SEA-GOING VESSEL

Section A: VIETNAMESE SEA-GOING VESSEL

Article 8  

Only Vietnamese sea-going vessels are permitted to sail under the Vietnamese flag.

A Vietnamese sea-going is a vessel owned by the Vietnamese State, by a Vietnamese organization having its principal place of business in Vietnam and by a Vietnamese citizen resident in Vietnam or owned by a foreign citizen, which is permitted to register in Vietnam.

A Vietnamese sea-going vessel is entitled and bound to fly the Vietnamese flag after having been registered in the Vietnam National Registry Book of Ships or after having obtained the Provisional Certificate of Nationality issued by the authorized diplomatic representative or consulate of Vietnam abroad.

Article 9

Priority is granted to Vietnamese sea-going vessels in the carriage of cargo and of passengers and luggage between Vietnamese sea ports. Foreign sea-going vessel may be permitted to perform this carriage only when it is approved by the Minister of Transport and Communications.

The Council of Ministers shall define scope of activities of the Vietnamese sea-going vessels owned by Vietnamese individuals.

Article 10

A Vietnamese sea-going vessel is named by her owner. The name is subject to the approval of the Registrar of Vietnamese individuals.

Article 11

A ship owner is the person who owns ship. Ship owners are entitled to fly their house flag.

Article 12

Vietnamese sea-going vessels are subject to the obligations of being entered in the Vietnam National Registry Book of ships.

The registration of ships in Vietnam is public and against the payment of a certain fee and made by the Registrar of Vietnamese ships. Persons interested may demand certified abstracts from, and copies of entries in the Vietnam National Registry Book of ships.

The Council of Ministers shall define cases when Vietnamese owned sea-going vessels are permitted to enter in foreign country and foreign owned sea-going vessels-in Vietnam.

The Council of Ministers shall designate the authorities competent to the registration of ships in Vietnam; the principles and procedures in registration of ships and administrative penalties on violations in registration of ships in Vietnam.

Article 13

Sea-going vessels may be entered in the Vietnam National Registry Book of ships only after having been removed from the foreign countries registrar of ships and having been examined in technical characteristics, classified, measured tonnage and granted the necessary certificates issued by the Vietnam Register of Shipping or by its authorized foreign countries register of shipping.

Article 14

The following date are entered in the Vietnam National Registry Book of ships:

• The name of the vessel and the full style and principal place of business of the ship owner, international signal letters as well as the kind and appropriation of the vessel;

• The serial registration number of the vessel and the date of entry;

• The year and place of construction and the shipyard;

• The technical characteristics of the vessel;

• The vessels minimum complement;

• The title to the ownership of the vessel and its relevant changes;

• The ground for, and the date of, the vessels deletion from the registration.

Every change in the date entered in the registration of ships stipulated in item 1 of this Article is also subject to the entry in the National Registry Book of ships.

The data entered in the National Registry Book of ships shall constitute legal evidences for the interested parties.

After the completion of the procedures for registration the ship shall receive constitute evidence of Vietnamese nationality of the ship.

Article 15

A Vietnamese sea-going vessel is naturally removed from the Vietnam National Registry Book of ships if she has:

• Been destroyed or sunk;

• Been missing;

• Been found unfit for repairs or not worth repairing economically;

• Lost her grounds to sail under the Vietnamese national flag;

• Lost her characteristics of a sea-going vessel.

In cases covered by points c. and e. of item 1 of this Article when a sea-going vessel has been mortgaged, hypothecated or liened the official removal from the register of ships may be effected only with the consent of the creditor.

The removal of a Vietnamese sea-going vessel from the register of ships shall be effected on the basis of application made by her owner.

Article 16

The application procedures for registration must be made by shipowners latest within sixty days from the date when the vessel arrived at the first Vietnamese port.

The prompt and exact information on any occurrence and act incident to a sea-going vessel must be circulated by her owner to the Registrar of Vietnamese ships.