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

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

Article 7 of Decree 57/2010/ND-CP provides guidance on the order and procedures for implementing decisions on arrest of seagoing ships in Vietnam as follows:

• Upon receiving a court decision on arrest of a seagoing ship, a port authority director shall issue a formal notice of implementation of the decision and appoint a port authority official to implement it. Formal notices of implementation of decisions on arrest of seagoing ships shall be made according to a form provided in Appendix I to this Decree (not primed herein).

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

• The port authority official shall withdraw the port departure permit already granted to the seagoing ship.

• The announcement, handover and receipt of a decision on arrest of seagoing ship and the formal notice of implementation of the decision and withdrawal of the port departure permit (if any) must be recorded in minutes made according to a 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 and concerned agencies and organizations at the port, and concurrently apply appropriate measures to promptly announce and hand over the decision on arrest of seagoing ship.

• Upon finishing the implementation of the decision on arrest of seagoing ship, the port authority director shall notify in writing the court, the Vietnam Maritime Administration or the Vietnam Inland Waterway Administration and concerned slate administrations at the port of the implementation of the decision.

More details can be found in Decree 57/2010/ND-CP, which comes into force from July 9, 2020.

Nguyen Phu

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