Chương XII Bộ luật hàng hải Việt Nam 2015: Lai dắt tàu biển

Chapter XII

SHIP TOWAGE

Article 256. Ship towage

1. Ship towage refers to tugging, towing, hauling, pushing or sailing alongside the ship and other floating equipment on the sea and within a port water area by a towboat.

2. Ship towage includes sea and assistance towage within a port water area.

Article 257. Requirements for trade in ship towage services

1. In order to engage in trade in ship towage 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 towage services and full-time personnel to undertake legislative affairs.

3. They must have the number of towboats in conformity with regulations. Towboats must be Vietnamese ships.

4. The Government shall provide detailed provisions on this Article and towage carried out in Vietnam is not covered by provisions laid down in paragraph 1 of this Article.

Article 258. Ship towage contract

1. Ship towage contract refers to the contract signed in writing between the owner and lessee of towboat except to the extent that the assistance towage takes place within a port water area.

2. The charge for ship towage services shall be negotiated by contracting parties except to the extent stipulated by laws.

Article 259. Right to command the ship towage

1. Towboats and ships or other towed units constitute a towing fleet. The towing fleet is created from the time when a towboat and other members of the towing fleet are ready to perform necessary duties under orders from the commander of such towing fleet, and is dissolved when the last duty has been fulfilled or when members of the towing fleet has kept a safe distance between them.

2. Parties entering into a ship towage contract shall negotiate for appointment of the commander of a towing fleet. If there is no agreement on this, local conventions shall prevail.

3. The right to command an assistance towage taking place within a port water area shall be granted to the master of the towed ship. In the absence of the master or chief officer, such right shall be granted to the person designated by the Director of a port authority.

Article 260. Obligations of parties to a ship towage contract

1. The owner of a towboat shall be bound to present his towboat at the right place and time and ensure technical conditions agreed upon in the ship towage contract.

2. The towage lessee shall be obliged to allow for sufficient conditions for assurance of safety for his ship as agreed upon in the ship towage contract.

Article 261. Liability to compensate for any loss relating to the ship towage

1. The owner of the ship of which the master is accorded the right to command a towing fleet shall bear liability for any loss or damage imposed on the ship, people and property onboard the ship of other members of the towing fleet unless it is proved that such loss or damage arises outside of their scope of liability.

2. Ships put under the command of the ship master of other ship shall not be relieved or reduced from liabilities to take into consideration the general safety for the towing fleet; the ship owner shall be held liable for any loss or damage imposed on the ship, people and property on board ships of other members to the extent that the fault resulting in such loss or damage is on the part of his ship.

3. In the course of execution of a ship towage contract, if any loss or damage is imposed on a third party, contracting parties shall be liable for any compensation to the extent of each party’s fault.

Article 262. Statute of limitation for submission of a claim for execution of a ship towage contract

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

Article 263. Towage of military vessel, public duty ship, fishing ship, inland watercraft, submarine, submersible, floating warehouse, movable platform, floating dock and hydroplane

Provisions of this Chapter shall be applied to military vessel, public duty ship, fishing ship, inland watercraft, submarine, submersible, floating warehouse, movable platform, floating dock and hydroplane.