Chapter II
SHIP REGISTRATION
Section I. VIETNAM SHIP REGISTRARS
Article 4. Vietnam ship registrars Vietnam ship registrars include:
1. The national ship registrar, which is Vietnam Maritime Administration.
2. Regional ship registrars, which are maritime sub-departments or port authorities decided by the director of Vietnam Maritime Administration.
Article 5. Tasks of the national ship registrar
1. To guide and examine Vietnam ship registration activities at regional ship registrars.
2. To sum up, make statistics on, maintain and update a database on ship registration and ship mortgage registration; to supply relevant information to interested organizations or individuals.
3. To perform the unified management of the printing and issuance of ship registration certificates and ship mortgage registration certificates.
4. To enter into international cooperation on ship registration.
Article 6. Tasks of regional ship registrars
1. To effect ship registration and ship mortgage registration according to their assigned competence.
2. To compile and manage the Vietnam National Ships Registration Book in assigned regions; to supply relevant information to interested organizations or individuals.
3. To collect, remit and use fees for ship registration and ship mortgage registration according to law.
4. To build databases, make statistics and reports on ship registration and ship mortgage registration.
Section 2. VIETNAM SHIP REGISTRATION
Article 7. Forms of Vietnam ship registration
1. Indefinite registration means registration of ships which are eligible for being granted Vietnam ship registration certificates.
2. Time registration means registration of ships for a given period of time; time registration is applicable to foreign ships chartered by Vietnamese organizations or individuals under bareboat charter or hire-purchase contracts or to foreign ships registered for a given period of time in Vietnam.
3. Re-registration means registration of ships which were previously registered in the Vietnam National Ships Registration Book, but later the registration of which is suspended.
4. Change registration means registration of ships which have been registered in the Vietnam National Ships Registration Book, but have seen changes in their name or shipowner, structure and technical particulars, regional ship registrar or ship register.
5. Provisional registration of ships means ship registration in the following cases:
a/ Charges and fees have not yet been paid under regulations;
b/There is no ship deregistration certificate yet but there is a commitment in the ship purchase and sale contract that the seller shall hand over the ship deregistration certificate to the purchaser within 30 days after the minutes on ship handover is signed. In this case, the certificate of provisional registration of Vietnam ship is valid only from the date the purchaser and seller sign the handover minutes;
c/ A newly built ship is tested or received for delivery to the registration place on the basis of the shipbuilding contract;
d/ It is so decided by the Minister of Transport in special cases.
e/ A certificate of provisional registration of Vietnam ship mentioned in this Clause is valid for 180 days from the date of its issuance.
In case the certificate of provisional registration of Vietnam ship expires when the ship cannot yet arrive in Vietnam for carrying out official registration procedures, the regional ship registrar that has issued the certificate may extend it only once for not more than 180 days from the date of its issuance.
After the expiration of the extended validity duration of the certificate of provisional registration of Vietnam ship, if the ship cannot yet arrive in Vietnam for carrying out official registration procedures for force majeure reasons, extension of the duration of provisional registration shall be decided by the Minister of Transport.
Article 8. Permits for provisional sailing under Vietnamese flag
In case Vietnamese organizations or individuals buy ships of foreign organizations or individuals but have not yet made provisional registration for the ships under Clause 5, Article 7 of this Decree, the diplomatic missions or consulates of Vietnam in the foreign countries where the ships are handed over shall issue permits for provisional sailing under Vietnamese flag in accordance with Appendix XII to this Decree (not printed herein) in order to deliver the ships home.
A permit for provisional sailing under" Vietnamese flag is only valid during the time of taking the ship from the place of handover to a Vietnamese port for completing registration procedures as stipulated in this Decree.
Article 9. Limits of the ages of ships registered in Vietnam for the first time
1. In case of first-time registration in Vietnam, used ships must be of the following ages counting from the year of their building:
a/ Not more than 10 years, for passenger ships;
b/ Not more than 15 years, for ships of other types.
In special cases, the ship age shall be decided by the Minister of Transport but must not be 5 years higher than the maximum age prescribed for each type of ship at Points a and b of this Clause.
2. For foreign ships coercively auctioned in Vietnam under decisions of competent agencies, the ship ages specified in Clause 1 of this Article do not apply.
3. For foreign ships purchased by loan or hire-purchase method by Vietnamese organizations or individuals, after the expiration of the period of registration of flying foreign flag, they may change to registration of flying Vietnam flag provided tha: at the time of signing of the loan or hire-purchase contract, their age is compliant with Clause 1 of this Article.
Article 10. Naming of ships and registration ports
Ship names may be given by shipowners, which, however, must not identical with the names of ships already registered in the Vietnam National Ships Registration Book.
2. In case ships are named after historical figures or events, such must be approved by regional ship registrars according to regulations.
3. Shipowners may select the name of a port for registration of their ships among seaports in the region managed by the regional ship registrar concerned.
Article 11. Ship registration dossiers
1. Indefinite registration of ships
A dossier for indefinite registration of a ship comprises:
a/ The ship registration declaration, made according to the form in Appendix I to this Decree (not printed herein);
b/ The ship deregistration certificate or ship pre-acceptance test and handover minutes, for a newly built ship;
c/ The ship purchase and sale or building contract or other evidence of equivalent legal validity on ship ownership transfer;
d/ The ship tonnage certificate;
e/ Photocopies of charge and fee payment receipts (accompanied with the originals for comparison);
f/ A photocopy of the ship classification certificate (accompanied with the original for comparison);
g/ A copy of the business registration certificate or permit for setting up a branch or representative office in Vietnam.
If the shipowner is a Vietnamese individual, a copy of his/her identity card or permanent residence certificate is required.
2. Time registration of ships
A dossier for time registration of a ship comprises:
a/ The papers specified at Points a. d. f and g. Clause 1 of this Article;
b/ The registration suspension certificate;
c/ A copy of the ship hire-purchase or bareboat charter contract.
3. Re-registration of ships
A dossier for re-registration of a ship comprises the papers specified at Points a. d. f and g. Clause 1 and Point b. Clause 1 or Point b. Clause 2 of this Article.
4. Change registration
a/ Renaming of ships
A dossier for registration of renaming of a ship comprises a document stating the reason for the renaming, and the ship registration certificate.
b/ Change of shipowner
A dossier for registration of shipowner comprises the papers specified at Points a, c. e and g, Clause 1 of this Article.
c/ Change of structure and technical particulars
A dossier for registration of structure and technical particulars comprises:
- A document stating the reason for change of ship structure and technical particulars;
- Certificates of technical safety related to the change of ship structure and technical particulars which were issued by a ship register.
d/ Change of ship registrar
A dossier for registration of change of ship registrar comprises a document stating the reason for change of regional ship registrar, and the ship registration certificate.
e/ Change of ship register
A dossier for registration of change of ship register comprises:
- A document clearly stating the reason for change of ship register;
- The papers specified at Points d and f. Clause 1 of this Article.
Article 12. Dossiers for provisional ship registration and dossiers for grant of permits for provisional sailing under Vietnamese flag
1. Provisional ship registration
a/ In case charges and fees are not yet paid, a dossier for provisional ship registration comprises the papers specified at Points a. b, c, d, f and g. Clause 1, Article 11 of this Decree.
b/ In case charges and fees are not yet paid and the ship deregistration certificate is not yet issued, a dossier for provisional ship registration comprises the papers specified at Points a, c, d, f and g. Clause 1, Article 11 of this Decree.
c/ In case a newly built ship is tested or received for delivery to the registration place under a ship building contract, a dossier for provisional ship registration comprises the papers specified at Points a, c, d, f and g, Clause 1, Article 11 of this Decree.
In case a newly built ship is received for delivery to the registration place, the papers specified at Point b, Clause 1, Article 11 of this Decree are additionally required.
2. Permits for provisional sailing under Vietnamese flag: The shipowner shall comply with the provisions of Clause 1 of this Article.
Article 13. Dossiers for registration of ships under construction
A dossier for registration of a ship under construction comprises:
1. The papers specified at Points a and g. Clause1, Article 11 of this Decree.
2. The shipbuilding contract.
3. The written certification of the ship backbone placement by the shipyard.
Article 14. Dossiers for registration of small ships
A dossier for registration of a small ship comprises:
1. The papers specified at Points a, b. c, e and g, Clause 1, Article 11 of this Decree.
2. Ship technical safety inspection book.
Article 15. Dossiers for ship registration suspension or deregistration
A dossier for ship registration suspension or deregistration comprises:
1. The ship registration suspension or deregistration declaration, made according the form in Appendix II to this Decree (not printed herein).
2. The certificate of Vietnam ship registration. If the certificate is unavailable, the reason therefor must be specified.
3. The written approval of ship registration suspension or deregistration by the ship mortgagee under Clause 2, Article 19 of Vietnam's Maritime Code.
Article 16. Grant of ship registration certificates
1. Regional ship registrars may grant the following certificates:
a/ Vietnam ship registration certificates, made according to the form in Appendix HI to this Decree (not printed herein);
b/ Registration suspension or deregistration certificates, made according to the form in Appendix IV to this Decree (not printed herein);
c/ Time registration certificates, made according to the form in Appendix V to this Decree (not printed herein);
d/ Provisional registration certificates, made according to the form in Appendix VI to this Decree (not printed herein);
e/ Certificates of registration of ships under construction, made according to the forms in Appendix VII to this Decree (not printed herein).
2. Regional ship registrars shall base themselves on the archived dossiers to re-grant ship registration
certificates with the old registration numbers and note down the word "re-grant", for lost, torn or damaged certificates.
3. Regional ship registrars shall grant certificates specified in Clauses 1 and 2 of this Article within 5 working days after receiving complete and valid dossiers. In case of refusal to grant a certificate, they shall notify in writing shipowners thereof.
Section 3. REGISTRATION OF VIETNAM SHIP MORTGAGES
Article 17. Places of registration of Vietnam ship mortgages
Vietnam ship mortgages can be registered at regional ship registrars where the ships concerned are registered.
Article 18. Dossiers for registration of Vietnam ship mortgages
A dossier for registration of Vietnam ship mortgage comprises the following papers:
1. The ship mortgage registration declaration, made according to the form in Appendix VIII to this Decree (not printed herein).
2. The ship mortgage contract.
Article 19. Dossiers for deregistration of Vietnam ship mortgage
A dossier for deregistration of Vietnam ship mortgage comprises the following papers:
1. The ship mortgage deregistration declaration, made according to the form in Appendix IX to this Decree (not printed herein).
2. The Vietnam ship mortgage registration certificate, made according to the form in Appendix X to this Decree (not printed herein).
3. The ship mortgagee's written approval of ship demortgage.
Article 20. Grant of Vietnam ship mortgage registration certificates or Vietnam ship mortgage deregistration certificates
Regional ship registrars shall record in the Vietnam National Ships Registration Book the mortgage registration or the mortgage deregistration immediately after receiving complete and valid dossiers, and shall, within 3 working days, grant Vietnam ship mortgage registration certificates or Vietnam ship mortgage deregistration certificates, made according to the form in Appendix XI to this Decree (not printed herein). In case of refusal to grant a certificate, they shall notify in writing shipowners thereof.
Article 21. Registration of mortgage extension
Registration of mortgage extension complies with Articles 17, 18, 19 and 20 of this Decree.
Section 4. REGISTRATION OF VIETNAMESE ORGANIZATIONS'OR INDIVIDUALS'SHIPS FLYING FOREIGN FLAG
Article 22. Registration of ships flying foreign flag
1. Ships owned by Vietnamese organizations or individuals can be registered for flying foreign flag in the following cases:
a/ Ships purchased or hire-purchased from foreign countries but ineligible for registration in the Vietnam National Ships Registration Book under Article 16 of Vietnam's Maritime Code and this Decree.
b/ Ships operated on the basis of ship bareboat charter contracts or hire-purchase contracts signed between Vietnamese organizations or individuals and foreign organizations or individuals for which ownership registration must be retained in the Vietnam National Ship Registration Book.
2. Procedures for registration for flying foreign flag for Vietnamese ships
a/ The shipowner shall make ship registration suspension or deregistration under Clauses 1 and 2, Article 15 of this Decree;
b/ The regional ship registrar shall carry out procedures for registration suspension or deregistration of flying of Vietnamese flag, withdraw the Vietnam ship registration certificate and grant a new Vietnam ship registration certificate indicating the registration of ship ownership.
Article 23. Procedures for registration of foreign ships purchased by Vietnamese organizations and individuals and registered for flying foreign flag
1. In case Vietnamese organizations or individuals only register for flying foreign flag but do not register for ship ownership in foreign countries, they shall make ship ownership registration at regional ship registrars.
2. A dossier for registration of ship ownership comprises:
a/ A written request for registration of ship ownership;
b/ A copy of the ship registration certificate;
c/ A copy of the ship purchase and sale contract or lawful paper evidencing ship ownership.
3. Within 5 working days after receiving complete and valid dossiers, regional ship registrars shall grant Vietnam ship registration certificates indicating ship ownership registration. In case of refusal, they shall notify in writing shipowners thereof.
Tìm kiếm
Nghị định 29/2009/NĐ-CP (Bản Word)
Nghị định 29/2009/NĐ-CP (Bản Pdf)