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Procedures for the arrest of seagoing ships or release of seagoing ships from arrest to provide mutu

Chapter V
PROCEDURES FOR THE ARREST OF SEAGOING SHIPS OR RELEASE OF SEAGOING SHIPS FROM ARREST TO PROVIDE MUTUAL LEGAL ASSISTANCE


Section 1. Giving of jurisdiction to foreign courts to arrest seagoing ships

Article 56:- Giving of jurisdiction to foreign courts to arrest seagoing ships
1. In the course of handling a case at a court or settling a dispute at an arbitration center, if there is an application for the arrest of a seagoing ship, a competent Vietnamese court defined in Clause 2, Article 3 of this Ordinance may give jurisdiction to a competent foreign court to arrest that seagoing ship.
2. Vietnamese courts shall give jurisdiction to foreign courts to arrest seagoing ships under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party, or on the principle of reciprocity.

Article 57:- Documents to give jurisdiction
A document to give jurisdiction to arrest a seagoing ship contains the following principal details:
1. Date and place of making;
2. Name and address of Vietnamese court giving the jurisdiction;
3. Name and address of foreign court to exercise the given jurisdiction;
4. Name, nationality, IMO number, tonnage and other specifications of the seagoing ships the arrest of which is applied for; seaport where the seagoing ship operating;
5. Name, address and nationality of the ship owner;
6. Name, address and nationality of the ship charterer and operator;
7. Reason for the giving of jurisdiction to arrest the seagoing ship;
8. Period of the arrest;
9. Party liable for loss or damage caused by the wrongful application for the arrest of the seagoing ship.

Article 58:- Procedures for the giving of jurisdiction to arrest seagoing ships
1. Competent Vietnamese courts that give jurisdiction to competent foreign courts to arrest seagoing ships shall make and send jurisdiction-giving dossiers to the Vietnamese Justice Ministry. A jurisdiction-giving dossier must consist of the following documents:
a. The competent Vietnamese court’s written request for the giving of jurisdiction to arrest a seagoing ship;
b. Document to give jurisdiction to arrest a seagoing ship;
c. Other papers requested by the competent court of the foreign country given with jurisdiction.
2. Within ten working days after receiving a dossier of giving of jurisdiction to arrest a seagoing ship, the Justice Ministry shall record it in the jurisdiction giving book, inspect the legality of the dossier and transfer it to a competent court of a foreign country under a treaty to which the Socialist Republic of Vietnam and that foreign country are contracting parties or through the diplomatic channel. In case of an invalid dossier, the Justice Ministry shall return it to the court that has made it, clearly stating the reason.
3. Within five working days after receiving competent foreign courts’ written notices of results of exercise of the given jurisdiction, the Justice Ministry shall forward these notices to competent Vietnamese courts that have sent dossiers of giving of jurisdiction to arrest seagoing ships.


Section 2. Exercise of jurisdiction given by foreign courts to arrest seagoing ships

Article 59:- Principle of mutual legal assistance in respect of seagoing ships
1. Mutual legal assistance in respect of arrest of seagoing  ships between Vietnamese courts and foreign courts shall be provided on the principles of mutual respect for independence, sovereignty and national territorial integrity, non-interference in internal affairs, equality and mutual benefit, and in compliance with treaties to which the Socialist Republic of Vietnam is a contracting party and Vietnamese law.
2. If the Socialist Republic of Vietnam and a foreign country have neither concluded a bilateral agreement nor acceded to a treaty containing provisions on mutual legal assistance in respect of arrest of seagoing ships, the mutual legal assistance in respect of arrest of seagoing ships may be accepted by Vietnamese courts on the principle of reciprocity, provided it is not contrary to Vietnamese law and international law and practice.

Article 60:- Principles of exercise of given jurisdiction to arrest seagoing ships
1. Vietnamese courts shall exercise the jurisdiction given by foreign courts to arrest seagoing ships under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.
2. Vietnamese courts may refuse to exercise the jurisdiction given by foreign courts to arrest seagoing ships in the following cases:
a. The exercise of the jurisdiction to arrest seagoing ships infringes upon the sovereignty or is detrimental to Vietnam’s security;
b. The exercise of the jurisdiction to arrest seagoing ships falls beyond the competence of Vietnamese courts.

Article 61:- Procedures for the giving of jurisdiction to arrest seagoing ships
1. The giving by foreign courts to Vietnamese courts of jurisdiction to arrest seagoing ships must be established in documents to be sent to the Vietnamese Justice Ministry under treaties to which the Socialist Republic of Vietnam is a contracting party or under Vietnamese law.
2. Upon receiving documents on the giving of jurisdiction to arrest seagoing ships, the Vietnamese Justice Ministry shall immediately forward them to Vietnamese courts competent to arrest seagoing ships specified in Clause 1, Article 3 of this Ordinance.

Article 62:- Documents to give Jurisdiction to arrest seagoing ships
A document to give jurisdiction to arrest a seagoing ship contains the following principal details:
1. Date and place of making
2. Name and address of the foreign court giving the jurisdiction;
3. Name and address of the Vietnamese court to exercise the given jurisdiction;
4. Name, nationality, IMO number, tonnage and other specifications of the seagoing ships the arrest of which is applied for; seaport where the seagoing ship is operating;
5. Name, address and nationality of the ship owner;
6. Name, address and nationality of the ship charterer or operator;
7. Reason for the giving of jurisdiction to arrest the seagoing ship;
8. Period of the arrest;
9. Party liable for loss or damage caused by the wrongful application for the arrest of the seagoing ship.

Article 63:- Receipt of documents to give jurisdiction to arrest seagoing ships
1. Upon receiving documents to give jurisdiction to arrest seagoing ships and enclosed documents and evidence, the Vietnamese Justice Ministry shall record their receipt in document receipt books and send written notices of transfer of the documents and enclosed documents and evidence to courts competent to decide to arrest seagoing ships specified in Clause 1, Article 3 of this Ordinance.
2. Upon receiving documents to give jurisdiction to arrest seagoing ships and enclosed documents and evidence, courts competent to decide to arrest seagoing ships specified in Clause 1, Article 3 of this Ordinance shall record their receipt in application receipt books. Court presidents shall immediate assign a judge to handle documents to give jurisdiction to arrest seagoing ships.

Article 64:- Examination of documents to give jurisdiction to arrest seagoing ships
1. Within forty eight hours after the receipt of a document to give jurisdiction to arrest a seagoing ship and enclosed documents and evidence, a judge shall examine it and make one of the following decisions:
a. To accept the document if finding that it adheres to the principles of mutual legal assistance and exercise of given jurisdiction to arrest seagoing ships;
b. To return the document if finding that it violates the principles of mutual legal assistance or the principles of exercise of given jurisdiction to arrest seagoing ships, or if the handling of this document falls beyond the competence of his/her court.
2. If deciding to return documents to give jurisdiction to arrest seagoing ships, courts shall immediately send their decisions together with these documents and enclosed documents and evidence to the Vietnamese Justice Ministry for notification to foreign courts.

Article 65:- Decisions to arrest seagoing ships under jurisdiction given by foreign courts
1. Judges shall issue decisions to arrest seagoing ships under the jurisdiction given by foreign courts right after applicants for the arrest of seagoing ships produce receipts or documents evidencing that they have furnished the financial security for their applications specified in Clauses 1 and 2, Article 5, and paid an arrest fee specified in Article 6 of this Ordinance in Vietnam, unless otherwise provided for by a treaty to which the Socialist Republic of Vietnam is a contracting party.
2. A decision to arrest a seagoing ship under the jurisdiction given by a foreign court must contain the following principal details:
a. Date of issuance;
b. Name of the decision-issuing Vietnamese court;
c. Name of the jurisdiction-giving foreign court;
d. Name, address and nationality of the applicant for the arrest of the seagoing ship under the jurisdiction given by the foreign court;
e. Reason for the application for the arrest of the seagoing ship;
f. Name, nationality, IMO number, tonnage and other specifications of the seagoing ship the arrest of which is applied for; seaport where the seagoing ship is operating;
g. Name, address and nationality of the ship owner;
h. Name, address and nationality of the shipmaster;
i. Name, address and nationality of the ship charterer or operator;
j. Assessment by the court and legal grounds for the acceptance of the document to give jurisdiction to arrest the seagoing ship;
k. Decisions of the court.
3. Decisions to arrest seagoing ships under the jurisdiction given by foreign courts take immediate effect even in case of complaints or protests.
4. The court shall hand two copies of the decision to arrest a seagoing ship under the jurisdiction given by a foreign court to the port authority director for execution under Article 9 of this Ordinance; and promptly send the decision to the Justice Ministry and the Procuracy of the same level.Article 66:- Complaints or protests about decisions to arrest seagoing ships under the jurisdiction given by foreign courts, and the settlement thereof
1. Shipmasters, shipowners, charterers or operators may lodge written complaints with court presidents about decisions to arrest seagoing ships under the jurisdiction given by foreign courts. The time limit for lodging a complaint is forty eight hours after the shipmaster receives the court decision.
The procuracy of the same level may lodge written protests with the court president about decisions to arrest seagoing ships under the jurisdiction given by foreign courts. The time limit for lodging a protest is forty eight hours after the Procuracy of the same level receives the court decision.
2. Within forty eight hours after receiving a written complaint or protest about a decision to arrest a seagoing ship under the jurisdiction given by a foreign court, the court president shall consider and settle it and make one of the following decisions:
a. To uphold the decision;
b. To cancel the decision.
3. Court presidents’ decisions to settle complaints or protests are final.

Article 67:- Grounds for release of seagoing ships from arrest under given jurisdiction
A seagoing ship arrested under the jurisdiction given by a foreign court shall be promptly released upon the existence of any of the following grounds:
1. Cancellation of the decision to arrest the seagoing ship;
2. Expiration of the period of the arrest under a court decision;
3. Request of the foreign court that has given the jurisdiction to arrest the seagoing ship.

Article 68:- Requests for the release of seagoing ships from arrest under given jurisdiction.
1. Upon the existence of any of the grounds, specified in Clause 3, Article 67 of this Ordinance, foreign courts shall request in writing the release of seagoing ships from arrest. A written request for the release of a seagoing ship from arrest under given jurisdiction must have the following principal details:
a. Date of making;
b. Name, address of the foreign court requesting the release of the seagoing ship from arrest;
c. Name of the request-receiving Vietnamese court;
d. Name, nationality, IMO number, tonnage and other specifications of the seagoing ship under arrest; seaport where the seagoing ship under arrest is operating;
e. Number and date of the decision to arrest the seagoing ship and the decision-issuing court;
f. Reason for the requested release of the seagoing ship from arrest;

Article 69:- Sending of written requests for the release of seagoing ships from arrest under given jurisdiction
Foreign courts shall send their written requests for the release of seagoing ships from arrest under the jurisdiction given by them and enclosed documents and evidence to the Vietnamese Justice Ministry for subsequent transfer thereof to courts that have issued decisions to arrest these seagoing ships.

Article 70:- Decisions to release seagoing ships from arrest under given jurisdiction
1. Upon receiving a written request for the release of a seagoing ship from arrest under given jurisdiction, the court president shall assign a judge to proceed with the release of the seagoing ship.
2. Within twenty four hours after receiving a written request for the release of a seagoing ship from arrest under given jurisdiction and enclosed documents and evidence, if considering that request is grounded, the judge assigned to proceed with the release of the seagoing ship shall consider and issue a decision to release the seagoing ship. In case of non-acceptance for the reason that the request is groundless, the judge shall notify such in writing to the release requester, clearly stating the reason for non-acceptance of the release request.
3. A decision to release a seagoing ship from arrest under given jurisdiction must have the following principal details:
a. Date of issuance;
b. Name of the decision-issuing Vietnamese court;
c. Legal grounds for the court to issue the decision;
d. Name, nationality, IMO number, tonnage and other specifications of the seagoing ship to be released from arrest; port where the seagoing ship is to be released from arrest;
e. Name, address and nationality of the ship owner;
f. Name, address and nationality of the ship charterer or operator;
g. Name, address and nationality of the shipmaster;
h. Reason for the release of the ship from arrest;
i. Decisions of the court.
4. Decisions to release seagoing ships from arrest under the jurisdiction given by foreign courts take immediate effect.
5. The court shall hand two copies of the decision on the release of a seagoing ship from arrest under the jurisdiction given by a foreign court to the port authority director for execution under Article 9 of this Ordinance; and promptly send the decision to the Justice Ministry and the procuracy of the same level.