Chương XV Bộ luật hàng hải Việt Nam 2015: Tai nạn đâm va

Chapter XV

SHIP COLLISION

Article 285. Ship collision

Ship collision refers to an accident that occurs when two ships, a ship and inland watercraft, a ship and hydroplane or other units collide with each other at sea or within a port water area.

Article 286. Liabilities of the ship master associated with a collision

1. In the case of a collision, the master of the ship involved in such collision shall be obliged to arrange rescue of people, ship and property of the other ship to the extent that such rescue activities do not pose any serious danger to people, ship and property on board his ship.

2. Promptly after a collision takes place, masters of the ship involved in that collision shall be obliged to exchange information about ship name, call sign, place of registration and last port of departure and intended port of arrival.

3. The ship owner shall be exempted from liability for the ship master’s failure to fulfill obligations referred to in paragraph 1 and 2 of this Article.

Article 287. Rules for determination of fault and compensation for any loss arising out of a collision

1. The ship at fault in a collision refers to the ship that causes a collision due to an act or omission in equipment, navigation and management of the ship; in compliance with regulations for preventing collisions at sea and maritime safety regulations; to the neglect of necessary professional practices.

2. The ship at fault in a collision must compensate for any loss regarding the ship, people and property involved in such collision. Where the fault in a collision is on the part of two or more ships, burdens of compensation shall be distributed to the extent of each party's fault; if the extent of fault is even or the extent of fault on the part of each party is not determined, burdens of compensation shall be evenly distributed to all of parties.

3. Where fault has yet to be determined in a definite manner, ships involved shall not be deemed at fault for such collision.

4. In the case of compensation for any loss of human lives, injury or other health-related damage, ships at fault shall be jointly liable. The ship that has provided compensation beyond her liability shall be allowed to request other ships involved in such collision to reimburse her for that excessive amount of reimbursement.

5. A military vessel shall be relieved from liability for compensation if it is proved that a collision is caused by its fault when on duty within the announced zone where military practice takes place and maritime operations are prohibited. Notwithstanding this provision, the ship master shall remain to fulfill obligations referred to in paragraph 1 and 2 Article 286 hereof whenever acceptable conditions are present.

6. In the light of provisions laid down in paragraph 1, 2, 3, 4 and 5 of this Article, parties involved in a collision shall be accorded the right to enter into an agreement on their own to determine the extent of fault and liability for compensation for any loss or damage arising from such collision; in the event that an agreement is not reached, a claim may be submitted to the competent Arbitration or Court.

Article 288. Ship collision caused by acts of God, fortuitous events and unidentifiable fault

Where a collision is caused by acts of god, fortuitous events or when it is impossible to define which ship is at fault for such collision, each ship shall be liable for its own loss, irrespective of the circumstance under which a collision takes place while the ship is being anchored, fastened or is coming to touch the side of another ship.

Article 289. Indirect ship collision

Provisions of this Chapter shall be applied to the circumstance under which a ship commits the fault for any loss or damage imposed on another ship, people and property on board arising from an indirect collision.

Article 290. Statute of limitation for submission of a claim regarding ship collision

1. The statute of limitation for submission of a claim regarding ship collision lasts for 02 years from the date on which such collision takes place.

2. The statute of limitation for submission of a claim on reimbursement for an excessive sum referred to in paragraph 4 Article 287 hereof lasts for 01 year from the date of payment of compensation.

Article 291. Collision in respect of military vessel, public duty ship, fishing ship, inland watercraft, submarine, submersible, hydroplane, floating dock, floating warehouse and movable platform

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