Chương 13 Luật hàng hải 1990: Tai nạn đâm va

Chapter XIII

COLLISION

Article 182

1. Collision mentioned in the present Code is a collision, which has occurred in waters where sea-going vessels are permitted to operate, between sea-going vessels or between a sea-going vessel and a vessel of inland navigation, a seaplane or other floating structures.

2. The blame vessel is liable for damage done through collision to a vessel or to persons and property in connection thereof. Where the fault is not clearly determined, nobody is to blame for the collision.

3. A blame vessel is a vessel causing a collision or such collision is as a result of negligence in equipping, navigation and management of the vessel, in observing regulations for preventing collisions at sea and regulations for the marine navigation safety as well as non-exercising of necessary professional practices.

Article 183

1. Where both to blame or many to blame collision has occurred, each of them is liable in proportion to the degree of her fault. Where the degree of the fault is equal or it is impossible to establish the relative degrees of fault, they are held equally to blame.

2. For damage resulting from loss of life, personal injuries or health damage the vessels at fault in the collision are liable jointly and severally. A vessel which, by virtue of the joint and several liability, has paid more than required proportion, is entitled to recover from the other vessels the sum paid in excess.

Any claim in respect of recovery of the amount paid in excess is barred at the expiration of one year from the date of the payment.

Article 184

Where the collision has occurred by force majeure or by an accidental event, or where the blame vessel cannot be identified, the damages are borne by those who have suffered them. This provision is also applicable where the vessel is at anchor, moored to or alongside another vessel at the time of the collision.

Article 185

1. After the collision, the master of each of the vessels in collision is bound, so far as he can do so without serious danger to his vessel as well as the persons and property on board his vessel, to render assistance to the other vessel, her persons and her property.

2. The master of each of the vessels, immediately after collision, is also bound to make known to the master of the other vessel the name of his own vessel, her call-sign, the port to which she belongs and the names of the ports from which she has come and to which she is bound.

3. The shipowner is not responsible for a breach of the duties set forth in items 1 and 2 of this Article by his master.

Article 186

1. The provisions of this Chapter are also applicable where a vessel by her fault has caused damage to another vessel or to persons or property on board thereof, even through no direct collision has taken place.

2. The provisions of this Chapter are also applicable to military ships belonging to the Vietnam Armed Forces. These ships do not incur liability for damage done to other vessels by way of collision while executing service duties on military exercise areas and on areas declared as prohibition to navigation, but commanders of such ships are not relieved thereby of the duties provided for in Article 185 of the present Code.