If a foreign ship is operating at a Vietnamese port, does it have to fly the Vietnamese flag? What are regulations on flying the national flag in Vietnam?

If a foreign ship is operating at a Vietnamese port, does it have to fly the Vietnamese flag? What are regulations on the national suspension process in Vietnam? I am a foreign shipowner I want to know when operating in Vietnam will the ship have to fly the Vietnamese flag? What are regulations on the national suspension process in Vietnam?

If a foreign ship is operating at a Vietnamese port, does it have to fly the Vietnamese flag?

According to Article 16 of the Vietnam Maritime Code 2015:

1. A Vietnamese ship must fly the national flag of the Socialist Republic of Vietnam as an ensign aboard it.

Other watercraft operating within the boundary of Vietnam’s seaports must fly the national flag of the Socialist Republic of Vietnam as an ensign aboard it.

2. A watercraft with the national ensign of an overseas country operating within the boundary of a Vietnam’s seaport must comply with applicable regulations of Vietnam when it desires to fly its national flag or blow its horn on its national celebrations.

3. The Government shall provide detailed provisions on this issue.

Thus, according to the current regulations, when ships are not Vietnamese seagoing ships when operating in Vietnam seaports, they must hang the National Flag of the Socialist Republic of Vietnam.

What are regulations on the national suspension process in Vietnam?

According to Article 61 of Decree 58/2017/ND-CP Hanging flags for ships and ceremonies for welcoming senior leaders to visit ships as follows:

1. The flying of flags on ships operating at a seaport shall be carried out as follows:

a) A Vietnamese ship must fly the national flag of the Socialist Republic of Vietnam (hereinafter referred to as "national flag”) on top of the mizzenmast; for the ship without mizzenmast, the national flag shall be flown on top of the main mast;

b) A foreign ship must fly the national flag on top of the highest mast;

c) Every day, the national flag shall be raised at sunrise and lowered at sunset. In winter, on foggy days, the national flag shall be raised at a time when it is visible. The national flag shall be raised earlier or lowered later than the time when a ship arrives at or departs from a port, encounters a military ship or two Vietnamese ships see each other;

d) On the National Independence Day of the Socialist Republic of Vietnam or upon a visit by the heads of the Communist Party or the State to the seaport, all ships that are anchored within seaport waters must fly a ceremonial lag under the instructions of the Director of the port authority;

dd) A foreign flagged ship must inform in advance and follow the directions of the port authority when it desires to fly a ceremonial flag or burial flag or sound its horn on its national celebrations;

e) The Director of the port authority may relieve some rudimentary watercraft of responsibility for flying national flag when they operate within seaport waters.

According to this Article, corresponding to the time that the flag will be raised in Vietnam will be specified as above.

Best Regards!

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