THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 18/2006/ND-CP
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Hanoi, February 10, 2006
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DECREE
ON THE DISPOSAL OF PROPERTY SUNK
IN THE SEA
THE GOVERNMENT
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2004 Vietnam Maritime Code;
At the proposal of the Minister of Transport,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.- Governing scope
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Article 2.- Subjects of application
This
Decree applies to Vietnamese as well as foreign organizations and individuals
related to the disposal of sunken property.
Chapter II
DISPOSAL OF
SUNKEN PROPERTY
Section 1. IDENTIFICATION OF OWNERS OF SUNKEN
PROPERTY
Article 3.- Notification of sunken property
1.
Owners of sunken property, persons who incidentally recover sunken property,
and persons who discover, salvage or take part in the salvage of other people's
property floating on the sea or washed ashore shall have to immediately notify
the nearest maritime port authority or commune- or district-level People's
Committee of the location and kinds of the sunken property.
Within
07 (seven) days after receiving the notice, maritime port authorities or
commune- or district-level People's Committees shall have to report such to the
Vietnam Maritime Administration or provincial-level People's Committees; where
the sunken property is exported or imported goods, they must also report to the
nearest custom agency for coordinated handling according to the provision of
customs law.
2. For
the property sunk in military areas, owners of sunken property, persons who
incidentally recover sunken property or persons who discover, salvage or take
part in the salvage of other people's property floating on the sea or washed
ashore shall have to immediately notify such to the nearest military agency.
Local military agencies shall have to report to their superior military agency
within 07 (seven) days after receiving the notice.
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Article 4.- Notification of the identification of owners of sunken
property
1.
Where sunken property has papers, documents, symbols or codes indicating the
names and addresses of its owners, within 07 (seven) days after receiving the
notice about the sunken property, maritime port authorities or commune- or
district-level People's Committees shall have to notify the property owners
according to such addresses.
2.
Where owners of sunken property have not yet been identified, within 07 (seven)
days after receiving the notice about the sunken property, the Vietnam Maritime
Administration or provincial-level People's Committees shall have to make 03
(three) consecutive notices on central or local mass media in order to find
owners of the sunken property.
3.
Within 60 (sixty) days from the date of the last notice as specified in Clause
1 and Clause 2 of this Article, owners of sunken property or their lawful
representatives shall have to contact the notifying agency(ies) in order to
fill in procedures for receiving back their property or perform their
property-recovering obligations.
4.
Where owners of sunken property or their lawful representatives fail to notify
or recover their sunken property within the prescribed time limit, such
property shall belong to the state and be disposed of according to the
provisions of this Decree and other relevant provisions of law.
Article 5.- Contents of notices to find owners of sunken property
A
notice to find owner of sunken property must have the following principal
contents:
1.
Description of the characteristics of the property;
2.
Time and place of discovery or recovery of sunken property;
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4.
Name and address of the notifying agency.
Article 6.- Expenses for identification of owners of sunken property
Expenses
for identification of owners of sunken property shall be accounted into
expenses for disposal of sunken property.
Article 7.- Establishment of ownership over property sunk in the sea
whose owners are unidentifiable
The
establishment of ownership over property sunk in the sea whose owners are
unidentifiable shall comply with the provisions of Article 187 and Article 240
of the 2005 Civil Code and other relevant provisions of law.
Section 2. RECOVERY OF SUNKEN PROPERTY
Article 8.- Recovery of sunken property
1.
Recovery of sunken property means raising, removal or destruction of sunken
property.
2.
Owners of sunken property or competent agencies defined in Article 9 of this
Decree shall have to organize the recovery of sunken property.
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1. For
sunken property that causes danger to maritime shipping activities, its owners
shall have to make and report recovery plans to maritime port authorities and
organize the recovery right after such plans are approved by maritime port
authorities. Where owners of sunken property have not yet been identified,
maritime port authorities shall have to make and submit recovery plans to the
Vietnam Maritime Administration and organize the recovery right after obtaining
approval of the Vietnam Maritime Administration. If sunken property that causes
danger to maritime shipping activities is a underwater cultural relic or
related to defense or security, the recovery plans shall be approved only after
the Ministry of Culture and Information or the Ministry of Defense is
consulted.
2. For
sunken property being underwater cultural relics, the recovery thereof shall
comply with the provisions of law on cultural relics.
3. For
sunken property related to defense and security and property sunk in military
areas, local military agencies shall have to make and submit recovery plans to
the Ministry of Defense for approval and decision on the organization of the
recovery thereof.
4. For
sunken property not specified in Clauses 1, 2 and 3 of this Article,
provincial-level People's Committees shall plan, approve and decide on the
recovery thereof.
5. The
Ministry of Natural Resources, other ministries and branches shall, based on
their functions, tasks and powers, have to coordinate with agencies defined in
Clauses 1, 2, 3 and 4 of this Article in organizing the recovery of sunken
property.
Article 10.- Contents of plans on the recovery of sunken property
A plan
on the recovery of sunken property must have the following principal contents:
1.
Name and location of the sunken property;
2.
Agency or unit in charge of the recovery;
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4.
Means and methods of recovery;
5.
Methods for assurance of marine navigation safety;
6.
Methods for preservation of the property;
7.
Methods for prevention of environmental pollution;
8.
Methods for fire and explosion prevention and fighting (if necessary);
9.
Estimated fund for the recovery.
Article 11.- Rights to recovery of sunken property
1.
Vietnamese organizations and individuals shall be prioritized to conduct the
recovery of property sunk in Vietnam's internal waters or territorial sea.
2.
Where Vietnamese organizations or individuals are unable to recover the sunken
property, based on the kinds of sunken property as defined in Article 9 of this
Decree, concerned ministers or presidents of provincial-level People's
Committees shall decide to allow foreign organizations or individuals to
recover sunken property according to the provisions of this Decree and other
relevant provisions of law.
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Where
the sunken property that causes danger to maritime shipping activities is
recovered and put for auction, but proceeds from the auction are not enough to
cover expenses and the property owner fails to make payment therefor or is
unidentifiable, the deficit amount shall be offset with maritime assurance
charges; if expenses for the recovery of sunken property exceed the payment
capacity of the maritime assurance charge revenue, the deficit amount shall be
additionally offset with the state budget.
Section 3. PRESERVATION, DELIVERY AND RECEIPT
OF SUNKEN PROPERTY
Article 13.- Preservation of sunken property
1.
Owners of sunken property shall have to preserve their property, except for
cases defined in Clause 3 and Clause 4 of this Article.
2.
Persons who incidentally recover property, persons who discover, salvage or
take part in the salvage of other people's property floating on the sea or
washed ashore the Vietnamese coast shall have to preserve such property until
it is delivered to the nearest maritime port authority or commune- or
district-level People's Committee.
Maritime
port authorities or commune- or district-level People's Committees shall have
to designate organizations or individuals to preserve the property.
3. If
the sunken property is an underwater cultural relic, it shall be preserved
under the provisions of law on cultural relics.
4. For
sunken property related to national defense and security and property sunk in
military areas, concerned military agencies shall have to organize the
preservation thereof.
Article 14.- Delivery and receipt of sunken property
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2. A
minutes on the delivery and receipt of sunken property must have the following
principal contents:
a/
Name and address of the property-delivering organization or individual;
b/
Name and address of the property-receiving organization or individual;
c/
Time and place of discovery or recovery of the property;
d/
Characteristics of the property and other necessary information.
3. A
minutes on the delivery and receipt of sunken property must be signed by lawful
representatives of the deliverer and the recipient; each party shall keep 01
copy and other copies shall be sent to concerned agencies.
Chapter III
IMPLEMENTATION
PROVISIONS
Article 15.- Implementation effect
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Article 16.- Organization of implementation
The
Minister of Transport, the Minister of Culture and information, the Minister of
Defense, the Minister of Natural Resources and Environment, concerned
ministers, presidents of provincial/municipal People's Committees, the director
of the Vietnam Maritime Administration, heads of concerned agencies, and
organizations and individuals shall have to implement this Decree.