How are abandoned ships handled in Vietnam?

How are abandoned ships handled in Vietnam? (Internet image)

According to Articles 16, 17, 18, 19 of Decree 57/2010/ND-CP:

- Cases of abandonment by seagoing ships' owners of their ships arrested under court decisions to secure settlement of maritime claims

These cases shall be handled as follows:

• In case the seagoing ship arrest applicant institutes a lawsuit at court for settlement of the dispute and the court accepts the case, the handling of the seagoing ship shall be decided by the court based on the court judgment or decision;

• In case the seagoing ship arrest applicant does not institute a lawsuit at court or institutes a lawsuit but the court rejects the law suit petition, the seagoing ship shall be auctioned and proceeds there from shall be remitted into the state budget.

- Abandonment by seagoing ships' owners of their ships arrested under decisions on a provisional urgent measure to arrest seagoing ships

Cases of abandonment by seagoing ships' owners of their ships arrested under decisions on a provisional urgent measure, the handling of arrested seagoing ships shall be decided by courts that have issued the decisions on application of a provisional urgent measure through their judgments or decisions.

- Abandonment by seagoing ships' owners of their ships arrested under decisions on arrest of seagoing ships to secure judgment enforcement

Cases of abandonment by seagoing ships' owners of their ships arrested to secure judgment enforcement, civil judgment enforcement bodies shall auction these ships under court judgments or -decision for enforcement thereof. In case the judgment enforcement obligation requires the return of seagoing ships to judgment enforcement creditors, judgment enforcement bodies shall hand over these ships to judgment enforcement creditors.

- Abandonment by seagoing ships' owners of their ships arrested under decisions on arrest of seagoing ships under judicial mandate given by foreign courts

These cases shall be handled as follows:

• Courts that have issued decisions on arrest of seagoing ships under judicial mandate given by foreign courts shall base themselves on judgments, decisions or requests of foreign courts that have given judicial mandate for the arrest of seagoing ships to handle arrested seagoing ships;

• Upon the expiration of the period of arrest, if there is no request of foreign courts that have given judicial mandate for the arrest of seagoing ships, these ships shall be auctioned and auction proceeds shall be remitted into the state budget.

More details can be found in Decree 57/2010/ND-CP of Vietnam, which comes into force from July 9, 2010.

Nguyen Phu

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