18:35 | 10/06/2024

Are only documents proving the ship ownership required for the registration of Vietnamese ships?

“Are only documents proving the ship ownership required for the registration of Vietnamese ships? After registration, is a ship owner required to notify the registry of Vietnamese ships of all changes to registration information?” - asked a reader

Are only documents proving the ship ownership required for the registration of Vietnamese ships?

Under Article 20 of the Vietnam Maritime Code 2015 on the eligibility requirements for registration of Vietnamese ships:

Eligibility requirements for registration of Vietnamese ships
1. Ships must meet the following requirements to be eligible for registration:
a) Legitimate written proof of ownership of a sea vessel;
b) Certification of capacity and certification of ship classification;
c) Ship’s name;
d) Certification of temporary suspension or removal of registration, which is applicable to ships that have been registered abroad except for temporary registration;
dd) Ship owner's business office, branch or representative office located within the territory of Vietnam;
e) With respect to the initial registration or reregistration of a foreign second-hand ship in Vietnam, its age must be corresponding to the Government’s stipulated age of specific ships;
g) All statutory fees or charges have been paid.
2. With respect to registration of flying of Vietnamese national ensign for a foreign sea-going ship hired by a Vietnamese organization or individual under the bareboat charter or hire-purchase agreement, in addition to eligibility requirements stipulated in subparagraph a, b, c, d, e and g paragraph 1 of this Article, this bareboat charter or hire-purchase agreement must be submitted.

According to the above provisions, Vietnamese ships must meet the following requirements to be eligible for registration:

- Legitimate written proof of ownership of a sea vessel;

- Certification of capacity and certification of ship classification;

- Ship’s name;

- Certification of temporary suspension or removal of registration, which applies to ships that have been registered abroad except for temporary registration;

- Ship owner's business office, branch or representative office located within the territory of Vietnam;

- For the initial registration or reregistration of a foreign second-hand ship in Vietnam, its age must correspond to the Government’s stipulated age of specific ships;

- All statutory fees or charges have been paid.

Thus, only documents proving ship ownership are not eligible for registration of Vietnamese ships.

Besides, for registration of flying of Vietnamese national ensign for a foreign sea-going ship hired by a Vietnamese organization or individual under the bareboat charter or hire-purchase agreement, in addition to the above eligibility requirements, this bareboat charter or hire-purchase agreement must be submitted.

After registration, is a ship owner required to notify the registry of Vietnamese ships of all changes to registration information?

Under Article 22 of the Vietnam Maritime Code 2015, the responsibilities of ship owners for ship registration in Vietnam:

Ship owner’s responsibilities for registration of Vietnamese ship
1. The ship owner shall be responsible for submitting a full amount of documents, adequate and accurate information about the ship which has been registered under Articles 20 and 24 hereof to apply for registration to the registry of Vietnamese ships.
2. If the ship is newly constructed, purchased, gifted or donated to, or inherited by a Vietnamese organization or individual, its owner shall take responsibility for registering the ship in accordance with applicable regulations.
3. The ship owner shall be liable for the registration fee in accordance with laws.
4. After completion of such registration, the certificate of Vietnamese ship registration shall be issued. This kind of certificate is considered as the proof of this ship's flying of Vietnamese national ensign and its ownership status.
5. The shipowner shall be responsible for notifying the registry of Vietnamese ship of all changes made to registration information recorded in the Vietnam National Ships Registration Book in an accurate, sufficient and timely manner.
6. Regulations laid down in this Article shall apply to any Vietnamese organization or individuals entering into a bareboat charter or hire-purchase agreement.

According to the above provisions, the shipowner shall be responsible for notifying the registry of Vietnamese ships of all changes made to registration information recorded in the Vietnam National Ships Registration Book in an accurate, sufficient, and timely manner.

Do the contents of the Vietnam National Ships Registration Book include ownership-related changes?

Under Article 24 of the Vietnam Maritime Code 2015 on the basic contents of the Vietnam National Ships Registration Book:

Basic contents of the Vietnam National Ships Registration Book
1. The Vietnam National Ships Registration Book must have the following basic contents:
a) Old and new name of a ship; office name and address of the ship owner; name and address of the branch or representative office of the foreign ship owner located in Vietnam; name and address of the office of the bareboat charterer or ship hire-purchaser; name of the ship operator (if any); type of ship and its useful purpose;
b) Port of registration;
c) Registration number;
d) Registration date;
dd) Name and address of shipbuilding factory and shipbuilding year;
e) Main technical specifications of ship;
g) Ownership status and ownership-related changes;
h) Registration removal date and reasons;
i) Information about registration of a ship mortgage.
2. All changes to the registration information referred to in paragraph 1 of this Article must be clearly entered into the Vietnam National Ships Registration Book.

Thus, the ownership status and ownership-related changes are one of the basic contents of the Vietnam National Ships Registration Book.

Thư Viện Pháp Luật

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