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Decree 49/2006/nd-Cp: About Registering And Buying, Selling The Ship To Sea

Original Language Title: Nghị định 49/2006/NĐ-CP: Về đăng ký và mua, bán tầu biển

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The DECREE on the registration and purchase cruise sale _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
The Vietnam maritime law base on June 14, 2005;
Considering the recommendation of the Minister of transport.
The DECREE chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates registration and purchase, sale of the ship.
2. The purchase and sale of the ship, not to apply the provisions of this decree with regard to the following cases: a) the ship buy, sell in the country;
b ship by the Vietnam business) new in the water;
c) foreign ship was auctioned in Vietnam according compulsive decision of authorized State agencies.
3. The provisions of this Decree shall also apply with respect to the registration and purchase, sale of public service vessels.
Article 2. The object of this Decree apply apply to organizations, individuals and organizations, Vietnam foreign individuals related to registration and purchase, sale of the ship.
Chapter II REGISTRATION of SHIP Items 1 SHIP REGISTRY VIETNAM article 3. Ship registry Vietnam Vietnam ships register including ship registries and national ship registry area.
1. The registry of the ship of State is the Vietnam Maritime Bureau.
2. Vietnam Maritime Bureau Director decided to ship registry area is the Maritime Bureau or maritime Ports.
Article 4. The Mission of the ship registry of countries 1. Instructions, check the Vietnam ship registration activities in the ship registry area.
2. General, statistics, maintain, update the database related to registration activities and registration of ship mortgages; provide related information for organizations and individuals interested.
3. System for managing the printer, release the certificate of registration and the registration of ship mortgages.
4. International cooperation on registration of the ship.
5. Perform other duties as specified.
Article 5. The Mission of the ship registry area 1. Make the registration and registration of ship mortgages under the scope of, the authority.
2. Establish and manage national ship registry in Vietnam were delivered; provide related information for organizations and individuals interested.
3. Currency lodging and usage, registration fees and the registration of ship mortgages under the rules.
4. Statistics, reports, updated the database related to registration activities and registration of ship mortgages.
5. Perform other duties as specified.
Category 2 VIETNAMESE SHIP REGISTRATION article 6. The Vietnam ship registration form 1. Ship registration include non-registration deadlines, registration deadlines, registration and registry changes.
a time limit is not) registration the registration of a ship is eligible to be issued a certificate of registration of the ship Vietnam;
b) registration term is the registration of the ship in a certain time limit; registration deadlines apply to foreign ships held, personal contract hire, boat hire Vietnam Tran or hire purchase or a foreign registered ships have limited time in Vietnam;
c) is registration the registration of a ship which was previously a ship that was registered in the registry of the national Vietnam ship but then suspended registration;
d) registration changes is the registration of a ship registered on the registry of national Vietnam ships but there is a change in the name of the ship or shipowner, structural and technical parameters of ship registry, the region, the Organization of ship register.
2. register the ship temporarily as ship registration in the following cases: a) has not yet filed the prescribed fees;
b) does not yet have a certificate of deletion of ship registration but had pledged in the agreement to buy, sale of a ship is the seller shall delete the registration certificate delivered the ship to the buyer within 30 days from the date of signing the minutes of delivery. In this case, the temporary registration certificate Vietnam ship only takes effect from the date of the two parties buy, sell sign delivery;
c) Try the new trains or trains new to put on the place of registration on the basis of shipbuilding contracts;
d) special case by the Minister of transport regulations.
The temporary registration certificate Vietnam ship specified in this paragraph are worth 180 days from the date of issue; due to unforeseen circumstances the Minister of transport decided.
Article 7. Temporary license bearing the flag of Vietnam nationality case held, personal Vietnam buy foreign ships as defined in clause 2 article 6 of this Decree, which has not registered the ship temporarily in Vietnam, the diplomatic missions or consular agency of Vietnam abroad temporary license bearing the flag of Vietnam nationality to vessels on the water.
Article 8. The age limit for the first registration of a ship in Vietnam 1. The case was first registered in Vietnam, the ship used to train computer age from five ships under the provisions of the following: a) ship not exceeding 10 years;
b other ship types) not exceeding 15 years.
A special case by the Minister of transport decided to, but not exceeding 5 years for each type of vessel specified in point a and b of this paragraph.
2. foreign ship was auctioned in Vietnam according compulsive decision the competent authorities shall not apply the age of shipping as specified in paragraph 1 of this article.
Article 9. Name of the ship and the port of registration 1. The name of the ship because the ship owners put but not be identical to the name of the ship was registered in the registry of the ship country Vietnam.
2. where the name historical figures or events of Vietnam history to name the ship, must be a ship registry areas approved under regulations.
3. Select the port name registered ship Owner for his ship under the name of a sea port in the area of management of ship registration area.
Article 10. Ship registration records 1. Ship registration records indefinitely because ship owners filed for ship registry area consists of the following documents: a declaration of ship registration) according to annex I;
b) certificate of deletion of ship registration or the minutes of trials for the delivery of the new trains;
c) contract to transfer ownership of the ship or vessel closed contract or other evidence of legal value equivalent to the other;
d) certificate of vessel capacity;
DD) copy of the invoice, filed charges and fees;
e) copy the certificate hierarchy vessel;
g) a copy of the business registration certificate or a copy of the license to establish a branch or representative office in Vietnam.
2. registration of the ship has a time limit for the submission by the profile owner ship registration area includes the following papers: a) the prescribed documents at points a, d, e, g, paragraph 1 of this article;
b) certificate of registration suspended;
c) a copy of the lease purchase or rent a boat.
3. Registration dossiers submitted to the Agency by the ship owners register ships area include the papers specified at points a, d, e, g and paragraph 1 point b paragraph 1 or paragraph 2 of this point b.
4. register a change) change the name of the ship: the ship owner records filed with the registry of the ship including areas of text stating the reason to change the name of the ship.
b) shipowner: change the profile by the ship owners filed for ship registry area include the papers specified in point a, c, e, g, paragraph 1 of this article.
c) structural changes and specifications: a profile by the ship owners filed for ship registry area includes text stating the reason to change the texture and ship specifications attached to the certificate of technical safety are related to structural changes and the specifications of the ship held the check post.
d) change of ship registry location: profile by ship owners filed for ship registry area includes text stating the reason for the transfer of ship registration area.
DD) organization change of ship register:

The records submitted to the Agency by the ship owners register ships area includes text stating the reason for moving the Organization of ship register and the documents specified in point d, e, paragraph 1 of this Article.
Article 11. Ship registration records transitory and temporary licensing records bearing the flag of Vietnam nationality 1. Ship registration temporarily a) cases have yet to file charges, fees: profile by ship owners filed for ship registry area include the papers specified in point a, b, c, d, e, g, paragraph 1 article 10 of this Decree.
b) cases have yet to file charges, fees and no certificate of deletion of ship registration: profile by ship owners filed for ship registry area include the papers specified in point a, c, d, e, g, paragraph 1 article 10 of this Decree.
c) where new or get close to ship tried to ship new to put on the place of registration on the basis of shipbuilding contracts: profile by ship owners filed for ship registry area include the papers specified in point a, c, d, e, g, paragraph 1 article 10 of this Decree. The case got new trains to take on where to sign more papers specified in point b of paragraph 1 article 10 of this Decree.
2. temporary license bearing the flag of Vietnam nationality: ship owners must comply with the provisions in paragraph 1 of this article.
Article 12. Ship registration records are closed the ship owners to pay for ship registry area of the following documents: 1. The papers specified in point a and point g, paragraph 1 article 10 of this Decree.
2. ship contract.
3. The paper confirmed the ship had put the lives of major shipbuilding facility.
Article 13. Ship registration records of small type 1. Small ships are motor-boats with a capacity of main machine under 75 kW, the ship had no engine but has a total capacity of under 50 GT or has under 100 tons or below designed water line length of 20 metres.
2. the registration records of the ship small ship owners to pay for ship registry area of the following papers: a) the prescribed documents at points a, b, c, e, g, paragraph 1 article 10 of this Decree;
b) Window check the technical safety of the ship.
Article 14. Profile delete or suspend registration of seagoing ship owners to pay for ship registry area of the following papers: 1. A suspension or deletion of the registration of the ship under annex II.
2. The certificate of registration of the ship Vietnam; cases no longer have to specify the reason.
3. the approval Certificate to the recipient's registration of ship mortgages that prescribed in clause 2 article 20 The Vietnam maritime law.
Article 15. Certificate of registration of the ship 1. Ship registry-level area the following certificates: a) the certificate of registration of the ship Vietnam according to annex III;
b) certificate suspension or deletion of ship registration Vietnam according to annex IV;
c) registration certificates had Vietnam vessels under annex V;
d) temporary registration certificates of the ship Vietnam according to annex VI;
DD) vessel registration certificate to Vietnam are played according to annex VII.
2. ship registry base area to store records reissued a certificate of registration of the ship under the old registration number Vietnam and clearly note "Refresh" for the case of lost or torn, damaged.
3. The registry is responsible for the area of ship certificate prescribed in clause 1 and clause 2 of this in the slowest time is 5 working days from the date of receipt of a valid application.
Section 3 REGISTRATION of SHIP MORTGAGES VIETNAM article 16. Where the registration of ship mortgages Vietnam Vietnam ship mortgage registered in the ship register area that ships that register.
Article 17. Registration of ship mortgage registered profile Vietnam ship mortgage Vietnam by ship owners or people get mortgages, filed for ship registry area consists of the following documents: 1. the registration Declaration of ship mortgage under annex VIII.
2. Contract of mortgage of the ship.
Article 18. Profile delete registration of ship mortgages Vietnam profile delete registration of ship mortgages Vietnam by ship owners or people get mortgages, filed for ship registry area consists of the following documents: 1. the clear declarations of ship mortgage registered under annex IX.
2. The certificate of registration of ship mortgages Vietnam under annex X. 3. The text agreed to remove the ship's mortgage the mortgage of the ship.
Article 19. Certificate of registration of ship mortgages Vietnam or the certificate of deletion of ship mortgage registered Vietnam ship registry areas are recorded in the national ship registry Vietnam registering mortgages or mortgage registration deleted immediately upon receipt of a valid application and within 3 working days to the certification of registration of mortgage Vietnam sea vessel or certificate of deletion of ship mortgage registered Vietnam under annex XI.
Item 4 REGISTERED SHIP CARRYING the FLAG of the FOREIGN NATIONALITY of the ORGANIZATION, the VIETNAM article 20 INDIVIDUALS. Register the ship bearing the flag of the foreign nationality of ship owned by the Organization, Vietnam registered individuals carrying the flags of foreign nationality in the following cases: 1. mining ship on the basis of the lease or lease purchase bare boat vessels was signed between the Organization personal Vietnam, and a party is held, foreign individuals.
2. The other case by the Minister of transport decided.
Chapter III BUY, SELL the SHIP article 21. Order and procedure of project and the authority decide to buy, sell, ship the order and procedure of project and the Authority decided to buy cruise sale made under the provisions of the law on investment.
Article 22. Form of sale, the sale of the ship the purchase, the sale of used ships from which the State made in the form of competitive offers.
Article 23. Ship import conditions 1. Ships imported for use should ensure the following conditions: a) is eligible to be registered as defined in Vietnam ship article 16 The Vietnam maritime law and the provisions of this Decree;
b) Posted check out Vietnam to check and confirm the technical status of the ship in accordance with the requirements for maritime safety and the prevention of pollution of the environment according to law regulations Vietnam and relevant international treaties; the case of the examination, determine the status of the ship's engineering due to the independent assessor to perform overseas posted check out Vietnam confirmed;
c) Has decided to purchase cruise sale of authority.
2. Ships to dismantling make sure the following conditions: a) No repairs, conversion or restoration to use on other purposes;
b) have demolition, explosive, fire prevention measures and the prevention of pollution of the environment is the competent authority for approval;
c) Has decided to purchase cruise sale of authority.
Article 24. Export-import procedures of ship bases decided to buy, sell, ship, ship, sell, purchase contract and shipping forwarder thereon, the customs authority is responsible for the procedures for export and import of the ship.
Chapter IV article 25 ENFORCEMENT TERMS. Effect 1. The Decree has effect after 15 days from the date The quote and cancel the Decree No. 91/CP dated 23 August 1997 the Government issuing the registration regulation of the ship and crew, Decree No. 31/2001/ND-CP dated 30 May 2001 of the Government on amendments , the addition of some articles of the Statute registered ships and crews attached to Decree No. 87/CP dated 23 August 1997 and Decree No. 99/1998/ND-CP on November 28, 1998 by the Government on the management of purchase, sale of the ship.
2. the attached annex 11 of this Decree.
3. The certificate, the licence related to registration and purchase, sale of the ship was granted to the ship under the Decree mentioned in paragraph 1 of this article is still worth using.
Article 26. Organizations make

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.