Circular No. 46/2011/TT-BGTVT on grant and withdrawal of certificates of insurance or financial security under the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

6 OFFICIAL GAZETTE Issue nos03·051July 2011 (Gong Bao nos 411412/July 21,2011) Part I. LEGAL DOCUMENTS THE MINISTRIES THE MINISTRY OF TRANSPORT Circular No. 4612011ITT·BGTVT of-- .June 39,VZO11,on grant and WIthdrawal of certifD:ates of insurance or financial securi~ndcr the 2001 International Convalion on Civil Liability for Bunker1Jil Pollution Damage ..r PunTt'l'int to the Vietnam Maritime Code oj June 14,:'1005, PursrT!QU to the Government's Decree No. '" 1f2(XNJ(t'fD-CP ofApril ZZ, 2008, defining the junctiol'Cr. tasks, powers and organizational ~tnJrtu""'f"!ftlu: Ministry of Transport; Purstmnt to the 200/ International Convention on Civil Liability for Bunker Oil Pollution. Damage to which Vietnam is a contracting party; The M1?listerojTransport provides the grant and wit!Jdrawal ojcertificates of insurance or financial security under the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage as follows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Circular provides [he grant of certificates of insurance or financial security of civil liability for bunker oil pollution damage under the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (below referred to as the Bunker Convention 2001). Article 2. Subjects of application This Circular applies to Vietnamese and foreign organizations and individuals involved in the grant and withdrawal of certificates of insurance or financial security of civil liability for bunker oil pollution damage under the Bunker Convention 2001. ChapterJI GRANT AND WITHDRAWAL OF CEKllFICAlES OF INSURANCE OR FINANCIAL SECURITY OF CIVIL 1.1AHn.1TY FOR HUNKER OIL POLLUTION DAMAGE Article 3. Certificates of insurance or financial security of civil liability for bunker oil pollution damage 1. Certificates of insurance or financial security of civil liability for bunker oil pollution damage (below referred to as certificates) shall be granted by the national ship registry or regional ship registries (below referred to as ship registries) specified in Article 10 of this Circular to attest that insurance or other financial security is in force and complies with the requirements provided in Article 7 of the Bunker Convention 2001. 2. The validity duration of a certificate corresponds to the validity duration of the e VIETNAM LAW &LEGAL F Issuenos03.0S/July 2011 (Cong Baa nos 411-4121Jufy 21, 2011) OFFICIAL GAZETTE 7 insurance policy or financial security certificate granted to the ship. J. A certificate shall be granted in 1 (one) original to the ship owner and I (one) copy to be kept at the ship registry. Article 4. Ships eligible for certificates 1. Vietnamese ships with u gross tonnage of over 1,000 CiT operating on international routes. 2. Vietnamese ships with a gross tonnage of over 1,000 GT operating on domestic routes. Foreign ships with a gross tonnage of over 1,000 CiT may be granted certificates at ship owners' request. Article 5. Conditions for obtaining certi ficates The ships specified in Article 4 of this Circular have insurance policy or financial sf'c.mity of civil liability for bunker oil pollution damage under the Bunker Convention 2001. Article 6. Certificate application dossiers 1. A certificate application dossier cornpriscs: aJ An application of the ship owner made according to the form provided in Appendix I to this Circular (not primed herein); b/The original insurance policy or financial security certificate in compliance with the Bunker Convention 2001. In case of reinsurance, the original certificate of the concerned reinsurer is required. For an electronically issued insurance policy or financial security or reinsurance certificate of civil liability of the ship owner, the ship owner shall provide the address of the official and lawful website of the issuing authority for examination; c/ A copy of the ship registra tion certificate. 2. The dossier shall be submitted in 1 (one) set. Article 7. Dossier submission mode Ship owners shall submit dossi~rectly or by post to ship registries. Article 8. Order of dossier ~ission, receipt and processing I. Order of dossier submission a~feceipt: a/ Ship owners shall submit dossieP.'l eirectly 01 by post tv ship registries; ft> """"""bl Ship registries shall receiv:Jiossiers directly from ship owners or hy posfo"., 2. Dossier processing: a/ In case of direct submission:rnc ship registry shall check the doss!!1 under regulations, record it ill the dossier1'lhok and issue a written appointment ~ result notification according to the time lin~rovided j 11 Artie le 9 of this Circular; bl In case of submission by posCflte ship r e g i srry s ha 11 check the doss~ under regulations and record it in the dossiemok with • the date indicated in the postmark.~ date of recording in the dossier book is tlOasis tor determining the date of granting a certificate under regulations; cl For an invalid dossier: In case of direct submission by the ship owner, the ship registry shall guide the ship owner in completing the dossier under regu Iations, In case of subrnission by post, within 2 (two) working days after © VIETNAM LAW & LEGAL FORUM 8 OFFICIAL GAZETTE Issue nos03-051July 201'[ (Gong Btw nos 41'-412JJuly 21, 201r) receiving the dossier, the ship registry shall send to the ship owner a written request for supplementation and completion of the dossier; dl For an ineligible dossier under regulations, within 3 (three) working days after receiving a dossier, the ship registry shall issue a written reply clearly stating the reason. Artic!n!'9. Time limit for certificate grant .. 1. Witkin 3 (three) working days after receivin!Di"!.:urnpkLe dossier under regulations, a ship r~stry shall grant a certificate made accordin!Jo the form provided in Appendix II to this C!.Zular (not printed herein).-2. A~ owner may receive the certificate directly at e ship registry or by post.,.,. Arti~lO. Certificate granting agencies Corrrpetent to grant certificates arc the nationabhip registry and regional ship registrie~pccificallyas follows: 1.Thwational ship registry is the Vietnam Maritim"t;.1'l.dministration. ~ 2. ~~nal ship registries include: aJM~ime Sub Department in Hai Phong city; bl MaDtime Sub-Department in Ho Chi Minh Cif7: cI M:rrttime Administration of Da Nang. ~.- ~...... Article 11. Certificate withdrawal A granted certificate may be withdrawn when: 1. It is tampered with. modified, erased or misrepresented; 2. It is bought, sold, hired or borrowed; 3. The certificate application dossier contains untruthful information or deliberatel y modified or tampered documents. Article 12. Certificate fce The certificate fcc complies with the Ministry of Finance's regulations and shall he: paid at a ship registry before receipt of the certificate. Chapter III ORGANT7ATION OF IMPLFMFNTATTON Article 13. Responsibilities ofthe Vietnarr Maritime Adrninisu a uon and concet ned organizations and persons 1. The Vietnam Maritime Administration shall assume the prime responsibility for, and coordinate with concerned agencies in. organizing the implementation of this Circular. 2. Ship owners and concerned organizations and persons shall implement this Circular and the Bunker Convention 2001. Article 14. Effect This Circular takes effect on September 1, 2011. Article 15. Organization of implementation The Chief of the Office, the Chief Inspector and directors of departments of the Ministry, the director of the Vietnam Maritime Administration, directors of Maritime Sub­ Departments, the director of the Maritime Administration ofDa Nang, heads of concerned agencies and organizations and concerned PCI SUIIS shal! implement this CiJ cular. Minister a/Transport HONGHIA DUNG e VIETNAM LAW & LEGAL F RUM