Decree No. 161/2013/ND-CP dated November 12, 2013 of the Government on registration, purchase, sale and building of seagoing ships

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Decree No. 161/2013/ND-CP dated November 12, 2013 of the Government on registration, purchase, sale and building of seagoing ships
Issuing body: GovernmentEffective date:
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Official number:161/2013/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:12/11/2013Effect status:
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SUMMARY

SHIP REGISTRATION NOT MORE THAN 15 YEARS

On November 12, 2013, the Government issued the Decree No. 161/2013/ND-CP of November 12, 2013, on registration, purchase, sale and building of seagoing ships. Within that, for first-time registration in Vietnam, used ships must be not more than 10 years, for passenger ships; and not more than 15 years, for ships of other types. The limits on the ages of ships specified in Clause 1 of this Article do not apply to ships under the ownership of foreign individuals or organizations and coercively auctioned in Vietnam under decisions of competent agencies.

Besides, Before being registered for flying foreign state flags, ships flying the Vietnamese flag and chartered or charter-purchased by foreign organizations or individuals must be subject to deregistration of Vietnamese ships in accordance with laws.

Also in accordance with this Decree, forms of ship purchase and sale by state enterprises or enterprises with state capital contributions must be in consistent form. In particular, the ship purchase and sale between an enterprise and a foreign organization or individual must be conducted in the form of competitive offers in accordance with international practices from at least 3 (three) ship owners or brokers; the ship purchase and sale between an enterprise and a Vietnamese organization or individual must be conducted in the form of auction in accordance with law or competitive offer in accordance with international practices.

This Decree takes effect on January 1, 2014, and annuls all previous Decrees on ship registration, purchase and sale.
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THE GOVERNMENT

Decree No. 161/2013/ND-CP of November 12, 2013, on registration, purchase, sale and building of seagoing ships
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Maritime Code of Vietnam;
At the proposal of the Minister of Transport,
The Government promulgates the Decree on registration, purchase, sale and building of seagoing ships.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides the registration, purchase, sale and building of seagoing ships (below referred to as ships).
2. This Decree’s provisions on ship registration are also applicable to the registration of public-duty ships.
3. This Decree does not apply to the purchase, sale and building of the following ships:
a/ Ships under ownership of foreign organizations and individuals and built in Vietnam;
b/ Ships under ownership of foreign organizations and individuals, flying a foreign state flag and coercively auctioned in Vietnam under decisions of competent state agencies;
c/ Public-duty ships.
4. This Decree does not apply to the registration, purchase, sale and building of ships used for national defense and security purposes, nuclear-powered ships and seaplanes. 
Article 2. Subjects of application
This Decree applies to Vietnamese and foreign organizations and individuals involved in ship registration, purchase, sale and building.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Ship registration means that a competent agency in charge of ship registration in Vietnam records information on ships in the Vietnam National Ship Registration Book for archive and grants ship registration certificates under this Decree and relevant laws.
Ship registration may take the following forms:
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