The Vietnam maritime law _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
This law maritime regulations.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This law sets rules on maritime activity, including regulations on ships, boats, ports, maritime transport, flow of the sea, maritime safety, maritime security, prevention of environmental pollution and other activities related to the use of the ship to the economic purpose, culture , society, sports, public affairs and scientific research.
With regard to military ships, ship the service, fishing vessel, seaplane, inland port, military, fishing port and Marina, port inland only applies in the case of specific provisions of this law.
2. in case there is no difference between the regulations of The Vietnam maritime law with the provisions of other laws regarding the same content related to maritime activities shall apply the provisions of this law.
Article 2. Application object 1. This law applies to organizations, individuals and organizations, Vietnam foreign individuals related to maritime activities in Vietnam.
2. In the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this law shall apply to the provisions of international treaties.
Article 3. The principle of applying the law when there is a conflict of laws 1. In the case of legal relations related to the ownership of the property on the ship, ship rental contract, rental contract crews, a contract of carriage of passengers and baggage, the money split between rescue rescue boat and ship owners of the rescue ships, salvage sunken property in the sea , the incident happened on the ship when the ship is at sea shall apply the law of the country in which the ship carrying the flag of nationality.
2. In the case of legal relations involving shared losses shall apply the law of the place where the ship visit soon after overall losses occur.
3. In the case of legal relations involving collisions, public money for rescue, salvage sunken property occurs in civil or national territorial Hydro would then apply the law of that country.
In the case of legal relations related to collisions or the rescue occurred at sea shall apply the law of the country in which the arbitrator or the courts of First Nations has been accepting dispute resolution.
Cases of collisions occur in the sea or in water, the other country's territorial waters between ships of the same nationality shall apply the law of the country in which the ship carrying the flag of nationality.
4. In the case of legal relations related to the contract of carriage of goods, the application of the law of the country where the goods are paid according to the contract.
1/01/clip_image001.gif "width =" 40 "/> article 4. The rights agreed upon in the contract 1. The parties involved in the contract relating to maritime activities have the right to separate agreements, if this law is not limited.
2. The parties involved in the agreement relating to the maritime operation in which at least one party is a foreign organization or individual shall have the right to apply foreign law, agreements or international maritime Customs in the contractual relationship and choose arbitration, the Court in one of two States or in a third country to settle disputes.
3. In case the law has regulations or the parties have agreed in the contract, foreign law may be applied in Vietnam for the contractual relations related to maritime activities, if such laws are not contrary to the basic principles of the law of Vietnam.
Article 5. The maritime operating principle 1. Maritime activities are subject to the provisions of this law, other provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
2. maritime activities to ensure the safety of navigation, defense, and security; protect the interests, sovereignty, sovereignty rights and jurisdiction of the Socialist Republic of Vietnam.
3. maritime activities to be consistent with the strategy for socio-economic development of the country and the strategy, planning, development plans of transportation.
4. maritime activities must ensure economic efficiency associated with the protection, development, environmental regeneration and sustainable natural landscape.
Article 6. Maritime development policy 1. The State development investment priority infrastructures ports serve for the social-economic development of the country or region; the transport capacity of the fleet in the sea of Vietnam and transfer, scientific applications, advanced marine technology.
2. the State has a policy of encouraging all organizations, individuals, and organizations, Vietnam foreign investment Vietnam ships, sea port infrastructure and perform other maritime activities in Vietnam.
Article 7. Local transport authority 1. Vietnam sea ship shipping priority for domestic goods, passengers and luggage.
2. When the ship Vietnam does not have enough transport capacity, the foreign ships are involved in domestic transport in the following cases: a) shipping Super, super important or other goods by ship specialized sea;
b) for prevention, recovery, disaster, disease or emergency humanitarian aid;
c) carriage of passengers and luggage from the train travelers on the Mainland and vice versa.
3. The Minister of transport decided for the cases specified in point a and point b paragraph 2 of this Article.
Director of Maritime Ports decide for cases specified in point c of paragraph 2 of this Article.
Article 8. The liability of maritime governance 1. The unified Government on maritime governance.
2. The Ministry of transport of the Government is responsible to perform maritime governance.
3. The ministerial-level agencies, within the scope of the task, their powers are responsible for coordinating with the Department of transport implement maritime governance.
4. the people's Committee in the scope of its powers, duties performed maritime governance at the local level.
Article 9. The maritime inspection 1. Marine inspection in the inspection of the Ministry of transportation inspection functions of maritime majors.
2. The organization, functions, duties and powers of the maritime inspection performed under the provisions of this law and the law on the Ombudsman.
Article 10. The acts prohibited in the maritime operations 1. Harm or threaten to harm the sovereignty and security of the Socialist Republic of Vietnam.
2. Transportation of people, goods, luggage, weapons, radioactive substances, toxic waste substances, narcotics contrary to provisions of the law.
3. Intentionally create obstacles that endanger or impede maritime traffic.
4. Use, exploiting the ship not registered, register or expired registration, register; fake registration, register.
5. Refuse to participate in the search, rescue in case of actual conditions allow.
6. Pollution of the environment.
7. Violate life, health, honour, dignity of people on ships; usurp, deliberately damaging or destroying property on the ship; ran away after the accident.
8. Disorderly public, obstructing or resisting the implementation of the tasks of the person on duty on the ship and in ports.
9. Taking advantage of a position of authority, the rules on the management of navigation; tolerate, cover for violations of maritime law.
10. The acts prohibited in the maritime operations under the provisions of the law.
CHAPTER II the SHIP section 1 GENERAL PROVISIONS

Article 11. Ship ship ship or floating structure in other specialized Mobile works on the sea.
The ship specified in this law does not include military vessels, ship the service and fishing vessel.
Article 12. Vietnam ships 1. Vietnam ship is a ship that was registered in the ship register or Vietnam country since diplomatic representations or consular agency of Vietnam abroad temporary license bearing the flag of Vietnam nationality.
2. Vietnam ships have the right and the obligation to carry the flag of Vietnam nationality.
3. only ships new Vietnam Vietnam nationality flag.
Article 13. The shipowner 1. The shipowner is the owner of the ship.
2. State enterprise by the State affairs management, the exploitation of the ship also applies the provisions of this law and the provisions of the relevant law as against the shipowner.
Section 2 REGISTRATION of SHIPS article 14. Ship registration guidelines 1. The Vietnam ship registration is done according to the following rules: a) the ship is owned by the Organization, personal Vietnam registered in the ship register comprises Vietnam National Register carries the flag of Vietnam nationality and registration of ownership of the vessel.
The ship is owned by foreign individuals, institutions are eligible as defined in article 16 of this Act to be registered in the registry of the ship country Vietnam. The Vietnam ship registration include registration of Vietnam nationality flag and registered owner of the ship or just sign bearing the flag of Vietnam nationality.
Foreign ships by organizations, individuals in the form of boat hire rental Vietnam Tran, hire purchase can be registered ship carrying the flag of Vietnam nationality;
b) ships registered in foreign countries is not registered to bring Vietnam nationality flags, except the old registration has been suspended or deleted;
c) the registration of a ship by the Vietnam ship registry Vietnam made public and collecting fees; the Organization, individuals have the right to request a copy or extract was issued from the registry and the Vietnam national shipping fees.
2. Ships owned by the Organization, individuals can be registered Vietnam carrying flags of foreign nationality.
Article 15. Ship types to register 1. The following ship types are registered in the national ship registry Vietnam: a) motor vessels with a capacity of main machine from 75 KW or more;
b) ship had no engine, but has a total capacity of 50 GT or over or have the payload from 100 tons or over or have the water line length designs from 20 yards or more;
c) smaller ship types ship specified in point a and point b of this clause, but foreign online activities.
2. The registration of the ship type is not in the case prescribed in clause 1 of this article due to government regulations.
Article 16. Vietnam ship registration conditions 1. The ship registration in the registry of the ship to Vietnam's national conditions are the following: a) the legal papers to prove ownership of the ship;
b) volume of certificates, certificate of ship decentralized;
c) the private name of ship registry Vietnam approved;
d) certificate of registration suspended or delete a registration, if a ship which was registered in foreign countries;
DD) the shipowner are based, branch or representative office in Vietnam;
e) foreign ships first used to register or re-register in Vietnam must have a suitable ship with each type of vessel according to the regulations of the Government;
g) Has filed charges and fees as prescribed by the law.
2. foreign-held vessel, personal Vietnam rent in the form of ceiling hire-purchase, chartering the ship when the sign bearing the flag of Vietnam nationality, in addition to the conditions prescribed in points a, b, c, d, e and g of paragraph 1 of this article must have the lease or hire-purchase contract ceiling ship to ship.
Article 17. The liability of the shipowner of a ship registered in Vietnam 1. The shipowner is responsible for providing a full and complete declaration papers, exactly the content related to the vessel register provided for in article 16 and article 19 of this law for the Vietnam ship registry.
2. In case the ship organized by individuals, Vietnam shipbuilding, purchase, inheritance, was donated to the shipowner is responsible for registering the slowest ship is sixty days from the date of the ship in Vietnam or from ship arrived at the port of Vietnam sea first, if the ship is received abroad.
3. The shipowner is responsible for ship registration fees under the provisions of the law.
4. after the completion of the ship owners register ships shall be issued a certificate of registration of the ship Vietnam. This certificate is evidence of the ship carrying the flag of Vietnam and the citizenship status of ship owners.
5. The shipowner is responsible for correctly, fully and promptly to the Vietnam ship registry on every change of content-related vessels registered in the ship register country Vietnam.
6. The provisions of this Article are applicable to organizations, individual ceiling hire-purchase, chartering Vietnam cruise.
Article 18. Ship registration are closed 1. Ship owners are close to have the right to register the ship in ship registry Vietnam country and be issued a certificate of registration of the ship are close. This certificate does not have the value replace the certificate of registration of the ship Vietnam.
2. Ships are closed when registered in the ship register country Vietnam must have the following conditions: a) shipbuilding contracts or contracts for the sale of the ship are close;
b) Ship called a private ship registry Vietnam approved;
c) has placed the main living Ship.
Article 19. The basic content of the national ship registry Vietnam 1. National ship registry Vietnam has the following basic content: a) the old name, the new name of the ship; name, headquarters of the shipowner; the name, branch, representative office in Vietnam of foreign ship owners; name, headquarters of the chartering, ship purchase renter please register; the name of the mining ship, if any; ship type and intended use;
b) port of registry;
c) the registration number;
d) registration;
DD) Where and in the sea;
e) The specifications of the ship;
g) vessel ownership status and changes relevant to the property;
h) time and the reason for suspension or deletion of the registration.
2. Any change in the content of registration prescribed in paragraph 1 of this article must also be clearly on national ship registry Vietnam.
Article 20. Delete the Vietnam ship registration 1. Vietnam ships be clear sign of ship registry in the country of Vietnam in the following cases: a) destroyed or immerse which cannot be salvaged using again;
b) missing;
c) are no longer eligible to be carrying the flag of Vietnam nationality;
d) no longer feature the ship;
DD) as proposed by the shipowner or the registered name of the ship.
2. in the cases specified in point d and point VND account 1 this, ship mortgages only to be cleared of ship registration Vietnam, if ship mortgage recipients which approved.
3. When remove the ship registration or deletion of ship registration are closed in the national ship registry Vietnam, Vietnam ship registry revoked certificate of registration or certificate of Vietnam ship registered ships are close and delete certificates of registration.
Article 21. Detailed regulations about of registration of the ship

The Government details about the Organization and operation of the Vietnam ship registry; order, ship registration procedures in Vietnam; the case of a ship owned by the Organization, Vietnam registered individuals carrying the flags of foreign nationality; the case of a ship owned by the Organization, foreign individuals are registered to carry the flag of Vietnam nationality.
Article 22. Register the public service the public service Ship ship is a ship used to carry the public service not for commercial purposes.
The provisions of this Section are applicable to the ship registration service.
Section 3 of the VIETNAM SHIP REGISTER Article 23. Vietnam ship register 1. Vietnam ships must be held or the Vietnam Register register foreign organizations are the Minister of transportation authorization check, decentralized, granting the technical certificates of maritime safety, maritime security and the prevention of pollution of the environment in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is the Member.
2. Minister of transportation standard regulation on maritime safety, maritime security and the prevention of pollution of the environment with respect to the ship; regulations and organization make the ship register in Vietnam.
Article 24. Check, monitoring techniques for marine Vietnam 1. Ship building, conversion, restoration, repair subjected to checks, the Organization's monitoring post about quality control, technical safety, consistent with the approved design and the records are relevant certification.
2. The ship during operations must be subject to the periodic inspection of the register Organization for quality and safety engineering.
Article 25. Public service ship register the provisions of this Section are applicable to the public service ship register.
ITEM 4 a CERTIFICATE of SHIP'S DOCUMENTS and Article 26. Certificate of ship's documents and 1. The ship must have a certificate of registration of the ship, the certificates of maritime safety, maritime security and the prevention of pollution of the environment in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
The Minister of transport of specific provisions of the certificate of ship's documents and Vietnam.
2. The certificate of maritime safety, maritime security and the prevention of pollution of the environment must specify the time limit is in effect. This deadline was extended by as many as ninety days if the ship actually has no condition to the place assigned to check the technical condition of the ship and the sea in fact still ensures the maritime safety, maritime security and the prevention of environmental pollution. The deadline was extended to this end as soon as the ship has to be assigned to check.
3. The certificate of maritime safety, maritime security and the prevention of pollution of the environment takes effect, if the ship has the changes affected seriously to the possibility of ensuring maritime safety, maritime security and the prevention of environmental pollution.
4. In case there is grounds for that ship does not guarantee the safety of navigation, maritime security and the prevention of environmental pollution, marine surveyor, Maritime Ports has the right to temporarily suspend the operation of the ships, themselves or ask the check post Vietnam organizations check the ship's technical though, before the ship was granted the certificate of maritime safety, maritime security and the prevention of environmental pollution.
Article 27. Certificate of vessel capacity 1. Vietnam sea vessels and foreign vessels when operating in the waters of the port and the sea that Vietnam must have the certificate of the ship by the Vietnam register organization or organization of ship capacity measurement of foreign countries. Certificate of vessel capacity must be compatible with the provisions of the law of Vietnam and the international thing which the Socialist Republic of Vietnam is a member.
2. where there is doubt about the authenticity of the certificate of ship capacity prescribed in paragraph 1 of this article, the competent State agencies of Vietnam itself or at the request of the Organization, the individual concerned decided to proceed to check the capacity of the ship. In case the test results do not match the certificate of vessel capacity, then the owner must pay all costs related to the inspection of ship capacity again. In the case of test results consistent with the certificate of vessel capacity, the State Agency has the authority to examine or organize, personal check must bear the costs related to the inspection of ship capacity again.
ITEM 5 MARITIME SAFETY, MARITIME SECURITY and the PREVENTION OF ENVIRONMENTAL pollution Article 28. Maritime safety, maritime security and the prevention of pollution of the environment 1. Vietnam ships used only on purpose has registered in the registry of the ship when the Vietnam national structure, the equipment, the certification and certificate of ship's documents, dingbian and professional ability of the boat fit the rules of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member of an the entire navigation, maritime security and the prevention of environmental pollution.
2. Vessel when operating in the port waters and the waters of Vietnam must obey the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member of maritime safety, maritime security and the prevention of environmental pollution.
3. The ship, military ship, ship the service, fishing vessel, means of inland and seaplane operations in the port waters and the waters of Vietnam must follow the instructions of the maritime signalling and executive rules prevent collision as prescribed by the Minister of transport.
Maritime signal includes the signals identified by the image, the lighting, sound and radio signals are set to manual for operation of the ship.
4. in maritime inflows, in the necessary position on the waterfront, on the Islands, in the region of the country there are obstacles and other works on the sea and the waters of the port where the ship is allowed to operate, must set the maritime signalling as specified by the Minister of transport.
The stream is limited to marine waters that are determined by the maritime signalling systems and other ancillary works to ensure the safety of operation of ships and other marine facilities. Marine flow includes the maritime port and the flow stream.
5. the vessel used to transport oil from petroleum products or other dangerous goods are required to have insurance of civil liability of owners of ships about environmental pollution when operating in the waters of the port and the waters of Vietnam.
6. foreign vessels with engines powered by nuclear energy, transports of radioactive material is only in operation in the port waters, internal waters and Vietnam after his prime.
Article 29. Inspection, testing of maritime safety, maritime security and the prevention of pollution of the environment 1. Vessel when operating in the port waters, internal waters and Vietnam suffered the Inspector, the Inspector's examination of maritime and maritime Port maritime safety, maritime security and the prevention of pollution of the environment in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
2. The inspection test prescribed in paragraph 1 of this article shall be conducted in accordance with the law and do not affect the ability of maritime safety, maritime security and the prevention of pollution of the marine environment.

3. Ship owners and captains are responsible for creating conditions to the competent State agencies specified in paragraph 1 of this article to conduct inspections, ship inspection.
4. Ship owners and captains are responsible to repair, remedy the defect of the vessel in maritime safety, maritime security and the prevention of pollution of the environment as required by the maritime inspection, Maritime Ports.
Article 30. Search and rescue 1. The ship, military ship, ship the service, fishing vessel, means of inland and seaplane when danger needs help pay emergency signaling as specified.
2. The ship, military ship, ship the service, fishing vessel, means of inland and seaplane when it detects or receives the distress signal of people or other ship distress over the sea, the waters of the port, if the actual conditions allows and does not cause serious danger to the ship and the people who are on his ships all the way to conduct research to help the distressed , including having to deviate from your planned itinerary and must promptly inform the individual organisations concerned know.
3. The agency coordinating search, rescue are willing to organize and co-ordinate timely rescue, searches for the distress in the search area, rescue due to his charge and was right to mobilize people, means joined the search, rescue.
4. Minister of transport specific regulations on the Organization and operation of the agency coordinating search, rescue.
Article 31. The maritime accident investigation 1. Maritime accidents are accidents caused by collisions or incidents related to ship deadly consequences, missing, injuries, damage to the baggage, goods, property on the ship, sea ports and public buildings, other equipment, makes the damaged ship, sunken, gutted, fire , beached or pollute the environment.
2. The Director of the port maritime organizations maritime accidents; in the process of investigating maritime accidents, if discovered that signs constitute crimes shall transfer the record to the competent investigation authority.
3. Minister of transportation specified the reporting and investigation of maritime accidents.
SECTION 6 TRANSFER OWNERSHIP and SHIP MORTGAGES Article 32. Transfer ownership of the ship 1. The transfer of ownership of the ship must be made in writing in accordance with the law of Vietnam or the law of the country where made to transfer the ownership of the ship.
2. The transfer of ownership of the vessel effect after Vietnam are recorded in the registry of the ship country Vietnam.
3. After completing the procedure of transfer of ownership, the entire ship and ship's property in the ownership of the recipient, unless the parties have agreed otherwise.
Ship's property is the object, the equipment on a ship that is not the constituent parts of the ship.
4. The rules on the transfer of ownership of the vessel to be applied with regard to the transfer of ownership of shares of the ship.
5. Government regulation of conditions, sequence, procedure of transfer of ownership of the ship in the form of buy, sell.
Article 33. Ship mortgage Vietnam 1. The mortgage of the ship is the ship owners using its owned ships in order to ensure the implementation of the obligation for the parties to have the right and are not transferred to that ship for the receiving party to the mortgage holder.
2. The shipowner has the right to mortgage the ship owned by Vietnam for mortgage recipients under the provisions of this law and the provisions of relevant laws.
3. The contract of ship mortgage Vietnam must be committed to writing. The Vietnam ship mortgage is done according to the law of Vietnam.
4. The regulation on the mortgage of the ship are also applicable to the mortgage of the ship are close.
Article 34. Principles of ship mortgage Vietnam 1. Ship mortgage is not transferred ownership, without the consent of the person who receives the mortgage of the ship.
2. The ship mortgage must be insured vessel owner, except in the case of mortgage contract have agreed otherwise.
3. in case of mortgage recipients have moved the whole or part of his rights with regard to debts secured by mortgage of the ship to another person, the mortgage of the ship that are shipped respectively.
4. A vessel may be used to ensure the implementation of the many obligations, if the value is greater than the total value of the secured obligation, unless agreed otherwise.
The order of priority of mortgages is determined on the basis of the order of the corresponding mortgage registered in the registry of the ship country Vietnam.
5. The mortgage of the ship owned by two or more owners then must be the consent of all the owners that, unless agreed otherwise.
6. in case the ship suffered the loss of the entire mortgage termination; mortgage recipients are entitled to a right of priority for compensation that the insured person pay the compensation the entire loss of the ship.
7. mortgage recipients just keep a copy of the certificate of registration of the ship of the ship mortgage.
Article 35. Registration of ship mortgages Vietnam 1. Registration of ship mortgages Vietnam has the following basic content: a) the name, the seat of mortgage recipients and ship owners;
b) the name and nationality of the ship are the mortgage;
c) the amount secured by the mortgage, the interest rate and the time limit for paying the debt.
2. The collateral effect after the sea t് are recorded in the registry of the ship country Vietnam.
3. Information on the registration of ship mortgages are granted to Vietnam who have asked.
4. The registration of ship mortgages and who exploit information about ship mortgage fees.
ITEM 7 Article 36 MARITIME LIENS. The maritime liens 1. The maritime liens is the right of people to have a maritime claim prescribed in article 37 of this law is the first priority of claim for ship owners, who rent vessel, the ship that mining vessel that did arise a maritime claim.
A maritime claim was the one asking the other party to perform the obligation arises relating to maritime activities.
2. maritime claims do arise in maritime liens provided for in Article 37 of this law have higher precedence order the maritime claims secured by ship mortgage and other secured transactions.
3. the maritime liens be made through the competent courts by deciding to ship arrest that ship which related to a maritime claim give rise to maritime liens.
4. People who have a maritime claim to have maritime liens for the ship to secure maritime claims prescribed in article 37 of this law, even though the ship which has been mortgaged or ship owners have made the other secured transactions to ensure the implementation of other obligations on the basis of the contract.
5. the maritime liens in respect of the ship are not affected when there is a change of ship owners, who rent vessel, the ship, although the mining ship buyers knew or didn't know about the ship was related to a maritime claim give rise to maritime liens.
Article 37. A maritime claim give rise to maritime liens 1. A maritime claim about wages, cost, costs, social security contributions and other amounts payable to the captain, officers and crew in the ship's boat.
2. A maritime claim about compensation to life, injuries and other damage on human health are directly related to the operation of the ship.

3. A maritime claim about load-charge, marine insurance, fees, charges and Harbour Bridge on the types of fees to other seaports.
4. A maritime claim on public money for rescue ships.
5. A maritime claim about casualties and property damage contracts directly related to the operation of the ship.
Article 38. The order in solving a maritime claim give rise to maritime liens 1. Maritime claims do arise in maritime liens are resolved in the order of priority of claims specified in article 37 of this law; the case of a maritime claim about the wages of ship rescue arises after the time of maritime claims give rise to other maritime liens placed higher priority on maritime claims.
2. maritime claims do maritime liens arising out of the same account specified in article 37 of this law placed abreast; the case divided the sum wasn't enough to pay the value of each maritime claims shall be resolved according to the ratio between the value of a maritime claim.
3. a maritime claim arises from the same events was considered to arise out of the same time.
4. maritime claims do arise in maritime liens for the ship related to the last trip was a priority before the resolution of a maritime claim give rise to maritime liens related to other trips.
5. a maritime claim arises from the same labor contracts related to several trips to be addressed along with a maritime claim relates to the last trip.
6. In the case of a maritime claim about the rescue money prescribed in clause 4 of this code 37, then a maritime claim arises after the resolved ahead of other maritime claims.
Article 39. Time limits of maritime liens 1. Time limits of maritime liens is one year from the time of maritime liens arise.
2. The time of maritime liens arise prescribed in paragraph 1 of this article shall be calculated as follows: a) From the end of the rescue operation, in case of public money to resolve a rescue;
b) from the date of the loss incurred, in case to solve the losses and damage caused by the operation of the ship;
c) from the date of payment, in the case to settle a maritime claim.
3. the maritime liens terminated since ship owners, ship or hire people who exploit the ship paid the debts arising from a maritime claim relates; If payment is still due to the captain or person authorized on behalf of the owner, the tenant or the ship hold the mining ship to pay the debts related to a maritime claim that maritime liens are still in force.
4. In case the Court may not make the arrest of the ship within the territorial civil, Vietnam to protect the interests of the complainant or permanent maritime headquarters in Vietnam, the time limits prescribed in clause 1 this ended after thirty days from the date of the first port to Vietnam, but not exceeding two years from the date of the maritime liens arise.
 
ITEM 8 SHIP ARREST Article 40. Ship arrest 1. Ship arrest is not to allow the ship to move or limit the movement of the ship by the decision of the Court to secure a maritime claim settlement specified in article 41 of this law, but does not include the arrest of the ship to enforce the judgment, the decision of the courts or other coercive decisions of competent State agencies.
2. Procedure of ship arrest made under the provisions of the Standing Committee of the National Assembly.
Article 41. A maritime claim give rise to a right to arrest ships a maritime claim give rise to a right to arrest ships is complaining in the following cases: 1. The cases stipulated in article 37 of this law;
2. Damage or threat of damage caused by the ship caused to the environment, coastline or related interests; the measures are applied to prevent, limit or remove this damage; indemnification for damages; costs for reasonable measures already applied or will be applied to restore the environment; the loss happened or can happen with third parties regarding damages; damages, costs or losses similarly specified in this clause;
3. Costs relating to the lifting, moving, salvaged, destroyed or made harmless sea shipwreck sink wrecked, stranded or abandoned, including any objects are either already on the ship and the costs or expenses related to the preservation of the ship has been abandoned and the cost for crews of the ship;
4. The agreement relating to the use or hire of a ship, although it is stipulated in the contract or by other forms of chartering;
5. The agreement relating to the carriage of goods or passengers on the vessel, although there are provisions in the contract or by other forms of chartering;
6. Loss or damage relates to goods, including the baggage to be transported on the ship;
7. shared losses;
8. Pimp My Hybrid vessel;
9. Use the maritime navigation;
10. The goods, materials, food, fuel, equipment (including container) are offered or services provided for the purposes of the operation, management, preservation and maintenance of the ship;
11. Close the new, conversion, restoration, repair or equipping of the ship;
12. Payments made on behalf of the shipowner;
13. Insurance premiums due to the shipowner, or who the shipowner or ship ceiling hire charged;
14. the Commission, brokerage fees or costs related to the agent of the ship to which the ship owners, who rent vessel for ceiling or authorized person is charged;
15. Disputes about the ownership of the ship;
16. Disputes between co-owners of a ship using ship or earnings are from the ship;
17. The mortgage of the ship;
18. Disputes arising from the contract of purchase and sale of the ship.
Article 42. Make the right ship arrest 1. After receiving the required ship arrest of people who have a maritime claim prescribed in article 41 of this law, the courts have jurisdiction to review the decision to arrest the ship in the following cases: a) the shipowner is responsible for a maritime claim at the time of arising of a maritime claim and is still the shipowner at the time of arrest of ships;
b) chartering Person was responsible for a maritime claim at the time of arising of a maritime claim and is still the bare boat rental or boat owners at the time of arrest of ships;
c) this maritime claims on the basis of the mortgage of the ship;
d) this maritime claims relating to ownership or possession of the ship;
DD) this maritime claims secured by a maritime liens in relation to that ship.
2. The arrest of the ship also conducted for one or more of the other ship in the ownership of the people who are responsible for a maritime claim and at the time a maritime claim arose for which the person is: a) the owner of a ship involved in a maritime claim arose;
b) The chartering person fixed limit boat rental, ceiling or chartering of vessels trips related to the arising of a maritime claim.
3. The provisions in paragraph 2 of this Article do not apply in respect of a maritime claim relating to the ownership of the ship.
43 things. Financial assurance requirements for ship arrest

1. to make the arrest of the ship, who asked for arrest warrants in the form of financial and value because the Court rules equivalent to the damage that may arise due to the required capture ships.
2. The requirements of ship arrest must be liable for loss or damage occurring as a result of the false arrest request.
Article 44. Release the ship after being arrested 1. After the ship owners, ship or hire people who exploit the Board made these measures ensure replacement or paid enough debt then the ship under arrest must be released immediately.
2. In case there is no agreement between the parties on the level and the forms of warrants, the Court will decide on the level and form of guarantee replacement but does not exceed the value of the ship arrested. The required ship arrest does not have the right to perform any activity that would violate the property or other interests of the shipowner, who hired the ship or who exploit.
3. A ship may be released at the request of the person who requested the arrest itself; in this case, all related expenses due to the requirements of ship arrest payment.
CHAPTER III The 45 BOATS. The boat the Boat sets are the crews in dingbian of ships, including the ship's captain, the officers and the other titles are arranged to work on ships.
Article 46. Crews working on the ship 1. Crews who are eligible, standard held on Vietnam ship.
2. Crews work on the Vietnam ship must have the following conditions: a) Is Vietnam's citizens or foreign nationals are permitted to work on the Vietnam ship;
b) eligible working age, health, professional ability and professional certificates as prescribed;
c) assume the position on the ship;
d) Have shared the boat;
DD) passport crews to exit or entry, if deployed crews working on ships operating international routes.
3. The population of Vietnam is eligible can be employed on foreign ships.
4. Minister of transportation specified titles and duties according to the titles of the boat; certain minimum safety margins; professional standards and professional certification of crews; boat registration, passport and Windows on the boat; conditions for crews is Vietnam's citizens are allowed to work on foreign ships and crews to foreign citizens working on Vietnam ship.
5. The Secretary of the Ministry of health in collaboration with the Minister of transport of specific provisions on health standards of crews working on ships Vietnam.
Article 47. Obligations of crews 1. Crews working on ships Vietnam has the following obligations: a) accepted Vietnam law, international treaties to which the Socialist Republic of Vietnam is a member, and the law of the country where Vietnam ship operations;
b) perform introspection, rolling his mission according to titles and responsible to the captain about the mission;
c) timely implementation, strictly exact, the orders of the captain;
d) the prevention of accidents, the problem for the ship, goods, people and luggage on the ship. When detect dangerous situations, must notify the captain or officer of the watch to know, at the same time implement the necessary measures to prevent accidents, incidents arising from dangerous situations;
DD) management, use of certificates, documents, equipment, instruments and other properties of the ship was put in charge;
e) performing other duties prescribed by law.
2. Vietnam crews working on foreign ships are obliged to implement the labor contract signed with the shipowner or the use of foreign workers.
Article 48. The regime of labour and the rights of crews 1. The regime of labour and the rights of crews working on the Vietnam ship is made in accordance with the law of Vietnam.
2. in case the captain or ship owners require crews to leave the ship, the shipowner is responsible for providing all travel and living expenses necessary to crews about the right place stipulated in the lease the boat or go to the port took crews to work, if not boat rental contract have agreed otherwise; in the case of Captain required crews to leave the ship, the captain must report the ship owners.
3. where the private property of crews suffered losses due to the accident, the ship owner must compensate the property according to the market price at the time and place of the accident settlement. Crews have direct error caused the accident made the loss of their property does not have the right to claim the property.
4. mode of labor and benefits of Vietnam crews working on ships abroad and of foreign crews working on ships made Vietnam under labor contracts.
Article 49. The legal status of the captain of 1. The captain is the highest in command on the ship, Commander of the ship under the heads mode. Everyone on the ship must obey the orders of the captain.
2. captain is subject to the direction of the ship owner or the person chartering, the extraction vessel.
Article 50. The captain's obligations 1. The organisation managing the exploitation of the ship in accordance with the law.
2. Care for the ship had enough of the maritime safety conditions required, in accordance with professional standards, the rules on equipment, hull, the boat quality, reserves and other matters related to maritime safety for the ship and the people on the ship before and during the cruise ship.
3. Care for the goods was picking up ships, sorted and preserved on the ship, unloading from the ship in a reasonable manner, although this work was handed to those responsible for implementation.
4. an attentive care to the goods on the ship not to damage or loss; apply measures necessary to protect the rights of people who have interests related to the goods; to take advantage of every possibility to notify people who have interests related to know about these special events related to the goods.
5. Apply all necessary measures to protect the ship, and the other properties on the ship.
6. Put the ship into the nearest safe harbour and make all necessary measures to protect the ship, people, property on the ship and the ship's documents in the case of return or port the port blockade was paid, threatening war or other emergency situation.
7. Take advantage of every possibility for permission to first organize the rescue of passengers and then rescue crews in case the ship was sunken or were destroyed.
The captain is the last person to leave the ship after it has found every way save the map, logbook and other important documents of the ship.
8. do not leave the ship when the ship is in danger, except in the case of the departure is urgently needed.
9. direct control of ship, port, Canal, sea and flow when the vessel operates in waters at the port or in the event of particularly difficult circumstances, dangerous.
10. Use the maritime navigation, ship in the cases prescribed by law or to ensure the safety of the ship.
The use of maritime navigation does not eliminate the obligation of Captain prescribed in clause 9.
11. Perform introspection, rolling the Mission in its responsibilities in accordance with the professional conscience.

12. search and rescue organizations who are in peril at sea, if the implementation of this obligation does not cause serious danger to the ship and the people who are on his ship. The shipowner is not liable for the breach of the obligation to captain the provisions in this paragraph.
13. Perform other obligations prescribed by law.
Article 51. The captain's rights 1. Representing ship owners and those who have interests related to the goods when settling the job in ship management, and control of the goods to be transported on the ship.
2. Name of ship owners and people who have interests related to the goods perform legal acts in the scope of work specified in paragraph 1 of this article, may be initiated or participated in the proceedings before the Court or arbitration when the vessel is outside the port of registration, except where the ship or who have interests related to the goods claimed to limit part or all the right to represent it.
3. Refuse to cruise ships, if found not qualified in maritime safety, maritime security and the prevention of environmental pollution.
4. Apply the form of reward or punishment for crews in the right; have the right to refuse to accept or forced to leave the ship crews are not sufficient qualification under title or violation of the law.
5. On behalf of the shipowner or credit cash loans in case necessary but only in limited enough to repair the ship, additional crews, supply ship or because of other needs to be able to continue the trip.
6. Selling part of the property or portion of the excess reserves of the ship within the scope specified in paragraph 5 of this article, if the waiting to receive money or directions of the owner not beneficial or not.
7. During the trip, if there's no other way to have enough of the necessary conditions for the end of the trip, then have the right to pledge or sell part of the goods after finding every way please your shipping and ship owners to hire people that are not. In this case, the captain must decrease to low levels for the damage of the ship owners, tenants and those who have interests related to the goods.
8. During the journey on the ship no longer food, food reserves the right to use a portion of the goods as food, food transport on board; If really necessary, then have the right to use the food, the food of the people who are on the train. This use must be made in the minutes. Ship owners have to pay of food, food was used.
9. in case of the ship are in danger at sea shall have the right to request rescue and after agreement with the ship to rescue, have the right to designate Board perform the rescue.
Article 52. The responsibility of the captain of a ship on the Registrar 1. Logbook records and set the minutes with the participation of the medical staff of the ship, two witness about the circumstances of birth, death occurred on the ship and the related events; preserved corpse, mapping and preserving the property of the dead left on the ship.
2. reporting on the case of b., suicide occurring on ships at sea and transfer the Testament, a listed property of the dead for the competent Registrar Agency in Vietnam, the first port where the ship visit or for diplomatic representations or consular agency of Vietnam where the closest If the ship to foreign seaports.
3. After you have tried to find ways to please the owner and the ask the opinions of relatives who die the name captains, ship owners and organizational procedures. All expenses related to the funeral is paid according to the provisions of the law.
Article 53. The responsibility of the captain when the offence on board the Sea 1. When detecting the offence on the ship, the captain has the following responsibilities: a) to apply the preventive measures required, set the record in accordance with the law;
b) safeguard evidence and depending on the specific conditions, the transfer of criminal behavior and the profile for the competent State organs in the first Vietnam cruise port visit, or for public service vessels in the Vietnam people's armed forces met at sea or inform the diplomatic representative or consular organ of Vietnam where the closest and follow the instructions of the Agency, if the ship to the port of a foreign country.
2. where necessary to ensure safety, the order for the ship, and the goods transported on the ship, the captain has the right to detain the person who is on the Board that has the offence in a private room.
Article 54. The captain's responsibility in informing the diplomatic missions or consular agency of Vietnam 1. When the ship to the port of a foreign country, in case of need the captain must inform the diplomatic representative or consular organ of Vietnam where.
2. captain has the responsibility to present the certificate, the documentation of the ship, if the diplomatic representation or consular agency of Vietnam in the water it requires.
Article 55. The captain's report liability in the event of maritime accidents in the event of maritime accidents to ships or the detection of maritime accidents or other incidents related to marine safety in the area of ship operations, ship's captain has the responsibility to notify State authorities have jurisdiction where the closest known and reported by maritime accidents given.
Article 56. The maritime appeal 1. Maritime protests is written by Captain, announced the plight of the ship encountered and measures the captain applied to remedy that situation, limits the losses occur, protect the legitimate rights and interests for the shipowner and the person concerned.
2. When the ship, the person or the goods transported on the ship loss or suspected damage due to accident, incident, the captain must set up protest maritime and the competent State agencies specified in paragraph 3 of this article to confirm the protest slow shipping for twenty-four hours after the accident occurred or since the ship visit the first port after the accident occurred.
3. State bodies have the authority to confirm the process of protest in Vietnam's maritime port authority, the State or the nearest place people's Committee.
The order confirmation procedure, the protest at the Vietnam maritime by the Minister of transport regulations.
The State Agency has the authority to confirm the process of protest overseas maritime is the diplomatic representations, consular agency of Vietnam where the nearest or the competent authority of the country where the ship operates.
Article 57. Boat hire contract staff 1. Boat hire contract staff is assigned the employment contract in writing between the ship owners or people using boats with crews to work on the ship.
2. boat hire contract staff have the following major contents: a) the name and address of the person who hired the boat;
b) name or boat hire list;
c) working conditions on ships at sea;
d boat rental period);
DD) salary, bonus, food and other expenses;
e insurance mode);
g) other modes of crews;
h) liability of the boat rental and boat park.
Article 58. The responsibility of the ship for the boat 1. Staffed by crews of ship's border and ensure the crews must be qualified to work on the vessel as specified in paragraph 2 of this law 46.
2. Regulation titles, responsibilities under the title of crews, except the titles by the Minister of transport regulations.

3. Secure the conditions of living, work crews on the ship in accordance with the law.
4. accident insurance and compulsory insurance for crews working on ships in accordance with the law.
CHAPTER IV the PORT Article 59. Ports 1. The port is the area comprising the port and the port waters, are infrastructure construction and installation of the equipment for the ship out, into operation for unloading goods, picking up passengers and pay other services done.
Port land is land which is limited to build the jetty, warehouse, factory, Office, parking, facilities services, transportation, communications, electricity, water and other ancillary works and installation of the equipment.
The waters of the port's waters is limited to setting the waters before the ship returned to port, bridge, anchoring zone, zone transfer, to avoid the storm, the region welcomes charged, the quarantine; the region to build the flow ports and other ancillary works.
The port has one or more ports. The harbor has one or more of the Harbour Bridge. The harbor includes piers, storehouses, yards, factories, Head Office, facility services, transportation, communications, electricity, water, flow into the harbor and other ancillary works. The Harbour Bridge is a fixed structure in the Harbour, are used for mooring ships, unloaded the cargo, the catch, charged passengers and perform other services.
2. Infrastructures ports including the port infrastructure and public infrastructure of sea ports.
Infrastructures ports include the Harbour Bridge, the previous water wharf, warehouse, factory, Office, parking, facilities services, transportation, communications, water, power, port and branch flow works other backend built, permanent installation at the land ports and the waters before the Harbour Bridge.
Public infrastructure including ports port flow, the maritime signalling systems and other ancillary works.
3. The flow of sea port is limited to the water from the sea into the port is determined by the maritime signalling systems and ancillary works to secure the ship and other aquatic facilities, into a safe port.
The seaport branch flow is restricted the flow of water from the sea into the port, to be determined by the maritime signalling systems and ancillary works, to secure the ship and other aquatic facilities, on the safe harbor.
4. military Harbour, fishing port and the port, the wharf in inland ports subject to the governance of maritime safety, maritime security and the prevention of environmental pollution, according to the provisions of this law.
Article 60. Classification of ports ports are classified into the following types: 1. Type I sea port is the port is particularly important, large-scale catering to the social-economic development of the country or region;
2. Sea-port type II is an important seaport, sized to serve for the social-economic development of the region, local;
3. The port type III is small scale seaport serving for operation of the business.
Article 61. Functions of ports 1. Ensure the safety of the ship, into action.
2. To provide facilities and equipment necessary for anchoring ships, unloaded the goods and pay the passengers.
3. Provide service transportation, unloading, storing and preserving the goods in the port.
4. To ships and other marine means of shelter, repair, maintenance or performing the services required in the event of an emergency.
5. other services provided for people and goods.
Article 62. The closed sea port, open disclosure and the port waters 1. The Government regulates the conditions and procedure of closing open ports, announced, the port waters, managing the flow of maritime and port activities in the sea.
2. The Minister of transport announced the closing, open ports, sea ports and waters of the region's Maritime Ports management after consultation of provincial people's committees, the central city where a seaport.
3. Maritime Ports Director decided to temporarily ship not out, into the port.
Article 63. Port development plan 1. Port development plan are based on the strategy for socio-economic development; the task of Defense and security; development planning of transportation, other industries, local and maritime development trend in the world.
Local when planning construction related to the port must take the written opinions of the Ministry of transportation.
2. The Prime Minister approved the master plan for the development of the port.
3. Minister of transport approves the detailed planning of system development of sea ports.
Article 64. Construction, mining, port management, port flow 1. Construction of sea ports, port flow must match the development planning system ports, port flow, the provisions of the law on investment, building legislation and the provisions of relevant laws.
2. organizations, individuals, organizations, foreign individuals are investing in the construction of sea ports, port flow according to the provisions of the law.
The Organization, individuals investing in the construction of sea ports, the flow of the port decided to form the management and exploitation of the port, port flow.
3. specific government regulations on investment in construction, mining, port management, port flow.
Article 65. Maritime safety, maritime security and the prevention of environmental pollution at sea port organization, the individual activities at ports must obey the rules of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member of maritime safety, maritime security and the prevention of environmental pollution.
Article 66. Maritime port 1. Maritime port is the implementation of State management functionality of the sea port and the port waters.
2. Port Director of Maritime Affairs is the highest Commander of the Maritime Ports.
3. Ministry of transport rules on organization and operation of Maritime Ports.
Article 67. The duties and powers of the Director of maritime Port 1. Join the planned construction, port development plans in the area of management and monitoring organization made after the competent State agencies for approval.
2. Implementation Regulations on management of port operations and marine management areas; check, monitoring the flow of sea ports, the maritime signalling systems; check the maritime activities of the Organization, the individual at the port and the area management.
3. Licensing, vessel monitoring, and activity at the port; do not allow the ship into the port when there are not enough necessary conditions of maritime safety, maritime security and the prevention of environmental pollution.
4. Make decision on ship arrest by competent State bodies.
5. Detention of the ship under the provisions of article 68 of this law.
6. Organize search, rescue people threatened in the port waters; mobilizing people and the means necessary to perform the search, rescue or troubleshooting environmental pollution.
7. Implementation of ship registration, register the boat; collect, manage, use the port fees in accordance with the law.
8. The Organization made the marine inspectors, surveyors, processed under the authority of the maritime accidents in ports and management areas.
9. the Chairman, Executive Coordination of activities between the State administration at the port.
10. Sanctioning administrative violations in the field of maritime jurisdiction.
11. Perform other duties and powers prescribed by the law.
Article 68. Detention of the ship 1. The detention of the ship was made in the following cases:

a) do not have sufficient conditions of maritime safety, maritime security and the prevention of environmental pollution;
b) Are in the process of investigating maritime accidents;
c) finished the unpaid fees, sea;
d) unpaid fine enough administrative violations in accordance with the law;
DD) other circumstances as stipulated by law.
2. The custody of the ship ended when the reason for detention stipulated in paragraph 1 of this article no longer.
Article 69. Coordination of activities of State management in the port 1. The State administration of marine navigation, security, quarantine, customs, taxation, culture and information, prevention of fire, explosion, environment protection and other State administration duties, the powers at the port in accordance with the law. Within the scope of its powers, duties, the agency responsible for coordinating activities and operating under the coordination of the activities of the port Director of Maritime Affairs.
2. The management authority of the State of normal operations at the port were based work in the port. Port business is responsible for creating favorable conditions for these agencies perform tasks, their powers.
Chapter V CONTRACT of CARRIAGE OF GOODS by SEA section 1 GENERAL PROVISIONS Article 70. Contract of carriage of goods by sea 1. Contract of carriage of goods by sea is the contract is between the carrier and the transport rental, according to which the shipping currency charge by people hired to transport and ship used to transport goods from the port to the port of return shipment.
2. The goods are machinery, equipment, raw materials, fuel, consumer goods and other property, including live animals, the container or a similar tool provided by the shipper to be shipped in packing according to the contract of carriage of goods by sea.
3. Cost of shipping is the wages paid to the carrier under the contract of carriage of goods by sea.
Article 71. The type of contract of carriage of goods by sea contract of carriage of goods by sea, including: 1. The contract of carriage according to shipping documents is a contract of carriage of goods by sea is the condition that the carrier is not for people who rent vessel transportation of raw or a specific ship parts that are only based on the category of the number, size or weight of the goods for carriage.
Contract of carriage according to the shipping documentation is in the form agreed by the parties;
2. Contract of carriage by charter flight is a contract of carriage of goods by sea was delivered with the conditions of carriage for the carriage rental resources Board or part specific ships to transport the goods.
Contract of carriage by charter flight must be committed to writing.
Article 72. The parties to the contract of carriage of goods by sea 1. People who transport hire themselves or authorize others to contracts of carriage of goods by sea with the carrier. In the case of a contract of carriage according to shipping documents, transportation rental people known as the sender.
2. The carrier is the person themselves or authorize others to contracts of carriage of goods by sea with the carriage rental.
3. The fact that the person is transporting people transport the entire implementation mandate or part of the carriage of goods by sea.
4. The delivery is the person himself or another person entrusted to the carrier under the contract of carriage of goods by sea.
5. The consignee is the person who has the right to receive goods under the provisions of article 89 and 110 of this law Thing.
Article 73. Shipping documents 1. Transportation vouchers include invoices, invoices throughout the sea waybill, shipping and other transport documents.
2. Invoices are shipping documents as evidence about the transportation of the goods received with the number, category, status as noted in the consignment note for carriage to the place of return; proof of ownership to goods, goods receipt and evidence of contract of carriage of goods by sea.
3. Invoices throughout the sea is lading specify the transport of goods by at least two people were transported by sea implementation.
4. sea waybill as proof that the goods are received as recorded in sea waybill; evidence of contract of carriage of goods by sea. Sea waybill is non-transferable.
5. other transportation vouchers are vouchers by the carrier and the transport rental agreement on the content, value.
Section 2 CONTRACT of CARRIAGE OF GOODS ACCORDING to article 74 TRANSPORT VOUCHERS. The time of arising and cessation of responsibility of the carrier 1. The liability of the carrier incurred from when the carrier get the goods at the port of shipment, to be maintained during carriage and terminate at the end of the return in the return port.
2. The goods receipt is calculated from the time the carrier has received the goods from the delivery, the competent State authorities or third parties pursuant to law or as specified in the port of shipment.
3. The pay row ends in the following cases: a) the carrier completed the return to the consignee; in case the receiver does not directly receive the goods from the carrier, the goods by paying at the request of the recipient of the goods consistent with the contract, the law or commercial customs applicable in the port of return;
b) Who completed the return shipping for the competent State agencies or to third parties under the provisions of law or regulations at the port of return.
4. The parties to the contract of carriage with a deal on reducing the liability of the carrier in the following cases: a) the period of time from when the order arrives before loading onto the ship and the period of time from the end of the unloading until paid;
b) carriage of live animals;
c) transported goods on the deck.
Article 75. Obligations of the carrier 1. The carrier is rolling to introspection before and after the start of the trip, the ship has enough ability to go to the sea, the boats are appropriate, are offered in full equipment and reserves items; the cargo tunnel, cold cellar, and other areas used to transport goods has sufficient conditions to receive, transport and storage of goods consistent with the nature of the goods.
2. The carrier is responsible for the loading, unloading and careful, attentive care of goods in transit.
3. The carrier must be notified in a reasonable period of time for the delivery person know in advance about where loading onto ships, the time that the train is ready to receive the goods and the time limit for the goods. This notice does not apply to boat vessel, unless there is a change.
Article 76. The goods transported on the deck of the cargo carried on deck only if there is agreement between the transport with the delivery or according to commercial practices and must be specified in the transport document.
Article 77. The liability of the carrier, the actual carrier and labourers, dealers

1. The carrier is liable for the entire carriage according to the provisions of this Section even though the whole or part of the carriage is entrusted to the carrier actually performing. For the carriage by the carrier actually performs the carriage, the person must take responsibility for the behavior of the actual carrier and of the labourers, the agents of the actual carrier in the scope of work.
2. The actual transportation, workers or agents of the actual carrier has the right to the enjoyment of the rights related to the liability of the carrier prescribed in this chapter during the goods in their control and in time these people participated in any activity that would be regulated in a contract of carriage of goods.
3. The special agreement under which the carrier undertakes the obligation not being prescribed in this chapter or waive the rights enjoyed by this regulatory law is valid only for the transportation of the fact if the carrier actually agree in writing. Although the actual shipping to agree or not agree, then the carrier is still bound by the obligations arising from the agreement in particular.
4. In the case of both the carrier and the actual carrier together jointly liable shall be determined according to the degree of responsibility of each party.
5. The total amount of compensation of the carrier, the actual carrier and labourers, their agents are charged do not exceed the whole of limitation of liability provisions in this Section.
Article 78. Exemption from liability of the carrier 1. The carrier is not liable for the compensation of loss, damage of the goods due to the inadequate ability of ship to go to sea, if made fully the obligations specified in paragraph 1 to article 75 of this code. In this case, the carrier has the burden of proof has made the task a rolling introspection.
2. The carrier is exempt from responsibility, if the loss of the goods occurs in the following cases: a) the fault of the captain, crew, maritime navigation or employment of persons transported in the management or control;
b) fires are not caused by transport;
c) maritime accidents or disasters on the sea, the waters of the port in which the ship is allowed to operate;
d) natural disasters;
DD) war;
e) violation of order and public safety that the carrier does not itself cause;
g) action arrest of people or coercive of the courts or the competent State agencies;
h) restriction on the room;
I) Act or negligence of the delivery, the owner of the goods, their representatives or agents;
k) or other similar actions of workers due to any cause would do the complete or partial appropriation of the work;
l) violent or disruptive;
m) the action rescuing people or property at sea;
n) shrinkage in volume, or weight loss, damage of the goods occurring because of quality, hidden defects or other defects of the Bhikkhu goods;
o) the goods are not packed properly;
p) goods not marked up, the code properly or doesn't fit;
q) hidden disabilities Bhikkhu of the ship that the people responsible are not detected, though has made the task a rolling introspection;
r) any other cause happening that the carrier has no errors or not deliberately caused loss or not by the labourers, the agents of the carrier has caused the error.
In the case of people who enjoy the right to free completely the responsibility of the carrier under the provisions of the law or according to the agreement stated in the contract, that person must prove that the carrier has no errors, not deliberate or those who do, the agents of the carrier nor the fault or not intentionally caused the loss , damage of the goods.
3. Slowly return the goods are not paid within the period of time agreed by contract or within a reasonable period of time necessary that the carrier can return rolling introspection for the case of no agreement. The carrier is not responsible for the slow return in the following cases: a) deviate routes when there was the approval of the sender;
b) unforeseen causes;
c) Must rescue people or help other vessels are in danger when human life on Board could be threatened;
d) need time to tell emergency crews or the people on board.
Article 79. Limitation of liability of the carrier 1. In the case of types, the value of the goods, not the delivery declarations before loading or not clearly in lading, sea waybill or other shipping documents, then the carrier is only obliged to compensate the loss, damaged goods or other losses relating to the goods in the maximum limit equivalent to 666.67 units of computer payment per event or per unit of goods or 2 units of calculation for each kilogram of weight both packages of goods loss, damage depending on the value of the goods.
Units of calculation specified in this code is the currency because International Monetary Fund identified and Convention is the special drawing rights.
The compensation money is converted into money Vietnam according to the exchange rate at the time of the payment of compensation.
2. When the container or similar tool is used to close the goods each condition or commodity units were recorded in the transport document, have played into the tool is considered a event or a unit of goods specified in paragraph 1 of this article. The case of the shipping documents did not specify the number of units of the goods, then condition or the container or tools which are only viewed as a condition or a unit of goods.
3. In the case of types and value of goods is the delivery declarations before loading and is the acceptance of shipping, the shipping documents, the record in the carrier liable for compensation of loss, damage of the goods on the basis of that value according to the following rules: a) for loss of goods, the compensation by value has been declared;
b) damaged goods then the compensation by the level difference between the declared value and the remaining value of the goods.
The remaining value of the goods is determined on the basis of the market price at the time and place of unloading should be or unloading; If not specified, based on the market price at the time and place of loading plus the cost of shipping to the port of return.
4. The liability of the carrier with regard to the slow return is limited to the amount equal to 2.5 times the rates of deferred items, but not to exceed the total charges payable under a contract of carriage of goods by sea.
Article 80. Loss of right to limit liability of the carrier 1. The carrier lost the right to limit the liability of the carrier prescribed in article 79 of this law if the complainant proves to be loss, damage of the goods is due the carrier was behaving intentionally caused the loss, damage, delay return or negligent and know that the loss , damaged or slow pay can occur.
2. Employees, agents of the carrier done with intent to cause loss or damage to the goods, slow pay or negligent and know that the loss, damage or delay that return can occur without limitation of liability provisions in this Section.

Article 81. Obligations of the shipper and delivery 1. Shipper must ensure goods are packaged and marked up, the code according to the regulations. The carrier has the right to refuse to ship the goods rises does not guarantee the necessary packaging standards.
2. The sender must provide a time suitable for the transportation of the materials and instructions required for explosive goods, flammable and other dangerous goods or types of goods requires special measures when loading, carriage, storage and unloading.
Shipper must indemnify the losses incurred by the delivery delay, missing or invalid documents and instructions necessary.
3. The shipping or delivery person whether intentionally or unintentionally must be responsible for the transport, passengers, crews and other shippers about the losses incurred by the goods declaration is incorrect or not true, if the carrier proves to be the shipping or delivery person at fault causing damage.
Article 82. Transport of dangerous goods 1. The carrier has the right to unload goods from ships, abandoned or lost the ability to cause harm of explosive goods, flammable or other dangerous goods that are not compensated and still be enough, if the number of goods that have been declared false or by the carrier not be announced in advance and was not able to get to know about the dangerous properties of the goods when loading under normal professional understanding.
The sender must take responsibility for the losses incurred.
2. where the carrier has gotten caught up in dangerous goods the ship, although it was announced before or got to know the nature of the dangerous goods under normal professional understanding and have made conservation measures as prescribed, but when goods that threaten the safety of ships , people and goods on board, the carrier has the right to treat as prescribed in paragraph 1 of this article. In this case, the carrier is responsible for losses arising under the principle of shared loss and just be collecting brushes located.
Brushes located freightage is calculated on the basis of the ratio between the distance to which the goods are transported in fact than the entire distance of carriage agreed in the contract, as well as on the basis of the ratio between the cost of investment, the time, the normal difficulty or risks related to the transport distance has made transport distance compared to the longer back.
Article 83. Exemption of liability of the shipper shipper are exempt of liability for compensation of the loss, damage occurs to the carrier or the ship, if proven that he or his agent, make no mistake that caused the loss.
Article 84. Transport charges payment 1. When the goods receipt, the recipient must pay for the shipping charge and other costs are recorded in the transport document, if the funds have not been paid in advance.
2. The carrier has the right to refuse to pay and have the right to retain the goods, if the shipper and the consignee has not paid the debt or has not received adequate guarantees.
The debts include shipping charges, other expenses as defined in paragraph 1 of this article and the costs that contribute to the overall loss, the money allocated to rescue the goods.
The delinquent debt is calculated according to the interest rate the interest rate applied in banking related transactions.
Article 85. Shipping charges in case of damaged goods 1. In the case of goods damaged due to an accident while the cruise ship though with any cause would also be free of charge; If collected shall be refunded. In the case of goods to be saved or to be refunded the shipping cost is only situated, if people have the rights relating to the goods which do not benefit from the way in which goods that have been shipping vessels.
2. where goods are damaged or dents due to private property or the goods are live animals that died during transport, the carrier still has the right to collect enough charge.
Article 86. Sign the tracking generator 1. At the request of the delivery, the carrier is obliged to sign for the delivery of a consignment.
2. Invoices can be developed under the sign of the following form: a) stating the name of the consignee, a single transport called restrictive;
b) stating the name of the person or name of the person indicated by the person who delivered the order transmitter, called invoices by the order;
c) does not specify the recipient's name or the return command, call tracking is anonymous.
3. in the case of invoices by the order does not specify the name of the command to return the delivery is considered to have the right.
Article 87. The content of invoices 1. Invoices include the following content: a) the name and Head Office of the carrier;
b) sender;
c) recipient name order or stating the lading is signed release form of invoices or orders anonymously;
d) vessel Name;
DD) a description of the type, the size, volume, unit number, the weight or value of goods, if it deems necessary;
e) describes the external condition or packaging goods;
g) sign, the code and get to know the characteristics of the goods for which the delivery took notice in writing before loading onto the ship and is marked on each unit of the goods or the packaging;
h) freightage and other revenues of the carrier; the method of payment;
I) Where loading and the port of shipment;
k) return Port or instruction time, the venue will specify the return port;
l) Of a single shipping origin has signed for the delivery;
m) the time and place of signing the tracking generator;
n) signature of the carrier or the ship's captain or another representative of the carrier.
Of lading, if lacking one or more of the content specified in this clause but in accordance with the provisions of article 73 of this law shall not affect the legal value of the invoices.
2. where the name of the carrier was not defined specifically in the consignment note, the shipowner was regarded as the carrier. Tracking case was established according to the provisions in clause 1 of this record is incorrect or not true about the carrier, the ship owner liable for compensation of losses incurred and then get the right to ask the carrier reimbursed.
Article 88. Notes of lading 1. The carrier has the right notes in his review of the invoices if there are doubts about the external condition or packaging for the goods.
2. The carrier has the right to refuse to record the tracking in the description of the goods, if there is enough grounded doubts the accuracy of the testimony of the newspaper delivery person, at the time of loading or when no conditions are verified.
3. The carrier has the right to refuse in registration, consignment of the goods, if they have not been clearly marked on each package or packaging, ensuring easy to notice when the trip ended.
4. where the goods are packed before delivery to the carrier, the carrier has the right to write to the lading is not known the contents inside.
5. The carrier is not liable for compensation of loss, damage to or loss of goods related to goods in all cases, if the shipper, delivery people have intentionally declare types, the value of the goods when loading and declarations that have been recorded on invoices.
Article 89. Transfer of invoices

1. Invoices by order assign by b/l. The endorsement finally has the right to play the return orders in invoices by the order recipient is legitimate.
2. anonymous tracking are transferable by the person awarded the shipping invoices that anonymous people are transferable. The present consignment the consignee is anonymous.
3. Invoices list the destination is non-transferable. The person named in the invoices list the destination recipient is legitimate.
Article 90. Tracking changes in evidence from others Who can delivery agreement with the transportation of the consignment by the sea waybill or other shipping document and agreement on the content, the value of these documents according to international maritime Customs.
Article 91. Apply to invoices throughout the sea the provisions of this law on invoices are applied to invoices throughout the sea due to the carrier, unless the law otherwise.
Article 92. Authority's goods 1. The sender has the right to dispose of the goods until the goods are charged to the consignee, if not yet delivered this right to others; have the right to request to unload before the ship began to move, change the recipient or return to port after the trip began with the condition must compensate all losses and costs involved. The carrier is only obliged to implement the requirements of the shipper after you have recovered the entire root number signed.
2. The powers specified in paragraph 1 of this article does not apply, if the implementation is causing significant delays to the start of the trip, unless the carrier agree. Article 93. The obligation to pay the goods when the ships return to port, the carrier is obliged to pay to the recipient the legal row if the original invoices, sea waybill or other shipping documents worth to get the goods specified in article 89 of this law. After the goods have been paid, the remaining transportation vouchers are no longer of value to get the goods.
Article 94. Processing of the goods being stored 1. Recipients to receive aviation, refused to accept or defer the receipt of the goods, the carrier has the right and sent in a safe, appropriate and inform the shipper said. All expenses and losses incurred by the recipient is responsible for paying.
2. The carrier has the right to perform as specified in paragraph 1 of this article, if more people together to produce invoices, invoices throughout the sea, sea waybill or other shipping documents worth to get the goods.
3. The compensation of losses due to save the ships to unload and shipment specified in clause 1 of this article is to resolve similar cases save the ship to lift.
4. Within a period of sixty days from the date of the ship to the port of return, without the recipient of your shipment or the consignee do not pay off the debt or does not give the necessary assurance, the carrier has the right to sell the goods to auction except debt; If the goods are perishable or the delivery is too expensive compared to the actual value of the goods, the carrier has the right to sell the auction ahead of time.
The carrier is obliged to notify the shipper to know about the cases specified in paragraphs 1, 2 and 4 of this Article and plan sales to debit in accordance with this paragraph.
5. The processing of the goods by the carrier kept at Vietnam ports defined in this implementation as stipulated by the Government.
Article 95. Money auctioning goods 1. After deducting the debts of the recipient, the expenses related to sending and auctioning the goods specified in article 94 of this law, the excess amount must be deposited in the Bank to pay back to the person who has the right to receive the money.
2. where the sales money is not enough to pay the amount stipulated in paragraph 1 of this article, the carrier has the right to continue to require the person concerned to pay enough.
3. Within a period of one hundred and eighty days from the date the auction of goods that do not have the required amount of money back then left this amount was confiscated to the State Fund.
Article 96. Examination and notice of loss, damage or delay of goods return 1. The goods receipt before goods receipt in return shipping or port before delivery at the port of return can claim examiners conducted inspections of goods. The party requesting inspection are obliged to pay the cost assessment but have demanded that costs from the party causing the damage.
2. The goods are considered to have paid enough and true as items in lading, sea waybill or other shipping documents, if the recipient is not notified in writing to the carrier about the loss, damage of the goods at the latest within three days from receipt of the goods, if the damage is undetectable from the outside; for goods inspection was prescribed in clause 1 of this article shall not require notice in writing.
Any agreement contrary to the provisions of this paragraph are without value.
3. The consignee has the right to take notice, if not get your order within sixty days from the date the goods should have been delivered as agreed in the contract.
4. The carrier is not compensation for the losses incurred due to the slow return, unless the notification about the slow return in writing sent to the carrier within sixty days from the date the goods should be delivered as agreed in the contract.
Article 97. Time of damage or loss of goods time of loss, damage of the goods transported by the transport voucher is one year from the date of return or should be charged to the consignee.
Section 3 of the CONTRACT of CARRIAGE by CHARTER FLIGHT Article 98. Use of the ship in a contract of carriage by charter flight the carrier is obliged to use the ship has been specified in the contract for carriage of the goods, unless the tenant agreed to transport the carrier replaced the ship was assigned by the other ship.
Article 99. Transfer of rights in the contract of carriage by charter flight to transport tenants may transfer the rights under the contract to a third party without the carrier agrees, but still have to take responsibility for the implementation of the contract has been delivered.
Article 100. Sign the tracking generator in the contract of carriage by charter flight tracking case is developed according to the contract of carriage by charter flight tracking and not the transport rental, the rights and obligations of the carrier and the holder of lading shall be governed by the terms of the consignment note; If the terms of the contract of carriage by charter flight were put into AWB then these terms apply.
Article 101. The port of shipment and the place of loading 1. The carrier is obliged to take the ship to the port of shipment in a State ready to receive the goods at the right time and place; Save the ship-lift in place according to the conditions agreed in the contract of carriage of goods.
2. The carrier put to sea in ships where the loading caused by renter specified shipping. Where the lift is safe, does not interfere with the ships in, out, wait along with the goods. In many cases they do not transport rental agreement was about where loading or when the person hired to transport not only specify where loading the transporter brought the ship to locations considered where loading according to local customs.

3. in case the contract has no specific agreement on the place of loading at the port of shipment, the carrier put to sea in ships are considered places where loading according to local customs.
4. The rental of shipping may require the carrier to change the place of loading, loading place though was clearly in the contract. The tenant must pay full shipping costs related to the implementation of this requirement.
Article 102. Loading duration 1. Loading time limit because the parties agreed in the contract, if there is no agreement on the application of local customs.
2. Hiatus caused by renter caused shipping, time to change the place of loading at the request of the shipping is calculated on the duration of loading.
3. time of interruption caused by a transport, due to the unforeseen weather conditions do affect the proper loading techniques or can cause hazard for loading not loading period.
4. Who can transport rental agreement with the carrier about the bonus mode for loading work done ahead of time or fines for too-lift lift time limit agreed.
Article 103. Japanese sealed period 1. The parties to the contract may agree in the contract on time extend beyond the duration of loading stipulated in article 102 of this Act (hereinafter called the excess period). In case the contract is not specified the number of days, and now the time limit excess Japanese stakeholders determined by local customs.
2. Payment period Japanese sealed by the parties agreed in the contract; the absence of the agreement shall determine according to local customs. The case of local customs does not have the funds to be determined on the basis of the actual cost to ship the boat and maintained within an eye.
3. ship time to save the port received after the time limit for loading and sealed by the Japanese term rent of transport cause called time to save the ship. The carrier has the right to compensation for the damage incurred due to save the ship.
Article 104. Ready message 1. The carrier is obliged to notify in writing to the tenant on the transport ship has come to port order and ready to get the goods (hereinafter the notice available).
2. The time and date of the notice available because the parties agreed in the contract, the absence of the agreement shall be determined according to local customs.
3. The carrier must compensate the damages incurred by the contents of the notice of the right to truth not available at the time of the carriage rental received this text.
Article 105. Replaced goods 1. The carriage rental has the right to replace the goods stated in the contract of carriage of goods by type of goods equivalent in nature, but not affect the interests of the shipping and other transportation rental ones.
2. Shipping rates for this type of goods is not lower than the replacement rate agreed for goods being replaced.
Article 106. Loading and shipment on board the Sea 1. The goods must be arranged on board the sea according to the diagram of the goods due to the captain to decide. The goods on deck must be shipping tenant agree in writing.
2. The carrier is obliged to take care of loading, the thoughtful arrangement, binding and ligament separates the goods stay on the ship. The costs involved due to the two sides agreed upon in the contract.
Article 107. The ship left the port of order 1. The carrier has the right to ship left port after loading duration and time limit for excess in the contract of carriage by charter flight had ended, although the whole of the goods or part of the goods hired transport is not yet picking up ships due to these causes belong to the tenant. In this case, the carrier still is collecting enough money without transportation, including rates of goods not yet picking up the ship; billing currency for goods number that called slander charges.
2. in case of rental of shipping raw, the carrier has the right to collect the money, but must implement the following requirements of the transportation of: a rental) For the ship sailed ahead of time;
b) picking up ships of goods were concentrated in the loading place, even though the time limit excess Japanese, if the loading of the goods that only do save the ship within a period not exceeding fourteen days and still enjoy the rights prescribed in paragraph 3 Article 103 of this law.
3. In the case of ship part to hire, the carrier has the right to collect enough charge and denied picking up cargo spacecraft was brought to after the draw period or after the deadline has sealed the agreement due to the cause belongs to the tenant.
Article 108. The route and time of carriage 1. The carrier must make the carriage of the goods in reasonable time, in accordance with the route specified in the contract or under the usual route, if in no other agreement contract.
2. The carrier is not considered breach of contract, if the ship had to deviate the route to rescue people distress at sea or other legitimate reasons. The carrier is not liable for compensation of losses incurred due to shipping goods to deviate the route in this case.
Article 109. Alternative port 1. When the ship is not to be the port of return due to the causes can not pass and cannot afford to wait to return into port after a reasonable time, then the carrier is allowed to bring the ship into a port of safe alternative and must inform the tenant of transport known to ask for directions.
2. The case for a ship, the boat depending on the specific conditions, the captain must seek alternative port directive and action under the carriage rental; without the ability to implement the directive of the people hired to transport or after a reasonable waiting time and still not getting the directive of the people hired to transport the captain may be unloading from the vessel or the cargo back to the port of shipment, subject to the discretion of yourself , so that the rights of legitimate protection of shipping. The tenant must pay the shipping charges shipping located and associated costs.
3. in case of rental of part of the ship, the captain also has a right of action provided for in paragraph 1 of this article, if after five days of applying the directive and still received no indication of who hired transport or inability to implement the directive. The tenant must pay for shipping the shipping charges and associated costs enough.
Article 110. Unloading and return 1. The unloading by Captain decision. The carrier is obliged to care the unloading.
2. The transport rental has the right to dispose of the goods until the goods are charged to the consignee, if not yet delivered this right to others; have the right to request to unload before the ship began to move, change the recipient or return to port after the trip began with the condition must compensate all losses and costs involved.
3. The rights stipulated in paragraph 2 of this Article do not apply, if the implementation is causing significant delays to the start of the trip, unless the carrier agree. Article 111. Without transportation 1. The case of the goods was picking up ships exceed the volume agreed in the contract, the carrier only has the right to collect the charge according to the agreed rates for the number of such goods.

2. where the goods are pirated draw up the ship, the carrier has the right to collect double the charge from the port of shipment to the port of return and compensation of losses incurred due to the number of goods loading smuggled it aboard. The carrier has the right to unload the goods loading number smuggled it in any port, if it deems necessary.
3. When receiving the goods, the consignee must pay for the shipping charge, compensation due to save the Board or other costs related to the transportation of the goods, if the funds have not been paid in advance.
Article 112. Paid shipping, warehousing and handling goods auction money regulations on shipping rates payment, goods handling, money auctioning goods in articles 84, 85, 94 and 95 of this Act is applied for the carriage of goods under a contract of carriage by charter flight.
Article 113. The right to terminate the contract of carriage 1. The carriage rental has the right to terminate the contract in the following cases: a) the carrier does not take the ship to the place of loading at the right time the agreement, delay in loading or starting the trip; in this case, the transport rental has the right to claim for the losses incurred;
b) When we have that has yet to begin the voyage or when the ship is sailing, the tenant has the right to request the shipping and pay enough money without transportation, the costs involved for the carrier.
2. The carrier has the right to reject, do not make required unloading of transports specified in point b of paragraph 1 of this article, if it deems that the delay trip or affect the rights of the people involved do have to change the schedule.
3. where the ship, boat transportation tenant has the right to terminate the contract before the ship began the trip, but have to pay the associated costs, depending on the time of the termination of the contract, the tenant must pay the shipping cost according to the following rules: a) Pay half the charge If the termination of the contract before the computer loading time limit;
b) Charged full charge, if the termination of the contract after the computer loading time limit or terminate the contract after the extra period, the calculation if the contract only committed for one trip;
c) Charged full charge of the entire trip that people hired to transport termination of the contract before the start of the trip plus half the charge of all the next trip, if the contract is for multiple trips.
4. where the employer terminates the contract of carriage according to the provisions in paragraph 3 of this article, the carrier is obliged to save the ship in place of loading until the goods are unloaded is finished, even though it exceeds the duration of loading and duration of excess.
5. where the rent part of the ship, then the transport rental has the right to terminate the contract and to claim the costs involved, depending on the time of the termination of the contract, the tenant must pay the shipping charge according to the following rules: a) Pay half the charge If the termination of the contract after the period the goods agreed;
b) Charged full charge, if the termination of the contract while the ship is making the trip.
Article 114. The right to terminate the contract of carriage the carrier has the right to terminate the contract before the start of the trip, if the goods have been picking up ships not under contract and the total value of the goods which is not enough to ensure charge and the related costs for which the carrier must spend on the goods , unless the tenant has to pay full shipping charge or to have the necessary assurance. The tenant must pay the shipping costs involved in unloading and half the charge agreed.
Article 115. Termination compensation 1. The parties to the contract have the right to terminate the contract without compensation, if before the ship started to leave the place loading has occurred following events: a) the war threatens the safety of the ship or goods; the port of shipment or return port was announced being blocked;
b) the ship arrested or the custody by decision of the competent State bodies which are not the fault of the parties to the contract;
c) ships were commandeering State;
d) Have banned the transport of goods out of the port for goods receipt or the return port.
2. the party terminating the contract in the cases specified in paragraph 1 of this article must bear the costs of unloading.
3. The parties have the right to terminate the contract, if the event specified in clause 1 of this happening while the cruise ship; in this case, the tenant is obliged to pay the shipping charges located and costs unloading.
Article 116. Course contract ended 1. Course contract terminated, neither party would have to compensate the damages, if after concluding the contract and before the vessel leaves the place of loading that neither party has an error in the following cases: a) the ship is specified in the contract was sunken, missing, sexually won;
b) of goods stated in the contract;
c) the ship is specified in the contract are considered damaged beyond repair or repair is not economically.
2. In the case of the cruise ship that happened the cases specified in paragraph 1 of this article, the carrier only has the right to collect the brushes located; If only the ship suffered the loss for which the goods are rescued or returned then the carrier has the right to collect the charge located for goods number.
Article 117. Preservation of the goods upon the termination of the contract When the contract termination according to the provisions of this Section, then the carrier must still have the obligation to take care of the goods until delivery to the person who has the right to get the goods, except in cases specified in point a and point b paragraph 1 Article 116 of this code.
Article 118. Time of execution of the contract of carriage by scheduled flight time of execution of the contract of carriage by charter flight was two years from the date the complainant knew or should have known their rights being violated.
ITEM 4 TRANSPORT CONTRACT Modalities 119. Multimodal transport contract 1. Multimodal transport contract is the contract is between the shipper and the multimodal transport business, according to which the transport business employs multimodal transportation of goods to collect money for the entire shipping process, from goods receipt to the return location for the recipient of the goods by at least two modes of transport , which must have the mode of transportation by sea.
2. The multimodal transport business is the people themselves or authorize others contracts with multimodal transport the shipment.
3. The sender is the person themselves or authorize others contracts with multimodal transport, the multimodal transport business.
4. multimodal transport document is evidence of the contract of multimodal transport, confirm the transport business to multimodal transport and return in accordance with the commitments agreed upon by contract.
Article 120. The liability of the multimodal transport business 1. The multimodal transport business must be responsible for the goods under the contract of multimodal transport from the time of order until the pay row.

2. The multimodal transport business could sign private contracts with the carriers of each mode of transport, which defines the responsibilities of each of the parties with respect to each mode of transportation. The private contract does not affect the liability of the multimodal transport business for the entire shipping process.
Article 121. Limitation of the liability of the multimodal transport business 1. Case of loss of goods, damage occurs in a certain transport modes of transport, the regulations of the respective laws regulate the method of transport to that of multimodal transport was applied to the liability and limitation of liability of the multimodal transport business.
2. where the goods could not be determined to be loss, damage occurs in modes of transport, the multimodal transport business have to bear the responsibility of compensation according to the provisions on exemption from liability and limitation of liability of the carrier in article 78 and 79 of this Act.
Article 122. Detailed rules on multimodal transport, the Government detailed rules on multimodal transport.
CHAPTER VI of the CONTRACT of CARRIAGE OF PASSENGERS and THEIR LUGGAGE by SEA Article 123. Carriage of passengers and luggage 1. Contract of carriage of passengers and their luggage by sea is the contract is between the carrier and the passenger, according to which the carrier used to ship the sea carriage of passengers, baggage, from the receiving port to the port of charged the customers and collect passenger baggage rates, because passengers pay.
2. The carrier is the person directly or authorize others to contracts of carriage of passengers and luggage with passengers.
3. The fact that the person is transporting people transport the entire implementation mandate or part of the carriage of passengers and luggage.
4. Passengers who are transported on ships under a contract of carriage of passengers or the carrier agreed to take along vehicles, live animals are transported under a contract of carriage of goods.
5. The baggage is objects or vehicles to be transported under a contract of carriage of passengers by sea, except in the following cases: a) the objects and means of transport to be transported under a contract of carriage of goods;
b) live animals.
6. Cabin Baggage is baggage that passengers remain in their rooms or in the supervision, care, control of himself.
Article 124. Certificate from the carriage of passengers and luggage 1. Certificate from the carriage of passengers and baggage, including: a train Ticket) is evidence of the delivery of the contract of carriage of passengers;
b) identification Paper is proof of the baggage of the passengers has been sent.
2. The carrier has the right to replace the tickets from the proof of equivalence, if passengers were transported on the ship is not a dedicated passenger ship.
3. The transport of the exemption regulation, reduction, priority purchase and refund the tickets of passengers and baggage.
Article 125. The rights and obligations of passengers 1. Passengers are entitled to all benefits under the right fare class and not have to pay the shipping charges for hand luggage in the range and types of weight due to the transport regulations.
2. Passengers have the right to terminate the contract before the ship's departure or after the trip began in any port where the ship visit to pickup or drop-off and have the right to receive a refund the ticket or the corresponding amount of the unused tickets, after subtracting costs or penalties, if any.
3. the passenger is obliged to obey the command of the captain, Executive rules, instructions on board and follow the guidance of the officers and crew are responsible.
4. The agreement aims to limit the rights of passengers or waived, reducing the liability of the carrier prescribed in this chapter are not valuable.
Article 126. Obligations and rights of the carrier 1. The carrier is obliged to ensure reasonable rolled introspection for a ship capable of going to sea, including the boat, fitted with dingbian, supply necessary since at the start of the carriage, during transport to the port of charged.
2. The carrier is obliged to take care of and protect the attentive passengers and their luggage from receipt to shipping until passengers and their luggage left the ship in the port of pay securely; bear all the cost for shuttle, providing food and drink and serve the necessary activities in the special case that occurs beyond the expected in time to ship for a cruise.
3. The carrier is obliged to buy the insurance of civil liability of the carrier in respect of passengers.
4. The carrier has the right to refuse to perform the contract without compensation, if the following cases occur: a) war or other events give rise to the threat of the ship may be detained;
receive Port or port b) drop-off was announced being blocked;
c) the ship arrested, custody by decision of the competent State bodies which are not the fault of the parties to the contract;
d) vessel being requisitioned State;
DD) Has banned transport of passengers out of the harbor of port customers or getting paid.
5. in case the carrier refused to perform the contract of carriage according to the provisions of paragraph 4 of this Article before the ship sailed to reimburse passengers fares and rates of baggage.
The case of the trip began, the carrier must return a partial fare passengers in proportion to the distance of the carriage was not performed; at the same time, have the obligation to take passengers back to the port of his customers received by cost or compensation to passengers a sum of money equivalent.
6. in case of passengers not present at ship time regulations, including when the ship put into port in time to make the trip, then the carrier has the right to not refund the fare collected.
7. The carrier has the right to postpone the departure of the ship time, change the shipping route, change the place of pickup or drop-off, if the sanitary and epidemiological conditions in the place of departure, destination or along the transit route as well as other situations occur beyond its control. Depending on the requirements of passengers, the carrier must bear the costs included passengers on the port to receive compensation for customers or passengers to the actual losses.
8. The provisions in paragraph 7 this does not limit the right of passengers to refuse to perform the contract of carriage.
Article 127. The liability of the carrier and the actual carrier in passenger transport and the liability of the actual carrier in the carriage of passengers by sea is applied according to the provisions of article 77 of the code.
Article 128. Exemption from liability of the carrier when a passenger captured the carrier is not liable for the passengers being competent State agencies at the port which ships visit during the voyage arrested the passenger causes self inflicted.
Article 129. Handle for the passenger smuggled tickets 1. Passengers who have tickets away over pirated ship when the ship is in port or port range in the place without the consent of the carrier, the captain or person in charge of the ship and remained on board after the ship has left the port or the port range in place.
2. The passenger is obliged to pay the fare of pirated enough public money for shipping distance went and a payoff by the shipping amount is charged.

3. The captain has the right to take passengers ashore tickets or switch to smuggled another ship to return to port where the passengers that were on board and must inform the competent State agencies about the name, age, country of origin of the smuggled passengers ticket, where passengers aboard and hid on the ship.
4. The case of pirated passenger tickets are accepted for the remaining distance to go forward, they must buy the ticket and has the right, the obligation as the other passengers.
Article 130. Compensation liability of the carrier 1. The carrier is liable for compensation for damage caused by passengers dead, injured or other health detriment and lost, damaged baggage, if the problem of damage occurring during transport due to the fault of the carrier, the person doing the work, the agents of the carrier caused within the assigned work.
The fault of the carrier, the person doing the work, the agents of the carrier is considered naturally, unless proven to be that passengers dead, injured or other harm and health loss, damage to hand luggage occurs due to collision incident, sunken, gutted, grounding, explosion fire, or disability of the ship.
The fault of the carrier, the person doing the work, the agents of the carrier is considered naturally, except to prove that the loss, damage or other types of baggage, regardless of the cause of loss, damaged it.
In other cases, the responsibility to prove the fault belongs to the complainant.
2. The responsibility to prove the damage and the extent of the loss, damage caused by collision incident, immerse, destruction, fire, explosion, or disability of the vessel during the carriage belongs to the complainant.
Article 131. The process of transport of passengers and baggage 1. The process of transport of passengers by sea began when passengers boarded the ship and ended when the passengers left the ship, including the transportation of the passengers from the Mainland off the ship and vice versa, if the cost of shipping that was included in the train fare.
2. The process of transport of hand luggage of passengers similar provisions paragraph 1 of this Article. The process of transporting baggage, excluding hand luggage began when the carrier, workers, agents of the carrier get the luggage at the port to receive guests and ended when charged baggage for passengers at the port to pay.
Article 132. Limitation of liability of the carriage of passengers and luggage 1. The liability of the carrier in the event of a passenger's death, wounding or other health damage does not exceed the calculated unit 46,666 for a contract of carriage of passengers and baggage, with the total compensation levels do not exceed 25 million units of calculation; for those cases where the courts decide the payment made in the form of periodic, then the total amount of compensation that does not limit stipulated in this clause.
2. The liability of the carrier for loss, damage to hand luggage do not exceed 833 units of calculation for a passenger in a contract of carriage of passengers and luggage.
3. The liability of the carrier for loss or damage to vehicles including all luggage transported on vehicles that do not exceed 3,333 units calculated for a medium in a contract of carriage of passengers and luggage.
4. The liability of the carrier for loss, damage to baggage, the baggage is not prescribed in clause 2 and clause 3 of this article do not exceed 1,200 units of calculation for a passenger in a contract of carriage of passengers and luggage.
5. The carrier and the passenger may agree reduces the liability of the carrier a deduction not exceeding 117 unit calculations in the case of damage to a means of transport and not more than 12 units of calculation for a passenger in case of loss, damage to other baggage.
Article 133. Loss of right to limit liability 1. The carrier lost the right to limitation of liability specified in article 132 of this law, if a loss occurs is proven to be the consequences of the carrier had intentional acts that cause losses or negligent and know that a loss may occur.
2. The provisions in paragraph 1 of this article are applied with similar workers, agents of the carrier.
Article 134. Loss, damage or precious objects, other valuable property, the carrier is responsible precious objects, the compensation money, valuable papers, works of art and other valuable possessions were lost, damaged, if passengers have declared about the nature and value of the property to captain or officers responsible for the luggage when sent to preservation.
Article 135. Baggage storage 1. The carrier has the right to retain the baggage of passengers, if the passenger has not paid enough debt to ensure its legal rights until the passenger has paid the debt or has given adequate guarantees.
2. no baggage, the carrier has the right to disembark, sending in a safe, appropriate and inform the passenger or the passenger who was authorized to know. All costs and expenses incurred by passengers.
Article 136. Notice of loss, damage to baggage 1. Passengers must be notified in writing to the carrier or agent of the carrier about the loss, damage to the baggage in the following cases: a) the obvious damage to hand luggage must be reported before or when passengers left the ship;
b) obvious damage to the baggage other than hand luggage must be reported before or at the time of paying the baggage;
c) loss, damage to the baggage that cannot be detected from outside must be reported within a period not exceeding fifteen days from the day the passengers left the ship or the baggage should be charged.
2. in case of not implementing the provisions of paragraph 1 of this article shall be deemed to have baggage delivery intact, unless the proof to the contrary.
3. Passengers are not notified in writing if your baggage receipt had the check or inspection of the carrier and the passenger.
Article 137. Time of carriage of passengers and luggage 1. Time compensation of losses caused by passengers dead, injured or other health damage and loss, damaged baggage is two years.
2. the time prescribed in clause 1 of this article shall be calculated as follows: a) where passengers get hurt from the date passengers left the ship;
b) where passengers died in transit time from the date of the supposed passengers left the ship.
Case of passengers injured in the course of transportation led to the consequence that passenger died after the ship departed from the date that person to die, but not so for three years from the date of departure;
c) cases of loss, damage to the baggage, the passenger disembarked from the date or day perhaps passengers left the ship, depending on the time later.
3. Despite the temporary suspension or interruption of the time claim prescribed in paragraph 1 of this article, the time is also not so three years from the date of the passengers left the ship on or perhaps passengers left the ship, depending on the time later.
 
CHAPTER VII CONTRACT of CHARTERING section 1 GENERAL PROVISIONS Article 138. The lease contract vessel chartering contract is allocated between ship owners and the chartering, whereby ship owners over the use of their ship for the boat rental within a given time limit with the specific purpose to be agreed upon in the contract and the receipt of money by chartering the ship rental charged.
Article 139. Forms of chartering contract 1. Ship rental contract is in the form of the lease term or specified ship chartering contract ceiling.

2. ship rental contract must be committed to writing.
Article 140. Boat rental 1. Case of contractual agreement, the tenant can ship to a third vessel rental, but still has the obligation to perform the contract was delivered to the shipowner.
2. The rights and obligations of the shipowner as defined in this chapter also apply for the rent back to the ship.
Article 141. The principle of applying the legal provisions in the contract of chartering the provisions related to the rights and obligations of the owner and the person chartering provisions in this chapter only applies when the shipowner and the person chartering with no other agreement.
Article 142. Time related to lease the ship time for incidents relating to the lease of ships is two years from the date of termination of the contract.
Section 2 DEFINED TERM CHARTERS Article 143. Fixed term ship rental contract 1. The lease term is the contract specified ship chartering, whereby ship owners to provide a specific ship along with the boat for the boat rental.
2. the fixed ship lease term has the following content: a) the name, the name of the ship owners chartering;
b) name, nationality, level of ships; tonnage, capacity, volume, speed and fuel consumption of the ship;
c) The operation of the Board, the purpose of use, the duration of the contract;
d) time, place and conditions of work and pay;
ship rental), the method of payment;
e) other related content.
Article 144. The duty of the shipowner in the defined term charters 1. The shipowner is obliged to ship traffic for the right boat rental places, time with technical safety status needed, has sufficient reserves consistent with the purpose of use agreed in the contract and maintained as such throughout the period.
2. the owner is obliged to provide the boats have the capacity consistent with the purpose of use of the ship agreed in the contract, pay salaries and ensure the legal rights for crews in time chartering.
Article 145. Rights of fixed term charters 1. The chartering have full rights to use the specialized areas on board for transportation of goods, passengers, luggage.
2. The person chartering does not have the right to use other areas on board for transportation of goods, passengers, baggage, unless the shipowner agrees. Article 146. Obligations of the fixed term charters 1. The tenant is obliged to ship using the ship's true purpose has been agreed upon in the contract and must care the interests of the shipowner.
2. The rent Board is obliged to insure only ships used to transport goods, passengers and luggage.
3. After the expiration of the lease, the vessel chartering are obliged to pay to ship the right location, time and technical status agreed in the contract, except the natural wear of the ship.
Article 147. The relationship between ship owners, who rent the boat and ship sets of ships in fixed term charters 1. During the fixed term rental boat, the captain and the crew of the ship's boat in still administered on the labor of the shipowner. Ship owners fully responsible on issues related to the boat.
2. in the mining ship, the captain is representative of the chartering and fulfill the instruction of the train line with the fixed ship lease term.
3. The shipowner liable jointly with the chartering of the ship's captain made the powers specified in paragraph 2 of this article, except the captain was clearly in his commitment is made on behalf of the powers that the chartering.
Article 148. Divide the money in fixed-term chartering ship case fixed term rental rescued in time, the rental rescue public money be divided between the shipowner and the person chartering after subtracting costs related to operation rescue and the rescue boat for the bonus.
Article 149. Fixed term ship rental period too on the basis of the calculation of reasonable, if the ship completes final voyage beyond time charged to ship is specified in the contract of chartering the ship rental has the right to continue to use the ship to complete that trip; the rent Board to pay rent for the time beyond which according to the rates specified in the lease; boat rental on the market if the price is higher than the price specified in the contract of chartering the ship rental to pay rent according to the market price at that time.
Article 150. Payment of fixed term charters 1. The tenant is responsible for paying the ship chartering from receipt to return her to the ship owners.
2. The person who hired the ship not to pay rent for the time the ship was unable to exploit due to damaged, lack of spare parts or by boat to the incompetent needed. In this case, the rent was free of liability for the costs to maintain the ship.
3. in case the ship was unable to exploit due to the fault of the person chartering the ship owners still enjoy rents ships and compensation of the damage involved.
4. The case of the missing money, the rental ship chartering are as of the date the fact was finally about to ship it.
5. in case the chartering does not pay rent as agreed in the contract of ship chartering, the shipowner has the right to retain the goods, property on the Board, if the goods, the property owned by the tenant.
Article 151. Terminate the lease term certain ships 1. The rent Board has the right to terminate the contract and claim damages, if the shipowner has errors in performing the obligation stipulated in article 144 of this law.
2. Both parties have the right to terminate the contract without compensation, if going to war, riot or by coercive measures taken by the competent State agencies impede the implementation of the contract that the event could not be terminated after a reasonable waiting time.
3. ship rental contract naturally terminate if the missing ship, sunken, gutted, were considered damaged repair or not repair is not economically effective.
Section 3 SHIP RENTAL CEILING 152 Thing. Ship rental contract ceiling 1. The lease is a contract ceiling ship chartering, whereby ship owners provide the chartering a ship specifically does not include the boat.
2. ship rental contract ceiling has the following content: a) the name, the name of the ship owners chartering;
b) name, nationality, level of ships; tonnage and engine of the ship;
c) The operation of the ship, ship and uses the ship rental period;
d) time, place and conditions of work and pay;
DD) check, maintenance and repair of the ship;
e) money chartering, the method of payment;
g) insurance;
h) time, conditions of termination of the lease;
I) other related content.
Article 153. The duty of the shipowner in chartering the ceiling 1. Ship owners have to introspection, rolling in the performance of its obligations to ship capable of going to sea and the ship's papers for people who rent vessel died in location and time agreed upon in the lease.
2. In time for chartering, ship owners are not mortgage the ship without the consent in writing of the person chartering; cases of ship owners do this contravention must then compensate the damage caused to the rented boat.
3. where the ship was arrested because of disputes regarding the ownership or the debt of the shipowner, the shipowner should ensure the interests of the person chartering is not affected and to compensation for damage caused to the rented boat.
Article 154. The obligation of the person chartering the ceiling 1. The tenant is obliged to ship maintenance of ships and ship equipment in time chartering.

2. The rent Board is obliged to repair the damage of the ship in time chartering and must notify the shipowner said. The shipowner is responsible for paying the repair, if the losses incurred outside the scope of responsibility of the tenant.
3. In time chartering, ship hire people to incur insurance costs for ships with the values and the way that was agreed upon in the lease.
4. In time chartering ceiling, if the use, exploitation of the ship chartering caused damage to the ship owners who rent vessel is obliged to redress or compensation.
Article 155. The obligation to pay the ship, too lease and the termination of the lease obligation ceiling ships charged deadlines too, ship chartering and ship rental contract termination ceiling is made according to the provisions in paragraph 3 to article 146, article 149 and 151 of this law.
Article 156. Pay for chartering The boat rental ceiling ceiling must pay the rent Board as agreed in the contract of chartering. The case of the train suffers the loss or disappearance of, the payment of termination from chartering the ship lost whole or from the date of the last information about the ship. Ship prepaid rent must be paid back with corresponding time parked.
Article 157. Rent to buy the ship When the ship had ceiling hire contract terms for leasing of ships, ship ownership under the lease was transferred to the ceiling of the ship chartering as agreed in the contract.
CHAPTER VIII SHIPPING AGENTS and BROKERS ITEM 1 Article 158 of SHIP AGENTS. Ship agent of ship's agent services that ship agent on behalf of the shipowner or the exploitation conducted the services related to ship operations at the port, including the implementation of the procedures of the ship, left the port; the contract of carriage, the contract of marine insurance, unloading of goods contract, contract to hire boats, boat rental contract; sign the tracking generator or equivalent shipping documents; the provision of supplies, food, fuel for the ship; the maritime appeal; contact information with ship owners or exploitation; crewing related services; currency, the funds related to mining activities; resolve the dispute about the contract of carriage or of maritime accidents and other services related to ships.
Article 159. Ship agent 1. The ship's agent who is the mandated appointed representatives to conduct ship agent services under the mandate of the person mandated at the port.
2. The vessel agent can perform ship agents services for transport, hire people who hired the ship or who else has contractual relations with ship owners or the exploitation of the ship, if the ship owners or people exploiting the ship agree. Article 160. The contract of ship agent of ship agent contract is the contract is in writing between the mandate and the agent of the ship, according to which the mandated mandated for ship agents who made the ship agent services for each train or in a specific period.
Article 161. The liability of the ship agent 1. The shipping agents are responsible for conducting the operations necessary to take care of and protected the legitimate rights and interests of the person mandated; must obey the requirements and directions of the Commission; promptly inform the entrusting of the events related to entrusted tasks; accurate calculations of the revenues and expenses related to entrusted tasks.
2. The vessel agent has responsibility for compensation for the damage caused by the mandate of its error cause.
Article 162. The responsibilities of the Commission 1. The person delegating responsibility to guide the ship agents to perform services has mandated when needed and must advance at the request of the ship agent the amount projected spending for services was mandated.
2. in case of the ship agents take action beyond mandate the mandate must still take responsibility for actions that, if immediately after receipt of this information that the Commission did not inform the people involved know I not recognize this action of the ship agent.
Article 163. Shipping agent service price Reviews shipping agent service by the parties to the agreement, unless otherwise specified by law.
Article 164. Time of execution of the contract agent of ship time of execution of ship agent contract is two years from the date of arising disputes.
Article 165. Ship agents for the public service ship, fishing vessel, seaplane and foreign military vessels to Vietnam the provisions of this Section are applicable to the public service ship, fishing vessel, seaplane and foreign military ship to Vietnam.
 
Section 2 BROKERING Article 166. Brokering and brokering 1. Brokering is service intermediaries for the parties involved in the transaction, talks, concluded the contract of carriage, the contract of marine insurance, ship rental contracts, contracts for the sale of the ship, vessel, Pimp my hybrid contract lease and other contracts relating to maritime activities as brokers contract.
2. Who are the brokers who made brokering services.
Article 167. The rights and obligations of the brokering 1. Have the right to serve the parties to the contract with the condition must notify all parties know that and are obliged to care to the legitimate rights and interests of the parties concerned.
2. Enjoy the Commission when the contract was signed by the intermediary activities. Brokers and who was the broker agreement on brokerage commissions; If there is no previous agreement, the Commission is determined on the basis of local customs.
3. Has the obligation to perform the work an honest broker.
4. Responsibility for the legal status of the parties was the broker in the broker time.
5. The liability of the brokering ended when the contract between the parties is, unless agreed otherwise.
Article 168. Time of execution of the contract brokers time of execution of the contract brokering is two years from the date of arising disputes.
CHAPTER IX MARINE NAVIGATOR Article 169. Maritime navigation mode in Vietnam 1. The use of maritime navigation in Vietnam in order to ensure the safety of navigation, maritime security and the prevention of environmental pollution; contribute to defending the sovereignty, sovereign rights and jurisdiction of the country.
2. Vietnam ships and foreign ships when activity in the maritime navigation required of Vietnam must use the maritime Vietnam Navigator leads the ship and navigational charges. In the region of the maritime navigation is not required, if necessary to assure the captain can ask the Vietnam maritime navigational guide.
The Government specified the cases are exempting maritime navigational use Vietnam led the train when operating in the maritime navigation required of Vietnam.
Article 170. Marine Navigator organization 1. The Organization of maritime navigation is organized to provide services to lead the ship out to sea, ports, operating in a region of the maritime navigation required of Vietnam.
2. Government regulation on the Organization and operation of the marine Navigator.
Article 171. The legal status of the maritime navigation 1. Maritime navigation is mentor to captain the ship control consistent with the marine conditions in the area lead ship of maritime navigation. The use of maritime navigation not long command ship of captain.

2. in the time ships, maritime navigation in command of ship captain was leading.
3. The captain chooses Navigator or suspend operation of the maritime navigation and requires replacing other marine Navigator.
Article 172. Conditions of practice of maritime navigation 1. Is the population of Vietnam.
2. the health standard.
3. Have the certificate of competence in maritime navigation.
4. Only allowed lead ship of maritime navigation in accordance with the certificate of maritime navigation is granted.
5. Subject to the management of an organization of maritime navigation.
Article 173. The rights and obligations of the maritime navigation when the lead ship 1. Marine Navigator has the right to refuse to lead the ship, and must immediately notify Maritime Ports and maritime navigation organization when the captain deliberately did not perform the instructions or your reasonable recommendations with the witness of the third person.
2. the maritime navigation is obliged to regularly inform the captain about the marine conditions in the lead ship; recommended captain of the Act does not conform with the regulations on maritime safety and the other relevant regulations of the law.
3. the maritime navigation is obliged to inform the maritime Port of the situation led the train and the changing nature of maritime dangers that I discovered while the lead ship.
4. Marine Navigator to perform introspection, rolling his obligations. The lead vessel of the maritime navigation ends after the ship had anchored, the Harbour Bridge, to secure agreement of positions or when there are other alternative marine Navigator. Maritime navigation not allowed to leave the ship, without the consent of the captain.
Article 174. The duty of the captain and ship owners when using maritime navigation 1. The captain has the obligation to inform correctly for marine Navigator features and characteristics of the ship; ensuring the safety of maritime navigation when up and left the ship; provide the maritime navigational facilities work, serve in the course of time the marine Navigator aboard.
2. in case of loss due to an error of ship marine Navigator leads the shipowner should bear the responsibility of compensation of losses that as for the loss caused by the fault of the boat.
3. The case for reasons of ensuring the safety of maritime navigation, unable to leave the ship after the end of the mission, the captain must visit the nearest port to maritime navigators left the ship. The shipowner or the exploitation of the ship is responsible for arranging the maritime navigation taken back where took over and pay the associated costs.
Article 175. The responsibility of the maritime navigation when loss due to an error which leads the maritime navigation vessels only administrative responsibility, under the provisions of criminal law which are not subject to civil liability in the event of damage caused by defective lead ship of the Navigator.
Article 176. Detailed rules on maritime navigation 1. The Minister of Transportation Department of maritime navigation regulations required; training standards, grant, revoke the certificate of competence in maritime navigation and the certificate of maritime navigation operations.
2. The Ministry of Finance regulates marine navigation fees in Vietnam after the reunification with the Ministry of transportation.
Article 177. The Navigator for the boat service, ship, means of inland fishing, seaplane and foreign military vessels with the provisions of this chapter are applicable to the public service ship, fishing vessel, seaplane, inland and foreign military ship to Vietnam.
CHAPTER X HYBRID SHIP 178 Article PIMP. Pimp my hybrid vessel 1. Hybrid ship, the pimp pulled, pushed or bedside ships, floating on the sea vehicles and in the waters of the port by ship.
2. Hybrid ship consisting of futuristic pimp pimp on the beach and in the water aid Pimp my hybrid ports.
Article 179. The hybrid contract to direct the ship 1. Pimp my hybrid contract of the ship is the contract is in writing between ship owners and lessees lai Pimp, except lai pimp support in port waters.
2. The price of the hybrid service pimp ship due to the parties to the agreement, unless otherwise specified by law.
Article 180. Pimp my hybrid ship command 1. The ship and the ship or the means to be bred to other futuristic trains into pimp pimp. Pimp my hybrid trains were formed since the tugboat and other members of the convoy's driving hybrid is ready to perform the required operation on the orders of the Commander of the hybrid train pimp and disbanded when the last operation was done, the members of the convoy had left a remote Pimp my hybrid safe distance.
2. The parties to the contract of ship deals on Pimp my hybrid who has command of the hybrid train walking; If no agreement is then determined according to local customs.
3. Pimp my hybrid command support in the port waters in ship captain were bred.
Article 181. Obligations of the parties in future contracts of ship 1 pimp. Hybrid boat owners are obliged to provide the hybrid ship the correct location, the time with technical conditions agreed in the contract to direct ship hybrid.
2. hybrid rental-party pimp is obliged to prepare adequate security conditions for the ship as agreed in the contract to direct ship hybrid.
Article 182. The liability for compensation of losses in future pimp ships 1. The shipowner of the ship captain to keep command of the hybrid train pimp must take responsibility for the losses with respect to the vessel, persons and property on Board of the ship crew member lai Pimp, if not prove that the losses that occur outside the scope of his responsibilities.
2. The ship, under the command of another ship captain was not exempt, reduce liability concerns to the safety of the hybrid train Pimp; the shipowner is responsible for the loss of the vessel, persons and property on board by other members, if his ship at fault causing damage.
3. In the process of implementing the hybrid contract of ship, if Pimp my cause damage to a third party, then the contract parties must bear the responsibility of compensation according to the degree of fault of each side.
Article 183. Time of execution of the contract future pimp ship time on the implementation of the hybrid contract is for two years, the ship took charge from the date of arising disputes.
Article 184. Future military ship, the pimp the service, fishing vessel, seaplane and inland to the provisions of this chapter are applicable to military ships, ship, fishing vessel, public service vehicles and inland.
CHAPTER XI MARITIME SALVAGE Article 185. Maritime salvage 1. Maritime salvage rescue vessel or action is the property on the ship to escape danger or act relief ship under hazard at sea, in port waters, are done on contract basis for maritime rescue.
2. maritime salvage contract is the contract is between the rescuers and the rescue was on the implementation of rescue. The captain of the ship in distress was on behalf of the ship owner contracts for rescue. The captain of the ship or ships in distress are property owners behalf carry on board contracts property rescue.
3. maritime salvage contract is in the form agreed by the parties.
4. Parties involved in maritime rescue contracts have the right to request the cancellation or changes to the agreement are not justified in the contract, if this agreement is endangered in and affected by the situation, or prove to be deceived, taking advantage when committed or when the rescue money is too low or too high compared to the syndicated reality level.
Article 186. Obligations of the rescue, the ship owners and captains 1. During the rescue, the rescue has the following obligations: a) conducted the rescue rolling introspection;

b) apply appropriate measures to prevent or reduce damage to the environment;
c) Must require the support of other rescue people in case of need;
d) accepted the rescue actions of other rescue people when there is a reasonable request of the shipowner, the captain of the vessel or the owner of the property are in danger. In this case, the amount of people that rescue is not affected, if the rescue of lifesavers is unreasonable.
2. The shipowner, the captain of the vessel or the owner of the property is in danger has the following obligations: a) partnered with lifeguards during the rescue process;
b) must act to prevent introspection or reduce damage to the environment while being rescued;
c) When a ship or other property was taken to a safe location, must return the ship or property for lifeguards, rescue people if required.
Article 187. Entitled to remuneration and rescue 1. Every act of maritime rescue brings useful results shall be entitled to remuneration for rescue.
2. the rescue Money include money paid for rescue, salvage costs, transportation costs, preserving the ship or property be rescue and salvage work bonus.
3. The wages were paid both rescue in case rescuers have direct or indirect action to help rescue people are defending the benefits related to the cost of money, public money to transport passengers; rescue ships belonging to the same shipowner.
4. rescue actions contrary to the clear and sensible of the captain of the ship were not paid.
Article 188. The principle of determining remuneration and rescue 1. The rescue money was agreed upon in the contract, but must not exceed the value of the ship or property be rescue.
2. In the case of the rescue money was not agreed in the contract or unreasonable then the rescue money is determined on the following basis: a) the value of the ship and save property;
b) the skill and efforts of the rescuers in preventing or minimizing the damage of environmental pollution;
c) effectiveness of rescue lifeguards;
d) the nature and degree of danger of accidents;
DD) skill and efforts of the people in the rescue vessel, and property on the ship;
e) time, costs and the associated loss of the lifeguards;
g) risks of liability and other risks for lifeguards or rescue equipment;
h) timeliness of the rescue operations due to the rescue;
I) availability, capacity of ships and other equipment used in the rescue;
k) availability, performance and value of rescue equipment.
3. the rescue Money may be reduced or not recognized, if the rescue had caused the situation to rescue or attempt of theft, fraud, fraud in carrying out the contract.
Article 189. Public money especially in maritime salvage 1. The case of the rescue have made rescue operations involving ships or goods on the ship threatened to cause damage to the environment that are not entitled to the amount determined under paragraph 1 and paragraph 2 to article 188 of the code the lifeguards are entitled to a special public funds from the shipowner.
2. special funds defined in paragraph 1 of this article that ship owners to pay for lifeguards do not exceed 30% of the cost of the rescue. The case has a grievance, if found reasonable and based on the provisions in paragraph 2 of this Law 188 Thing the Court or arbitrator may decide to increase the level of remuneration, but not exceeding 100% of the cost of the rescue.
3. the costs incurred by the rescue provisions in item 1 and item 2 this is the reasonable costs that the direct rescue and other reasonable expenses incurred from actually using the equipment, rescue workers in the rescue operation. When determining the cost of the rescue is pursuant to the provisions in point h, i and k, item 2 Article 188 of this Act.
4. In all cases, the full amount of the special provisions in this only gets paid when that sum of money greater than the amount of money that the rescue may be entitled under the provisions in article 188 of this Act and is the difference between the sums of public money and special rescue equipment.
5. The case due to the carelessness of the lifeguards that does not prevent or minimize environmental pollution damage are the lifeguards can lose part or all of the benefit of that particular public money.
6. The provisions of this Article do not affect the permissions demanded by the shipowner for the parties to be rescued.
Article 190. Principle of determining the value of the ship or property to save the value of the ship or property are at the place where the real value is to ship the property after being rescued or sale, property valuation, after subtracting costs posted, preserving, organizing the auction and other related expenses.
Article 191. Bonus save people money in the rescue 1. Who are saved computer network has no obligation to pay any money for his rescuer.
2. People who save lives be justified in bonus money the rescue or special public funds, if the action relates to the same crash do arise-rescue action property.
Article 192. Prize money the rescue in other cases people are performing the task Navigator or hybrid ship entitled to direct the rescue bonus, if any special assistance beyond the scope of liability under the contract to salvage the ship that you are serving.
Article 193. Divide the money the maritime salvage 1. The rescue money was divided equally between the shipowner and the vessel's rescue boat, after deducting expenses, the loss of the ship and the cost, loss of ship owners or boat's regarding rescue action.
This rule does not apply to specialized rescue ship.
2. in the case of many ships joined in the rescue, the rescue public money Division made under the provisions of paragraph 2 of this Law 188 Thing.
3. Minister of transportation regulations how to divide the money the boat's rescue ship sets Vietnam.
Article 194. The right to keep the ship or property to save 1. The ship or property saved can be kept to ensure the payment of the rescue and other costs related to the valuation, auction Organizer.
2. Who is not rescue done right ship or property saved, when the owner or owners of such properties ensure adequate for grievance demanding payment of rescue work, including profit and the costs involved.
Article 195. Time of execution of the contract of maritime rescue time of execution of the contract maritime salvage is two years, counting from the end of rescue action.
Article 196. Maritime salvage ship for ship, military public affairs, media, fishing vessel inland waterway and seaplane of the provisions of this chapter are applicable to military ships, ship, fishing vessel, public service vehicles and inland.
CHAPTER XII SALVAGED SUNKEN PROPERTY, Article 197. Properties sank 1. The property is a ship, sunken military ship, ship, train or public service media, inland fish, seaplane, goods or other objects immerse in water, Vietnam or territorial sea or float to the Vietnam coast.

2. Assets sank from dangerous asset impede or endanger maritime activities, the marine resources; life-threatening and human health; pollute the environment.
Article 198. Obligations of owners of sunken property 1. Sunken property owners are obliged to salvage sunken assets and assume all costs related to wrecks, except in cases specified in clause 2 of this Thing. Where the sunken property does not perform salvage salvage or not timely request, the competent State organs prescribed in article 205 of this law the decision to salvage the property.
2. where the sunken ship is property, goods or other objects from the ship, the shipowner is obliged to salvage sunken assets and bear the costs involved. The train Manager, who exploit the vicarious responsibility of ship salvage sunken assets and payment of the costs related to salvage property.
3. in case of sunken property, pollute the environment, the sunken property owners must apply any preventive measure, limiting the damage and compensation for environmental pollution in accordance with the law.
Article 199. The time limit for notification and salvage sunken property, except where the provisions of article 200 of the law, the notice period and salvaged sunken property is specified as follows: 1. within thirty days from the date the assets were sunken, sunken property owners must inform the competent State organs prescribed in article 205 of the code of about salvage and expected end salvage;
2. Within a period of thirty days from the date of the notification, the competent State organs prescribed in article 205 of this law Sets the expected time limit decision ending the salvage operation or specifies the duration property owners must end salvage operations but this period is not more than a year.
Article 200. Salvaged sunken property hazard 1. Owners of sunken property, danger is obliged to immediately notify the Director of Maritime Ports nearest to where the incident occurred and are conducting salvage or destroyed property within the time limit by the Minister of transport decided. In case the property owner not salvaged or recovered by the owner of the specified property is not capable of ensuring the timely asset salvage then Minister of transportation salvage organization and decide the duration property owners must pay the associated costs.
The property owner must compensate the related losses and sanctioned under the provisions of the law, even when lost ownership of the property being immerse prescribed in clause 1 Article 202 of the code.
2. After thirty days from the date of notification of the property have been salvaged, if the property owner does not receive the requested property or non-payment of the costs involved within the time limit prescribed, the Minister of transport decided to auction the property. Case of sunken property of type hazard perishable property or the cost for maintaining larger than the value of the property that the Minister of transport decided to auction the property immediately after the salvage. The Organization of the auction is made according to the provisions of the law.
3. Upon payment of the salvage costs, preserving, auction and other reasonable expenses related to the property specified in paragraph 2 of this article, if there is money in the auction must be sent to the Bank and to inform property owners know; After one hundred and eighty days from the date of the notice, if the property owner does not receive the remaining amount then this amount together with interest to be sung on the State Fund.
4. where the amount auctioned assets sank from under the provisions of paragraph 3 of this article are not sufficient to offset the costs, the sunken property owners must repay the full balance within the time limit by the Agency decided to salvage sunken assets that determine; If the property owner does not have sunken to pay or do not identify the owners of sunken property, then the balance is taken from the State budget.
Article 201. Priority salvage sunken assets held, personal Vietnam are entitled to priority in the contracts salvaged sunken property in internal territorial water, Vietnam.
Article 202. Take ownership for the property sank 1. The property owner takes ownership of sunken property in the absence of notice or not salvage the property within the time limit specified in article 199 and 200 of this code Thing and immerse it naturally became property of the State of Vietnam.
2. In the cases specified in paragraph 1 of this article, the competent State organs prescribed in article 205 of this law to decide the handling of sunken property.
3. Owners of sunken property hazard lost ownership stipulated in paragraph 1 of this article must still be liable in damages and sanctioned under the provisions of the law.
Article 203. Handling assets sank from salvage random are 1. Random case salvaged was the property within the territorial water, Vietnam or when giving random property salvaged was on territorial water, Vietnam, who salvaged must immediately notify the competent government agency prescribed in article 205 of this law on the time, location and other relevant events; protect your property until it handed back to the owner of the property or the competent State Agency and notify the property owner knows, if condition.
2. in case of salvage property specified in clause 1 of this kind of perishable or when the cost for the maintenance of the property is too large then the salvage has the right to treat the property as defined in paragraph 2 and paragraph 3 Article 200 of this code.
3. within fifteen days from the date of the notice that the property owner does not receive the requested property or non-payment of debts, then the salvage is obliged to deliver the property to the competent State agencies specified in article 205 of this law.
4. Within a period of sixty days from the date of notification that the owner of the property as defined in paragraph 3 of this article do not take action to protect their rights, the competent State organs prescribed in article 205 of this Act has the right to treat the property as defined in paragraph 2 and paragraph 3 Article 200 of this code.
5. where the provisions of paragraph 1 of this article, who salvaged was entitled to the wages and other related expenses back according to the same principles on remuneration and maritime rescue.
6. where does not identify the owners of sunken property, then processed according to the provisions of the law.
Article 204. Handle the property float on the sea, on the coast 1. The disposal of the assets of floating on the sea, on the coast are applied according to the provisions in clause 1, 2, 3, 4 and 6 to article 203 of the civil code.
2. Who found, rescue or save the property of others that are floating in the sea are entitled to remuneration according to the same principles on remuneration and maritime salvage, if informed property owners know the latest is when the asset allocation on its request.
3. Who find, preserving the property onto the coast enjoys a bonuses and reimbursement of the cost of preserving the 30% of the market value of the property, if informed property owners know the latest is when the asset allocation on its request.

Article 205. The Authority handles the property sank 1. The Ministry of transport host handles the property sank from danger.
2. The Ministry of culture and information chaired the Organization processing the sunken property is the cultural heritage.
3. The Ministry of national defense hosted the Organization processing the sunken assets related to defense, security and property steeped in military areas.
4. the people's Committee of the central cities, chaired the organization handling the property sank not belonging to the property specified in the paragraph 1, 2 and 3 of this article.
5. The Government detailing the handling of sunken property.
CHAPTER XIII COLLISIONS Article 206. Collisions are casualty collisions occur due to collisions between ships with the ship, the ship with means of inland sea with ships, seaplane or between other vehicles at sea, in the waters of the port.
Article 207. The duty of the captain when occur collisions 1. When collisions occur, the captain of the ship-related collisions are obliged to conduct the rescue people, ships and property on another ship, if that action does not cause the special dangers for people, ships and property on his ship.
2. Immediately after the collision, the captain of the ship-related collisions are obliged to exchange for another ship, the coral name badges, where registration, port and Harbor to finally leave.
3. The shipowner is not liable for the captain does not perform the obligation prescribed in clause 1 and clause 2 of this Thing.
Article 208. Principles of error identification and compensation of losses in collisions 1. The ship has a bug causing collisions were causing the collision due to actions or negligence in the installation, control, management of the ship; in the observance of rules to prevent collision at sea and rules on maritime safety; do not make these usages occupations needed.
2. Ship fault cause collisions have to compensate the loss of the vessel, persons and property related to collisions. There are two or more instances of the same ship at fault in a collision accident, the compensation liability is allocated according to the degree of fault of each party; If the same error levels or when not identify specifically the degree of fault of each side, the compensation liability is allocated equally to all parties.
3. When not yet identified a clear error, no ship would be considered an error causing collisions.
4. In the case of compensation for life, injuries or other harm on human health, the fault must be responsible jointly. The train was compensated beyond his responsibility claiming the vessels concerned that excessive amount of refund.
5. military Vessels are exempt from liability only if there is an error causing collisions while on duty in the military maneuvers and active nautical zone was announced, but the captain must still perform the obligation prescribed in clause 1 and clause 2 Article 207 of the code of this if conditions allow.
6. On the basis of the provisions in paragraphs 1, 2, 3, 4 and 5 of this article, the parties involved in collisions is the right agreement for determining the degree of fault and liability losses occur collisions for that; If no agreement is then has the right to sue in arbitration or Court of competent jurisdiction.
Article 209. Collision due to force majeure, incidentally, does not define error cases occur collisions due to the unforeseen causes, random or when not determined ship at fault, the damage of the ship would ship it to bear, including the case of the ship is anchored, compelled or counter the starboard side another ship then occur collisions.
Article 210. Collision is not directly the provisions of this chapter apply when the vessel at fault causing damage to ships, and property on another ship without the direct collisions.
Article 211. Time of collision accidents 1. Time of collisions is two years, counting from the day the accident occurred.
2. Time of the excessive amount of refund claim prescribed in paragraph 4 to article 208 of this Act is one year from the date of paying the compensation.
Article 212. Collisions with military ships, ship the service, fishing vessel, seaplane and inland to the provisions of this chapter are applicable to military ships, ship, fishing vessel, public service vehicles and inland.
 
CHAPTER XIV GENERAL LOSS Article 213. The overall losses of 1. The overall loss is the sacrifice and extraordinary costs was made a conscious and logical way for your safety to save the ship, goods, luggage, freight rates, passenger public money to escape the threat.
2. loss, damage and costs is the direct consequence of the action causing losses new General counted in the overall loss.
3. Any loss, damage and costs related to damage to the environment or as a result of the leaks or discharges of pollutants from the property on the ship during the cruise on the sea are not counted into the overall loss in any case.
4. Fines due to slow unloading and any loss or damage suffered or costs are charged by the delay or after the cruise and any other indirect losses are not calculated into the overall losses.
5. Special expenses exceeds the required only on the overall casualties in the reasonable limit for each specific case.
Article 214. Allocation of common losses 1. The overall loss is allocated according to the percentage on the basis of the value portion of the losses in the action causing losses and save section at the time and place of the ship visit immediately after the loss.
2. The provisions in paragraph 1 of this article are also applicable to cases of threat arises due to the fault of the mutual benefits in general or the loss of a third.
3. The allocation of common losses does not exclude the right of the person concerned requires the person at fault must compensate yourself.
4. The principles used to determine specifically the value of losses and the value of shared loss allocation by the parties to the agreement in the contract. The absence of the agreement in the contract then the allocation of common losses pursuant to the provisions of this chapter and international practices to resolve.
Article 215. Allocation of common losses for hauling goods smuggled aboard the losses of goods for loading contraband on board or wrong about the types and values are not counted into the overall losses; If such goods were also rescued from the threat, must also bear a corresponding distribution value.
Article 216. Private loss any loss of ship, cargo, baggage, freight rates, passenger public money not be calculated into the overall losses according to the principles specified in article 213 of the code are called private losses. The victims were not compensated, if not prove loss occurs due to the fault of others.
Article 217. Loss statement and specify the allocation of common losses 1. The determination of the overall losses, the value of the loss and the overall losses allocation because the allocation of common losses made as directed by the owner.
2. The shipowner is the only person who has the right to declare the general loss and specify who allocate shared losses of thirty days from the date of the statement of losses.
Article 218. Time about general time losses on the overall loss is two years from the date of loss. The time of conducting the general loss allocation is not calculated in the time of the loss.
CHAPTER XV the LIMITATION OF CIVIL LIABILITY for MARITIME CLAIMS Article 219. People are right to limit civil liability

1. The shipowner is entitled to limitation of liability for maritime claims provided for in Article 220 of this law.
2. The right to limit the civil liability of ship owners also apply according to the same principles as for the rescuers, who mined the ship, the chartering and ship Manager that ship owners or people that are responsible for the action, negligence or mistake.
3. In case the insured has the right to limit his liability in respect of a maritime claim, the insured person is responsible for a maritime claim that also have the right to limit his liability similar to the insured.
4. Using the right limitation of liability does not mean that the person is entitled to limit liability admitted any responsibility for themselves.
5. Who is entitled to limit liability under the provisions of this chapter takes the right to limit his liability, if the losses proved to be the consequences of that person was at fault in causing the loss.
Article 220. Maritime claims apply limits of civil liability 1. Complaints about the death, injury or other damage on human health; loss, damage to property, including damage to harbour works, the anchor, the flow of maritime, maritime assistance system, happened on the ship or are directly related to the operation of the ship or salvage operations, and consequential losses arising from that activity.
2. Complaints about the loss is a result from the delay in the process of transportation of goods, passengers and their luggage by sea.
3. Complain about the other losses is the result from the violation of rights in addition to the contract have occurred that relate directly to the operation of the ship or salvage operations.
4. Complaints about salvage, moving, breaking or making harmless the ship was sunken, destroyed or abandoned, including the extant property or were on board.
5. Complaints about the move, destroy or make harmless the goods transported on the ship.
6. The complaint of the person is not the person responsible on the measures that this person has done to prevent or limit the loss that the civil responsibility have the right to limit his liability and the loss arising from the implementation of these measures.
Article 221. Marine complaints does not apply the limitation of civil liability 1. Complaints about public money for rescue or general loss contribution costs.
2. Complaints about damage caused by oil pollution.
3. Claims for damage caused by nuclear radiation pollution.
4. The complaint of the people working for the shipowner, to the rescuers that their duties related to the operation of the ship or salvage operations; complaints by their successors, the people that they have a responsibility to nurture or of another person is entitled to the same grievance, if the by-laws regulate the labor contract between shipowner or person rescue with these people, the shipowner or rescue people are not allowed to limit civil liability for the complaint or only limited civil liability at the rate higher than the limit specified in article 222 of the code.
Article 222. The limit of civil liability 1. The limit of civil liability for maritime claims in the event of death, injury or other health detriment occurs to passengers and loss, damage of baggage is transported by sea apply as specified in article 132 of this law.
2. The limit of civil liability for maritime claims in the event of death, injury or other damage to the health of people is not the passengers are defined as follows: a) 167,000 units calculations for ships to 300 GT;
b) 333,000 units calculations for vessels from 300 to 500 GT on the GT;
c) for ships 500 GT the addition from the above specified in point b of this clause applies to the first 500 GT, limited liability will be calculated as follows: for each calculation unit 500 GT, GT 501 to the G.T. stuff from 3,000 stuff; 333 units calculated for each GT GT GT 3,001 to stuff from 30,000 stuff; the calculation unit for each of the 250 GT, from 30,001 to 70,000 third GT second GT; 167 units calculated for each GT, GT 70,001 stuff up from
3. The limit of civil liability for maritime claims are defined as follows: a) 83,000 units calculations for ships not exceeding 300 GT;
b) 167,000 units calculations for vessels from 300 to 500 GT on the GT;
c) for ships 500 GT the addition from the above specified in point b of this clause applies to the first 500 GT, limited liability will be calculated as follows: 167 units calculated for each GT, GT 501 to the G.T. stuff from 30,000 stuff; the calculation unit for each of the 125 GT GT GT to 30,001 stuff from 70,000 stuff; 83 units calculated for each GT, GT 70,001 stuff up from
4. where the total amount is calculated according to paragraph 2 of this Article is not enough to pay for a maritime claim that total amount is calculated according to paragraph 3 of this article shall be used to pay for the lack of funds for a maritime claim under paragraph 2 of this Article and this lack of funds is calculated according to the rate corresponding to the other maritime claims in paragraph 2 Article This time.
5. A maritime claim prescribed in paragraph 3 of this article in relation to the damage occurring to the port works, the anchor, the flow of maritime, maritime assistance system is preferred to resolve before.
6. limitation of liability for the rescue does not work on a ship, or just the main activities on the ship who are providing rescue services or related to it are counted is equivalent to a ship 1,500 GT. 7. The limitation of liability provisions in this Article are applied to the total value of the claims arise out of the same incident.
8. civil liability limit stipulated in this Article are converted into money Vietnam according to the exchange rate at the time of payment.
9. the total area of full capacity (GT) of a ship is determined according to the International Convention on the measurement of ship capacity in 1969.
Article 223. The compensation guarantee fund 1. Who is entitled to limit liability under the provisions of this law may establish the compensation Guarantee Fund to address the complaint that his sea is entitled to limitation of liability. The Fund guarantees compensation was set with the value of the account specified in article 222 of this Act plus interest since the date of the incident leads to a maritime claim to compensation guaranteed funds.
2. The Fund guarantee just compensation to settle for those maritime claims according to the ratio between a maritime claim was established in comparison to the total value of the guaranteed Compensation Fund.
3. guaranteed Compensation Fund was created by the shipowner or the deposit in the form of financial guarantee are court case approved.
4. after the guaranteed Compensation Fund was established, nobody has the right to violate the rights or property of the person in charge of compensation. The Court has the right to order the freeing of assets has been kept of who has responsibility for compensation or to terminate the same assurance that the person in charge of compensation provided.

5. The case before the compensation Guarantee Fund is allocated and who is responsible for compensation or others are entitled to limit liability under the provisions of this law have made tackling maritime claims in the scope of the guaranteed Compensation Fund to pay those who are entitled to all benefits from the Guarantee Fund for the compensation of a maritime claim resolved, to the extent of the amount paid under subrogation.
6. The establishment of the Guarantee Fund of compensation does not mean that the shipowner has admitted any responsibility for themselves.
CHAPTER XVI MARITIME INSURANCE CONTRACT section 1 GENERAL PROVISIONS Article 224. The maritime insurance contract 1. The contract of marine insurance is a contract of maritime risks insurance, whereby the commitment insurance compensation for insured losses in marine liability insurance in the manner and conditions agreed in the contract.
Marine risks are the risks occur regarding the journey by sea, including the risks of the sea, fire, explosion, war, piracy, theft, levy, arrest, detention, throwing items overboard, requisitioning, commandeering, features the purchase of illegal acts, and the same risks or other risks are agreed in the insurance contract.
2. the maritime insurance contract can be extended according to the specific conditions or under commercial practices to protect the rights of the insured against the loss occurs on the inland waterways, road or rail in the same journey by sea.
3. the maritime insurance contract must be committed to writing.
Article 225. Subjects covered in marine insurance, maritime objects can be of any material benefit related to the marine activity that can scale out money, including ships, ships are closed, goods, goods shipping rates, wages, rents passenger ship rent, buy ships, estimated interest of goods, the Commission, the cost of the overall losses, civil liability and the funds are secured by ships, goods or charge.
Article 226. Determine the benefits that can be covered 1. People have the right to benefit may be covered is the person who has an interest in the subjects covered in a sea journey.
2. People have the right to benefit in a sea journey when there is proven evidence relevant to this journey or any object can risk insurance in the journey that the consequence is that the person is obtained when the subject of insurance profits to safe harbor or not profit when the object of insurance losses , damage suffered or liability incurred.
3. The insured person must have rights in the subjects covered at the time of loss, and may have no interest in the subjects covered at the time of the insured. When the object of insurance is covered under the condition that loss or no loss, the insured person can still be compensated even though after a loss occurs and new benefits, unless the insured person knew the losses occurred, did not know that the insurance people.
The case the insured has no interest in the subjects covered at the time of loss, then can't get that right by any action or choice after the insured person knew the losses occurred.
4. where the buyer has purchased insurance for the goods shall have insurance though may have refused to accept the order or has handled such goods as for the goods in the seller's risk due to slow delivery or because of other reasons.
Article 227. Reinsurance 1. The insurance can reinsurance insurance object that has received coverage for others.
2. independent reinsurance contracts with original insurance contract, the insured person must bear original liability for the insured.
Article 228. Insurance, insurance certificate 1. At the request of the insured person, the insured person is obliged to grant the application for insurance or certificate of insurance for the insured. Insurance, insurance certificate is evidence of the delivery of the contract of marine insurance.
2. Insurance may be granted according to the following form: a) is the single trip insurance coverage level for the insurance object from one location to one or more other locations;
b) insurance is term insurance issued to the insured object in a given time;
c) insurance is the valuation of insurance in which the insured person agree in advance the value of the object of insurance in the insurance application, in accordance with the value of the insured and is used when resolving the entire loss compensation or indemnity loss.
The determination of the loss of the entire estimates are based on the values recorded in the contract and the provisions of paragraph 1 to article 254 of this Act, unless the insurance have agreed otherwise;
d) insurance coverage is not not write the value of the object of insurance, but the insurance amount must specify in the application for insurance.
3. Insurance must have the following basic content: a) the name of the insured person or representative of the insured person;
b) subjects covered;
c) insurance conditions;
d) period of insurance;
DD) amount of insurance;
e) place, date, and time, single level;
g) signature verification of the insurance.
4. The form and content of the insurance is to apply for a certificate of insurance.
Article 229. Obligations of the insured person 1. The insured person is obliged to provide for the insurance people know all the information that you know or should know concerning insurance contracts may affect the determination of the possibility of risk or the decision of the insurance on the insured and the insurance conditions except for information that you know or who have insurance know or should know.
2. Obligations of the insured person stipulated in paragraph 1 of this article are applied to the representative of the insured.
Article 230. Naturally terminate effective maritime insurance contract of marine insurance of course end the effect, if at the time of concluding the contract, the insured risk has occurred or is not likely to happen in practice; in this case, the insured is not compensation but still has the right to charge a fee under a contract of insurance, except before delivery of the insured person, knew about that event.
Article 231. The right to terminate the insurance contract 1. The case of the insured person intentionally violates the obligation prescribed in article 229 of the code of the person insured has the right to terminate the contract. The case the insured had no fault in the incorrect declarations or not declared under the provisions of article 229 of this law then the person insured has no right to terminate the contract, but has the right to collect more in premiums at reasonable rates.
2. Before the start of insurance liability, the insured may request the termination of the contract of marine insurance, but have to pay for the administrative costs of insurance and the insurance people must repay the premiums for the insured.
3. the Insured Person and the insured person was not terminated the contract after the liability insurance has begun, unless agreed otherwise in the contract.

In the case of the contract the contract may be terminated after the liability insurance begins and the insured requests termination of the contract, the insured person has the right to charge a fee from the date liability insurance begins until the termination of the contract and the refund is calculated proportionally to the remaining time. The case of the insurance required to terminate the contract, the premium of the remainder was returned to the insured from the date of the request to terminate the contract.
4. The provisions in paragraph 2 of this Article do not apply in case the insured requests termination of the contract of insurance of the goods and the contract for the vessels voyage insurance after liability insurance started.
Category 2 INSURED VALUE and AMOUNT of INSURANCE Article 232. The value of insurance the insurance value is the actual value of the object of insurance and are defined as follows: 1. the insurance value of the ship is the total value of the vessel at the time of start of insurance. This value includes the value of machinery, equipment, spare parts of the ship plus the entire premium. The value of the ship can also include the salaries to the boat and the cost of preparing the trip was agreed upon in the contract;
2. the insured value of the goods is worth the invoice goods in place of loading or market price at the place and time of loading plus the premiums, charge and possibly estimated interest;
3. The value of insurance charge is the total amount of shipping charges plus the premium. Case of the transportation insurance for the rental charge, the charge is included in the value of insurance of the goods;
4. the insurance value of the object of insurance, except for civil liability, is the value of the subjects covered in the place and time of the start of insurance premium plus.
Article 233. Amount of insurance 1. When concluding the insurance contract, the insured person must declare the amount of insurance required for the object of insurance (hereinafter called insurance amount).
2. in case the insured amount stated in the insurance contract the insurance value, the lower the insurance liable for compensation of losses according to the ratio between the amount of insurance and the insurance value, including all other costs in the coverage.
3. in case the insured amount stated in the insurance contract the insurance value larger then the amount exceeds the insured value not recognized.
Article 234. Duplicate insurance 1. The case of two or more insurance by the insured person, the representative of the insured committed on the same subjects covered and the same maritime risk that the total amount of insurance exceeds the value of insurance, the insured person is considered to have excess insurance coverage value by infection.
2. In the case of duplicate insurance provided for in paragraph 1 of this article, all those responsible for insurance compensation in the range of values of insurance and each person only responsible to correspond with the amount of coverage he has received coverage.
Section 3 TRANSFER of RIGHTS UNDER a CONTRACT of MARINE INSURANCE Article 235. Single marine insurance assignment 1. Single marine insurance can be transferable, except in the case of insurance have agreement on prohibition of assignment. Insurance can transfer before or after a loss occurs with the subjects covered.
2. People who have no interest in the subjects covered are not transferable insurance.
Article 236. How transferable insurance Single maritime marine insurance can transfer by the insured on the single supplement or sign according to commercial practices.
ITEM 4 INSURANCE COVER Article 237. Coverage 1. Coverage is the type of insurance package, to be applied to the object of insurance is a type of goods, or some of the goods for which the insured person mailed or received within a given time limit.
2. The contractual insurance coverage is obliged to grant the application for insurance or insurance certificate for each shipment or for each unit of the goods at the request of the insured person.
Article 238. Perform the insurance contract covers 1. The insured in the contract of insurance cover is obliged to immediately notify the insurance man said after receiving the information related to the shipping or receiving order and every time have to announce the name of the ship, the cruise line, the goods and the amount of insurance, including insurance people get the message then you probably found has been sent or has to pay the row.
2. in case the insured person intentionally or due to sloppy that do not fulfill the obligation stipulated in paragraph 1 of this article, the person insured has the right to terminate the contract of insurance cover and still enjoy the same premium as in case the contract is made.
Article 239. Termination of contract of insurance covering the parties have the right to request termination of the contract of insurance cover with the condition must notify each other before ninety days.
ITEM 5 IMPLEMENTATION of MARITIME INSURANCE CONTRACT Article 240. Filing premiums for the insured person is obliged to submit the premium for the insurance, immediately after the signing of the contract or immediately after issuing insurance, insurance certificate, unless the parties have agreed otherwise.
Article 241. Notice the increased risk 1. After the contract of insurance is that there is any change in the insured risk increases the level of risk, the insured is responsible for notifying people about insurance change that as soon as they know.
2. in case the insured person violated the provisions in clause 1 of this article, the insured has the right to refuse to compensate a part or the full amount of insurance.
Article 242. Obligations of the insured in the event of a loss of 1. The event of the loss related to the maritime risks were insurance, the insured has the obligation to conduct any measures necessary to prevent, limit losses and guarantee for the realization of the right to complaint of people with insurance who have error caused the losses. When implementing this obligation, the insured person must follow reasonable instructions of the person insured.
2. the Insured Person is not liable for the loss caused by the insured person too sloppy or deliberately does not fulfill the obligation stipulated in paragraph 1 of this article.
Article 243. The liability of the insurance reimbursement insurance People are responsible to reimburse the insured person all reasonable and necessary expenses due to the insured used for preventing, limiting losses in liability insurance; the cost to implement the instructions of the person insured specified in article 242 of this Act or the cost of determining the cause, the level of losses in the scope of the liability of the insurance and costs contributed to the losses. These costs must be reimbursed according to the ratio between the amount of insurance and the insurance value.
Article 244. The liability for compensation of losses of the insured person 1. The insured is responsible for compensation for the losses was the direct consequence of risks are covered to the extent of the sum insured and the reimbursement of the costs specified in article 243 of this code, although the total amount is charged to the insured person may exceed the sum insured.

2. the Insured Person is not liable for the damage happened due to deliberate action or too negligent of the insured, but must still be responsible for the compensation of losses arising from negligence or mistakes of the captain who is also covered in the control ship management, and the loss of the boat's fault, the maritime navigation.
3. hull insurance contract can be extended to additional compensation of losses related to the liability in collisions, then in addition to the liability for compensation of losses of subjects covered, the coverage also has responsibility to compensate the losses of third persons, if the insured person must take responsibility for the losses caused by collisions Although the total amount of compensation can exceed the sum insured.
4. Case of maritime mishaps in the coverage of the insurance contract, the insured person can claim the full amount of insurance to be free of any other liability under the conditions agreed in the contract. In this case, the insured must notify its intention to the insured person within seven days from the date of notification of the insured on the maritime risk has occurred and its consequences; the insurance people are not claiming ownership of the object of insurance, if the full amount of insurance is lower than the insurance value.
In addition to compensation for the entire amount of insurance, the insured person must reimburse the costs for the purpose of preventing, limiting losses or to repair, restore the object of insurance which the insured person has to spend before the notice of the person insured.
Article 245. Compensation for the losses that occur next to each other 1. The insurance must be responsible for the losses that occur next to each other, although the total value of losses can exceed the amount of insurance, unless agreed otherwise in the contract, 2. The case of the object of insurance losses of parts that still have not been repaired or compensation and then again the entire loss the insured shall only be the entire loss compensation.
3. The provisions of paragraph 1 and paragraph 2 of this Article do not exclude the liability of the insured with regard to the reimbursement of costs related to the implementation of the liability provisions of article 244 of the code.
Article 246. Exemption from liability for the insured person 1. Unless otherwise agreed in the insurance contract, when the ship and insurance charge, the insurance is not responsible for the losses incurred in the following cases: a) the ship is not safe enough to go to the sea at the start of the trip, unless the vessel has a hidden disability Bhikkhu or situations happen when the inevitable wear Although the insured person had proper attention;
b) picking up ships the substance or explosive materials, inflammable or dangerous goods other than in accordance with these regulations on the carriage of the goods, if the insured person knew but didn't know the insurance people.
2. unless otherwise agreed in the insurance contract, when the insurance of goods, the insured is not responsible for the losses incurred in the following cases: a) the nature of the goods;
b) goods leak, natural wear or shrinkage;
c) not properly packaged or inappropriate;
d) delay in supplying the goods.
3. unless otherwise agreed in the insurance contract, the insured person is not liable for the losses of the insurance object occurs due to war or military operations of any nature and its consequences; sexual won; disruptive; strike or the damage caused by the Act levied, requisitioning, purchase referendum, capture, destroy ships or goods under military orders or decisions of competent State agencies.
SECTION 6 TRANSFER of COMPENSATION Article 247. The transfer of compensation when it had paid compensation to the insured person, the insured person is entitled to access the claims people have error caused losses (hereinafter called the third person) within the amount paid. The implementation of this right according to insurance regulation for the insured.
Article 248. Obligations of the insured in the demanding third persons 1. The insured person is obliged to provide for the coverage of all news, documents, evidence and must adopt the necessary measures so that people can make the right coverage visit claiming third.
2. in case the insured person does not perform the obligations specified in paragraph 1 of this article or contains an error make access insurance's claims could not be done, then the insurance is exempt from paying full compensation or be reduced to reasonable levels.
3. in case the insured person has to pay compensation for the losses caused by third parties pay the insured is obliged to pay only part of the difference between the amount of compensation under the insurance contract and the amount that the insured person has received from third persons.
Article 249. Guarantee the general loss of contribution 1. The insurance must sign a guarantee general loss contribution to the extent of the sum insured on the basis of commitment to contribute the losses of the insured person, unless otherwise agreed in the insurance contract.
2. When allocating the overall loss, the insured has the obligation to care the interests of the insured person.
Section 7 WAIVER of INSURANCE OBJECT Article 250. The right to waive the insurance object 1. The insured person has the right to waive the insurance object and passed to the coverage of his rights and obligations related to the subjects covered to receive compensation for the loss of the whole, if the subjects covered were whole loss is inevitable or preventing the loss that caused the cost too high compared to the value of the insured object.
2. The right to waive the insurance object can be applied in case the ship was sunken, sexual, accidental damage that cannot be repaired or repair costs, recovery, ransom of the ship is not economically effective.
3. The right to waive the insurance object specified in paragraph 2 of this Article are also applicable to goods, including the case of repair costs, shipping the goods to the port of return is too high in comparison with the market price of such goods at the port of return.
Article 251. The way and the time limit for implementation of the right to waive the insurance object 1. The implementation of the right to waive the insurance object must be declared in writing stating the applicable base the right to waive the insurance object.
2. Declares to waive the insurance object shall be sent to the insured person within reasonable, but don't be too one hundred eighty days from the date the insured knew about the events as a basis to apply the right to renounce or within a period of sixty days from the end of the period of insurance in case the ship or goods being usurp or were take possession because the other causes; After the time limit specified in this clause, the insured person lost the right to waive the insurance object, but still has the right to compensation for the loss.
3. The waiver of insurance object is not attached to any condition; If the abandonment were to accept the insurance and the insured person was not entitled to change his decision.
Article 252. Obligations of the insured person when claims from the insurance object removal

When the statement from removing objects of insurance, the insured has the obligation to provide insurance for the person the information relating to property rights for objects of insurance, the insurance clause and other restrictions that the insured knew.
Article 253. The deadline to accept or reject the waiver of insurance object is insured person 1. Within a period of thirty days from the date of the statement from dropped objects of insurance, the insured person is obliged to inform in writing to the insured person known to accept or reject the waiver; After this period, the insured loss of right to refuse.
2. Rights and obligations related to the subjects covered were transferred to the coverage immediately after the notice of acceptance insurance the waiver; the insurance can not claim this right.
3. where the declared to waive the insurance object is done properly the provisions that the insured does not accept the abandonment of the insured still has the right to compensation.
Article 254. Compensation for the loss of the entire 1. The entire loss estimates is due to the loss of the ship, damaged goods that deems the inevitable loss of the whole or the cost of repair, recovery exceeds the value of the ship after repair or in excess of the market price of such goods at the port of return; in this case, the insured must send the Declaration to abandon the object of insurance to the person required to pay before the insurance coverage.
2. The loss of the entire reality is due to the loss of the ship, the goods were destroyed, damaged the whole that does not recover or missing ship the same goods; in this case, the insured person can claim the insurance compensation for the full amount of insurance which is not declared to waive the insurance object.
3. in case the ship lost at sea ship is insured, the insurance period are only responsible for compensation if the last message was received on the ship before the end of insurance period. The insured person is not liable to indemnify if the proof is missing after the sea-ship insurance period ends.
Article 255. The insurance refund cases who have insurance pay compensation that then ships back to escape the risk of maritime insurance people have the right to request the insured person continues to own the ship there and was reimbursed for compensation after deducting the money compensation for loss of the ship with the loss of that condition is the consequences of maritime risks covered.
Section 8 COMPENSATION Article 256. Responsible for compensation when the payment of compensation for the loss of the object of insurance, the insured has the right to request the insured person presentation on relevant facts, present the documents and the evidence needed for the assessment of facts and the extent of the losses.
Article 257. Time related to the maritime insurance contract time related to the contract of marine insurance is two years from the date of arising disputes.
CHAPTER XVII the MARITIME DISPUTE RESOLUTION Article 258. Marine disputes the maritime disputes are disputes relating to maritime activities.
Article 259. The rule in maritime dispute resolution 1. The parties concerned can resolve the maritime dispute by negotiation, agreement or sue in arbitration or Court of competent jurisdiction.
2. maritime disputes are arbitration or the courts resolve according to the authority, the procedure prescribed by law.
Article 260. The maritime dispute resolution has at least one party is a foreign individual, organization 1. The case of the contract at least one party is a foreign individual, organization, the parties to the contract may agree to put off solving disputes in arbitration or the courts in foreign countries.
2. where the parties involved in the maritime disputes were held, foreign individuals and have agreed in writing to resolve disputes by arbitration, the arbitration Vietnam Vietnam has the right tackle for the maritime disputes that, even where a dispute occurs outside the territory of Vietnam.
3. maritime disputes stipulated in paragraph 2 of this Article may also be resolved in the courts of Vietnam if the base set, change, terminate the relationship between the parties related to the maritime disputes under the law of Vietnam or the assets related to that relationship in Vietnam.
CHAPTER XVIII the TERMS OF IMPLEMENTATION of Article 261. Effect 1. This Act has effect from January 1, 2006.
2. this Act replaces The Vietnam maritime law in 1990.
This law was the National Assembly of the Socialist Republic of Vietnam, the POKER session key 7 through June 14, 2005.