What are Vietnamese ships? Regulations on the flying of flags on Vietnamese ships

What are Vietnamese ships? Regulations on the flying of flags on Vietnamese ships (Internet image)

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

1. What are Vietnamese ships?

According to Clause 1, Article 14 of the Vietnam Maritime Code 2015,  Vietnamese ships are ships which have been registered into the national register of ships of Vietnam, or which have been licensed for temporary flying of Vietnamese national ensign aboard by Vietnam’s overseas representative offices.

In particular, Vietnamese ships shall have the right and obligation to fly Vietnamese national ensign. Only Vietnamese ships are entitled to fly Vietnamese national ensign.

(Clause 2, 3, Article 14 of the Vietnam Maritime Code 2015)

2. Regulations on the flying of flags on Vietnamese ships

Specifically, in Clause 2, Article 61 of Decree 58/2017/ND-CP, the regulations on the flying of flags on Vietnamese ships are as follows:

- On the major holidays, the ship shall hang an international maritime signal flag line from its forward mast to the mizzen mast through the crossbeams of fore mast and main mast; the national flag shall be flown on top of the fore mast and main mast, mizzen mast and forward mast flying the shipowner’s signal flag (if any).

The decoration of signal flags must not affect the handling of cargoes.

On other holidays, the ship shall hang an international maritime signal flag line from its forward mast to fore mast and the second line from the main mast to the mizzen mast; the national flag shall be flown on top of the fore mast, main mast and mizzen mast.

The Vietnamese and foreign national flag, military flag, insignia flag and red cross flag must not be used for decoration of the ceremonial flag line.

- Upon the visit by the General Secretary of the Communist Party of Vietnam, President, Vice President, President of the National Assembly, Deputy President of the National Assembly, Prime Minister and Deputy Prime Minister of the Socialist Republic of Vietnam to the ship, in addition to the national flag flown on top of the mizzen mast, another one shall be flown on top of the main mast and shall only be lowered when those leaders leave the ship;

- On major holidays or days on which a special directive is issued by the Prime Minister, the national flag must be raised to conduct the flag raising ceremony.

When a ship is underway at sea and in fine weather conditions, in addition to the national flag flown on top of the mizzen mast, another one shall be flown on top of the main mast;

- When a ship is anchored at a foreign seaport, the national flag of Vietnam must be raised before and lowered after the national flag of the country where the ship is anchored;

- When a ship is underway within the foreign territorial waters or arrives or departs or is anchored within the foreign seaport waters, it must fly the national flag of such country on its main mast;

- The national flag must be flown in the open state. On the national day of mourning, the national flag must be flown following state funeral protocol.

- The duty mariner shall raise and lower the national flag on the duty deck officier’s orders.

3. Eligibility requirements for registration of Vietnamese ships

According to Clause 1, Article 20 of the Vietnam Maritime Code 2015, 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.

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