Nghị định 91-CP Của Chính phủ về việc ban hành Quy chế đăng ký tàu biển và thuyền viên

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Maritime Code of Vietnam of June 30, 1990;

At the proposal of the Minister of Communications and Transport,

Article 1.- To issue together with this Decree the "Regulation on the Registration of Sea-going Ships and Crews".

Article 2.- This Decree takes effect 15 days after its signing and replaces Decree No. 14-CP of February 25, 1994 of the Government.

The provisions on the registration of sea-going ships and crews which are contrary to the Regulation issued together with this Decree are now annulled.

The Minister of Communications and Transport and the Minister of Aquatic Resources shall have to guide and supervise the implementation of the "Regulation on the Registration of Sea-going Ships and Crews" issued together with this Decree.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the Peoples Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

(issued together with Decree No. 91-CP of August 23, 1997 of the Government)

Chapter I

Article 1.- This Regulation prescribes the principles for organizing the registration of sea-going ships and crews in Vietnam and the overseas registration of sea-going ships under the ownership of Vietnam

Article 2.-

1. The following kinds of sea-going ships must be registered under this Regulation:

a/ Motorized sea-going ships with the main engines capacity of 75/CV or more;

b/ Sea-going ships without motor but having a total tonnage of 50 GRT or more or a capacity of 100 DWT or more or a design water length of 20 meters or more;

c/ Sea-going ships which are smaller than those described in Point a and Point b of this Clause but operate on overseas routes;

d/ Sea-going ships used only for fishing, processing and domestic transport of aquatic and marine products.

2. Sea-going ships used only for military and security purposes under the management of the Ministry of Defense and the Ministry of the Interior and their crews shall be registered under a separate regulation and not subject to this Regulation.

Article 3.-

1. All ship owners can operate their ships only after they have completed the registration of their ships and crews in accordance with this Regulation and relevant provisions of Vietnamese law.

A ship owner mentioned herein means a legal person or an individual that owns and registers a ship under his/her/its name in accordance with Vietnamese law.

2. The State of Vietnam protects all lawful interests of ship owners from the time their ships are registered till the time such registration is deleted.

3. All ship owners are obliged to manage and commercially use their sea-going ships already registered in Vietnam in accordance with Vietnamese law and pay a registration fee according to the regulations of the Ministry of Finance and current provisions of law.

Article 4.-

1. The Ministry of Communications and Transport (the Vietnam Maritime Department) shall provide for the organization and operation of its attached registry of sea-going ships and crews; be responsible for registering sea-going ships described in Point a, b and c, Clause 1, Article 2 of this Regulation.

2. The Ministry of Aquatic Resources shall provide for the organization and operation of its attached registry of sea-going ships and crews; be responsible for registering those sea-going ships described in Point d, Clause 1, Article 2 of this Regulation.

Article 5.- The registries of sea-going ships and crews that operate in various regions in accordance with the stipulations and assignment of the Heads of the agencies stated in Article 4 of this Regulation (regional registries of sea-going ships and crews for short). These registries shall have to establish and manage the "regional registration book of sea-going ships", and perform other tasks in their specialized fields of State management authorized by the competent level.

Chapter II

Section A. CONDITIONS FOR REGISTRATION OF SEA-GOING SHIPS

Article 6.- A sea-going ship shall be registered in Vietnams "national registration book of sea-going ships" if it satisfies the following conditions:

1. It no longer bears a foreign registration;

2. It has been technically inspected, categorized, has its tonnage measured and has been granted the necessary certificates corresponding to its category, kind and use purposes by "Dang Kiem Vietnam" (the Vietnam Ship Registry) or a competent registry of sea-going ships;

3. For a used ship of a foreign country which applies for first-time registration or re-registration in Vietnam, it must not be more than 15 years old. In special cases, permission from the Prime Minister shall be required;

4. It must be owned by a Vietnamese organization having its main office in Vietnam or by a Vietnamese citizen permanently residing in Vietnam;

5. It must have its own name given by its owner and approved by the registry of sea-going ships and crews. In cases a ship is named after a historical figure, event or place, a written approval of the Minister of Communications and Transport or the Minister of Aquatic Resources (if the ship is used exclusively for aquatic resources service) is required.

6. Ship owners shall have to commit themselves not to use their ships for unlawful purposes or to affect the interests and prestige of the State of Vietnam.

Article 7.- Sea-going ships owned by joint venture enterprises or enterprises with 100% of foreign invested capital which have been established and operating under the Law on Foreign Investment in Vietnam may be registered in Vietnam if they satisfy all the conditions prescribed in Clauses 1, 2, 3, 5 and 6, Article 6 of this Regulation.

Article 8.-

1. Sea-going ships owned by foreign organizations or individuals may be registered in Vietnam if they satisfy the conditions prescribed in Clauses 1, 2, 3, 5 and 6, Article 6 of this Regulation.

2. Sea-going ships owned by foreign organizations or individuals and hired by Vietnamese enterprises or individuals under bare-boat charter parties or leasing contracts may be registered in Vietnam if they satisfy all the conditions prescribed in Clauses 1, 2, 3, 5 and 6, Article 6 of this Regulation.

Section B. ORDER AND PROCEDURES FOR SEA-GOING SHIP REGISTRATION

Article 9.-

1. All ship-owners are obliged to register their ships at the regional registry of sea-going ships and crews.

2. At the same point of time each sea-going ship is allowed to register at only one registry of sea-going ships and crews.

Article 10.- When filling the registration procedures, a ship-owner shall have to submit and produce the originals (or copies authenticated by competent State agencies) of the following papers:

1. Papers to be submitted (one copy each):

- The application for sea-going ship registration together with the commitment stated in Clause 6, Article 6 of this Regulation;

- The certificate of deletion of the former registration (for a used ship); or the certificate issued by the foreign registry where the ship is registered of the ships temporary discontinuation of its original registration during the period it is leased under a bare-boat charter party or a leasing contract.

- The ships building contract or a contract for the transfer of the ownership over the ship;

- The permit for purchase of the ship issued by a competent State agency (for a ship purchased from abroad);

- The certificate of the ships category; the certificate of the ships seaworthiness and the certificate of the ships tonnage;

- The certificate related to the actual status of the ownership over the ship;

- The certificate of payment of registration fee (if any).

2. Papers to be produced:

- The ships technical safety dossier issued by the registry of shipping;

- The permit for use of the ships radio issued by a competent post agency (if the ship is equipped with a radio receiving and transmitting station);

- Other certificates of the right to use and exploit sea-going ships, issued by the competent State management agency of Vietnam in accordance with the provisions of law;

- The insurance contract for the ship-owners civil liability.

Article 11.-

1. Within 07 days from the date of receipt of the full dossier described in Article 10 of this Regulation, the regional registry of sea-going ships and crews shall complete the procedures for recording the ship into the "regional registration book of sea-going ships" and grant the "sea-going ship registration certificate" (according to the form applicable throughout the country) to the ship owner. In case the registration conditions are not fully met or the dossier applying for ship registration is invalid, it shall promptly inform the ship owner thereof.

2. Not later than 03 days from the date the "ship registration certificate" is granted, the ship shall be recorded in the "national registration book of sea-going ships" of Vietnam.

3. Both the ship-owner and ship-master are obliged to preserve and keep all the time on board the "sea-going ship registration certificate" issued by the registry of sea-going ships and crews. If the "sea-going ship registration certificate" is lost, damaged or has the ships name, callback, technical specifications changed, the ship-owner must fill the procedures for re-issue. The "sea-going ship registration certificate" which is re-issued in the above-mentioned cases must retain the registration number and date recorded in the last certificate.

Article 12.- Right after a sea-going ship is registered, the ship-owner shall be entitled and obliged to fly the Vietnamese flag on board the ship; and, at the same time, paint on the ship its name, the name of the place where the ship is registered and the logo of Vietnamese ships. The logo of Vietnamese ships mentioned in this Article shall comply with the guidances of the registry of sea-going ships and crews.

Section C. CHANGE OF THE SHIPS NAME, RE-REGISTRATION AND CHANGE OF THE PLACE OF REGISTRATION

Article 13.- In case of change of a ships name, the ship-owner shall have to make an application clearly stating the reason. The registry of sea-going ships and crews where the ship is registered shall consider for re-issue of the "sea-going ship registration certificate" not later than 05 days after receiving the valid dossier.

Article 14.-

1. In case of re-registration, the registry of sea-going ships and crews where the ship was previously registered shall base itself on the old dossier and the re-registration application as well as the dossier of the ship-owner to re-issue the "sea-going ship registration certificate".

2. When the ship-owner is replaced under a contract for transfer of the ownership over the ship or the ships registration is moved from one to another registry in Vietnam, the registration order and procedures shall comply with the provisions in Section B, Chapter II of this Regulation.

Section D. PROCEDURES FOR REGISTRATION DELETION

Article 15.-

1. The registration of a Vietnamese sea-going ship shall be automatically deleted from the "national registration book of sea-going ships" in the following cases:

a/ The ship is destroyed or sinks and the agency for investigation of maritime accidents has certified that the ship has virtually lost its seaworthiness;

b/ The ship is considered missing when it has completely lost contact with the ship-owner for a time twice longer than the time necessary for the ship to go from the place where the ship-owner receives the last information from the ship to the destination port under normal circumstances. However, such period of time shall not be less than 30 days or exceed 90 days after receipt of the last information from the ship. In war time, this time limit may be longer but must not exceed 180 days.

c/ The ship is irreparably damaged or uneconomically reparable because the repair cost may exceed the actual value of the ship before the journey or the repair cannot be made on the spot and it is impossible to move the ship to another place for repair;

d/ The ship has no more basis and conditions for bearing Vietnamese nationality under this Regulation;

e/ The ship is no longer a sea-going ship as it has lost its basic technical specifications under current sea-going ship designing and building criteria.

2. The registration of a Vietnamese sea-going ship may be deleted from the "national registration book of sea-going ships" at the proposal of the ship-owner when the ownership transfer is effected or the ship is moved abroad for registration.

Article 16.- The ship-owner shall have to make an application clearly stating the reason for such registration deletion according to the provisions in Article 15 of this Regulation. The regional registry of sea-going ships and crews shall verify the veracity of the application for registration deletion before issuing a "registration deletion certificate" within 07 days after receiving the application; not later than 03 days from the date of issuing such certificate, it has to delete the ships name from the "national registration book of sea-going ships".

Section E. PROCEDURES FOR REGISTERING THE PLEDGE, MORTGAGE AND MARITIME LIEN ON SEA-GOING SHIPS

Article 17.-

1. The order and procedures for the pledge, mortgage of or maritime lien on sea-going ships shall comply with the provisions of Vietnams Maritime Code and relevant provisions of Vietnamese law.

2. The pledge, mortgage of or maritime lien on a sea-going ship must be registered at the regional registry of sea-going ships and crews where such ship is registered and be recorded in the "national registration book of sea-going ships".

3. Once the pledge, mortgage of or maritime lien on a sea-going ship has been registered, the regional registry of sea-going ships and crews where the ship is registered shall issue a certificate of such pledge, mortgage or maritime lien.

Article 18.-

1. In case a ship is pledged, mortgaged or subject to maritime lien, the mortgagor, pledgor or the person requesting maritime lien on the ship shall promptly inform in writing the regional registry of sea-going ships and crews where such ship is registered thereof to record it in the "national registration book of sea-going ships".

2. The pledge, mortgage of or maritime lien on a sea-going ship shall cease to be effective only under the provisions of law or after the pledgor, mortgagor or maritime lienor of the ship requests in writing the cancellation thereof.

3. The order for registering the pledge, mortgage of or maritime lien on a sea-going ship in the "national registration book of sea-going ships" shall serve as the basis for determining the priority order for settling related disputes.

4. Upon a lawful request, the Registry of sea-going ships and crews shall be responsible for supplying the in-formation on the situation of the ownership of the registered ship to the requesting organization or individual.

Article 19.-

1. An organization or individual that wishes to register the pledge, mortgage of or maritime lien on a sea-going ship shall have to submit to the Registry of sea-going ships and crews where the ship is registered the following papers:

- The application for registration of the pledge, mortgage of or maritime lien on the sea-going ship;

- The contract for the mortgage or pledge of the sea-going ship or the document on the maritime lien on the sea-going ship (if there are copies, they must be certified by a competent agency).

2. Within 07 days from the date of receipt of all the papers mentioned in Clause 1 of this Article, the regional Registry of sea-going ships and crews where the ship is registered shall grant the certificate of registration of the pledge, mortgage of or maritime lien on the sea-going ship. In case the regional registry refuses to issue such certificate due to the lack of conditions or has not yet issued it for a plausible reason, it shall have to promptly inform the concerned organization or individual thereof.

3. The registry of sea-going ships and crew shall be entitled to collect fees on the registration of pledge, mortgage or maritime lien according to the regulations of the Ministry of Finance.

Section F. OVERSEAS REGISTRATION OF SEA-GOING SHIPS OWNED BY VIETNAMESE ORGANIZATIONS OR INDIVIDUALS

Article 20.-

1. A sea-going ship owned by a Vietnamese organization having its head office in Vietnam or by a Vietnamese citizen permanently residing in Vietnam may be permitted to be registered abroad if it satisfies the following conditions:

a/ The ship is exploited under a bare-boat charter party or a leasing contract signed between the Vietnamese ship-owner and a foreign organization or individual;

b/ The registration of the ship in a foreign country is approved by a competent agency of such foreign country while the ownership of the Vietnamese ship-owner is retained;

c/ The ship-owner shall have to commit himself to fulfilling all the obligations prescribed by Vietnamese law.

2. The permission for the overseas registration of a sea-going ship owned by a Vietnamese organization or individual shall be decided by the Minister of Communications and Transport or the Minister of Aquatic Resources (if the sea-going ship is used only for the aquatic resources service).

Article 21.-

1. Before registering abroad a ship which has been already registered in Vietnam, the shipowner shall have to make an application for registration deletion or ask for permission to temporarily cease the registration in the "national registration book of sea-going ships".

2. The Registry of sea-going ships and crews where the ship is registered shall delete the registration and grant a "registration deletion certificate" or a "certificate of temporary cessation of registration" to the Vietnamese sea-going ship to be registered abroad and at the same time promptly inform the Registry of sea-going ships and crews so that it deletes the ships name in the "national registration book of sea-going ships".

Article 22.- The application of laws to settling issues related to sea-going ships provided for in Article 20 of this Regulation shall be carried out on the following principles:

1. Vietnamese law shall apply to settling issues related to the ownership of sea-going ships.

2. Laws of the foreign country where the ship is registered shall apply only to settling issues related to the right to use and management of the ship on the basis of the bare-boat charter party or a leasing contract.

Chapter III

Article 23.- Vietnamese sea-going ships shall be allowed to conduct maritime operations according to the registered purposes only when the ships complement is arranged in accordance with the provisions of this Regulation and relevant provisions of Vietnamese law.

Article 24.-

1. Only those Vietnamese citizens who have fitting health conditions and certificates of maritime qualifications under the provisions of Vietnamese law are allowed to work on sea-going ships.

2. Foreign crews are allowed to work on Vietnamese sea-going ships owned by joint venture enterprises with foreign parties in Vietnam, but a total number shall not exceed one-third of the complement of each ship and the ship-captain or assistant ship-captain must be a Vietnamese citizen.

3. Foreign crews mentioned in Clause 2 of this Article must have fitting health conditions and certificates of maritime navigation qualifications under Vietnamese law. The various certificates of maritime navigation qualifications granted to foreign crews by foreign competent agencies shall be recognized only when it is clearly written in such certificates that they are granted under relevant international agreements which Vietnam has signed or acceded to.

Article 25.-

1. The ship-owner shall be responsible for arranging the complement on the ship in accordance with the provisions of law and such complement must be registered at the Registry of sea-going ships and crews where the ship is registered.

2. The Registry of sea-going ships and crews where the ship is registered shall be responsible for inspecting the arrangement of the complement by the ship-owner and fill procedures for registering such complement in the "list of crew" book issued to the ship. If the complement is improperly arranged, it shall have to promptly request the ship-owner to rearrange it in accordance with the provisions of law.

Article 26.-

1. The Registry of sea-going ships and crews shall be responsible for issuing passports to the crews who are Vietnamese citizens working on Vietnamese sea-going ships operating on overseas routes.

2. The dossier applying for a crew members passport includes:

a/ Personal applications for passport;

b/ A brief resume certified by the ship-owner and 2 photos of 4x6 cm size;

c/ Copies of the crew members qualifications certificates certified by a competent State agency;

d/ The decision of the ship-owner to appoint the crew member to work on board the ship operating on overseas routes.

3. The ship-owner shall be fully responsible for his/her decisions to appoint crew members to work on the ship operating on overseas routes.

Article 27.- The valid duration of a crew members passport shall be written in the passport. The extension of the passport, change of the ships name and the crew members title written in the passport shall be effected by the Registry of sea-going ships and crews where the ship is registered on the basis of the ship-owners decision to transfer (or change the title of) the crew member.

2. The use and preservation of the crews passports shall comply with the provisions of law.

3. Only the ship-owner, crew and organizations that hire crews in Vietnam may apply for crews passports.

Article 28.- The Ministry of Aquatic Resources shall provide for the procedures for registration of the crew working on sea-going ships which are used only in the aquatic resources service.

Chapter IV

Article 29.- All violations of the regulations on the registration of sea-going ships and crews provided for in this Regulation shall be handled in accordance with the provisions of law.

2. All complaints and denunciations of organizations and individuals related to violations of the regulations on the registration of sea-going ships and crews provided for in this Regulation shall be settled in accordance with the provisions of law.