THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 39/1998/ND-CP
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Hanoi, June 10, 1998
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DECREE
ON DEALING WITH
PROPERTY SUNK IN THE SEA
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Vietnam Maritime Code of June 30, 1990;
Pursuant to the Civil Code of October 28, 1995;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree stipulates in
detail the dealing with of property sunk in the sea.
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Article 2.- The property sunk in the sea
mentioned in this Decree include sea-going vessels of all kinds, goods or other
objects, regardless of their origin, value, characteristics, ownership form and
the time of sinking within the internal waters, the territorial waters, the
contiguous areas of the territorial waters, of whether they are found floating
on the open sea or drifting onto the Vietnamese shore.
Article 3.-
1. Owners of sunken property are obliged to
salvage their sunken property. In cases where they do not salvage or fail to
salvage their sunken property within the prescribed time limit the competent
State agencies defined in Article 4 of this Decree shall decide the salvage of
such property.
2. Owners of sunken property shall bear all
costs in relation to the salvage of their sunken property. In cases where the
sunken property are sea-going vessels owned by Vietnamese people mentioned in
Clause 1, Article 177 of the Vietnam Maritime Code, the property owners shall
be liable for paying only the costs arising in the salvage within the limit of
the actual value of the salvaged property. The remainder shall be covered with
the maritime assurance fees.
3. The managers and users of sunken property
shall have to be jointly responsible to the competent State agencies for the
salvage of their sunken property and pay all costs in relation to such salvage.
4. In cases where the sunken property cause
environmental pollution, their owners shall have to pay compensation for the
damage caused by such environmental pollution in accordance with the provisions
of law.
Article 4.-
1. The Minister of Communications and Transport
shall assume the prime responsibility and coordinate with the People's
Committees of the provinces and cities directly under the Central Government
(hereafter collectively referred to as the provincial-level People's
Committees) and the concerned ministries and branches in dealing with the
property being sunken sea-going vessels or other property which endanger or
obstruct maritime navigation, port operations and marine natural resource
exploitation, threaten human life and health or pollute the environment.
2. The provincial-level People's Committees
shall assume the prime responsibility and coordinate with the Ministry of
Communications and Transport and the concerned ministries, branches and
localities in dealing with other sunken property not mentioned in Clause 1 of
this Article.
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Article 5.- All organizations and
individuals having sunken property or involved in the discovery, salvage,
maintenance or dealing with property sunken in the sea shall have to exercise
their rights and fulfill their obligations in accordance with the provisions of
this Decree and relevant provisions of Vietnamese laws. If they record
meritorious achievements merits they shall be commended and if they commit violations,
they shall be handled according to the provisions of law.
Chapter II
IDENTIFICATION OF OWNERS OF PROPERTY SUNK IN THE SEA
Article 6.-
1. Depending on the kinds of sunken property
mentioned in Clauses 1 and 2, Article 4 of this Decree, the owners, managers or
operators of the property, the discoverers or the people who salvage by chance
sunken property, shall have to notify the nearest maritime port authority or
the nearest commune, ward or township People's Committees (hereafter
collectively referred to as the commune-level People's Committees).
Upon receiving the notice, the directors of the
maritime port authorities or the presidents of the commune-level People's
Committees shall have to apply necessary measures to protect and manage such
sunken property and report it to the Vietnam National Maritime Department or
the People's Committees of the rural or urban districts, provincial capitals or
towns (hereafter collectively referred to as the district-level People's
Committees) so that the latter report it to the Ministry of Communications and
Transport or the concerned provincial-level People's Committees.
2. For property sunk in military areas, their
owners, managers operators or discoverers or the people who salvage by chance
property sunk in military areas shall also make a notification as provided for
in Clause 1 of this Article. The agencies that receive such notification shall
have to not only discharge their tasks but also notify the nearest military
agency.
Article 7.-
1. Within seven days from the date of receipt of
the reports the Vietnam National Maritime Department or the provincial-level
People's Committees shall have to identify the owners of the discovered sunken
property.
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b/ In cases where the owners of the property
sunk in the sea have not yet been identified, the Vietnam National Maritime
Department or the provincial-level People's Committees shall make such notices
for three consecutive times on the central or local newspapers.
2. Within 60 (sixty) days from the date of the
last notice, the owners of the sunken property or their lawful representatives
under the Vietnamese laws shall have to contact the notifying agency(ies) so as
to fill the procedures for receiving back their property.
Past the above-mentioned time limit, the
property shall be dealt with in accordance with Article 17, Article 18 and
Article 19 of this Decree.
Article 8.- A notice to look for the
owner(s) of the sunken property must include the following principal contents:
1. Description of the characteristics and
specifica-tions of the sunken property;
2. The time, place and circumstances where the
sunken property is discovered or salvaged;
3. The dead line and address of the place where
the owner(s) or his/her/their authorized represen-tatives shall have to appear
and fill the procedures for receiving back the property;
4. The address of the notifying agency for the
property owner(s) to contact for timely settlement.
Article 9.- The costs for the
identification of the owner(s) of the sunken property shall be accounted into
the costs in relation to the salvage of the sunken property.
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SALVAGE OF PROPERTY SUNK IN THE SEA
Article 10.- Responsibilities of the
director of the Vietnam National Maritime Department for the salvage of
property sunk in the sea:
1. Submitting to the Minister of Communications
and Transport for approval the proposed deadline for the completion of the
salvage of the property sunk in the sea according to Clause 2, Article 175 of
the Vietnam Maritime Code.
2. Drawing up options on the salvage of the
property sunk in the sea and submit them to the Minister of Communications and
Transport for decision according to Clause 3, Article 175 and Clause 1 and
Clause 2, Article 177 of the Vietnam Maritime Code.
3. Organizing the salvage of the property sunk
in the sea mentioned in Clause 1, Article 4 of this Decree under the
authorization of the Minister of Communications and Transport.
Article 11.- The presidents of the
provincial-level People's Committees shall decide the deadline for and organize
the salvage of the sunken property not mentioned in Clause 1, Article 4 of this
Decree.
Article 12.-
1. The Minister of Defense or the heads of the
military agencies, who are authorized by the Minister of Defense shall grant
permits to salvage property sunk in military areas or salvage military
equipment.
2. In cases where military equipment is sunken
outside military areas, endangering or obstructing maritime navigation, sea
port operation or marine resource exploitation, threatening human life and
health, or causing pollution to the marine environment, the granting of
salvaging permits and the organization of the salvage of the sunken property
prescribed in Clause 1 of this Article shall be effected within the time limit
set by the Minister of Communications and Transport.
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Chapter IV
PRESERVING AND DEALING WITH PROPERTY SUNK IN THE SEA
Article 14.- Organizations or individuals
that salvage by chance sunken property shall have to preserve such property
till the time they are handed over to the competent agencies defined in Article
6 of this Decree. The delivery and receipt of property must be recorded in
writing in accordance with Article 15 of this Decree.
The maritime port authorities or the
commune-level People's Committees shall have to designate competent people or
agencies to receive and preserve such property.
Article 15.-
1. The document on the delivery and receipt of
property sunk in the sea must include the following principal contents:
a/ The name and address of the organization or
individual that hands over the sunken property;
b/ The name and address of the organization or
individual that receives the sunken property;
c/ The time, location and circumstances in
relation to the discovery or salvage of the sunken property;
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2. The sunken property delivery and receipt document
must be signed by the competent representatives of both delivering and
receiving parties. The maritime port authorities or the commune-level People's
Committees shall have to send such document to the Vietnam National Maritime
Department or the concerned district-level People's Committees.
3. The sunken property delivery and receipt
document must be made in three copies, two of them shall be kept by the
delivering and the receiving parties, and one copy shall be sent to the Vietnam
National Maritime or the concerned district-level People's Committee.
Article 16.- In cases where the sunken
property is military equipment, immediately after the completion of the
delivery and receipt procedures, the maritime port authorities or the
commune-level People's Committees shall have to deliver such property to the
local military agency for preservation and settlement according to the
provisions of law.
Article 17.-
1. For property being imported or exported goods
which are floating on the sea or drifting ashore, the maritime port authorities
or the commune-level People's Committees shall, after receiving such property,
have to notify the nearest customs agency thereof for coordination in dealing
with such property according to the provisions of the customs legislation.
2. For sunken property discovered or salvaged
which are antiques, historical or cultural relics, the Vietnam National
Maritime Department or the district-level People's Committees shall have to
report to the Ministry of Communications and Transport or the
provincial-People's Committees and the Ministry of Culture and Information for
coordination in dealing with them according to the provisions of law.
3. For sunken property being sea-going ships or
property which are neither antiques nor historical and cultural relics but are
of great value, the Minister of Communications and Transport or the
provincial-level People's Committees shall coordinate with the concerned
agencies in dealing with such property according to current laws and report the
results thereof to the Prime Minister.
Article 18.-
1. Where the property owners fail to pay the
related costs according to the prescribed deadline already notified to them,
the director of the Vietnam National Maritime Department or the
provincial-level People's Committees shall be entitled to decide to auction the
property according to the provisions of law. After paying all the expenses for
salvaging, preserving and organizing the auction of the property as well as
other related reasonable expenses, the remaining amount of money (if any) shall
be deposited into a temporary deposit account at a Vietnamese bank and the
property owners shall be notified thereof. After 180 (one hundred eighty) days
from the notification date, if the property owners do not receive, such
remaining amount of money and interest thereon shall be remitted into the State
budget.
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3. In cases where it is impossible to identify
the owner(s) of sunken property as stipulated in Clause 1, Article 4 of this
Decree and the proceeds from the auction of the salvaged property is not enough
to cover the expenses mentioned in Clause 1 of this Article, the collected
maritime assurance fees can be used to make up for such deficit.
Article 19.- In cases where the owners of
the sunken property do not receive back their property or are unidentifiable as
stipulated in Article 7 and Article 8 of this Decree, such property shall come
under the ownership of the Vietnamese State.
Chapter V
IMPLEMENTATION PROVISIONS
Article 20.- This Decree takes effect 15
days after its promulgation. The previous stipulations which are contrary to
this Decree are hereby annulled.
Article 21.-The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the provinces and cities directly under the
Central Government and the Director of the Vietnam National Maritime Department
shall have to implement this Decree.
THE GOVERNMENT
Phan Van Khai