What forms of ship registration do Vietnamese ships have? What are the conditions for the registration of Vietnamese ships?
- What is the Ship concept according to Vietnamese regulations?
- What forms of ship registration do Vietnamese ships have?
- How are the principles of ship registration regulated in Vietnam?
- What are the conditions for the registration of Vietnamese ships?
- Which types of vessels must be registered in the National Register of Ships of Vietnam?
What is the Ship concept according to Vietnamese regulations?
Pursuant to Article 13 of the Vietnam Maritime Code 2015 of Vietnam, the concept of ships is as follows:
Ship refers to floating movable means specially designed for operations at sea.
Note: Ship referred to in this Code shall not include military ships, official duty ships, fishing ships, inland watercraft, submarines, submersibles, hydroplanes, floating warehouses, movable platforms and floating docks.
Pursuant to Article 14 of the Vietnam Maritime Code 2015 of Vietnam, the concept of Vietnamese ships is as follows:
- Vietnamese ships are ships which have been registered into the national register of ships of Vietnam, or which have been licensed for temporary flying of Vietnamese national ensign aboard by Vietnam’s overseas representative offices.
- Vietnamese ships shall have the right and obligation to fly Vietnamese national ensign.
- Only Vietnamese ships are entitled to fly Vietnamese national ensign.
What forms of ship registration do Vietnamese ships have? What are the conditions for registration of Vietnamese ships?
What forms of ship registration do Vietnamese ships have?
Pursuant to Article 17 of the Vietnam Maritime Code 2015 of Vietnam, it provides as follows:
Article 17. Registration of Vietnamese ship and registration form
1. Ship registration is the work of recording and storing information about ships in the national register of ships of Vietnam and issue of the Certificate of registration of Vietnamese ship under the provisions of this Code and other relevant laws and regulations.
2. Forms of registration of Vietnamese ship shall be included as follows:
a) Indefinite registration of ship;
b) Definite registration of ship;
c) Registration of information change;
d) Temporary registration of ship;
dd) Registration of ship under construction;
e) Registration of small-sized ship.
Accordingly, Vietnamese ships have the following registration forms:
- Indefinite registration of ship;
- Definite registration of ship;
- Registration of information change;
- Temporary registration of ship;
- Registration of ship under construction;
- Registration of small-sized ship.
How are the principles of ship registration regulated in Vietnam?
Pursuant to Article 18 of the Vietnam Maritime Code 2015 of Vietnam, the principles of ship registration are as follows:
- Registration of Vietnamese ship must be carried out according to the following rules:
+ A ship of a Vietnamese organization or individual is registered in the national register of ships of Vietnam, including registration of flying of the Vietnamese national ensign and registration of ownership of such ship. In the event that a ship is owned by more than two organizations or individuals, owners and ownership ratios of such ship should be specified in such registration.
A ship of a foreign organization or individual conforming to conditions defined in Article 20 of this Code is registered in the national register of ships of Vietnam. Registration of a Vietnamese ship owned by a foreign organization or individual includes registration of flying of the Vietnamese national ensign and registration of ownership of such vessel or registration of flying of only Vietnamese national ensign.
A foreign ship hired by a Vietnamese organization or individual under the bareboat charter and ship hire-purchase agreement can be allowed to register flying of Vietnamese national ensign;
+ A ship which has been already registered in overseas countries shall not be allowed to register flying of Vietnamese national ensign, except when the preexisting registration has been temporarily ceased or permanently erased;
+ The registry of Vietnamese ships shall publicly disclose and collect fee for registration of a Vietnamese ship; an organization or individual applying for such registration shall be entitled to request registration excerpts or copies from the national register of ships of Vietnam, and shall be liable for such fee.
Note: A ship owned by a Vietnamese organization or individual may be allowed to register flying of the foreign ensign.
What are the conditions for the registration of Vietnamese ships?
Pursuant to Article 20 of the Vietnam Maritime Code 2015 of Vietnam, the conditions for registration of Vietnamese ships are as follows:
- 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 is applicable 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;
- 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;
- All statutory fees or charges have been paid.
For foreign ships chartered by Vietnamese organizations and individuals in the form of bare-duty chartering or chartering vessels when registering to carry the Vietnamese flag, in addition to the above conditions, it is necessary to have a bare charter contract or a charter contract to buy ships.
Which types of vessels must be registered in the National Register of Ships of Vietnam?
Pursuant to Article 19 of the Vietnam Maritime Code 2015 of Vietnam, which types of ships must be registered in the National Register of Ships of Vietnam, including:
- Engine-powered ship that has the capacity of main engine of more than 75 kilowatt (KW);
- Ship without engine which has the total capacity of more than 50 GT, or gross tonnage of more than 100 tonnes, or has the design waterline length of more than 20 meters (m);
- Ships which have smaller sizes than those stipulated in subparagraph a and b of this paragraph, but operate on international navigation routes.
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