Agreement on Maritime Transport between the Government of the Socialist Republic of Vietnam and the Government of the United Republic of Tanzania 2014

AGREEMENT

ON MARITIME TRANSPORT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA

The Government of the Socialist Republic of Viet Nam and the Government of the United Republic of Tanzania, hereinafter referred to as the “Parties”,

Desiring to strengthen and to extend cooperation in the field of maritime transport on the basis of the principles of equal access and mutual benefit,

Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement:

1. The term “vessel of a Party” means:

(a) Any merchant vessel registered to fly national flag of either Party in accordance with its laws and regulations and used for either commercial shipping or a merchant marine training vessel.

(b) Any merchant vessel registered fly national flag of a third country that is operated or chartered by a shipping company of either Party, including vessels owned, operated or chartered by such shipping company.

The term “vessel of a Party” shall not include the following vessels:

(i) Warships (as defined in the 1982 United Nations Convention on the Law of the Sea);

(ii) Vessels engaged in meteorological, hydrographic, oceanographic field research;

(iii) Fishing vessels;

(iv) Recreational vessels;

(v) Public vessels and any vessels used for non-commercial purposes.

2. The term “crew member” means seafarers, or any persons employed for duties on board a vessel of either Party and whose name is included on the crew list of such vessel.

3. The term “passenger” means a person carried by a vessel of either Party under a contract of carriage and whose name is included in the passenger list of such vessel.

4. The term “port of a Party” means any seaport in the territory of a Party that is declared open to international shipping by that Party.

5. The term “shipping company” means any enterprise that is established and operated under the laws of a Party, and that engages in international maritime transport.

6. The term “merchant marine training vessel” means any vessel for the purpose of training and education of seafarers.

7. The term “competent authorities” means:

(a) For the Government of the Socialist Republic of Viet Nam: the Ministry of Transport or such other body as the Government of the Socialist Republic of Viet Nam may designate.

(b) For the Government of the United Republic of Tanzania: the Ministry in charge of Maritime Transport or such other body as the Government of the United Republic of Tanzania may designate.

8. The term “cargo agency services” means the solicitation and booking of cargo; assessment, collection, and remittance of freight and other charges arising out of service contracts, multimodal transportation agreements and contracts of affreightment; quoting and publishing tariffs; arranging transport services using commercial bills of lading or combined transport documents; direct marketing and sales of maritime transport and related services with customers.

9. The term “cargo documentation” means the preparation of transport documents, including cargo manifests, customs documents, or other documents related to the origin, destination and character of the goods transported; signing and issuing bills of lading, including through bills of lading, that are generally accepted in international maritime transport.

10. The term “ocean freight forwarding” means the assembling, collecting, consolidation and dispatch of shipments via an ocean carrier and booking or otherwise arranging space for those shipments on behalf of shippers and processing the documentation for performing related activities to those shipments.

Provided that the Parties shall exchange the specimen of the documents mentioned in this sub article.

Article 7

Immigration and Customs

1. The laws and regulations of a Party relating to entry, exit, clearance, vessel security, immigration, passports, customs, quarantine, and, in the case of mail, postal regulations shall apply to vessels of the other Party, and to passengers, crew, or cargo on board such vessels entering, within or leaving the territory of either Party.

2. Members of the crew of vessels of either Party may enter and exit the territory or travel through the territory of the other Party to join vessels, repatriate or for any other reason acceptable to the appropriate authorities of the other Party, subject to the provisions of paragraph 1 and in, compliance with the applicable laws and regulations of the said other Party.

3. Members of the crew of vessels of either Party in need of immediate medical care may enter and remain in the territory of the other Party for the period of time acceptable to the proper authorities of the other Party for immediate medical treatment provided such entry and sojourn are otherwise in compliance with the applicable laws and regulations of that Party.

4. Either Party may deny entry into its territory to a crew member of a vessel of the other Party and to a passenger on board such vessels in accordance with the applicable laws and regulations of that Party.

Article 8

Assistance to Vessels in Distress

1. If a vessel of a Party is involved in an apparent distress situation, accident, or act of violence against it in the internal waters or territorial sea of the other Party, such other Party shall, if practical, facilitate or provide assistance to the master, crew members, passengers, vessel and cargo. Such other Party shall also promptly notify the diplomatic representative or consular representative of the State whose flag the vessel is flying.

2. The Party in whose territorial sea or internal waters the accident has taken place shall take the appropriate steps, including as specified in applicable International Maritime Organization instruments, to conduct an investigation of the accident. The Parties agree to cooperate in the conduct of the investigation and to allow representatives of either Party to participate in the investigation in accordance with its relevant national laws. That Party shall promptly inform the other Party of the results of an investigation.

3. All cargo and other property unloaded or saved from a vessel in distress shall be exempted from all customs duties and taxes, except port usage fees and charges as applicable, provided that such cargo and property are not released for consumption or use in the territory of the other Party. The shipowner shall pay storage costs incurred in accordance with the applicable regulations of the Party, provided that all such charges shall be just, reasonable, and non-discriminatory.

Article 9

Maritime Environmental Protection

1. Vessels from the countries of the Parties are subject to the national domestic laws and regulations concerned and relevant international conventions in force in the countries of the Parties pertaining to maritime environmental protection.

2. In the event of any pollution resulting from a breach of the provisions of this Article, the vessel in default shall be liable under the national laws and regulations concerned that relevant international conventions applicable to the nature of the pollution.

Article 10

Consultations

1. To facilitate the implementation of this Agreement, a joint committee comprising representatives of the relevant authorities shall be established by the Parties.

2. The Joint Committee shall consider matters of common concern with respect to the interpretation and implementation of this Agreement and other maritime transportation issues such as exchanges of information between the competent authorities and those related to activities of shipping companies and vessels of the Parties involved in maritime transport between the two countries, especially in arresting of a ship.

If the Joint Committee cannot reach any agreement relating to interpretation or application of this Agreement, this disagreement shall be settled through diplomatic channels.

3. At the request of either Party, the Joint Committee shall hold consultations on a date and at a venue agreed by the Parties.

4. A Party shall respond to a request for consultations from the other Party within 15 days from the date of receipt of the request.

Article 11

Cooperation

The Parties shall, subject to available funds, cooperate closely in the field of port and maritime transport development, in particular cargo and passenger trades and training of seafarers.

Article 12

Entry into Force, Amendment and Termination

1. The signed Agreement shall enter into force 30 days after exchange of diplomatic notes confirming completion by the Parties of the internal procedures required for its entry into force.

2. This Agreement shall remain in force for five years and shall be renewed automatically for successive one year periods.

3. This Agreement may by amended by agreement of the Parties.

4. This Agreement may be terminated at any time by either Party upon six months’ written notice, through diplomatic channels, to the other Party unless there is other agreement between the two Parties. Termination of this Agreement shall not affect specific programs or activities being done in accordance with the content stipulated in this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at ……………, on…………………., in duplicate in the Vietnamese and English languages; all texts being equally authentic, in case of divergences, the English text shall prevail.