THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 91/CP
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Hanoi, August 23,
1997
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DECREE
ISSUING THE REGULATION ON THE REGISTRATION OF SEA-GOING
SHIPS AND CREWS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Maritime Code of Vietnam of June 30, 1990;
At the proposal of the Minister of Communications and Transport,
DECREES:
Article 1.- To issue
together with this Decree the "Regulation on the Registration of Sea-going
Ships and Crews".
Article 2.- This Decree
takes effect 15 days after its signing and replaces Decree No. 14-CP of
February 25, 1994 of the Government.
The provisions on the registration of sea-going
ships and crews which are contrary to the Regulation issued together with this
Decree are now annulled.
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Article 3.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the Peoples Committees
of the provinces and cities directly under the Central Government shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Duc Luong
REGULATION
ON THE REGISTRATION OF SEA-GOING SHIPS AND CREWS
(issued
together with Decree No. 91-CP of August 23, 1997 of the Government)
Chapter I
GENERAL PROVISIONS
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Article 2.-
1. The following kinds
of sea-going ships must be registered under this Regulation:
a/ Motorized sea-going ships with the main
engines capacity of 75/CV or more;
b/ Sea-going ships without motor but having a
total tonnage of 50 GRT or more or a capacity of 100 DWT or more or a design
water length of 20 meters or more;
c/ Sea-going ships which are smaller than those
described in Point a and Point b of this Clause but operate on overseas routes;
d/ Sea-going ships used only for fishing,
processing and domestic transport of aquatic and marine products.
2. Sea-going ships used only for military and
security purposes under the management of the Ministry of Defense and the
Ministry of the Interior and their crews shall be registered under a separate
regulation and not subject to this Regulation.
Article 3.-
1. All ship owners can
operate their ships only after they have completed the registration of their
ships and crews in accordance with this Regulation and relevant provisions of
Vietnamese law.
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2. The State of Vietnam protects all lawful
interests of ship owners from the time their ships are registered till the time
such registration is deleted.
3. All ship owners are obliged to manage and
commercially use their sea-going ships already registered in Vietnam in
accordance with Vietnamese law and pay a registration fee according to the
regulations of the Ministry of Finance and current provisions of law.
Article 4.-
1. The Ministry of
Communications and Transport (the Vietnam Maritime Department) shall provide
for the organization and operation of its attached registry of sea-going ships
and crews; be responsible for registering sea-going ships described in Point a,
b and c, Clause 1, Article 2 of this Regulation.
2. The Ministry of Aquatic Resources shall
provide for the organization and operation of its attached registry of
sea-going ships and crews; be responsible for registering those sea-going ships
described in Point d, Clause 1, Article 2 of this Regulation.
Article 5.- The
registries of sea-going ships and crews that operate in various regions in
accordance with the stipulations and assignment of the Heads of the agencies
stated in Article 4 of this Regulation (regional registries of sea-going ships
and crews for short). These registries shall have to establish and manage the
"regional registration book of sea-going ships", and perform other
tasks in their specialized fields of State management authorized by the
competent level.
Chapter II
REGISTRATION OF
SEA-GOING SHIPS
Section A. CONDITIONS FOR
REGISTRATION OF SEA-GOING SHIPS
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1. It no longer bears a foreign registration;
2. It has been technically inspected,
categorized, has its tonnage measured and has been granted the necessary
certificates corresponding to its category, kind and use purposes by "Dang
Kiem Vietnam" (the Vietnam Ship Registry) or a competent registry of
sea-going ships;
3. For a used ship of a foreign country which
applies for first-time registration or re-registration in Vietnam, it must not
be more than 15 years old. In special cases, permission from the Prime Minister
shall be required;
4. It must be owned by a Vietnamese organization
having its main office in Vietnam or by a Vietnamese citizen permanently
residing in Vietnam;
5. It must have its own name given by its owner
and approved by the registry of sea-going ships and crews. In cases a ship is
named after a historical figure, event or place, a written approval of the
Minister of Communications and Transport or the Minister of Aquatic Resources
(if the ship is used exclusively for aquatic resources service) is required.
6. Ship owners shall have to commit themselves
not to use their ships for unlawful purposes or to affect the interests and
prestige of the State of Vietnam.
Article 7.- Sea-going
ships owned by joint venture enterprises or enterprises with 100% of foreign
invested capital which have been established and operating under the Law on
Foreign Investment in Vietnam may be registered in Vietnam if they satisfy all
the conditions prescribed in Clauses 1, 2, 3, 5 and 6, Article 6 of this
Regulation.
Article 8.-
1. Sea-going ships owned
by foreign organizations or individuals may be registered in Vietnam if they
satisfy the conditions prescribed in Clauses 1, 2, 3, 5 and 6, Article 6 of
this Regulation.
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Section B. ORDER AND
PROCEDURES FOR SEA-GOING SHIP REGISTRATION
Article 9.-
1. All ship-owners are
obliged to register their ships at the regional registry of sea-going ships and
crews.
2. At the same point of time each sea-going ship
is allowed to register at only one registry of sea-going ships and crews.
Article 10.- When
filling the registration procedures, a ship-owner shall have to submit and
produce the originals (or copies authenticated by competent State agencies) of
the following papers:
1. Papers to be submitted (one copy each):
- The application for sea-going ship
registration together with the commitment stated in Clause 6, Article 6 of this
Regulation;
- The certificate of deletion of the former
registration (for a used ship); or the certificate issued by the foreign
registry where the ship is registered of the ships temporary discontinuation of
its original registration during the period it is leased under a bare-boat
charter party or a leasing contract.
- The ships building contract or a contract for
the transfer of the ownership over the ship;
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- The certificate of the ships category; the
certificate of the ships seaworthiness and the certificate of the ships
tonnage;
- The certificate related to the actual status
of the ownership over the ship;
- The certificate of payment of registration fee
(if any).
2. Papers to be produced:
- The ships technical safety dossier issued by
the registry of shipping;
- The permit for use of the ships radio issued
by a competent post agency (if the ship is equipped with a radio receiving and
transmitting station);
- Other certificates of the right to use and
exploit sea-going ships, issued by the competent State management agency of
Vietnam in accordance with the provisions of law;
- The insurance contract for the ship-owners
civil liability.
Article 11.-
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2. Not later than 03 days from the date the
"ship registration certificate" is granted, the ship shall be
recorded in the "national registration book of sea-going ships" of
Vietnam.
3. Both the ship-owner and ship-master are
obliged to preserve and keep all the time on board the "sea-going ship
registration certificate" issued by the registry of sea-going ships and
crews. If the "sea-going ship registration certificate" is lost,
damaged or has the ships name, callback, technical specifications changed, the
ship-owner must fill the procedures for re-issue. The "sea-going ship
registration certificate" which is re-issued in the above-mentioned cases
must retain the registration number and date recorded in the last certificate.
Article 12.- Right
after a sea-going ship is registered, the ship-owner shall be entitled and
obliged to fly the Vietnamese flag on board the ship; and, at the same time,
paint on the ship its name, the name of the place where the ship is registered
and the logo of Vietnamese ships. The logo of Vietnamese ships mentioned in
this Article shall comply with the guidances of the registry of sea-going ships
and crews.
Section C. CHANGE OF THE
SHIPS NAME, RE-REGISTRATION AND CHANGE OF THE PLACE OF REGISTRATION
Article 13.- In case of
change of a ships name, the ship-owner shall have to make an application
clearly stating the reason. The registry of sea-going ships and crews where the
ship is registered shall consider for re-issue of the "sea-going ship
registration certificate" not later than 05 days after receiving the valid
dossier.
Article 14.-
1. In case of
re-registration, the registry of sea-going ships and crews where the ship was
previously registered shall base itself on the old dossier and the
re-registration application as well as the dossier of the ship-owner to
re-issue the "sea-going ship registration certificate".
2. When the ship-owner is replaced under a
contract for transfer of the ownership over the ship or the ships registration
is moved from one to another registry in Vietnam, the registration order and
procedures shall comply with the provisions in Section B, Chapter II of this
Regulation.
Section D. PROCEDURES FOR
REGISTRATION DELETION
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1. The registration of a
Vietnamese sea-going ship shall be automatically deleted from the
"national registration book of sea-going ships" in the following
cases:
a/ The ship is destroyed or sinks and the agency
for investigation of maritime accidents has certified that the ship has
virtually lost its seaworthiness;
b/ The ship is considered missing when it has
completely lost contact with the ship-owner for a time twice longer than the
time necessary for the ship to go from the place where the ship-owner receives
the last information from the ship to the destination port under normal
circumstances. However, such period of time shall not be less than 30 days or
exceed 90 days after receipt of the last information from the ship. In war
time, this time limit may be longer but must not exceed 180 days.
c/ The ship is irreparably damaged or
uneconomically reparable because the repair cost may exceed the actual value of
the ship before the journey or the repair cannot be made on the spot and it is
impossible to move the ship to another place for repair;
d/ The ship has no more basis and conditions for
bearing Vietnamese nationality under this Regulation;
e/ The ship is no longer a sea-going ship as it
has lost its basic technical specifications under current sea-going ship
designing and building criteria.
2. The registration of a Vietnamese sea-going
ship may be deleted from the "national registration book of sea-going
ships" at the proposal of the ship-owner when the ownership transfer is
effected or the ship is moved abroad for registration.
Article 16.- The
ship-owner shall have to make an application clearly stating the reason for
such registration deletion according to the provisions in Article 15 of this
Regulation. The regional registry of sea-going ships and crews shall verify the
veracity of the application for registration deletion before issuing a
"registration deletion certificate" within 07 days after receiving
the application; not later than 03 days from the date of issuing such
certificate, it has to delete the ships name from the "national
registration book of sea-going ships".
Section E. PROCEDURES FOR
REGISTERING THE PLEDGE, MORTGAGE AND MARITIME LIEN ON SEA-GOING SHIPS
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1. The order and
procedures for the pledge, mortgage of or maritime lien on sea-going ships
shall comply with the provisions of Vietnams Maritime Code and relevant
provisions of Vietnamese law.
2. The pledge, mortgage of or maritime lien on a
sea-going ship must be registered at the regional registry of sea-going ships
and crews where such ship is registered and be recorded in the "national
registration book of sea-going ships".
3. Once the pledge, mortgage of or maritime lien
on a sea-going ship has been registered, the regional registry of sea-going
ships and crews where the ship is registered shall issue a certificate of such
pledge, mortgage or maritime lien.
Article 18.-
1. In case a ship is
pledged, mortgaged or subject to maritime lien, the mortgagor, pledgor or the
person requesting maritime lien on the ship shall promptly inform in writing
the regional registry of sea-going ships and crews where such ship is
registered thereof to record it in the "national registration book of sea-going
ships".
2. The pledge, mortgage of or maritime lien on a
sea-going ship shall cease to be effective only under the provisions of law or
after the pledgor, mortgagor or maritime lienor of the ship requests in writing
the cancellation thereof.
3. The order for registering the pledge,
mortgage of or maritime lien on a sea-going ship in the "national
registration book of sea-going ships" shall serve as the basis for
determining the priority order for settling related disputes.
4. Upon a lawful request, the Registry of
sea-going ships and crews shall be responsible for supplying the in-formation
on the situation of the ownership of the registered ship to the requesting
organization or individual.
Article 19.-
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- The application for registration of the
pledge, mortgage of or maritime lien on the sea-going ship;
- The contract for the mortgage or pledge of the
sea-going ship or the document on the maritime lien on the sea-going ship (if
there are copies, they must be certified by a competent agency).
2. Within 07 days from the date of receipt of
all the papers mentioned in Clause 1 of this Article, the regional Registry of
sea-going ships and crews where the ship is registered shall grant the
certificate of registration of the pledge, mortgage of or maritime lien on the
sea-going ship. In case the regional registry refuses to issue such certificate
due to the lack of conditions or has not yet issued it for a plausible reason,
it shall have to promptly inform the concerned organization or individual
thereof.
3. The registry of sea-going ships and crew
shall be entitled to collect fees on the registration of pledge, mortgage or
maritime lien according to the regulations of the Ministry of Finance.
Section F. OVERSEAS
REGISTRATION OF SEA-GOING SHIPS OWNED BY VIETNAMESE ORGANIZATIONS OR INDIVIDUALS
Article 20.-
1. A sea-going ship owned
by a Vietnamese organization having its head office in Vietnam or by a
Vietnamese citizen permanently residing in Vietnam may be permitted to be
registered abroad if it satisfies the following conditions:
a/ The ship is exploited under a bare-boat
charter party or a leasing contract signed between the Vietnamese ship-owner
and a foreign organization or individual;
b/ The registration of the ship in a foreign
country is approved by a competent agency of such foreign country while the
ownership of the Vietnamese ship-owner is retained;
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2. The permission for the overseas registration
of a sea-going ship owned by a Vietnamese organization or individual shall be
decided by the Minister of Communications and Transport or the Minister of
Aquatic Resources (if the sea-going ship is used only for the aquatic resources
service).
Article 21.-
1. Before registering
abroad a ship which has been already registered in Vietnam, the shipowner shall
have to make an application for registration deletion or ask for permission to
temporarily cease the registration in the "national registration book of
sea-going ships".
2. The Registry of sea-going ships and crews
where the ship is registered shall delete the registration and grant a
"registration deletion certificate" or a "certificate of
temporary cessation of registration" to the Vietnamese sea-going ship to
be registered abroad and at the same time promptly inform the Registry of
sea-going ships and crews so that it deletes the ships name in the
"national registration book of sea-going ships".
Article 22.- The
application of laws to settling issues related to sea-going ships provided for
in Article 20 of this Regulation shall be carried out on the following
principles:
1. Vietnamese law shall apply to settling issues
related to the ownership of sea-going ships.
2. Laws of the foreign country where the ship is
registered shall apply only to settling issues related to the right to use and
management of the ship on the basis of the bare-boat charter party or a leasing
contract.
Chapter III
REGISTRATION OF CREW
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Article 24.-
1. Only those Vietnamese
citizens who have fitting health conditions and certificates of maritime
qualifications under the provisions of Vietnamese law are allowed to work on
sea-going ships.
2. Foreign crews are allowed to work on
Vietnamese sea-going ships owned by joint venture enterprises with foreign
parties in Vietnam, but a total number shall not exceed one-third of the
complement of each ship and the ship-captain or assistant ship-captain must be
a Vietnamese citizen.
3. Foreign crews mentioned in Clause 2 of this
Article must have fitting health conditions and certificates of maritime
navigation qualifications under Vietnamese law. The various certificates of
maritime navigation qualifications granted to foreign crews by foreign
competent agencies shall be recognized only when it is clearly written in such
certificates that they are granted under relevant international agreements
which Vietnam has signed or acceded to.
Article 25.-
1. The ship-owner shall
be responsible for arranging the complement on the ship in accordance with the
provisions of law and such complement must be registered at the Registry of
sea-going ships and crews where the ship is registered.
2. The Registry of sea-going ships and crews
where the ship is registered shall be responsible for inspecting the
arrangement of the complement by the ship-owner and fill procedures for
registering such complement in the "list of crew" book issued to the
ship. If the complement is improperly arranged, it shall have to promptly
request the ship-owner to rearrange it in accordance with the provisions of
law.
Article 26.-
1. The Registry of
sea-going ships and crews shall be responsible for issuing passports to the
crews who are Vietnamese citizens working on Vietnamese sea-going ships
operating on overseas routes.
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a/ Personal applications for passport;
b/ A brief resume certified by the ship-owner
and 2 photos of 4x6 cm size;
c/ Copies of the crew members qualifications
certificates certified by a competent State agency;
d/ The decision of the ship-owner to appoint the
crew member to work on board the ship operating on overseas routes.
3. The ship-owner shall be fully responsible for
his/her decisions to appoint crew members to work on the ship operating on
overseas routes.
Article 27.- The valid
duration of a crew members passport shall be written in the passport. The
extension of the passport, change of the ships name and the crew members title
written in the passport shall be effected by the Registry of sea-going ships and
crews where the ship is registered on the basis of the ship-owners decision to
transfer (or change the title of) the crew member.
2. The use and preservation of the crews
passports shall comply with the provisions of law.
3. Only the ship-owner, crew and organizations
that hire crews in Vietnam may apply for crews passports.
Article 28.- The
Ministry of Aquatic Resources shall provide for the procedures for registration
of the crew working on sea-going ships which are used only in the aquatic
resources service.
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HANDLING OF VIOLATIONS
Article 29.- All
violations of the regulations on the registration of sea-going ships and crews
provided for in this Regulation shall be handled in accordance with the
provisions of law.
2. All complaints and denunciations of
organizations and individuals related to violations of the regulations on the
registration of sea-going ships and crews provided for in this Regulation shall
be settled in accordance with the provisions of law.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Duc Luong