What is arrest of ships? Powers of arrest of ships in Vietnam

What is arrest of ships? Powers of arrest of ships in Vietnam (Internet image)

1. What is arrest of ships?

Arrest of ships refers to detention or restriction on removal of a ship by order of a Court to secure a maritime claim, apply interim injunctions, enforce civil judgements and perform mutual legal assistance.

(Article 129 of Vietnam Maritime Code 2015)

2. Powers of arrest of ships in Vietnam

- The People’s Court at the level of a province where the seaport at which a ship subject to a request for arrest of a ship is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.

Where a seaport has different port terminals located within different centrally-affiliated cities and provinces, the People’s Court at the level of a province where the seaport at which a ship subject to an arrest request is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.

- The People’s Court that is dealing with a civil case, or the People's Court at the level of a province where the Arbitration Council is resolving any dispute, shall be accorded authority to impose an arrest of a ship as an interim injunction.

Two copies of a judgement on arrest of a ship by a Court shall be delivered to the port authority in which one copy is used as the basis for implementation and the remaining other is given to the master of the arrested ship to serve the purpose of implementation.

- The Chief Justice of the People’s Supreme Court shall consider and decide whether the lower Court has been accorded authority to grant a decision on arrest of a ship in the event that there is any dispute over jurisdiction between the People's Courts at the provincial level.

(Article 130 of Vietnam Maritime Code 2015)

3. Case of release of ships from arrest in Vietnam

- A ship which has been arrested shall be released under the following circumstances:

+ After the ship owner, charterer or operator has provided sufficient security or has paid a full amount of debts and costs incurred during the process of arrest of such ship;

+ Decision on arrest of a ship has been cancelled;

+ The validity period of arrest of a ship according to the decision on such arrest has expired.

- In the absence of agreement between parties as to the amount and form of substitution security, the Court shall determine its nature and amount thereof, not exceeding the value of the arrested ship.

The person requesting arrest of a ship shall not be allowed to take any action that may harm property or other interests of the ship owner, charterer or operator.

- The ship shall be released upon the request of the person filing a request for arrest of a ship; in this case, all costs incurred shall be covered by such person.

(Article 137 of the Vietnam Maritime Code 2015)

4. Responsibility for requesting wrongful arrest of ships

- The applicant for arrest of a ship must be held legally liable for his request. If the request for arrest of a ship is wrongful, which may lead to any loss, such applicant shall be responsible for compensating for any loss or damage possibly incurred.

- Any loss or damage that may be incurred from consequence of such request for wrongful arrest shall be dealt with as agreed upon between parties. Where there is any disagreement or dispute that may arise, the Court or Arbitration Tribunal shall be requested to settle this disagreement and dispute in accordance with laws.

- If the Court that grants a judgement on arrest of a ship which is not based on the reasons for a request for arrest or does not serve on the ship as the right subject matter of such request, which may cause any loss or damage, it shall be liable for any compensation in accordance with laws and regulations.

(Article 131 of the Vietnam Maritime Code 2015)

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