Chương 1 Nghị định 57/2010/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree stipulates the jurisdiction, order and procedures for the arrest of seagoing ships under court decisions to secure the settlement of maritime claims or application of provisional urgent measures, to enforce civil judgments or under judicial mandate given by foreign courts or decisions on release of seagoing ships from arrest; the handling of seagoing ships abandoned by their owners and the auction of arrested seagoing ships and other related matters.

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign agencies, organizations and individuals related to seagoing ships arrested in Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Arrest of seagoing ship means forbidding a seagoing ship to move or subjecting it to restricted movement under a competent court's decision to ensure the settlement of a maritime claim or the application of a provisional urgent measure, at the request of a civil judgment enforcement body or under judicial mandate given by a foreign court;

2. Release of seagoing ship means permitting a seagoing ship to move upon the expiration of the period of arrest, the cancellation of the decision on its arrest or the issuance of a court decision on its release;

3. Decision on arrest of seagoing ship means a competent court's decision on arrest of a seagoing ship to secure settlement of a maritime claim or the application of a provisional urgent measure, at the request of a civil judgment enforcement body or under judicial mandate given by a foreign court;

4. Decision on release of seagoing ship means a competent court's decision on release of a seagoing ship from arrest;

5. Port authority means the authority of a maritime port or regional inland waterway port at which a seagoing ship subject to an arrest

application conducts its maritime operation;

6. Auction of arrested seagoing ship under a competent court's judgment or decision means the sale of an arrested seagoing ship through an auction;

7. Pursuit means the deployment of appropriate functional or professional force(s) to pursue a seagoing ship which is subject to a court decision on arrest but fails to abide by that decision and departs from the port without permission or has departed from the port by the time of issuance of that decision or receipt of that decision by the port authority director.