Chapter IV
PURCHASE, SALE AND BUILDING OF SHIP
Article 21. Principles for purchase, sale and building of ship
1. The purchase, sale and building of ship are specific investment activities. Procedures and formalities for purchase, sale and building of ship are performed in accordance with regulations herein and relevant laws.
2. Ships to be purchased, sold or built must satisfy the conditions on maritime safety and security and environmental protection in accordance with the law of Vietnam and international treaties to which Vietnam is a signatory.
Article 22. Forms of purchase, sale and building of ship
1. The purchase of ship with state funding shall be performed in accordance with regulations of the Law on bidding. If all regulations of the Law on bidding have been applied but no ship is selected, the form of competitive offering shall be adopted in conformity with the international practices with the participation of at least 03 offering parties who are the ship sellers or brokers.
2. The sale of ship with state funding shall be performed in accordance with regulations of the Law on bidding. If all regulations of the Law on bidding have been applied but it still fails to select the qualified buyer, the competitive offering shall be adopted in conformity with the international practices with the participation of at least 03 parties who offer buying prices and are the buyers or brokers.
3. The shipbuilding project with state funding shall be performed in accordance with regulations of the Law on bidding. If all regulations of the Law on bidding have been applied but it fails to select the qualified shipbuilding enterprise or shipyard, the competitive offering shall be adopted with the participation of at least 03 shipbuilding enterprises or shipyards or their representatives.
4. The purchase, sale and building of ships with other sources of funding shall be subject to decisions of enterprises, organizations or individuals concerned.
Article 23. Process of ship purchase
1. The process of purchasing ship with state funding:
a) Select type of ship, estimate the buying price and costs related to the ship purchase transaction;
b) Establish, appraise and give approval for the ship purchase project. The ship purchase project must include contents about the necessity of investment, type of ship, quantity, basic technical specifications of the ship, estimated buying price, source of funding for ship purchase, form of ship purchase, method of operation, economic efficiency and other necessary contents;
c) Make decision on purchase of ship;
d) Complete procedures for ship purchase.
2. The purchase of ship with other sources of funding shall be subject to decisions of enterprises, organizations or individuals concerned.
Article 24. Process of selling ship
1. The process of selling ship with state funding:
a) Determine the reserve price and estimate costs related to the ship selling transaction;
b) Establish, appraise and give approval for the project on sale of ship. The project on sale of ship must include contents about the necessity of selling ship, quantity, basic technical specifications of the ship, estimated selling price, form of selling ship and other necessary contents;
c) Make decision on sale of ship;
d) Complete procedures for selling ship.
2. The sale of ship with other sources of funding shall be subject to decisions of enterprises, organizations or individuals concerned.
Article 25. Process of executing the project on building of ship
1. The process of executing the project on building of ship with state funding:
a) Select, determine price and source of funding for building of ship; estimate costs related to the ship building transaction;
b) Establish, appraise and give approval for the project on building of ship. The project on building of ship must include contents about the necessity of investment, type of ship, quantity, basic technical specifications of the ship, estimated price, source of funding for building of ship, form of ship building, method of operation, economic efficiency and other necessary contents;
c) Make decision on building of ship;
d) Complete procedures for building of ship.
2. The project on building of ship with other sources of funding shall be subject to decisions of enterprises, organizations or individuals concerned.
Article 26. Power to give approval for policies/ decisions on sale, purchase or building of ship
1. With respect of the projects on sale, purchase or building of ships with state funding, the power to give approval for policies/ decisions on sale, purchase or building of ships shall be governed by regulations of the Law on management and use of state funding for performing production and business activities at enterprises.
2. The projects on sale, purchase or building of ships with other sources of funding shall be subject to decisions of enterprises, organizations or individuals concerned.
Article 27. Documents concerning decisions on purchase, sale or building of ships
1. Documents concerning decision on purchase of ship include:
a) The written request for the purchase of ship, in which the ship selection result must be specified;
b) The approved project on purchase of ship, enclosed with Decision on approval for the project;
c) The copy of Certificate of registry of ship;
d) The report on the technical survey of ship made by the Vietnam Register or a foreign register which must be a member of the International Association of Classification Societies (IACS);
dd) Copies of certificates of maritime safety and security, maritime labour and environmental protection granted by competent authorities to the ship in operation;
e) The written approval for loan policies of credit institution (if any).
2. Documents concerning decision on sale of ship, including ships under construction, include:
a) The written request for the sale of ship, in which the ship selling price must be specified;
b) The copy of Certificate of registry of ship;
c) The written approval for the sale of ship given by the entity providing loans to the enterprise or guarantor for the enterprise in connection with the to-be-sold ship or the mortgagee of the to-be-sold ship;
d) Copies of certificates of maritime safety and security, maritime labour and environmental protection granted by competent authorities;
dd) The approved project on sale of ship, enclosed with Decision on approval for the project.
3. Documents concerning decision on building of ship include:
a) The written request for building of ship, in which the result of selecting shipbuilding enterprise or shipyard to execute the project on building of ship must be specified;
b) The approved project on building of ship, enclosed with Decision on approval for the project;
c) The design of the ship being built which has been approved by the register;
d) Main contents of the draft of contract or similar agreement;
dd) The loan guarantee agreement, if so requested by the ship builder or loan provider.
Article 28. Responsibility and power of the ship purchaser, seller and builder
1. The ship purchaser, seller and builder shall be responsible for:
a) The truthfulness and legality of documents concerning decision on purchase, sale or building of ship;
b) The genuineness and technical quality of the ship; the purchasing, selling or building price and financial conditions of the project of sale, purchase or building of ship;
c) Contents of provisions of the draft of contract for sale, purchase or building of ship. The said contract may be officially signed only after obtaining the competent authority’s decision on the purchase, sale or building of ship;
d) The investment efficiency of the project; the rationality of the purchase or building method and capital-raising method selected to suit the financial capability, technology and ship operation plan.
2. The ship purchaser, seller and builder shall have the right to:
a) Directly negotiate and sign ship purchase, sale or building contract and carry out the procedures for handover, import or export of ship based on competent authority’s decision on purchase, sale or building of ship;
b) Hire project consultants or entrust an entity to carry out the procedures for handover, import or export of ship, where necessary.
Article 29. Procedures for import/ export of ship
1. Based on decision on the purchase, sale or building of ship, the contract for purchase, sale or building of ship, the written record of ship handover and the written certification of the ship’s technical status granted by the Vietnam Register upon the first inspection of imported ship, custom agency shall assume responsibility to carry out procedures for import/ export of ship.
2. In case export procedures for an exported ship must be carried out, the custom agency shall carry out export procedures without navigating such ship to Vietnam provided the shipowner must submit the written commitment and assume responsibility before the law for the fact all procedures for export of such ship have been completed in compliance with laws.
3. The physical inspection of the exported ship is conducted at the sea port of Vietnam where procedures for export of that ship are carried out. The physical inspection of the exported ship is conducted at the sea port of Vietnam where that ship arrives first for carrying out import procedures.
Tìm kiếm
Nghị định 171/2016/NĐ-CP về đăng ký, xóa đăng ký và mua, bán, đóng mới tàu biển (Bản Pdf)
Nghị định 171/2016/NĐ-CP về đăng ký, xóa đăng ký và mua, bán, đóng mới tàu biển (Bản Word)