Vietnam: Conditions for arrest of ships for the purpose of securing a maritime claim

Bich Hoa

10:00, 12/12/2017

Vietnam Maritime Code 2015 was promulgated on November 25, 2015 and came into force from July 01, 2017. One of the notable contents of this Code is the regulation on conditions for arrest of ships for the purpose of securing a maritime claim.

Specifically, according to Article 140 of the Vietnam Maritime Code 2015, upon receipt of a request for arrest of a ship, in order to secure a maritime claim as stipulated by Article 139 hereof, the Court shall grant a decision on arrest of such ship under the following circumstances:

- The person who owned the ship at the time when the maritime claim arose is liable for the claim and is owner of the ship when the arrest is effected;

- The demise charterer of the ship at the time when the maritime claim arose is liable for the claim and is demise charterer or owner of the ship when the arrest is effected;

- The claim is based upon a mortgage or a "hypothèque" or a charge of the same nature on the ship;

- The claim relates to the ownership or possession of the ship;

- The claim is secured by a maritime lien in connection with such ship.

Arrest of a ship is also permissible of any single ship or other ships which, when the arrest is effected, is or are owned by the person who is liable for the maritime claim and who was, when the claim arose:

- Owner of the ship in respect of which the maritime claim arose;

- Demise charterer, time charterer or voyage charterer of that ship.

The provision laid down in paragraph 2 of this Article does not apply to maritime claims in respect of ownership or possession of a ship.

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