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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
171/2016/ND-CP
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Hanoi, December
27, 2016
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DECREE
REGISTRATION,
DEREGISTRATION, PURCHASE, SALE AND BUILDING OF SHIPS
Pursuant to the Law on Organization of the
Government dated June 19, 2015;
Pursuant to the Maritime Code of Vietnam dated
November 25, 2015;
At the request of Minister of Transport;
The Government promulgates a Decree on the
registration, deregistration, purchase, sale and building of ships.
Chapter I
GENERAL PROVISIONS
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1. This Decree introduces regulations on the
registration and deregistration of Vietnamese-flagged ships, the purchase,
sale, building, import and export of ships, and registration of ships under the
ownership of Vietnamese entities for sailing under foreign flags.
2. Regulations on the registration and
deregistration of ships in this Decree shall also apply to the registration and
deregistration of public service ships, submarines, submersibles, floating
production storage and offloading units, and mobile offshore drilling units.
3. This Decree shall not apply to the purchase,
sale and building of:
a) Ships which are under the ownership of foreign
entities and constructed in Vietnam;
b) Foreign-flagged ships which are under the
ownership of foreign entities and sold at auction in Vietnam under decisions on
enforcement of competent state agencies;
c) Public service ships, submarines, submersibles,
floating production storage and offloading units, and mobile offshore drilling
units.
4. This Decree shall not also apply to the
registration, deregistration, purchase, sale and building of ships serving
national defense and security purpose, nuclear-powered ships and seaplanes.
Article 2. Regulated entities
This Decree shall apply to Vietnamese and foreign
entities getting involved in the registration, deregistration, purchase, sale
and building of ships.
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In this document, these terms are construed as
follows:
1. Ship registration means that a competent agency
in charge of ship registration in Vietnam records information on ships in the
Vietnam National Ships Registration Book for archive and grants ship
registration certificates under regulations in this Decree and relevant laws.
The ship registration is carried out under the following forms:
a) Indefinite ship registration;
a) Periodical ship registration;
c) Registration of change;
d) Provisional registration of ship;
dd) Registration of ship under construction;
2) Registration of small ship.
2. Indefinite ship registration refers to the
registration of a ship when such ship fully satisfies the conditions prescribed
in Article 20 of the 2015 Maritime Code of Vietnam and in this Decree.
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4. Registration of change refers to the
registration of a ship which has been registered in the Vietnam National Ships
Registration Book when there is a change in the ship's name, the ship owner’s
name or address, the ship’s technical specifications or utilities, the ship
registration office or the ship classification agency.
5. Provisional registration of ship refers to the
registration of a ship under the ownership of a Vietnamese or foreign entity
for provisionally flying the Vietnamese flag in the following cases:
a) Fees and charges have been not yet paid as
regulated;
b) It has no certificate of ship deregistration but
has made a commitment in the ship purchase and sale contract that the seller
will hand over the certificate of ship deregistration to the purchaser. In this
case, the certificate of provisional registration of Vietnamese ship may take
effect only from the date on which the purchaser and seller sign the written
record of ship handover;
c) A newly built ship is put for test or received
for navigation to the place of registry on the basis of a shipbuilding
contract.
6. Registration of ship under construction refers
to the registration of a ship of which the keel has been laid but the building
is not yet completed.
7. Registration of small ship refers to the
registration of a motor ship with the main engine power of less than 75kW or a
non-motor ship with a gross tonnage of less than 50GT or a dead weight of less
than 100 tonnes or a design waterline length of less than 20 meters.
8. Ship purchase and sale means a process of market
research, preparation of a project dossier, decision on purchase and sale, and
signing and performance of a ship purchase and sale contract.
9. Valid application refers to the application
comprising all of the documents prescribed in this Decree.
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11. Age of a ship is calculated by years from the
date when the ship's keel is laid. In case it is unable to determine the date
of the keel laid, the age of a ship shall be counted from the date on which the
weight of the assembled hull of the ship reaches 50 tonnes or equals to 01% of
total estimated amount of materials of hull, whichever value is lower.
12. Project on purchase or building of ship with
state funding refers to the investment project on purchase of a ship or
construction of a new ship of which the state funding is accounted for 30% or
above or less than 30% but more than VND 500 billion of the project’s total
investment.
13. Project on purchase or building of ship with
other sources of funding refers to the investment project on purchase of a ship
or construction of a new ship without using state funding or of which the state
funding is accounted less than 30% and less than VND 500 billion of the
project’s total investment.
14. Project on sale of ship with state funding
refers to the project on sale of a ship which has been purchased or built
according to the project on purchase or building of ship with state funding.
15. Project on sale of ship with other sources of
funding refers to the project on sale of a ship which has been purchased or
built according to the project on purchase or building of ship with other
sources of funding.
Chapter II
REGISTRATION OF SHIP,
PUBLIC SERVICE SHIP, SUBMARINE, SUBMERSIBLE, FLOATING PRODUCTION STORAGE AND
OFFLOADING UNIT, AND MOBILE OFFSHORE DRILLING UNIT
Section 1. VIETNAM REGISTRAR OF
SHIP
Article 4. Vietnam registrar of
ship
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2. Maritime Sub-departments and Port Authorities
shall perform ship registration duties according to the division of
responsibility by the Vietnam Maritime Administration.
Article 5. Duties of Vietnam
registrar of ship
1. Make and manage the Vietnam National Ships
Registration Book.
2. Store and manage applications; consolidate, make
statistics on, maintain and update database concerning the registration of
ships, and provide relevant information to interested entities.
3. Perform the consistent management of the
printing and issuance of forms or templates of ship registration books,
application forms and papers relating to the registration of ships; develop the
application of information technology to the ship registration in accordance
with prevailing regulations.
4. Post on the website of the Vietnam Maritime Administration
specific information about addresses and accounts of registrars of ship so that
concerned entities may submit their applications by post and pay regulated fees
and charges through money transfer services provided by banks.
5. Organize the ship registration activities in
conformity with regulations in the 2015 Maritime Code of Vietnam, regulations
herein and relevant laws; develop the application of information technology to
the registration of ships under the method of online applications.
6. Carry out the ship mortgage in accordance with
regulations of the Law on secured transactions and registration of secured
transactions.
7. Collect, transfer, manage and use fees and
charges for ship registration as regulated by laws.
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1. The Vietnam National Ships Registration Book
records information concerning ships which have been registered or deregistered
in accordance with regulations. Main contents of the Vietnam National Ships Registration
Book are governed by regulations in Article 24 of the 2015 Maritime Code of
Vietnam.
2. The Vietnam registrar of ship shall perform the
printing and instruct the use and management of the Vietnam National Ships
Registration Book.
Section 2. REGISTRATION OF SHIPS
Article 7. Age limits of used
foreign ships registered in Vietnam for the first time
1. Age limits of used foreign-flagged ships,
submarines, submersibles, floating production storage and offloading units, and
mobile offshore drilling units which are registered in Vietnam for the first
time shall be provided for as follows:
a) Passenger ships, submarines and submersibles: 10
years of age;
b) Other ships, floating production storage and
offloading units, and mobile offshore drilling units: Not more than 15 years of
age;
c) In special cases, age limits shall be decided by
Minister of Transport provided it shall not exceed 20 years and only apply to
chemical tankers, ships carrying liquefied gases, oil tankers or floating
production storage and offloading units.
2. Age limits prescribed in Clause 1 of this
Article shall not apply to foreign-flagged ships which are under the ownership
of foreign entities and sold at auction in Vietnam under decisions on
enforcement of competent agencies.
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4. A foreign-flagged ship which has been purchased
by a Vietnamese entity under the form of purchase loan or hire purchase may,
after the registration period for sailing under the foreign flag expires, be
registered for sailing under the Vietnamese flag provided that the age of that
ship at the time of signing the purchase loan contract or the hire-purchase
contract conforms to regulations on age limits specified in Clause 1 of this
Article.
Article 8. Ship naming
1. The name of a ship may be given by the shipowner
in conformity with regulations in Article 21 of the 2015 Maritime Code of
Vietnam.
2. An application for approval for a ship name is
comprised of:
a) The application for approval for a given ship
name made according to the Form No. 05 stated in the Appendix enclosed
herewith;
b) The ship purchase and sale contract or the
shipbuilding contract or another deed of title of equivalent legal validity for
the ship (a certified copy or a copy accompanied with the original for
checking);
c) The business registration certificate or the
enterprise registration certificate (a certified copy or a copy accompanied
with the original for checking). In
case the ship is owned by a foreign organization, its license to establish a
branch or representative office in Vietnam (a certified copy or a copy
accompanied with the original for checking) is required;
d) If the ship is owned by an individual, his/her
ID card or citizen identity card or passport (a certified copy or a copy
accompanied with the original for checking) is required. If the shipowner is a
foreigner, his/her passport (a copy accompanied with the original for checking)
is required.
3. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship.
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a) With respect of applications received by hand,
the registrar of ship shall provide instructions to the applicant to complete
the application if it is invalid or record in the monitoring book and grant a
receipt of application giving an appointment to the applicant for returning the
application processing result within the prescribed period;
b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
c) Within 02 working days as of the receipt of
valid application, the registrar of ship shall give a written approval for the
ship name given by the shipowner. If the application is refused, a written
response indicating reasons thereof shall be given to the shipowner.
Article 9. Procedures for
indefinite ship registration
1. Certificate of registry of a Vietnamese-flagged
ship:
a) Certificate of registry of a Vietnamese-flagged
ship shall be granted to the ship which is registered for indefinite term when
that ship satisfied all of the prescribed conditions and has been recorded in
the Vietnam National Ships Registration Book under procedures specified herein;
b) 01 original of the Certificate of registry of
Vietnamese-flagged ship shall be granted according to the Form No. 06 stated in
the Appendix enclosed herewith;
c) Certificate of registry of Vietnamese-flagged
ship shall be valid from the date of issuance and invalid from the date on
which it is lost or the ship is deregistered.
2. An application for indefinite ship registration
shall include:
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b) Certificate of deregistration (the original) of
the used ship or the written record of handover of newly built ship (the
original);
c) The ship purchase and sale contract or the
shipbuilding contract or another deed of title of equivalent legal validity for
the ship (the original);
d) Ship tonnage certificate (a certified copy or a
copy accompanied with the original for checking);
dd) Ship classification certificate (a certified
copy or a copy accompanied with the original for checking);
e) Documents proving the payment of registration
fee as regulated, including the declaration of registration fee certified by
the tax agency and receipt of transfer of the fee into the state budget (a copy
accompanied with the original for checking). In case the ship is not subject to
the registration fee, the declaration of registration fee certified by the tax
agency (a copy accompanied with the original for checking) is required;
g) The business registration certificate or the
enterprise registration certificate (a certified copy or a copy accompanied
with the original for checking). In case the ship is owned by a foreign
organization, its license to establish a branch or representative office in
Vietnam (a certified copy or a copy accompanied with the original for checking)
is required;
h) If the ship is owned by an individual, the
application shall also include the shipowner’s ID card or citizen identity card
or passport (a certified copy or a copy accompanied with the original for
checking). If the shipowner is a foreigner, his/her passport (a copy
accompanied with the original for checking) is required.
3. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship.
4. Upon the receipt of the application, the
registrar of ship shall carry out the following procedures:
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b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
c) Within 02 working days as from the receipt of
valid application, the registrar of ship shall grant the Certificate of
registry of Vietnamese-flagged ship and directly or by post send it to the applicant.
If the application is refused, a written response indicating reasons thereof
shall be given to the applicant.
5. The shipowner shall pay registration fee
directly at the head office of the registrar of ship or by transfer to the
account of the registrar of ship before receiving the application processing
results in conformity with regulations announced by Ministry of Finance, and at
the same time pay fees for sending application and attached documents, and
money transfer fee.
Article 10. Procedures for
periodical ship registration
1. Certificate of periodical registry:
a) The ship registration period is specified in the
certificate of registry corresponding to the period of the hire-purchase
contract or the bareboat charter or as requested by the shipowner.
b) 01 original of the Certificate of periodical
registry shall be granted according to the Form No. 07 stated in the Appendix
enclosed herewith.
2. The application for periodical registration of a
ship which is owned by a Vietnamese entity under the form or hire-purchase or
bareboat charter includes:
a) The application for registration made according
to the Form No. 01 stated in the Appendix enclosed herewith;
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c) Ship classification certificate (a certified
copy or a copy accompanied with the original for checking);
d) The business registration certificate or the
enterprise registration certificate (a certified copy or a copy accompanied
with the original for checking);
dd) Certificate of suspended registry (if the ship
registration has been carried out in a foreign country) or Certificate of
deregistration (the original);
e) The hire-purchase contract or the bareboat
charter (the original);
g) The written record of ship handover (the
original);
h) Documents proving the payment of registration
fee as regulated, including the declaration of registration fee certified by
the tax agency and receipt of transfer of the fee into the state budget (a copy
accompanied with the original for checking). In case the ship is not subject to
the registration fee, the declaration of registration fee certified by the tax
agency (a copy accompanied with the original for checking) is required;
i) If the ship is owned by an individual, the
application shall also include the shipowner’s ID card or citizen identity card
or passport (a certified copy or a copy accompanied with the original for
checking).
3. The application for periodical registration of a
ship which is owned by a foreign entity shall include types of documents
prescribed in Points a, b, c, dd, e, g and h Clause 2 of this Article, and the
license to establish a branch or representative office in Vietnam (a certified
copy or a copy accompanied with the original for checking) or the shipowner’s
passport (a copy accompanied with the original for checking).
4. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship.
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a) With respect of applications received by hand,
the registrar of ship shall provide instructions to the applicant to complete
the application if it is invalid or record in the monitoring book and grant a
receipt of application giving an appointment for returning the application
processing result within the prescribed period;
b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
c) Within 02 working days as from the receipt of
valid application, the registrar of ship shall grant the Certificate of
periodical registry and directly or by post send it to the applicant. If the
application is refused, a written response indicating reasons thereof shall be
given to the applicant.
6. The shipowner shall pay registration fee directly
at the head office of the registrar of ship or by transfer to the account of
the registrar of ship before receiving the application processing results in
conformity with regulations announced by Ministry of Finance, and at the same
time pay fees for sending application and attached documents, and money
transfer fee.
Article 11. Procedures for
provisional ship registration
1. Certificate of provisional registration for a
Vietnamese-flagged ship:
a) 01 original of the Certificate of provisional
registration for Vietnamese-flagged ship shall be made according to the Form
No. 08 stated in the Appendix enclosed herewith and granted to the shipowner
who carries out the provisional registration for his/ her ship for sailing
under the Vietnamese flag;
b) Certificate of provisional registration for
Vietnamese-flagged ship shall be valid within 180 days from the date on which
it is granted;
c) If a Certificate of provisional registration for
Vietnamese-flagged ship expires but that ship cannot arrive Vietnam for completion
of the official registration procedures as prescribed herein, the registrar of
ship granting the Certificate of provisional registration for
Vietnamese-flagged ship may grant one-time extension provided it shall not
exceed 180 days as from the expiry date of the granted Certificate of
provisional registration for Vietnamese-flagged ship;
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2. Application for provisional ship registration:
a) In case the prescribed fees and charges have not
yet been paid, the application includes: The application for registration made
according to the Form No. 01 stated in the Appendix enclosed herewith, types of
documents prescribed in Points b, c, g and h Clause 2 Article 9 herein, and the
ship tonnage certificate and the ship classification certificate (certified
copies);
b) In case the certificate of deregistration has
been not yet granted, the application includes: The application for
registration made according to the Form No. 01 stated in the Appendix enclosed
herewith, types of documents prescribed in Points c, g and h Clause 2 Article 9
herein, and the ship tonnage certificate and the ship classification
certificate (certified copies);
c) In case the newly built ship is put for test,
the application includes: The application for registration made according to
the Form No. 01 stated in the Appendix enclosed herewith, types of documents
prescribed in Points c, g and h Clause 2 Article 9 herein, and the table of
ship tonnage figures;
d) In case the newly built ship is received for
navigation to the place of registry according to the shipbuilding contract, the
application includes: The application for registration made according to the
Form No. 01 stated in the Appendix enclosed herewith, types of documents
prescribed in Points c, d, dd, g and h Clause 2 Article 9 herein.
3. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship.
4. Upon the receipt of the application, the
registrar of ship shall carry out the following procedures:
a) With respect of applications received by hand,
the registrar of ship shall provide instructions to the applicant to complete
the application if it is invalid or record in the monitoring book and grant a
receipt of application giving an appointment for returning the application
processing result within the prescribed period;
b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
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5. The shipowner shall pay registration fee
directly at the head office of the registrar of ship or by transfer to the
account of the registrar of ship before receiving the application processing
results in conformity with regulations announced by Ministry of Finance, and at
the same time pay fees for sending application and attached documents, and
money transfer fee.
Article 12. Procedures for
grant of permission for a ship to provisionally fly the Vietnamese flag
1. Permission for a ship to provisionally fly the
Vietnamese flag:
a) 01 original of the permission for a ship to
provisionally fly the Vietnamese flag, made according to the Form No. 11 stated
in the Appendix enclosed herewith, shall be granted by the representative
mission of the Socialist Republic of Vietnam in foreign country (hereinafter
referred to as the overseas Vietnamese mission) to the Vietnamese entity that
purchases a ship from a foreign entity;
b) The permission for a ship to provisionally fly
the Vietnamese flag shall be valid for 01 specific voyage of that ship from the
date of issuance to the date of her arrival at the first sea port of Vietnam.
2. An application for the permission for a ship to
provisionally fly the Vietnamese flag shall include:
a) The application for registration of ship made
according to the Form No. 01 stated in the Appendix enclosed herewith;
b) Certificate of deregistration if it is a used
ship (a copy accompanied with the original for checking);
c) The written record of ship handover if the ship
is newly built in a foreign country for navigation to Vietnam (a copy
accompanied with the original for checking);
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dd) Ship tonnage certificate (a certified copy);
e) Ship classification certificate (a certified
copy);
g) The business registration certificate or the
enterprise registration certificate (a certified copy or a copy accompanied
with the original for checking). In case the ship is owned by a foreign
organization, its license to establish a branch or representative office in
Vietnam (a certified copy or a copy accompanied with the original for checking)
is required;
h) If the ship is owned by an individual, the
application shall also include the shipowner’s ID card or citizen identity card
or passport (a certified copy or a copy accompanied with the original for
checking). If the shipowner is a foreigner, his/her passport (a copy
accompanied with the original for checking) is required.
3. The applicant shall, by hand or by post, submit
01 set of application to one of the overseas Vietnamese missions in the country
where the ship is purchased or the newly built ship is handed over.
4. Upon the receipt of the application, the
overseas Vietnamese mission shall carry out the following procedures:
a) With respect of applications received by hand,
the overseas Vietnamese mission shall provide instructions to the applicant to
complete the application if it is invalid or record in the monitoring book and
grant a receipt of application giving an appointment for returning the
application processing result within the prescribed period;
b) With respect of applications received by post,
the overseas Vietnamese mission shall, within 02 working days as of the receipt
of the invalid application, provide instructions to the applicant to complete
that application in conformity with regulations herein;
c) Within 02 working days as from the receipt of
valid application, the overseas Vietnamese mission shall grant the permission
for a ship to provisionally fly the Vietnamese flag and directly or by post
give it to the applicant. If the application is refused, a written response
indicating reasons thereof shall be given to the applicant.
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Article 13. Procedures for
registration of a ship under construction
1. Certificate of registry of a ship under
construction:
a) 01 original of the Certificate of Registry of a
ship under construction, made according to the Form No. 09 stated in the
Appendix enclosed herewith, shall be granted;
b) Certificate of registry of a ship under
construction may not replace the Certificate of ship registry.
2. An application for registration of a ship under
construction includes:
a) The application for registration of ship made
according to the Form No. 01 stated in the Appendix enclosed herewith;
b) The shipbuilding contract or the contract for
sale and purchase of a ship under construction (the original);
c) The keel laying certificate granted by the
shipbuilding enterprise with the certification of the classification agency
(the original). If a ship has no keel, the certificate granted by the
shipbuilding enterprise with the certification of the classification agency to
certify that the weight of the assembled hull of the ship reaches 50 tonnes or
equals to 01% of total estimated amount of materials of hull (the original) is
required;
d) The business registration certificate or the
enterprise registration certificate (a certified copy or a copy accompanied
with the original for checking). In case the ship is owned by a foreign
organization, its license to establish a branch or representative office in
Vietnam (a certified copy or a copy accompanied with the original for checking)
is required;
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3. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship.
4. Upon the receipt of the application, the
registrar of ship shall carry out the following procedures:
a) With respect of applications received by hand,
the registrar of ship shall provide instructions to the applicant to complete
the application if it is invalid or record in the monitoring book and grant a
receipt of application giving an appointment for returning the application
processing result within the prescribed period;
b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
c) Within 02 working days as from the receipt of
valid application, the registrar of ship shall grant the Certificate of
registration for ship under construction, and directly or by post send it to
the applicant. If the application is refused, a written response indicating
reasons thereof shall be given to the applicant.
5. The shipowner shall pay registration fee directly
at the head office of the registrar of ship or by transfer to the account of
the registrar of ship before receiving the application processing result in
conformity with regulations announced by Ministry of Finance, and at the same
time pay all fees for sending application and attached documents, and money
transfer fee.
Article 14. Procedures for
registration of small ship
1. 01 original of the Certificate of registry of
small ship shall be granted according to the Form No. 06 stated in the Appendix
enclosed herewith.
2. An application for registration of small ship
includes:
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b) Certificate of deregistration (the original) of
the used ship or the written record of handover of newly built ship (the
original);
c) The ship purchase and sale contract or the
shipbuilding contract or another deed of title of equivalent legal validity for
the ship (the original);
d) Documents proving the payment of registration
fee as regulated, including the declaration of registration fee certified by
the tax agency and receipt of transfer of the fee into the state budget (a copy
accompanied with the original for checking). In case the ship is not subject to
the registration fee, the declaration of registration fee certified by the tax
agency (a copy accompanied with the original for checking) is required;
dd) The business registration certificate or the
enterprise registration certificate (a certified copy or a copy accompanied
with the original for checking). In case the ship is owned by a foreign
organization, its license to establish a branch or representative office in
Vietnam (a certified copy or a copy accompanied with the original for checking)
is required;
e) If the ship is owned by an individual, the
application shall also include the shipowner’s ID card or citizen identity card
or passport (a certified copy or a copy accompanied with the original for
checking). If the shipowner is a foreigner, his/her passport (a copy
accompanied with the original for checking) is required;
g) Certificate of satisfaction of technical safety
and environmental protection requirements (a certified copy or a copy
accompanied with the original for checking).
3. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship.
4. Upon the receipt of the application, the
registrar of ship shall carry out the following procedures:
a) With respect of applications received by hand,
the registrar of ship shall provide instructions to the applicant to complete
the application if it is invalid or record in the monitoring book and grant a
receipt of application giving an appointment for returning the application
processing result within the prescribed period;
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c) Within 02 working days as from the receipt of
valid application, the registrar of ship shall grant the Certificate of
registry of small ship, and directly or by post send it to the applicant. If
the application is refused, a written response indicating reasons thereof shall
be given to the applicant.
5. The shipowner shall pay registration fee
directly at the head office of the registrar of ship or by transfer to the
account of the registrar of ship before receiving the application processing
result in conformity with regulations announced by Ministry of Finance, and at
the same time pay all fees for sending application and attached documents, and
money transfer fee.
Article 15. Procedures for
registration of change
1. If there is any change in the contents of the
Certificate of registry prescribed in Clause 4 Article 3 herein, the shipowner
must, within 30 days as from the occurrence of such change, carry out
procedures for registration of change and shall have a new certificate of
registry corresponding to the previous form of registry.
2. An application for registration of change
includes:
a) The application for changing registration made
according to the Form No. 02 stated in the Appendix enclosed herewith;
b) Documents corresponding to the changed contents;
c) The original of the granted Certificate of
registry or the original of the Certificate of deregistration in case of change
of the registrar of ship. If the ship is navigating on the sea or in a foreign
country, the shipowner may submit the copy provided the shipowner must make a
commitment and submit the original within 30 days as from the date of issuance
of the new certificate of registry;
d) If the ship is under a mortgage, the written
consent given by the mortgagee is required.
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4. Upon the receipt of the application, the
registrar of ship shall carry out the following procedures:
a) With respect of applications received by hand,
the registrar of ship shall provide instructions to the applicant to complete
the application if it is invalid or record in the monitoring book and grant a
receipt of application giving an appointment for returning the application
processing result within the prescribed period;
b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
c) Within 02 working days as from the receipt of
valid application, the registrar of ship shall grant the new certificate of
registry, and directly or by post send it to the applicant. If the application
is refused, a written response indicating reasons thereof shall be given to the
applicant.
5. The shipowner shall pay registration fee
directly at the head office of the registrar of ship or by transfer to the
account of the registrar of ship before receiving the application processing
result in conformity with regulations announced by Ministry of Finance, and at
the same time pay all fees for sending application and attached documents, and
money transfer fee.
Article 16. Procedures for
re-issuance of certificate of registry
1. If a certificate of registry is lost, torn or
damaged, the registrar of ship shall re-issue the certificate of registry to
the shipowner based on the previous form of ship registration.
2. An application for re-issuance of certificate of
registry includes:
a) The application for re-issuing certificate of
registry made according to the Form No. 04 stated in the Appendix enclosed
herewith;
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3. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship
where the ship has been registered and granted with the certificate of
registry.
4. Upon the receipt of the application, the
registrar of ship shall carry out the following procedures:
a) With respect of applications received by hand,
the registrar of ship shall provide instructions to the applicant to complete
the application if it is invalid or record in the monitoring book and grant a
receipt of application giving an appointment for returning the application
processing result within the prescribed period;
b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
c) Within 02 working days as from the receipt of
valid application, the registrar of ship shall grant the certificate of
registry, and directly or by post send it to the applicant. At the same time,
the registrar of ship shall send a notification of re-issuing certificate of
registry to the mortgagee. If the application is refused, a written response
indicating reasons thereof shall be given to the applicant.
5. The shipowner shall pay fee for re-issuance of
the certificate of registry of ship directly at the head office of the
registrar of ship or by transfer to the account of the registrar of ship before
receiving the application processing result in conformity with regulations
announced by Ministry of Finance, and at the same time pay all fees for sending
application and attached documents, and money transfer fee. The shipowner must
notify the ship mortgagee of the re-issuance of the certificate of registry of
ship if the ship is under the mortgage.
Section 3. REGISTRATION OF
PUBLIC SERVICE SHIP, SUBMARINE, SUBMERSIBLE, FLOATING PRODUCTION STORAGE AND
OFFLOADING UNIT, AND MOBILE OFFSHORE DRILLING UNIT
Article 17. Regulations on
registration of public service ship, submarine, submersible, floating
production storage and offloading unit, and mobile offshore drilling unit
1. Registration of public service ship, submarine,
submersible, floating production storage and offloading unit, or mobile
offshore drilling unit refers to the recording of information about the public
service ship, submarine, submersible, floating production storage and
offloading unit, or mobile offshore drilling unit in the Vietnam National Ships
Registration Book for archive and grant of certificate of registry.
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Article 18. Procedures for
registration of public service ship, submarine, submersible, floating
production storage and offloading unit, and mobile offshore drilling unit
1. Procedures for the registration of public
service ship, submarine, submersible, floating production storage and
offloading unit or mobile offshore drilling unit shall be same as the
procedures for registration of ship prescribed in Article 8 - 16 herein.
2. In case of registration of public service ship,
the shipowner shall submit the Decision on establishment of agency/ unit made
by competent authority (a certified copy or a copy accompanied with the
original for checking) as a substitute for the document prescribed in Point c
Clause 2 Article 8, Point g Clause 2 Article 9, Point d Clause 2 Article 10,
Point g Clause 2 Article 12, Point d Clause 2 Article 13 and Point dd Clause 2
Article 14 herein.
Chapter III
DEREGISTRATION OF SHIP,
PUBLIC SERVICE SHIP, SUBMARINE, SUBMERSIBLE, FLOATING PRODUCTION STORAGE AND
OFFLOADING UNIT, AND MOBILE OFFSHORE DRILLING UNIT
Article 19. General
regulations on deregistration
2. The shipowner must carry out the procedures for
deregistration of ship within the prescribed period in the following cases:
a) Within 60 days as from the date on which the
ship loses features of a seagoing ship, the ship was destructed or the ship
sank and it was unable to rescue it;
b) Within 24 months as from the date on which the
ship has gone missing;
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3. Regulations on the deregistration of ship
prescribed in this Chapter shall be also applied to the deregistration of
public service ship, submarine, submersible, floating production storage and
offloading unit, and mobile offshore drilling unit.
Article 20. Procedures for
deregistration
1. 01 original of the Certificate of deregistration
of ship, made according to the Form No. 10 stated in the Appendix enclosed
herewith, shall be granted to the shipowner.
2. An application for deregistration includes:
a) The application for deregistration made
according to the Form No. 03 stated in the Appendix enclosed herewith;
b) Certificate of registry (the original). If the
certificate of registry has been lost, the shipowner must make a report
indicating reasons thereof;
c) If the ship is under mortgage, the application
requires the consent in writing of the mortgagee and the shipowner must carry
out procedures for deregistration of ship mortgage before carrying out
procedures for deregistration of ship.
3. The applicant shall, by hand or by post or by
other appropriate form, submit 01 set of application to the registrar of ship
where the ship has been registered.
4. Upon the receipt of the application, the
registrar of ship shall carry out the following procedures:
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b) With respect of applications received by post,
the registrar of ship shall, within 02 working days as of the receipt of the
invalid application, provide instructions to the applicant to complete that
application in conformity with regulations herein;
c) Within 02 working days as from the receipt of
valid application, the registrar of ship shall grant the certificate of
deregistration, and directly or by post send it to the applicant. If the
application is refused, a written response indicating reasons thereof shall be
given to the applicant.
5. The shipowner shall pay deregistration fee
directly at the head office of the registrar of ship or by transfer to the
account of the registrar of ship before receiving the application processing
result in conformity with regulations announced by Ministry of Finance, and at
the same time pay all fees for sending application and attached documents, and
money transfer fee.
Chapter IV
PURCHASE, SALE AND
BUILDING OF SHIP
Article 21. Principles for
purchase, sale and building of ship
1. The purchase, sale and building of ship are
specific investment activities. Procedures and formalities for purchase, sale
and building of ship are performed in accordance with regulations herein and
relevant laws.
2. Ships to be purchased, sold or built must
satisfy the conditions on maritime safety and security and environmental
protection in accordance with the law of Vietnam and international treaties to
which Vietnam is a signatory.
Article 22. Forms of purchase,
sale and building of ship
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2. The sale of ship with state funding shall be
performed in accordance with regulations of the Law on bidding. If all
regulations of the Law on bidding have been applied but it still fails to
select the qualified buyer, the competitive offering shall be adopted in
conformity with the international practices with the participation of at least
03 parties who offer buying prices and are the buyers or brokers.
3. The shipbuilding project with state funding
shall be performed in accordance with regulations of the Law on bidding. If all
regulations of the Law on bidding have been applied but it fails to select the
qualified shipbuilding enterprise or shipyard, the competitive offering shall
be adopted with the participation of at least 03 shipbuilding enterprises or
shipyards or their representatives.
4. The purchase, sale and building of ships with
other sources of funding shall be subject to decisions of enterprises,
organizations or individuals concerned.
Article 23. Process of ship
purchase
1. The process of purchasing ship with state
funding:
a) Select type of ship, estimate the buying price
and costs related to the ship purchase transaction;
b) Establish, appraise and give approval for the
ship purchase project. The ship purchase project must include contents about
the necessity of investment, type of ship, quantity, basic technical specifications
of the ship, estimated buying price, source of funding for ship purchase, form
of ship purchase, method of operation, economic efficiency and other necessary
contents;
c) Make decision on purchase of ship;
d) Complete procedures for ship purchase.
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Article 24. Process of selling
ship
1. The process of selling ship with state funding:
a) Determine the reserve price and estimate costs
related to the ship selling transaction;
b) Establish, appraise and give approval for the
project on sale of ship. The project on sale of ship must include contents
about the necessity of selling ship, quantity, basic technical specifications
of the ship, estimated selling price, form of selling ship and other necessary
contents;
c) Make decision on sale of ship;
d) Complete procedures for selling ship.
2. The sale of ship with other sources of funding
shall be subject to decisions of enterprises, organizations or individuals
concerned.
Article 25. Process of
executing the project on building of ship
1. The process of executing the project on building
of ship with state funding:
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b) Establish, appraise and give approval for the
project on building of ship. The project on building of ship must include
contents about the necessity of investment, type of ship, quantity, basic
technical specifications of the ship, estimated price, source of funding for
building of ship, form of ship building, method of operation, economic
efficiency and other necessary contents;
c) Make decision on building of ship;
d) Complete procedures for building of ship.
2. The project on building of ship with other
sources of funding shall be subject to decisions of enterprises, organizations
or individuals concerned.
Article 26. Power to give
approval for policies/ decisions on sale, purchase or building of ship
1. With respect of the projects on sale, purchase
or building of ships with state funding, the power to give approval for
policies/ decisions on sale, purchase or building of ships shall be governed by
regulations of the Law on management and use of state funding for performing
production and business activities at enterprises.
2. The projects on sale, purchase or building of
ships with other sources of funding shall be subject to decisions of
enterprises, organizations or individuals concerned.
Article 27. Documents
concerning decisions on purchase, sale or building of ships
1. Documents concerning decision on purchase of
ship include:
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b) The approved project on purchase of ship,
enclosed with Decision on approval for the project;
c) The copy of Certificate of registry of ship;
d) The report on the technical survey of ship made
by the Vietnam Register or a foreign register which must be a member of the
International Association of Classification Societies (IACS);
dd) Copies of certificates of maritime safety and
security, maritime labour and environmental protection granted by competent
authorities to the ship in operation;
e) The written approval for loan policies of credit
institution (if any).
2. Documents concerning decision on sale of ship,
including ships under construction, include:
a) The written request for the sale of ship, in
which the ship selling price must be specified;
b) The copy of Certificate of registry of ship;
c) The written approval for the sale of ship given
by the entity providing loans to the enterprise or guarantor for the enterprise
in connection with the to-be-sold ship or the mortgagee of the to-be-sold ship;
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dd) The approved project on sale of ship, enclosed
with Decision on approval for the project.
3. Documents concerning decision on building of
ship include:
a) The written request for building of ship, in
which the result of selecting shipbuilding enterprise or shipyard to execute
the project on building of ship must be specified;
b) The approved project on building of ship,
enclosed with Decision on approval for the project;
c) The design of the ship being built which has
been approved by the register;
d) Main contents of the draft of contract or
similar agreement;
dd) The loan guarantee agreement, if so requested
by the ship builder or loan provider.
Article 28. Responsibility and
power of the ship purchaser, seller and builder
1. The ship purchaser, seller and builder shall be
responsible for:
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b) The genuineness and technical quality of the
ship; the purchasing, selling or building price and financial conditions of the
project of sale, purchase or building of ship;
c) Contents of provisions of the draft of contract
for sale, purchase or building of ship. The said contract may be officially
signed only after obtaining the competent authority’s decision on the purchase,
sale or building of ship;
d) The investment efficiency of the project; the
rationality of the purchase or building method and capital-raising method
selected to suit the financial capability, technology and ship operation plan.
2. The ship purchaser, seller and builder shall
have the right to:
a) Directly negotiate and sign ship purchase, sale
or building contract and carry out the procedures for handover, import or
export of ship based on competent authority’s decision on purchase, sale or
building of ship;
b) Hire project consultants or entrust an entity to
carry out the procedures for handover, import or export of ship, where
necessary.
Article 29. Procedures for
import/ export of ship
1. Based on decision on the purchase, sale or
building of ship, the contract for purchase, sale or building of ship, the
written record of ship handover and the written certification of the ship’s
technical status granted by the Vietnam Register upon the first inspection of
imported ship, custom agency shall assume responsibility to carry out procedures
for import/ export of ship.
2. In case export procedures for an exported ship
must be carried out, the custom agency shall carry out export procedures
without navigating such ship to Vietnam provided the shipowner must submit the
written commitment and assume responsibility before the law for the fact all
procedures for export of such ship have been completed in compliance with laws.
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Chapter V
REGISTRATION OF SHIP
UNDER THE OWNERSHIP OF A VIETNAMESE ENTITY FOR SAILING UNDER THE FOREIGN FLAG
Article 30. Registration
requirements for a ship under the ownership of a Vietnamese entity for sailing
under the foreign flag
1. The ships purchased or newly built of
state-owned enterprises or enterprises with state contributions must be
registered for sailing under the Vietnamese flag in conformity with regulations
herein, except for the cases prescribed in Clause 3 of this Article.
2. A ship under the ownership of a Vietnamese
entity without the state funding may be registered for sailing under the
foreign flag according to the shipowner’s decision. Within 30 days as from the
date of registry of ship for sailing under the foreign flag, the shipowner must
send a copy of Certificate of registry of ship to the Vietnam Registrar of Ship
for management.
3. A Vietnamese-flagged ship which is under the
hire-purchase contract or the bareboat charter with a foreign entity may be
registered for sailing under the foreign flag if it is requested by the
shipowner.
4. Regulations in this Article shall also apply to
floating production storage and offloading units, and mobile offshore drilling
units.
Article 31. Procedures for
registration of ship for sailing under the foreign flag
1. Procedures for registration of a ship for
sailing under the foreign flag shall be carried out in conformity with
regulations of the Law of the country of which the flag is flied by that ship.
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Chapter VI
IMPLEMENTATION
Article 32. Effect
1. This Decree comes into force as of July 01,
2017.
2. The Government’s Decree No. 161/2013/ND-CP dated
November 12, 2013 on the registration, purchase, sale and building of ships is
abrogated.
Article 33. Transitional
provision
1. Certificates of registry of ships and
certificates of ship mortgage which have been granted before the entry into
force of this Decree shall maintain their validity until the expiration of the
validity duration specified in such certificates or occurrence of any change of
contents about the ship registration, the registration of ship mortgage or the
deregistration of ship mortgage.
2. Projects on purchase, sale and building of ships
which have been given approval before the entry into force of this Decree shall
be executed regardless of the governance of regulations herein.
Article 34. Implementation
organization
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc