05 types of responsibilities of ship masters in Vietnam

05 types of responsibilities of ship masters in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who is the ship master?

According to Clause 1, Article 52 of the Vietnam Maritime Code 2015, the ship master is the person vested with the supreme command of the ship as an organization’s head. All people onboard the ship must observe the ship master’s commands.

2. 05 types of responsibilities of ship masters in Vietnam

05 types of responsibilities to captains on board ships according to Article 55, Article 56, Article 57 and Article 58 of the Vietnam Maritime Code 2015 as follows:

* Responsibilities of the ship owner regarding civil status in Vietnam

- Make a nautical logbook and record with participation of the medical staff and two witnesses pertaining to any birth or death that happens onboard the ship and other relevant events; preserve corpses, make a manifest of and keep custody of property of a dead person onboard the ship.

- Report on any birth or death that happens aboard the ship and send testaments or manifest of property items of a dead person to a competent register office located at the first port within the territory of Vietnam where this ship enters, or to the nearest representative agency if the ship arrives at an overseas seaport.

- After making every effort to receive the ship owner's order and consult with a dead person’s relatives, the ship master shall act in the name of the ship master to complete all required procedures for and arrange a funeral to take place. All costs of such funeral shall be paid in accordance with applicable laws and regulations.

* Responsibilities of the ship owner regarding the arrest and detainment of persons onboard the ship in Vietnam

- Once discovering any offence that an offender commits in the act, or any wanted person, or in case of emergency detainment of any person aboard the ship which has left a seaport, the ship master shall assume the following responsibilities:

+ Arrest or order an arrest of an offender caught in the act of committing any crime or any wanted person; detain any person in case of emergencies;

+ Impose any necessary crime control and prevention and make a record in accordance with laws and regulations;

+ Protect evidence and, depending on specific conditions, deliver arrested or detained persons and available documents or records to a competent authority located at the first seaport of Vietnam where the ship arrives or to a public duty ship of Vietnam that such ship comes across at sea, or report to the nearest representative agency of Vietnam and follow all instructions of this agency if this ship enters into an overseas seaport.

- Whenever necessary, in order to ensure safety and security for a ship, humans and cargoes onboard a ship, the ship master shall be vested with authority to detain any crime suspects, persons caught in the act of committing any crime or any wanted person aboard a ship at a private room.

* Responsibilities of the ship master for reporting to a representative agency of Vietnam

- When a ship arrives at an oversea seaport, the ship master must report to the nearest representative agency of Vietnam whenever this reporting is necessary.

- The ship master shall be charged with responsibilities to present certificates and documents regarding the ship upon the request of the representative agency of Vietnam located within the territory of the country where the ship enters.

* Responsibilities of the ship master for reporting in case of marine accidents and incidents in Vietnam

Whenever a marine accident and incident occurs, or any accident or other cases relating to maritime safety and security is discovered, the ship master shall be responsible for promptly notifying a competent authority and reporting on such marine accident and incident in accordance with prevailing laws and regulations.

3. Legal status of the ship master in Vietnam

The legal status of the captain under Article 52 of the Vietnam Maritime Code 2015 is as follows:

- The ship master is the person vested with the supreme command of the ship as an organization’s head. All people onboard the ship must observe the ship master’s commands.

- The ship master works under the direction of the ship owner or charterer, operator; in certain necessary cases, with a view to ensuring maritime safety and security and environmental protection during marine operations, the ship master can make his own decision, but has to report to the ship owner, charterer and operator.

Quoc Dat

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