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Registration of seagoing vessels

Section 2. REGISTRATION OF SEAGOING VESSELS

Article 14. – Principles for registration of seagoing vessels
1. The registration of Vietnamese seagoing vessels shall abide by the following principles:
a. Seagoing vessels owned by Vietnamese organizations or individuals shall be entitled to registration in the Vietnam National Register of Ships, including registration of flying the Vietnamese flag and registration of ownership thereof.
Seagoing vessels owned by foreign organizations or individuals and satisfying all conditions stated in Article 16 of this Code may be entered into the Vietnam National Register of Ships. Registration of a Vietnamese seagoing vessel includes registration of flying the Vietnamese flag and registration of ownership thereof or only registration of flying the Vietnamese flag.
Foreign seagoing vessels chartered by Vietnamese organizations or individuals in the form of bareboat charter or hire-purchase charter may be registered to fly the Vietnamese flag.
b. Seagoing vessels which have been registered abroad must not be registered to fly the Vietnamese flag, unless their old registration has been suspended or deleted.
c. The registration of Vietnamese seagoing vessels is effected by the Vietnam Registry of Shipping in public manner and subject to the payment of a fee; organizations and individuals may request the grant of certified extracts from or copies of entries in the Vietnam National Register of Ships, for which they have to pay a fee.
2. Seagoing vessels owned by Vietnamese organizations or individuals may be registered to fly a foreign flag.

Article 15. – Kinds of seagoing vessels subject to registration
1. The following kinds of seagoing vessels must be registered in the Vietnam National Register of Ships:
a. Self – propelled seagoing vessels with main engine capacity of 75kW or more;
b. Non-self-propelled seagoing vessels, with total capacity of 50GT or more, or a tonnage of 100 tons or more, or a designed load waterline length of 20 meters or more;
c. Seagoing vessels smaller than those specified at Points a and b of this Clause but operating on foreign routes.
2. The registration of seagoing vessels other than those specified in Clause 1 of this Article shall be stipulated by the Government.

Article 16. – Conditions for registration of Vietnamese seagoing vessels
1. To be entered into the Vietnam National Register of Ships, seagoing vessels must satisfy the following conditions:
a. Having lawful paper evidencing ownership of seagoing vessels;
b. Having certificates of tonnage, certificates of class of seagoing vessels;
c. Having proper names approved by the Vietnam Registry of Shipping;
d. Having certificates of suspension or deletion of registration, for seagoing vessels registered abroad;
e. Shipowners having head offices, branches or representative offices in Vietnam
f. Used foreign seagoing vessels applying for first-time registration or re-registration in Vietnam must have their age suitable to each type of seagoing vessels as stipulated by the Government;
g. Having paid a charge or fee as provided for by law.
2. Foreign seagoing vessels chartered by Vietnamese organizations or individuals in the form of bareboat charter or hire purchase, when applying for registration to fly the Vietnamese flag, must, apart from meeting the conditions specified at Points a, b, c, d, f and g, Clause 1 of this Article, have bareboat charters or hire-purchase contracts.

Article 17. – Responsibilities of shipowners for registering seagoing vessels in Vietnam
1. Shipowners shall have to fully supply papers and fully and accurately declare the contents relating to seagoing vessel registration specified in Articles 16 and 19 of this Code to the Vietnam Registry of Shipping.
2. In case of seagoing vessels newly built, purchased by, presented to or inherited by Vietnamese organizations or individuals, shipwoners shall have to register them within sixty days after receiving the vessels in Vietnam or, for seagoing vessels received abroad, after taking them to the first Vietnamese seaport.
3. Shipowners shall have to pay a seagoing vessel registration fee according to the provisiosn of law.
4. After completing the registration, shipowners shall be granted certificates of registration of Vietnamese seagoing vessels, which shall constitute proof of the seagoing vessels’ flying the Vietnamese flag and ownership status.
5. Any changes of ships relating to the contents entered into the Vietnam National Register of Ships must be informed by their owners in an accurate, full and timely manner to the Vietnam Registry of Shipping.
6. The provisions of this Article shall apply to Vietnamese organizations and individuals that bareboat charter or hire-purchase a vessel.

Article 18. – Registration of seagoing vessels in course of building
1. Owners of seagoing vessels in course of building may have such vessels entered into the Vietnam National Register of Ships and receive certificates of registration of seagoing vessels in course of building. These certificates shall not be valid for substituting certificates of registration of Vietnamese seagoing vessels.
2. To be entered into the Vietnam National Register of Ships, seagoing vessels in course of building must fully satisfy the following conditions:
a. Having shipbuilding contracts or contracts of purchase and sale of seagoing vessels in course of building;
b. Having proper names approved by the Vietnam Registry of Shipping;
c. Having keel-setting.

Article 19. – Basic data of the Vietnam National Register of Ships
1. The Vietnam National Register of Ships contains the following basic data:
a. The old name and new name of the vessel; the name and address of the head office of the shipowner; the name and address of the foreign shipowner’s branch or representative office in Vietnam; the name and address of the head office of the bareboat charterer or hire-purchaser applying for registration; the name of the ship operator, if any; the kind and use purpose of the vessel;
b. The port of registration;
c. The registration serial number;
d. The time of registration;
e. The year and place of building;
f. The principle technical parameters of the vessel;
g. The ownership status of the vessel and any related changes;
h. The time of and the ground for vessel’s registration suspension or deletion.
2. Every change in the registration date stipulated in Clause 1 of this Article must be entered into the Vietnam National Register of Ships.

Article 20. – Deletion of registration of Vietnamese seagoing vessels
1. Vietnamese seagoing vessels shall have their registration deleted from the Vietnam National Register of Ships in the following cases:
a. Having been destroyed or sunk irrecoverably;
b. Having been missing;
c. Having no longer met all conditions for flying the Vietnamese flag;
d. Having lost the characteristics of a seagoing vessel;
e. At the request of their owners or registrants.
2. In cases specified at Points d and e, Clause 1 of this Article, when a seagoing vessel has been mortgaged, the deletion of registration of the Vietnamese seagoing vessel may be effected only with the consent of the mortgage of such vessel.
3. Upon deletion of registration of a seagoing vessel or a seagoing vessel in course of building from the Vietnam National Register of Ships, the Vietnam Registry of Shipping shall withdraw the certificates of registration of Vietnamese seagoing vessels or seagoing vessels in course of building and grant certificates of deletion of registration.

Article 21. – Detailed provisions on registration of seagoing vessels
The Government shall provide in detail for the organization and operation of the Vietnam Registry of Shipping; order and procedures for registration of seagoing vessels in Vietnam; cases of seagoing vessels owned by Vietnamese organizations or individuals entitled to registration to fly foreign flags; and cases of seagoing vessels owned by foreign organizations or individuals entitled to registration to fly the Vietnamese flag.

Article 22. – Registration of public-duty vessels
Public-duty vessels are seagoing vessels exclusively used for the performance of public duties for non-commercial purposes.The provisions of this Section shall apply to the registration of public-duty vessels.