What are eligibility requirements for registration of Vietnamese ships? What are penalties for violations against regulations on ship registration in Vietnam?

1. What are eligibility requirements for registration of Vietnamese ships?

Article 20 of the Vietnam Maritime Code 2015 stipulates eligibility requirements for registration of Vietnamese ships, specifically as follows:

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 ship hired by a Vietnamese organization or individual under the bareboat charter or hire-purchase agreement, in addition to conditions 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 this Article, when you personally register your new ship, you need to comply with the above conditions to be able to register a Vietnamese ship.

2. What are penalties for violations against regulations on ship registration in Vietnam? 

Pursuant to Article 40 of Decree 142/2017/ND-CP as amended by Clause 17, Article 1 of Decree 123/2021/ND-CP stipulating offences against regulations on registration and deregistration; use of certificates of ships, public service ships, submarines, submersibles, floating storage units and mobile offshore drilling units, specifically as follows:

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences:

a) Failure to register changes as prescribed;

b) Failure to register changes to the ship ownership after the ship is sold or purchased or in case of transfer of ownership;

c) Failure to change the Minimum Safe Manning Certificate upon change of the managing or operating enterprise;

d) Providing false information; using a document which is erased or altered or which is not issued by a competent authority to apply for the certificate;

dd) Vietnamese ship owner’s failure to send the copy of the registration certificate to the Vietnam National Registry of Ships for management when registering flying of the foreign national ensign;

e) Failure to register flying of the Vietnamese national ensign as prescribed with respect to the purchased or newly built ship of a state-owned enterprise or state-invested enterprise;

g) Failure to carry out deregistration as prescribed.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following offences:

a) Operating a ship, public service ship, submarine, submersible, floating storage unit or mobile offshore drilling unit before obtaining a certificate;

b) Using one of the certificates of a ship, public service ship, submarine, submersible, floating storage unit or mobile offshore drilling unit or the certificate which is erased or altered to a degree that changes its information or which is not issued by a competent authority.

3. Additional penalties: Confiscate the exhibits involved in commission of administrative offences if any of the offences prescribed in point d clause 1 and point b clause 2 of this Article is committed.

4. Remedial measures:

The violator is compelled to:

a) Follow procedures for registering flying of the Vietnamese national ensign officers as prescribed if the offence specified in point e clause 1 of this Article is committed;

b) Follow procedures for ship deregistration if the offence specified in point g clause 1 of this Article is committed.

Thus, when individuals fail to register their ships, depending on their violations, they may be fined from VND 10,000,000 to VND 30,000,000. In addition, it is possible to apply additional sanctions or remedial measures as above.

Best Regards!