Registration of Vietnamese ships and 05 things you should know

Registration of Vietnamese ships and 05 things you should know

1. What is ship registration?

Clause 1, Article 17 of the Vietnam Maritime Code 2015 stipulates ship registration as follows:

Ship registration is the work of recording and storing information about ships in the national register of ships of Vietnam and issue of the Certificate of registration of Vietnamese ship under the provisions of this Code and other relevant laws and regulations.

2. Forms of registration of Vietnamese ships

Pursuant to Clause 2, Article 17 of Vietnam Maritime Code 2015, the forms of registration of Vietnamese ship shall be included as follows:

- Indefinite registration of ship;

- Definite registration of ship;

- Registration of information change;

- Temporary registration of ship;

- Registration of ship under construction;

- Registration of small-sized ship.

3. Rules of ship registration in Vietnam

Pursuant to Article 18 of the Vietnam Maritime Code 2015, registration of Vietnamese ship must be carried out according to the following rules:

 A ship of a Vietnamese organization or individual is registered in the national register of ships of Vietnam, including registration of flying of the Vietnamese national ensign and registration of ownership of such ship.

In the event that a ship is owned by more than two organizations or individuals, owners and ownership ratios of such ship should be specified in such registration.

A ship of a foreign organization or individual conforming to conditions defined in Article 20 of Vietnam's Maritime Code 2015 is registered in the national register of ships of Vietnam.

Registration of a Vietnamese ship owned by a foreign organization or individual includes registration of flying of the Vietnamese national ensign and registration of ownership of such vessel or registration of flying of only Vietnamese national ensign.

A foreign ship hired by a Vietnamese organization or individual under the bareboat charter and ship hire-purchase agreement can be allowed to register flying of Vietnamese national ensign;

- A ship which has been already registered in overseas countries shall not be allowed to register flying of Vietnamese national ensign, except when the preexisting registration has been temporarily ceased or permanently erased;

- The registry of Vietnamese ships shall publicly disclose and collect fee for registration of a Vietnamese ship;

An organization or individual applying for such registration shall be entitled to request registration excerpts or copies from the national register of ships of Vietnam, and shall be liable for such fee.

Note: A ship owned by a Vietnamese organization or individual may be allowed to register flying of the foreign ensign.

3. Types of ships subject to registration in Vietnam

Pursuant to Article 19 of the Vietnam's Maritime Code 2015, types of ships subject to registration recorded in the national register of ships of Vietnam include:

- Engine-powered ship that has the capacity of main engine of more than 75 kilowatt (KW);

- Ship without engine which has the total capacity of more than 50 GT, or gross tonnage of more than 100 tonnes, or has the design waterline length of more than 20 meters (m);

- Ships which have smaller sizes than those stipulated in subparagraph a and b of this paragraph, but operate on international navigation routes.

4. Eligibility requirements for registration of Vietnamese ships

Article 20 of the Vietnam Maritime Code 2015 stipulates that ships must meet the following requirements to be eligible for registration:

- Legitimate written proof of ownership of a sea vessel;

- Certification of capacity and certification of ship classification;

- Ship’s name;

- Certification of temporary suspension or removal of registration, which is applicable to ships that have been registered abroad except for temporary registration;

- Ship owner's business office, branch or representative office located within the territory of Vietnam;

- With respect to the initial registration or reregistration of a foreign second-hand ship in Vietnam, its age must be corresponding to the Government’s stipulated age of specific ships;

- All statutory fees or charges have been paid.

Note: With respect to registration of flying of Vietnamese national ensign for a foreign ship hired by a Vietnamese organization or individual under the bareboat charter or hire-purchase agreement, in addition to conditions above, this bareboat charter or hire-purchase agreement must be submitted.

5. Ship owner’s responsibilities for registration of Vietnamese ship

Article 22 of the Vietnam Maritime Code 2015 stipulates the ship owner’s responsibilities for registration of Vietnamese ship as follows:

- The ship owner shall be responsible for submitting a full amount of documents, adequate and accurate information about the ship which has been registered under Article 20 and 24 of Vietnam Maritime Code 2015 to apply for registration to the registry of Vietnamese ships.

- If the ship is newly constructed, purchased, gifted or donated to, or inherited by a Vietnamese organization or individual, its owner shall take responsibility for registering the ship in accordance with applicable regulations.

- The ship owner shall be liable for the registration fee in accordance with laws.

- After completion of such registration, the certificate of Vietnamese ship registration shall be issued. This kind of certificate is considered as the proof of this ship's flying of Vietnamese national ensign and its ownership status.

- The ship owner shall be responsible for notifying the registry of Vietnamese ship of all changes made to registration information recorded in the national register of ships of Vietnam in an accurate, sufficient and timely manner.

- Regulations laid down in Article 22 of the Vietnam Maritime Code 2015 shall apply to any Vietnamese organization or individuals entering into a bareboat charter or hire-purchase agreement.

Ngoc Nhi

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