Decree No. 77/2011/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 29/2009/ND-CP of 26 March 2009, on seagoing ship registration, purchase and sale

8 Part I. LEGAL DOCUMENTS THE GOVERNMENT Decree No. 77/2011lND-CP of September 1, 2011, amending and supplementing a number of articles of the Government's Decree No. 29120091 ND-CP of March 26, 2009, on seagoing ship registration, purchase and sale TilE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization ofthe Government; PIlrs IIaIII to the vietnam Maritime Code ol JUlie 14, 2()05: At the proposal ofthe Minister ojTransport, DECREES: Chapter I GeNERAL PR.OVISlONS Article 1. To amend and supplement a number of articles of the Government's Decree No, 29/2009/ND-CP of March 26, 2009, on seagoing ship registration, purchase and sale, with the following contents: 1. To add the following Clause 8 to Article 3: "8, Valid dossier is a dossier comprising all papers as required in this Decree and other relevant laws." 2. To amend Article 11 as follows: Issue nos03·0S/September 2011 (Gong Baanos 501-502/September 15,2011) "Article 11. Vietnamese ship registration procedures J. Vietnamese ship registration certificate. aJ Vietnamese ship registration certificates shall he granted to seagoing ships satisfying all conditions and registered in the national ship register according to the order and procedures stated in this Decree. bl A Vietnamese ship registration certificate is valid from the date of its grant to the date of deregistration of the ship concerned. cl For each registration certificate, I (one) original shall he granted. 2. Grantees: Owners of registered ships. 3. A Vietnamese ship registration dossier comprises: aJ The ship registration declaration, made according to the form provided in Appendix I to this Decree. bl The original dcregistration or registration suspe nsion certificate, for used ships, or the ship test and handover record, for newly bui It ships. cl Tile orig i na l :ship pu i chu sc and sale contract or ship building contract or other proofs of equivalent legal validity of the ownership of the ship, ellThe ship tonnage certificate (a notarized copy or a copy and the original for comparison). el The ship classification certificate (a notarized copy or a copy and the original for comparison). U Documents provrng the payment of registration fee according to regulations: 1 set c o rnpr is i ng the or i g i na l registration fee Issue nos03-0S/September 2011 (Gong Beo nos 501-502lSeptember 15, 2011) declaration hearing the tax office's certification, and the original document 011 payment of registration fee to the state budget. For seagoing ships not liable to registration fee, to submit the original registration fee declaration bearing the tax office's certi fication. gl The business registration certificate or permit for setting up a branch or representative office in Vietnam (a notarized copy or a copy and the original for comparison). hi A copy of the identity card or the original residence certificate bearing the commune police's certification (for ship owners being Vietnamese). 4. Dossier quantity, method and places of submission: One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies: Hai Phong regional ship registration agency at the Hai Phong City Maritime Administration at No. 11, Vo Thi SeW avenue, Hong Bang district, Hai Phong city. ~ Sai Gon regional ship registration agency at the Ho Chi Minh City Maritime Adrrnnistration at No. Xl), Pasteur avenue, district T, Ho Chi Minh City. Del N ung regional ship registration elgency at the Da Nang Port Authority at No. 12, Bach Dang avenue, Hai Chau district. Da Nang city. 5. Dossier handling process: al The rcgional ship re gj strut ion <lgency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit. 9 hi If a dOSSIer is invalid, within J working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree. (1 Time limi t fur grant of Vietnamese ship registration certificates: Within3 working days after receiving a complete dossier, the regional ship registration agency shall gratu a ship regi stration certificate, made according to the form provided in Appcndix II to th~Decree. 7.Certificate-granting agencies are regional ship registration agencies. 8. Registration fee shall be paid according to regulutions of the Ministry of Finance to the regional ship registration agency before receiving the result. 9. Return of result: directly at the regional ship registration agency or by post. 3. To add the following Article lIa: "Article Ita. Vietnamese ship definite registration procedures 1. Vietnamese ship definite registration certificate. aJ The definite registration period shall be recorded in the registration ccnificaje, which i s correspondi ng to the term of the ~ip hire purchase contract or bare-boat charter contract or as requested by the ship owner. b/ For each definite registration certi ficatc, 1 (one) original shall be granted. 2. Grantees: Owners of registered ships. 3. A Vietnamese ship definite registration dossier comprises: 10 For ship owners being Vietnamese organizations or individuals hire-purchasing or chartc ring ships' a/ The ship registration declaration, made according to the form provided ill Appendix I to this Decree. b/ The ship tonnage certificate (a notarized copy or a copy and the original for comparison). c/ The ship classification certificate (a notarized copy or a copy and the original for comparison); df The business registration certificate or permit for setting up a branch or reprcscntati ve office in Vietnam (a notarized copy or a copy and the original for comparison). e/ The ship derc gj stration or rf'gistrarion suspension certificate (a notarized copy or a copy and the original for comparison). f/ Theoriginal ship hire-purchase contract or bare-boat charter contract g/ Tl1eship handover record (a notarized copy or a~9IJY and the original for comparison). For foreign ship owners, a dossier comprises papers mentioned at Points a, b, c and e of this Clause, a. notar izc.d copy (or il copy and the original for comparison) ofthe permit for setting up a branch or representative office in Vietnam; the original document proving the ownership of the ship to be registered; documents proving the payment of regi stration fee according to regulations, including the original registration fee declaration bearing the tax office's certification and the original document on the payment of registration fee to the state budget; for seagoing ships not liable to registration fee, Issue nos03·05/Sept~mber 2011 (Gong Bao nos 501-502JSeptember 15, 2011) to sub m it the original rc g i s nat i on Ie e declaration bcari ng the tax office's certification. 4. Dossier quantity. method and places of submission: One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies: Hai Phong regional ship registration agency at the Hai Phong City Maritime Administration at No. 11, Vo Thi Sau avenue, Hong Bang district, Hai Phong city. Sai Gon regional ship regrstratron agency at the Ho Chi Minh City Maritime Administration at No. gO. Pa ste ur aVt'1l11C district 1, Ho Chi Minh city. Da Nang regional ship registration agency at the Da Nang Port Authority at No. 11, Bach Dang avenue, Hai Chau district, Da Nang city. S. Dossier receipt and handling process: al The regional ship registration agency receives a dossier, checks its validity, records it in a hook and issues a slip of appointment to return the result within the prescribed time limit. bl If a dossier is invalid, within 3 working days after receiving it , the regiunal s h i p registration agency shall guide the dossier completion as required in this Decree. CJ. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall grant a ship registration certificate, made according to the form provided inAppendix III to this Decree. 7. Certificate-granting agencies are regional Issue nos 03-05lSeptember 2011 OFFICIAL GAZETTE (Cong Beo nos 501-502!September 15 2011) 11 8 Registration fcc shall he paid according lU IcgulaliuJI:-- uftllc Miuisuy of lin.mc.c to the regional ship registration agency before rccei ving the result. (r Return of result: directly at the regional ship registration agency or by post." 4. To add the following Article [1 b: "Article 11b. Vietnamese ship re registration procedures 1. Ship registration certificates for cases of re-registration of ships arc those granted hy regional ship rcuistrution agencies bused on the form of rc-rcgi stration of ships concerned, I Cr:lnIC,'S- Ow nr-r s of~hir~ already n:'gislered in Vietnam's national ship register then de-registered and now re-registered. ). A Vietnamese ship re-registration dossier compnses: af For indefinite registration: as specified in Clause 3, Article II of this Decree. hi For definite registration: as specified in Clause 3. Article II a of this Decree. c/ For rc g is t ru u o n 01 ships under construction: as specified in ClauscJ. Article 1:S of this J)ecTl'e d/ for registration of small ships as specified in Clause 3, Article 14 of this Decree. 4. Dossier quantity, method and places of submission: One set of the dossier shall he submitted directly or by post to the ship registrar ion agency with which the ships were previously registered. 5. Dossier receipt und handling process: al The regional ship registration agency receives ~\ dussiL'r, checks its validity n>ccml" it in a book dna ISSUl'S a slip of appointment to return the result within the prescribed time limit. hi If a dossier is invalid. within 3 working days after receiving it, the regional ship registration agency Slldll guide t~ dossier completion as required in this Decree. (J. 'lnnc limit for grant 01 r~~ stration certificates: Within) working days after receivi ng a complete dossier, Ihe reg;ol1~1 ship registration agency shall base on the oldnumber and date of registration of the ship to grant a ship registration certi ficate accordmg to the corresponding form provided in one of the appendices to this Decree. 7. Ccrti ficatc-gruming agencies are regional ship registration llgcncies. 8. Registration fee shall be paid according to rcglliution~;01' till' Ministry 01" Finance to the regional ship registration agency before receiving the result. 9. Return of result: directly at the regional ship registration agency or by post." 5. To add the following Article llc: "Article lie. Vietnamese ship renaming registration procedures I. Rcgtstrauon certificates granted in cases of renami llg ships arc those corresponding to the previous [orm of registratiun bearing the ne w name of the ship concerned. For each certificate, I (one) oriuinal shall he granted. 2. Grantees: Owners of ships already @ VIETNAM LAW &LEGAL FORUM 12 registered in Vietnam's national ship register registering nc\\ names of such ships. 3. A Vietnamese ship renaming registration dossier: aJ For indefinite registration: A dossier must comprise a 11 appl icaiion for cha nge registration IIIau~ accord ing t u tlt~ l'o rru pr o v i dc d ill Appendix IV 10 this Decree, papers specified at Points a, d and e. Clause 3, Article 11 of this Decree. and the original ship registration certificate. bl For definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Poi nts a h. r ;lT1r1 f. C]a[IS,' ':\. Arlie]" II;) of this Decree, and the original ship registration certificate. cl For registration of ships under construction: A dossier must comprise an application for change registration made according 10 the fonn provided in Appendix IV to this Decree and the original ship~ul1der­ construction registration certificate. dJ For registration of small ships: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points c and I, Clause 3, Article 14 of this Decree, and the original ship registration certi ficate. 4. Doxxicr quantity, method and places of submission: One set of the dossier shall be submitted directly or bypost totheshipregistration agency lss!!.enos 03·051~ptember2011 (Cong Beonos 501-502lSeptember 15.2011) with whic h the ships were previously registered. 5. Dossier receipt and handling process: a/ The regional ship registration agency receives a dossier, checks its validity. records It 111 a book and issues a Slip of appointrncnt to return the result within the prescribed time Ii III it bl If a dossier is invalid, within 3 working days after r ecc ivi nz it, the regional ship registration agency shall guide the dossier completion as required in this Decree. 6. Ti rnc limit for grant of registration certificates: Within 3 work ing days after recci ving a complete dossier, tile reg ronal xhip registration agency shall base on the old number. c1:llt' .mrl fon 11 of n~ri strnt inn of Ihr- ship 10 fya n1 a ship registration certificate. 7. Certificate-granting agenc ics are regional ship registration agencies with which the ships were previously registered. 8. Registration fcc shall be paid according to regulations of the Ministry of Finance to the regional ship n:gistrutioll agency before rcceiv ing the result. 9. Return of result: directly at the regional ship registration agency or by post." 6. To add the totlowlng Article tId: "Article ltd. Ship owner name change reg istration procedures I. Ship owner name change registration cert i ficarc. Ship owner name change registration certifieates granted for cases of change of ship owner name arc those corresponding to the I Issue nos03-05/September 2011 (Cong Bao nos 501-5U2JSeptember 1b. LU11) previous form of reg istrution of ships concerned. For each certificate, I (one) original shall be granted. 1. Grantees: Owners of ships already registered in Vietnam's national ship register having their names changed. 3. A ship owner name change registration dossier: aJ For indefinite registration: A dossi er must compnse an application for change registration made according to the form provided in Appendix IV In thi-, J)~cr~f\ pap~rs speciril:'d at Points d, e and g, Clause 3, Article 11 of this Decree, and the original ship registration certificate. b/ for definite registration: A dossier must comprise an appl ication lor change registration made according to the form provided in Appendix lV ro this J),~crcc. p:lp~rs .sp(~cifil~dat Points h, c and d, Clause 3, Article II a of this Decree, and the original ship registration certificate. c/ For registration of ships under construc tion: A dossier must comprise an application for change registration made according to the form provided in Appendix IV 10 thi s f)~cree, papers specified at Point d. Clause 3, Article 13 of this Decree, and the original ship-under construction registration certificate. d/ Forregi strati on of small sh ips: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points e and [, Clause 3. Article 14 of this Decree. and the original ship regi strati on certi ficate. 13 4 [)os,i"t' (111:lI1lily. nu-rhor! :lnd pl aces of submission: One set of the dossier shall be submitted directly or by post to the ship registration agency with which the ships were previously registered. 5. Dossier receipt and handling process: a/ The regional ship registration.agency receives a dossier, checks its valid!E'. records it in a book and issues a slip of appointment to return the result within the prescribed time limit. hi If a dossier is invalid, within 3,working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree. 6. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier. the regional ship registration agency shall base on the old number, dale and form of registration to grant a ship regi strati on certi ficate. 7. Certificate-granting agencies are regional ship registration agencies. 8. Registration fee shall be paid according La regulations of the Mini stry of Finance to the regional ship registration agency before receiving the result. 9. Return of result: directly at the regional ship registration agency or by post." 7. To add the following Article He: "Article Lle, Ship owner change regi stration procedures 1. Ship ownership change registration 14 OFFIC IAt GAZE rn I5gJ~no~ 03.05/Sp.ptemhp.r2011 (Cong BaD nos 501·502JSeptember 152011) · -----. certificate. Registration ccrti Iicatcs granted for cases of clJalige of ~llip ow IIns all: tl ios« CUI [L:s[J\lndilig to the previous form of registration of ships concerned. For each certificate. I (one f original shall be granted. 2. Grantees: New owners of registered ships. 3. A ship ownership change registration dossier: aI For'iudcfinite registration: A dossier must compris~ application for chunce rq!istration made a~)fding to the form provided in AppendinY to this Decree. papers specified at POInts c•.tt, e. t, g and h. l'Iause J. Article I I of this Dec~t,ie, and the original ship registration certificate b/ F6'!""definitc registration: A dossier must cOl1lpris~ application for change registration..•. made a~Jrding to the form provided in Appeudeetv to this Decree, papers specified at Points b-e, d. f and g, Clause J. Article II u of this Decree, and the original ship registration ccrtificutc; cl For registration of ships under construc tion: A dossier must comprise an application for chan~l'egistr"tion made according to the form prW'dl'd in Appendix IV to this Decree, papers .~~ci ficd at Poi nt d, ('I ause 3. Article 1.1 of this Decree, and the original ship-under construction rcgistrettioll ccrti ficutc. '--- . ----- .. ------- .. .. --- .. 14 01 th i s Decree. and the original slllp registration certificate 4. Dossier quantity. method ami places of submi ssion: One set of the dossier shall he su bm it tc d directly or by post to the ship rcg istr.uion agency with which the ships were previously registered. 5. Dossier receipt and handling process: al The regional ship rcg istr.it ion agency receives a dossier, checks its validity. records it in a hook and issues a sl ip of appoi ntme nt to return the result within the prescribed time Ii 111it. hi If ~I dossier is invalid. within J working days after receiving it the regional ship registration agency shall guide the dosxicr completion as required in this Decree. (>. Time limit for grant of rcgistrution certifi cates: Within 3 working days after rccci ving a complete dossier. tile regional ship registration agency shall base on the old number, date and form ofrcgistrurion to grant a ship registration certificate to the new owner of the ship. 7. Ccrt: Iicate- p:rallli llJ.' agL'llCleS an: rcgionul ship registration agencw.c,. R. Registration fcc shall be paid according to regulations of the Ministry ofFinance to tIll' regional ship registration agency hc Iurc icceiviug LilL: result. d/ For registration of small ships A dussil.'r must comprise un application fur Ch,H1S'~ reg ist rati 011 111 a de acco rdi Ilf! to the [orm provided in Appendix IV to this Decree. rapl'fS specified at !'oints c, d. c and f. Clause .1. Article 9. Return of result: directly at the regional ship registration agency or hy pUSl.·' 8. To add the fnllowing i\ rticlc 11 f: "Article 11 r. Ship structure and technical . &l VIETNAM LAW & LEGAL FORUM Issue nos03-0S/September 2011 (Cong Beo nos 501-502/September 152011) specifications change regii>tr~ltionprocedures I. Ship structure and technical specifications change n.:gislrution ccrtif'icur c. Ship structure and technical specifications change regislrutioll certificates grunted for cases of change of structure and technical specifications of ships arc those corresponding to the previous form of registration of the ships. For each certificate, I (one) original shall be granted. 2. Grantees: Owners of registered ships with changed structure and technical specifications. 3. A ship structure and technical specifications change rcgistranon dossier: aI For indefinite registration: A dossier must CUIIIIHise <III appliclItion for change registration made accor di ng to the form provided in Appendix IV to this Decree, papers specified at Points d and e. Clause 3, Article II of this Decree, and the original ship registration certificate. bl For definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix. IV to this Decree, papers specified at Points hand c, Clause 3. Article l la of this Decree, and the original ship registration certificate. cl For registration of ships under construction: A dossier must comprise an app lica t io n for c ha nac registration made according to the form provided in Appendix IV to this Decree, papers specified at Point b, Clause 3. Article 13 of this Decree, and the original ship-under-construction registration ccruficate. 15 dJ For n:,gistration of small ships: A dossier must comprise an application for change registration made according to the form provided in Appendix. IV to this Decree, papers specified at Point f. Clause 3, Article 14 of this Decree, .urd the o r i g i nu l ship rcgi;;tration certi ficatc. 4. Dossier quantity and method of submission: One set of th" dnssiN shall he submitted directly or by post to the ship registration agency with which the ships were previously registered. 5. Dossier receipt and handling process: al The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result wuhm thc prescribed time limit. hi If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree. 6. Time limit for grant of registration u~rtiricalcs: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall base on the GId number, date and form of registration to grant a ship rcgi stration certi ficate. 7. Certificate-granting agencies a~ regional ship registration agencies. 8. Registration fcc shall be paid according to rcgu lations of the Ministry of Finance to the regional sh i p rc.g i st rut i on Dgcncy before receiving the result. 9. Return of result; directly at the regional 16 ship registration agency or by post" 9. To add the following Article llg: "Article l l g. Regional ship registration ago:ncy chango: registration proccdures I. Ship registration certificates granted for cases of change of regional ship registration agency are those granted hy the new regional ship registration agency to the ships concerned corresponding to the previous form of registration of the ships. For each certificate. 1 (one) original sha!l LJC grantcd. 2. Grantees: Owners of ships registered for change of legional ship registration agency. 3. A regional sh ip registration agency change registration doxsi cr: aJ For indefinite registration: A dossier must comprise an application for r.hnn ['t' rl'['istration made according to the form provided in Appendix lv to this Decree and papers specified in Clause 3. Article II of this Decree. bl For.definite registration: A dossier must comprisean application for change registration made according to the form provided in Appendix IV to this Decree and papers specified in Clause 3, Article II a of this Decree. c ! For rt~['istr;ltinn of ships under construction: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree and papers specified in Clause 3. Article 13 of this Decree. JJ For registration of small ships: A dossier must comprise an application for change registration made according to the form Issu!' nos 03.05IS!'pt!'mbr-r 2011 (Gong Baanos 501-502/Seplember 15,2011) provided in Appendix IV to this Decree and papers specified in Clause 3. Article 14 of this Decree. 4. Dossier quantity, method and places or subrni svi nn: One set of the dossier shall be submitted directly or by post to the new sh ip regi stratton agency of the place with which ship owners want to rcgi ster their ships. S. Dossier receipt and handling process: al The regional ship registration agency receives a dossier. checks its validity (including appraising the dossier submitted by the ship owner to the old ship rcg·l:-.lictliOll agellcy). records it in a book and issues a slip of appointment to return the result within the prescribed time limit. hi If a dossier is invalid. within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree. (1. Ti rue limit for grant of regional shi registration ugency change re g ist ra t i o n certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall base on the old number. date and form of registration to grant a ship registration certificate. 7. Certificate-granting agencies arc regional ship legbuatiull agencies. 8. Registration fcc shall be paid accordiue to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result. 9. Return of result: directly at the regional issue nos03-0S/September 2011 (Cong BaD nos 501-502/September 15, 2011) ship registration agency UI by post." 10. To add the following Article II h: "Article 11h. Vietnamese ship registry chance registration procedures I. Vietnamese ship registry change registration certificates Ship registry change registration certificates granted for cases of change of ship registry are those corresponding to the previous form of registration of ships concerned. For each certificate, 1 (one) urigilldl shall be gldlllCd. 2. Grantees: Owners of registered ships. 3. A ship registry change registration dossier: JJFor indefini te registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree. papers specified at Points d and c, Clause 3, Article II of this Decree, and the original ship registration certi ttcate. bl For definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points band c, Clause 3, Article l l a of this Decree, and the original ship registration certificate. cl For registration of ships under construction: A dossier must comprise an application for change registration made accordi ng to the form provided in Appendi x IV to this Decree and the original ship-under construction registration cert ificate. d/ For registration of small ships: A dossier 17 IIIU:--l co mprise all app l ic a t i o n for change registration made accordi ng to the form provided in Appendix IV to this Decree, papers specified at Poi nt f, C lause 3, Artie Ie 14 of this Decree, and the original ship registration certificate. 4. Dossier quantity, method and places of submission: One set of the dossier shall bc-eebmitted directly or by post to the ship registralWn agency with which the ships were previously registered. S, DOSSIer receipt and handling gwcess: a/ The regional ship registratitm agency,... receives d Llu~~icr, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit. bl If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree. 6. Time limit for grant of ship registry change registration certificates: Within 3 working days after receivi ng a complete dossier, me regional ship registration agency shall base all the old number. date and form of registration of the ship to grant a ship registration certificate. 7. Certiftcate-i.',ranli ng agencies arc regional ship registration agencies. R Rt"['istration ff':t" shall he paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result. 9. Return of result: directly at the regional ship registration agency or by post." M'i~"'~'''"I..'''' .. ~-~.~- ..' 18 11. To amend Article 12 as follows: "Article 12. Procedures for provisi onal registration 01 ships sailing under Vietnamese flac '" I. Vietnamese ship provisional registration certificate. aJ Vietnamese ship provisional registration certificates shall be granted in case of having: not yet paid prescribed charges and Ices. having no ship dcregistrution or registration suspension certificates or ship owners operating on a trial basis newly built ships or receiving newly built ships and taking them to the place of registration under shipbuilding contracts. bl For each provisional registration certificate. I (one) original shall he granted. 2. Grantees: Owners of ships provisionally I cgis tcrcd. 3.A Vietnameseship provisional registration doss ie: cornprise». aJ The ship registration declaration. made according to the [orrn provided in Appendix I to this Decree. bl The original ship dere gist rati on or registration suspension certificate, for cases of having not yet paid charges and fees or for used ships. cl The original ship test am! hundovcr record, for cases of receiving newly built ships for taking to the place of registration. dJ The original ship purchase and sale contract or ship bui lding contract or other proof of cqui valent legal validity of the ownership of the ship. Issue nos 03-0S/September 2011 (Cong Bee nos 501-502JSepiember 15, 2011) el The ship tonnage certificate (a notarized copy or a cupy and the original for CUlllp,lI ison). for ships not yet ha ndc d over to the purchaser. the ship owner shall submit a copy or the ship tonnage certificate certified by the ship owner. 1'1 The ship classification certificate (a notarized copy or a copy and the orig inal for comparison): for ships not yet handed over to the purchaser, the ship owncr .sllall submir a copy of the ship classification certificate certified hy the ship owner. gl The original hu s inc ss registration certificate or permit for setting up a branch or representative office in Vietnam. hi A copy of the identity card or the original residence certificate beuri ng the commune police's certification (for ship owners being Vietnamese). 4. Dossier quantity, method and places of submission: One set of the dossier shall be submitted directly or by post to one of the f'o l lo wi ng regional ship registration agencies: Hai Phung regional ship registration agency at the Hai Phong City Ma ri t i rnc Administration at No. II. Vo Thi Salt avenue, Hong Bang district, Hai Phong city. Sui Gon regional ship registration agency at the Ho Chi Mini) City Maritime Administration at No. 89, Pasteur avenue. district r. Ho Chi Minh City. Da Nang regional ship registration agency at the Da Nang Port Authority at No. 12. Bach Dang avenue, Hai Chuu district, Da Nang city. Issue nos03-0S/September 2011 (GongBao nos 501-502lSepfember 15,2011) 5, Dossier receipt and handling process: al The regional ship registration agency receives a dossicr, check" its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit. bl If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree. 6. Time limit for grant of provisional registraliull ccr tificaics: Within 3 WUI "illg days after receiving a complete dossier, the regional ship registration agency shall grant a ship provisional registration certificate. made according to the form provided in Appendix V to this Decree. 7. Certificate-granting agencies are regional ship registration agencies. 8. Provisional-registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency hefor« receiving th~ rexult. 9. Return of result: directly at the regional ship registration agency or by post." 12. To add the following Article 12a: "Article 12a. Procedures for granting permits to provisionally sail under the Vietnamese flag I. Permit to provisionally sail under the Vietnamese flag. A permi t (one original) to provisional! y sail under the Vietnamese nag shall be gran led by 19 the o v c r sc a s Vic t n a m e se consulate to it Vietnamese organization or individual purchasing a seagoing ship of a foreign organization or individual in case such ship has not yet been registered under law. A permit (one original) to provisionally sail under the Vietnamese flag is effective only during one voyuge of the ship concerned and is valid from the time of its grant to the time the ship arrives at the first port of Vietnam. For each permit, I (one) original shall be granted to the ship owner. 2. Grantees: Owners of ships apptying for a permit to provisionally sail under the Vietnamese flag. 3. A dossier of application for a permit to provisionally sa i I the Vietnamese flag comprises: a/ The ship registration declaration, made according to the form provided in Appendix r to this Decree. bl The original ship dcrc g istrat ion or registration suspension certificate, for used ships. c/ The original ship test and handovcr record, for cases of receiving newly built ships for taking to Vietnam. dl The original ship purchase and sale contract or ship building contract or other proof of equivalent legal validity of the ownership of the shi p. el The ship tonnage certificate (a notarized copy or a copy and the original for comparison). fI The ship classification certificate (a notarized copy or a copy and the original for 20 compari sun). gl The business registration certificate (a notarized copy or a cupy and the original for comparison). hi A copy of the identity card or the original residence certificate hearing the commune police's certification (for ship owners being Vietnamese). 4 Dossier quantity, method and places of submission: One set of the dossier shall be submitted directly or by post to the Vietnamese consulate based in the foreign country where the ship is purchased or is delivered at the ship owner's request. S. Dossier receipt and handling process: ul The overseas Vietnamese consulate receives a dossier, checks its validity, records it in a book and issues a slip of appointment lCJ return the result within the prescribed time limit. btlf a dossier is invalid, within 3 working days after receiving it, the overseas Vietnamese consul all' shall guide the dossier completion as required in this Decree. 6. Time limit for grant of pennits: Within 3 work ing days after receiving a complete dossier, the overseas Vietnamese consulate shall grant a permit to provisionally sail under the Vietnamese flag, made according to the form provided in Appendix IX to this Decree. 7. Permit-granting agencies are overseas Vietnamese consulates. 8. Permit-granting fee shall be paid Iss~e nos 03-0S/September 2011 (Cong Baa nos 501-502lSeplember 15,2011) according to regulations of the Ministry of Finance to the overseas Vietnamese consulate before LeL:eivillg the result. 9. Return of result: directly at the overseas Vietnamese consulate or by post." 13. To amend Article 13 as follows: "Article 13. Procedures for registration of Vietnamese ships under construction I. Under-construction Vietnamese ship registration certificate. For each under-con struction ship registration certificate, I (one) original shall be granted. 2. Grantees: owners of ships under construction. 3. An under-construction ship registration dossier comprises: aJ The ship registration declaration, made according to the form provided in Appendix [ to this Decree. b/The shipbuilding contract (the original or a notarized copy). clThe original certificate of the ship's main frame placed at the shipbuilding yard. bearing the ship registry's certification: dl The original bu s i n es s re g i srrut io n certificate or permit for selling up a branch or representati VI..' office in Vietnam. 4. Dossier quantity, method and places of submission: One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies: Issue nos03-05/September 2011 (Gong BaD nos 501·502/September 15.2011) Llui Phong regional ship reg istrati on agency at the Hai Phong City Maritime Administration at No. 11, Vo Thi Sau avenue, !Tong Bang district, Hai Phong city. Sai Cion regional ship registration agency at the Ho Chi Minh City Maritime Administration at No. 89, Pasteur avenue, district I, Hu Clli Minh City. ~ Da Nang regional ship registration agency at the Da Nang Port Authority at No. 12, Bach Dang avenue, Hai Chau district, Da Nang city. 5. Dossier receipt and handling process: aJ The regional ship registration agency receives a dossier, checks its val iditv, rccord c it in a book and issues a slip of appointment to return the result within the prescribed time limit (for cases of direct submission of dossiers). bl If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shal l issue a document guiding the dossier completion as required, G. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall grant a under construction ship registration certificate, made according to the form provided i II Appendix VI to this Decree. 7. Certificate-granting agencies are regional ship registration agencies. ~. l{eglstratlOn fee shall be Pi!d according to regulations of the Ministry of Finance to the rc g io n a l ship ri'.gi st r ar i on "!?,ellCY before 21 receiving the result. 9. Return of result: directly at the regional ship registration agency or hy post" 14. To amend Article 14 as follows: "Article 14. Vietnamese small ship registration procedures I. Vietnamese small ship r~stration certificates. For each small-ship registration certificate, (one) original shall be granted to the ship owner. 2. Grantees: Owners of regisr.tred small ships. 3. A Vietnamese small ship r~lstration dossier comprises: aJ The ship registration declaration, made according to the form provided in Appendix 1 to this Decree. b/ The original ship deregistration or ship handover record, for newly built ships. ct The original ship purchase and sale contract or ship bui Iding contract or other proof of equivalent legal validity of the ownership of the Ship. d/ Documents proving the payment of rcaistration fcc according to regulations: 1 set comprising the original registration fee declaration hearing the tax office's certification, and the original document 011 the payment of registration fcc to the state budget. For seagoing ships not liable to registration fcc, to submit the origi nal registration fee declaration bearing the tax office's certification. 22 e/ The original bus incss registration certificate or permit for setting up a branch or n:pn::scntativL: office in Vict nam. f/ The original ship technical safety inspect ion book. 4. Dossier quantity, method and places of submission: One set of the dossier sh<.111 be submitted directly or hy post to one of the followin:to regional ship registration agencies: Hai Phong regional ship registration agency at the Hai Phong City Maritime Administration at No. 11, Vo Thi Sau avenue, Hone Bans-t:'l G district, l Iai Phong city. Sai Gon regional ship registration agency at the Ho Chi Minh City M:lritimc Administration at No. R9, Pasteur avenue. district I, Ho Chi Minh City. Da Nang regional ship registration agency ut the Da Nang Port Author: ty at No. 12, Bach Uang avenue, Hal Chau district, Da Nang city. 5. Dossier receipt and handling process: aJ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit. hi If a dossier is invalid. within 1 work inz- b days after receiving it, the rcg ionul ship registration agency shall guide the dossier completion as required in this Decree. G. Time limit for grant of registration certificates: Within 3 work iug days after receiving a complete dossier. the regional ship registration agency shall grant a ship registration certificate, madeaccording to theforrn provided Issue nos 03~05/September 201.1 (Cong Baa nos 501-502lSeplember 15. 2011) in Appendix [] to this Decree. 7 Ccrtificatc-g ranting agencies are regional sh ip registration agenc ics. 8. Registration fee shall he paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result. 9. Return of result: directly at the regional ship registration agency or hy r0e:.t " 15. To amend Article 15 as follovvs: "Article 15. Vietnamese ship dercgisrration procedures I. Vietnamese ship dcrcgistration certi ficate. A Vietnamese ship deregistration certificate shall be granted in the cases specified in Article 20 of the 2005 Vietnam Mariti me Code. For each ccui Iicute, I (ouc) migina! shall be grclilted to the ship owner. 2. Grantees: owners of dlip,; dc rcui stcrcd from Vietnam's national ship register. 1 A Vit'tn;1Il1~S~ xhip dcrcgistration dossier comprises: aJThe ship dcrcaistration dec laraiion. made according to the form prov idcd in Appendix V II to thi s Decree. b/Thc original Vietnamese ship registration certificatc. In case it is lost. the ship owner shall state the rcascm. cl Written approval of the ship deregistration. made by the mortgagee of the ship concerned under Article 20 of the Vietnam Maritime Code. 4. Dossier quantity, method and places of submission: Issue nos 03-0SISeptember 2011 (C6ng Beo nos 501-502lSeptember 15.2011) One set of the dossier shall be submitted directly or by post to the regional ship registration agency with which the ship has been registered. 5. Dossier receipt and handling process: af The regional ship registration agency receives a dossier, checks its validity, records it in a hook and issues a slip of appointrncnt to return the result wi thin the prescribed time limit. bl If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree. 6. Time limit for grant of dercgistration certificates: within 3 working days after receiving a complete dossier. the regional Ship rt'gi"tralinn a[':f':ncy shall ['rali! a ship deregistration certificate according to the form provided in Appendix VIII to this Decree. 7. Certi Iicate-gran ting agencies are regiona I ship registration agencies. 8. Dercgistration fcc shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result. 9. Return of result: directly at the regional ship registration agency or by post." 16. To modify, supplement and cancel the appendices to the Government's Decree No. 29/2009/ND-CP of I\'larch 26, 2009, on seagoing ship registration, purchase and sale, as follows: aJ To modify and supplement 9 appendices to the Government's Decree No. 29/2009fND CP of March 26. 2009, on seagoing ship 23 registration. purchase and sale. as follows: Appendix I: Form or the ship registration declaration. Appendix 11: Form of the Vietnamese ship rcgi stration ccrti ficarc. Appendix III: Form of the Vietnamese ship definite registration certificate Appendix IV: Form of the application for change registration. Appendix V: Form of the Vietnamese ship provisional registration certificate. Appendix VI: Form of the under construction ship registration certificate. Appendix VII: Form of the Vietnamese ship deregistration declaration. Appendix VIII: Form of the Vietnamese ship deregistration certificate. Appendi x IX: Form of the permit to provisionally sail under the Vietnamese flag. b/ To cancel 12 appendices to Decree No. 29/2009/ND-CP of March 26, 2009, on seagoing. ship registration, purchase and sale. Article 2. Organization of implementation 1. This Decree takes effect on October 15, 2011. 2. Ministers. heads of ministerial-level agcnci es, heads 0 f government-attached agencies, chairpersons of provincial- level People's Committees and related agencies, organizations and individuals shall implement this Decree. 011 behal] or the Government Prime Minister NCiUYEN TAN DUNG