Eligibility requirements for registration of Vietnamese ships

Eligibility requirements for registration of Vietnamese ships (Internet image)

1. Eligibility requirements for registration of Vietnamese ships

Article 20 of the Vietnam Maritime Code 2015 stipulates the eligibility requirements for registration of Vietnamese ships as follows:

- 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.

- 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 stipulated in subparagraph a, b, c, d, e and g paragraph 1 of this Article, this bareboat charter or hire-purchase agreement must be submitted.

2. Types of ships subject to registration in Vietnam

Article 19 of the Vietnam Maritime Code 2015 stipulates that the 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 paragraph 1 of Article 19 of the Vietnam Maritime Code 2015, but operate on international navigation routes.

Registration of types of ships which are not governed under paragraph 1 of Article 19 of the Vietnam Maritime Code 2015 shall be stipulated by the Government.

3. Rules of ship registration in Vietnam

Article 18 of the Vietnam Maritime Code 2015 stipulates that the 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 the Vietnam 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.

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

To Quoc Trinh