditions of the bill of
lading. Where the terms and conditions of the voyage charter party are
incorporated into the bill of lading, such terms and conditions shall apply.
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.
4. The shipper may request
the carrier to change the place of receipt though it is clearly defined in the
charter-party. The shipper must pay all relevant costs incurred by fulfillment
of requested obligations.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 dispatch 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 shipper are called the demurrage period. The
carrier shall be entitled to claim for compensation for any loss or damage
arising out of such demurrage.
Article 181. Notice of
readiness
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article 184. Departure
of ship from port of loading
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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
Clause 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
1. When the ship fails to
arrive at the port of discharge due to invincible causes and is not capable of
awaiting discharge of goods that may occur in another proper time, the carrier
shall be allowed to maneuver this ship to the nearest safe replacement port and
notify the shipper of this to receive any order from that shipper.
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 Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
Clause 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.
3. Upon receiving the
goods, the consignee must pay the carrier the freight charged for carriage of
his goods, compensation for ship retention or other costs related to carriage
of the goods if such sum of freight has yet to be paid in advance.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Point b Clause 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;
b) Paying a full amount of
freight, in case of termination of the charter-party taking place after
calculation of laytime for loading of goods or after calculation of extended
laytime if the charter-party is only binding on one voyage;
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 Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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. Carrier’s
right to terminate 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 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:
a) Wars may pose a threat
to the safety for the ship or goods on board the ship; the port of loading or
discharge is blocked;
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The terminating party
referred to in Clause 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 Clause 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 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;
c) The ship designated in
the charter party is deemed to be damaged beyond repair or the cost of repair
would be uneconomical.
2. Where the ship is
underway at sea and is faced with events defined in Clause 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 charter-party
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 195. Statute of
limitation for submission of a claim regarding execution of 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.
3. Consignor refers to a
person who concludes by himself, or authorizes other person to conclude the
multimodal transport contract with the multimodal transport dealer.
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 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.
Chapter VIII
CONTRACT FOR CARRIAGE OF
PASSENGERS AND BAGGAGE BY SEA
Article 200. Carriage
of passengers and baggage
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
6. Hand baggage refers to
baggage that a passenger keeps inside their stateroom or is put under their own
supervision, preservation and control.
Article 201. Document
on carriage of passengers and baggage
1. Document on carriage of
passengers and baggage includes:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
3. Agreements on
limitation of a passenger’s rights, or relief from or reduction of liabilities
of the carrier as referred to in this Chapter are all void and null.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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;
dd) Departure of
passengers from the port of embarkation or arrival of passengers in the port of
disembarkation is subject to a prohibition order.
5. Where the carrier refuses
to perform the contract of carriage according to the provisions of Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
Clause 7 of this Article shall not limit passengers’ rights to refuse to
perform the contract of carriage.
Article 204. Liability
of 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 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.
Article 206. Imposition
of actions on stowaways
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
2. The burden of proof of
loss or damage and amount of loss or damage resulted from ship collision,
wreck, destruction, grounding, explosion, fire or defects during journey shall
lay on the claimant.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 209. Limitation
of liabilities of 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 Clause.
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
Clause 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.
Article 210. Loss of
benefit of limitation of liabilities
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 Clause 1 of this Article shall be applied similarly to the carrier's
servants or agents.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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:
a) Notification of visible
damage to hand baggage must be sent before or during the disembarkation of
passengers;
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 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.
Where a passenger’s injury
occurring during journey results in the death of this passenger after his
disembarkation from the ship, the statute of limitation for submission of a
claim begins on the date of this passenger's death and is restricted to 03
years from the date of his disembarkation from the ship;
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 Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
CHARTER-PARTY
Section 1. GENERAL
PROVISIONS
Article 215.
Charter-party
Charter-party is a
contract concluded between a shipowner and a charterer under which the
shipowner grants the charterer the right to use the shipowner’s ship for a
specified period and for the purpose agreed in the contract, in consideration
of charter hire payable by the charterer.
Article
216. Form of a charter-party
1. A charter-party may
take the form of a time charter party or a bareboat charter party.
2. A charter-party must be
concluded in writing.
Article 217.
Sub-chartering
1. Where so agreed in the
charter-party, the charterer may sub-charter the ship to a third party, but
shall remain liable for the performance of the charter-party concluded with the
shipowner.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 218. Rules for
application of laws to charter-parties
Provisions of this Chapter
relating to the rights and obligations of the shipowner and the charterer shall
apply, unless otherwise agreed by the parties.
Article 219. Limitation
period for claims relating to charter-parties
The limitation period for
claims relating to a charter-party shall be 02 years from the date of
termination of the charter-party.
Section
2. TIME CHARTER-PARTIES
Article 220. Time
charter-party
1. A time charter-party is
a contract of hire of a ship under which the shipowner provides a specified
ship together with its crew to the charterer.
2. A time charter-party
shall, inter alia, include the following particulars:
a) The name of the
shipowner and the charterer;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Operation area, purpose
of employment of the ship, and the duration of the charter-party;
d) Time, place and
conditions for delivery and redelivery of the ship;
dd) Charter hire and
payment method;
e) Other related terms.
Article 221.
Obligations of shipowner under time charter-party
1. The shipowner shall be
obliged to deliver the ship to the charterer at the agreed place and time, in a
seaworthy and technically fit condition, properly supplied and equipped for the
agreed service, and shall maintain the ship in such condition throughout the
charter period.
2. The shipowner shall
properly man the ship with crew members suitable for the agreed service under
the charter-party, pay salaries and wages to the crew members, and ensure their
other lawful rights and benefits throughout the charter period.
Article 222. Rights of
time charterer
1. The charterer shall
have the exclusive right to use the cargo-carrying spaces of the ship for the
carriage of goods, passengers and baggage.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 223.
Obligations of time charterer
1. The charterer shall use
the ship in accordance with the purposes agreed in the charter-party and shall
exercise due regard to the interests of the shipowner.
2. The charterer shall be
obliged to ensure that the ship is used solely for lawful carriage of goods,
passengers and baggage.
3. Upon expiry of the
charter period, the charterer shall redeliver the ship to the shipowner at the
agreed place and time and in the agreed condition, fair wear and tear excepted.
Article 224.
Relationship between shipowner, charterer and crew members in time charter-party
1. During the charter
period, the master and other crew members shall remain employed by the
shipowner. The shipowner shall be responsible for all matters relating to the
crew.
2. In the operation of the
ship, the master shall act on behalf of the charterer and shall comply with the
lawful orders of the charterer in accordance with the time charter-party.
3. The shipowner shall be
jointly liable with the charterer for acts of the master within the scope of
authority referred to in clause 2 of this Article, unless the master has
expressly declared that he acts on behalf of the charterer when exercising such
authority.
Article 225.
Distribution of salvage reward under time charter-party
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 226. Overrun of
charter period
Where, based on reasonable
calculation, the final voyage extends beyond the time of redelivery agreed in
the charter-party, the charterer shall be entitled to retain the ship for the
completion of that voyage. The charterer shall pay hire for the excess period
at the rate provided in the charter-party. Where the market rate of hire at the
relevant time is higher than the contractual rate, the charterer shall pay hire
at the prevailing market rate.
Article 227. Payment of
hire under time charter-party
1. The charterer shall pay
hire from the date of delivery of the ship until the date of redelivery of the
ship to the shipowner.
2. The charterer shall not
be liable to pay hire for any period during which the ship is not operational
due to breakdown, lack of spare parts or incompetent crew. In such case, the
charterer shall be relieved from payment of costs of maintaining the ship.
3. Where the ship is
rendered inoperative due to the fault of the charterer, the shipowner shall
remain entitled to hire and to compensation for any resulting loss or damage.
4. Where the chartered
ship is missing, hire shall be payable up to the date on which the last
information regarding the ship was received.
5. Where the charterer
fails to pay hire as agreed, the shipowner shall have a right of lien over
goods or property on board the ship owned by the charterer.
Article 228.
Termination of time charter-party
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Either party may
terminate the charter-party without liability where war, civil unrest or coercive
measures of competent authorities prevent performance of the charter-party, and
such circumstances are not capable of being brought to an end within a
reasonable period.
3. The charter-party shall
automatically terminate if the ship is missing, wrecked, destroyed, deemed
beyond repair, or if the cost of repair is economically unreasonable.
Section
3. BAREBOAT CHARTER-PARTIES
Article 229. Bareboat
charter-party
1. A bareboat
charter-party is a contract of hire under which the shipowner provides a specified
ship to the charterer without crew.
2. A bareboat
charter-party shall, inter alia, include the following particulars:
a) Name of the shipowner
and the charterer;
b) Name, flag and class of
the ship; deadweight and engine power of the ship;
c) Operation area, purpose
of employment of the ship and the duration of the charter-party;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) Checking, maintenance
and repair of the ship;
e) Charter hire and
payment method;
g) Ship insurance;
h) Time and conditions for
termination of the charter-party;
i) Other relevant terms.
Article 230.
Obligations of shipowner under bareboat charter-party
1. The shipowner shall
exercise due diligence to deliver a seaworthy ship together with all relevant
ship documents to the charterer at the place and time agreed in the
charter-party.
2. During the validity
period of the bareboat charter-party, the shipowner shall not mortgage the ship
without the written consent of the charterer. Where the shipowner acts in
breach of this provision, the shipowner shall be liable for any loss or damage
caused to the charterer.
3. Where the ship is
arrested or detained due to disputes relating to ownership or debts of the
shipowner, the shipowner shall ensure that the interests of the charterer are
not prejudiced and shall be liable for any resulting loss or damage.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The charterer shall
maintain the ship and its equipment during the validity period of the bareboat
charter-party.
2. The charterer shall
carry out repairs of any damage to the ship during the charter period and shall
notify the shipowner accordingly. The shipowner shall bear the costs of repair
where such damage falls outside the charterer’s responsibility.
3. During the validity
period of the bareboat charter-party, the charterer shall bear the ship
insurance premiums with the sum insured and method agreed in the charter-party.
4. During the validity
period of the bareboat charter-party, if any loss or damage to the ship results
from the charterer’s use or operation of the ship, the charterer shall be
liable to remedy or compensate for such loss or damage.
Article 232. Redelivery
of ship, overrun of charter period and termination of bareboat charter-party
The redelivery of the
ship, overrun of the charter period, and termination of the bareboat
charter-party shall be governed by Clause 3 Article 223, 226 and 228 hereof.
Article
233. Payment of hire under bareboat charter-party
The charterer shall pay
hire as agreed upon in the bareboat charter-party. Where the ship is a total
loss or is missing, hire shall cease to be payable from the date of such total
loss or from the date on which the last information concerning the ship was
received. Any hire paid in advance corresponding to the unexpired period shall
be refunded.
Article 234. Ship
hire-purchase
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The shipowner under a
ship hire-purchase contract or a ship financial lease contract shall retain
only a copy of the Certificate of Ship Registration.
Chapter
X
SHIP AGENCY AND MARITIME
BROKERAGE
Section 1. SHIP AGENCY
Article 235. Ship agency
Ship agency means services
performed by a ship agent acting on behalf of a shipowner or ship operator in
relation to a ship calling at a port, including: carrying out port entry and
departure formalities; concluding contracts of carriage, marine insurance
contracts, cargo handling contracts, charter-parties and seafarer employment
contracts; issuing and signing bills of lading or equivalent transport
documents; supplying ships with supplies, fuel, food and potable water; issuing
sea protests; communicating with the shipowner or ship operator; providing
seafarer-related services; collecting and disbursing funds related to ship
operations; handling disputes arising out of contracts of carriage or maritime
casualties; and other ship-related services.
Article
236. Ship agent
1. A ship agent is a
person appointed by the principal to act as its representative in performing
ship agency services at a port pursuant to the principal’s instructions.
2. A ship agent may
provide ship agency services to the shipper, charterer or other persons having
contractual relations with the shipowner or ship operator, subject to the
consent of the shipowner or ship operator.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
A ship agency contract is
a written agreement between a principal and a ship agent, under which the
principal entrusts the ship agent with the performance of ship agency services
for a particular voyage or for a specified period.
Article 238.
Responsibilities of ship agent
1. The ship agent shall
take all necessary measures to properly protect the lawful rights and interests
of the principal; comply with the principal’s instructions; promptly notify the
principal of matters arising in the course of performance of the entrusted
services; and accurately account for all receipts and expenditures relating to
such services.
2. The ship agent shall be
responsible to compensate the principal for any loss or damage caused by the
agent’s fault.
Article 239.
Responsibilities of principal
1. The principal shall,
where necessary, provide instructions to the ship agent for the performance of
the entrusted services and shall advance funds upon request of the ship agent
for the purposes of such services.
2. Where the ship agent
acts beyond the scope of authority, the principal shall remain liable for such
acts if, upon becoming aware thereof, the principal fails to notify relevant
parties of its refusal to ratify such acts.
Article
240. Agency fees
Agency fees shall be
agreed by the parties, unless otherwise provided by law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The limitation period for
claims arising out of a ship agency contract shall be 02 years from the date on
which the dispute arises.
Article
242. Conditions for provision of ship agency services
1.
Enterprises providing ship agency services in Vietnam must be established in
accordance with law; in the case of foreign-invested enterprises, capital
contribution ratios shall comply with applicable regulations.
2. Such
enterprises must have full-time personnel responsible for ship agency
operations and full-time legal personnel.
3. Ship
agency staff must be Vietnamese citizens and hold professional certificates in
ship agency services.
4. The
Government shall elaborate this Article.
Article
243. Ship agency for official-duty ship, fishing ship, submarine, submersible,
floating production storage unit, mobile offshore unit, hydroplane, and foreign
military vessel entering territory of Vietnam
Provisions relating to
ship agency referred to in this Section shall be applied to official-duty ship,
fishing ship, submarine, submersible, floating production storage unit, mobile
offshore unit, hydroplane, and foreign military vessel entering the territory
of Vietnam.
Section 2. MARITIME BROKERAGE
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
Maritime brokerage means intermediary services provided between parties in
negotiating, arranging and concluding contracts of carriage, marine insurance
contracts, charter-parties, contracts for the sale and purchase of ships,
towage contracts, seafarer employment contracts, and other contracts relating
to maritime operations, under a maritime brokerage agreement.
2. A
maritime broker refers to a person who provides maritime brokerage services.
Article 245. Rights and
obligations of maritime broker
1. The maritime broker may
provide services to all parties to a transaction, provided that all such
parties are duly informed thereof, and shall exercise due care to protect the
lawful rights and interests of the parties concerned.
2. The maritime broker
shall be entitled to a brokerage commission upon the conclusion of a contract
resulting from the broker’s intermediary services. The amount of brokerage
commission shall be agreed between the parties; in the absence of such
agreement, it shall be determined in accordance with applicable local trade
practices.
3. The maritime broker
shall perform his or her duties in good faith.
4. The maritime broker
shall be responsible for verifying the legal capacity of the parties for whom
brokerage services are provided during the course of such services.
5. The liability of the
maritime broker shall cease upon the conclusion of the contract between the
parties, unless otherwise agreed.
Article 246. Limitation
period for claims relating to maritime brokerage contracts
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter
XI
MARITIME PILOTAGE
Article 247. Provisions
on use of maritime pilotage in Vietnam
1. Use of maritime
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
watercraft must use Vietnamese maritime pilots for maneuvering these watercraft
and pay charges for pilotage services when operating within a Vietnamese region
where maritime pilotage is required.
3. Cases in which use of
maritime pilotage is not required include:
a) The region where
maritime pilotage is optional;
b) Vietnamese-flagged
watercraft carrying below 1,000 GT of passengers, oil, liquefied gas, chemicals
in bulk; other kinds of Vietnamese-flagged watercraft that has less than 2,000
GT in weight;
c) Overseas watercraft
that has less than 100 GT in weight;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. The master of any
watercraft referred to in Clause 3 of this Article may require pilots to
navigate such ship whenever necessary.
Article 248. Maritime
pilotage organization
A maritime pilotage
organization refers to an enterprise that provides the service of navigating
ships to enter or leave ports and operates within the regulatory maritime
pilotage zone of Vietnam.
Article 249. Legal
status of maritime pilot
1. Maritime pilot is a
consultant to the master in navigation of a ship to meet maritime conditions
that exist at the ship piloting zone where a maritime pilot is operating. Use
of maritime pilotage shall not discharge the master’s liability to command the
ship.
2. During the duration of
navigation of a ship, a maritime pilot shall be put under the command of the
master of the piloted ship.
3. The master shall be
accorded the right to choose any maritime pilot or decide to cease operations
of any maritime pilot and request a replacement pilot.
Article 250.
Eligibility requirements for practicing of maritime pilotage
1. Be a Vietnamese citizen.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Hold the certificate in
maritime pilotage profession.
4. Only allow navigation
of a ship within the maritime pilotage operating zone which is conformable to
the issued certificate of maritime pilotage zone.
5. Be put under the management
of a maritime pilotage organization.
Article 251. Rights and
obligations of a maritime pilot during process of ship navigation
1. A maritime pilot shall
be vested with the right to refuse to navigate any ship, and simultaneously
notify the port authority and maritime pilotage organization in a timely manner
to the extent that the master intentionally fails to follow his proper
instructions or warnings.
2. A maritime pilot shall
be obliged to regularly provide instructions on maritime 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.
3. A maritime pilot shall
be obliged to notify the port authority of ship navigation performance and any
dangerous change to maritime operations that he has discovered during the ship
navigation process.
4. A maritime pilot must
exercise due diligence in fulfilling his obligations. A maritime 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
maritime pilot shall not be permitted to leave a ship without the ship master’s
consent.
Article 252.
Obligations of ship master and owner during use of maritime pilotage
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. In the case of any loss
resulted from a maritime pilot's fault for navigating a ship, the shipowner
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 maritime 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 maritime pilot disembarkation. The shipowner or operator shall be
charged with liability to return a maritime pilot to the place of pilot
embarkation and pay any relevant cost.
Article 253.
Liabilities of a maritime pilot for any loss resulted from ship navigation fault
A maritime 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
maritime pilot's fault in ship navigation.
Article 254. Detailed
provisions on maritime pilotage
The Minister of Transport
of Vietnam shall adopt regulations on the regulatory maritime pilotage zone;
training standards for maritime pilots; issue and revocation of the certificate
in maritime pilotage profession and the certificate of maritime pilotage
operating zone.
Article 255. Pilotage
for public duty ship, fishing ship, inland watercraft, submarine, submersible,
floating production storage unit, mobile offshore unit and hydroplane and
foreign military vessel
Provisions of this Chapter
shall be applied to public duty ship, fishing ship, submarine, submersible,
floating production storage unit, mobile offshore unit and hydroplane and
foreign military vessel entering into the territory of Vietnam.
Chapter XII
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
3. They
must have the number of towboats in conformity with regulations. Towboats must
be Vietnamese-flagged ships.
4. The
Government shall provide detailed provisions on this Article and towage carried
out in Vietnam is not covered by provisions laid down in Clause 1 of this
Article.
Article
258. Ship towage contract
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 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
1. The owner of a towboat
shall be bound to present his towboat at the right place and time and ensure
technical conditions agreed upon in the ship towage contract.
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 ship towage
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 shipowner 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 production storage unit, mobile offshore unit, floating
dock and hydroplane
Provisions of this Chapter
shall be applied to military vessel, public duty ship, fishing ship, inland
watercraft, submarine, submersible, floating production storage unit, mobile
offshore unit, floating dock and hydroplane.
Chapter XIII
MARITIME RESCUE
Article 264. Maritime
rescue
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. A maritime 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 shipowner to enter into a maritime 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 maritime rescue
contract shall be concluded in the form agreed between parties.
4. Parties to a maritime
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 salvor, shipowner 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;
b) Apply proper measures
to prevent or reduce any environmental harm;
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime 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.
3. Rescue remuneration
shall be paid for whether the salvor performs direct or indirect acts to
protect the rescued party’s benefit concerning freight rate imposed on carriage
of goods, passengers or baggage; for rescue of ships owned by the same person.
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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;
e) The salvor’s time,
related cost and loss or damage;
g) Liability-related risks
and other risks to the salvor or equipment;
h) Timeliness of rescue
operations performed by the salvor;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 1 and 2 Article 267 hereof, the
salvor shall be entitled to a special amount of remuneration paid by the
shipowner.
2. A special amount of
remuneration stipulated in Clause 1 of this Article paid by the shipowner 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 Clause 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 Clause 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
Point h, I and k Clause 2 Article 267 hereof.
4. In every circumstance,
a full amount of special rescue remuneration provided for in this Article is
paid only to the extent that that amount is greater than the amount of rescue
remuneration to which the salvor may be accorded entitlement in accordance with
provisions of Article 267 hereof, and is the differential between the special
rescue remuneration and the rescue remuneration.
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
shipowner for rescued parties’ payment of such amount.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article 272.
Distribution of rescue remuneration
1. Rescue remuneration
shall be evenly distributed between the shipowner 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The Minister of
Transport of Vietnam shall provide detailed regulations on the method of
distribution of rescue remuneration between Vietnamese crew members.
Article 273. Right of
detention of 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 shipowner 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 maritime rescue
contract
The statute of limitation
for submission of a claim regarding execution of a maritime rescue contract
lasts for 02 years upon completion of a rescue operation.
Article 275. Maritime
rescue of military vessel, public duty ship, fishing ship, inland watercraft,
submarine, submersible, hydroplane, floating dock, floating production storage
unit and mobile offshore unit
Provisions of this Chapter
shall be applied to military vessel, public duty ship, fishing ship, inland
watercraft, submarine, submersible, hydroplane, floating dock, floating
production storage unit and mobile offshore unit.
Chapter XIV
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
maritime operations, or threaten human lives and health, or have impacts on
natural resources and cause environmental pollution.
Article 277.
Obligations of 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
Clause 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 shipowner
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.
3. Where the shipwrecked
property causes environmental pollution, the owner of the shipwrecked property
is required to apply measures to prevent and limit any loss that may arise and
compensate for any loss resulted from environmental pollution in accordance
with laws.
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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 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 Clause 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.
4. Where the sum generated
from auctioning of the shipwrecked property under the provisions of Clause 3 of
this Article is not adequate to make up for costs, the owner of that property
is bound to pay the sum owed within the deadline defined by the authority making
a decision on salvage of such property; in the event that the owner is not able
to make such payment or the owner of such property is unidentifiable, that sum
owed shall be covered by the state budget.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 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 Clause 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 Clause 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 Clause 2 and 3 Article 279
hereof.
3. For the period of 15
days of receipt of notification, unless the owner of such property claims that
property or fails to pay debts, the salvor shall be obliged to give such
property to the competent authority provided for by Article 284 hereof.
4. For the period of 60
days after the date of notification, unless the owner of such property referred
to in Clause 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 Clause 2 and 3 Article 279
hereof.
5. To the extent of the
circumstance stipulated in Clause 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 maritime rescue
remuneration.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 283. Treatment
of property which is adrift at sea or runs aground on coast
1. Treatment of property
which is adrift at sea and runs aground on the coast shall be consistent with
provisions laid down in Clause 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 maritime 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 of Vietnam shall take charge of conducting treatment of dangerous
shipwrecked property.
2. The Ministry of
Culture, Sports and Tourism of Vietnam shall take charge of conducting
treatment of shipwrecked property considered as cultural relics.
3. The Ministry of
National Defense of Vietnam shall take charge of treating shipwrecked property
relating to national defense and those that have been discovered in military
zones.
4. The Ministry of Public
Security of Vietnam shall take charge of treating shipwrecked property relating
to national security.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 ship master associated with a collision
1. In the case of a
collision, the master of the ship involved in such collision shall be obliged
to arrange rescue of people, ship and property of the other ship to the extent
that such rescue activities do not pose any serious danger to people, ship and
property on board his ship.
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 shipowner shall be
exempted from liability for the ship master’s failure to fulfill obligations
referred to in Clause 1 and 2 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 1 and 2 Article 286 hereof whenever acceptable conditions are present.
6. In the light of provisions
laid down in Clause 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.
Article 288. Ship
collision caused by acts of God, fortuitous events and unidentifiable fault
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 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
production storage unit and mobile offshore unit
Provisions of this Chapter
shall be applied to military vessel, public duty ship, fishing ship, inland
watercraft, submarine, submersible, hydroplane, floating dock, floating
production storage unit and mobile offshore unit.
Chapter XVI
GENERAL AVERAGE
Article 292. General
average
1. General average refers
to extraordinary sacrifice or expenditure intentionally and reasonably made for
the common safety for the purpose of preserving the ship, cargo, luggage, and
freight involved in a common maritime adventure from a common peril.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
Clause 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.
3. Distribution of general
average losses shall not exclude the right of persons involved to claim for
compensation of the person at fault.
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 shipowner.
2. The shipowner 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
The statute of limitation
for submission of a claim regarding general average lasts for 02 years from the
date on which a general average arises. The time of distribution of general
average losses shall be excluded from the statute of limitation for submission
of a claim regarding general average.
Chapter XVII
LIMITATION OF LIABILITY FOR
MARITIME CLAIMS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Shipowners 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 shipowners to the extent that these
shipowners 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
1. Claims in respect of loss of life or personal injury or other
impairment of health; loss of or damage to property, including damage to
harbour works, basins, waterways and aids to navigation, occurring on board or
in direct connection with the operation of the ship or salvage operations, and
consequential loss resulting therefrom.
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 connection with the
operation of the ship or salvage operations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
4. Claims by servants of the shipowner or salvor whose duties are connected
with the ship or the salvage operations; claims of their heirs, dependants or
other persons entitled to make such claims, if under the law governing the
contract of service between the shipowner or salvor and such servants the
shipowner or salvor is not entitled to limit his liability in respect of such
claims, or if he is by such law only permitted to limit his liability to an
amount greater than that provided for in Article 301 hereof.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) 167,000 units of
account for a ship with a tonnage of 300 GT;
b) 333,000 units of
account for a ship with a tonnage ranging from 300 GT to 500 GT;
c) In respect of a ship
with a tonnage in excess thereof, the following amount in addition to that
mentioned in Point b of this Clause: for each ton from 501 to 3,000 GT, 500
Units of Account; for each ton from 3,001 to 30,000 GT, 333 Units of Account;
for each ton from 30,001 to 70,000 GT, 250 Units of Account; for each ton in
excess of 70,000 GT, 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 GT;
b) 167,000 units of
account for a ship with a tonnage ranging from 300 GT to 500 GT;
c) In respect of a ship
with a tonnage in excess thereof, the following amount in addition to that
mentioned in Point b of this Clause: for each ton from 501 to 30,000 GT, 167
Units of Account; for each ton from 30,001 to 70,000 GT, 125 Units of Account;
for each ton in excess of 70,001 GT, 83 Units of Account.
4. Where the amount
calculated in accordance with Clause 2 is insufficient to pay the claims
mentioned therein in full, the amount calculated in accordance with Clause 3 of
this Article shall be available for payment of the unpaid balance of claims
under Clause 2 of this Article and such unpaid balance shall rank ratably with
claims mentioned under Clause 2 of this Article.
5. Claims referred to in
Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 shipowner acceptable by the Court.
4. After a limitation fund
has been constituted, any person shall be barred from infringement of any other
rights and assets of a person liable. Any property of a person liable which has
been arrested or any security given by such person may be released by order of
the Court.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
MARITIME INSURANCE CONTRACTS
Section 1. GENERAL
PROVISIONS
Article 303. Maritime
insurance contract
1. A contract of maritime
insurance refers to a contract of insurance against maritime risks whereby the
assured is bound to pay agreed premiums and the insurer undertakes to indemnify
the assured against maritime 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 maritime insurance
contract may be extended in accordance with specific conditions or commercial
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.
3. The maritime insurance
contract must be effected in writing.
Article 304. Subject of
a maritime insurance contract
1. The subject of a
maritime insurance contract refers to any pecuniary benefit relating to
maritime operations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime adventure.
2. A person is interested in a maritime 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.
3. The assured must be interested in the subject-matter insured at the time
of the loss though he need not be interested therein when the insurance is
effected. Provided that where the
subject-matter is insured “lost or not lost,” the assured may recover although
he may not have acquired his interest until after the loss, unless at the time
of effecting the contract of insurance the assured was aware of the loss, and
the insurer was not.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime insurance contract is effected.
2. A policy may be issued
in one of the following forms:
a) A voyage policy refers
to an insurance policy issued to the subject matter from one place to another
or other;
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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;
dd) The sum insured;
e) Place, day and month
and time of issuance of the policy;
g) Signature of the
insurer.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 1 of this Article shall be applied to a person
acting on his behalf.
Article 309. Automatic
termination of a maritime insurance contract
A maritime 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
1. Where the assured
intentionally breaches obligations referred to in Article 308 hereof, the
insurer shall be entitled to terminate the insurance contract. Where the
assured is not at fault for inaccurate declaration or declaration failure in
accordance with Article 308 hereof, the insurer shall not be entitled to
terminate the insurance contract, but shall be entitled to collect additional
insurance premiums at a reasonable rate.
2. Before any insurance
coverage commences, the assured may request termination of the maritime
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Provisions of Clause 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);
3. The insured value in
respect of this freight rate is the total monetary amount constituted by the
freight rate plus insurance premiums. Where the shipper buys insurance for the
freight rate, it is included in the insured value of goods;
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Clause 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.
Section 3. ASSIGNMENT
UNDER MARITIME INSURANCE CONTRACT
Article 314. Assignment
of policy
1. A maritime policy is assignable unless it contains terms expressly
prohibiting assignment. It may be
assigned either before or after loss.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 315. Assignment
of policy method
A marine insurance policy
may be assigned by endorsement by the assured or in accordance with commercial
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.
Article 317.
Performance of open cover contract
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
Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 MARITIME 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.
2. Where the assured
breaches regulations laid down in Clause 1 of this Article, the insurer shall
be entitled to refuse to indemnify a part of whole of the sum insured.
Article 321.
Obligations of 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
4. Where any maritime
peril covered by an insurance contract occurs, the insurer may pay the entire
sum insured to be discharged from all of other liabilities under contractual
terms and conditions. In this case, the insurer is bound to send his notice of
intent to the assured within a period of 07 days from the date on which the
notice of maritime peril already occurring and its consequence delivered by the
assured is received; the insurer shall not be allowed to claim his right of
ownership of the subject matter insured to the extent that the total sum
insured is less than the insured value.
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
Clause 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.
2. Unless otherwise agreed
upon in an insurance contract, in insurance on goods, the insurer shall be
discharged from liability for losses arising out of the following circumstances:
a) Nature of goods;
b) Escape, discharge,
wastage or natural wear and tear of goods;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 assured in submission of a claim against third parties
1. The assured shall be
obliged to provide the insurer with every news, materials and evidence that he
possesses and apply necessary measures to ensure that the insurer may enforce his
right of claim against third parties.
2. Where the assured fails
to secure his obligations referred to in Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 maritime accidents to the extent that it cannot be
repaired, or it has proved uneconomical to repair, recover or pay a ransom to
get the ship back.
3. Right of abandonment of
subject matter insured as referred to in Clause 2 of this Article shall be
enforced on goods, even if charges for repair or carriage of goods to the port
of discharge is much greater than the market price of such goods determined at
the port of discharge.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 assured in declaration of abandonment of 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 insurer’s acceptance or waiver of abandonment of subject matter insured
1. Within 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.
3. Where declaration of
abandonment of the subject matter insured is consistent with regulations but
the insurer rejects such abandonment, the assured shall remain entitled to
claim for any indemnity.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 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.
Article 336. Statute of
limitation for submission of claims regarding a maritime insurance contract
The statute of limitation
for submission of a claim regarding maritime insurance contract lasts for 02
years from the date on which any dispute arises.
Chapter
XIX
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 337. Maritime
disputes
Maritime dispute refers to
any dispute relating to maritime operations.
Article 338. Rules for
resolution of maritime disputes
1. Disputing parties may
resolve 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 maritime dispute involving at least one party that is foreign organization
or individual
1. Where a maritime
contract includes at least one party that is the foreign organization or
individual, parties to such contract may negotiate about settlement of a
dispute by an overseas Arbitration or Court.
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 Clause 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
IMPLEMENTATION [40]
Article 340. Effect
1. This Code comes into
force from July 01, 2017.
2. Vietnam Maritime Code
2005 shall cease to have effect from the date of the entry into force of this
Code.
Article 341.
Elaboration
The Government and
competent authorities shall elaborate Articles and clauses as assigned under
this Code.
CERTIFIED BY
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.