Chương X Bộ luật hàng hải Việt Nam 2015: Đại lý tàu biển và môi giới hàng hải

Chapter X

SHIP AGENT AND SHIPBROKING

Section 1. SHIP AGENT

Article 235. Ship agent

Ship agent refers to a kind of service related to the ship operating at ports which the person acting on behalf of the ship owner as an agent or the operator of the ship performs, including undertaking procedures for the ship’s entering and leaving the port; signing the contract for carriage, marine insurance contract, goods loading or unloading contract, charter-party, contract for employment of seafarers; signing and issuing bills of lading or equivalent transport documents; furnishing the ship with materials, fuel, food supplies, potable water; filing a sea protest; keeping in contact with the ship owner or operator; performing seafarer-related services; collecting and spending sums relating to ship operating activities; resolving any dispute regarding the contract for carriage or marine accidents as well as rendering other ship-related service.

Article 236. Person acting as a ship agent

1. The person acting as a ship agent is the person appointed by the entrusting person to act as his representative to perform ship agent services entrusted by the entrusting person at ports.

2. The person acting as a ship agent may render ship agent services to the shipper, charterer or other persons entering into a contract with the ship owner or operator if obtaining consent from the ship owner or operator.

Article 237. Ship agent contract

A ship agent contract refers to a contract signed in writing between the entrusting party and the ship agent under which the entrusting party allows the ship agent to perform ship agent services for specific voyage or within a specified period of time.

Article 238. Obligations of the ship agent

1. The ship agent shall be responsible for performing necessary acts to take good care of legitimate rights and benefits of the entrusting party; bound to comply with requirements and instructions of the entrusting party; notify the entrusting party in a timely manner of events relating to entrusted duties; accurately calculate receipts and expenditure associated with entrusted duties.

2. The ship agent shall be responsible to pay the entrusting party compensation for any loss or damage resulted from his fault.

Article 239. Liabilities of the entrusting party

1. The entrusting party shall be responsible for instructing the ship agent to perform entrusted services whenever necessary and must pay an estimated sum of advance for entrusted services upon the request of the ship agent.

2. Where the ship agent performs acts beyond the scope of fiduciary duties, the entrusting party shall remain responsible for these activities to the extent that the entrusting party with his knowledge of this issue has not notified persons involved of his refusal to recognize these acts of the ship agent.

Article 240. Charge rate imposed on ship agent services

The charge rate imposed on ship agent services shall be negotiated by contracting parties except to the extent stipulated by laws.

Article 241. Statute of limitation for submission of a claim regarding execution of ship agent contract

The statute of limitation for submission of a claim regarding execution of ship agent contract lasts for 02 years from the date on which any dispute arises.

Article 242. Conditions for trade in ship agent services

1. In order to engage in trade in ship agent services in Vietnam, enterprises must be established in accordance with laws; with regard to a foreign-invested enterprise, a capital contribution portion must be assured in accordance with laws.

2. These enterprises must assign full-time personnel to operate ship agent services and full-time personnel to undertake legislative activities.

3. Staff members of a ship agent must have Vietnamese nationality and hold certificates in ship agent profession.

4. The Government shall provide detailed provisions on this Article.

Article 243. Ship agent in respect of public duty ship, fishing ship, submarine, submersible, floating warehouse, movable platform and hydroplane and foreign military vessel entering into the territory of Vietnam

Provisions relating to ship agent referred to in this Section shall be applied to public duty ship, fishing ship, submarine, submersible, floating warehouse, movable platform and hydroplane and foreign military vessel entering into the territory of Vietnam.

Section 2. SHIPBROKING

Article 244. Shipbroking and ship broker

1. Shipbroking refers to a kind of service providing an intermediary between parties involved in transaction, negotiation and conclusion of the contract for carriage, marine insurance contract, charter-party, contract for purchase and sale of a ship, contract for towing a ship, contract for hiring of seafarers and other contract pertaining to marine operations under a shipbroking contract.

2. A ship broker refers to a person rendering shipbroking services.

Article 245. Rights and obligations of a ship broker

1. Have the right to provide services to contracting parties on condition that he is required to notify all contracting parties of this and is obliged to exercise due care of legitimate rights and benefits of parties involved.

2. Have the right to be paid agreed-upon commission for his rendering of broking services. The broker and the broker’s customer shall enter into a negotiation on brokerage; unless priorly agreed upon, local rules shall prevail in determination of brokerage.

3. Assume obligations to perform a broker’s duties in an honest manner.

4. Bear responsibility for the legal status of parties provided with ship broking services during the ship broking duration.

5. Liabilities of a ship broker shall be discharged to the extent that contract between parties provided with ship broking services is concluded, unless otherwise agreed upon.

Article 246. Statute of limitation for submission of a claim regarding execution of a ship broking contract

The statute of limitation for submission of a claim regarding execution of a ship broking contract lasts for 02 years from the date on which any dispute arises.