Chương I Nghị định 171/2016/NĐ-CP về đăng ký, xóa đăng ký và mua, bán, đóng mới tàu biển: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree introduces regulations on the registration and deregistration of Vietnamese-flagged ships, the purchase, sale, building, import and export of ships, and registration of ships under the ownership of Vietnamese entities for sailing under foreign flags.

2. Regulations on the registration and deregistration of ships in this Decree shall also apply to the registration and deregistration of public service ships, submarines, submersibles, floating production storage and offloading units, and mobile offshore drilling units.

3. This Decree shall not apply to the purchase, sale and building of:

a) Ships which are under the ownership of foreign entities and constructed in Vietnam;

b) Foreign-flagged ships which are under the ownership of foreign entities and sold at auction in Vietnam under decisions on enforcement of competent state agencies;

c) Public service ships, submarines, submersibles, floating production storage and offloading units, and mobile offshore drilling units.

4. This Decree shall not also apply to the registration, deregistration, purchase, sale and building of ships serving national defense and security purpose, nuclear-powered ships and seaplanes.

Article 2. Regulated entities

This Decree shall apply to Vietnamese and foreign entities getting involved in the registration, deregistration, purchase, sale and building of ships.

Article 3. Interpretation of terms

In this document, these terms are construed as follows:

1. Ship registration means that a competent agency in charge of ship registration in Vietnam records information on ships in the Vietnam National Ships Registration Book for archive and grants ship registration certificates under regulations in this Decree and relevant laws. The ship registration is carried out under the following forms:

a) Indefinite ship registration;

a) Periodical ship registration;

c) Registration of change;

d) Provisional registration of ship;

dd) Registration of ship under construction;

2) Registration of small ship.

2. Indefinite ship registration refers to the registration of a ship when such ship fully satisfies the conditions prescribed in Article 20 of the 2015 Maritime Code of Vietnam and in this Decree.

3. Periodical ship registration refers to the registration of a ship for a definite time when such ship fully satisfies the conditions prescribed in Article 20 of the 2015 Maritime Code of Vietnam and in this Decree.

4. Registration of change refers to the registration of a ship which has been registered in the Vietnam National Ships Registration Book when there is a change in the ship's name, the ship owner’s name or address, the ship’s technical specifications or utilities, the ship registration office or the ship classification agency.

5. Provisional registration of ship refers to the registration of a ship under the ownership of a Vietnamese or foreign entity for provisionally flying the Vietnamese flag in the following cases:

a) Fees and charges have been not yet paid as regulated;

b) It has no certificate of ship deregistration but has made a commitment in the ship purchase and sale contract that the seller will hand over the certificate of ship deregistration to the purchaser. In this case, the certificate of provisional registration of Vietnamese ship may take effect only from the date on which the purchaser and seller sign the written record of ship handover;

c) A newly built ship is put for test or received for navigation to the place of registry on the basis of a shipbuilding contract.

6. Registration of ship under construction refers to the registration of a ship of which the keel has been laid but the building is not yet completed.

7. Registration of small ship refers to the registration of a motor ship with the main engine power of less than 75kW or a non-motor ship with a gross tonnage of less than 50GT or a dead weight of less than 100 tonnes or a design waterline length of less than 20 meters.

8. Ship purchase and sale means a process of market research, preparation of a project dossier, decision on purchase and sale, and signing and performance of a ship purchase and sale contract.

9. Valid application refers to the application comprising all of the documents prescribed in this Decree.

10. Port of ship registry or place of ship registry refers to the name of sea port or the name of province or central-affiliated city where the head office of the agency carrying out the registration for ships is located (hereinafter referred to as the place of registry).

11. Age of a ship is calculated by years from the date when the ship's keel is laid. In case it is unable to determine the date of the keel laid, the age of a ship shall be counted from the date on which the weight of the assembled hull of the ship reaches 50 tonnes or equals to 01% of total estimated amount of materials of hull, whichever value is lower.

12. Project on purchase or building of ship with state funding refers to the investment project on purchase of a ship or construction of a new ship of which the state funding is accounted for 30% or above or less than 30% but more than VND 500 billion of the project’s total investment.

13. Project on purchase or building of ship with other sources of funding refers to the investment project on purchase of a ship or construction of a new ship without using state funding or of which the state funding is accounted less than 30% and less than VND 500 billion of the project’s total investment.

14. Project on sale of ship with state funding refers to the project on sale of a ship which has been purchased or built according to the project on purchase or building of ship with state funding.

15. Project on sale of ship with other sources of funding refers to the project on sale of a ship which has been purchased or built according to the project on purchase or building of ship with other sources of funding.