Vietnam: Obligations to organize salvage of shipwrecked property

10:40, 16/07/2017

After the shipwrecked property is discovered and notified to the owner and the salvage plan having been approved, the property owner or competent authority is obliged to organize the salvage of shipwrecked property as follows:

1. Owner of the shipwrecked property is obliged to organize the salvage of shipwrecked property and shall pay all expenses that arise in course of raising the shipwrecked property.

In case the shipwrecked property is the ship and cargo or other objects carried on board the ship, the ship owner shall be responsible to raise the shipwrecked property and pay relevant expenses; the ship manager or operator shall also assume the joint responsibility to raise the shipwrecked property and pay relevant expenses that arise in course of raising the shipwrecked property.

2. If the shipwrecked property is cultural heritage, or the shipwrecked property gets involves in national defense and security affairs, or the shipwrecked property is dangerous type, the owner of such shipwrecked property shall formulate the salvage plan and submit it to the competent authorities for approval.

If the owner of the shipwrecked property fails to organize the salvage of shipwrecked property or fails to raise the shipwrecked property within the prescribed time limit, competent authorities shall make a decision to salvage the shipwrecked property, excluding cases of force majeure events. The port authority shall take charge and organize the salvage of shipwrecked property causing hazard.

3. In addition to provisions, the owner of the shipwrecked property must also comply with relevant regulations of the law on sea and the law on natural resources and environment of sea and islands as well as adopt any necessary measures to prevent environmental pollution. In cases where the shipwrecked property causes the environmental pollution, the shipwrecked property owner must immediately implement measures to prevent and minimize losses from the environmental pollution, treat the environmental pollution and make compensation for damage in accordance with laws.

View more details at Decree No. 05/2017/NĐ-CP of Vietnam’s Government, effective from July 01, 2017.

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