Chapter XI
MARITIME SALVAGE
Article 164
1. A maritime salvage is an action for saving a vessel or properties on board thereof from danger as well as for rendering assistance to a vessel in peril, which is undertaken in accordance with a salvage agreement.
2. The salvage agreement is signed in the form as mutually agreed and between the contracting parties.
Article 165
1. Any maritime salvage action which have brought about useful result is entitled to the reasonable remuneration.
2. A remuneration is also due for the following services: a salvor who has taken direct or indirect salvage operations to assist the owner of the salvaged property in saving freight and money due for the carriage of passengers; the salvage has taken place as between vessels belonging to the same shipowner; salvage rendered on the sea or in inland waters to a vessel of inland navigation or to a seaplane.
3. No right to any remuneration falls to a salvor who has undertaken salvage operations contrary to an express and reasonable decision of the master of the salved vessel.
Article 166
1. Persons whose lives have been saved are not bound to pay any money for their rescue.
2. A salvor of human life is entitled to a fair share in the remuneration due for the salvage of property, is his salvage operations have been connected with the accident giving rise to the salvage of such property.
Article 167
Whoever has by a contract undertaken to render pilot or towage services on the sea is entitled to a remuneration for salvage, provided that he has rendered to her exceptional services beyond the scope of the contract for salvage of this very vessel.
Article 168
The parties to a salvage agreement have the right to demand the setting aside or modification of the inequitable conditions in the agreement if they were agreed upon under the influence of danger or where the consent of the parties has been vitiated by fraud or concealment and where the remuneration agreed upon is disproportionately small or large.
Article 169
1. The salvage remuneration comprises the remuneration, salvage expenses and expenses incurred in respect of transportation and care for the vessel or the property salved.
2. The amount of remuneration is agreed upon in the salvage agreement but it must be equitable and may not exceed the value of the vessel or the property salved.
3. In the absence of an agreement or being not equitable, and when there are many salvors, the amount of remuneration is determined according to the circumstances, having, in particular, regard to:
a) The result of the salvage obtained;
b) The efforts and merits of salvors;
c) The degree of danger to which the salved property, the salved vessel or the persons on board thereof have been exposed;
d) The degree of danger to which the salvors as also the vessel and equipment employed by them have been exposed;
e) The time used by the salvors, expenses incurred and the loss suffered by them;
g) The risk of liability and other risks as run by the salvors;
h) The value of equipment employed for the salvage operation;
i) The special appropriation of the salving vessel for salvage operations;
k) The value of the property salved.
4. The amount of the remuneration may be reduced or disallowed where the salvor has by his fault caused the necessity of salvage or where he has committed theft, cheating or fraudulent act when performing the salvage agreement.
Article 170
The value of the vessel or the property salved is the actual value at the place in which they were after the salvage is conclusive or the proceeds obtained from the sale, the assessment of the property in either case after deduction of public charges, costs of preservation and public auction, and other similar expenses.
Article 171
There may be a maritime lien on or retention of the vessel or the property salved for recovery of the salvage remuneration and other costs incurred for the valuation and public auction.
Article 172
1. The salvage remuneration are divided equally between the shipowner and the crew of the salving vessel after deduction of expenses incurred and damages suffered by the vessel as well as expenses and losses of the shipowner or of the crew as caused by the salvage.
The provision of this item is not applicable to a remuneration due to a vessel exclusively employed for professional salvage.
2. The Minister of Transport and Communications shall determine in detail the principles of division of the salvage remuneration among the crew.
Article 173
1. The provisions of this chapter are also applicable to various types of ships belonging to the Vietnam Armed Forces.
2. The Minister of Defense and the Minister of Interior shall determine the principles of division of the salvage remuneration among the crew of the ships belonging to the Vietnam Armed Forces.s
Article 174
Any claim in respect of the performance of the salvage agreement if barred at the expiration of two years from the date of termination of the salvage operation.
Tìm kiếm
Luật hàng hải 1990 (Bản Word)