Regulations on sea protest in Vietnam

Regulations on sea protest in Vietnam

Pursuant to Article 118 of the Vietnam Maritime Code 2015, sea protest refers to a document created by the ship master which is served as a statement of situations that a ship has faced and measures that the ship master has applied to remedy these situations, restrict any possible loss or damage and protect legitimate rights and interests of the ship owner and persons involved.

When ships, people or goods carried onboard ships are subject to any loss or damage, or there is any suspicion about any possible loss or damage incurred by any accident or incident at sea, the ship master must prepare and lodge a sea protest to competent authorities as referred to in paragraph 3 of Article 118 of the Vietnam Maritime Code 2015 in order to certify filing of such sea protest.

State agencies accorded authority to certify that a sea protest has been filed in Vietnam include the port authority or the People’s Committees of the nearest commune.

State agencies accorded authority to certify that a sea protest has been filed in an overseas country include the nearest representative agencies of Vietnam or any accredited agency or organization located within such country where the ship is operating.

A sea protest shall be made and certified in Vietnamese or English language. If a sea protest is made in English language, it must conform to requirements set out by the agency accorded authority to certify such filing of the sea protest, and the ship master must submit an attached Vietnamese translation version.

Regulations on a sea protest shall also be applied to other types of ships operating within a Vietnamese port water area and territorial waters.

Regulations on sea protest in Vietnam (Internet image)

Legal value of a sea protest in Vietnam

Pursuant to Article 119 of the Vietnam Maritime Code 2015, regulations on the legal value of a sea protest are as follows:

- The sea protest certified under the provisions of the Vietnam Maritime Code 2015 shall have value as evidence for resolution of any relevant dispute.

- The certified sea protest shall not exempt the ship master from liability for concerning events.

Time limit for filing of a sea protest in Vietnam

Pursuant to Article 120 of the the Vietnam Maritime Code 2015, the time limit for filing of a sea protest is as follows:

- If an accident or incident occurs during the time when a ship is underway at sea, the sea protest must be submitted to competent authorities for certification no later than 24 hours from the time of ship's entering the first seaport.

- If an accident or incident occurs at a Vietnamese seaport, the sea protest must be submitted to competent authorities for certification no later than 24 hours from the time of occurrence of such accident or incident.

- If an accident or incident concerning cargoes stored in a cargo hold occurs, the sea protest must be submitted to competent authorities for certification before uncovering that cargo hold.

Note: If it is impossible to submit a sea protest under the provisions above, the filed sea protest must clearly specify reasons.

Regulations on marine accident in Vietnam

Pursuant to Article 123 of Vietnam Maritime Code 2015, marine accident refers to any event directly relating to ship operations which may lead to one of the following consequences: dead, missing or seriously injured people; ship collision; severe damage to the ship structure; missing, wrecked, sunken, stranded and unmaneuvered ships; damage to maritime infrastructure facilities or serious environmental pollution.

Marine accidents shall not include acts that intentionally cause harm to people, ships, maritime infrastructure facilities or environment.

The Director of the port authority must conduct investigation into any marine accident; in the course of investigation into such marine accident, if any sign constituting an offence is found, all documents and records relating to such offence must be transferred to the competent investigation authority.

Mai Thanh Loi

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