Chương 3 Nghị định 57/2010/NĐ-CP: Xử lý tàu biển trong trường hợp chủ tàu bỏ tàu và bán đấu giá tàu biển

Chapter III

HANDLING OF SEAGOING SHIPS IN CASE SHIP OWNERS ABANDON THEIR SHIPS AND AUCTION OF SEAGOING SHIPS

Article 15. Abandonment of arrested seagoing ships by their owners Arrested seagoing ships shall be regarded as abandoned by their owners in the following cases:

1. The ship owners declare in writing the abandonment of their arrested seagoing ships without transferring the rights and obligations related to these ships to lawful insurers or authorizing other organizations and individuals. Written declarations of ship abandonment of ship owners shall be sent to courts that have issued seagoing ship arrest decisions and to port authorities implementing these decisions;

2. The ship owners actually abandon their ships at their own will and, 30 days after the date port authorities send written notices to them and make 3 consecutive announcements in the central and local mass media on the responsibility of the ship owners for arrested ships, fail to contact the notifying authorities.

Article 16. Abandonment by seagoing ships' owners of their ships arrested under decisions on arrest of seagoing ships to secure settlement of maritime claims

Cases of abandonment by seagoing ships' owners of their ships arrested under court decisions to secure settlement of maritime claims shall be handled as follows:

1. In case the seagoing ship arrest applicant institutes a lawsuit at court for settlement of the dispute and the court accepts the case, the handling of the seagoing ship shall be decided by the court based on the court judgment or decision;

2. In case the seagoing ship arrest applicant does not institute a lawsuit at court or institutes a lawsuit but the court rejects the law suit petition, the seagoing ship shall be auctioned and proceeds there from shall be remitted into the state budget.

Article 17. Abandonment by seagoing ships' owners of their ships arrested under decisions on a provisional urgent measure to arrest seagoing ships

Cases of abandonment by seagoing ships' owners of their ships arrested under decisions on a provisional urgent measure, the handling of arrested seagoing ships shall be decided by courts that have issued the decisions on application of a provisional urgent measure through their judgments or decisions.

Article 18. Abandonment by seagoing ships' owners of their ships arrested under decisions on arrest of seagoing ships to secure judgment enforcement

Cases of abandonment by seagoing ships' owners of their ships arrested to secure judgment enforcement, civil judgment enforcement bodies shall auction these ships under court judgments or -decision for enforcement thereof. In case the judgment enforcement obligation requires the return of seagoing ships to judgment enforcement creditors, judgment enforcement bodies shall hand over these ships to judgment enforcement creditors.

Article 19. Abandonment by seagoing ships' owners of their ships arrested under decisions on arrest of seagoing ships under judicial mandate given by foreign courts

Cases of abandonment by seagoing ships' owners of their ships arrested under decisions on arrest of seagoing ships under judicial mandate given by foreign courts shall be handled as follows:

1. Courts that have issued decisions on arrest of seagoing ships under judicial mandate given b\ foreign courts shall base themselves on judgments, decisions or requests of foreign courts that have given judicial mandate for the arrest of seagoing ships to handle arrested seagoing ships;

2. Upon the expiration of the period of arrest, if there is no request of foreign courts that have given judicial mandate for the arrest of seagoing ships, these ships shall be auctioned and auction proceeds shall be remitted into the state budget.

Article 20. Auction of arrested seagoing ships

1. The auction of arrested seagoing ships shall be conducted under court judgments or decisions.

2. The order and procedures for auctioning arrested seagoing ships comply with the law on property auction.

Article 21. Principles of payment of charges, fees and expenses for arresting seagoing ships and debts with proceeds from the auction of arrested seagoing ships

Proceeds from the auction of arrested seagoing ships shall be used to pay charges, fees and expenses for arresting these ships and debts in the following priority order:

1. Charges and fees for judgment enforcement, expenses for arresting seagoing ships and expenses for auctioning arrested seagoing ships and expenses for maintaining operations of ships during the period of arrest:

2. Maintenance, wage, labor remuneration, severance, job-loss allowance, working capacity loss allowance: compensations for death or injuries and other spiritual damage of crewmembers working on board arrested ships;

3. Court charge and fee;

4. Maritime dues and fees;

5. Other debts under court judgments or decisions.

Charges, fees and debts specified in this Article shall be paid within 10 days after proceeds from the auction of seagoing ships are collected.