GOVERNMENT DECREE on the handling of assets sank in the sea of GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
The Vietnam maritime law based on June 30, 1990;
Based on the Civil Code of 28 October 1995;
Considering the recommendation of the Minister of transport, the DECREE: chapter I GENERAL PROVISIONS article 1.
1. This Decree specifies the processing assets sank in the sea.
2. The disposal of assets sank in the sea are made according to the provisions of this Decree, the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam signed or joined. In the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise shall apply the provisions of international treaties.
Article 2. Properties sank in the Sea comes in this Decree includes the type of vessel, cargo or other objects, regardless of the source, the value, features, forms of ownership and time being immerse in internal waters, territorial sea, contiguous, floating on the sea or on the coast of Vietnam.
Article 3.
1. sunken property owners are obliged to salvage sunken assets. In the case of sunken property owners do not make salvage salvage or not timely request, the competent State agencies provided for in article 4 of this Decree the decision to salvage the property.
2. immerse property owners assume all costs related to salvage property. In the case of sunken ship is property owned by the Vietnam ship owner mentioned in clause 1, article 177 The Vietnam maritime law, the property owner is only responsible for the payment of the costs related to salvage the property within the property's actual value has been salvaged. The rest are paid from marine insurance.
3. People Management, exploitation of sunken property jointly are responsible before the competent State bodies in the salvage sunken property and must pay all costs related to salvage property.
4. in case of sunken property, pollute the environment, the property owner must compensate damage caused by environmental pollution caused by the provisions of the law.
Article 4.
1. Minister of transport is responsible, in coordination with the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) and the ministries concerned to hold the handle property is the ship sank and the other sunken property, endanger or hamper maritime activities exploitation of sea resources and ports, and threatening people's health, pollute the environment.
2. provincial people's Committee responsible, in coordination with the Ministry of transport and the Ministry of industry, local and relevant to the organization handling the other sunken property types, are not defined in paragraph 1 of this Article.
3. what salvage assets are related to national security or are valuable for the preservation of ethnic cultures, the history of the country must notify the Ministry concerned knew before processing.
Article 5. Every organization or individual has the property of being immerse in or related to the discovery, salvage, conservation, solving the property sank in the sea to make their rights and obligations under the provisions of this Decree and other relevant provisions of the law of Vietnam. If there are merits will be rewarded, if the violation will be handled in accordance with the law.
 
CHAPTER II IDENTIFIES the OWNER of the PROPERTY SANK in the SEA of article 6.
1. Depending on the type of sunken property specified in clause 1 and 2 article 4 of this Decree, the owner or the Manager, mining assets, who discovered or random people salvaged sunken property must immediately notify the nearest maritime Port or communal people's Committee Ward, (hereinafter referred to as the people's Social Committee) the closest place to know.
Maritime Port Director or President of the people's Social Committee after receiving the notice to proceed with the necessary measures to protect, manage assets sank from that and report the Vietnam Maritime Bureau or district people's Committee, district, town, city in the province (hereinafter referred to as the people's committees at district level) reporting to the Ministry of transport or The provincial people's Committee.
2. In the case of property being steeped in the military area, the owner or the Manager, mining property or who discovered or random people salvaged sunken assets in military areas also reported as specified in paragraph 1 of this Article. The Agency received notice that in addition to performing its tasks also must inform the military authorities stationed near you.
Article 7.
1. within 7 (seven) days from the date of the report, Vietnam Maritime Bureau or provincial people's committees to determine the owner of the sunken assets are discovered.
a) case papers (document) write the name and address of the owner of the sunken property, then the Vietnam Maritime Bureau or provincial people's committees shall inform the owner of the property under that address.
b) case of sunken property in the sea that have not yet identified the owner of the property, the Vietnam Maritime Bureau or the provincial people's Committee announced three times in a row on the Central newspaper or local newspaper.
2. Within a period of 60 (sixty) days from the date of the last announcement, the sunken property owners or the legal representative of the owner under the provisions of the law of Vietnam must contact the Agency notification to receive back your property.
So the time limit stated above, property shall be resolved in accordance with the provisions of article 17, article 18 and article 19 of this Decree.
Article 8. Notice the search property owners sank must have the following principal contents: 1. Description characteristics, features of sunken property;
2. The time, place and circumstances are discovered or salvaged sunken assets;
3. The time limit and the address to which the owner or the person authorized to owners to get back the property;
4. The address of the Agency notice to property owner contact promptly.
Article 9. The cost for property owners to immerse on costs related to salvage sunken assets.
 
CHAPTER III SALVAGED SUNKEN PROPERTY in the SEA article 10. The responsibility of the Director of maritime Vietnam related to salvage sunken property in the sea: 1. Submission to the Minister of transport decided to accept the scheduled term ends salvage operations the property sank in the sea of clause 2, article 175 of the Vietnam maritime law.
2. the plans the Minister of transport decided to organise salvage of sunken property in the sea stipulated in clause 3, article 175, paragraph 1 and paragraph 2, article 177 of the Vietnam maritime law.
3. Organize salvage sunken sea property specified in clause 1, article 4 of this Decree, as authorized by the Minister of transport.
Article 11. Chairman of the provincial people's Committee has the task of deciding the term organizational and salvage sunken property not belonging to the sunken property type specified in clause 1 of article 4 of this Decree.
Article 12.
1. The Minister of defence or military agency heads are authorized Defense Minister licensed salvage property steeped in military areas and military equipment for salvage.

2. In the case of military equipment being immerse in addition to military area but dangerous or hinder marine operations, port and marine resources exploitation, and threatening people's health, pollute the marine environment, the licensing of salvage and salvage organization assets sank from the provisions in paragraph 1 of this article must be made within the time limit by the Minister of transport regulations.
Article 13. In the case of the organizations and individuals Vietnam cannot make salvage sunken property in the sea, then the Minister of transport decided to allow organizations and individuals to cooperate with foreign made under current law.
 
CHAPTER IV MAINTENANCE and PROPERTY SETTLEMENT SANK in the SEA of article 14. The Organization, individuals randomly salvaged sunken property have been responsible for the preservation of the property until the return to the competent authority as defined in article 6 of this Decree. The delivery of the property must be recorded in writing in accordance with article 15 of this Decree.
Maritime ports or the people's Committee of social responsibility specify who, the Agency has the authority to receive and preserve that asset.
Article 15.
1. Text delivery assets sank in the sea must have the following major contents: a) the name and address of the Organization, the individual asset delivery sank;
b) name and address of the Organization, individuals receive the property sank;
c) the time, place and circumstances related to the detection or salvaged sunken property;
d) describes the characteristics, features and essential information about the sunken assets.
2. Text delivery assets sank from must be competent representatives of the party and the receiving party to sign. Maritime ports or the Committee responsible township-level people's submitted writing asset delivery sank to Vietnam Maritime Bureau or district-level people's committees concerned.
3. Text delivery assets sank from must be made in 3 copies: each side hold a Vietnam Maritime Bureau sent and or district-level people's committees 1.
Article 16. In the case of sunken property is military equipment, then immediately after you complete the procedures of receiving, the port service or social people's Committee to transfer the property to the local military authorities and resolved in accordance with the law.
Article 17.
1. The property was merchandise exports, imports were floating on the sea or on the coast drift, then the port service or social people's Committee after receiving the property must report to the nearest customs body to coordinate the settlement under the provisions of customs legislation.
2. Assets sank from being discovered or salvage is antiques, historic-cultural relics, the Vietnam Maritime Bureau or district-level people's committees shall report the Department of transportation or the provincial people's Committee and the Ministry of culture and information, to solve under the provisions of the law.
3. the sunken ship's property or assets are not antiques, historic-cultural relics but has great value, then the Minister of transport or the provincial people's Committee in collaboration with the relevant authorities to resolve the property according to the current legislation and reports the Prime results.
Article 18.
1. When the property owner does not pay the related costs according to the prescribed time limit was announced, then the Vietnam Maritime Bureau Chief or provincial people's Committee has the right to decide to auction the property in accordance with the law. After payment of the costs of salvage, property preservation, organized the auction and other reasonable costs involved, the remaining amount (if longer) be moved into temporary accounts deposited at the Bank of Vietnam and inform the owner of the property is known. After 180 (one hundred eighty) days from the date of the notice, if the property owner does not receive the remaining amount, then the same amount of interest incurred will be filed to the State budget.
2. If the auction amount currency is not sufficiently cover the expenses mentioned in paragraph 1 of this Article, the property owner is obliged to pay the balance. Vietnam Maritime Bureau or the provincial people's Committee to notify property owners know and proceed to the procedure prescribed by law if the property owner does not make his payment obligations.
3. Cases not identified the owner of the sunken property specified in clause 1 article 4 of this Decree, the amount of auction salvage assets are not enough to offset the expenses specified in clause 1 of this article, shall be permitted to use the revenue from the maritime insurance to offset the cost of that deficiency.
Article 19. In the case of sunken property owners do not receive the requested property or not identified the owner as defined in article 7 and article 8 of this Decree, the property owned by the State of Vietnam.
 
Chapter V PROVISIONS Enacted 20. This Decree takes effect after 15 days from the date issued. The previous provisions contrary to this Decree are repealed.
Article 21. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, central cities and the Maritime Bureau Director is responsible for the implementation of this Decree.