Chương II Bộ luật hàng hải Việt Nam 2015: Tàu biển

Chapter II

SEA-GOING SHIP (hereinafter referred to as ship)

Section 1. GENERAL PROVISIONS

Article 13. Sea-going ship

Ship refers to floating movable means specially designed for operations at sea.

Ship referred to in this Code shall not include military ships, official duty ships, fishing ships, inland watercraft, submarines, submersibles, hydroplanes, floating warehouses, movable platforms and floating docks.

Article 14. Vietnamese ship

1. Vietnamese ships are ships which have been registered into the national register of ships of Vietnam, or which have been licensed for temporary flying of Vietnamese national ensign aboard by Vietnam’s overseas representative offices.

2. Vietnamese ships shall have the right and obligation to fly Vietnamese national ensign.

3. Only Vietnamese ships are entitled to fly Vietnamese national ensign.

Article 15. Ship owner

1. Ship owner refers to the person who owns a ship.

2. Bareboat manager, operator or charterer shall be allowed to exercise rights and fulfill obligations as a ship owner prescribed by this Code as agreed upon with a ship owner.

3. An organization authorized by the State to manage and operate ships shall be entitled to apply regulations laid down in this Code and others set forth in relevant laws, which is the same as a ship owner.

Article 16. Flying of ensign aboard vessels

1. A Vietnamese ship must fly the national flag of the Socialist Republic of Vietnam as an ensign aboard it.

Other watercraft operating within the boundary of Vietnam’s seaports must fly the national flag of the Socialist Republic of Vietnam as an ensign aboard it.

2. A watercraft with the national ensign of an overseas country operating within the boundary of a Vietnam’s seaport must comply with applicable regulations of Vietnam when it desires to fly its national flag or blow its horn on its national celebrations.

3. The Government shall provide detailed provisions on this issue.

Section 2. SHIP REGISTRATION

Article 17. Registration of Vietnamese ship and registration form

1. Ship registration is the work of recording and storing information about ships in the national register of ships of Vietnam and issue of the Certificate of registration of Vietnamese ship under the provisions of this Code and other relevant laws and regulations.

2. Forms of registration of Vietnamese ship shall be included as follows:

a) Indefinite registration of ship;

b) Definite registration of ship;

c) Registration of information change;

d) Temporary registration of ship;

dd) Registration of ship under construction;

e) Registration of small-sized ship.

Article 18. Rules of ship registration

1. Registration of Vietnamese ship must be carried out according to the following rules:

a) A ship of a Vietnamese organization or individual is registered in the national register of ships of Vietnam, including registration of flying of the Vietnamese national ensign and registration of ownership of such ship. In the event that a ship is owned by more than two organizations or individuals, owners and ownership ratios of such ship should be specified in such registration.

A ship of a foreign organization or individual conforming to conditions defined in Article 20 of this Code is registered in the national register of ships of Vietnam. Registration of a Vietnamese ship owned by a foreign organization or individual includes registration of flying of the Vietnamese national ensign and registration of ownership of such vessel or registration of flying of only Vietnamese national ensign.

A foreign ship hired by a Vietnamese organization or individual under the bareboat charter and ship hire-purchase agreement can be allowed to register flying of Vietnamese national ensign;

b) A ship which has been already registered in overseas countries shall not be allowed to register flying of Vietnamese national ensign, except when the preexisting registration has been temporarily ceased or permanently erased;

c) The registry of Vietnamese ships shall publicly disclose and collect fee for registration of a Vietnamese ship; an organization or individual applying for such registration shall be entitled to request registration excerpts or copies from the national register of ships of Vietnam, and shall be liable for such fee.

2. A ship owned by a Vietnamese organization or individual may be allowed to register flying of the foreign ensign.

Article 19. Types of ships subject to registration

1. Types of ships subject to registration recorded in the national register of ships of Vietnam include:

a) Engine-powered ship that has the capacity of main engine of more than 75 kilowatt (KW);

b) Ship without engine which has the total capacity of more than 50 GT, or gross tonnage of more than 100 tonnes, or has the design waterline length of more than 20 meters (m);

c) Ships which have smaller sizes than those stipulated in subparagraph a and b of this paragraph, but operate on international navigation routes.

2. Registration of types of ships which are not governed under paragraph 1 shall be stipulated by the Government.

Article 20. Eligibility requirements for registration of Vietnamese ships

1. Ships must meet the following requirements to be eligible for registration:

a) Legitimate written proof of ownership of a sea vessel;

b) Certification of capacity and certification of ship classification;

c) Ship’s name;

d) Certification of temporary suspension or removal of registration, which is applicable to ships that have been registered abroad except for temporary registration;

dd) Ship owner's business office, branch or representative office located within the territory of Vietnam;

e) With respect to the initial registration or reregistration of a foreign second-hand ship in Vietnam, its age must be corresponding to the Government’s stipulated age of specific ships;

g) All statutory fees or charges have been paid.

2. With respect to registration of flying of Vietnamese national ensign for a foreign ship hired by a Vietnamese organization or individual under the bareboat charter or hire-purchase agreement, in addition to conditions stipulated in subparagraph a, b, c, d, e and g paragraph 1 of this Article, this bareboat charter or hire-purchase agreement must be submitted.

Article 21. Naming of Vietnamese ship

Vietnamese ship must be named and this naming process must adhere to the following rules:

1. Name of a ship must be given by its owner and is not allowed to be the same as other vessels' names which appear in the national register of ships of Vietnam;

2. Do not use name of the state agency, armed force unit, political organization or socio-political organization to create the whole or partial name of ship, unless approved by this agency, unit or organization;

3. Do not use words or signs in breach of historical, cultural, moral and traditional values.

Article 22. Ship owner’s responsibilities for registration of Vietnamese ship

1. The ship owner shall be responsible for submitting a full amount of documents, adequate and accurate information about the ship which has been registered under Article 20 and 24 hereof to apply for registration to the registry of Vietnamese ships.

2. If the ship is newly constructed, purchased, gifted or donated to, or inherited by a Vietnamese organization or individual, its owner shall take responsibility for registering the ship in accordance with applicable regulations.

3. The ship owner shall be liable for the registration fee in accordance with laws.

4. After completion of such registration, the certificate of Vietnamese ship registration shall be issued. This kind of certificate is considered as the proof of this ship's flying of Vietnamese national ensign and its ownership status.

5. The ship owner shall be responsible for notifying the registry of Vietnamese ship of all changes made to registration information recorded in the national register of ships of Vietnam in an accurate, sufficient and timely manner.

6. Regulations laid down in this Article shall apply to any Vietnamese organization or individuals entering into a bareboat charter or hire-purchase agreement.

Article 23. Registration of ship under construction

1. The owner of a ship under construction shall be vested with the right to apply for registration of this under-construction ship in the national register of ships of Vietnam and shall be issued the certificate of under-construction ships. This certificate shall not have legal value to replace the certificate of Vietnamese ships.

2. A ship under construction must meet the following requirements to be eligible for registration:

a) Contract for construction, sale or purchase of under-construction ship must be available;

b) The ship under construction must have its name;

c) The keel of the ship under construction must be completely constructed.

Article 24. Basic contents of the national register of ships of Vietnam

1. The national register of ships of Vietnam must have the following basic contents:

a) Old and new name of a ship; office name and address of the ship owner; name and address of the branch or representative office of the foreign ship owner located in Vietnam; name and address of the office of the bareboat charterer or ship hire-purchaser; name of the ship operator (if any); type of ship and its useful purpose;

b) Port of registration;

c) Registration number;

d) Registration date;

dd) Name and address of shipbuilding factory and shipbuilding year;

e) Main technical specifications of ship;

g) Ownership status and ownership-related changes;

h) Registration removal date and reasons;

i) Information about registration of a ship mortgage.

2. All changes to the registration contents referred to in paragraph 1 of this Article must be clearly entered into the national register of ships of Vietnam.

Article 25. Removal of registration of Vietnamese ships

1. A Vietnamese ship shall be subject to removal of registration from the national register of sea vessels of Vietnam under the following circumstances:

a) It is demolished, disassembled, wrecked or sunken without possibility of salvage;

b) It has gone missing;

c) It fails to meet conditions for flying of Vietnamese national ensign;

d) It has no longer had sea-going capability;

dd) This removal is requested by the ship owner or the person bearing the name in the application for registration of ship.

2. For the purposes of regulations laid down in subparagraph d and dd paragraph 1 of this Article, the mortgaged ship shall be allowed to remove its registration from the register of ships of Vietnam only if this removal is approved by the mortgagee.

3. When removing the registration of ship or removing the registration of ship under construction, the registry of Vietnamese ships shall revoke the certificate of registration of Vietnamese ship or the certificate of registration of ship under construction as well as issue the certificate of removal of registration.

Article 26. Specific provisions on registration and removal of registration of Vietnamese ship

The Government shall provide detailed provisions on procedures for registration or removal of registration of Vietnamese ship; cases in which a ship owned by a Vietnamese organization or individual is allowed for registration of its flying of the foreign ensign; cases in which a ship owned by an overseas organization or individual is allowed for registration of its flying of Vietnamese national ensign.

Article 27. Registration of official duty ship, submarine, submersible, floating warehouse and movable platform

Official duty ship, submarine, submersible, floating warehouse and movable platform shall be registered in accordance with regulations laid down in this Section.

The Government shall provide detailed provisions on such regulation in this Article.

Section 3. INSPECTION OF VIETNAMESE SHIPS

Article 28. Inspection of Vietnamese ships

1. Vietnamese ships must be inspected, graded and issued the certificate of technical maritime safety, security and conformity with conditions for assurance of maritime labor and environmental pollution prevention by Vietnam’s inspecting organization or overseas inspecting organization authorized by the Minister of Transport in accordance with Vietnamese laws and international agreements to which the Socialist Republic of Vietnam is a party.

2. The Minister of Transport shall adopt statutory regulations on regulatory maritime safety and security and conditions for assurance of maritime labor and environmental pollution prevention applied to ships; introduce regulations on and conduct implementation of inspection of Vietnamese ships.

Article 29. Rules of inspection of Vietnamese ships

1. Vietnamese ships must be inspected, graded, evaluated and issued the certificate of technical maritime safety and security and conformity with conditions for assurance of maritime labor and environmental pollution prevention when being newly constructed, imported, converted, repaired or restored to normal working conditions and during the operational process, which serves the purpose of ensuring technical conditions in compliance with laws and regulations and international agreements to which the Socialist Republic of Vietnam is a party.

2. Inspection and evaluation of Vietnamese ships shall be conducted at the location where such vessels are constructed, converted, repaired or restored to normal working conditions, anchored or currently operated.

3. Vietnamese ships which do not operate on international routes shall be inspected, graded and accredited by certification in accordance with laws, technical regulations and standards of Vietnam.

4. Vietnamese ships which operate on international routes shall be inspected, graded and accredited by certification in accordance with laws and international agreements to which the Socialist Republic of Vietnam is a party.

Article 30. Types of ships subject to inspections

1. Types of ships referred to in paragraph 1 Article 19 hereof shall be subject to inspections.

2. Inspection of ships which are not prescribed in paragraph 1 of this Article shall be subject to regulations adopted by the Minister of Transport.

Article 31. Responsibilities regarding ship inspections

1. The ship owner shall be responsible for implementing regulations on ship inspection when these vessels are constructed, imported, converted, repaired or restored to normal working conditions and currently operated; ensure they conform to requirements of technical maritime safety, security and conditions for maritime labor and environmental pollution prevention during the interval period between two inspections or evaluations under the provisions of laws and related international agreements to which the Socialist Republic of Vietnam is a party.

2. Inspecting organization when on duty must comply with regulations of Vietnamese laws and the international agreements to which the Socialist Republic of Vietnam is a party. The head of an inspecting organization and persons who directly take charge of inspections and evaluations must assume responsibilities for inspection and evaluation results.

Article 32. Technical supervision of Vietnamese ships

Ships which are newly constructed, converted, repaired or restored to normal working conditions must be subject to the technical supervision of technical quality and safety to ensure their conformity to requirements set out in approved design documents, and relevant certification, of an inspecting organization.

Construction, reconstruction, repair or restoration of ships must be carried out at accredited facilities in accordance with laws.

Article 33. Inspection of official duty ship, submarine, submersible, floating warehouse and movable platform

1. Official duty ship, submarine and submersible shall be subject to inspection under the provisions of this Section.

2. The Minister of Transport shall adopt regulations on inspection and grant of the certificate of technical maritime safety, security and conformity with conditions for assurance of maritime labor and environmental pollution prevention in accordance with Vietnamese laws and international agreements to which the Socialist Republic of Vietnam is a party with respect to floating docks, storage warehouses and movable platforms.

Section 4. CERTIFICATION AND DECUMENTATION OF SHIPS

Article 34. Certification and documentation of ships

1. Ships must be accredited by the certificate of sea-going registration, certificates in technical maritime safety and security and conformity with conditions for assurance of maritime labor and environmental pollution prevention in compliance with Vietnamese laws and regulations and international agreements to which the Socialist Republic of Vietnam is a party. Original copies of such certificates must be carried along aboard ships underway at sea. Where these certificates are issued in an electronic form, laws and regulations on electronic transactions shall be applied.

The Minister of Transport shall provide detailed regulations on certification and documentation of Vietnamese sea vessels.

2. The validity period of each certificate in technical maritime safety and security and conformity with conditions for assurance of maritime labor and environmental pollution prevention must be specified. This validity period may be extended to a maximum of 90 days in the event that these ships are not, in fact, able to turn up at the designated location of inspection but their actual technical conditions remain conformable to standards of maritime safety and security and conditions for assurance of maritime labor and environmental pollution prevention. This extended period shall end immediately once these ships arrive at the designated port for inspection.

3. Certificates in technical maritime safety and security and conformity with conditions for assurance of maritime labor and environmental pollution prevention shall be annulled if any critical change that causes serious impacts on the capability of ships of assuring maritime safety, security and conformity to conditions for assurance of maritime labor and environmental pollution prevention may be made to these vessels.

4. In the event that it is established that a ship has failed to ensure maritime safety and security and conformity to conditions for assurance of maritime labor and environmental pollution prevention, maritime inspectorate and port authority shall be vested with authority to temporarily suspend operations of ships, autonomously carry out or request Vietnam’s inspecting organization to carry out technical inspections of ships.

Article 35. Certificate of capacity of ship

1. In order to operate within port water area and Vietnamese waters, a Vietnamese and foreign ship must have the certificate of capacity granted by an accredited Vietnamese inspecting organization or foreign ship capacity measuring organization. The certificate of capacity of ship must be consistent with Vietnamese laws and regulations and international agreements to which the Socialist Republic of Vietnam is a party.

2. Where there is any suspicion as to the authenticity of the certificate of capacity of ship as defined in paragraph 1 of this Article, competent authorities of Vietnam shall autonomously decide or, upon the request of other relevant organizations or individuals, decide re-examination of capacity of that ship. Once the result of such re-examination is not consistent with the certificate of capacity of ship, the ship owner must pay costs incurred by such re-examination. Once the result of such re-examination is consistent with the certificate of capacity of ship, the competent authority vested with authority to autonomously decide such examination, or relevant organizations or individuals requesting such examination, must pay costs incurred by such re-examination.

Section 5. SHIP OWNERSHIP TRANSFER AND SHIP MORTGAGE

Article 36. Transfer of ownership of ship

1. Transfer of ownership of ship must be expressed in writing under the provisions of Vietnamese laws or laws of the country where transfer of such ownership takes place.

2. Transfer of ownership of a Vietnamese ship shall become effective if such transfer is recorded in the national register of ships of Vietnam.

3. Upon completion of ship ownership transfer, a ship and property aboard such vessel shall be assigned to the ownership transferee, unless otherwise agreed by contracting parties.

The aforesaid property includes physical objects and equipment aboard such vessel but exclude constituent parts of such vessel.

4. Regulations on ship ownership transfer shall be applied to transfer of ownership of share of a ship.

5. The Government shall adopt regulations on conditions and procedures for transfer of ownership of a ship in the form of ship sale and purchase.

Article 37. Vietnamese ship mortgage

1. Ship mortgage refers to a ship owner’s putting up his own ship as security for fulfillment of civil obligations to the mortgagee without having to transfer such ship to that mortgagee.

2. The ship owner shall have the right to provide the mortgagee with a Vietnamese ship under his ownership in accordance with regulations enshrined in this Code and other relevant laws or regulations.

3. Agreement on Vietnamese ship mortgage must be in writing. The ship mortgage must be consistent with Vietnamese laws and regulations.

4. Regulations on ship mortgage shall also be applied to mortgaging of a ship under construction.

Article 38. Rules of ship mortgage

1. Transfer of ownership of a mortgaged ship shall not be allowed, unless otherwise approved by the mortgagee.

2. The shipowner must buy insurance for mortgaged ship, unless otherwise agreed upon in the mortgage agreement.

3. If the mortgagee has transferred the whole or a part of ownership of the debt secured by a ship secured by a mortgaged ship to other person, such ship mortgage shall also be transferred in an equivalent manner.

4. One ship may be mortgaged to secure a lot of obligations if value of the mortgaged ship is greater than total value of such obligations, unless otherwise agreed.

Priority order of ship mortgages shall be determined, based on the order of registration of an equivalent ship mortgage recorded in the national register of ships of Vietnam.

5. The mortgaging of a ship owned by two or more owners must be unanimously agreed by these owners, unless otherwise agreed.

6. The ship mortgage shall be terminated under the following circumstances:

a) Obligations secured by such mortgage come to an end;

b) Such ship mortgage is cancelled or replaced by other security alternatives;

c) The mortgaged ship has been treated under laws and regulations;

d) The mortgaged ship is subject to total loss;

dd) As agreed upon by contracting parties.

7. The mortgagee shall only keep a copy of the certificate of registration of the mortgaged ship.

Article 39. Registration of Vietnamese ship mortgage

1. Registration of Vietnamese ship mortgage shall include the following basic contents:

a) Name, place of office of the mortgagee and the shipowner;

b) Name and nationality of the mortgaged ship;

c) Mortgage sum, interest rate and debt repayment due date.

2. Mortgaging of a Vietnamese ship shall become effective if such mortgaging is recorded in the national register of ships of Vietnam.

3. Information about registration of the mortgaged Vietnamese ship shall be provided for persons who request such information.

4. Persons who register the ship mortgage and those who use information about the ship mortgage shall be liable for statutory fees.

5. The Government shall provide specific provisions on registration of mortgaging of Vietnamese ship.

Section 6. MARITIME LIEN

Article 40. Maritime lien

1. Maritime lien refers to the right of the maritime claimant under Article 41 hereof which gives this claimant a privilege to submit a claim for compensation against the owner, charterer and operator of a ship in the event that there is any maritime claim in connection with that sea–going vessel.

Maritime claim refers to a party requesting another party to secure any obligation that may arise out of marine operations.

2. Any maritime claim that leads to the maritime lien defined in Article 41 hereof shall hold higher position in the priority order than other maritime claims secured by the ship mortgage and other secured transactions.

3. The maritime lien shall be exercised by the competent court’s decision to impound a ship in connection with any maritime claim that leads to the maritime lien.

4. The maritime claimant shall be vested with the right to keep custody of a ship to meet any maritime claim referred to in Article 41 hereof even though such sea-going has been mortgaged or the ship owner has performed other secured transactions to ensure other agreed-upon obligations are secured.

5. The maritime lien over a ship shall not be influenced by any change to the owner, charterer and operator of that ship, given that the buyer of that ship has been informed or has not been informed of the fact that that ship is involved in any maritime claim leading to the maritime lien.

Article 41. Maritime claim leading to maritime lien

1. Maritime claims on salary, repatriation cost, social insurance contribution cost and other monetary amount paid to the master, officer and other seafarers that belong to crew members aboard a ship.

2. Maritime claims on compensation for life, disability or other injury to human health in association with operations of a ship.

3. Maritime claims on deadweight tonnage charge, marine safety charge and other seaport fees or charges.

4. Maritime claims on ship rescue remuneration.

5. Maritime claims on non-contractual property loss and damage directly relating to operations of a ship.

Article 42. Priority order of handling of maritime claims leading to the maritime lien

1. Maritime claims leading to the maritime lien shall be handled in the priority order stated in Article 41 hereof; in the event that any claim on remuneration paid for rescue of a ship comes after other maritime claims leading to the maritime lien, it shall take higher position than these maritime claims.

2. Maritime claims leading to the maritime lien provided for by the same paragraph in Article 41 hereof shall take equal positions in the priority order; in the even that distributed remuneration amount is not affordable to pay for value of each maritime claim, the ratio of value of a maritime claim to value of all claims shall be considered as the basis for such payment.

3. Maritime claims that may arise out of the same event shall be considered as those which arise at the same time.

4. Maritime claims leading to the maritime lien against a ship in relation to its final voyage shall be given priority to be settled prior to maritime claims leading to the maritime lien in relation to other voyages.

5. Maritime claims that may arise out of the same employment contract in relation to multiple voyages shall be settled along with those in relation to the final voyage.

6. With respect to maritime claims on rescue remuneration amount as defined in paragraph 4 Article 41 hereof, the maritime claim that may arise after others shall be settled prior to other maritime claims.

Article 43. Statute of limitations for the maritime lien

1. The statute of limitations for the maritime lien shall be 01 year after the date of creating the maritime lien.

2. The date of generating the maritime lien as defined in paragraph 1 of this Article shall be determined as follows:

a) From the date of completion of a rescue operation with respect to claims on rescue remuneration amount;

b) From the date of incurring any loss with respect to claims on any loss and damage incurred by marine operations;

c) From the date of fulfilling payment obligations with respect to other maritime claims.

3. The maritime lien shall be terminated from the date on which the ship owner, charterer or operator repays debts incurred from relevant maritime claims; if the payment amount is in the custody of the ship master or persons authorized to act on behalf of the ship owner, ship charterer or operator to serve the purpose of repaying debts relating to such maritime claims, the maritime lien shall remain in effect.

4. If the Tribunal is not capable of impounding a ship within the inland or territorial waters of Vietnam to protect interests of maritime claimants who permanently reside or whose main offices are located within the territory of Vietnam, the statute of limitations stipulated in Article 1 of this Article shall expire after 30 days from the date of its first arrival at a Vietnamese seaport, but not exceed 02 years from the date of generating that maritime lien.

Section 7. CONSTRUCTION AND REPAIR OF SHIP

Article 44. Ship building and repair industry development plan

1. The ship building and repair industry development plan must be based on the strategy for socio-economic development; national defence and security tasks; the scheme for developing auxiliary industries and world maritime development trends.

2. The Prime Minister shall approve the master plan for development of ship building and repair industry.

3. The Minister of Transport shall assume the following responsibilities:

a) Formulate and report to the Prime Minister to approve and decide adjustment of the master plan for development of ship building and repair industry; priority policies for domestic ships and ship repair services;

b) Draw and approve the detailed plan for ship building and repair establishments;

c) Prepare the program and plan for high-quality human resource development; contents of vocational training and education programs that assist the ship building and repair industry;

d) Adopt the national technical regulation for ship building and repair activities.

4. Investment in construction of ship building and repair establishments must be consistent with the scheme for developing ship building and repair industry and regulations of laws on investment, construction as well as relevant laws.

5. The People’s Committee at the provincial level shall be responsible for reserving proper local unoccupied land lots to support ship building and repair industry according to the predetermined scheme.

Article 45. Ship building and repair establishments

1. Ship building and repair establishment refers to an enterprise which is established and operates under legal regulations and must meet the following conditions:

a) Have appropriate facilities and equipment; have the production and business plan to meet the demands for construction and repair of different nature and size of ships;

b) Establish a supervision and quality control department in order to ensure that products must meet all quality, technical safety and environmental protection standards and requirements in accordance with laws and regulations;

c) Have an adequate number of personnel to meet production and business requirements;

d) Have the plan to fire and explosion prevention, employment safety and sanitation, and the plan for environmental pollution prevention which have been approved in accordance with laws.

2. The Minister of Transport shall adopt the national technical regulation applied to ship building and repair establishments.

3. The People’s Committee at the provincial level shall, within their permitted functions, duties and powers, take responsibility to perform the state administration of operations of ship building and repair establishments located within its locality in accordance with prevailing regulations.

4. The Ministry of Public Security, and the Ministry of Natural Resources and Environment, shall be responsible for cooperating with the Ministry of Transport in provision of detailed guidance on the plan for fire and explosion and environmental pollution prevention with respect to ship building and repair establishments.

5. The Government shall provide detailed regulations of paragraph 1 of this Article.

Section 8. SHIP DEMOLITION

Article 46. Plan for development of ship demolition establishments

1. The plan for development of ship demolition establishments must be based on natural and socio-economic conditions; must take into account existing facilities and environmental protection.

2. The Prime Minister shall approve the plan for development of ship demolition establishments.

3. The Minister of Transport shall assume the following responsibilities:

a) Take charge of cooperating with the Ministry of Natural Resources and Environment and relevant local authorities to draw up and request the Prime Minister to approve and decide to revise the plan for development of ship demolition establishments;

d) Adopt the national technical regulation for ship demolition establishments.

4. Investment in construction of a ship demolition establishment must be consistent with the specified plan and must conform to requirements of fire and explosion safety and environmental prevention.

Article 47. Rules of ship demolition

1. The ship demolition must take into account assurance of national defence, security, maritime safety and security, labor safety, fire and explosion prevention, and human health and environmental protection.

2. The ship demolition must only be conducted at the licensed ship demolition establishment in accordance with effective regulations.

3. The ship to be demolished is not mortgaged or subject to any maritime claims.

Article 48. Ship demolition establishment

Ship demolition establishment refers to an enterprise which is established under legal regulations and must meet the following conditions:

1. Be constructed and operate according to the approved plan;

2. Have technical facilities and equipment which facilitate the ship demolition;

3. Complete environmental impact assessment tasks in ship demolition activities under the provisions of laws on environmental protection.

Article 49. Detailed provisions on ship demolition

The Government shall introduce detailed provisions on ship demolition.

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