What are regulations on navigational route located within Vietnamese territorial waters?

What are regulations on navigational route located within Vietnamese territorial waters?

I have a question. What are regulations on navigational route located within Vietnamese territorial waters? Which legal document stipulates this issue? Thank you!

Answer: Pursuant to Article 109 of the Vietnam Maritime Code in 2015, navigational route refers to the path of a ship within Vietnamese territorial waters which is restricted by points that have positions and coordinates defined and announced by competent regulatory authorities to direct ships sailing into Vietnamese waters. 

In addition, establishment of a navigational route within Vietnamese territorial waters used for safe passing and assurance of maritime safety of ships must be consistent with Vietnamese legislation, 1982 United Nations Convention on Law of the Sea and other relevant international agreements to which the Socialist Republic of Vietnam is a party.

What are responsibilities for state port authority in Vietnam?

I have a question. What are responsibilities for state port authority in Vietnam?

Answer: Pursuant to Article 10 of the Vietnam Maritime Code in 2015 stipulating as follows:

1. The Government shall carry out consistent state port authority.

2. The Ministry of Transport shall take responsibility to the Government for carrying out its state port authority.

3. Competent maritime regulatory authorities directly affiliated to the Ministry of Transport shall assist the Minister of Transport in carrying out state port authority in accordance with laws and regulations.

4. Ministries, Ministry-level bodies shall, within their assigned duties and delegated powers, cooperate with the Ministry of Transport in state port authority.

5. The People’s Committees at all levels shall, within their assigned duties and delegated powers, carry out state port authority duties at their localities under their management.

What are regulations on maritime lien in Vietnam?

I want to know about the definition of maritime lien and relavant issues in Vietnam. Thank you!

Answer: Pursuant to Article 40 of the Vietnam Maritime Code in 2015 stipulating as follows:

- Maritime lien refers to the right of the maritime claimant under Article 41 hereof which gives this claimant a privilege to submit a claim for compensation against the owner, charterer and operator of a ship in the event that there is any maritime claim in connection with that sea–going vessel.

Maritime claim refers to a party requesting another party to secure any obligation that may arise out of marine operations.

- Any maritime claim that leads to the maritime lien defined in Article 41 hereof shall hold higher position in the priority order than other maritime claims secured by the ship mortgage and other secured transactions.

- The maritime lien shall be exercised by the competent court’s decision to impound a ship in connection with any maritime claim that leads to the maritime lien.

- The maritime claimant shall be vested with the right to keep custody of a ship to meet any maritime claim referred to in Article 41 hereof even though such sea-going has been mortgaged or the ship owner has performed other secured transactions to ensure other agreed-upon obligations are secured.

- The maritime lien over a ship shall not be influenced by any change to the owner, charterer and operator of that ship, given that the buyer of that ship has been informed or has not been informed of the fact that that ship is involved in any maritime claim leading to the maritime lien.

Pursuant to Article 41 of the Vietnam Maritime Code in 2015 stipulating maritime claim leading to maritime lien as follows:

- Maritime claims on salary, repatriation cost, social insurance contribution cost and other monetary amount paid to the master, officer and other seafarers that belong to crew members aboard a ship.

- Maritime claims on compensation for life, disability or other injury to human health in association with operations of a ship.

- Maritime claims on deadweight tonnage charge, marine safety charge and other seaport fees or charges.

- Maritime claims on ship rescue remuneration.

- Maritime claims on non-contractual property loss and damage directly relating to operations of a ship.

Best regards!