Decree No. 161/2013/ND-CP on registration, purchase, sale and building of seagoing ships

40 DecreeNo.161/2013/ND-CPofNovember 12, 2013, on registration, purchase, sale and building of seagoing ships Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the June 14, 2005 Maritime Code of Vietnam; At the proposal of the Minister of Transport, The Government promulgates the Decree on registration, purchase, sale and building of seagoing ships. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Decree provides the registration, purchase, sale and building of seagoing ships (below refe1Ted to as ships). 2. This Decree's provisions on ship registration are also applicable to the registration of public-duty ships. Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) 3. This Decree does not apply to the purchase, sale and building of the following ships: a/ Ships under ownership of foreign organizations and individuals and built in Vietnam; b/ Ships under ownership of foreign organizations and individuals, flying a foreign state flag and coercively auctioned in Vietnam under decisions of competent state agencies; c/ Public-duty ships. 4. This Decree does not apply to the registration, purchase, sale and building of ships used for national defense and security purposes, nuclear-powered ships and seaplanes. Article 2. Subjects of application This Decree applies to Vietnamese and foreign organizations and individuals involved in ship registration, purchase, sale and building. Article 3. Interpretation of tem1s In this Decree, the te1ms below are constiued as follows: 1. Ship registration means that a competent agency in charge of ship registration in Vietnam records inf 01mation on ships in the Vietnam National Ship Registration Book for archive and grants ship registration ce1tificates under this Decree and relevant laws. Ship registration may take the following fo1ms: a/ Indefinite ship registi·ation; b/ Definite ship registi·ation; cl Ship re-registration; di Registration of change; dd/ Temporary registration of ship; © 'V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) e/ Registration of ship under construction; g/ Registration of small ship. 2. Indefinite ship registration means registration of a ship when such ship fully satisfies the conditions prescdbed in Article 16 of the 2005 Ma1itime Code of Vietnam and this Decree. 3 . Definite ship registration means registration of a ship for a definite time at the request of the ship owner when such ship fully satisfies the conditions prescdbed in Article 16 of the 2005 Maiitime Code of Vietnam and this Decree. 4. Ship re-registration means registration of a ship which had been registered in the Vietnam National Ship Registration Book but has later been deregistered. 5. Registration of change means registration of a ship which has been registered in the Vietnam National Ship Registration Book when there is a change in its name, its owner's name, its stmcture and technical specifications or utilities, the regional ship registrar or the ship register. 6. Tempora1y registration of ship means registration of a ship under ownership of a Vietnamese organization or individual or a foreign organization or individual and temporarily flying the Vietnamese flag in the following cases: a/ It has not yet paid charges and fees as prescdbed; b/ It has no certificate of ship deregistration but has made a commitment in the ship purchase and sale contract that the seller will hand over the ce1tificate of ship deregistration to the purchaser within 30 days from the date of signing the written record of ship handover. 41 In this case, the certificate of temporary registration ofVietnamese ship may take effect only from the date the purchaser and seller sign the w1itten record of ship handover; c/ A newly built ship is put for test or received for navigation to the place of registration on the basis of a shipbuilding contract; d/ In a special case as decided by the Minister of Transport. 7. Registration of ship under constmction means registration of a ship of which the keel has been in place but the building is not yet completed. 8. Registration of small ship means registration of a motor ship with the main engine power of under 75 kW or a non-motor ship of a gross tonnage ofunder 50 GT or a dead weight of under 100 tons or a design waterline of under 20 meters. 9. Ship purchase and sale means a process of market research, preparation of a project dossier, decision on purchase and sale, and signing and perfo1mance of a ship purchase and sale contract. 10. Valid dossier means a dossier containing all the documents prescribed in this Decree. 11. Public-duty ship means a ship exclusively used for perfo1mance of public duties and not for commercial purposes. 12. The age of a ship is counted from the date of keel placement. Chapter II SHIP REGISTRATION Section 1 VIETNAM SHIP REGISTRARS Article 4. Vietnam ship registrars © Vietnam Law & Legal Fornm 42 Vietnam ship registrars include: 1. The national ship registrar, which is Vietnam Maritime Administration. 2. Regional ship registrars, which are malitime sub-departments or po1t autholities decided by the director of Vietnam Maritime Administration. Article 5. Tasks of the national ship registrar 1. To make and manage the Vietnam National Ship Registration Book. 2. To guide and examine Vietnam ship registration activities at regional ship registrars. 3. To synthesize, make statistics on, maintain and update a database on ship registration; to provide relevant information to interested organizations or individuals. 4. To pe1fo1m the unified management of the printing and issuance of ship registration paper fo1ms and organize the application of infonnation technology to the ship registration under regulations. 5. To cany out international cooperation on ship registration. 6. To post on the website of Vietnam Maritime Administration specific inf 01mation on addresses and accounts of regional ship registrars for concerned organizations and individuals to send their dossiers by post and pay related charges and fees through via-bank account transfer. Article 6. Tasks of regional ship registrars 1. To conduct ship registration under the Maritime Code of Vietnam and this Decree. 2. To conduct ship mo1tgage registration in Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) accordance with the law on secured transactions and secured transaction registration. 3. To archive and manage dossiers related to ship registration in their regions and provide relevant information to interested organizations and individuals. 4. To collect, remit and use ship registration fees in accordance with law. Article 7. Contents of the Vietnam National Ship Registration Book 1. The Vietnam National Ship Registration Book records information relevant to ship registration or deregistration. The Vietnam National Ship Registration Book may be made in the fonn of paper or electronic book. 2. The Vietnam National Ship Registration Book has the contents specified in Appendix III to this Decree. Section 2 VIETNAM SHIP REGISTRATION Article 8. Limits of the ages of ships registered in Vietnam for the first time 1. For first-time registration in Vietnam, used ships must be of the following ages: a/ Not more than 10 years, for passenger ships; b/ Not more than 15 years, for ships of other types. 2. The limits on the ages of ships specified in Clause 1 of this Alticle do not apply to ships under the ownership of foreign individuals or organizations and coercively auctioned in Vietnam under decisions of competent agencies. 3. For foreign ships purchased by loan or charter-purchase method by Vietnamese © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) organizations or individuals, after the expiration of the period of registration of flying a foreign state flag, they may change to registration of flying the Vietnamese flag provided that at the time of signing the loan or cha1ter-purchase contract, their age is compliant with Clause 1 of this Alticle. Article 9. Naming of ships and registration po1ts 1. Ship names may be given by their owners, which, however, must not be identical with names of ships already registered in the Vietnam National Ship Registration Book. Names of state agencies, people's aimed forces units, political organizations, socio-political organizations, socio-professional-political organizations, social organizations and socio­ professional organizations may not be used as the whole or part of proper names of ships, unless it is so approved by such agencies, units or organizations. Words and signs that violate Vietnamese historical tradition, culture, ethical values and fine customs may not be used for naming ships. 2. A dossier of application for approval of ship name comprises: a/ An application for approval of given ship name, made according to fo1m No. 5 in Appendix I to this Decree; b/ The ship purchase and sale contract or ship building contract or another deed of title of equivalent legal validity for the ship ( a ce1tified copy or a copy accompanied with the original for checking); c/ The business registration certificate or enterprise registration ce1tificate ( a certified copy or a copy accompanied with the original for checking). In case the ship owner is a 43 foreign organization, its license to establish a Vietnam-based branch (a certified copy or a copy accompanied with the original for checking) is required; d/ If the ship owner is an individual, his/ her identity card ( a copy accompanied with the original for checking) or a ce1tificate of his/her place of residence ce1tified by the commune police (the original) is also required. If the ship owner is a foreigner, his/her passpo1t ( a copy accompanied with the original for checking) is required. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for renun of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 2 (two) days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall notify in writing the ship owner of the approval of the ship name given by the ship owner. In case of disapproval, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall select names of po1ts of registration for their ships after the names of seapo1ts where ship registrars are located. © Vietnam Law & Legal Fornm 44 Article 10. Procedures for indefinite ship registration 1. Cert ifica te of Vietnamese ship registration. al A ce1ti.ficate ofVietnamese ship registration is granted to a ship that fully satisfies the registration conditions and has been registered for an indefinite time in the Vietnam National Ship Registration Book according to the procedures prescribed in this Decree; b/ For a registered ship, 1 (one) oliginal certificate of Vietnamese ship registration, made according to fonn No. 4 in Appendix II to this Decree, shall be granted; cl A ce1ti.ficate ofVietnamese ship registration is valid from the date of grant to the date of deregistration. 2. A dossier for indefinite ship registration comprises: a/ A declaration for ship registration, made according to fonn No. 2 in Appendix I to this Decree; b/ The ce1tificate of ship deregistration (the oliginal), for used ships, or wiitten record of test before handover, for newly built ships (the oliginal); c/ The ship purchase and sale contract or ship building contract or another deed of title of equivalent legal value for the ship (the oliginal); di The ce1tificate of ship tonnage ( a ce1tified copy or a copy accompanied with the original for checking); dd/ The ce1tificate of ship classification ( a ce1tified copy or a copy accompanied with the oliginal for checking); e/ Documents proving the payment of Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) registration fee under regulations, including the declaration of registration fee ce1tified by the tax office and receipt of remittance of the fee into the state budget (a copy accompanied with the original for checking). In case the ship is not subject to registration fee, the declaration of registration fee certified by the tax office ( a copy accompanied with the original for checking) is required; g/ The business registration certificate or enterprise registration certificate ( a certified copy or a copy accompanied with the original for checking). In case the ship owner is a foreign organization, the license for establishment of a Vietnam-based branch (a ce1tified copy or a copy accompanied with the original for checking) is required; h/ For a fishing ship owned by an individual, his/her identity card ( a copy accompanied with the original for checking) or a ce1tificate of his/ her place ofresidence ce1tified by the commune police (the oliginal) is required. In case the ship owner is a foreign individual, his/her passpo1t ( a copy accompanied with the original for checking) is required. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for return of results within the prescribed time limit; © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Minist1y of Finance's regulations directly to, or transfer it into the account of, the regional ship registrar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account transfer. Article 11. Procedures for definite ship registration 1. Certificate of ship registration for a definite time. a/ The duration of ship registration is stated in the certificate of ship registration and equal to the te1m of the ship charter-purchase contract or bare ship charter contract, or as requested by the ship owner; b/ For a registered ship, 1 (one) original ce1tificate of ship registration for a definite time, made according to fo1m No. 1 in Appendix II to this Decree, shall be granted. 2. A dossier for definite ship registration in case the ship owner is a Vietnamese organization or individual that charter-purchases a ship or cha1ters a bare ship comprises: a/ A declaration for ship registration, made according to fo1m No. 2 in Appendix I to this Decree; 45 b/ The ce1tificate of ship tonnage ( a ce1tified copy or a copy accompanied with the odginal for checking); c/ The certificate of ship classification (a ce1tified copy or a copy accompanied with the odginal for checking); di The business registration ce1tificate or enterprise registration certificate (a ce1tified copy or a copy accompanied with the original for checking); dd/ The certificate of ship deregistration (the original); e/ The ship cha1ter-purchase contract or bar·e ship cha1ter contract (the original); g/ The written record of ship handover (the odginal); h/ Documents proving the payment of registration fee under regulations, including the declaration of registration fee ce1tified by the tax office and receipt of remittance of the fee into the state budget ( a copy accompanied with the original for checking). In case the ship is not subject to registration fee, the declaration of registration fee ce1tified by the tax office ( a copy accompanied with the original for checking) is required; ii In case the ship owner is an individual, his/her identity card ( a copy accompanied with the original for checking) or a ce1tificate of his/ her place of residence ce1tified by the commune police (the odginal) is required. 3. A dossier for definite ship registration in case the ship owner is a foreign organization or individual comprises the papers specified at Points a, b, c, dd, e, g and h, Clause 2 of this Alticle; and the license to establish a Vietnam­ based branch ( a certified copy or a copy accompanied with the original for checking) © Vietnam Law & Legal Fornm 46 or the foreign passpo1t ( a copy accompanied with the original for checking). 4. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 5. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for renun of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a ce1tificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in wliting, clearly stating the reason. 6. Ship owners shall pay ship a registration fee under the Ministiy of Finance's regulations directly to, or transfer it into the account of, the regional ship registi·ar before receiving a ce1ti:ficate; and bear all expenses for dossier and document sending and account ti·ansfer. Article 12. Procedures for ship re­ registration 1. Ce1tificate of ship registi·ation in case a ship is re-registered is that granted by a regional ship registrar to the ship owner based on the fonn of re-registration of such ship. Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) 2. Dossier for ship re-registration: a/ In case of ship re-registration for an indefinite time, a re-registration dossier comp1ises the papers specified in Clause 2, Alticle 10 of this Decree; b/ In case of ship re-registi·ation for a definite time, a re-registration dossier comprises the papers specified in Clause 2, Alticle 11 of this Decree; c/ In case of re-registration of a ship under constiuction, a re-registi·ation dossier complises the papers specified at Points c, d and dd, Clause 2, Alticle 21 of this Decree; d/ In case of re-registration of a small ship, a re-registration dossier comprises the papers specified in Clause 2, Alticle 22 of this Decree. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registi·ar. 4. The regional ship registi·ar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for return of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (tlu·ee) working days after the receipt thereof; c/ Within 3 (tlu·ee) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registi·ation and send it directly or by post to the ship owner. In © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay ship a registration fee under the Minist1y of Finance's regulations directly to, or transfer it into the account of, the regional ship registrar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account transfer. Article 13. Procedures for registration of ship renaming 1. Ce1tificate of ship registration granted in case a ship is re-named is that based on the previous fo1m of ship registration and bearing the new name of such ship. 2 . Dossier for registration of ship renaming: a/ In case of indefinite ship registration, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points d and dd, Clause 2, Alticle 10 of this Decree; and the original ce1tificate of ship registration; b/ In case of definite ship registration, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points b, c and e, Clause 2, Alticle 11 of this Decree; and the original ce1tificate of ship registration; c/ In case of registration of a ship under constmction, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Point c, Clause 2, A1ticle 21 of this Decree; and the original certificate of ship registration; di In case of registration of a small ship, a 47 registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Point g, Clause 2, Alticle 22 of this Decree; and the original ce1tificate of ship registration. 3. An organization or individual may sub1nit directly 1 (one) set of dossier or send it by post to the regional ship registrar with which the ship has been previously registered. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for renun of results within the prescribed time limit; bl For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a ce1tificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay ship a registration fee under the Ministiy of Finance's regulations directly to, or transfer it into the account of, the regional ship registi·ar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account ti·ansfer. Article 14. Procedures for registration of change of names of ship owners © Vietnam Law & Legal Fornm 48 1. Ce1tificate of ship registration granted in case the name of a ship owner is changed is that based on the previous fonn of ship registration and beaiing the new name of the owner of such ship. 2. Dossier for registration of change of name of a ship owner: a/ In case of indefinite ship registration, a registration dossier comprises: a declaration for registration of change, made according to fonn No. 1 in Appendix I to this Decree; the papers specified at Points d, dd, g and h, Clause 2, Alticle 10 of this Decree; and the original ce1tificate of ship registration; b/ In case of definite ship registration, a registration dossier comprises: a declaration for registration of change, made according to fonn No. 1 in Appendix I to this Decree; the papers specified at Points b, c, d and i, Clause 2, Alticle 11 of this Decree; and the original ce1tificate of ship registration; c/ In case of registration of a ship under constrnction, a registration dossier comprises: a declaration for registration of change, made according to fonn No. 1 in Appendix I to this Decree; the papers specified at Points c, d and dd, Clause 2, A1ticle 21 of this Decree; and the oliginal ce1tificate of ship registration; d/ In case of registration of a small ship, a registration dossier complises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points dd, e and g, Clause 2, Alticle 22 of this Decree; and the original ce1tificate of ship registration. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to the regional ship registrai· with which the ship Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) has been previously registered. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for return of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministry of Finance's regulations directly to, or transfer it into the account of, the regional ship regisn·ar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account n·ansfer. Article 15. Procedures for registration of change of ship owners 1. Ce1tificate of ship regisn·ation granted in case of change of a ship owner is that granted to the new ship owner based on the previous fo1m of registration of such ship. 2. Dossier for regisn·ation of change of a ship owner: a/ In case of indefinite ship regisn·ation, a registration dossier comprises: a declaration © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) for registration of change, made according to form No. 1 in Appendix I to this Decree; the papers specified at Points c, d, dd, e, g and h, Clause 2, Alticle 10 of this Decree; the original certificate of ship registration and the 01iginal w1itten approval of the m01tgagee (for ships cunently in mo1tgage); b/ In case of definite ship registration, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points b, c, d, e, g, h and i, Clause 2, A1ticle 11 of this Decree and the original certificate of ship registration; the original certificate of ship registration and the original written approval of the m01tgagee (for ships cunently in mo1tgage); c/ In case of registration of a ship under constmction, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points d and dd, Clause 2, Alticle 21 of this Decree; the original certificate of ship registration and the original written approval of the m01tgagee (for ships cunently in mo1tgage); di In case of registration of a small ship, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points c, d, dd, e and g, Clause 2, Alticle 22 of this Decree; the otiginal ce1tificate of ship registration and the original written approval of the mo1tgagee (for ships cunently in mortgage). 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to the regional ship registrar with which the ship has been previously registered. 49 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for return of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a ce1tificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in wtiting, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministty of Finance's regulations directly to, or transfer it into the account of, the regional ship registt·ar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account tt·ansfer. Article 16. Procedures for registration of change in ship structure and technical specifications 1. Ce1tificate of ship registt·ation granted in case the st111cture and technical specifications of a ship are changed is that based on the previous fonn of ship registt·ation and granted to the owner of the ship registered for change in stmcture and technical specifications. 2. Dossier for registration of change in ship stmcture and technical specifications: © Vietnam Law & Legal Fornm 50 a/ In case of indefinite ship registration, a registration dossier complises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points d and dd, Clause 2, Article 10 of this Decree; and the original ce1tificate of ship registration; b/ In case of definite ship registration, a registration dossier complises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points b and c, Clause 2, Alticle 11 of this Decree; and the original certificate of ship registration; c/ In case of registration of a ship under constrnction, a registration dossier comprises: a declaration for registration of change, made according to fonn No. 1 in Appendix I to this Decree; the paper specified at Point b, Clause 2, Alticle 21 of this Decree; and the original ce1tificate of ship registration; d/ In case of registration of a small ship, a registration dossier comprises: a declaration for registration of change, made according to fonn No. 1 in Appendix I to this Decree; the paper specified at Point g, Clause 2, Alticle 22 of this Decree; and the original ce1tificate of ship registration. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to the regional ship registrar with which the ship has been previously registered. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for re tum of results within the presc1ibed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministry of Finance's regulations directly to, or transfer it into the account of, the regional ship regisn·ar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account n·ansfer. Article 17. Procedures for registration of change of regional ship regisn·ars 1. Ce1tificate of ship regisn·ation granted in case of change of a regional ship regisn·ar is that based on the previous fo1m of ship registration and granted by the new regional ship registrar to the ship owner. 2. Dossier for regisn·ation of change of a regional ship registrar: a/ In case of indefinite ship regisn·ation, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points d, dd, g and h, Clause 2, Alticle 10 of this Decree; and the original certificate of ship regisn·ation; b/ In case of definite ship registration, a regisn·ation dossier comprises: a declaration for © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points b, c, d, e, g and i, Clause 2, Article 11 of this Decree; and the oiiginal certificate of ship registration; c/ In case of registration of a ship under constmction, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points b, d and dd, Clause 2, Article 21 of this Decree; and the original certificate of ship registration; di In case of registration of a small ship, a registration dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points dd, e and g, Clause 2, Article 22 of this Decree; and the original certificate of ship registration. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoiing book and issue a receipt and a slip of appointment for return of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a 51 ce1tificate of Vietnamese ship registration and notify such ce1tificate directly or send such ce11ificate by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministiy of Finance's regulations directly to, or transfer it into the account of, the regional ship registi·ar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account ti·ansfer. Article 18. Procedures for registration of change of ship register offices 1. Ce1tificate of ship registi·ation granted in case of change of a ship register office is that based on the previous fo1m of ship registration and granted to the ship owner. 2. Dossier for registration of change of a ship register office: a/ In case of indefinite ship registration, a registi·ation dossier compiises: a declaration for registi·ation of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points d and dd, Clause 2, Article 10 of this Decree; and the original ce1tificate of ship registration; b/ In case of definite ship registration, a registi·ation dossier compiises: a declaration for registi·ation of change, made according to fo1m No. 1 in Appendix I to this Decree; the papers specified at Points b and c, Clause 2, Article 11 of this Decree; and the original certificate of ship registration; c/ In case of registration of a ship under constmction, a registi·ation dossier comprises: a declaration for registration of change, made according to fo1m No. 1 in Appendix I to this Decree; the paper specified at Point c, Clause © Vietnam Law & Legal Fornm 52 2, Alticle 21 of this Decree; and the oiiginal ce1tificate of ship registration; di In case of registration of a small ship, a registration dossier comprises: a declaration for registration of change, made according to fonn No. 1 in Appendix I to this Decree; the paper specified at Point g, Clause 2, Alticle 22 of this Decree; and the original ce1tificate of ship registration. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to the regional ship registrar with which the ship has been previously registered. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for renun of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a ce1tificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in wiiting, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministiy of Finance's regulations directly to, or transfer it into the account of, the regional ship registi·ar before receiving a ce1tificate; and bear all expenses for dossier and Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) docmnent sending and acc01mt transfer. Article 19. Procedures for temporary registi·ation of ships 1. Ce1tificate of tempora1y registi·ation of Vietnamese ship: a/ One original certificate of tempora1y registration ofVietnamese ship, made according to fo1m No. 2 in Appendix II to this Decree, is granted to the ship owner that makes temporary registration of a ship flying Vietnamese flag; b/ A certificate of temporary registration of Vietnamese ship is valid for 180 ( one hundred and eighty) days from the date of grant. In case the validity duration of such a ce1tificate expires while the ship cannot anive in Vietnam for completion of the official registration procedures, the regional ship registrar that has granted such certificate may extend it once for 180 ( one hundred and eighty) days from the date of first-time expiration of its validity duration. After such certificate is extended but the ship cannot aITive in Vietnam for completion of the official registration procedures for a force majeure reason, the director of Vietnam Maritime Administration shall decide to prolong the time limit for tempora1y registi·ation of ship for no more than 180 ( one hundred and eighty) days. 2. Dossier for tempora1y registration of a ship: a/ In case the prescribed charges and fees have not yet been paid, a registration dossier comprises: a declaration for ship registration, made according to fo1m No. 2 in Appendix I to this Decree; and the papers specified at Points b, c, d, dd, g and h, Clause 2, Alticle 10 of this Decree; © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) b/ In case a ce1tificate of ship deregistration has not yet been granted, a registration dossier comp1ises: a declaration for ship registration, made according to form No. 2 in Appendix I to this Decree; and the papers specified at Points c, d, dd, g and h, Clause 2, Alticle 10 of this Decree; c/ In case of testing a newly built ship, a registration dossier comprises: a declaration for ship registration, made according to fonn No. 2 in Appendix I to this Decree; and the papers specified at Points c, d, g and h, Clause 2, A1ticle 10 of this Decree; d/ In case of receipt of a newly built ship for navigation to a place of registration on the basis of a shipbuilding contract, a registration dossier comprises: a declaration for ship registration, made according to fo1m No. 2 in Appendix I to this Decree; and the papers specified at Points c, d, dd, g and h, Clause 2, Alticle 10 of this Decree. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and an appointment for return of results within a prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; 53 c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministiy of Finance's regulations directly to, or transfer it into the account of, the regional ship registrars before receiving a ce1tificate; and bear all expenses for dossier and document sending and account ti·ansfer. Article 20. Procedures for grant of pe1mit for temporarily flying the Vietnamese flag 1. Permit for temporarily flying the Vietnamese flag: a/ One original permit for temporarily flying the Vietnamese flag, made according to fonn No. 6 in Appendix II to this Decree, is granted by an overseas Vietnamese diplomatic mission, consular office or another agency authorized to perfo1m the consular function (below collectively refeITed to as Vietnamese representation office) to a Vietnamese organization or individual that purchases a ship from a foreign organization or individual; b/ A pe1mit for a ship to temporarily fly the Vietnamese flag is valid for 1 (one) specific voyage of such ship and from the date of grant to the date such ship anives at the first Vietnamese seapo1t. 2. A dossier of application for a pennit for temporarily flying the Vietnamese flag comprises: a/ Declaration for ship registration, made according to fonn No. 2 in Appendix I to this Decree; b/ Certificate of deregistration, for used © Vietnam Law & Legal Fornm 54 ships ( a copy accompanied with the 01iginal for checking); cl Written record of test for ship handover, for receipt of new ships built abroad for navigation to Vietnam ( a copy accompanied with the original for checking); d/ Ship purchase and sale contract or ship building contract or another deed of title of equivalent legal value for the ship ( a ce1tified copy accompanied with the original for checking); dd/ Certificate of ship tonnage (a copy accompanied with the original for checking); el Certificate of ship classification (a copy accompanied with the original for checking); gl Business registration certificate or enterprise registration certificate (a ce1tified copy). In case the ship owner is a foreign organization, the license for establishment of a Vietnam-based branch (a ce1tified copy) is required; h/ In case the ship owner is an individual, his/her identity card ( a copy accompanied with the original for checking) or a ce1tificate of hisl her place of residence ce1tified by the commune police (the original) is required. In case the ship owner is a foreigner, his/her passpo1t ( a copy accompanied with the original for checking) is required. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for re tum of results within the presc1ibed time limit; bl For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; cl Within 3 (three) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. Article 21. Procedures for registration of ships under constrnction 1. Certificate of registration of ship under construction: a/ One original certificate of registration of ship under constrnction, made according to fo1m No. 3 in Appendix II to this Decree, is granted to the ship owner; bl The ce1tificate of registration of ship under constrnction cannot substin1te the ce1tificate of ship registr·ation. 2. A dossier for registration of ship under construction comprises: a/ Declaration for ship registration, made according to fo1m No. 2 in Appendix I to this Decree; bl Ship building contr·act (the original); cl Ce1tificate that the main keel has been placed by the ship building establishment, with ce1tification by the register office (the original); di Business registration certificate or enterprise registration certificate ( a certified © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) copy or a copy accompanied with the original for checking). In case the ship owner is a foreign organization, the license for establishment of a Vietnam-based branch (a certified copy or a copy accompanied with the original for checking) is required; dd/ In case the ship owner is an individual, his/her identity card ( a copy accompanied with the original for checking) or a ce1tificate of hisl her place of residence ce1tified by the commune police (the original) is required. In case the ship owner is a foreigner, his/her passpo1t ( a copy accompanied with the original for checking) is required. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: al For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monito1ing book and issue a receipt and a slip of appointment for return of results within the presc1ibed time limit; bl For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; cl Within 3 (three) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Minist1y of Finance's regulations 55 directly to, or transfer it into the account of, the regional ship registrar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account transfer. Article 22. Procedures for registration of small ships 1. One original ce1tificate of registration of small ship, made according to fonn No. 4 in Appendix II to this Decree, is granted to the ship owner; 2. A dossier for registration of a small ship comprises: a/ Declaration for ship registration, made according to fonn No. 2 in Appendix I to this Decree; bl Certificate of ship deregistration (the original) for used ships, or written record of ship handover (the original) for newly built ships; cl Ship purchase and sale contract or ship building contract or another deed of title of equivalent legal validity for the ship (the original); di Documents proving the payment of registration fee under regulations, including the declaration of registration fee ce1tified by the tax office and receipt of remittance into the state budget ( copies accompanied with the originals for checking). In case the ship is not subject to registration fee, the declaration of registration fee ce1tified by the tax office ( a copy accompanied with the original for checking) is required; ddl Business registration certificate or enterprise registration certificate ( a ce1tified copy or a copy accompanied with the original for checking). In case the ship owner is a foreign organization, the license for establishment of © Vietnam Law & Legal Fornm 56 a Vietnam-based branch (a certified copy or a copy accompanied with the original for checking) is required; e/ In case the ship owner is an individual, his/her identity card ( a copy accompanied with the original for checking) or a ce1tificate of his/ her place of residence ce1tified by the commune police (the original) is required. In case the ship owner is a foreigner, his/her passpo1t ( a copy accompanied with the original for checking) is required. g/ Book of technical safety inspection of ship (a copy accompanied with the original for checking). 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to a regional ship registrar. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monito1ing book and issue a receipt and a slip of appointment for return of results within the presclibed time lhnit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a ce1tificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in wiiting, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministiy of Finance's regulations Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) directly to, or transfer it into the account of, the regional ship registi·ai· before receiving a ce1tificate; and bear all expenses for dossier and document sending and acc01mt transfer. Article 23. Procedures for deregistration of Vietnamese ships 1. Ce1tificate of deregisti·ation of Vietnamese ship is granted in the cases specified in Article 20 of the 2005 Maritime Code of Vietnam and 1 (one) original certificate, made according to fo1m No. 5 in Appendix II to this Decree, is granted to the ship owner. 2. A dossier for deregisti·ation of a Vietnamese ship comprises: a/ Declaration for ship deregisti·ation, made according to fo1m No. 3 in Appendix I to this Decree; b/ Certificate of ship registration (the original). In case the certificate of ship registration is lost, the ship owner shall clearly give the reason for the loss; cl For ships cmTently in mo1tgage, wiitten approval of the mo1tgagee is required and the mo1tgage must be deregistered. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to the regional ship registi·ar with which the ship has previously been registered. 4. The regional ship registi·ar shall receive the dossier and examine the validity of the dossier: a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for return of results within the presclibed time lilnit; © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a certificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in writing, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Minist1y of Finance's regulations directly to, or transfer it into the account of, the regional ship registrar before receiving a ce1tificate; and bear all expenses for dossier and document sending and account transfer. Article 24. Procedures for re-grant of certificates of ship registration 1. In case a ce1tificate of ship registration is lost or damaged, the regional ship registrar shall re-grant the ce1tificate to the ship owner based on the previous fonn of ship registration. 2. A dossier for re-grant of a ce1tificate of ship registration comprises: a/ An application for re-grant of a ce1tificate of ship registration, made according to fo1m No. 4 in Appendix I to this Decree; b/ The ce1tificate of ship registration, if it is damaged. 3. An organization or individual may submit directly 1 (one) set of dossier or send it by post to the regional ship registrar with which the ship has been registered and granted a ce1tificate of ship registration. 4. The regional ship registrar shall receive the dossier and examine the validity of the dossier: 57 a/ For a directly submitted dossier, if the dossier is not valid, it shall guide the applicant to complete the dossier. If the dossier is valid, it shall record the dossier in the monitoring book and issue a receipt and a slip of appointment for return of results within the prescribed time limit; b/ For a dossier sent by post, if the dossier is not valid, it shall guide the dossier completion under this Decree within 3 (three) working days after the receipt thereof; c/ Within 3 (three) working days after receiving a valid dossier, it shall grant a ce1tificate of Vietnamese ship registration and send it directly or by post to the ship owner. In case of refusal to grant a ce1tificate, it shall also reply in wliting, clearly stating the reason. 5. Ship owners shall pay a ship registration fee under the Ministiy of Finance's regulations directly to, or transfer it into the account of, the regional ship registrars before receiving a ce1tificate; and bear all expenses for dossier and document sending and account ti·ansfer. Section 3 SHIPS OWNED BY VIETNAMESE ORGANIZATIONS OR INDIVIDUALS AND REGISTERED FOR FLYING FOREIGN STATE FLAGS Article 25. Conditions for ships owned by Vietnamese organizations or individuals to be registered for flying foreign state flags 1. Except the cases specified in Clause 3 of this Article and other special cases decided by the Minister of Transpo1t, ships purchased or built by state enterprises or enterprises with state capital conti·ibutions must be registered for flying the Vietnamese flag. © Vietnam Law & Legal Fornm 58 2. Ships purchased or built by enterptises without state capital or by organizations or individuals may be registered for flying foreign state flags in case such ships fail to fully satisfy the conditions for registration in the Vietnam National Ship Registration Book under Atticle 16 of the 2005 Maritime Code of Vietnam and this Decree. 3. Ships flying the Vietnamese flag and charter-purchased or chattered as bare ships by foreign organizations or individuals may be registered for flying foreign state flags if their owners so request. Article 26. Procedures for registration of ships flying foreign state flags 1. Procedures for registration of ships flying foreign state flags comply with the laws of the state, the flag of which is flown by such ships. 2. Before being registered for flying foreign state flags, ships flying the Vietnamese flag and chattered or chatter-purchased by foreign organizations or individuals must be subject to deregistration of Vietnamese ships under Alticle 23 of this Decree. Chapter III SHIP PURCHASE, SALE AND BUILDING Article 27. Principles of ship purchase, sale and building 1. Ship purchase, sale and building are specific investment activities. The order and procedures for approving the policy and making decisions on ship purchase, sale and building comply with this Decree and relevant laws. 2. Ships to be purchased, sold or built must satisfy the conditions on maritime safety and security and enviromnental protection in Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) accordance with Vietnamese law and relevant treaties to which the Socialist Republic of Vietnain is a contracting patty. Article 28. Forms of ship purchase, sale and building 1. Fom1s of ship purchase and sale by state enterprises or enterprises with state capital contributions: a/ The ship purchase and sale between an enterprise and a foreign organization or individual must be conducted in the form of competitive offers in accordance with international practices from at least 3 (three) ship owners or brokers; b/ The ship purchase and sale between an enterprise and a Vietnamese organization or individual must be conducted in the form of auction in accordance with law or competitive offer in accordance with international practices. 2. Ship building projects of state enterprises or enterprises with state capital contributions must be implemented in the fotm of competitive offers from at least 3 shipyards or their representatives. 3. Fotms of ship purchase, sale and building by enterprises without state capital or by organizations or individuals may be decided by such enterprises, organizations or individuals. Article 29. Process of ship purchase 1. Approving the policy on ship purchase. 2. Selecting ships and detennining purchase prices and expenses related to the ship purchase transaction. 3. Formulating and approving the ship purchase project. A ship purchase project must have contents on necessity of investment, ship © 'V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) type and quantity of ships, basic technical specifications, expected ship price, capital sources for ship purchase, ship purchase form, ship operation plan, economic efficiency, and other necessary contents. 4. Deciding on ship purchase. 5. Completing the procedures for ship purchase. Article 30. Process of ship sale 1. Approving the policy on ship sale. 2. Determining the reserve price and estimating expenses related to the ship sale transaction. 3. Fonnulating and approving the ship sale project. A ship sale project must have contents on necessity of ship sale, quantity of ships and basic technical specifications, expected sale price, ship sale fom1, and other necessary contents. 4. Deciding on ship sale. 5. Completing the procedures for ship sale. Article 31. Process of implementation of ship building projects 1. Approving the policy on ship building. 2. Selecting, determining the price and capital sources for ship building and expenses related to the ship building transaction. 3. Formulating and approving the ship building project. A ship building project must have contents on necessity of investment, type and quantity of ships, and basic technical specifications, expected plice, capital sources for ship building, ship building fo1m, operation plan, economic efficiency, and other necessary contents. 59 4. Deciding on ship building. 5. Completing the procedures for ship building. Article 32. Competence to approve the policy and decide on ship purchase, sale and building 1. For ship purchase, sale and building by state ente1prises or ente1p1ises with state capital contributions. The competence to approve the policy and decide on ship purchase, sale and building complies with the Government's Decree No. 99/2012/ND-CP of November 15, 2012, on assignment of tasks and decentralization of powers to exercise the lights, responsibilities and obligations of the state owner of state enterprises and state capital invested in ente1prises, and Decree No. 71/2013/ND-CP of July 11, 2013, on investment of state capital in ente1prises and financial management of ente1prises with 100% charter capital held by the State, and other relevant laws. 2. Ship purchase, sale and building by enterprises without state capital or by organizations or individuals may be decided by such ente1prises, organizations or individuals. Article 33. Ship purchase, sale and building decision dossiers 1. A ship purchase decision dossier comprises: a/ A repo1t on ship purchase, clearly stating results of competitive offer or auction; b/ The approved ship purchase project, enclosed with the decision on project approval; cl A copy of the ship registration ce1tificate; © Vietnam Law & Legal Fornm 60 di A report on technical survey of the ship, made by the Vietnam Register or a foreign register or international ship surveyor designated by the ship purchaser and seller and accredited by the Vietnam Register; dd/ The ship's copies of certificates of maritime safety and environmental protection which are issued by a competent register for a ship in operation; e/ The written approval of the credit institution's lending policy (if any). 2. A ship sale decision dossier comprises: a/ A report on ship sale proposal, clearly stating results of competitive offer or auction; b/ A copy of the ship registration ce1ti:ficate; c/ Documents on examination of the ship sale dossier by organizations or individuals for the bonowing enterprise, guarantors for enterprises related to the to-be-sold ship, or by m01tgagees of the to-be-sold ship; di Copies of the ship's certificates of maritime safety and environmental protection which are issued by a competent register. 3. A ship building decision dossier comprises: a/ A repo1t on ship building, clearly stating results of competitive offer; b/ The approved ship building project, enclosed with the project approval decision; c/ The dossier of basic design of the to-be­ built ship approved by the register; di Principal provisions of the draft contract or an equivalent written agreement; dd/ The loan guarantee agreement, if so requested by the ship builder or loan provider. Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) Article 34. Responsibilities and powers of ship purchasers, sellers and builders 1. Ship purchasers, sellers and builders shall take responsibility for: a/ The truthfulness and lawfulness of documents included in the ship purchase, sale or building dossier; b/ The genuineness and technical quality of the ship, ship purchase or sale price or building cost and :financial conditions of the ship purchase, sale or building project; c/ The terms of the draft contract on ship purchase, sale or building. They may officially sign the contract only after obtaining the competent authority's decision on ship purchase, sale or building; di The investment efficiency of the project; the rationality of the purchase or building method and capital-raising method selected to suit the :financial capability, technology and ship operation plan. 2. Powers of ship purchasers, sellers and builders: a/ To directly negotiate and sign ship purchase, sale or building contracts and cany out the procedures for handover, receipt, impo1t or expo1t of ships based on competent authorities' ship purchase, sale and building decisions; b/ If :finding it necessa1y, to hire project fo1mulation consultants and/or entmst others to cany out the procedures for handover, receipt, impo1t or export of ships. Article 35. Ship import and export procedures Based on ship purchase, sale or building decisions and contracts, written records of © "V;etnarn Law & Legal Forom Issue nos 11-12/November 2013 (Cong Bao nos 823-824/Novemher 27, 2013) handover and receipt of ships and the Vietnam Register's certificates of technical conditions of ships after conducting the initial inspection of imported ships, customs offices shall cany out ship impo1t or export procedures. The physical inspection of imported or exported ships must be conducted in Vietnam or other places decided by the General Director of Customs. Chapter IV IMPLEMENTATION PROVISIONS Article 36. Effect 1. This Decree takes effect on Janua1y 1, 2014, and replaces the Government's Decree No. 29/2009/ND-CP of March 26, 2009, on ship registration, purchase and sale; and Decree No. 77/2011/ND-CP of September 1, 2011, amending and supplementing a number of a1ticles of Decree No. 29/2009/ND-CP. 2. Attached to this Decree are 3 appendices: a/ Appendix I: Declaration and application fo1ms. b/ Appendix II: Ce1tificate fo1ms. cl Appendix III: National ship registration book fo1m. 61 Article 37. Transitional provisions 1. Ship registration certificates and ship mortgage registration certificates granted before the effective date of this Decree remain valid until the expiration of the validity duration stated in such certificates or occmTence of a registration change or deregistration of ship mo1tgage. 2. Ship purchase, sale or building projects approved before the effective date of this Decree are not governed by this Decree. Article 38. Organization of implementation Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, and related agencies, organizations and individuals shall implement this Decree. On behalf of the Government Prime Minister NGUYEN TAN DUNG * All appendices are not translated © Vietnam Law & Legal Fo111111