Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Code provides for maritime operations, including regulations on sea-going ships, seafarers, seaports, navigational channels, inland ports, marine transportation, maritime safety and security, environmental protection, state administration of maritime and other operations relating to use of ships for economic, cultural, social, sports, official duty and scientific research purposes.
Military vessels, official duty ships, fishing vessels, inland watercraft, submarines, submersibles, hydroplanes, floating warehouses, movable platforms, floating docks, military ports, fishing ports and harbors, and inland waterway terminals, shall only be subject to this Code in the event that this is specifically provided for by this Code.
2. Where there is any difference between regulations enshrined in this Vietnam Maritime Code and other regulations on the same content relating to maritime operations, the first shall prevail.
Article 2. Applicable entities
This Code shall apply to Vietnamese organizations or individuals; overseas organizations or individuals engaging in maritime operations within the territory of Vietnam.
Article 3. Rules of application of laws in case of conflict of laws
1. Any legal relation concerning the ownership of property onboard a ship, ship charter-party, seafarer employment contract, passenger and baggage carriage contract, division of remunerations paid for rescue service between the owner of a rescue vessel and all crew members working onboard such rescue vessel who save and salvage property sunk in international waters, or cases that may happen onboard a ship underway in international seas, shall be governed by laws of the country of which the national ensign is flown on that ship.
2. Any legal relation concerning a common loss shall be subject to the laws effective in the location where a ship ends its journey immediately after such loss occurs.
3. Any legal relation concerning a maritime accident, collision or emergency case, remuneration paid for rescue and salvage of property sunk in internal or territorial waters of a country shall be governed by the laws of this country.
Any legal relation concerning a maritime accident, collision or emergency case, or rescue activities that take place in international waters shall be governed by the laws of the country of which the Arbitral Body or Tribunal first handles dispute settlement proceedings.
Any maritime accident or collision that occurs in international waters between ships of the same nationality shall be governed by the laws of the country whose national ensign is flown by these ships.
4. Any legal relation concerning a freight shipping contract shall be governed by the laws of the country to which freight is shipped as agreed upon in this contract.
Article 4. Definition
For the purposes of this Code, terms used herein shall be construed as follows:
1. Watercraft refers to means operating above or under water surface, including ships, vessels and boats, and others with or without any engine.
2. Official duty ship refers to purpose-built watercraft used for performing state-assigned public duties without serving commercial purposes.
3. Submarine refers to a means capable of independently operating above and under water surface.
4. Submersible refers to a means capable of underwater operations assisted by another means or equipment operating above water surface or on the shore.
5. Floating warehouse refers to a floating structure specially designed to contain and preliminarily treat oil for the purpose of petroleum exploration, extraction and processing.
6. Movable platform refers to a floating structure specially designed to serve the purpose of exploration, extraction activities and marine operations.
7. Floating dock refers to a floating structure which is not self-propelled one and is used for lifting and commissioning watercraft to serve the purpose of ship building, repair and overhaul.
8. Port land area refers to an enclosed area of land used for constructing wharves, warehouses, storage yards, facilities, work offices, service establishments, traffic, communications, electricity and water supply systems, and other auxiliary facilities as well as installing necessary equipment.
9. Port water area refers to an enclosed area of water used for forming the sea space facing against wharves, or used as turning basin, anchorage, transhipment, storm shelter, pilot embarkation or disembarkation, phytosanitary inspection area, navigational channel, and for construction of other auxiliary facilities.
10. Port terminal refers to an area which is composed of an area of land and an area of water in a seaport and is used for constructing wharves, warehouses, storage yards, facilities, work offices, service establishments, traffic, communications, electricity and water supply systems, and an area of water facing against wharves, navigational channels and other auxiliary facilities. A port terminal includes one or a lot of wharves.
11. Wharf refers to a fixed or floating component of a port terminal which is used for anchoring vessels, handling cargoes, embark and disembark passengers as well as providing other maritime services.
12. Dry port refers to a component of traffic infrastructure system which plays its role as a center of transportation activities associated with operations of seaports, airports and inland ports, rail terminals, land bordergates, and concurrently functions as the port of departure or arrival of goods transported by sea.
13. Anchorage refers to an area of water which is formed and made known to the public in order for ships to anchor before landing at the wharf, floating warehouse, entering into the transhipment area or passing the navigable channel or rendering other services.
14. Transhipment area refers to an area of water which is formed and made known to the public as well as serves the purpose of cargo and passenger transhipment and rendering of other maritime services.
15. Storm shelter refers to an area of water which is formed and made known to the public in order for ships to be protected from storms and other natural disasters.
16. Pilot embarkation and disembarkation area refers to an area of water which is formed and made known to the public in order for ships to carry out pilot embarkation and disembarkation.
17. Phytosanitary inspection area refers to an area of water which is formed and made known to the public in order for ships to anchor to perform phytosanitary inspection activities in accordance with laws and regulations.
18. Turning basin refers to an area of water which is formed and made known to the public in order for ships to turn around.
19. Navigational channel refers to a limited section of an area of water which is determined by maritime signaling systems and other auxiliary facilities to ensure safety for operations of ships and other watercraft. A navigational channel is composed of public and dedicated navigational channels.
20. Public navigational channel refers to the navigational channel which is invested in, developed, managed and operated to serve the purpose of marine operations.
21. Dedicated navigational channel refers to the navigational channel which is invested in, developed, managed and operated for the purpose of dedicated port activities.
22. Marine signaling system refers to marine instructional facilities or equipment, including warning or cautious images, lights, sounds and radio signals, which are formed and operated in order to provide safety instructions for ships.
23. Inland sea transportation refers to carriage of cargoes, passengers, baggage by sea between the point of departure and the point of arrival of cargoes, passengers and baggage located within the territorial waters of Vietnam.
24. Maritime infrastructure includes infrastructural systems of seaports, offshore oil ports, navigational channels, maritime support systems, marine signaling systems, electronic marine information systems, sea wave and sand prevention embankments, flow redirection embankments and other marine structures which have been invested in, constructed or established within seaport water areas and territorial waters of Vietnam to serve the purpose of marine operations.
25. GT refers to an abbreviated symbol of total tonnage of a ship determined under the 1969 International Convention on Tonnage Measurements of Ships.
Article 5. Negotiating rights in contracts
1. Parties to contracts concerning marine operations have rights to enter into private negotiations, unless otherwise restricted by this Code.
2. Parties to contracts relating to marine operations under which there is at least one party that is an overseas organization or individual shall have rights to negotiate which foreign law or international maritime practice governs contractual relations, and to decide on the Arbitral Body or Tribunal in either of countries or in a third country for dispute settlement purposes.
3. If stipulated by this Code or agreed upon by parties in contracts, foreign laws may be applied in Vietnam with respect to contractual relations pertaining to marine operations provided that such laws are not inconsistent with basic rules of Vietnamese laws.
Article 6. Marine operation rules
1. Marine operations must comply with regulations enshrined in this Code, other regulations of Vietnamese laws and the international agreements to which the Socialist Republic of Vietnam is a signatory.
2. Marine operations must ensure maritime safety and security; national defence and security; protection of interests, sovereignty, sovereignty right and jurisdiction of the Socialist Republic of Vietnam.
3. Marine operations must be consistent with the national socio-economic development strategy and the scheme, planning and proposal for traffic and transportation development.
4. Marine operations must ensure economic effectiveness in collaboration with protection, regeneration and sustainable development of natural environment and landscape.
Article 7. Regulatory policies on marine development
1. The State shall adopt regulatory policies on marine development for marine economic development and national defence purposes.
2. Prioritize development of maritime infrastructure by adopting preferential policies applied to the seaport planning and attraction of capital invested in construction and operation of such maritime infrastructure.
3. Prioritize development of the fleet of ships for sea transportation through incentive policies on taxes and loan interest rates imposed for investment in development of such fleet and sea transportation activities.
4. Prioritize development of marine workforce; development of crew members that can meet domestic and international demands by adopting seafarer training and education policies; employment standards and benefits of seafarers.
5. Enhance international cooperation, promote participation in international maritime organizations, and sign, join and implement international maritime agreements.
6. Stimulate research into and transfer of advanced and modern scientific and technological applications in the maritime sector.
7. Encourage every organization or individual to invest in developing the fleet of ships, seaports and shipbuilding industry; involvement in provision of public services in the maritime sector and perform other marine operations in accordance with Vietnamese laws and regulations.
Article 8. Inland sea transportation rights
1. Cargoes, passengers and baggage carried within inland areas by sea shall be transported by Vietnamese ships.
Organizations or individuals participating in inland sea transportation shall conform to the Government’s stipulated conditions.
2. Inland transportation which is not subject to regulations laid down in paragraph 1 of this Article shall be allowed under the following circumstances:
a) Carry overmass and oversized freight or other cargoes by dedicated ships; ease cargo, passenger and baggage congestion in ports when Vietnamese ships stipulated in paragraph 1 of this Article do not have capacity for transporting them;
b) Carry passengers and baggage from cruise ships to the mainland and in the opposite direction by using feeder ships of these cruise ships.
c) Serve the purpose of preventing and mitigating natural disasters and epidemics, or providing urgent humanitarian aids.
3. The Minister of Transport shall set regulations on licensing authority and procedure for ship operations as referred to in paragraph 2 of this Article.
Article 9. Elements of state port authority
1. Draw, approve, adopt and direct implementation of the scheme, plan, strategy and policy for marine development in accordance with laws.
2. Introduce and conduct implementation of documents on legislation, standards and national technical regulations as well as maritime economic—technical norms.
3. Manage investment, construction and conduct operation of seaports, navigational channels or routes in accordance with laws and regulations. Announce the opening and closure of seaports, port water areas and areas under the management of the Port authority; announce port terminals, wharves, water regions or areas as well as other maritime facilities are put into operation.
4. Manage sea transportation activities; examine and oversee operations of sea transport service enterprises, seaports and maritime service enterprises.
5. Conduct registration and inspection of ships and registration of rights to ships. Manage design, shipbuilding, ship repair, demolition, operation, export and import of ships and equipment or materials used for marine operations.
6. Issue, recognize and revoke professional certificates of seafarers, certificates of maritime technical safety and security, labor and environmental pollution prevention of ships, seaports and other relevant documents or materials relating to marine operations.
7. Administer the work of training and drilling for maritime workforce development.
8. Manage scientific and technological activities in the marine area; protect environment; environmental protection, natural disaster prevention and sheltering as well as response to climate change in marine operations.
9. Manage price, fee and charge in the maritime sector.
10. Conduct the work of marine rescue and life-saving activities; salvage of sunken property; investigation and handling of maritime accidents and emergencies, assurance of maritime safety and security and sea environment pollution prevention.
11. Establish maritime cooperations.
12. Inspect, examine and resolve complaints or accusations as well as handle violations in marine operation in accordance with laws and regulations.
Article 10. Responsibilities for state port authority
1. The Government shall carry out consistent state port authority.
2. The Ministry of Transport shall take responsibility to the Government for carrying out its state port authority.
3. Competent maritime regulatory authorities directly affiliated to the Ministry of Transport shall assist the Minister of Transport in carrying out state port authority in accordance with laws and regulations.
4. Ministries, Ministry-level bodies shall, within their assigned duties and delegated powers, cooperate with the Ministry of Transport in state port authority.
5. The People’s Committees at all levels shall, within their assigned duties and delegated powers, carry out state port authority duties at their localities under their management.
Article 11. Maritime inspectorate
1. The maritime inspectorate directly affiliated to a competent state regulatory agency must perform its function of specialized maritime inspection.
2. Maritime inspectorate shall be assigned and vested with respectively duties and powers as follows:
a) Inspect compliance with regulations enshrined in maritime laws and related international agreements to which the Socialist Republic of Vietnam is a signatory;
b) Prevent, detect, terminate and settle violation acts that may arise in marine operations;
c) Impound ships;
d) Implement other duties and powers in accordance with laws.
3. Inspectors of the maritime inspectorate shall be issued inspector's identity card, provided with uniforms, badges, support equipment and instruments in accordance with laws.
4. The maritime inspectorate shall operate under the provisions of this Code, laws on inspection and related international agreements to which the Socialist Republic of Vietnam is a signatory.
Article 12. Prohibited acts in marine operations
1. Harm or pose threatened harms to national sovereignty and security.
2. Carry people, goods, baggage, weapons, radioactive substances, hazardous discarded substances and narcotics in contravention of laws.
3. Intentionally create obstacles which can pose dangers or obstructions to marine traffic.
4. Use and operate ships which have not been registered or inspected or exceed the validity duration of registration and inspection; use counterfeit registration and inspection.
5. Refuse to participate in marine search and rescue activities if practical conditions permit.
6. Cause environmental pollution.
7. Infringe upon life, health, honor and dignity of persons aboard ships; embezzle and intentionally damage or ruin property aboard ships; take flight after causing any shipwreck.
8. Cause the public disorder, impede or react against implementation of duties of law enforcers onboard ships and at seaports.
9. Destroy, damage, disassemble or steal components, parts, raw materials, building materials and equipment of marine construction works.
10. Damage, destroy and intentionally move or reduce the efficacy of marine signaling systems.
11. Explode bombs or other explosive materials within the boundaries of a seaport, port water area or navigational channel without authorization granted by competent authorities.
12. Illegally build and operate seaports and other structures within the planned boundaries of approved seaports, navigational channels and within the protective enclosure of marine structures.
13. Develop construction projects which may reduce or eliminate effects of marine structures.
14. Commit abuse of title, position and authority to contravene regulations on port authority; abet and screen persons who commit violations against maritime laws from any punitive measures.
Tìm kiếm
Bộ luật hàng hải Việt Nam 2015 (Bản Word)
Bộ luật hàng hải Việt Nam 2015 (Bản Pdf)