Decree No. 171/2016/ND-CP dated December 27, 2016 of the Government on registration, deregistration, purchase, sale and building of ships

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Decree No. 171/2016/ND-CP dated December 27, 2016 of the Government on registration, deregistration, purchase, sale and building of ships
Issuing body: GovernmentEffective date:
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Official number:171/2016/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:27/12/2016Effect status:
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Fields:Transport

SUMMARY

Purchase, sale and building of ships are specific investment activities

 

On December 27, 2016, the Government issued the Decree No. 171/2016/ND-CP on registration, deregistration, purchase, sale and building of ships.

In particular, the purchase of ship with state funding shall be performed in accordance with regulations of the Law on bidding. If all regulations of the Law on bidding have been applied but no ship is selected, the form of competitive offering shall be adopted in conformity with the international practices with the participation of at least 03 offering parties who are the ship sellers or brokers. The purchase, sale and building of ships with other sources of funding shall be subject to decisions of enterprises, organizations or individuals concerned.

Another important contents are that age limits of used foreign ships registered in Vietnam for the first time. Age limits of used foreign-flagged ships, submarines, submersibles, floating production storage and offloading units, and mobile offshore drilling units which are registered in Vietnam for the first time shall be provided for as: passenger ships, submarines and submersibles: 10 years of age; other ships, floating production storage and offloading units, and mobile offshore drilling units: Not more than 15 years of age; in special cases, age limits shall be decided by Minister of Transport provided it shall not exceed 20 years and only apply to chemical tankers, ships carrying liquefied gases, oil tankers or floating production storage and offloading units.

Also in accordance with the regulations of this Decree, the ships purchased or newly built of state-owned enterprises or enterprises with state contributions must be registered for sailing under the Vietnamese flag in conformity with regulations herein. A ship under the ownership of a Vietnamese entity without the state funding may be registered for sailing under the foreign flag according to the ship owner’s decision. Within 30 days as from the date of registry of ship for sailing under the foreign flag, the ship owner must send a copy of Certificate of registry of ship to the Vietnam Registrar of Ship for management.

This Decree takes effect on July 01, 2017
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Effect status: Known
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THE GOVERNMENT

Decree No.  171/2016/ND-CP dated December 27, 2016 of the Government on registration, deregistration, purchase, sale and building of ships
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Maritime Code of Vietnam dated November 25, 2015;
At the request of Minister of Transport;
The Government promulgates a Decree on the registration, deregistration, purchase, sale and building of ships.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
1. This Decree introduces regulations on the registration and deregistration of Vietnamese-flagged ships, the purchase, sale, building, import and export of ships, and registration of ships under the ownership of Vietnamese entities for sailing under foreign flags.
2. Regulations on the registration and deregistration of ships in this Decree shall also apply to the registration and deregistration of public service ships, submarines, submersibles, floating production storage and offloading units, and mobile offshore drilling units.
3. This Decree shall not apply to the purchase, sale and building of:
a) Ships which are under the ownership of foreign entities and constructed in Vietnam;
b) Foreign-flagged ships which are under the ownership of foreign entities and sold at auction in Vietnam under decisions on enforcement of competent state agencies;
c) Public service ships, submarines, submersibles, floating production storage and offloading units, and mobile offshore drilling units.
4. This Decree shall not also apply to the registration, deregistration, purchase, sale and building of ships serving national defense and security purpose, nuclear-powered ships and seaplanes.
Article 2. Subject of application
This Decree shall apply to Vietnamese and foreign entities getting involved in the registration, deregistration, purchase, sale and building of ships.
Article 3. Interpretation of terms
In this document, these terms 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 Ships Registration Book for archive and grants ship registration certificates under regulations in this Decree and relevant laws. The ship registration is carried out under the following forms:
a) Indefinite ship registration;
a) Periodical ship registration;
c) Registration of change;
d) Provisional registration of ship;
dd) Registration of ship under construction;
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ENGLISH DOCUMENTS

Official Gazette
Decree 171/2016/NĐ-CP PDF

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