Chapter XII
RECOVERY OF PROPERTY FROM THE SEA
Article 175
1. Properties sunken, which are mentioned in this Chapter, are vessel, cargo or other objects sunken in Vietnamese inland waters or in the Vietnamese territorial waters or floating on the sea, and or washed ashore the Vietnamese coast.
2. The owner of such property sunken should, within latest one hundred and eighty days of the date on which the property sank, give notice to the Minister of Transport and Communications of his intention to recover that property and to indicate the date by which he intends to complete the recovery.
The Minister of Transport and Communications, within sixty days of the date in which the notice was received, determines the acceptance of the intended period for the completion of recovery or fix for the owner a time to complete the recovery. The period for the recovery should not be more than a year counting from the date in which the decision was delivered to the owner of property.
3. Where the owner of property has not commenced the recovery operations within the period determined in item 2 of this Article or where he has prolonged the recovery operations over a year counting from the date of completion of the period for the recovery, the ownership in such property passes to the State of Vietnam.
Article 176
The recovery of property sunken in military zones as well as the recovery of military property adapted for military purposes requires a permission from the Minister of Defence or the head of the military unit who is authorized by the Minsiter.
Article 177
1. Where a property sunken endangers or hinders navigation and exploitation of the habour and marine natural welfares or where it endangers peoples lives and health and causes pollution of the sea, the owner of property is bound to recover it right after it has sunk. Where the owner fails to do the recovery it right after it ahs sunk. Where the owner fails to do the recovery, the Minister of Transport and Communications may order the recovery, fixing for him a period for reimbursement of the costs incurred.
The owner of property is also liable for relevant losses and subject to penalty according to laws, even when he lost the ownership of the property as provided in item 3 of Article 175 of the present Code.
2. Instead of the provisions laid down in item 1 of this Article, the Minister of Transport and Communications is entitled to determine the recoverer if it appears that the recoverer nominated by the owner of property is unable to ensure the recovery at a fixed time.
3. Where the owner fails to claim delivery of he property after one hundred and eighty days of his having been advised of the recovery or to pay the costs involved in the period fixed, the Minister of Transport and Communications or the agency duly authorized by him has the right to sell the recovered property by public auction. Out of the proceeds obtained from the sale, the balance must be placed in bank deposit for delivery to the entitled party after deducting the costs of the recovery, expenses for the preservation of the property and for the carrying out of the sale as well as other expenses.
4. The owner is only liable for the costs and expenses incurred in connection with the cases set out in this Article within the limits of the value of the recovered property.
Article 178
Vietnamese organizations and individuals are given priority in conclusion of contracts for recovering property sunken in Vietnamese inland waters and in the Vietnamese inland waters and in the Vietnamese territorial waters.
Article 179
1. The incidental recovery of property belonging to another, sunken in Vietnamese inland waters and in the Vietnamese territorial waters, or the transportation thereof to Vietnamese inland waters or to the Vietnamese territorial waters should be immediately reported by the recoverer to Peoples Committee of the province or the municipal-level cities of the central authority or similar administrative units and the Customs at the nearest place as well as the Minister of Transport and Communications as to the time, place and circumstances of the recovery of property; and the owner should also, as far as possible, be notified thereof, while the property should be properly preserved until the delivery thereof to the owner.
2. A recovery of property belonging to another as mentioned in item 1 of this Article is entitled to the reimbursement of costs and expenses as well as to a remuneration, the amount of which is determined by applying the provisions concerning salvage.
3. Where the recovered property belonging to another as mentioned in item 1 of this Article undergoes a rapid decay or destruction, or where its preservation requires excessive costs, the recoverer has the right to handle the property according to the provision of item 3 of Article 177 of the present Code.
4. Where within fourteen days of his having been advised of the recovery, the owner fails to claim delivery of the property or to pay the amount due to the recoverer and where the owner is unknown, the recoverer is bound to deliver the recovered property to Peoples Committee of the province or the municipal level city of the central authority and, or similar administrative unit for its custody.
Where the owner of the property, within a period of one hundred and eighty days of the date of his being notified, fails to have any actions to protect his interests, the Peoples Committee of the province or the municipal-level cities of the central authority and or the similar administrative unit is entitled to handle the recovered property according to the provisions of item 3 of Article 177 of the present Code.
Article 180
1. Whoever has found and salved property belonging to another, floating on the sea or has contributed to the salvage of such property, is entitled to a remuneration in accordance with the provisions concerning salvage, provided that he has advised the owner of property of his claim not later than the time of delivery of the property found.
2. Whoever has found and salved property belonging to another, floating on the sea or has contributed to the salvage of such property, is entitled to a remuneration in accordance with the provisions concerning salvage, provided that he has advised the owner of property of his claim not later than the time of delivery of the property found.
3. The provisions of items 1, 3 and 4 of Article 179 of the present Code are also applicable to the cases set out in items 1, 2 of this Article.
Article 181
The Council of Ministers shall determine in detail the manner of dealing with property sunken at the sea.
Tìm kiếm
Luật hàng hải 1990 (Bản Word)