Circulars 46/2011/tt-Bgtvt: Regulations On Grants, Recovery Of The Insurance Certificate Or Financial Guarantee According To The International Convention On Civil Liability For Oil Pollution Damage Of Fuel And N. ..

Original Language Title: Thông tư 46/2011/TT-BGTVT: Quy định về cấp, thu hồi Giấy chứng nhận bảo hiểm hoặc bảo đảm tài chính theo Công ước quốc tế về trách nhiệm dân sự đối với tổn thất ô nhiễm dầu nhiên liệu nă...

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The Vietnam maritime law base on June 14, 2005;

Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;

Based on the International Convention of civil liability for oil pollution damage 2001 fuel which Vietnam is a Member;

Minister of transport-level regulations, revocation of the certificate of insurance or financial guarantees under the International Convention on civil liability for oil pollution damage 2001 fuel as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the granting, revocation of the certificate of insurance or financial guarantees on civil liability for oil pollution damage of fuel under the provisions of the International Convention on civil liability for oil pollution damage 2001 fuel (hereinafter referred to as the bunkers Convention 2001).

Article 2. The object that applies to this circular apply to organizations, individuals and organizations, Vietnam foreign individuals relating to the granting, revocation of the certificate of insurance or financial guarantees on civil liability for oil pollution damage of fuel as specified by the Bunker Convention 2001.

Chapter II GRANT, REVOKE the CERTIFICATE of INSURANCE or FINANCIAL GUARANTEES on CIVIL LIABILITY for oil pollution DAMAGE of FUEL Regulator 3. Insurance certificate or a financial guarantee of civil liability for oil pollution damage of fuel 1. Insurance certificate or a financial guarantee of civil liability for oil pollution damage (hereinafter referred to as the certificate) issued by the registry of national ships or ship register area (hereinafter referred to as ship registration agency) the provisions of article 10 of this circular to confirm that the insurance or the other financial assurance for the vessel effect, meet the requirements of article 7 of the bunkers Convention 2001.

2. The time limit for use of the corresponding certificate with the time limit stated in the insurance certificate or a financial guarantee granted by the ship.

3. The certificate is granted 1 (one) original for ship owners and 1 (one) copy (capture) saved in the registry of the ship.

Article 4. The object is certificate 1. Vietnam ship has a total of over 1000 GT operating international routes;

2. Vietnam ship has a total of over 1000 GT operated domestic, foreign ships have a total area of over 1000 GT will be certified if the shipowner has asked.

Article 5. Conditions of certification of ships with the provisions of article 4 of this circular have the insurance or financial guarantee of civil liability for oil pollution damage of fuel as specified by the Bunker Convention 2001.

Article 6. Certification records 1. Certification records include: a) Menu suggested by the shipowner under the form prescribed in annex I of this circular;

b) original insurance certificate or financial guarantee conformity with regulations of the Bunker Convention 2001; the case had insurance reinsurance must submit both the original certificate of the receiving organization related reinsurance.

Case of insurance or financial guarantee, the certificate of insurance of civil liability of ship owners are granted in the form of electronic data, ship owners must provide the official address, the legal information page of the Organization have to check;

c) copy (capture) the certificate of registration of the ship.

2. Number of records payable is 1 (one).

Article 7. How ship owners filing submission directly or submit resumes through the postal system to ship registry.

Article 8. The order submission, receive and process the record 1. The order submission, receipt: a) the shipowner directly submit or send resumes to ship registry.

b) ship register receipt directly from the ship owners or through the mail.

2. Processing profile: a) the direct case filing: ship registration authorities check the prescribed records, on the record book and granting appointments charged results time specified in article 9 of this circular;

b) case sent through the postal system profile: ship registration records as prescribed and on the shared documents with the correct date and postmark. On the record book is based on calculating the prescribed certification;

c) for incorrect records regulations: the case of direct filing ship owners, ship registration guide host ship complete documents with the regulations; the case sent through the postal system of records, at the latest within 2 (two) working days from the date of the records, ship registries notify in writing to the shipowner the additional proposal, complete the profile;

d) where records do not qualify as slow for 3 (three) working days from the date of receipt, the registry of the ship to answer in writing and stating the reason.

Article 9. Duration of certificate 1. Slow for 3 (three) working days from the date of receiving the application, regulation of ship registry certificate according to the form prescribed in annex II of this circular.

2. Ship owners receive a certificate directly in the ship registry or through the postal system.

Article 10. The certification authority the agency certification authority's ship registry and the national ship registry areas are specified as follows: 1. The registry of the ship of State is the Vietnam Maritime Bureau.

2. ship registry areas include: a) the Maritime Bureau in Hai Phong city, Vietnam;

b) Bureau of maritime Vietnam in Ho Chi Minh City;

c) Maritime Port of Da Nang.

Article 11. Revocation of the certificate of the certificate granted may be revoked upon violation of one of the following cases: 1. Tampering or repairs, erasing, falsify the content of certificates;

2. Purchase, sale, rental, loan certificates;

3. Deliberately misleading information or declarations using paper repair, forged in the certification application.

Article 12. The certification fee is the fee for the certification made according to the regulations of the Ministry of finance and filed in the registry of the ship before receiving the certificate.

Chapter III IMPLEMENTATION article 13. Vietnam Maritime Bureau's responsibilities and the Organization, the individual concerned 1. Vietnam Maritime Bureau is responsible for chairing, in cooperation with the relevant agencies in implementation of this circular.

2. The shipowner and the Organization, individuals are responsible for implementation of this circular and the bunkers Convention 2001.

Article 14. Effective enforcement of this circular effect since January 1st, 2011.

Article 15. Organizing Chief, Chief Inspector, Director of the Service, the Vietnam Maritime Bureau Chief, Director of the Bureau of navigation, Director of maritime Port of Da Nang, the heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.

 

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