What are the procedures for implementing court decisions on release of seagoing ships from arrest in Vietnam?

What are the procedures for implementing court decisions on release of seagoing ships from arrest in Vietnam? (Internet image)

Article 12 of Decree 57/2010/ND-CP stipulates the order and procedures for implementing court decisions on release of seagoing ships from arrest in Vietnam as follows:

• Upon receiving a court decision on release of a seagoing ship from arrest, a port authority director shall issue a formal notice of implementation of the decision and appoint a port authority official to implement it. Such a formal notice shall be made according to a form provided in Appendix II to this Decree (not printed herein).

• Right after being appointed, the port authority official must be present on board the ship to announce and hand over the decision on release of the seagoing ship from arrest and the formal notice of implementation of this decision to the shipmaster for compliance. In case the shipmaster is absent, the decision and formal notice shall be handed over to the shipmaster's first deputy or the deck shift-watching officer. If there is nobody on board to sign the receipt of the decision, the port authority officer shall make a minutes bearing the signature of a witness (if any) and stick the court decision and formal notice of implementation of this decision at the main deck aisle by the ramp to the ship.

• The announcement, handover and receipt of decisions on release of seagoing ships from arrest and notification of implementation of these decisions shall be recorded in minutes made according to (he form provided in Appendix III to this Decree (not printed herein).

• In force majeure circumstances in which the port authority official cannot be present on board the seagoing ship to perform the jobs specified in Clause 2 of this Article, the port authority shall promptly notify such, by appropriate methods, to the court, the shipmaster or the ship owner or his/her agent, the ship operator and concerned agencies and organizations at the port, and concurrently seek measures to promptly to implement the decision whenever it is possible.

• Upon finishing the implementation of the decision on release of the seagoing ship, the port authority director shall notify in writing the court, the Vietnam Maritime Administration or the Vietnam Inland Waterway Administration and concerned state administrations at the port of the implementation of the decision, and concurrently grant a port departure permit to the seagoing ship under law.

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

Nguyen Phu

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE