Circular 22/2025/TT-BXD on insurance certificates for civil liability under international conventions

CIRCULAR

Regulating the issuance and revocation of certificates of insurance or financial security for civil liability under the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

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Pursuant to the International Convention on Civil Liability for Oil Pollution Damage, 1992;

Pursuant to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Government's Decree No. 33/2025/ND-CP dated February 25, 2025 stipulating the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the request of the Director of the Department of Transport and Traffic Safety and the Director of the Vietnam Maritime and Waterway Administration,

The Minister of Construction promulgates the Circular on the issuance and revocation of certificates of insurance or financial security for civil liability under the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular regulates the issuance and revocation of certificates of insurance or financial security for civil liability in accordance with the provisions of the International Convention on Civil Liability for Oil Pollution Damage, 1992 (hereinafter referred to as the CLC Convention 1992) and the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (hereinafter referred to as the Bunker Convention 2001).

Article 2. Subjects of application

This Circular applies to Vietnamese and foreign organizations and individuals involved in the issuance and revocation of certificates of insurance or financial security for civil liability in accordance with the CLC Convention 1992 and the Bunker Convention 2001.

Chapter II

ISSUANCE AND REVOCATION OF CERTIFICATES OF INSURANCE ORFINANCIAL SECURITY FOR CIVIL LIABILITY FOR OIL POLLUTION DAMAGE IN ACCORDANCE WITH THE CLC CONVENTION 1992

Article 3. Certificate of insurance or financial security for civil liability for oil pollution damage in accordance with the CLC Convention 1992

1. A certificate of insurance or financial security in respect of civil liability for oil pollution damage (hereinafter referred to as the CLC 1992 Certificate as abbreviation) shall be issued by the register of ship (Vietnam Maritime and Waterways Administration or the branch of Department of Maritime and Waterways,  Port Authorities authorised by the Vietnam Maritime and Waterways Administration to perform the ship registration) to certify that the certificate of insurance for ships is valid, satisfying the requirements set out in Article VII of the CLC Convention 1992.

2. The validity period of the CLC 1992 Certificate corresponds to the duration specified in the insurance certificate issued for the ship, satisfying the requirements set out in Article VII of the CLC Convention 1992.

3. The CLC 1992 certificate shall be issued to the ship’s owner in 01 original copy and 01 duplicate copy retained by the register of ship.

Article 4. Eligible recipients for issuance of CLC 1992 Certificate

Vietnamese ships and foreign-flagged ships carrying more than 2000 tons of oil in bulk as cargo.

Article 5. Conditions for issuance of CLC 1992 Certificate

The ships specified in Article 4 of this Circular must hold insurance certificates satisfying the requirements set out in Article VII of the CLC Convention 1992.

Article 6. Procedures for issuance of CLC 1992 Certificate

1. The ship’s owner shall send 01 dossier of application for the CLC 1992 certificate directly or via the postal system or through the online public service system to the register of ship.

2. A dossier of application for a CLC 1992 certificate comprises:

a) The original or electronic form of the application of the ship’s owner, made according to Form No. 01 specified in the Appendix to this Circular;

b) The original or electronic copy issued from the master register book of the Certificate of Insurance satisfying the requirements set out in Article VII of the CLC Convention 1992;

In case the insurance includes reinsurance, the ship’s owner must also submit the original certificate issued by the relevant reinsurance organization;

In case the certificate issued by the reinsurance recipient, the insurance certificate satisfying the requirements set out in Article VII of the CLC Convention 1992 of the ship’s owner are provided in the form of electronic data, the ship’s owner must provide the official and lawful address of the issuing organization's website address for inspection;

c) A copy or electronic copy of the ship registration certificate in respect of registered foreign-flagged ships.

3. The register of ship shall receive the dossier and inspect the dossier for compliance with the CLC Convention 1992. In case the dossier is invalid, within 02 working days from the date of receipt of the dossier, the register of ship shall send a written request for completion of the dossier as prescribed. In case the dossier is valid, within 02 working days from the date of receipt of the complete dossier as prescribed, the register of ship shall issue the CLC 1992 certificate according to Form No. 02 specified in the Appendix to this Circular and deliver it directly or via the postal system or through the online public service system to the ship’s owner; in case of refusal, the register of ship shall reply in writing, clearly stating the reasons.

Article 7. Revocation of CLC 1992 Certificate

1. The issued CLC 1992 certificate shall be revoked in any of the following violations:

a) Forgery, alteration, erasure, or falsification of the contents of the CLC 1992 Certificate;

b) Sale, lease, or lending of CLC 1992 Certificates;

c) Intentional misrepresentation of information or the use of altered or forged papers in the dossier of application for the 1992 CLC Certificate.

2. The register of ship shall have the competence to revoke the 1992 CLC Certificate.

Article 8. Fees for the issuance of CLC 1992 Certificate

The fee for issuance of the CLC 1992 Certificate shall be implemented in accordance with the regulations of the Ministry of Finance and be paid at the register of ship or paid via the online public service system prior to receiving the CLC 1992 Certificate.

Chapter III

ISSUANCE AND REVOCATION OF CERTIFICATES OF INSURANCE OR FINANCIAL SECURITY FOR CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE IN ACCORDANCE WITH THE BUNKER CONVENTION 2001

Article 9. Certificate of insurance or financial security for civil liability for bunker oil pollution damage under the Bunker Convention 2001

1. A certificate of insurance or financial security for civil liability for bunker oil pollution damage (hereinafter referred to as the Bunker 2001 Certificate as abbreviation) shall be issued by the register of ship (Vietnam Maritime and Waterways Administration or the branch of Department of Maritime and Waterways,  Port Authorities authorised by the Vietnam Maritime and Waterways Administration to perform the ship registration) to certify that the certificate of insurance for ships is valid, satisfying the requirements in Article 7 of the Bunker Convention 2001.

2. The validity period of the Bunker 2001 Certificate corresponds to the duration specified in the insurance certificate issued for the ship, satisfying the requirements of Article 7 of the Bunker Convention 2001.

3. The Bunker 2001 Certificate shall be issued to the ship’s owner in 1 original copy and 01 duplicate copy retained by the register of ship.

Article 10. Eligible recipients for issuance of the Bunker 2001 Certificate

1. Vietnamese ships with a total tonnage of more than 1000 GT operating on international routes.

2. Vietnamese ships with a gross tonnage of more than 1000 GT operating on inland routes and foreign ships with a gross tonnage of more than 1000 GT shall be issued the Bunker Certificates 2001 upon the request of the ship’s owners.

Article 11. Conditions for issuance of Bunker 2001 Certificate

The ships specified in Article 10 of this Circular must hold insurance certificates satisfying the requirements set out in Article 7 of the Bunker Convention 2001.

Article 12. Procedures for issuance of Bunker 2001 Certificate

1. The ship’s owner shall send 01 dossier of application for the Bunker 2001 Certificate directly or via the postal system or through the online public service system to the register of ship.

2. A dossier of application for a Bunker 2001 Certificate comprises:

a) The original or electronic form of the ship owner's application, made according to Form No. 03 specified in the Appendix to this Circular;

b) The original or electronic copy issued from the master register book of the Certificate of Insurance satisfying the requirements set out in Article 7 of the Bunker Convention 2001;

In case the insurance includes reinsurance, the ship’s owner must also submit the original certificate issued by the relevant reinsurance organization;

In case the certificate issued by the reinsurance recipient, the insurance certificate satisfying the requirements set out in Article 7 of the Bunker Convention 2001 of the ship’s owner are provided in the form of electronic data, the ship’s owner must provide the official and lawful address of the issuing organization's website for inspection;

c) A copy or electronic copy of the ship registration certificate in respect of registered foreign-flagged ships.

3. The register of ship shall receive the dossier and inspect the dossier for compliance with the Bunker Convention 2001. In case the dossier is invalid, within 02 working days from the date of receipt of the dossier, the register of ship shall send a written request for completion of the dossier as prescribed. In case the dossier is valid, within 02 working days from the date of receipt of the complete dossier as prescribed, the register of ship shall issue the Bunker 2001 Certificate according to the Form No. 04 specified in the Appendix to this Circular and deliver it directly or by post or through the online public service system to the ship’s owner; in case of refusal, the register of ship shall reply in writing, clearly stating the reasons.

Article 13. Revocation of Bunker 2001 Certificate

1. The issued Bunker 2001 Certificate shall be revoked in any of the following violations:

a) Forgery, alteration, erasure, or falsification of the contents of the Bunker 2001 Certificate;

b) Sale, lease, or lending of the Bunker 2001 Certificate;

c) Intentional misrepresentation of information or the use of altered or forged papers in the dossier of application for the Bunker 2001 Certificate.

2. The register of ship shall have the competence to revoke the Bunker 2001 Certificate.

Article 14. Fees for the issuance of Bunker 2001 Certificate

The fee for issuance of the Bunker 2001 Certificate shall be implemented in accordance with the regulations of the Ministry of Finance and be paid at the register of ship or paid via the online public service system prior to receiving the Bunker 2001 Certificate.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15. Effect

1. This Circular takes effect on September 30, 2025.

2. This Circular repeals the following Circulars:

a) The Minister of Transport’s Circular No. 12/2011/TT-BGTVT dated March 30, 2011 regulating the issuance and revocation of certificates of insurance or financial security under the 1992 International Convention on Civil Liability for Oil Pollution Damage;

b) The Minister of Transport’s Circular No. 29/2019/TT-BGTVT dated August 12, 2019 amending and supplementing a number of articles of Circular No. 12/2011/TT-BGTVT;

c) The Minister of Transport’s Circular No. 46/2011/TT-BGTVT dated June 30, 2011 regulating the issuance and revocation of certificates of insurance or financial security under the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage;

d) The Minister of Transport’s Circular No. 28/2019/TT-BGTVT dated August 12, 2019 amending and supplementing a number of articles of Circular No. 46/2011/TT-BGTVT.

Article 16. Transitional provisions

1. For CLC 1992 certificates, Bunker 2001 certificates issued prior to the effective date of this Circular shall remain in use according to the term specified in the issued certificates.

2. For dossiers of application for CLC 1992 certificates, Bunker 2001 certificates which have been received by competent agencies prior to the effective date of this Circular, they shall continue to be processed in accordance with the Circulars specified at Points a, b, c and d Clause 2, Article 15 of this Circular./.

* All Appendices are not translated herein.