Order No. 17/2008/L-CTN on the promulgation of the Ordinance on Procedures for the Arrest of Seagoing Ships

I1sue nosJ17-o81SQPtember 2008 OFFICIAL GAZEnE (COng BaD nos 553-5541October 2, 2008) THE STATE PRESIDENT ORDINANCE ON PROCEDURES FOR THEARREST OFSEAGOING SHIPS (No.05120081UBTVQH12) ORDERNo.17f2OO&1L..CfNOFSEPI'EMBER 10, 2008, ON THE PROMULGATION OF ORDINANr.R THEPRESIDENTOFTHESOCML~T REPUBLIC OF VIETNAM PursuanttoArticles103and 106ofthe 1992 ConstuuuonoftheSociaustKepublicojVietlUlm, which was amended and supplemented under Resolution No. 51120011QHlO ofDecember 25, 2001, Of the X''' Naiional Assembly, the 10''' session; PUI".tUUflt to Article 19 o]' the Law on Organization oftheNational Assembly; Pursuant to Article 51 of the Law or: Promulgation ojLegalDocuments, PROMULGATES: theOrdinanceon Procedures fortheArrest of Seagoing Ships, which was passed on August 27, 2008, by the X!:[th National Assembly Standing Conuuiuee. Presidentof tire Socialis; Republk of l1etnam NGUYEN MINH TRIET Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amendedand supplementedunderResolutitmNo. 511200}IQHlO; Pursuant to Resolution No. llf2()(}JIQHJ2, on the 2008 law- and ordinance matting program; The National AssemblyStanding Com.mttee promulgates theOrdinance onProceduresforthe ArrestofSeagoing Ships. Chapter I GENERAL PROVISIONS : Arti£k1.- Scope of regulation This Ordinance specifies thejurisdictien,order andprocedures for thearrestofseagoingships to secure the settlement of maritime claims, as a provisional urgent measure, to enforce civil judgments or to providejudicial assistance, and the jurisdiction, order and procedures: for the releaseof seagoing shipsfrom arrest. Anide 2.- Subjects of application This Ordinance applies to Vietnamese and foreign agencies, orgarnzations and individuals involved in the settlement of maritime claims, application of a provisional urgent measure, enforcement of civil judgments or provision of judicial assistance which gives rise to the right to @ VIETNAM LAW a LEGAL FORUM 6 OFFICIAL GAZETTE Issue nos07=OBlSeotember 2008 (COng Bao 00Il~ber 2, 2008) arrest seagoingships. Article 3.- Jurisdiction to decide to arrest seagoing ships 1.People'scourtsofprovinces orcentrally run cities(below collectively referredto asprovincial­ level peopte's courts) where exist seaports or inlandwaterwayports (belowcollectivelyreferred to as portQ at which seagoing ships subject to arrest applications are operating have the jurisdictionto arrest theseseagoingships tosecure the settlement of maritime claims, enforcement of civil judgments orexercise ofjurisdiction given by foreign courts. In casea portconsists ofmany berths situated in different provinces or centrally run cities, the provincial-level people's court of the locality where exists the port at which a seagoing ship subject to an arrest application is operating has the jurisdiction to decide to arrest the ship. 2.People's courtscurrently handlingcivilcases and provincial-level people's courts in localities where arbsration councilsacceptto settledisputes have thejurisdiction to decide to arrest seagoing ships as a provisional urgent measure. 3. The president of the Supreme People's Court shan consider and decide to vest a court with the jurisdiction to decide to arrest seagoing ships in case concerned provincial-level people's courts cannot reach agreement on such jurisdiction. Article 4.- Liability for wrongful applications for arrest of seagoing ships 1. Applicants for the arrest of seagoing ships shall be held responsible before law for their applications. In case a wrongful application for the arrest ofa seagoingship causes loss or damage, the applicant shall pay damages. 2.AUlosses or consequences of an application for the wrongful arrest ofa seagoing ship shall be remedied under agreement between the involved parties. In case no agreement can be reached and a dispute arises, the involved parties may bring the case to a court or an arbitration center for handling under law. 3.Courts that issue decisions to arrest seagoing ships for reasons other than those for which the arrest of these seagoing ships is applied for or decisions to arrest seagoing ships other than those the arrest of which is applied for, causing losses or damage, shall pay damages under law. Article 5.- Financial security for applications for the arrest of seagoing ships 1.An applicant for thearrest ofa seagoing ship shall provide a financial security, except the cases specifiedat Points c and d, Clause I, Article 44 of this Ordinance, by either or both of the following modes: aJ Furnishing the court of jurisdiction with a property guarantee documentofabank or another credit institution or another individual. agency or organization; b/Depositing a sum ofmoney, precious metal, gem or negotiable instrument under a decision of the court of jurisdiction on compulsory provision of financial security into a segregated © VIETNAM LAW & LEGAL FORUM Issue nos 07..Q8/September 2008 (COng Baonos 5ffi:>554lOdober 2, 2008) OFFICIAL GAZETTE 7 account at a bank. in the locality where the court ofjurisdiction is located within forty eight hours after the receipt of that decision. In case financial security for an application for the arrest of a seagoing ship is provided on a weekend or holiday, the security asset shall be temporarily kept at the court. The court shall only receive a sum ofmoney or a negotiable instnunent and seal it up for preservation. On the following working day, the applicant for the arrest of a seagoing ship shallpromptly deposit thatasset into a bank under the court's supervision. 2. The value of financial security is fixed by the court to be equal to the loss or damage possibly caused by the wrongful application for thearrest of a seagoing ship. 3. Upon deciding to release a seagoing ship from arrest, a judge shall take into account the financial security for the application of the arrest of a seagoing ship specified in Clause 1 of this Article, unless otherwise agreed by the involved parties. Depending on each case, the judge may make one of thefollowing decisions: aJ To keep the financial security for the application of the arrest of a seagoing ship unchanged in case helshe considers the application wrongful and the value ofthe financial security is possibly adequate or is inadequate for payment ofdamages; b/ To refund part of the value of the financial security for the application for the arrest of a seagoing ship in case he/she considers the application wrongful and the value of the financial security exceeds the liability to pay damages; clTo refund the whole financial security for the application for the arrest of a seagoing ship in case he/she considers the application correct. Article6.- Fee for the arrest of seagoing ships 1. Applicants for the arrest of seagoing ships shall pay a fee prescribed by law. 2. The fee for the arrest of a seagoing ship to secure the settlement of a maritime claim, as a provisional urgent measure, to enforce a civil judgment or exercise the jurisdiction given by a foreign court shall be paid to the courtc.ompetent to decide to arrest seagoing ships defined inArticle 3 of this Ordinance within forty eight hours after the court demands the fee be paid. Arlicle 7.- Supervision of the observance of law in the arrest of seagoing ships People's procuracies shall supervise the observance of law in the arrest ofseagoing ships; the exercise the rights toprotest under law in order to assure the timely and lawful arrest cl seagoing ships. Article 8.- Documents and evidence enclosed with applications for the arrest of seagoing ships or written requests for the release of seagoing ships from arrest I. Enclosed with applications for the arrest of seagoing ships or written requests for the release of seagoing ships from arrest must be documents and evidence proving that these applications or requests are grounded and lawful. 2. In case documents and evidence enclosed © VIETNAM LAW& LEGAL FORUM 8 OFFICIAL GAZETTE Issue nos07..Q8lSeptember 2008 (GOng Bao nos 553-5541Odober 2, 2008) with an application for the arrest of a seagoing shiporrequests for the release of a seagoing ship fromarrestare in a foreign language, theirlawfully notarized Vietnamese translations are required under Vietnamese law. Documents and papers which are compiled, issued or certified by competent foreign authorities under foreign laws musrbe le.galized by consularoffices, unless that consular legalization is exempt under the provisions of a treaty to which the Socialist RepublicofVietnamis a contracting party. Arlicw 9.- Execution of decisions to arrest seagoing ships or decisions to release seagoing ahfps from arrest 1.Immediately afterissuing adecision to arrest a seagoingshipor a decisionto release a seagoing ship from arrest, the-coort president shall assigna court officer to serve that decision under Clause 2 of this .1rticle. 2. WJ.1hin twelve hams after being assigned, the court officer shall arrive at the port to hand two copies of the decision to the director of the seaport authority or the inland waterway port (below referred to as the port authority director) where the seagoing ship in question is operating. The port authority director shall execute the decisioa to arrest a seagoing ship or the decision to release a seagoing ship from arrest underlaw and hand one copy thereof to the shipmaster for compliance. If the court officer cannot arrive at the port within the above time limit, the decision may be sentby fax or e-mail under law. 3. State management agencies in charge of maritime, security, quarantine, customs, tax, culture and information, fire and explosion prevention and fighting, environmental protection and other state management agencies shall coordinate with one another inexecutingdecisions to arrest seagoing ships at the request of the port authority director and submit to the administration by the port euthority director in the coordinated execution of these decisions. The Vietnam Coast Guard shall coordinate with above agencies in executing decisions to arrest seagoing ships at the request of port authority directors. 4. Owners, charterers or operators ofseagoing ships under arrest shall maintain the operation of these seagoing ships. 5.TheGovernmentshall specifytheexecution of court decisions mentioned in Clause 2 of this Article and the handling of seagoing ships which are abandoned by their owners, or the public auction of seagoing ships under arrest. Article 10.- Notification of the execution of decisions to arrest seagoing ships or decisions to release seagoing ships under arrest 1. Port authority directors shall notify in writing courts, the Vietnam Maritime Administration and concerned state management agencies at theirports ofthe execution of decisions to arrest seagoing ships or decisions to release seagoing ships under arrest. In case of arresting seagoing ships for the enforcement of civil judgments, they shallpromptlynotify such tccivil judgment enforcement bodies so that the latter can enforce civil judgments. © VIETNAM LAW & LEGAL FORUM Issue nos 07.()8!September2008 (COng BaD nos 55U54IOciober 2,2008) OFFICIAL GAZETTE 9 2. Shipmasters shall notify ship owners, charterers and operators and parties with related interests of the arrest of their seagoing ships or the release of their seagoing ships from arrest. Chopter II PROCEDURES FOR THE ARREST OF SEAGOING SHIPS, RELEASE OF SEAGOING SHIPS FROMARREST OR SUBSEQUENTARREST OFSEAGOING SHIPS TO SECURE THE SETTLEMENT OF MARITIME CLAIMS Article 11.- Maritime claims giving rise to the right to apply for the arrest ofseagoing ships Maritimeclaims giving riseto the right to apply for the arrest of seagoing ships are those for: 1. Wages, repatriation allowances, social insurance premiums and other sums of money payable to shipmasters, officers and other crewrnembers within the complementofseagoing ships; 2.Damages forthe loss oflife, personal injuries and other human health damage directly caused by the operation of seagoing ships; 3. Freight, maritime security charge, pilotage, wharfage, and other seaport dues and charges; 4. Seagoing ship salvage remunerations; 5. Property losses and damage outside contract directly caused by the operation ofseagoing ships; 6. Damage caused or threatened to he caused by seagoing ships to the environment, coastline or other related interests; measures applied to prevent, mitigate or preclude such damage; damages; expenses for applied or to-he-applied actual reasonable measures to rehabilitate the environment; averages incurred or likely to be incurred to third parties involved in such damage; similar damage, expenses or averages specified in this Clause; 7. Charges for theraising, movement, recovery, demolition or rendering harmless ofstrlpwrecks, strandedor deserted seagoing ships, in0Iudingany appurtenance that is or has been onboed seagoing ships, and charges or costs related to the preservation of deserted seagoing ships and expenses due to their crews; 8. Agreements relating to the use or charterof seagoing ships, whether in charter parties or otherwise expressed; 9. Agreements relating to the transportation ofcargoes or passengers onboard seagoing ships, whether in charter parties orotherwise expressed; 10. Loss of or damage to cargoes.fncluding luggage carried onboard seagoing ships; 11.General average; 12.Towage; 13. Pilotage; 14. Goods, materials, food, fuels and equipment (including containers) sepplied or services provided to seagoing ships for their operation, management, preservation and maintenance; 15. Building, transformation, reconstruction, repair or equipping of seagoing ships; 16. Sums of money paid on behalf of ship owners; © VIETNAM LAW & LEGAL FORUM 10 OFFICIAL GAZETTE Issue nos 07-oa/September 2008 (Cong Baonos 553--5541October 2, 2008) .17. Insurance premiums paid by ship owners or other parties on behalf of ship owners or bareboat charterers; 18.Commissionsor chargesfor brokerageor agencyforseagoingshipspayablebyshipowners, bareboat charterers or authorizedparties; 19. Disputes as to the title to or ownership of seagoing snips; ZO. Disputes between co-owners of seagoing ships over the use of these ships or earnings of theseships; 21. Mortgage or hypothecation of seagoing ships. 22.Disputesarisingfromcontracts of seagoing ship purchase and sale. Article. 12.- The right to applyfor the arrestof seagoing ships tosecure thesettlementofmaritime claims Partiesmaking maritime claims (claimants) specified in Article 11 of this Ordinance may request competent courts specified in Clause 1, Article 3 of this Ordinance to decide to arrest seagoingships to secure thesettlementofmaritime claims. Article 13.- Conditions for arrestof seagoing ships to secure the settlementof maritime claims 1.Upon receivinganapptication for the arrest of a seagoing ship to ~ure the settlement of a maritime claim specified in Article 12 of this Ordinance, a court shall decide to arrest the seagoing ship in the followingcases: a1Theship owner is the party responsible for themaritime claimat the time the maritimeclaim arose andstillowns theshipat thetimeof itsarrest bl The bareboat charterer is the party responsiblefor themaritime claim at the time the maritimeclaim arose and still owns the bareboat chartereror the ownerof the shipat the time of its arrest; c/ This maritime claim is based on the mortgage of the seagoing ship concerned; dJThis maritime claim is related to the right to ownership orpossession of the seagoing ship; e1Thismaritime clairnis securedbyamaritime lien related to the seagoing ship. 2. The arrest may also be effected of another or many other seagoing ships owned by theparty held responsible for the maritime claim and, at the time the maritime claim arose, is also: aJ The owner of the seagoing ship in respect of which the maritime claim arose; hi The bareboat charterer, time charterer or­ voyage charterer of the seagoing ship in respect of which the maritimeclaim arose. 3. The provisions of Clause 2 of this Article do notapplytomaritimeclaimsrelated to theright to ownershipof seagoing ships. Article 14.- Period ofarrest ofseagoing ships to secure the settlement of maritime claims 1.The period of arrest of a seagoing ship to secure the settlement of a maritime claim must not exceed thirty days from the date of arrest. 2. During the period of arrest of a seagoing © VIETNAM LAW & LEGAL FORUM lssue nos 07-Q8ISeptember 2008 (Cong BaD nos 55J.554IOct00er 2, 2008) OFFICIAL GAZETTE 11 ship to secure the settlement of a maritime claim, if the applicant institutes a lawsuit at court or brings the dispute to an arbitration center for settlement and maintains the application for the arrest, the period of arrest of a seagoing ship to secure the settlement of a maritime claim will expire when the court decides to or not to apply the arrest of the seagoing strip as a provisional urgent measure. Article 15,~ Applications for the arrest of seagoing ships to secure thesettlement ofmaritime claims L Applicants for the arrest of seagoing ships to secure the settlement of maritime claims shall file applications. 2. An application for the arrest ofa seagoing ship to secure the settlement ofa maritime claim contains the following principal details: aJDate of making; hi Nameof the application-receiving court; cI Name, address and nationality of the applicant; df Name, nationality and identity number of the seagoing ship under regulations of the International Maritime Organization (IMO), tonnage and other specifications of the seagoing ship the arrest of which is appliedfor; the seaport where the seagoing ship is operating; el Name, address and nationality of the shipmaster; fI Name, address and nationality of the ship owner; gf Name, address and nationality of the ship chartereror operator incase ofa claimfor payment by theship charterer or operator; hfSpecificmaritimeclaim which gives rise to the right to apply for the arrest of the seagoing ship and the maximum value of that maritime claim; if Anticipated loss or damage likely to be caused by the application for the arrest of the seagoing ship. 3. In. caseapplicants for the arrest at seagoing ships do not accurately and adequately know the details specified at Point e, f and g, Clause 2 of this Article, they shall write down what theyknow related to those details. Artick 16.-Filing of applications forfhearrest of seagoing ships 10 secure the settlement of maritime claims and enclosed documents end evidence Applicants for thearrest of seagoing ship; to secure thesettlementofmaritimeclaims shaU file their applications and enclosed documents and evidence to courts competent to decide to arrest seagoing ships specified in Clause 1,A lticle 3 of this Ordinance. Artit:le 17.- Receipt of applications for the arrest of seagoing ships to secure the settlement ofmaritimeclaims Upon receiving applications for the arrest of seagoing ships to secure the settlement ofmaritime claims and enclosed documents and evidence, courts competent to decide to arrest seagoing ships specified in Clause I, Article 3 of this Ordinance shall record them in application receipt books. © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos 07·08ISeptember 2008 (GOng BaD nos 553-5541Octobet 2, 20(8) Court presidents ofcourts shall promptly assign a judge to handle applications. Article 18.- Examination of applications for thearrestof seagoing shipstosecurethesettlement ofmaritime claims 1. Withjn fortyeight hours after receiving an application for the arrest of a seagoing ship and enclosed documentsand evidence, thejudge shall examine ARe application and make one of the following decisions: alTo accept the application if finding that the conditions.for issuance of a decision to arrest the seagoing ship are fully met, and request the applicant to furnish a financial security for the application and pay an arrest fee; blTo return the application if finding that the conditions- for issuanceof a decision to arrest the seagoing ship are not fullymet or the handling of the application falls beyond the court's jurisdiction. 2. In case courts decideto return applications for me arrest of seagoing ships to secure the settlement of maritime claims, courts shall immediately hand or send these applications and enclosed documents and evidence back to applicants . Article 19.~ Complaints about decisions to return applications for the arrestofseagoing ships to secure the settlement of maritime claims, and the settlement thereof 1. Within twenty four hours after receiving a decision toretum his/her application for the arrest of a seagoing ship to secure the settlement of a maritime claim, the applicant may lodge a written complaint with the court president about that decision. 2. Within twenty four hours after receiving a written complaint about the decision to return the application for the arrest of a seagoing ship to secure the settlement of a maritime claim and enclosed documents and evidence, the court president shall make one of the following decisions: aJTo uphold the decision; bI To cancel the decision and receive once again the application and encloseddocuments and evidence before officially accepting the application for handling. 3. Court presidents' decisions to settle complaints are final. Article 20.~ Decisions to arrestseagoingships to secure the settlement ofmaritime claims 1. ludges shall promptly issue decisions to arrest seagoing ships to secure the settlement of maritime claims when arrest applicants produce receipts or documents evidencing the furnished . financial security for their applications for the arrestof seagoing ships specified in Clauses 1and 2 ofArticle 5, and the paid fee for the arrest of seagoing ships specified in Article 6 of this Ordinance. 2.Adecision toarresta seagoing ship to secure the settlement of a maritime claim has the following principal details: aJ Date of issuance; blName of the decision-issuing court; © VIETNAM LAW & LEGAL FORUM Issuenos 07.Q8ISeptember 2008 (Gong Baonos 553-5541October 2, 2(08) OFFICIAL GAZETTE 13 cI Name, address and nationality of the applicant for the arrest of the seagoing ship; dI Maritime claim giving rise to the right to apply for the arrest of the seagoing ship within the court's jurisdiction; eI 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; ff Name, address and nationality of the shipmaster; gJ Name, address and nationality of the ship owner; hi Name, address and nationality of the bareboat charterer or the ship operator; if Assessment by the court and legal grounds for the acceptance of the application; jf Decisions of the court. 3.Decisions to arrest seagoing ships to secure the settlementofmaritime claims take immediate effect even in case ofcomplaints or protests. 4. The court shall hand two copies of the decision to arrest a seagoing ship to secure the settlement ofa maritime claim to theport authority director for execution under Article 9 of this Ordinance; promptly send the decision to the Procuracy of the same level; issue or promptly send the decision to the applicant; and promptly send thedecision to the Consular Department of the Ministry ofForeign Affairs ofVietnam in case the seagoing ship under arrest involves foreign elements. Article 21.· Complaints or protests about decisions to arrest seagoing ships to secure the settlementofmaritime claims, and the settlement thereof I. Shipmasters, ship owners, bareboat charterers and ship operators may lodge written complaints with court presidents about decisions to arrest seagoing ships to secure the settlement ofmaritime claims. The timelimit for lodging a complaint is forty eight hours afterthe shipmaster receives thecourt decision, The procuracy of the same level may lodge written protests with the court president about decisions to arrest seagoing ships to secure the settlement ofmaritime claims, The time limitibr lodging a protest is forty eight hours after the procuracy of the same level receives the court decision. 2, Within forty eight boors after receiving 11 written complaint or protest about a decision to arrest a seagoing ship, the court president shall consider and settle it and make one of the following decisions: aJ To uphold the decision; hi To cancel thedecision. 3. Court president's decisions. 10 settle complaints or protests are [mal. Article 22.- Grounds for release of seagoing ships from arrest to secure the settlement of maritime claims 1. A seagoing ship arrested to secure the settlement of a maritime claim will be promptly released upon the existence ofany ofthefollowing grounds: © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos07..QB1September 2008 (Clmg 880nos 553-5WOcfober 2, 200B) aJ After the ship owner, charterer or operator furnishes substitute security or fully pays debts; bIThe property obligation of the ship owner, charterer or operator has been guaranteed by another party or insured with a warrant by a prestigious insurance organization. The Finance Ministry shall publicize the list of prestigious insurance 0 rganizations; d When the applicant for the arrest of the seagoingship so requests; d/ The decision to arrest the seagoing ship is cancelled; eI The period of arrest of the seagoing ship under the court decision expires. 2. Substitute security shall be agreed upon by the involvedparties.In case no agreementon the amount and form of substitute security can be reached 1;y the involved parties, the court shall decide on the amount and form of substitute security which must not exceed the value of the seagoing ship under arrest or the properly obligation being the ground for the arrest of the seagoing ship in case the property obligation is smaller than the value of the seagoing ship. Article 23.- Requests for the release of seagoingships fromarrest to secure the settlement ofmaritime claims 1. Upon the existence of any of the grounds specified at Points a, b and c, Clause I,Article 22 of this Ordinance, ship owners, charterers or operators, shipmasrers, applicants for the arrest of seagoing ships and other involved parties may request the release ofseagoing ships from arrest Requests for the release of seagoing ships from arrest must be made in writing. 2. A written request for the release of a seagoing ship from arrest has the following principal details: afDate of making; bI Name of the request-receiving court; cI Name and address of the requester; dI Name, nationality, lMO number, tonnage andotherspecificationsof theseagoingshipunder arrest; seaport wherethe seagoing ship under arrest is operating; eI Number and date of the decision to arrest the seagoing ship and the issuing court; f/Reason(s) for the releaseofthe seagoing ship from arrest; g/ Guarantee by the requester for the release of the seagoing ship from arrest Article 24.~ Sending of written requests for therelease ofseagoing ships from arrest to secure the settlement ofmaritime claims Requesters for the release of seagoing ships from arrest to secure the settlement of maritime claims shall send their written requests and encloseddocuments andevidencetocourts which have issued decisions to arrest these seagoing ships. Arlide25.- Decisions to releaseseagoing ships from arrest tc secure the settlement of maritime claims 1. Upon receiving written requests for the release ofseagoing ships from arrest to secure the settlement of maritime claims, court presidents © VIETNAM LAW & LEGAL FORUM Issue nos 07-o8JSeptember 2008 (Cong 880 nos 553·5541OctOOet 2, 2(08) OFFICIAL GAZETTE 15 shall assign a judge toproceed with the release of seagoing ships. 2. Within twenty four hours after receiving written requests for the release ofseagoing ships fromarrest to secure the settlement of maritime claims and enclosed documents and evidence, if considering these requests are grounded, judges assigned to proceed with the release of seagoing ships shall considerand issue decisions to release seagoing ships. In case of non-acceptance by reason of groundlessrequests,judges shallnotify such in writing to the release requesters, clearly stating the reason for non-acceptance of their releaserequests. 3.Adecision to release a seagoing ship from arrest to secure the settlementofa maritimeclaim has the following principal details: aIDate of issuance; hi Name of the decision-issuing court; cI Legal grounds for the court to issue the decision; d/ Name, nationality, IMO number, tonnage and other specificationsofthe seagoing ship under arrest; port where the seagoing ship under arrest is operating; eI Name, address and nationality of the ship owner; fl Name, address and nationality of the ship charterer or operator; gl Name, address and nationality of the shipmaster; hi Reason for the release of theship from arrest; if Decisions of the court. 4. Decisions to release seagoing ships from arrest to secure the settlement of maritime claims take immediate effect. 5. The court shall hand two copies of the decision to release a seagoing ship from arrest to secure the settlement of a maritime claim to the portauthority director for execution underArticle 9 of this Ordinance; promptly send thedecision to the procuracy of the same level, issue or promptly send the decision to the requester, and prompdy send the decision to the Consular Department of the Ministry ofForeignaffairs of Vietnam in case the seagoing ship under arrest involves foreign elements. Article 26.- Subsequent arrest of seagoing ships to ensure the settlement ofmaritime claims 1.A seagoing ship which has beenarrested to secure the settlement of a maritime claim. and releasedor for which a substitute securityhasbeen furnished for the maritime claim cannot be subsequently arrested on the basis of the same maritime claim, except in the following cases: aI The total value of the substitute security already furnished is still insufficient to fulfill the property obligation as it is smaller than the value of the released seagoing ship; hi The guarantorfor fulfillmentof thJproperty obligation on behalf of the ship owner, charterer or operator fails to or is unable to fulfill part or the whole of the guaranteed property obligation; cl The release of the seagoing ship or the cancellation of the substitute security has been effectedat therequestofthe applicant for the arrest © VIETNAM LAW & LEGAL FORUM 1ti OFFICIAL GAZETTE Issue nos07-D8ISeptember 2008 (GOng Bilanos 553·5541OctDber 2,2008) of the seagoing ship for justifiable reasons; d/The applicant for the arrest of the seagoing ship cannot prevent the release of the seagoing shipor thecancellationof the security thoughhe/ shelit has applied necessary measures. 2. Seagoing ships are not regarded as being released from arrest if their release is effected without.release decisions ofcompetent courts or theyescape from arrest,except thecasesspecified at Point d and e, Clause 1, Article 22 of this Ordinance. 3.Procedures forsubsequentarrestofseagoing ships to SECUre the settlement ofmaritime claims shall be carried out like procedures for the arrest of seagoing ships to secure the settlement of maritimeclaims specifiedin this Chapter. C/wpUrIlI PROCEDURES FOR THE APPLICATION OR CANCELLATION OF THE • PROVISJ.ONAL URGENT MEASURE OF ARREST OF SEAGOING SHIPS Artid.e 27.• Provisional urgent measure of arrest of seagoing ships The provisional urgent measure of arrest of seagoingships is a measureappliedin thecourse of handling civil cases under Clause 13, Article 102of the CivilProcedureCode. Article 28.~The right torequest the application of the provisional urgent measure of arrest of seagoing ships In the course of handling civil cases, involved parties and their lawful representatives may request courts handling these cases to apply the provisional urgent measure ofarrest of seagoing ships inorder to temporarily satisfy urgentclaims ofinvolved parties, protect evidence and maintain the current status, thereby avoiding irrecoverable losses or assuring the enforcement ofjudgments in any of the cases specified in Article 29 of this Ordinance. Arlicle 29.- Conditions for application of the provisional urgent measure of arrest of seagoing ships Upon receiving an application for the arrest of a seagoing ship underArticle 28 ofthis Ordinance, a court shall decide to apply theprovisional urgent measure of arrest of the seagoing ship in the following cases: 1. The seagoing ship is under arrest to secure the settlement of a maritime claim and the applicant for arrest of the seagoing ship has instituted a civil lawsuit at the court; 2. The ship owner has the propertyobligation in the case currently handled and still owns the ship at the time of application of the provisional urgent measure ofarrest of the seagoing ship; 3. The bareboat charterer, time charterer, voyage chartereror ship operator has the property obligation in the civil case arising from a maritime claim specified in Article 11 of this Ordinance and is still the bareboat charterer, time charterer, voyage charterer, ship operator or the ship owner at the time ofapplication ofthe provisional urgent measure ofarrest of the seagoing ship; © VIETNAM LAW & LEGAL FORUM Issue nos 07.Q8fSepiember 2008 (Cong BaD nos 553-554IOclober 2, 2008) OFFICIAL GAZETTE 17 4.Adispute currently settled in the case arises from the mortgage of the seagoing ship; 5. A dispute currently settled in the case is related to the right to ownership or possession of the seagoing ship. Article 30.~ Applications for the provisional urgent measure of arrest of seagoing ships I. Applicants for the provisional urgent measure of arrest of seagoing ships shall file applications. 2. An application for the provisional urgent measure of arrest of a seagoing ship contains the following principal details: af Date ofmaking; hi Name of the application-receiving court; cl Name, address and nationality of the applicant; dJ Name, nationality, IMQ number, tonnage and other specifications of the seagoing ship the arrest of which is applied for, seaport where the seagoing ship is operating; el Name, address and nationality of the shipmaster; fJ Name, address and nationality of the ship owner; gI Name, address and nationality of the ship chartereror operatorincaseofaclaimfor payment by the ship charterer or operator; hi Specific dispute currently settled in the case and the maximum value of this dispute; if Reason for the application ofthe provisional urgent measure of arrest of the seagoing ship; jl Anticipated loss or damage likely to be caused by the wrongful application for the provisional urgent measure of arrest of the seagoing ship; kI Guarantee of the applicant; V Number and date of issuance and contents ofthe court decision to arrest the seagcmg ship to ensure the settlement ofa maritime claim (ifany). 3. In case applicants for the provisional urgent measure do not know accurately and fully the contents specified at Points, e, f and g Clause 2 of this Article, they shall write down what they know related to those matters in theirapplications. Article 31.~ Sending of applications for the provisional urgent measure of arrest ofseagoing ships and enclosed documents and evidence Applicants for the provisional urger.tmeasure of arrest of seagoing ships shall send their applications and enclosed docutnents and evidence to courts currently handling -the cases. Article 32.- Receipt of applications for the provisional urgent measure of arrest of seagoing ships I. Upon receiving application'S for the provisional urgent measure of arrest of seagoing ships and enclosed documents and evidence, courts currently handling the cases shan record their receipt in application receipt books. 2. In case the court currently handling the case is competent to decide to arrest seagoing ships © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue nos07008I5eptember2lJQ8 (Cong /l;jo nos 55J.5541October 2, 20(8) defined in Clause 2, Article 3 of this Ordinance, it shall handle an application and enclosed documentsand evidence as follows: alIt shallimmediately transfertheapplication andencloseddocumentsand evidence to a judge assigned to handle the case if it receives them before the. openingof a trial session; bllt shallimmediately transfertheapplication andencloseddocumentsandevidence to the trial panel if itreceives them during the trial. Artie/' 33.• Examination of applications for the provisional urgent measure of arrest of seagoing ships 1. Within three days after receiving an applicationfor the provisionalurgentmeasureof arrestofa seagoingshipandencloseddocuments and evidence, the judge shall examine the application and make one of the following decisions: aJTo accept the application for handling if finding that the conditions for issuance of a decision an the application of the provisional urgent measure of arrest of the seagoing ship are fully met and, at the same time, request the applicant ro furnish a financial security and pay an arrest fee within the time limit set by the court instead of the time limit specified in Articles 5 and 6 of this Ordinance. When the applicant produces receipts and documents proving he/she/it has furnished the financial security and paid the arrest fee, the judge shall immediately issue a decision to apply the provisional urgent measure of arrest of the seagoing ship; bl To return the application and enclosed documents and evidence if finding that the conditions for issuance ofa decision to apply the provisional urgent measure of arrest of the seagoing ship are not fully met. 2. After receiving applications for the provisional urgent measure of arrest of seagoing ships and enclosed documents and evidence, the trial panel shall immediately examine them and make one of the decisions specified in Clause I of thisArticle. 3.In caseofdecision to returnapplications for provisional urgent measure ofarrest of seagoing ships, the court shall immediately issue or send their decisions together with applications and enclosed documents and evidence to applicants. The trial panel shall publicly announce decisions to return apply the application of the provisional urgent measure ofarrest of seagoing ships at trial sessions and record the announcement in trial session minutes. Article 34.- Complaints and protests about decisions to return applications for the provisional urgent measure of arrest of seagoing ships, and the settlement thereof 1. Within three working days after receiving decisions to returnapplications for the provisional urgent measure of arrest of seagoing ships, applicants may lodge complaints about these decisions with court presidents. 2. Within threeworking days afterreceiving a complaint about a decision toretum anapplication for the provisionalurgent measure of arrest of a © VIETNAM LAW & LEGAL FORUM Issue nos07.Q8/September 2008 (C6ng BaD nos 55US41Ocfober 2, 2/XIII) OFFICIAL GAZETTE 19 seagoing ship and enclosed documents and evidence, the court president shall make one of the followingdecisions: aJ To uphold the decision; hi To cancel the decision and receive once again the application for the provisional urgent measureof arrestof a seagoingshipandenclosed documents and evidence before officially acceptingthe application. 3. After being notifiedof a decision to return theapplicationfor theprovisional urgentmeasure of arrestof a seagoingshipat the trialsession,the applicantmaylodgea complaintor theprocuracy may make a protest about that decision with the trial panel and that complaint or protest shall be recorded in the trial session minutes. The trial panel shall immediately settle the complaint or protest and make one of the decisions specified in Clause 2 of thisArticle. 4. Court presidents' decisions to settle complaints and trial panels' decisions to settle complaintsor protestsare final. Article 35.~ Decisionsto applytheprovisional urgentmeasureof arrestof seagoingships 1. A decision to apply the provisionalurgent measureof arrestof a seagoingshipmust contain the followingprincipaldetails: aJ Date of issuance; hi Name of thedecision-issuing court; cl Name, address and nationality of the applicant for the provisional urgent measure of arrest of a seagoingship; d/ Reason for theapplication of theprovisional urgentmeasure of arrest of a seagoingship; eI Name, nationality, IMO number, tonnage and other specifications of the seagoingship the arrest of which is applied for; seaport where the seagoingship is operating; fl Name, address and nationality of the shipmaster; gJ Name, address and nationalityof the ship owner; hi Name, address and nationality of the bareboatchartereror ship operator; if Assessmentby the court and legal grwttds for acceptanceof the application; jI Decisionsof thecourt. 2. Decisions to apply the provisionalurgent measureofarrestof seagoing shipstakeimmediate effecteven in case of complaintsor protests. 3. The court shall hand two copies of the decision to apply theprovisionalurgenrrneasure of arrest of a seagoing ship to the port authority director for execution under Article 9 of this Ordinance; promptly send the decision tD the prccuracy of the same level; issue or promptly send the decision to the applicant;andpromptly send the decision to the Consular DepaI1ment of theMinistryofForeignAffairsofVietnamincase the seagoing ship under arrest involves foreign elements. Article 36.- Complaints and protests about decisionsto applytheprovisionalurgentmeasure of arrest of seagoing ships, and the settlement © VIETNAM LAW & LEGAL FORUM 20 OFFICIAL GAZETTE Issue nos07.Q8lSeptember 2008 (GOng /lila /lOS55O-554IOciober 2,20(8) thereof 1. Shipmasters, ship owners, charterers or operators may lodge written complaints about decisionsto applytheprovisionalurgentmeasure of arrest of seagoing ships with court presidents. The time limit for lodging a complaint is three working days aftertheshipmasterreceivesa court decision The prccuracy of the same level may make written protests about decisions to apply the previsional urgent measure of arrest of seagoing ships withthe courtpresident.The time limitfor making a protest is three working days after the Procuracy of the same level receives a court decision. 2. Witttin three working days after receiving written a complaint or protest about a decision to apply theprovisional urgentmeasureof arrestof a seagoing ship,thecourtpresidentshallconsider and settle the complaint or protest and make one of me following decisions: alTo uphold the decision; hlTocancel the decision. 3. At a. trial session, the settlement of complaints or protests falls under the jurisdiction of the trial' panel. The trial panel shall consider and settle them, and make one of the decisions specified in Clause 2 of this Article. 4. Decisions of court presidents or trialpanels to settle complaints or protests are final. Article 37.- Grounds for cancellation of decisions toapply the provisionalurgent measure of arrest of seagoing ships Decisions to apply the provisional urgent measure of arrest of seagoing ships shall be cancelled when the conditions for application of the provisional urgent measureno longer exist or at the request of applicants for the provisional urgent measure ofarrest of seagoing ships. Article 38.- Requests for cancellation of decisionsto apply theprovisionalurgentmeasure of arrest of seagoing ships 1. The following persons may request in writing the cancellation of a decision to apply the provisionalurgentmeasureof arrestofa seagoing ship: aJ Applicant forthe provisionalurgentmeasure of arrest of a seagoing ship; hi Shipowner,chartereroroperator, shipmaster and other related parties, in case the conditions for application of theprovisional urgentmeasure no longer exist. 2. A written request for the cancellation of a decision to apply the provisional urgentmeasure of arrestof a seagoingship contains the following principal details: a/ Date of making; hi Name of the request-receiving court; cI Name and address of the requester, dJName, nationality, IM:O number, tonnage and otherspecificationsof theseagoingshipunder arrest; seaportwhere theseagoingshipunderarrest is operating; eI Number and date of the decision to apply © VIETNAM LAW& LEGAL FORUM Issue nos 07-D8JSeptember 2008 (GongBaonos~ 2, 2(08) OFFICIAL GAZETTE 21 the provisional urgent measure of arrest of a seagoing ship, and the issuing court; f! Reason for the cancellation of the decision to apply the provisional urgent measure of arrest ofa seagoing ship; Article 39.- Sending of written requests for cancellation ofdecisions to apply the provisional urgent measure of arrest of seagoing ships Requesters for cancellation of decisions to apply the provisional urgent measure ofarrest of seagoing ships shaH send their written requests and enclosed documents and evidence to courts which have issued these decisions. Article 40.- Handling of written requests for cancellation ofdecisions to apply the provisional urgent measure ofarrest of seagoing ships In case a court currently handling the case receives a written request for the cancellation ofa decision to apply the provisional urgent measure of arrest of a seagoing ship, it shall handle that written request as follows: I. Immediately transferring it to the judge assigned to handle the case, for written requests received before the opening of the trial session; 2. Irrunediately transferring it to the trial panel currently trying the case, for written requests received during the trial. Article 41.- Decisions on cancellation of decisions to apply the provisional urgent measure ofarrest of seagoing ships 1. Upon receiving a written request for the cancellation ofadecision to apply the provisional urgent measure of arrest of a seagoing ship and enclosed documents and evidence, the judge assigned to handle or the trial panel currently trying the case shall consider andissue a decision to cancel the decision to apply the provisional urgent measure of arrest of a seagoing ship if finding that grounds for that decision are sufficient. In case ofnon-acceptance ofthe written request, the judge or the trial panel shall notify in writing the requester of the reason for non­ acceptance. 2.A decision to cancel a decision to apply the provisional urgent measure ofarrestofaseagoing ship contains the following principal details: aJ Date of issuance; bI Nameof the decision-issuing cQUIt; d Legal grounds for the court to issue the decision; dJ Name, nationality, IMO number tormage and other specifications of the seagoing ship the arrest of which is applied for; seaport where the seagoing ship is operating; eI Number and date of the decision 10 apply the provisional urgent measure of arrest of a seagoing ship and the issuing court; fJ Name, address and nationality of &he ship owner; gI Name, address and nationality of the ship charterer or operator; hi Name, address and nationality of the shipmaster; if Reason for the cancellation of the decision to apply the provisional urgent measure ofarrest of a seagoing ship; © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue nos07.()8JSeptember 2008 (C6ng BaD nos 553-554!Ociober 2, 2008) jI Decisions of the court. 2. Decisions to cancel decisions to apply the provisional urgent measure of arrest of seagoing ships take immediate effect. 3. The court shall hand two copies of the decision to cancel a decision to apply the provisionalurgentmeasureof arrestof a seagoing ship to the port authority director for execution under Artltle 9 of this Ordinance; promptly send the decision to the procuracy of the same level; issue or promptly send the decision to the applicant, and promptly send the decision to the Consular Department of the Ministry of Foreign AffairsofVietnam in case the seagoing ship tobe released involves foreign elements. Article 42.- Application of the provisional urgentmeasureof arrestof seagoingshipsin case arbitrationcenters settle disputes In thecourseof having theirdisputesettledby anarbitrarioncenter.theinvolvedpartiesandtheir lawful representatives may request a competent court defined in Clause 2, Article 3 of this Ordinance to decide to apply the provisional urgent measure of arrest of seagoing ships. Procedures for deciding on the application of the provisional urgent measure of arrest of seagoing ships comply with the provisions of this Chapter. Chapter IV PROCEDURES FOR THE ARREST OF SEAGOING SHIPS, RELEASE OF SEAGOING SHIPS FROM ARREST FOR ENFORCEMENT OF JUDGMENTS Artiele 43.- The right to apply for the arrest of seagoing ships for enforcement of judgments Through competent civil judgment enforcement bodies, parties in favor of whom judgments areenforced under Vietnameselaw on civil judgment enforcement may request competent courts specified in Clause 1,Article 3 of thisOrdinance to decide to arrestseagoingships for enforcement ofjudgments. Article 44.~ Conditions for arrest of seagoing ships for enforcement of judgments 1. Upon receiving an application for thearrest of a seagoing ship for enforcement of ajudgment specified in Article 43 of this Ordnance, a court shall decide to arrest the seagoing ship in the fonowing cases: atThe ship owner is thepartyagainst whom a property judgment is enforced and still owns the ship at the time of its arrest, bl The bareboat charterer, time charterer, voyage charterer or ship operator is the party against whom a property judgment in acivil case arisingfrom a maritime claim specified in Article 11 of this Ordinance and still the bareboat charterer, time charterer, voyage charterer, ship operator or the ship owner at the time of arrest; cI The obligation to comply withthe property judgment is secured by the mortgage of the seagoing ship; d1The obligation tocomply withthejudgment means the obligatory return of the seagoing ship to the party in favor of whom the judgment is enforced. 2. Courts shan only decide to arrest seagoing © VIETNAM LAW & LEGAL FORUM Issue nos 07.(181September 2008 (GOng IMo nos 553-554IOcfaber 2,2008) OFFICIAL GAZETTE 23 ships for enforcement of judgments when civil judgment enforcement bodies cannot apply the measure of property attachmentor othercoercive measures for enforcement of judgments, except the cases specified at Points c and d, Clause 1of this Article, or parties against whom judgments are enforced reside in foreign countries and have no other property in Vietnam. Article 45.- Applications for the arrest of seagoing ships for enforcement ofjudgments 1. Applicants for the arrest of seagoing ships for enforcement of judgments shall make applications and file them together with copies of court judgments or decisions or arbitral awards. 2. An application for the arrest of a seagoing ship for enforcement ofa judgment must contain the following principal details: af Date ofmaking; bl Name of the application-receiving civil judgment enforcement body; cl Name, address and nationality of the applicant; dI 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; el Name, address and nationality of the shipmaster; fI Name, address and nationality of the ship owner; gI Name, address and nationality of the bareboat charterer or ship operator in case of a claim for payment by the ship charterer or operator; hi Property obligation subject to enforcement of a court judgment or decision or an arbitration award; iJReason for the arrest of the seagoing ship; j/ Anticipated loss or damage likely to be caused by the wrongful application for tre arrest of the seagoing ship. 3.In caseapplicantsfor the arrestuf seagoing ships for enforcement of judgments do not accurately and adequately know the details specified at Point e, f and g, Clause 2 of this Article, they shall write down what they know related to those details. Arlicle46.- Filing ofapplications for the arrest of seagoing ships for enforcement~ judgments and enclosed docwnents and evidence Applicants for the arrest ofseagoing ships for enforcement of judgments shall file tbeir applications and enclosed documents and evidence withcivil judgment enforcementbodies competent to enforce judgments for transfer to competent courts specified in Clause 1, Article 3 of this Ordinance. Article 47.- Receipt of applications for the arrest of seagoing ships for enforcement of judgments I. Upon receiving applications for the arrest of seagoing ships for enforcement of judgments and enclosed documents and evidence, civil judgment enforcement bodies shall record them in application receipt books and notify in writing the transfer of these applications and enclosed © VIETNAM LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue nos 07..Q8ISeptember2008 (COng BaD nos 553-554IOctober 2, 2(08) documents and evidence to courts competent to decide to arrestseagoingshipsspecifiedin Clause 1, Article 3 of this Ordinance. Written notices of application transfer must clearly state reasons for the failure to apply the measure of property attachment or other coercive measures for enforcement of judgments. 2. Upon receiving written notices of application transfer from civil judgment enforcementbodiestogetherwithapplications for the arrest of seagoing ships and enclosed documents and evidence, courts competent to decide to arrestseagoingshipsspecifiedin Clause 1,Article3 of this Ordinance shallrecord themin applicationreceipt books. Court presidents shall immediately assignajudge tohandleapplications. Article 48.- Examination of applications for the arrest of seagoing ships for enforcement of judgments. 1. Within forty eight hours after receiving documents specified in Clause 2, Article 47 of this Ordinance, the judge shall examine the appHcation and make one of the following decisions. afTo accept the application for the arrest of a seagoing ship for enforcement of a judgment if finding that the conditions for issuance of a decision to arrestthe seagoingship are fullymet, and request the applicant to furnish a financial security for the applicationand pay an arrest fee, except cases in which a financial security is not required; b'To return the application for the arrest of a seagoing ship for the enforcement of a judgment if finding that the conditions for issuance of a decision to arrest the seagoing ship are not fully metor thehandlingof theapplication fallsbeyond the court's jurisdiction. 2. In case courts decide to return applications for the arrest of seagoing ships for enforcement of judgments, courts shall send theirdecisions to competent civil judgment enforcement bodies; immediately issueor send thesedecisions together with applications and enclosed documents and evidence to applicants. Article 49.- Complaints or protests about decisions to return applications for arrest of seagoingshipsforenforcementofjudgments, and the settlement thereof 1. Within twenty four hours after receiving a decision to the return hislher application for the arrest of a seagoingship for the enforcementof a judgment, the applicant may lodge a written complaint or the competent civil judgment enforcementbody may make a protestabout that decisionwith the court president.Complaintsand protests must be made in writing. 2. Within twenty four hours after receiving a writtencomplaint or protest about thedecision to return the application for the arrest of a seagoing , ship forenforcement of ajudgment and enclosed documentsand evidence,thecourtpresidentshall make one of the following decisions: aI To uphold the decision; hi To cancel the decision and receive again the application and enclosed documents and evidence before officially accepting the © VIETNAM LAW & LEGAL FORUM Issue nos 07-G8ISeptember2008 (Gong Bsonos 553-554IOctober 2, 2008) OFFICIAL GAZETTE 25 application for the arrest of seagoing ship. 3. Court presidents' decisions to settle complaints or protests are final. Article 50.- Decisions to arrest seagoing ships for enforcement of judgments 1. Judges shall promptly issue decisions to arrest seagoing ships for enforcement of judgments when applicants produce receipts or documents evidencing the furnished financial security for their applications for the arrest of seagoing ships specified in Clauses 1and 2,Article 5, except in cases a financial security is not required, and the paid fee for the arrest specified in Article 6 of this Ordinance. 2. A decision to arrest a seagoing ship for enforcement of a judgment has the following principal details: aIDale of issuance; bI Name of the decision-issuing court; cl Name, address and nationality of the applicant for the arrest of the seagoing ship for enforcement of a judgment; dI Reason for the arrest of the seagoing ship for enforcement ofa judgment; eI Name of the civil judgment enforcement body competent to enforce the judgment; fJ 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; gI Name, address and nationality of the shipmaster; hi Name, address and nationality of the ship owner; il Name, address and nationality of the bareboat charterer or the ship operator; jI Assessment by the court and legal grounds for the acceptance of the application; kI Decisions of the court. 3. Decisions to arrest seagoing ships for enforcement of judgments take immediate effect even in case ofcomplaints or protests, 4. The court shall hand two copies of the decision to arrest a seagoing ship for-enforcement of a judgment to the port authority director for execution under Article 9 of this Ordinance; promptly send the decision to the precuracy of the same level; issue or promptly send the decision to the applicant and the competent civiljudgment enforcement body; andpromptly send the decision to the Consular Department of the Ministry of Foreign Affairs of Vietnam in case the seagoing ship under arrest involves foreign elements. Article 51.- Complaints or protests about decisions to arrest seagoing ships for enforcement of judgments, and the settlement thereof 1. Ship owners, charterers, operators and shipmasters may lodge written complaints with court presidents about decisions to arrest seagoing ships for enforcement of judgments. 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 for enforcement © VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETTE Issyenos07..Q81September 2008 rC6ng saonos 553-554/Qclober 2, 2008) ofjudgments. The time limitfor lodginga protest is fortyeighthoursaftertheprocuracy of thesame 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 for enforcement of a judgment, the court president shall consider and settle it and make one of the following decisions: alTo uphold the decision; blTo cancel the decision. 3. COurt presidents' decisions to settle complaint! or protestsare finaL Artid~ S2.~ Grounds for release of seagoing ships arrested for enforcement of judgments I. Aseagoing shiparrested for theenforcement of ajudgment willbe promptly released upon the existenceof anyof the following grounds: aIAfter the ship owner, charterer or operator against: whom a judgment is enforced furnishes substitute. security or fulfill the obligation to corrply w~ thejudgment; blThe property obligation of the ship owner, charterer or operator has been guaranteed by another party or insured with a warrant by a prestigious insuranceorganization. cI When the applicant for the arrest of the seagoing shipso requests; 2. Substitute security shall be agreed uponby the involved parties. In case no agreement on the amount of substitute security can be reached by theinvolved parties, Ihecourt shall decide on the amount andformof substitute securitywhichmust not exceed the value of the seagoing ship under arrest or the property obligation serving as the ground for the arrest of the seagoing ship in case the property obligation is smaller than the value of the seagoingship. Article 53.-Requests for release of seagoing ships arrested for enforcement of judgments 1.Upon the existence of any of the grounds specifiedin Clause I,Article 52 of thisOrdinance, ship owners, charterers or operators, shipmasters and other involved parties mayrequest inwriting therelease of seagoingshipsarrestedenforcement of judgments. 2.Awrittenrequestforthereleaseof a seagoing ship must have the following principal details: a1 Date of making; hi Name of therequest-receiving court; cI Name and address of therequester; dJ Name, nationality, IMO number, tonnage andotherspecificationsof theseagoingshipUDder arrest; seaportwheretheseagoingshipunderarrest is operating; e/ Number and date of the decision to arrest the seagoing ship, and the issuing court; ff Reason(s) for the requested release of the seagoing ship from arrest; Artide 54.- Sending of written requests for releaseofseagoingshipsarrestedfor enforcement of judgments Requesters for the release of seagoing ships arrested for enforcement of judgments shall send © VIETNAM lAW & lEGAL FORUM Issue nos 07-D8ISeptember 2008 (GOng BaD "'" 55J.5541Odober 2, 2008) OFFICIAL GAZETTE their written requests and enclosed documents and evidence to courts which have issued decisions on the arrest of these seagoing ships. Article55.-Decisions to release seagoing ships arrested for enforcement ofjudgments 1. Upon receiving written requests for the releaseofseagoing ships arrested for enforcement ofjudgments, courtpresidents shall assign a judge to proceed with the release of seagoing ships. 2. Within twenty four hours after receiving written requests for the release ofseagoing ships arrested for enforcement of judgments and encloseddocuments and evidence, if finding these requests are grounded,judges assigned to proceed with the release of seagoing ships shall consider and issue decisions to release seagoing ships. In case of non-acceptance by reason of groundless requests, judges shall notify such in writing to the release requesters, clearly stating the reason for non-acceptance ofrelease requests. 3.Adecision torelease a seagoing ship arrested for enforcement ofa judgment has the following principal details: aJ Date of issuance; bI Name of the decision-issuing court; cI Legal grounds for the court to issue the decision; dI 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; eI Name, address and nationality of the ship owner; f! Name, address and nationality of the ship charterer or operator; gl Name, address and nationality of the shipmaster; hi Reason for the release ofthe ship fromeresr, if Decisions of the courts. 4. Decisions to release seagoing ships anested for enforcement of judgments take immediate effect. 5. The court shall hand two copies of the decision to release a seagoing ship arrested for enforcement of a judgment to the port-authority director for execution under Article 9 of this Ordinance; promptly send the decision to the procuracy of the same level; issue or promptly send the decision to the requester and the competentcivil judgment enforcementbody;and promptly send the decision to the Consular Department of the Ministry ofForeignAffairs of Vietnam in case the seagoing ship to bereleased from arrest involves foreign elements. ChopterV PROCEDURES FOR THEARRE:;T OF SEAGOING SHIPS OR RELEASE Of SEAGOING SHIPS FROM ARREST TO PROVIDE MUTUAL LEGAL ASSISTANCE Section 1. GIVING OF JURISDICTION TO FOREIGN COURTS TOARREST SEAGOING SHIPS © VIETNAM LAW & LEGAL FORUM 28 OFFICIAL GAZETTE Issue nos 07.()8fSeptember 2008 (Cong BaD nos 55J.554IOctober 2,2008) Article 56.- Giving of jurisdiction to foreign courts to arrest seagoing ships 1.In the course of handlinga case ala court or settling a dispute at an arbitration center, if there is an application for thearrest of a seagoing ship, a competent Vietnamesecourt defined in Clause 2.Article3of thisOrdinance maygivejurisdiction to a competent foreigncourt toarrestthat seagoing ship. 2. Vietnamese courts shall give jurisdiction to foreign courts to arrest seagoing ships under Vietnamese.law and treaties to which theSocialist Republic of Vietnam is a contracting party, or on theprinciple ofreciprocity. Artkle 57.- Documents to give jurisdiction A document to give jurisdiction to arrest a seagoing ship contains the following principal details; 1. Date andplace of making; 2. Name and address of Vietnamese court giving thejurisdiction; 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 or operator; 7. Reason fer the giving ofjurisdiction 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 VietnameseJusticeMinistIy. A jurisdiction-giving dossier must consist of the following documents: aI The competent Vietnamese court's written request for the giving of jurisdiction to arrest a seagoing ship; bI 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 ofgiving ofjurisdiction to arrest a seagoing ship, the Justice Ministry shall record it jn the jurisdiction giving book, inspect the legality of the dossier and transfer it to a competentcourtof 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 caseofan invalid dossier, the Justice Ministry shall return it to the court that has made it, clearly stating the reason. © VIETNAM LAW & LEGAL FORUM Issue nos 07.Q8fSeptember 2008 (Cong Bao nos 553-554IOdober 2,2008) OFFICIAL GAZETTE 29 3. Within five working days after receiving competent foreign courts' written notices of results ofexercise 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 BYFOREIGN COURTS TO ARREST SEAGOING SHIPS Article59,· Principleofmutuallegalassistance in respect of arrest of seagoing ships L 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 ofseagoing ships, themutual legal assistance in respect of arrest of seagoing ships may be accepted by Vietnamese courts on the principle of reciprocity, provided it isnotcontrary to Vietnamese law and intemationallaw 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 RepublicofVietnam is a contracting party or on the principle ofreciprocity. 2. Vietnamese courts may refuse to exercise the jurisdiction given by foreign courts to arrest seagoing ships in the following cases: aI The exercise of the jurisdiction to arrest seagoing ships infringes upon the sovereignty or is detrimental to Vietnam's security; bJ 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 I. The giving by foreign courts to Vietnamese courts ofjurisdiction to arrestseagoingships 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 thegivingof jurisdiction to arrest seagoing ships, the Vietnamese Justice Ministry shall immediately forward them to Vietnamese courts competent to arrest seagoing ships specified in Clause I,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 © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 07.Q8lSeptember 2008 (COng Baonos 553-554IOctober 2, 2(08) details: 1.Date and place of making; 2.Nameandaddressof the foreigncourtgiving the jurisdiction; 3. Name and address of the Vietnamesecourt to exercise the given jurisdiction; 4. Name, nationality, IMO number, tonnage and otherapeotficationsof the seagoing ships the arrest of which is applied for; seaport where the seagoingship is operating; 5. Name, address and nationality of the ship owner; 6. Name, address and nationality of the ship charterer or operator; 7.Reasonforthe givingofjurisdictionto arrest the seagoing ship; 8. Period of the arrest; 9. party liable for loss or damage caused by tile wrongful application for the arrest of the seagoingship, ~ 63.- Receipt of documents to give jurisdiction to arrest seagoing ships 1. Upon receiving documents to give jurisdicl:icn to arrest seagoing ships and enclosed documents and evidence, the VietnameseJustice Ministry shall record their receipt in document receiptbooks andsend writtennoticesof transfer of the documents and enclosed documents and evidence to courts competent to decide to arrest seagQing 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 immediately assign a judge to handle documents to give jurisdiction to arrest seagoing ships. Article 64.- Examination ofdocuments 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: aJ To accept the document if finding that it adheresto 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 ofmutnallegal assistance or the principles of exercise of given jurisdiction to arrest seagoing ships, or if the handling of this document falls beyond the competence ofhis/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 © VIETNAM LAW & LEGAL FORUM Issue nos07.()8JSeptember 2008 (06ng eeonos 55:M54IOctober 2,2(08) OFFICIAL GAZETTE 31 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 ofseagoing ships produce receipts or documents evidencing that they have furnished the financial security for their applications specified in Clauses 1and 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: aJ Date of issuance; b/ Name of the decision-issuing Vietnamese court; cI Name of the jurisdiction-giving foreign court; dI Name, address and nationality of the applicant for the arrest of the seagoing ship under the jurisdiction given by the foreign court; eI Reason for the application for the arrest of the seagoing ship; fJ 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; gI Name, address and nationality of the ship owner; hi Name, address and nationality of the shipmaster, if Name, address and nationality of the ship charterer or operator; jI Assessment by the court and legal grounds for the acceptance of the document to give jurisdiction to arrest the seagoing ship; kf Decisions of the court. 3, Decisions to arrest seagoing ships.under the jurisdictiongiven by foreign courts takeUnmediate effect even in case of complaints orprotests. 4. The court shall hand two copes of the decision to arrest a seagoing ship under the jurisdiction given by a foreign court to the )X)I1: authority director for execution under-article9 of this Ordinance; and promptly send thedecision to the Justice Ministry andthe 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, ship owners, charterers or operators may lodge written complaints withcourt presidents about decisions to arrest seagoingships under thejurisdiction given by foreign courts. TIle 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 jurisdictiongiven by foreign courts. The time limit © VIETNAM LAW & LEGAL FORUM 32 OFFICIAL GAZETTE Issue nos 07-(l8JSeptember 2008 (COng Bilo nos 553·554'Ocfober 2, 2008) for lodging a protest is forty eight hoursafter 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 arresta seagoing shipunder thejurisdictiongiven by a foreign court, the court president shall consider dod settle it and make one of the followingdecisions: alTo uphold the decision; br'Iocencel 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 Aseagoingshiparrestedunderthe jurisdiction givenbyaforeigncourt shall be promptlyreleased 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 '!hejurisdiction to arrest the seagoing ship. Article 68.- Requests for the release of seagoing ships fromarrest WIdergivenjurisdiction 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 foe the release of a seagoing ship from arrest under given jurisdiction must have the following principal details: aJ Date ofmaking; bl Name and address of the foreign court requesting the release of the seagoing ship from arrest; c/ Name of the request-receiving Vietnamese court; dI Name, nationality, IMO number, tonnage and other specifications ofthe seagoing ship under arrest; seaport where the seagoing ship WIder anest is operating; eI 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 ofseagoing ships from arrest under the jurisdiction given by them and enclosed documentsand evidence to theVietnamese Justice Ministry for subsequent transfer thereof to courts that have issued decisions to arrest these seagoing ships. Article70.·Decisions to release seagoing ships from arrest under given jurisdiction © VIETNAM LAW & LEGAL FORUM Issue nos 07.Q8/September 2008 (C6ng BaD nos 553-5541OckJber 2, 2008) OFFICIAL GAZETTE 33 1. Upon receiving a written request for the release ofa 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 givenjurisdiction and enclosed documents and evidence, if considering that request is grounded, the judge assigned to proceed with the releaseofthe seagoing ship shall consider and issue a decision to release the seagoing ship. In case ofnon-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: aI Date of issuance; bI Name of the decision-issuing Vietnamese court; c/ Legal grounds for the court to issue the decision; dI Name, nationality, IMO number, tonnage and other specifications of the seagoing ship to be released from arrest; port where theseagoing ship is to be released from arrest; eI Name, address and nationality of the ship owner; fJ Name, address and nationality of the ship charterer or operator; gl N arne, address and nationality of the shipmaster; h1Reason for the release ofthe ship from arrest; if 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 Ministryand the procuracy of the same level. CIwpterVI IMPLEMENTATION PROVISIONS Article 71,- Effect This Ordinance takes effect on July 1, 2<X>9. Ankle 72.- hnplementation guidance The Govenunent, the Supreme People's Court and theSupremePeople's Procuracy roan, within the ambit of their functions and tasks guide the implementation of this Ordinance. Onbehalfof the National Assembly Standing Committee Chairman NGUYEN PHU TRONG © VIETNAM LAW & LEGAL FORUM