Vietnam: Amending some contents of maritime accident investigation

The Ministry of Transport of Vietnam issued Circular No. 39/2017/TT-BGTVT on amendments to some articles of Circular No. 34/2015/TT-BGTVT on regulations on maritime accident reporting and investigation.

Organizing maritime accident investigation is amended by Circular No. 39/2017/TT-BGTVT of the Ministry of Transport of Vietnam as follows:

- During the investigation, if crimes are suspected, Director of the port authority must notify a competent authority, transfer documents and evidence related to the maritime accident at the request of the investigating authority; photocopies or certified true copies of documents must be made before they are transferred to serve further investigation. The transfer of documents and evidence must be recorded in writing.

- With regard to a maritime accident that causes loss of life, missing or injured people, Director of the port authority must notify an investigating authority as regulated by laws, transfer documents and evidence related to the maritime accident.

- Director of the port authority may seize a ship for up to 05 days to collect evidence serving the investigation. Longer seizure regarding to the maritime accident that occurs in the port waters shall be decided by Director of Vietnam Maritime Administration at the request of Director of the port authority and the extension shall not exceed 05 days; for other maritime accidents, the extension of seizure period shall be decided by the Minister of Transport at the request of Vietnam Maritime Administration.

View full text at Circular No. 39/2017/TT-BGTVT of the Ministry of Transport of Vietnam, effective from January 01, 2018.

- Thanh Lam -

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