Decree No. 86/2020/ND-CP amending the Decree No. 171/2016/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 171/2016/ND-CP of December 27, 2016, on registration, deregistration, purchase, sale and building of seagoing ships^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

At the proposal of the Minister of Transport;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 171/2016/ND-CP on registration, deregistration, purchase, sale and building of seagoing ships(below referred to as Decree No. 171/2016/ND-CP)

Article 1.To amend and supplement a number of articles of Decree No. 171/2016/ND-CP

1. To amend and supplement Clause 2, Article 1 as follows:

“2. The provisions of this Decree regarding registration and deregistration of seagoing ships also apply to registration and deregistration of official-duty seagoing ships, submarines, submersibles, floating production storage units, and mobile offshore drilling units and registration of VR-SB inland waterway craft which have been recorded in the Vietnam National Register of Ships.”

2. To amend and supplement Clause 1, Article 6 as follows:

“The Vietnam National Register of Ships shall be used to record information relating to registered or deregistered seagoing ships, official-duty seagoing ships, submarines, submersibles, floating production storage units, and mobile offshore drilling units under regulations. The Vietnam National Register of Ships is made in the form of paper notebook and e-database.

Principal contents of the Vietnam National Register of Ships must comply with Article 24 of the Maritime Code of Vietnam.”

3. To amend and supplement the title of Article 7 as follows:

“Article 7. Age limits for seagoing ships to be registered in Vietnam”

4. To amend and supplement Clauses 1 and 4, Article 7 as follows:

“1. When registered in Vietnam, age of used seagoing ships, submarines, submersibles, floating production storage units, and mobile offshore drilling units that are flying foreign state flags must comply with the following provisions:

a/ Passenger ships, submarines and submersibles: not exceeding 10 years;

b/ Other seagoing ships, floating production storage units, and mobile offshore drilling units: not exceeding 15 years;

c/ In special cases, age of used seagoing ships shall be decided by the Minister of Transport, which, however, must not exceed 20 years and this provision apply only to chemical tankers, liquefied gas tankers, oil tankers, and floating production storage units.

4. A seagoing ship that has been deregistered from the Vietnam National Register of Ships for registration as VR-SB inland waterway craft may be re-registered in the Vietnam National Register of Ships in the form of indefinite-term registration or registration of small seagoing ships if its age complies with Clause 1, Article 7 of this Decree.”

5. To amend and supplement Points b, c and d, Clause 2, and Point a, Clause 4, Article 8 as follows:

“2. A dossier of request for approval of the name of a seagoing ship must comprise:

b/ The seagoing ship purchase and sale contract or building contract or another document of equivalent legal validity proving the ownership of the seagoing ship (certified copy or copy enclosed with the original for comparison; notarized translation of the contract if it is made in a foreign language);

c/ The applicant’s business registration certificate, enterprise registration certificate or cooperative or cooperative group registration certificate (certified copy or copy enclosed with the original for comparison). In case the ship owner is a foreign organization, its Vietnam-based branch or representative office’s establishment license (certified copy or copy enclosed with the original for comparison) is required;

d/ In case the ship owner is an individual, his/her people’s identity card or citizen identity card or passport (certified copy or copy enclosed with the original for comparison) is required. In case the ship owner is a foreigner, his/her passport (certified copy or copy enclosed with the original for comparison) is required.

4. The seagoing ship registration agency shall receive the dossier and:

a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier; if finding the dossier valid, record it in the dossier register, issue a receipt and give an appointment to notify registration results within the prescribed time limit;”

6. To amend and supplement Points b, c, g and h, Clause 2, and Point a, Clause 4, Article 9 as follows:

“2. A dossier for indefinite-term registration of a seagoing ship must comprise:

b/ The certificate of deregistration of a seagoing ship or certificate of deregistration of an inland waterway craft (the original), for used VR-SB inland waterway craft, or the ship handover record (the original), for newly built seagoing ships;

c/ The seagoing ship purchase and sale contract or building contract or another document of equivalent legal validity proving the ownership of the seagoing ship (the original enclosed with notarized translation of the contract if it is in a foreign language);

g/ The business registration certificate, enterprise registration certificate or cooperative or cooperative group registration certificate (certified copy or copy enclosed with the original for comparison). In case the ship owner is a foreign organization, its Vietnam-based branch or representative office’s establishment license (certified copy or copy enclosed with the original for comparison) is required;

h/ In case the ship owner is an individual, his/her people’s identity card or citizen identity card or passport (certified copy or copy enclosed with the original for comparison) is also required. In case the ship owner is a foreigner, his/her passport (certified copy or copy enclosed with the original for comparison) is also required.

4. The seagoing ship registration agency shall receive the dossier and:

a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier. If finding the dossier valid, record it in the dossier register, issue a receipt and give an appointment to notify registration results within the prescribed time limit;”

7. To amend and supplement Point a, Clause 1; Points d, e and g, Clause 2; Clause 3; and Point a, Clause 5 of Article 10 as follows:

“1. Certificates of definite-term registration of seagoing ships

a/ The period of definite-term registration of a seagoing ship corresponding to the term of the ship hire-purchase or bareboat charter contract or requested by the ship owner must be stated in the certificate of registration of such ship. In case of a seagoing ship possessing a certificate of registration suspension, the period of definite-term registration of the seagoing ship must not be longer than that indicated in the certificate of registration suspension;

2. A dossier for definite-term registration of a seagoing ship that is hire-purchased or hired in the form of bareboat charter by a Vietnamese organization or individual must comprise:

d/ The business registration certificate, enterprise registration certificate or cooperative or cooperative group registration certificate (certified copy or copy enclosed with the original for comparison);

e/ The ship hire-purchase contract or bareboat charter contract (the original enclosed with a notarized translation of the contract if it is in a foreign language);

g/ The ship handover record (the original enclosed with a notarized translation of the ship handover record if it is in a foreign language);

3. The dossier for definite-term registration of a seagoing ship whose owner is a foreign organization or individual must comprise the documents specified at Points a, b, c, dd, e, g and h, Clause 2 of this Article, and its Vietnam-based branch or representative office’s establishment license (certified copy or copy enclosed with the original for comparison) or his/her passport (certified copy or copy enclosed with the original for comparison).

5. The seagoing ship registration agency shall receive the dossier and:

a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier. If finding the dossier valid, record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

8. To amend and supplement Points a and b, Clause 2, and Point a, Clause 4 of Article 11 as follows:

“2. A dossier for provisional registration of a seagoing ship must comprise:

a/ In case charges and fees have not yet been paid, the registration dossier must comprise a seagoing ship registration declaration made according to Form No. 1 provided in the Appendix to this Decree, the documents specified at Points b, c, g and h, Clause 2, Article 9 of this Decree, and the ship tonnage certificate and ship classification certificate (copies);

b/ In case the ship deregistration certificate has not yet been obtained, the registration dossier must comprise a seagoing ship registration declaration made according to Form No. 1 provided in the Appendix to this Decree, the documents specified at Points c, g and h, Clause 2, Article 9 of this Decree, and the ship tonnage certificate and ship classification certificate (copies);

4. The seagoing ship registration agency shall receive the dossier and:

a/ If finding the dossier, which is directly submitted, invalid, to guide the applicant how to complete the dossier. If finding the dossier valid, record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

9. To amend and supplement Point a, Clause 4 of Article 12 as follows:

“a/ If finding the dossier, which is directly submitted, invalid, to guide the applicant how to complete the dossier. If finding the dossier valid, record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

10. To amend and supplement Points b, d and dd, Clause 2, and Point a, Clause 4 of Article 13 as follows:

“2. A dossier for registration of a seagoing ship under construction must comprise:

b/ The seagoing ship building contract or contract on purchase and sale of a seagoing ship under construction (the original enclosed with a notarized translation of the contract if it is in a foreign language);

d/ The business registration certificate, enterprise registration certificate or cooperative or cooperative group registration certificate (certified copy or copy enclosed with the original for comparison). In case the ship owner is a foreign organization, its Vietnam-based branch or representative office’s establishment license is required (certified copy or copy enclosed with the original for comparison);

dd/ In case the ship owner is an individual, his/her people’s identity card, citizen identity card or passport (certified copy or copy enclosed with the original for comparison) is also required. In case the ship owner is a foreigner, his/her passport (certified copy or copy enclosed with the original for comparison) is also required.

4. The seagoing ship registration agency shall receive the dossier and:

a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier. If finding the dossier valid, record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

11. To amend and supplement Points b, c, dd and e, Clause 2, and Point a, Clause 4 of Article 14 as follows:

“2. A dossier for registration of a small seagoing ship must comprise:

b/ The certificate of deregistration of seagoing ship or certificate of deregistration of inland waterway craft (the original), for used VR-SB inland waterway craft, or ship handover record (the original), for newly built seagoing ships;

c/ The seagoing ship purchase and sale contract or building contract or  another document of equivalent legal validity proving the ownership of the ship (the original enclosed with a notarized translation of the contract if it is in a foreign language);

dd/ The business registration certificate, enterprise registration certificate or cooperative or cooperative group registration certificate (certified copy or copy enclosed with the original for comparison). In case the ship owner is a foreign organization, its Vietnam-based branch or representative office’s establishment license is required (certified copy or copy enclosed with the original for comparison);

e/ In case the ship owner is an individual, his/her people’s identity card, citizen identity card or passport (certified copy or copy enclosed with the original for comparison) is also required. In case the ship owner is a foreigner, his/her passport (certified copy or copy enclosed with the original for comparison) is also required.

4. The seagoing ship registration agency shall receive the dossier and:

a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier. If finding the dossier valid, record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

12. To amend and supplement Point a, Clause 4 of Article 15 as follows:

“a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier. If finding the dossier valid, to record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

13. To amend and supplement Point a, Clause 4 of Article 16 as follows:

“a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier. If finding the dossier valid, to record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

14. To add Clause 4 to Article 19 as follows:

“4. Provisionally registered Vietnamese seagoing ships specified at Point a, Clause 5, Article 3 of this Decree may not be deregistered if prescribed charges and fees have not yet been paid for them;”

15. To amend and supplement Point a, Clause 4 of Article 20 as follows:

“a/ If finding the dossier, which is directly submitted, invalid, guide the applicant how to complete the dossier. If finding the dossier valid, record it in the dossier register, issue a dossier receipt and give an appointment to return registration results within the prescribed time limit;”

16. To amend and supplement Clause 1 of Article 22 as follows:

“1. Purchase of seagoing ships with state funds must comply with the bidding law.”

17. To amend and supplement Clause 1 of Article 23 as follows:

“1. The purchase of a seagoing ship with state funds shall be carried out according to the following procedures:

a/ Approving the ship purchase policy;

b/ Selecting a ship, estimating purchase prices and expenses related to the purchase transaction;

c/ Preparing, appraising and approving a seagoing ship purchase project. This project must state the necessity for the investment, category, quantity, and basic technical specifications of the to-be-purchased ships, estimated prices, sources of funds for the purchase, form of purchase, plan on exploitation of the ship, economic efficiency and other necessary contents;

d/ Deciding the ship purchase;

dd/ Completing ship purchase procedures.”

18. To amend and supplement Clause 1 of Article 24 as follows:

“1. The sale of a state-invested seagoing ship shall be carried out according to the following procedures:

a/ Approving the ship sale policy;

b/ Determining the reserve price and estimating expenses related to the sale transaction;

c/ Preparing, appraising and approving a seagoing ship sale project. This project must state the necessity for the sale of ships, quantity and basic technical specifications of the to-be-sold ship, estimated selling price, form of sale and other necessary contents;

d/ Deciding on the ship sale;

dd/ Completing sale procedures.”

19. To amend and supplement Clause 1 of Article 25 as follows:

“1. A state-funded seagoing ship building project shall be implemented according to the following procedures:

a/ Approving the seagoing ship building policy;

b/ Selecting, determining costs of and funding sources for building, a seagoing ship; estimating expenses related to the ship building transaction;

c/ Preparing, appraising and approving a seagoing ship building project. This project must state the necessity for the investment, category, quantity and basic technical specifications of the to-be-built seagoing ship, estimated costs, funding sources for the building, form of building, plan on ship exploitation, economic efficiency and other necessary contents;

d/ Deciding on seagoing ship building;

dd/ Completing seagoing ship building procedures.”

20. To amend and supplement Clause 1 of Article 26 as follows:

“1. Competence to approve the policy and decide on the purchase, sale or building of seagoing ships under state-funded projects must comply with the laws on management and use of state capital invested in production and business at enterprises, investment and public investment, and enterprise charter.”

Article 2.Transitional provisions

1. Dossiers of application for certificates of registration of seagoing ships or certificates of deregistration of seagoing ships which have been received by the seagoing ship registration agency before the effective date of this Decree must comply with Decree No. 171/2016/ND-CP.

2. Seagoing ship purchase, sale or building projects that have been approved before the effective date of this Decree must comply with Decree No. 171/2016/ND-CP.

3. For seagoing ships flying foreign state flags purchased by Vietnamese organizations or individuals in the form of loan or hire-purchase and having their loan or hire-purchase contracts signed before the effective date of this Decree, their age upon their registration in Vietnam must comply with Decree No. 171/2016/ND-CP.

4. Seagoing ships that have been granted certificates of provisional registration before the effective date of this Decree must comply with the provisions on deregistration of Decree No. 171/2016/ND-CP.

Article 3.Effect and organization of implementation

1. This Decree takes effect on September 15, 2020.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC