Circular No. 12/2011/TT-BGTVT providing for the grant and revocation of the certificate of insurance or financial security under the 1992 International Convention on Civil Liability for Oil Pollution Damage

Issue nos04-06/May 2011 (Cong Baonos 225.2261Apn! 26,2011) 711£ MINISTRY' OF 7RANSPORT Circular No. 12/20111TT-BGTVT of March 30, 2011, providing for the grant and revocation of the certificate of insurance or financial security under the 1992 International Convention on Civil Liability for Oil Pollution Damage Pursuant to the June 14, 2005 s/ietnam Maritime Code; Pursuant to the Government's Decree No. 511 2008/ND-CP of April 22, 2008, defunng the [unctions, rusks. powe rs and organircuional structure ofthe Ministry of Transport: PUTSlWIl[ [0 rile /992 tnt e rnurio n al Convention on Civil Uabilitv/or Oil Pollution Uuuiagc, 10 whicli vietnam is u contracting port»; The Minister of Transport provides for tlse grant ant] revocation {~lthe certifi catc of iJlsunlllce or [uuuiciu! sccuritv under the 1992 31 lnternationa! COII\'Cl/liO!l 011 Civil Liability/or Oil Pollution Dmnag» {IS Pillows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Circular provides for the competence, order and procedures for the grant and revocation of the certificate of insurance or financial security for civil liability for oil pollution damage under the 1992 International CUIIVl:lltIOIl 011 Civil Liability 101- Oil Pollution Damage (below referred to as the 1992 CLC). Article 2. Subjects of application This Circular applies to Vietnamese and foreign organizations and individuals involved in the grant and revocation of the certificate of insurance or financial security for civil liability for oi I pollution damage under tne 1992 CLC. Chapter II PROCEDURES FOR GRANT AND REVOCAnON OF THE CERTrFlCATE OF INSURANCE OR HNANCIAL SECURITY FOR CIVIL LlABILITY FOR OlL POLLUTrON DAMAGE Article 3. Certificate of insurance or financial security for civil liability for oil pollution damage I. The certificate of insurance or financial security for civil liability for oil pollution damage (below referred to as the certificate) is granted by the national or regional ~l'agningship registration agencies (below referred to as seagoing ship registries) specified in Article 10 oflhis Circular to attest that tile insurance poncy or other financial security for a seagoing ship is 32 in force in compliance with Article VII of the 1992eLL. 2. The validity duration of a certificate granted to a seagoing shir corresponds to the period stated in the insurance policy or the financial security certificate of such ship. 3. The uriginal certificate shall be granted to the ship owner while its copy shall be kept at the seagoing ship registry. Article 4. Subjects to be granted a certificate Vietnamese seagoing ships and seagoing ships under foreign tlags carrying more than 2,000 tons of oil in bulk will be granted certi fieates, Article 5. Conditions for the grant of a certificate Seagoing ships defined in Article 4 of this Circular must obtain an insurance policy or other financial security for civil liability for oil pollution damage under the 1992 CLC Convention. Article 6. Dossiers of application for a certificate 1. A dossier of application for a certificate comprises: aJ An application of the ship owner. made according to the form provided in Appendix [ to this Circular [not prin ted herein); bl The original insurance policy or financial security certificate in compl iancc wit]: the 1992 CLC: in case the insurance policy is reinsured. the ship owner shall also submit the original certificate of reinsurance issued by the relevant reinsurer. In case the insurance policy. certificate of financial security or certificate of reinsurance Issue nos M·OB/May 2011 (G6ng Baonos 225-226/Apn/26. 2011) for the ship owner's civil liability is issued electronically. the ship owner shall provide the urricia! and lawful website address otthc issuer for examination; c/ A copy of thesca~Ynin[Y ship reE~islr;Jtion certificate. 2. The ship owner shall submit l dossier set. Article 7. Methods of submitting dossiers Ship owners may sub mit t he ir d ossic rs directly or by post to seagoing ship registries. Adh:lc 8. Se.que nc e of rcc e iv iug anJ handling dossiers I A ship owner ..,hall submit the dossier directly or by post to a seag,oing ship reg'lstry. 2. Responsibility of the seagoing ship registry: a/ In case of direct submission: The seagoing ship registry shall receive and check the dossier accord ing to regulations, nuke an entry in the incoming-mail book and give a written appointment to receive the reply within the time limit specified in Article 9 of this Circular; b! In c a s c of sub mi s s i on by post: The seagoing ship registry shall receive and check the dossier according to regulations and record the date of dossier receipt indicated in the postmark in the incoming-mail book. The date of recording the dossier rcceipt 'In the incnrning­ mail book shall serve as the basis for determining the deadline for the grant of the certificate according ro regulations; cl For invalid dossiers: In case the dossier is submitted directly the seJgnin[ ship n~['isrry shall guide the ship owner in completing the dossier according to regulations; in case the dossier is sent by pOSt, within 2 working days after receiving the dossier. the seagoing ship Issue nos 04-06JMay' 2011 (Cong Beo nos 225~226/ApriI26. 2011) registry shall make a written reply. requesting the ship owner to supplement and complete the dossier; dl In (".'ISC the dossier is unqualified as p rcsc ri bc d , within 3 working days uftcr receiving the dossier, the seagoing ship registry shall make a written reply. clearly stating the reason. Article 9. Time limit for the grant of a certi ficatc Within 3 working days after receiving a complete dossier i.lccorJing to regulations. the seagoing ship registry shall grant a certificate according 10 the form provided in Appendix II tn this Circular (/101 primed herein). Article 10. Certificate-granting agencies Agencies competent to grant certificates are national and regional seagoing ship registries. specifically as 1"0110w5: I. The national seagoing ship registry is the Vietnam Maritime Administration. 2. Regional seagoing ship registries. including: al Maritime Administration of Hill Phong City: b/ Marit irne Admluisirauon uf Hu Chi Miul, City; cl Da Nang Port Authority. Article 11. Revocation of a ccrti ficatc A ccrrificutc shall be revoked in any of the following cases; I. The certificate holder forges. modifies or crases the certificate, leading to a change in its contents; 2. 111e certificate holder sells. buys. teases or borrows the ccrtificute: 33 3. The certi (icatc holder deliberately declares false information or modifies or forges papers included In the dossier 01 application tor a certi Iicate. Article 12. Fee for grant 01 a certificate The fee for grant of a certificate complies with the Ministry of Fmance and is paid to seagoing ship registries before a certificate is handed over. Chapter l!I ORGANIZATION OF IMPLEMENTATION Article 13. Responsibilities of the Vietnam Maru irne AdminisHafion and concerned organizations and individuals l , The Vietnam Maritime Administration shall assume the prime responsibility for. and coordinate with c onccrne d agencies in. implementing this Circular. 2. Ship owners and concerned organizations and individuals ~ihllil implement this Circular and the 1992 CLC Article 14. Effect This Circular takes effect on June L 2011. Article 15. Organization ofimplementation The directors of the Office and the l nspect orutc of the: Ministry of Transport, directors of departments. the director of the Vietnam Maritime Administration. directors of regional maritime administrations. the director of Da Nang port authority. heads of concerned agencies and units and concerned individuals shall implement this Circular> Minister (II' 7i-((II.\f!m( IIO N(IHIA DUNG