Chương 3 Nghị định 29/2009/NĐ-CP: Mua, bán và đóng mới tàu biển

Chapter III

SHIP PURCHASE, SALE AND BUILDING

Article 24. Principles on ship purchase, sale and building

1. Ship purchase, sale and building are a specific investment activity. The order and procedures for investment in ship purchase, sale and building comply with Vietnam's Maritime Code and this Decree.

2. Ship purchase, sale and building projects must comply with the sectoral development master plans and the national ship fleet; ensure conditions on maritime safety and security and environmental pollution prevention and control in accordance with Vietnamese law and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 25. Ship purchase, sale and building projects

Ship purchase, sale and building projects shall be classified by source of capital as follows:

1. Projects funded with 30% or more of state capital, referred to as state-funded projects.

2. Projects funded with non-state capital or less than 30% of state capital, referred to as non-state-funded projects.

Article 26. Forms of ship purchase, sale and building

1. For state-funded ship purchase and sale projects:

a/ Ship purchase and sale between Vietnamese and foreign organizations or individuals shall be conducted in the form of competitive offers in accordance with international practices from at least 3 (three) offerers such as shipowners or ship charterers, ship managers, ship operators, brokers and shipbuilding yards;

b/ Ship purchase and sale between Vietnamese organizations and individuals shall be conducted in the form of auction or competitive offer in accordance with international practices.

2. State-funded shipbuilding projects shall be implemented with competitive offers from at least 3 shipbuilding yards or their representatives.

3. For non-state-funded ship purchase, sale and building projects, concerned organizations and individuals shall decide on the form of ship purchase, sale and building.

Article 27. Process of implementation of ship purchase, sale and building projects

For state-funded ship purchase, sale and building projects, the following process must be complied with:

1. Selecting ships or ship purchasers and shipbuilding yards.

2. Elaborating and submitting for approval ship purchase, sale and building projects.

3. Deciding on ship purchase, sale and building.

Article 28. Competence to decide on ship purchase, sale and building

1. For state-funded ship purchase, sale and building projects:

a/ Ministers, heads of ministerial-level agencies or government-attached agencies, presidents of People's Committees of provinces and centrally run cities, boards of directors of state groups and corporations (set up by the Prime Minister) may decide on investment in projects capitalized at VND 75 billion or more.

b/ Directors of general departments or departments under ministries or state corporations (decided by ministers) may decide on investment in projects capitalized at under VND 75 billion.

For projects not yet included in approved sectoral master plans, investors shall report them to relevant line ministries for investment decision.

2. For non-state-funded ship purchase, sale and building projects, concerned organizations and individuals shall make decision.

Article 29. Ship purchase, sale and building dossiers

1. A ship purchase dossier comprises:

a/ A report on ship purchase;

b/ The ship purchase project, indicating the necessity of investment, type of ship, quantity and basic technical specifications of the ship, estimated ship price, funding source for ship purchase, form of ship purchase, method of operation, economic benefits and other necessary issues;

c/ A copy of the ship registration certificate;

d/ The report on technical survey of the ship, made by Vietnam or foreign register or international ship surveyor designated by the ship purchaser and seller and accredited by Vietnam register;

e/ The ship's copies of certificates of maritime safety and environmental pollution prevention and control which are issued by a competent register;

f/ The loan guarantee agreement, if so requested by the ship seller or loan provider.

2. A ship sale dossier comprises:

a/ A report on the ship sale proposal;

b/ A copy of the Vietnam ship registration certificate indicating the ship ownership status;

c/ The ship's copies of certificates of maritime safety and environmental pollution prevention and control which are issued by a competent register;

3. A ship building dossier comprises:

a/ A report on ship building;

b/ The ship purchase project, indicating the necessity of shipbuilding, projected shipbuilding yard, time of building and delivery of the ship, total investment, investment source structure; payment method and schedule, basic technical specifications of the ship, method of operation, economic benefits and other necessary issues;

c/ The basic ship design dossier;

d/ Principal provisions of the draft contract or equivalent written agreement;

e/ The loan guarantee agreement, if so requested by the ship seller or loan provider.

4. For non-state-funded ship purchase, sale and building projects, concerned organizations and individuals shall decide on their dossiers, except for ship purchase projects which must comply with Points c, d and e. Clause 1 of this Article.

Article 30. Decision on ship purchase, sale and building

On the basis of ship purchase, sale and building dossiers specified in Article 29 of this Decree, competent persons defined in Article 28 of this Decree may decide on ship purchase, sale and building.

Article 31. Responsibilities and powers of ship purchasers, sellers and builders

1. Ship purchasers, sellers and builders shall take responsibility for:

a/ The truthfulness and lawfulness of documents in the ship purchase, sale or building dossier submitted to the organization or individual competent to decide on ship purchase, sale or building;

b/ The genuineness and technical quality of the ship, ship purchase and sale or building cost and financial conditions of the ship purchase, sale and building project;

c/ The terms of the draft contract on ship purchase, sale or building. They may officially sign the contract only after obtaining approval of the organization or individual competent to decide on ship purchase, sale or building.

2. Ship purchasers, sellers and builders have the following powers:

a/ To directly negotiate and sign the contract on ship purchase, sale or building. And carry out procedures for handover and receipt and import and export of ships in line with competent authorities' ship purchase, sale and building decisions;

b/ If finding it necessary, to hire project elaboration consultants or entrust others to carry out procedures for handover and receipt and import and export of ships.

Article 32. Ship import and export procedures

On the basis of ship purchase, sale and building decisions and contracts, written records of handover and receipt of ships and Vietnam Register's certificates of the technical conditions of ships, customs offices shall carry out ship import and export procedures.