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THE GOVERNMENT.
Numbers: 161 /2013/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2013
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DECREE
In terms of registration and purchase, sale, new shipbuilding
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Government Law Base December 25, 2001;
Vietnam Maritime Code Base June 14, 2005;
On the recommendation of the Minister of Transport;
The government issued a decree on registration and purchase, sale, new shipbuilding,
Chapter I
GENERAL REGULATION
1. This decree provides for registration and purchase, sale, new shipbuilding.
2. Marine registration regulations at this decree also apply to the registration of the service ship.
3. This decree does not apply to the purchase, sale, new closure of the following sea types:
a) The ship is owned by the organization, the foreign individual is stationed in Vietnam;
b) The ship is owned by the organization, the foreign individual and carries foreign nationality flags sold in Vietnam by the forced decision of the competent state authority;
c) The service ship.
4. This decree does not apply to the registration and purchase, sale, new marine closure used for defense, security and shipping purposes powered by nuclear power and seaplanes.
This decree applies to organizations, Vietnamese individuals and organizations, foreign individuals associated with registration and purchase, sale, and new shipbuilding.
In this decree, the words below are understood as follows:
1. Register of marine vessels is the agency ' s authority on the registration of marine vessels in Vietnam, which records, storing seaship information on Vietnamese national maritime registration records and issuing signs of maritime registration under regulation at this Decree and Regulations. The law is relevant.
Maritime registration includes the following forms:
a) Registration of the ocean space;
b) Sea ship registration has a deadline;
c) Sign up for the sea ship;
d) Subscription changes;
Register for temporary shipping;
e) Register the closing ship;
g) Subscription of small craft.
2. Registration for oceanship is not due to the registration of ships when it has qualified conditions at Article 16 of the Vietnam Maritime Code in 2005 and the provisions of this decree.
3. Registration for a time period is the registration of the ship at a certain deadline at the request of the ship's ship when it has qualified conditions at Article 16 of the Vietnam Maritime Code in 2005 and stipulated at this decree.
4. Subscription is the registration of ships that had previously registered to the registration number of the Vietnam National Seaship but later deleted the registry.
5. Registration for the change was the registration of the vessel when that ship was registered to the Vietnam National Marine Register but there was a change in the name of the ship, the ship's name, texture and specifications, the ship's work, the regional ship registry, the organization. Marine registration.
6. The temporary registration of the vessel is the registration of ships owned by the organization, the Vietnamese personally or the organization, the foreign individual temporarily carrying the flag of Vietnam in the following cases:
a), without charge, the charge specified;
b) There is no sign of registration of the ship registration but has been committed to the purchase contract, the sale of the sea vessel is the seller that will hand over the registration of the ship's registration to the purchase within 30 days, since the date of the delivery of the ship's hand. In this case, the temporary registration certificate for the Vietnamese ship has only been valid since the date of the two party purchase, the sale of the shipping table.
c) Try a new closure or receive a new vessel to return to the registration site on a shipbuilding contract basis;
d) The special case was decided by the Minister of Transport.
7. Registration is closing the ship's registration for the ship that has been placed on the main river but has not yet completed its shipbuilding.
8. Submarine registration is the registration of a ship with an engine with either 75 KW or no engines but has a total capacity of less than 50 GT or has a total payload of less than 100 tons or has a design water length of less than 20 m.
9. Buy, semi-shipping is the process of understanding the market, preparing project records, decision to buy, sell, sign and carry out the purchase contract, sell the train.
10. A valid profile is a valid document prescribed by this decree.
11. The service ship is the dedicated vessel to carry out the service, not for commercial purposes.
12. The sea age is calculated from the main setting date.
Chapter II
MARINE REGISTRATION
Item 1
VIETNAM TRAIN REGISTRY
What? 4. Vietnam Marine Registration Authority
The Vietnam Sea Ship Registry includes:
1. The National Marine Registration Authority is the Vietnam Maritime Service;
2. The regional seaship registry is the Maritime Detail or Maritime Port Authority decided by the Bureau of Maritime Affairs.
What? 5. National Marine registration agency ' s mission
1. Set up and manage the Vietnam National Seaboard Register.
2. Guide, check out the registration activities of the Vietnam Sea Ship at the Regional Marine Registration Authority.
3. General, statistics, maintenance, database updates associated with marine registration activities, providing relevant information to the organization, individuals interested.
4. Unity of print management, release of papers related to ship registration activities and deployment of information technology applications in prescribed marine registration work.
5. International Cooperation on Marine Registration.
6. Notice the specific information on the Vietnam Maritime Service ' s electronic information page on the address, account of the Regional Marine Registration Authority to organize, the individual involved carrying out the dispatch of records through the postal and filing fees, the charges associated with the license plate. The form of a bank transfer.
What? 6. The mission of the regional marine registration agency
1. Do the registration of shipping by regulation at the Ministry of Maritime Code of Vietnam and this decree.
2. Make up the registration of the sea vessel in accordance with the provisions of the law on the guarantee trade and registration of the guarantee transaction.
3. Archive and management of records related to marine registration activities in the area and provide relevant information to the organization, individuals of interest.
4. Thu, file, and use the licence fee prescribed by law.
What? 7. Vietnam National Seaboat Registry
1. Vietnam National Marine Register records information relating to registration and deletion of the ship's license registration, Vietnam National Seaboard registration book is set up in the form of records on paper or electronic logs.
2. Vietnam National Register of National Seaboard consists of prescribed content at Annex III issued by this decree.
Item 2
REGISTRATION OF THE VIETNAMESE SEA SHIP
What? 8. Limit the age of sea ships registered for the first time in Vietnam
The first registered seaship in Vietnam must have the age of the sea under the following regulations:
a) The passenger ship is no more than 10 years old;
b) Other types of sea vessels are no more than 15 years old.
2. The limit of the age of the sea ships stipulated at Clause 1 This does not apply to ships owned by the individual, the foreign organization being auced in Vietnam under the coerco decision of the competent authority.
3. Foreign liner due to the organization, the Vietnamese personally purchased by the purchase or purchase method after the registration deadline carries the flag of foreign nationality being transferred to Vietnam ' s national flag, if at the time of the signing of the lease, the lease has age. Well, the ship is consistent with the provisions of this one.
What? 9. Place the name of the liner and port of registration
1. The ship name was set by the owner but not to coincide with the name of the vessel registered in the Vietnam National Marine Register; no use of the name of the state agency, the People ' s Armed Forces unit, political organization name, political organization-society, organization and organization. Social politics-the profession, social organization, social organization-the profession to do the whole or part of the ship ' s own name, unless the case has the approval of the agency, the unit or that organization; does not use the word, the symbol of traditional infringement. History, culture, morality, and customs of the nation.
2. The filing recommended for the name of the sea ship, including:
a) The proposed application for the naming of the ship by Type 5 specified in Annex I issued by this decree;
b) The purchase contract, sale of a ship or a new sea contract or other evidence has the equivalent legal value of ownership to the ship (a copy of a copy or a major copy for the passport);
c) Business registration certification or Enterprise Registration Certificate (a copy with a major copy or copy for the passport). The owner of the ship is a foreign organization that permits the establishment of a branch in Vietnam (a copy of a copy or a major copy for the passport);
d) The owner of the ship is that the individual must submit additional identification of the people (a copy of a copy itself to the passport) or certificate of residence certificate of the township security (main version). The owner of the ship is a foreign individual who pays a passport (a copy with a major version of the passport).
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 2 (two) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3 (three) working days, since the date of receiving a valid record, the regional ship registry responded to the ship's owner by writing about the approval of the ship's name by the owner of the ship; the unapproved case must be answered by the written statement stating the reason.
5. The owner selects the name of the port to register for its sea ship after the seaport where the marine registry is based.
What? 10. Marine registration procedures are not limited
1. Vietnamese shipping certificate.
a) The Vietnam Sea ship registration certificate issued to the registration vessel is not limited to sufficient conditions and has been registered to the Vietnam National Marine Registration Register under the regulations stipulated at this decree;
b) The Vietnamese ship registration certificate is issued 1 (a) the main order by Type 4 specified in Annex II issued by this decree;
c) Vietnam ship registration certificate has a value used since the date granted to the date of the deletion of that ship.
2. Marine registration records are not limited, including:
a) The declaration of the license plate by the number 2 designation at Annex I issued by this decree;
b) The license to remove marine registration (the main version) for the used vessel or the receipt of hand-to-ship traffic to the newly-built sea ship (main version);
c) Contract for purchase, sale of a train or contract to a new sea ship or other evidence has the equivalent legal value that proves ownership of the ship (main version);
d) The license to receive a marine capacity (a copy with a certificate or a major copy to the object);
) A license plate hierarchy (a copy with a certificate or a major copy for the passport);
e) A certificate of proof has submitted a fee in the prescribed book, including a predetermined filing of the tax authority and the certificate of money to the state budget (a copy of a copy itself to the passport). Whether the ship is subject to a non-file fee, then the tax agency's confirmation of the tax authority (a copy of the main copy for the passport);
g) Business registration certificates or Enterprise Registration Certificate (a copy with a major copy or copy for the passport). The owner of the ship is a foreign organization that permits the establishment of a branch in Vietnam (a copy of a copy or a major copy for the passport);
h) The host case is that the individual is also required to submit additional identification of the people (a copy of a copy itself to the passport) or certificate of residence certification of the township security (main version). The owner of the ship is a foreign individual who pays a passport (a copy with a major version of the passport).
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional ship registration agency issued a certificate of registration of the Vietnam Sea Ship and paid directly or sent through the postal system; the case does not issue a certificate to respond in person. The text is clear.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 11. Marine registration procedure has a deadline
1. Marine registration certification with a deadline.
a) The registration deadline for the vessel is inscribed in a ship registration certificate corresponding to the duration of the lease lease contract or the contract to lease the ceiling or at the request of the ship owner.
b) The license plate registration certificate has the deadline to be issued 1 (one) the main order by the number 1 designation specified in Annex II issued by this decree.
2. Marine registration records that have a deadline in the event that the owner of the ship is the organization, the Vietnamese personally hired ships or charter ships, including:
a) The declaration of the license plate by the number 2 designation at Annex I issued by this decree;
b) The license to receive a marine capacity (a copy with a certificate or a major copy for the passport);
c) Ship certification certification (a copy with a certificate or a major copy for the passport);
d) Business registration certificates or Enterprise Registration Certificate (a copy of a certificate or a major copy for the passport);
) The license for the registration of the ship's license plate (main version);
e) Contract lease lease or ceiling lease contract (main version);
g) The train table (main);
h) A certificate of proof has submitted a pre-prescribed charge of fees, including a bill of charges before the confirmation book of the tax authority and the certificate of money to the state budget (a copy of a copy itself to the passport). Whether the ship is subject to a non-file fee, then the tax agency's confirmation of the tax authority (a copy of the main copy for the passport);
i) The owner of the ship is that the individual must submit additional identification of the people (a copy of a copy itself to the passport) or certificate of residence certification of the township security (main version).
3. Marine registration records that have a deadline in the case of ship owners are organizations or foreign individuals, including regulatory papers at points a, b, c, e, e, g and h clause 2 This; the license to establish branch in Vietnam (a copy of whether or not). A copy of the main copy for a passport or a passport (a copy with a major version for the reference).
4. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
5. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
6. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 12. Marine registration procedures
1. The registration certificate in the case of a registered marine vessel is a ship registration certificate issued by the regional ship registry for the ship's owner in the form of registration of that ship.
2. Marine registration records include:
a) The case of registration of the sea ship is not limited, the registration filing includes the prescribed papers at paragraph 2 Article 10 of this decree;
b) The case of registration of the sea ship with a deadline, the registration filing includes the prescribed papers at paragraph 2 Article 11 of this decree;
c) The case of registration of the shipping vessel is closed, the registration filing includes regulatory papers at Point c, d and clause 2 Article 21 of this decree;
d) The case of registration of small-type marine vessels, registration records included regulatory papers at paragraph 2 Article 22 of this decree.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 13. The registration procedure changes the name of the liner
1. The registration certificate issued in the case of the ship's change in the name of the vessel is the registration certificate corresponding to the earlier registration form with the new name of that ship.
2. The registration records change the name of the liner.
a) The school registration case is not dead-term, registration records include: The affidavit proposes a change in the number 1 pattern stipulated at the Appendix I issued with this decree; the papers stipulate at the point d, clause 2 Article 10 of this decree and the map. It's a sign of registration.
b) The school registration case has a deadline, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the prescribed papers at the points b, c and e Section 2 Article 11 of this decree and the map. It's a sign of registration.
c) The school registration case is closed, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the identification papers at Point 2 Article 21 of this decree and the paper itself. receive the sign of the sea ship;
d) The case of registration of the small-type marine vessel, registration records include: The affidavit recommends a change in the number 1 pattern specified at Appendix I issued with this decree; the identification papers at Point 2 Article 22 of this decree and the paper itself. It's a sign of registration.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to the regional ship regionship registry where the ship has been registered before.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 14. The registry changes the name of the sea ship owner
1. Marine registration certification issued in the event of a change in the name of the ship owner is a ship registration certificate corresponding to the earlier registration form of that ship with the ship's new designation.
2. The registration records change the name of the sea ship.
a) The school registration case is not a deadline, registration records include: The affidavit recommends a change in the number 1 template specified at Annex I issued by this decree; regulatory papers at d, e, g and h 2 Article 10 of this decree. And the paper itself was signed by the license plate.
b) The school registration case has a deadline, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the prescribed papers at the points b, c, d and i paragraph 2 Article 11 of this decree and The license itself was signed by the ship's registration.
c) The school registration case is closed, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the documents specified at the points c, d and Article 2 Article 21 of this decree and the map. It's a sign of registration.
d) The case of registration of small-type marine ships, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree, the identification papers at the points, e and g 2 Article 22 of this decree and the map. It's a sign of registration.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to the regional ship regionship registry where the ship has been registered before.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 15. The registry changes the owner of the sea train
1. The sign registration certificate issued in the case of a change in the owner of the ship is the registration certificate for the new ship to correspond to the earlier registration form of the vessel.
2. The registration records change the owner of the ship.
a) The school registration case is not dead-term, registration records include: The affidavit recommends registering changes according to the number 1 pattern specified at Annex I issued by this decree; regulatory papers at points c, d, e, e, g and h 2 Article 10 of the Protocol. This is; the paper itself receives the registration of the vessel and the official text of the accepted party (for the case of the ship being in a state of acceptance);
b) The school registration case has a deadline, registration records include: The affidavit proposes a change in the number 1 pattern specified at Annex I issued by this decree; the prescribed papers at the points b, c, d, e, g, h and i Clap 2 Article 11 of the Protocol This is; the paper itself receives the registration of the vessel and the official text of the accepted party (for the case of the ship being in a state of acceptance);
c) The school registration case is closed, the registration filing includes: The affidavit recommends a change in the number 1 Form at the Appendix I issued with this decree; the papers stipulate at the d Point, clause 2 Article 21 of this decree; the official The certificate of registration of the vessel and the official text of the acceptance of the mortgage (for the case of ships being in a mortgage);
d) The case of registration of a small class ship, registration records include: The affidavit recommends registering changes in the number 1 pattern specified at Annex I issued by this decree; the prescribed papers at points c, d, e, e, and g 2 Article 22 of this decree; The acceptance of the ship's registration and the acceptance of the acceptance by the acceptance of the mortgage (for the case of ships being in a mortgage).
3. Organization, individuals submit 1 (a) direct case file or sent through the postal system to the regional marine registration body where the vessel has been registered before.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 16. The registry changes the texture and specifications of the marine ship.
1. The marine registration certificate issued in the case of sea ship changes to the texture and the number of marine engineering is the registration certificate corresponding to the earlier registration form of that ship issued to the owner of the ship with the registration of the ship. Marine engineering and structural engineering.
2. The registration profile changes the texture and specifications of the marine ship.
a) The school registration case is not dead-term, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the prescribed papers at d and 2 Articles 2 Articles 10 of this decree and the map. It's a sign of registration.
b) The school registration case has a deadline: registration records include the declaration of registration changes by the number 1 pattern specified at Annex I issued by this decree; the prescribed papers at the points b and paragraph 2 Article 11 of this decree and the map. It's a sign of registration.
c) The school registration case is closed, registration records include: The affidavit proposes a change in the Number 1 Form at Appendix I issued with this decree; the identification papers at the B Point 2 Article 21 of this decree and the paper itself itself. receive the sign of the sea ship;
d) The case of registration of the small-type marine vessel, registration records include: The affidavit recommends a change in the number 1 pattern specified at Appendix I issued with this decree; the identification papers at Point 2 Article 22 of this decree and the paper itself. It's a sign of registration.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to the regional ship regionship registry where the ship has been registered before.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges the registration fee of the ship by the Ministry of Finance directly directly or transferred into the account of the regional ship registry before receiving the results; the entire cost of sending records, documents, and expenses related to the transfer.
What? 17. The registration procedure changes the regional ship registry.
1. Marine registration certification issued when a change in the area of the regional ship registry is a ship registration certificate issued by the new regional ship registry for the ship to correspond to the earlier registration form of that ship.
2. Registration profile changes the regionship registry.
a) The school registration case is not dead-term, registration records include: The affidavit proposes a change in the number 1 pattern specified at Annex I issued by Decree; regulatory papers at d, e, g and h 2 Article 10 of this decree and The paper itself is receiving the registration of the ship's registration.
b) The school registration case has a deadline, registration records include: The affidavit recommends registering changes in the number 1 pattern specified at Annex I issued with this decree and the prescribed papers at points b, c, d, e, g and i paragraph 2 Article 11 of the Decree. Hey, hey, hey, hey, hey, hey, hey, hey, hey,
c) The school registration case is closed, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the documents specified at the points b, d and clause 2 Article 21 of this decree and the map. It's a certificate for the registration of the ship's registration.
d) The case of registration of small-type marine ships, registration records include: The affidavit proposes a change in the number 1 pattern specified at Annex I issued by this decree; regulatory papers at the points, e and g 2 Article 22 of this decree and the map. It's the license to remove the ship's registration.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 18. The registration procedure changes to the Marine registration organization
1. Marine registration certification when changing the registration organization of the vessel is a ship registration certificate issued to the ship owner corresponding to the earlier registration form of that ship.
2. The registration profile changes the organization of the sea ship.
a) The school registration case is not dead-term, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the identification papers at the point of d, clause 2 Article 10 of this decree and the official. Marine registration certificate;
b) The school registration case has a deadline, the registration case includes: The affidavit recommends registering changes by Type 1 specified in Appendix I issued with this decree; the prescribed papers at point b, paragraph 2 Article 11 of this decree and the official version. Marine registration certificate;
c) The school registration case is closed, registration records include: The affidavit proposes a change in the number 1 pattern specified at Appendix I issued with this decree; the identification papers at Point 2 Article 21 of this decree and the paper itself. receive the sign of the sea ship;
d) The case of registration of a small class ship, registration records include: The affidavit recommends registering changes in Form 1 regulation at Annex I issued with this decree; the identification papers at Point 2 Article 22 of this decree and the certificate itself. Sign the ship.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to the regional ship regionship registry where the ship has been registered before.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 19. Marine registration procedure temporarily
1. Vietnam Sea ship temporary registration certificate:
a) A temporary registration certificate issued by the Vietnam Sea Ship Level 01 (a) a major version for the temporary vessel registration vessel carrying the flag of Vietnam by Type 2 specified in Appendix II issued by this decree;
b) The temporary registration certificate for the Vietnamese ship has a value of 180 (one hundred and eighty) days, since the date of the grant. In the case of a temporary registration of the Vietnam Sea ship, the ship was not in effect when the ship was not able to return to Vietnam to complete the official registration procedure, the regionship regionship of the area where the certificate issued a temporary registration of the ship's registration. But there were no more than 180 (one hundred and eighty) days, since the effective date of the Certificate of Registration for the first time. The case after the extension of the Vietnam Sea ship temporary registration certificate the ship was not yet able to return to Vietnam to complete the official registration procedure for insecurity reasons, the Vietnam Maritime Bureau chief decided to renew the time of the naval registration period. temporary but not more than 180 (one hundred and eighty) days.
2. The temporary marine registration record includes:
a) The case has not yet submitted a fee, the fee, the registration records include: The declaration of the license plate in accordance with the number 2 designation specified at Annex I issued by this decree; the prescribed papers at the points b, c, d, e, g, and h 2 Article 10 of this decree;
b) The case has yet to have a license for the deletion of the marine vessel registration, registration records include: Sea registration records by Type 2 specified at Annex I issued by this decree; regulatory papers at points c, d, e, g and h 2 Article 10 of the Protocol. This way.
c) The case of a new shipbuilding test case, registration records include: The declaration of a ship registration by Type 2 specified in Appendix I issued by this decree; the prescribed papers at points c, d, g and h 2 Article 10 of this decree;
d) The case of receiving a new vessel to return to the registration site on the basis of a shipbuilding contract, the registration filing includes: The sign registers the vessel by Type 2 specified at Annex I issued by this decree; regulatory papers at points c, d, e, g and h. Paragraph 2 Article 10 of this decree.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 20. The procedure for a temporary license to carry Vietnamese flag
1. A temporary permit carrying the national flag of Vietnam:
a) A temporary permit carrying the nationality flag of Vietnam by the agency of foreign affairs, the consug/or other agency is authorized to carry out the consul function of Vietnam abroad (later known as the Vietnam Representative Agency) level 01 (one) the official government of Vietnam. According to the Appendix II issued by Annex II issued by this decree for the organization, the Vietnamese personally purchased the organization's sea ship, the foreign individual;
b) The temporary permit carrying the Vietnamese flag is valid only for 1 (one) specific journey of that ship and has the value of use since it was granted until the ship arrived at the first sea port of Vietnam.
2. A temporary license issued to Vietnam national flag including:
a) The declaration of the license plate by the number 2 designation at Annex I issued by this decree;
b) The registration deletion certificate for the case of the used vessel case (a copy of the main version for the reference);
c) The receipt of the delivery of the train for the new ship received overseas to take the ship to Vietnam (a copy of the main version for the reference);
d) The purchase contract, sale of a ship or a new sea contract or other evidence has the equivalent legal value that proves ownership of the ship (a copy with the main attentiation to the passport);
) The license to receive a marine capacity (a copy with a major version for the reference);
e) Ship certification certification (a major version with a passport);
g) Business registration certification or Enterprise Registration Certificate (Certificate copy). The owner of the ship is a foreign organization that permits the establishment of a branch in Vietnam.
h) The owner's case is that the individual must submit additional identification of the people's proof (a copy of a major version to the passport) or certificate of residence certificate of the township security (main version). The owner of the ship is a foreign individual who pays a passport (a copy with a major version of the passport).
3. Organization, individuals submit 1 (a) directly or sent through the postal system to one of the Vietnamese representative agencies where the purchase of the train or where the train is located.
4. Vietnam ' s representative agency receives the profile, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case of receiving a postal record, if the case is not valid, is at least 3 (three) of work day, since the date of the filing, the Vietnamese Representative Agency instructs the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving a valid record, the Vietnamese Representative Authority granted a temporary license to carry the flag of Vietnam and pay directly or send through the postal system; the case does not issue a license to respond in writing. I don't know why.
What? 21. Marine registration procedures are closing
1. Marine registration certificate is closing:
a) Submarine registration certification is currently under order 1 (a) the main version of the number 3 designation specified in Annex II issued by this decree;
b) The seal registration certificate is closing in no value to replace the signage registration certificate.
2. Marine registration records are closing:
a) The declaration of the license plate by the number 2 designation at Annex I issued by this decree;
b) New sea train (main);
c) The ship confirmed the main reservation of the registered shipbuilding facility of the registry (the main version);
d) Business registration certificates or Enterprise Registration Certificate (a copy with a major copy or copy for the passport). The owner of the ship is a foreign organization that permits the establishment of a branch in Vietnam (a copy of a copy or a major copy for the passport);
The owner of the ship is an individual who must submit a citizen's proof (a copy of the itself to the passport) or certificate of residence of the township's confirmed residence (main version). The owner of the ship is a foreign individual who pays a passport (a copy with a major version of the passport).
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 22. Small Marine registration procedure
1. The small license plate registration certificate is issued 1 (a) the main version of the number 4 designation specified in Annex II issued by this decree.
2. Small sea ship registration records include:
a) The declaration of the license plate by the number 2 designation at Annex I issued by this decree;
b) The license to remove marine registration (the main version) for the used vessel or border crossing of the new sea liner (main version);
c) Contract for purchase, sale of a train or contract to a new sea ship or other evidence has the equivalent legal value that proves ownership of the ship (main version);
d) A certificate of proof has submitted a fee in the prescribed book by statute, which includes a tax charge filed before the confirmation of the tax authority and the evidence from paying into the state budget (a copy of a copy itself to the passport). Whether the ship is subject to a non-file fee, then the tax agency's confirmation of the tax authority (a copy of the main copy for the passport);
A certificate of business registration or corporate registration certificate (a copy of a copy or a major copy for the passport). The owner of the ship is a foreign organization that permits the establishment of a branch in Vietnam (a copy of a copy or a major copy for the passport);
e) The owner of the ship is that the individual must submit additional identification of the people (a copy of a copy itself to the passport) or certificate of residence certification of the township security (main version). If the owner of the ship is a foreign individual, the passport is shown.
g) Marine engineering safety checkbook (a major version with a reference).
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to one of the regional marine registration authorities.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner charges a shipping fee under the provisions of the Ministry of Finance, directly submit or transferred into the account of the regional ship registry body before receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer.
What? 23. Vietnam ship registration procedure
1. Vietnam Marine registration certification is issued in cases of regulation at Article 20 of the Vietnam Maritime Code in 2005 and issued 1 (a) the main order of the 5-specified Form in Annex II issued by this decree.
2. Vietnam Sea ship registration deletion includes:
a) The declaration of the deletion of the ship's license by Type 3 at Appendix I issued by this decree;
b) Sea ship registration certification (main version). If the ship's registration certificate is lost, the owner must specify a reason.
c) The case of a secular sea train must be approved by the recipient ' s written approval and must remove the mortgage registration.
3. Organization, individuals submit directly to the 1 (a) file set or sent through the postal system to the regional ship regionship registry where the ship has been registered before.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid files, the Regional Ship Registration Authority issued a Certificate of Registration Deletion of the Vietnam Sea ship and directly paid or sent through the postal system; the case does not issue a certificate to answer. with the text stating the reason.
5. The owner charges the deletion fee of the ship registration under the provisions of the Ministry of Finance, directly filed or transferred to the regional ship registry ' s account prior to receiving the results; tolerance of the entire cost of filing, text, and expenses related to the transfer. -No.
What? 24. The procedure of granting a marine registration certificate certificate
1. The case of a lost, damaged, marine registration certificate, the regional ship registry issued to the ship owner on the basis of the ship's earlier registration form.
2. The record-level registration certificate includes:
a) The application provides a license to receive a license registration of the ship by a Form 4 specified in Annex I issued by this decree;
b) Seaship registration certificates for the case of failure.
3. Organization, individuals submit directly to 1 (a) set of records or sent through the postal system to the regional ship regionship registry where the vessel has registered and is granted a marine registration certification.
4. The area of the regional ship registry receives the case, which checks the validity of the profile:
a) The case of direct filing, if the case is not valid, the organization guide, the individual finer the case; if the valid profile is in the tracking book, the document level receipt and returns the result of the specified time;
b) The case receives the case through the postal route, if the case is not valid, the slowest of 3 (three) working days, since the date of the filing, the regional train regionship is to complete the completion of the prescribed profile at this decree;
c) Slow 3rd (three) working day, since the date of receiving valid records, the regional shipping authority grants the registration of the vessel registration and returns directly or sent through the postal system; the case does not grant a certificate of receiving a written answer. I don't know why.
5. The owner of the ship pays a license to grant a license to receive a ship registration under the provisions of the Ministry of Finance, directly submit or transferred into the Regional Ship Registration Authority's account before receiving the results; tolerance of the entire cost of filing, text, and expenses. related to the transfer.
Section 3
THE MARINE VESSEL IS OWNED BY THE ORGANIZATION, THE VIETNAMESE PERSONALLY REGISTERED TO CARRY FOREIGN NATIONAL FLAGS.
What? 25. Seaboat conditions are owned by the organization, the Vietnamese personally registered to carry foreign national flags.
1. The marine being purchased, the new closure of state or business enterprises that have the state 's capital must register to carry Vietnam' s national flag, minus the stipulation case at Section 3 This and other special cases led by the Minister of Transport. decision.
2. The purchased vessel, the new closure of the non-state-owned enterprise or of the organization, the individual, is registered to carry foreign national flags in unqualified marine cases to be registered to the Vietnam National Seaboard Registration book in accordance with the rules. It is at Article 16 of the Vietnam Maritime Code of 2005 and is defined by this decree.
3. The case of seaship carrying Vietnamese national flags is held, foreign individuals who hire or rent a ceiling vessel are registered to carry foreign national flags if the owner of the ship is required.
What? 26. Marine registration procedure carrying foreign nationality flag
1. The procedure for registration of maritime vessels carrying foreign national flags is in accordance with the laws of the ship nation carrying the flag.
2. The flag carrying the flag of Vietnam held, the foreign individual hired or leased before registering to carry foreign national flags must be made to remove the registration of the Vietnamese liner under regulation at Article 23 of this decree.
Chapter III
BUY, SELL AND CLOSE THE SHIP
What? 27. The principle of buying, selling, new shipping
1. The purchase, sale, closing of the ship is the special investment activity. The procedure, the procedure of approval of the topic; the decision to purchase, sell, shut down the sea ship in accordance with the regulation at this decree and the provisions of the relevant law.
2. The ship is purchased, sold, closed to meet the conditions of maritime safety, maritime security and environmental protection according to the regulation of Vietnamese law and the related international treaty that Vietnam is a member.
What? 28. Buy, sell, brand new ship
1. The purchase form, the shipping sale of the state business or the state-funded business.
a) The purchase, sale of the sea train between the business with the organization, the foreign individual is made in the form of a competitive offering according to international law with at least 03 (three) the greer is the owner or the broker;
b) The purchase, sale of shipping between the business with the organization, the Vietnamese individual is made in the form of an auction in accordance with the rule of law or the competitive greeting by international law.
2. For the new closure project of the state enterprise of state-owned enterprises or state-owned enterprises made in the form of a competitive offering with at least 03 shipbuilding factories or shipbuilding factory representatives.
3. The form of purchase, sale, new shipbuilding of the enterprise has no state capital or of the organization, the individual due to the business, organization, individual self-determination.
1. Approvation of shipping purchase.
2. The ship selection, which determines the purchase price and costs associated with the purchase of the ship purchases.
3. Set up, approve the project to buy the ship. The procurement project includes the necessary content of the necessity of investing, the type of ship, the number, the basic specifications of ships, the expected price of ships, the source of capital purchase, the purchase of ships, the form of purchase, the economic efficiency and other necessary content.
4. The decision to buy the ship.
5. Complete the shipping procedure.
What? 30. The sequence makes the sale of the ship
1. Approved maritime sales.
2. Identilocate the starting sale price and envisage the costs associated with the shipping transaction.
3. Set up, approve the shipping project. The semi-shipping project includes the necessary content of the necessity of selling ships, numbers, the basic specifications of ships, the expected sale prices, the form of ship sales, and other necessary content.
4. The decision to sell the ship.
5. Complete shipping procedure.
What? 31. The sequencing of the new sea boat project
1. Approvation of maritime shipbuilding.
2. Choice, price determination and capital closed capital ship and the costs associated with the new sea-ship closure transaction.
3. Set up, approve the new shipbuilding project. The new sea-ship closure project includes the content of the necessity of investing, the type of seaship, the number, the basic engineering parameters of the ship, the expected price, the new marine capital, the new form of ocean ships, the extraction, economic efficiency, and other areas. The contents are different.
4. The decision to close the ship.
5. Complete new sea boat closure.
What? 32. Authority approx holder; decision to buy, sell, seal new shipping
1. For the purchase, sale, new shipbuilding of state enterprises or businesses that have the state ' s capital.
The authority approve the chairman; the decision to buy, sell, shut down the ship made by regulation at Decree No. 99 /2012/NĐ-CP November 15, 2012 of the Government on Assignment, Devolve Implementation Of Rights, Responsibilities, obligations of state owners to state enterprises and state capital invested in the business, Protocol No. 71 /2013/NĐ-CP The July 11, 2013 Government of the Government on the Investment of the State Capital into the business and financial management to the State-held business holds 100% of the charter capital and other provisions of the relevant legislation.
2. For the purchase, sale, new shipbuilding of the business without state capital or of the organization, the individual due to the business, organization, individual self-determination.
What? 33. Profile of the decision to buy, sell, seal new shipping
1. The report decided to buy a sea ship:
a) The report of the purchase of the ship, which highlights the outcome of competition or auction;
b) The maritime purchase project was approved with the decision to approve the project;
c) Copy of the license plate registration;
d) The marine engineering examiner 's inspection of the Vietnam Register or of the foreign registry, the international ship' s director at the designation of the buyer, the sale of the registered maritime vessel Vietnam acknowledged;
Copies of maritime safety certificates, protection of the ship's environment due to a competent authority over the extraction ship;
e) The text approx the lending of the credit organization (if any).
2. The records decided to sell the sea ship, including the closed liner:
a) The proposal for the sale of the sea ship, which highlights the outcome of competition or auction;
b) The copy of the ship registration certificate;
c) The text of the sale of the sales records of the organizations, individuals for the capital loan business, the guarantee for the business involving ships intended for sale or of the organization, the individual is receiving the intended ship of the ship to sell;
d) A copy of the certificate of maritime safety, protection of the ship's environment due to a competent authority registration organization.
3. Case of decision-making.
a) The building of the new shipbuilding, which highlights the outcome of the competition;
b) The new ship closure project has been approved with the decision to approve the project;
c) The basic design profile of the new closed vessel is approved by the registry;
d) The main content of the contract draft or the equivalent agreement text;
The loan guarantee agreement, if a new sea train or loan is required.
What? 34. The responsibility and authority of the buyer, sale, new sea vessel
1. Organization, personal purchase, sale, new shipbuilding are responsible for:
a) The authenticity and legality of the document accompanying the case of the decision to buy, sell, close the ship of the sea;
b) The authenticity and technical quality of the ship; the purchase price, sale, closing of the sea ship and the financial conditions of the purchase, sale, new shipbuilding;
c) Content of the terms of the draft contract purchase, sale, closing of the ship and only the official signing of the purchase contract, sale, closing of the ship when it has been decided to buy, sell, shut down the sea ship of the competent grant;
d) Efficiate the investment of the project; the rationality of the purchase method, the new closure, the method of mobiling that has selected on the basis of balance with the ability to finance, technology and business plans to exploit the shipping.
2. The authority of the organization, the individual to buy, sell, shut down the sea ship:
a) Being directly traded, contracted to buy, sell, shut down the ship and make a procedure, export the sea vessel on the basis of the decision to buy, sell, shut down the sea ship of the competent grant;
b) In the case of the necessary review, the organization, the individual purchased, sold, closed the ship may hire project construction consulting and/or trust others for the procedure of the delivery, export of the sea ship.
What? 35. export procedures, sea boat imports
The base decided to buy, sell, build new ships; contract to buy, sell, shut down the ship; the border of shipping and the text confirmed the naval engineering status of the Vietnam Department of Registration after making its first inspection of the imported sea vessel, the agency said. The customs officials are responsible for exporting the ship, importing ships. The actual examination of the export ship, imported from Vietnam or other locations by the General Secretary General of the Bureau of Customs.
Chapter IV
EXECUTION CLAUSE
1. This decree has the enforcement effect since 1 January 2014 and the abolition of the International Protocol. 29 /2009/NĐ-CP March 26, 2009 by the Government on registration and purchase, sale of shipping; Protocol No. 77 /2011/ND-CP September 1, 2011 of the Government amended, adds some of the provisions of the Digital Protocol. 29 /2009/NĐ-CP March 26, 2009 by the Government on registration and purchase, ship sales.
2. The committee is attached to this Protocol 03 Annex:
a) Annex I: The Form Sheet, the offer.
b) Annex II: Template certificate,
c) Annex III: National Register of Marine Subscriptions.
What? 37. The transition clause
1. Marine registration and registration certificates issued before the date of this Decree is valid for still valid use until the end of the record in certificates or until a change in registration or deletion of the mortgage. The ocean ship.
2. The projects to buy, sell, seal new ships that have been approved before the date of this Decree to take effect without applicable regulations at this Decree.
The ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee and the Agency, the organization, the relevant individual responsible for the implementation of this decree.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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