Circular 12/2011/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, 1992

Original Language Title: Thông tư 12/2011/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 năm 1992

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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, 1992 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, 1992, as follows: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Authority Circular, sequence, procedure, revoke the certificate of insurance or financial guarantees on civil liability for oil pollution damage under the International Convention on civil liability projections for oil pollution damage, 1992 (hereinafter referred to as the 1992 CLC Convention).  

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 under the 1992 CLC Convention.

Chapter II PROCEDURES for GRANTING, REVOKING the CERTIFICATE of INSURANCE or FINANCIAL GUARANTEES on CIVIL LIABILITY for oil pollution DAMAGE article 3. Insurance certificate or a financial guarantee of civil liability for oil pollution damage 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 guarantee other financing for the vessel effect, meet the requirements of article VII of the Convention CLC 1992.

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 subject was Vietnam ship certification and the ship carrying the flags of foreign nationality over 2000 tons of oil in the form of the Soviet Union.

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 under the 1992 CLC Convention.

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 the provisions of the CLC Convention 1992; the case of the reinsurance coverage, the owner 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 received and processed records 1. The shipowner directly filed or send resumes to ship registry.

2. The responsibility of the ship registry: a) the direct case filing: ship register receipt, 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 register receipt, check the prescribed records 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. The certification deadline at the latest within 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.

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 is revoked when a breach in the following cases: 1. Fake or repaired, erase, 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 1992 CLC Convention.

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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