Nghị định 86/2020/NĐ-CP sửa đổi Nghị định 171/2016/NĐ-CP về đăng ký, xóa đăng ký và mua, bán, đóng mới tàu biển

DECREE

AMENDMENTS TO GOVERNMENT’S DECREE NO. 171/2016/ND-CP DATED DECEMBER 27, 2016 ON REGISTRATION, DEREGISTRATION, SALE AND PURCHASE, AND BUILDING OF SHIPS

Pursuant to the Law on Organization of Government dated June 19, 2015;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

At the request of the Minister of Transport;

The Government promulgates providing amendments to Government’s Decree No. 171/2016/ND-CP dated December 27, 2016 on registration, deregistration, sale and purchase, and building of ships (hereinafter referred to as “Decree No. 171/2016/ND-CP”).

Article 1. Amendments to some Articles of Decree No. 171/2016/ND-CP

1. Clause 2 Article 1 is amended as follows:

“2. Regulations on registration and deregistration of ships laid down herein shall also apply to registration and deregistration of public service ships, submarines, submersibles, floating storage units and mobile offshore drilling units, and registration of inland waterway ships bearing VR-SB which have names included in Vietnam National Ships Registration Book.”

2. Clause 1 Article 6 is amended as follows:

“1. Vietnam National Ships Registration Book is used for recording information concerning ships, public service ships, submarines, submersibles, floating storage units and mobile offshore drilling units which have been registered or deregistered in accordance with regulations, and made in the forms of paper records and electronic database.

Vietnam National Ships Registration Book includes primary contents as prescribed in Article 24 of the Maritime Code of Vietnam.”

3. Heading of Article 7 is amended as follows:

“Article 7. Age limits for ships registered in Vietnam”

4. Clause 1 and Clause 4 Article 7 are amended as follows:

“1. Age limits for foreign-flagged used ships, submarines, submersibles, floating storage units and mobile offshore drilling units, when they are registered in Vietnam, are provided for as follows:

a) Maximum age of passenger ships, submarines and submersibles: 10 years;

b) Maximum age of other ships, floating storage units and mobile offshore drilling units:  15 years;

<}0{>special cases, the age of chemical tankers, liquefied gas carriers, oil tankers or floating storage units shall be decided by Minister of Transport but not exceed 20 years.  

4. A ship which has been deregistered from Vietnam National Ships Registration Book for registering for inland waterway ship bearing VR-SB notation may be re-registered in Vietnam National Ships Registration Book in the form of indefinite-term registration of ship or registration of small-sized ship if it meets the age limit prescribed in Clause 1 Article  7 of this Decree.”

5. Points b, c, d Clause 2 and Point a Clause 4 Article 8 are amended as follows:

“2. An application for approval for a ship’s name includes:

b) The ship sale and purchase agreement or the shipbuilding contract or other documentary evidences, of equivalent legal validity, proving the ownership of ship (certified true copy or copy presented with its original for verification purpose, notarized translation if such document is made in a foreign language); 

c) The business registration certificate or enterprise registration certificate or Certificate of registration for a co-operative or co-operative union (certified true copy or copy presented with its original for verification purpose).   Where the shipowner is a foreign organization, the license to establish a branch or representative office in Vietnam (certified true copy or copy presented with its original for verification purpose) is required;

d) Where the shipowner is an individual, his/her ID card or Citizen Identity Card or passport (certified true copy or copy presented with its original for verification purpose) is required; where the shipowner is a foreigner, his/her passport (certified true copy or copy presented with its original for verification purpose) is required.

4. The ship registration office shall receive application and carry out the following procedures:

a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

6. Points b, c, g, h Clause 2 and Point a Clause 4 Article 9 are amended as follows:

“2. An application for indefinite-term ship registration includes:

b) Certificate of deregistration of used ship or certificate of deregistration of used inland waterway ship bearing VR-SB notation (original) or the written record of handover of newly built ship (original);

c) The ship sale and purchase agreement or the shipbuilding contract or other documentary evidences, of equivalent legal validity, proving the ownership of ship (original, accompanied by its notarized translation if such document is made in a foreign language); 

g) The business registration certificate or enterprise registration certificate or certificate of registration of a cooperative or cooperative union (certified true copy or copy presented with its original for verification purpose). In case the shipowner is a foreign organization, its license to establish a branch or representative office in Vietnam is required (certified true copy or copy presented with its original for verification purpose);

h) Where the shipowner is an individual, his/her ID card or Citizen Identity Card or passport (certified true copy or copy presented with its original for verification purpose) is required; where the shipowner is a foreigner, his/her passport (certified true copy or copy presented with its original for verification purpose) is required.

4. The ship registration office shall receive application and carry out the following procedures:

a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

7. Point a Clause 1, Points d, e, g Clause 2, Clause 3 and Point a Clause 5 Article 10 are amended as follows:

“1. Certificate of periodical registry:

a) The ship registration period is specified in the certificate of registry corresponding to the period of the hire-purchase contract or the bareboat charter or as requested by the shipowner. If the ship has been issued with the certificate of suspension of registry, the ship registration period shall not exceed the period specified in the certificate of suspension of registry;

2. An application for periodical registration of a ship which is owned by a Vietnamese entity under the form or hire-purchase or bareboat charter includes:

d) The business registration certificate or enterprise registration certificate or Certificate of registration for a co-operative or co-operative union (certified true copy or copy presented with its original for verification purpose); 

e) The hire-purchase contract or the bareboat charter (original, accompanied by its notarized translation if such document is made in a foreign language);

g) The written record of ship handover (original, accompanied by its notarized translation if such document is made in a foreign language);

3. An application for periodical registration of a ship which is owned by a foreign organization or foreigner shall include the documents mentioned in Points a, b, c, dd, e, g and h Clause 2 of this Article, and the license to establish a branch or representative office in Vietnam (certified true copy or copy presented with its original for verification purpose) or the shipowner’s passport (certified true copy or copy presented with its original for verification purpose).

5. The ship registration office shall receive application and carry out the following procedures:

a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

8. Points a, b Clause 2 and Point a Clause 4 Article 11 are amended as follows:

“2. An application for provisional ship registration includes:

a) In case of unpaid fees and charges, the application includes:  The application for ship registration made according to Form No. 01 in the Appendix enclosed herewith, the documents prescribed in Points b, c, g and h Clause 2 Article 9 hereof, and the ship tonnage certificate and the ship classification certificate (copies);

b) If the certificate of deregistration is not available, the application includes:  The application for ship registration made according to Form No. 01 in the Appendix enclosed herewith, the documents prescribed in Points c, g and h Clause 2 Article 9 hereof, and the ship tonnage certificate and the ship classification certificate (copies);

4. The ship registration office shall receive application and carry out the following procedures:

a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

9. Point a Clause 4 Article 12 is amended as follows:

“a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

10. Points b, d, dd Clause 2 and Point a Clause 4 Article 13 are amended as follows:

“2. An application for registration of a ship under construction includes:

b) The shipbuilding contract or the contract for sale and purchase of a ship under construction (original, accompanied by its notarized translation if such document is made in a foreign language);

d) The business registration certificate or enterprise registration certificate or certificate of registration of a cooperative or cooperative union (certified true copy or copy presented with its original for verification purpose). In case the shipowner is a foreign organization, its license to establish a branch or representative office in Vietnam is required (certified true copy or copy presented with its original for verification purpose);

dd) Where the shipowner is an individual, his/her ID card or Citizen Identity Card or passport (certified true copy or copy presented with its original for verification purpose) is required; where the shipowner is a foreigner, his/her passport (certified true copy or copy presented with its original for verification purpose) is required.

4. The ship registration office shall receive application and carry out the following procedures:

a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

11. Points b, c, dd, e Clause 2 and Point a Clause 4 Article 14 are amended as follows:

“2. An application for registration of small-sized includes:

b) Certificate of deregistration of used ship or certificate of deregistration of used inland waterway ship bearing VR-SB notation (original) or the written record of handover of newly built ship (original);

c) The ship sale and purchase agreement or the shipbuilding contract or other documentary evidences, of equivalent legal validity, proving the ownership of ship (original, accompanied by its notarized translation if such document is made in a foreign language); 

dd) The business registration certificate or enterprise registration certificate or certificate of registration of a cooperative or cooperative union (certified true copy or copy presented with its original for verification purpose). In case the shipowner is a foreign organization, its license to establish a branch or representative office in Vietnam is required (certified true copy or copy presented with its original for verification purpose);

e) Where the shipowner is an individual, his/her ID card or Citizen Identity Card or passport (certified true copy or copy presented with its original for verification purpose) is required; where the shipowner is a foreigner, his/her passport (certified true copy or copy presented with its original for verification purpose) is required;

4. The ship registration office shall receive application and carry out the following procedures:

a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

12. Point a Clause 4 Article 15 is amended as follows:

“a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

13. Point a Clause 4 Article 16 is amended as follows:

“a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

14. Clause 4 is added to Article 19 as follows:

“4. Vietnamese-flagged ship provisionally registered as prescribed in Point a Clause 5 Article 3 hereof cannot be deregistered if required fees and charges are not yet paid.”

15. Point a Clause 4 Article 20 is amended as follows:

“a) With regard to an application submitted directly, the ship registration office shall instruct the applicant to complete it, if it is invalid, or record it into the monitoring book and grant an application confirmation slip giving an appointment to the applicant within the prescribed time limit;”

16. Clause 1 Article 22 is amended as follows:

“1. The purchase of ship with state funding shall be performed in accordance with regulations of the Law on bidding.”

17. Clause 1 Article 23 is amended as follows:

“1. The purchase of ship with state funding shall be carried out according to the following procedures:

a) Approve the ship purchase policy;

b) Select the ship, and estimate the purchase price and other costs of ship purchase;

c) Prepare, appraise and approve the ship purchase project. The ship purchase project includes contents about the necessity of the investment, type, quantity and basic specifications of ship, estimated purchase price, funding source, operation plan, and economic efficiency and other necessary contents;

d) Make decision on ship purchase;

dd) Complete ship purchase procedures.”

18. Clause 1 Article 24 is amended as follows:

“1. The selling of ship with state funding shall be carried out according to the following procedures:

a) Approve the ship sale policy;

b) Determine the starting price and estimated costs related to the ship selling transaction;

c) Prepare, appraise and approve the ship sale project. The ship sale project includes contents about the necessity to sell the ship, quantity and basic specifications of ship, estimated selling price, selling method and other necessary contents;

d) Make decision to sell the ship;

dd) Complete ship sale procedures.”

19. Clause 1 Article 25 is amended as follows:

“1. The state-funded shipbuilding project shall be executed according to the following procedures:

a) Approve the shipbuilding policy;

b) Select and determine price and source of funding for shipbuilding; estimate other relevant shipbuilding costs;

c) Prepare, appraise and approve the shipbuilding project. The shipbuilding project includes contents about the necessity of the investment, type, quantity and basic specifications of the ship, estimated price and funding source for shipbuilding, shipbuilding method, operation method, economic efficiency and other necessary contents;

d) Make the shipbuilding decision;

dd) Complete shipbuilding procedures.”

20. Clause 1 Article 26 is amended as follows:

“1. With respect of state-funded ship purchase, sale or building projects, the power to give approval for policies, projects or decisions on ship sale, purchase or building shall be carried out in accordance with regulations of the law on management and use of state funding invested in business activities of enterprises, law on investment and law on public investment, and other regulations laid down in the enterprise’s charter.”

Article 2. Transition

1. Applications for certificate of registry or deregistration of ship received by ship registration offices before the effective date of this Decree shall be processed in accordance with regulations of Decree No. 171/2016/ND-CP.

2. State-funded ship purchase, sale or building projects approved before the effective date of this Decree shall be executed in accordance with regulations of Decree No. 171/2016/ND-CP.

3. When they are registered in Vietnam, the age of foreign-flagged ships purchased by Vietnamese organizations or individuals in the form of purchase loan or hire purchase under the purchase loan or hire purchase agreements signed before the effective date of this Decree shall be determined in accordance with regulations of Decree No. 171/2016/ND-CP.

4. The ships which have been issued with certificate of provisional registration before the effective date of this Decree may be deregistered in accordance with regulations of Decree No. 171/2016/ND-CP.

Article 3. Effect and implementation

1. This Decree comes into force from September 15, 2020.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant agencies, organizations and individuals shall be responsible for the implementation of this Decree./.