Ordinance No. 05/2008/PL-UBTVQH12 on Seizing Vessels

ORDINANCE

Procedure for Seizing Ships

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

BASED ON THE DECREE NUMBER 05/2022/ND-CP dated January 7, 2022 amending and supplementing certain provisions of the Decree Number 53/2019/ND-CP dated June 17, 2019 of the Government; BB 1.6Decision No. 11/2007/QH12 on the Program for Enacting Laws and Ordinances in 2008;

The Standing Committee of the National Assembly promulgates the Ordinance on Procedures for Seizing Ships.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the authority, procedures, and methods for seizing ships to ensure the resolution of maritime complaints, the application of provisional measures, the execution of civil judgments, the implementation of judicial assistance, and the authority, procedures, and methods for releasing seized ships.

Article 2. Applicability

This Ordinance applies to agencies, organizations, and individuals of Vietnam and foreign agencies, organizations, and individuals related to the resolution of maritime complaints, the application of provisional measures, the execution of civil judgments, and judicial assistance that generate the right to seize ships.

Article 3. Authority to Decide on Seizing Ships

1. The People's Court of the province or centrally governed city (hereinafter referred to as the Provincial People's Court) where the port, including sea ports and inland waterway ports (hereinafter referred to as the port), in which the ship subject to seizure is operating has the authority to decide on the seizure of such ship to ensure the resolution of maritime complaints, the execution of civil judgments, and the implementation of judicial assistance from foreign courts.

In cases where the port includes several wharfs under the jurisdiction of different provinces or centrally governed cities, the Provincial People's Court where the wharf in which the ship subject to seizure is operating has the authority to decide on the seizure of such ship.

2. The People's Court currently handling the civil case, or the Provincial People's Court where the Arbitration Council accepts the dispute has the authority to decide on the application of provisional measures involving the seizure of ships.

3. The President of the Supreme People's Court shall examine and decide on the court with the authority to decide on the seizure of ships in cases where there is a dispute over jurisdiction among provincial people's courts.

Article 4. Liability for Improper Requests to Seize Ships

1. The person requesting the seizure of a ship shall bear legal responsibility for their request. In cases where an improper request to seize a ship causes damage, the person making the request to seize the ship must compensate for the damage.

2. Any damage arising from the consequences of an improper request to seize a ship shall be resolved through mutual agreement between the parties. In cases where no agreement can be reached and a dispute arises, the parties have the right to request the court or arbitration to resolve the matter according to the provisions of the law.

3. If the court issues a decision to seize a ship improperly based on the request to seize a ship or the wrong ship, causing damage, the court must compensate according to the provisions of the law.

Article 5. Financial Guarantee Measures for Requests to Seize Ships

1. The person requesting the seizure of a ship must implement financial guarantee measures, except in the cases specified in points c and d of Clause 1, Article 44 of this Ordinance, in one or both of the following forms:

a) Submitting to the court a guarantee document secured by assets from a bank or other credit institution, or from another individual, agency, or organization;

b) Depositing a sum of money, precious metals, precious stones, or negotiable instruments into a frozen account at a bank located where the court with the authority to decide on the seizure of the ship is situated, within the latest forty-eight hours from the time of receiving the decision.

In cases where financial guarantee measures for requests to seize ships are implemented on weekends or holidays, the security assets may be temporarily held at the court; the court will only accept the deposit of money or negotiable instruments and proceed to seal and store them. On the next working day, the person requesting the seizure of the ship must deposit the assets into the bank under the supervision of the court.

2. The value of the financial guarantee shall be determined by the court to be equivalent to the potential losses or damages that could arise from the consequences of an improper request to seize a ship.

3. When deciding to release a ship that has been seized, the Judge must consider the financial guarantee measures for requests to seize ships stipulated in Clause 1 of this Article, except in cases where the parties agree otherwise. Depending on the specific circumstances, the Judge may issue one of the following decisions:

a) Maintaining the financial guarantee measures for requests to seize ships if it is deemed that the request to seize a ship was improper and the value of the financial guarantee may be sufficient or insufficient to cover the compensation for damages;

b) Returning part of the value of the financial guarantee for requests to seize ships if it is deemed that the request to seize a ship was improper and the value of the financial guarantee exceeds the liability for compensating damages;

c) Returning the entire value of the financial guarantee for requests to seize ships if it is deemed that the request to seize a ship was proper.

Article 6. Fees for Seizing Maritime Vessels

1. The person requesting the seizure of a maritime vessel must pay the fee as prescribed by law.

2. The fee for seizing a maritime vessel to ensure the resolution of maritime disputes, the application of provisional emergency measures, the enforcement of civil judgments, and the execution of judicial commissions from foreign courts shall be paid to the court with jurisdiction to decide on the seizure of the maritime vessel within forty-eight hours from the time the court requests payment of the fee, as stipulated in Article 3 of this Ordinance.

Article 7. Supervision of Compliance with Law in the Seizure of Maritime Vessels

The People's Procuracy supervises compliance with the law in the seizure of maritime vessels; implements the rights of recommendation as prescribed by law to ensure that the seizure of maritime vessels is timely and in accordance with the law.

Article 8. Documents and Evidence Accompanying Requests for Seizing Maritime Vessels or Releasing Seized Maritime Vessels

1. Along with the request for the seizure of a maritime vessel or the document requesting the release of a seized maritime vessel, there must be documents and evidence proving that the request for the seizure of the maritime vessel or the release of the seized maritime vessel is based on grounds and is lawful.

2. In cases where the documents and evidence proving the request for the seizure of a maritime vessel or the release of a seized maritime vessel are in a foreign language, they must be accompanied by a certified translation into Vietnamese according to the provisions of Vietnamese law. For documents and papers issued, granted, or confirmed by competent authorities of foreign countries under foreign laws, they must be legalized through consular authentication, except in cases exempted according to the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

Article 9. Execution of Decisions to Seize Maritime Vessels or Release Seized Maritime Vessels

1. Immediately upon issuing a decision to seize a maritime vessel or release a seized maritime vessel, the Chief Justice of the Court must assign a court officer to deliver the decision in accordance with Clause 2 of this Article.

2. Within twelve hours from the time of assignment, the court officer must go to the port to hand over two copies of the decision to the Director of the Port Management Authority or the Director of the Inland Waterway Port (hereinafter referred to as the Director of the Port Management Authority) at the location where the maritime vessel being requested to be seized is operating. The Director of the Port Management Authority shall implement the decision to seize the maritime vessel or release the seized maritime vessel in accordance with the law and hand over one copy to the shipmaster for implementation.

In cases where the court officer cannot reach the port within the aforementioned period, the decision may be sent via fax or email in accordance with the law.

3. State management agencies responsible for maritime affairs, security, quarantine, customs, taxation, culture and information, fire prevention and control, environmental protection, and other state management agencies shall cooperate in implementing the decision to seize a maritime vessel when requested by the Director of the Port Management Authority and shall be subject to the coordination and direction of the Director of the Port Management Authority in the implementation of the decision to seize a maritime vessel.

The Vietnam Coast Guard shall cooperate in implementing the decision to seize a maritime vessel when requested by the Director of the Port Management Authority.

4. During the period of seizure of the maritime vessel, the shipowner, charterer, and operator of the vessel shall be responsible for maintaining the operation of the maritime vessel.

5. The Government shall prescribe the implementation of the decision of the Court as stipulated in Clause 2 of this Article, and the handling of the maritime vessel in cases where the shipowner abandons the vessel or auctions the seized maritime vessel.

Article 10. Notification of the execution of the decision to arrest a ship, the decision to release an arrested ship

Clause 1. The Director of the Port Control Office shall be responsible for notifying in writing the Court, the Vietnam Maritime Administration, and other relevant state management agencies at the port about the execution of the decision to arrest a ship or the decision to release an arrested ship; in case of arresting a ship for enforcement of a judgment, he shall immediately notify the competent civil enforcement agency so that this agency can carry out the civil enforcement proceedings.

Clause 2. The Master shall be responsible for notifying the shipowner, the charterer, the operator of the ship, and those with related interests about the ship being arrested or released.

Chapter II

PROCEDURES FOR THE ARREST OF A SHIP, THE RELEASE OF AN ARRESTED SHIP AND THE RE-ARREST OF A SHIP TO ENSURE THE SETTLEMENT OF MARITIME DISPUTES

Article 11. Maritime disputes giving rise to the right to request the arrest of a ship

Maritime disputes giving rise to the right to request the arrest of a ship include disputes concerning:

Point 1. Wages, repatriation expenses, social insurance premiums, and other amounts due to seafarers, officers, and other crew members on board the ship;

Point 2. Compensation for loss of life, personal injury, and other health-related damages directly related to the operation of the ship;

Point 3. Tonnage dues, maritime security deposits, pilotage fees, port dues, and other port charges;

Point 4. Remuneration for salvage services rendered to the ship;

Point 5. Losses and damages outside the contract directly related to the operation of the ship;

Point 6. Damage or threat of damage caused by the ship to the environment, coastline, or related interests; measures taken to prevent, limit, or eliminate such damage; compensation for such damage; costs incurred or to be incurred for reasonable and actual measures taken or to be taken to restore the environment; losses already occurred or likely to occur to third parties related to such damage; similar damage, costs, or losses as provided for in this clause;

Point 7. Costs related to raising, moving, salvaging, destroying, or rendering harmless sunken, stranded, or abandoned ships, including any objects present or previously present on the ship and costs or expenses related to the preservation of abandoned ships and costs for the crew of the ship;

Point 8. Agreements relating to the use or leasing of the ship, whether stipulated in a charter party or otherwise;

Point 9. Agreements relating to the carriage of goods or passengers on the ship, whether stipulated in a charter party or otherwise;

Point 10. Losses or damages related to cargo, including baggage carried on the ship;

Point 11. General average;

Point 12. Towage of the ship;

Point 13. Use of marine pilots;

Point 14. Goods, materials, food, fuel, equipment (including containers) supplied or services provided for the purpose of operating, managing, preserving, and maintaining the ship;

Point 15. Construction, conversion, restoration, repair, or outfitting of the ship;

Point 16. Payments made on behalf of the shipowner;

Point 17. Insurance premiums paid by the shipowner or his representative or the bareboat charterer;

Point 18. Commissions, brokerage fees, or agency fees related to the ship that the shipowner, the bareboat charterer, or the authorized person must pay;

Point 19. Disputes over ownership of the ship;

Point 20. Disputes among co-owners of the ship regarding the use of the ship or income derived from the ship;

Point 21. Mortgage of the ship;

Point 22. Disputes arising from contracts for the sale of the ship.

Article 12. Right to Request Seizure of Vessels to Ensure Maritime Dispute Resolution

The person with a maritime dispute as stipulated in Article 11 of this Ordinance has the right to request the court with jurisdiction as prescribed in Clause 1 of Article 3 of this Ordinance to decide on the seizure of vessels to ensure the resolution of maritime disputes.

Article 13. Conditions for Seizing Vessels to Ensure Maritime Dispute Resolution

1. When there is a request for the seizure of vessels to ensure the resolution of maritime disputes as stipulated in Article 12 of this Ordinance, the court shall decide to seize the vessel in the following cases:

a) The shipowner is the person responsible for the maritime dispute at the time it arises and remains the shipowner at the time of the vessel's seizure;

b) The bareboat charterer is the person responsible for the maritime dispute at the time it arises and remains the bareboat charterer or becomes the shipowner at the time of the vessel's seizure;

c) This maritime dispute is based on the mortgage of that vessel;

d) This maritime dispute relates to the ownership or possession of that vessel;

đ) This maritime dispute is secured by a maritime lien related to that vessel.

2. The seizure of vessels may also be carried out against one or more other vessels owned by the person responsible for the maritime dispute and who, at the time the maritime dispute arose, was:

a) The owner of the vessel related to the occurrence of the maritime dispute;

b) The bareboat charterer, time charterer, or voyage charterer of the vessel related to the occurrence of the maritime dispute.

3. The provisions of Clause 2 of this Article do not apply to maritime disputes relating to the ownership of vessels.

Article 14. Time Limit for Seizing Vessels to Ensure Maritime Dispute Resolution

1. The maximum period for seizing vessels to ensure the resolution of maritime disputes is thirty days from the date of the vessel's seizure.

2. During the period when the vessel is seized to ensure the resolution of maritime disputes, if the person requesting the seizure of the vessel commences litigation before the court or requests arbitration to resolve the dispute and continues to request the seizure of the vessel, the period for seizing the vessel to ensure the resolution of maritime disputes ends when the court decides whether or not to apply the urgent temporary measure of seizing the vessel.

Article 15. Petition for Seizing Vessels to Ensure Maritime Dispute Resolution

1. The person requesting the seizure of vessels to ensure the resolution of maritime disputes must submit a petition.

2. The petition for seizing vessels to ensure the resolution of maritime disputes shall contain the following main contents:

a) Date of submission of the application;

b) Name of the court receiving the application;

c) Name, address, and nationality of the person requesting the seizure of the vessel;

d) Name, nationality, International Maritime Organization (IMO) number, tonnage, and other characteristics of the vessel requested to be seized; port where the vessel is operating;

đ) Name, address, and nationality of the master;

e) Name, address, and nationality of the shipowner;

g) Name, address, and nationality of the charterer or operator of the vessel, in case the charterer or operator of the vessel is required to pay money;

h) Specific maritime dispute giving rise to the right to request the seizure of the vessel and the maximum value of that maritime dispute;

i) Anticipated loss or damage that may arise due to the request for the seizure of the vessel.

3. In the case where the person requesting the seizure of the vessel does not know all the details specified in points đ, e, and g of Clause 2 of this Article, they should record what they know about those issues.

Article 16. Submitting a Request for Seizing a Vessel to Ensure Maritime Dispute Resolution and Accompanying Documents and Evidence

The person requesting the seizure of a vessel to ensure maritime dispute resolution must submit the request and accompanying documents and evidence to the court authorized to decide on the seizure of vessels as stipulated in Clause 1 of Article 3 of this Ordinance.

Article 17. Acceptance of Requests for Seizing a Vessel to Ensure Maritime Dispute Resolution

Upon receipt of the request for seizing a vessel to ensure maritime dispute resolution and accompanying documents and evidence, the court authorized to decide on the seizure of vessels as stipulated in Clause 1 of Article 3 of this Ordinance shall record the request in the registry book. The Chief Judge of the court shall immediately assign a Judge to handle the request.

Article 18. Examination of Requests for Seizing a Vessel to Ensure Maritime Dispute Resolution

1. Within forty-eight hours from the time of receiving the request for seizing a vessel and accompanying documents and evidence, the Judge must examine the request and issue one of the following decisions:

a) Accept the request for seizing a vessel to ensure maritime dispute resolution if it is deemed that there are sufficient conditions to issue a decision to seize the vessel, requiring the requester to implement financial security measures for the vessel seizure request and the vessel seizure fee;

b) Return the request for seizing a vessel to ensure maritime dispute resolution if it is deemed that there are insufficient conditions to issue a decision to seize the vessel or the resolution of the request does not fall within the jurisdiction of that court.

2. In the case of a decision to return the request for seizing a vessel to ensure maritime dispute resolution, the court must immediately deliver or send the decision along with the request and accompanying documents and evidence to the requester.

Article 19. Appeals and Resolution of Appeals against Decisions Returning Requests for Seizing a Vessel to Ensure Maritime Dispute Resolution

1. Within twenty-four hours from the time of receiving the decision returning the request for seizing a vessel to ensure maritime dispute resolution, the requester has the right to appeal in writing to the Chief Judge of the court regarding that decision.

2. Within twenty-four hours from the time of receiving the written appeal against the decision returning the request for seizing a vessel to ensure maritime dispute resolution and accompanying documents and evidence, the Chief Judge of the court must issue one of the following decisions:

a) Maintain the decision returning the request for seizing a vessel to ensure maritime dispute resolution;

b) Revoke the decision returning the request for seizing a vessel to ensure maritime dispute resolution and retrieve the request and accompanying documents and evidence to proceed with accepting the request for seizing a vessel.

3. The decision resolving the appeal of the Chief Judge of the court is the final decision.

Article 20. Decision on Seizing a Vessel to Ensure Maritime Dispute Resolution

1. The Judge immediately issues a decision on seizing a vessel to ensure maritime dispute resolution when the requester presents receipts and certificates proving they have implemented the financial security measures for the vessel seizure request as stipulated in Clause 1 and Clause 2 of Article 5 and have paid the vessel seizure fee as stipulated in Article 6 of this Ordinance.

2. The decision on seizing a vessel to ensure maritime dispute resolution includes the following main contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Name, address, and nationality of the person requesting the seizure of the vessel;

d) Complaints about the IMO number, tonnage, and other characteristics of the vessel requested to be seized; the port where the vessel is operating maritime activities

đ) Name, nationality, IMO number, tonnage, and other characteristics of the vessel requested to be seized; the port where the vessel is operating maritime activities;

e) Name, address, and nationality of the captain;

g) Name, address, and nationality of the shipowner;

h) Name, address, and nationality of the bareboat charterer, the vessel operator;

i) The court's assessment and legal grounds for accepting the request;

k) Court decisions

3. The decision on seizing a vessel to ensure maritime dispute resolution takes immediate effect even in cases of complaints or objections.

4. The court must hand over two copies of the decision on seizing a vessel to ensure maritime dispute resolution to the Port Director for enforcement as provided for in Article 9 of this Ordinance; immediately send the decision to the same-level Procuracy; immediately deliver or send the decision to the requester; immediately send the decision to the Consular Department of the Ministry of Foreign Affairs of Vietnam in cases where the seized vessel involves foreign elements.

Article 21. Complaints, Suggestions, and Resolution of Complaints and Suggestions Regarding Decisions to Seize Vessels to Ensure Maritime Dispute Resolution

1. The captain, ship owner, bareboat charterer, or ship operator has the right to file a written complaint with the Chief Judge of the Court regarding decisions to seize vessels to ensure maritime dispute resolution. The deadline for filing a complaint is forty-eight hours from the time the captain receives the Court's decision. The same-level Procuracy has the right to submit a written suggestion to the Chief Judge of the Court regarding decisions to seize vessels to ensure maritime dispute resolution. The deadline for submitting a suggestion is forty-eight hours from the time the same-level Procuracy receives the Court's decision.

2. Within forty-eight hours from the time of receiving the written complaint or suggestion regarding the decision to seize vessels, the Chief Judge of the Court must review, resolve, and issue one of the following decisions:

a) Maintain the decision to seize vessels to ensure maritime dispute resolution;

b) Revoke the decision to seize vessels to ensure maritime dispute resolution;

3. The decision resolving complaints and suggestions by the Chief Judge of the Court is the final decision.

Article 22. Grounds for Releasing Seized Vessels to Ensure Maritime Dispute Resolution

1. Seized vessels to ensure maritime dispute resolution will be released immediately upon the occurrence of any of the following grounds:

a) After the ship owner, charterer, or ship operator implements alternative security measures or pays off the debt in full;

b) The financial obligation of the ship owner, charterer, or ship operator has been guaranteed by another party to fulfill or there is a commitment letter from a reputable insurance organization. The Ministry of Finance publishes a list of reputable insurance organizations;

c) At the request of the person who requested the seizure of the vessel;

d) The decision to seize the vessel has been revoked;

đ) The period for seizing the vessel according to the Court's decision has expired.

2. Alternative security measures are agreed upon by the parties. In cases where there is no agreement between the parties on the level and form of alternative security measures, the Court decides on the level and form of alternative security measures, but it shall not exceed the value of the seized vessel or the financial obligation that serves as the basis for the seizure of the vessel if the financial obligation is less than the value of the vessel.

Article 23. Request for Release of Seized Vessels to Ensure Maritime Dispute Resolution

1. When any of the grounds specified in points a, b, and c of Clause 1 of Article 22 of this Ordinance occur, the ship owner, charterer, ship operator, captain, person who requested the seizure of the vessel, and other related persons have the right to request the release of the seized vessel. The request for release of the vessel must be in writing.

2. The written request for release of the seized vessel includes the following main contents:

a) Date, month, year of the request document;

b) Name of the Court receiving the request document;

c) Name and address of the person requesting the release of the seized vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the seized vessel; port where the seized vessel is operating;

đ) Number, date, month, and year of the decision to seize the vessel and the Court issuing the decision;

e) Reason for requesting the release of the seized vessel;

g) Commitment of the person requesting the release of the seized vessel.

Article 24. Submitting Documents to Request Release of Seized Vessels for Maritime Dispute Resolution

The person requesting the release of a seized vessel for maritime dispute resolution shall submit the relevant documents and accompanying evidence to the Court that issued the decision to seize the vessel.

Article 25. Decision on the Release of Seized Vessels for Maritime Dispute Resolution

1. Upon receipt of the document requesting the release of a seized vessel for maritime dispute resolution, the Chief Justice of the Court shall assign a Judge to handle the matter of releasing the vessel.

2. Within twenty-four hours from the time of receiving the document requesting the release of a seized vessel for maritime dispute resolution and accompanying documents and evidence, if there is sufficient basis, the assigned Judge must consider and issue a decision to release the vessel. In cases where the request is not accepted due to lack of grounds, the Judge must notify the person requesting the release of the vessel in writing, specifying the reasons for rejecting the request.

3. The decision on the release of a seized vessel for maritime dispute resolution shall include the following main contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Legal basis for the Court's decision to release the seized vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the seized vessel, and the port where the vessel is operating;

đ) Name, address, and nationality of the shipowner;

e) Name, address, and nationality of the charterer or operator of the vessel;

g) Name, address, and nationality of the master of the vessel;

h) Reasons for releasing the seized vessel;

i) Decisions of the Court.

4. The decision on the release of a seized vessel for maritime dispute resolution takes effect immediately.

5. The Court must deliver two copies of the decision on the release of a seized vessel for maritime dispute resolution to the Port Director for enforcement in accordance with Article 9 of this Ordinance; immediately send the decision to the same-level Prosecution Office; promptly provide or send the decision to the person requesting the release of the seized vessel; immediately send the decision to the Consular Department of the Ministry of Foreign Affairs of Vietnam in cases where the released vessel has foreign elements.

Article 26. Re-Seizing Vessels for Maritime Dispute Resolution

1. A vessel seized for maritime dispute resolution that has been released or replaced with alternative security measures cannot be re-seized based on the same maritime dispute, except in the following cases:

a) The total value of the alternative security provided is still insufficient to fulfill the property obligation if the total value of such security is less than the value of the released vessel;

b) The guarantor who undertakes the property obligation on behalf of the shipowner, charterer, or operator of the vessel does not perform or cannot perform part or all of the property obligation guaranteed;

c) The release of the vessel or the cancellation of the alternative security was carried out at the request of the party requesting the seizure of the vessel based on legitimate reasons;

d) The party requesting the seizure of the vessel cannot prevent the release of the vessel or the cancellation of the security despite having taken necessary measures.

2. It shall not be considered as the release of a vessel if the release of the vessel does not have a decision from the competent Court or the vessel escapes from the place of detention, except in the cases stipulated in point d and đ of Clause 1, Article 22 of this Ordinance.

3. The procedure for re-seizing vessels for maritime dispute resolution shall be carried out according to the procedure for seizing vessels for maritime dispute resolution prescribed in this Chapter.

Chapter III

PROCEDURE FOR APPLYING AND CANCELING TEMPORARY EMERGENCY MEASURES TO SEIZE VESSELS

Article 27. Provisional Measures for the Temporary Arrest of Ships

The provisional measure for the temporary arrest of ships is a measure applied during the civil case proceedings as stipulated in Clause 13, Article 102 of the Civil Procedure Code.

Article 28. Right to Request Application of Provisional Measures for the Temporary Arrest of Ships

During the civil case proceedings, the party involved or their lawful representative has the right to request the court handling the case to apply provisional measures for the temporary arrest of ships to temporarily resolve urgent demands of the party, protect evidence, maintain the current status to prevent irreparable damage, or ensure enforcement of the judgment when it falls within one of the cases prescribed in Article 29 of this Ordinance.

Article 29. Conditions for Applying Provisional Measures for the Temporary Arrest of Ships

When there is a request to arrest a ship as provided for in Article 28 of this Ordinance, the court decides to apply provisional measures for the temporary arrest of ships in the following cases:

1. The ship is being arrested to guarantee the resolution of maritime claims where the party requesting the arrest of the ship has initiated a civil lawsuit at the court;

2. The ship owner is the person liable for property in the case currently being resolved and remains the ship owner at the time of applying provisional measures for the temporary arrest of ships;

3. The bareboat charterer, time charterer, voyage charterer, or ship operator who is the person liable for property in a civil case arising from maritime claims as prescribed in Article 11 of this Ordinance and remains the bareboat charterer, time charterer, voyage charterer, ship operator, or ship owner at the time of applying provisional measures for the temporary arrest of ships;

4. Disputes are being resolved in a case arising from the mortgage of that ship;

5. Disputes are being resolved in a case related to ownership or possession rights over that ship.

Article 30. Petition for Application of Provisional Measures for the Temporary Arrest of Ships

1. The party requesting the application of provisional measures for the temporary arrest of ships must submit a petition.

2. The petition for the application of provisional measures for the temporary arrest of ships shall include the following main contents:

a) Date of submission of the application;

b) Name of the court receiving the application;

c) Name, address, and nationality of the person requesting the seizure of the vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the ship requested to be arrested; port where the ship is operating;

đ) Name, address, and nationality of the master;

e) Name, address, and nationality of the shipowner;

g) Name, address, and nationality of the charterer or ship operator if demanding payment from the charterer or ship operator;

h) Specific disputes being resolved in the case and the maximum value of those disputes;

i) Reasons for requesting the application of provisional measures for the temporary arrest of ships;

k) Estimated losses or damages that may arise from incorrectly applying provisional measures for the temporary arrest of ships;

l) Assurance given by the party requesting the application of provisional measures for the temporary arrest of ships;

m) Number, date, and content of the court's decision to arrest the ship to guarantee the resolution of maritime claims (if applicable).

3. In cases where the party requesting the application of provisional measures does not know all the details required under points d, e, and g of Clause 2 of this Article, they should record what they know about these issues.

Article 31. Filing a Request for Application of Provisional Measures to Seize a Vessel and Attached Documents

The person requesting the application of provisional measures to seize a vessel must submit the request and attached documents to the court currently handling the case.

Article 32. Acceptance of Requests for Application of Provisional Measures to Seize a Vessel

1. Upon receipt of the request for application of provisional measures to seize a vessel and attached documents, the court currently handling the case shall record it in the registry of received requests.

2. In cases where the court currently handling the case has the authority to decide on seizing the vessel as stipulated in Clause 2 of Article 3 of this Ordinance, the request and attached documents shall be processed as follows:

a) Immediately transferred to the Judge assigned to handle the case if the court receives the request and attached documents before the trial session begins;

b) Immediately transferred to the Trial Panel currently hearing the case if the court receives the request and attached documents during the trial period.

Article 33. Examination of Requests for Application of Provisional Measures to Seize a Vessel

1. Within three days from the date of receiving the request for application of provisional measures to seize a vessel and attached documents, the Judge must examine the request and issue one of the following decisions:

a) Accept the request for application of provisional measures to seize a vessel if there are sufficient conditions to issue a decision on applying provisional measures to seize a vessel, while requiring the applicant to provide financial security for the request and pay the seizure fee within the time limit set by the court without applying the deadlines specified in Articles 5 and 6 of this Ordinance. When the applicant presents receipts and documents proving they have provided financial security and paid the seizure fee, the Judge immediately issues a decision to apply provisional measures to seize the vessel;

b) Return the request for application of provisional measures to seize a vessel if it is determined that there are insufficient conditions to issue a decision on applying provisional measures to seize a vessel.

2. After receiving the request for application of provisional measures to seize a vessel and attached documents, the Trial Panel must immediately examine and issue one of the decisions specified in Clause 1 of this Article.

3. In cases where the decision is to return the request for application of provisional measures to seize a vessel, the court must immediately issue and deliver the decision along with the request for application of provisional measures to seize a vessel and attached documents to the applicant; the Trial Panel must publicly announce the decision to return the request at the trial session and record the announcement in the trial minutes.

Article 34. Appeals, Petitions, and Resolution of Appeals and Petitions Regarding Decisions to Return Requests for Application of Provisional Measures to Seize a Vessel

1. Within three working days from the date of receiving the decision to return the request for application of provisional measures to seize a vessel, the applicant has the right to appeal in writing to the Chief Justice of the court against such decision.

2. Within three working days from the date of receiving the written appeal regarding the decision to return the request for application of provisional measures to seize a vessel and attached documents, the Chief Justice of the court must issue one of the following decisions:

a) Maintain the decision to return the request for application of provisional measures to seize a vessel;

b) Revoke the decision to return the request for application of provisional measures to seize a vessel and retrieve the request for application of provisional measures to seize a vessel and attached documents to proceed with accepting the request for vessel seizure.

3. After receiving the public announcement of the decision to return the request for application of provisional measures to seize a vessel at the trial session, the applicant has the right to appeal, and the Public Prosecutor has the right to petition the Trial Panel regarding such decision, which must be recorded in the trial minutes. The Trial Panel must immediately resolve the appeal and petition and issue one of the decisions specified in Clause 2 of this Article.

4. The decision resolving the appeal by the Chief Justice and the decision resolving appeals and petitions by the Trial Panel are final decisions.

Article 35. Decision on the Application of Provisional Emergency Measures to Seize a Vessel

1. The decision on the application of provisional emergency measures to seize a vessel must include the following main contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Name, address, and nationality of the person requesting the application of provisional emergency measures to seize a vessel;

d) Reasons for requesting the application of provisional emergency measures to seize a vessel;

đ) Name, nationality, IMO number, tonnage, and other characteristics of the seized vessel; the port where the vessel is currently operating;

e) Name, address, and nationality of the captain;

g) Name, address, and nationality of the shipowner;

h) Name, address, and nationality of the bareboat charterer, the vessel operator;

i) The court's assessment and legal grounds for accepting the request;

k) Decisions of the Court.

2. The decision on the application of provisional emergency measures to seize a vessel takes effect immediately even in cases of complaints or objections.

3. The Court shall deliver two copies of the decision on the application of provisional emergency measures to seize a vessel to the Port Director for enforcement in accordance with Article 9 of this Ordinance; send the decision immediately to the same-level People's Procuracy; provide or send the decision immediately to the person requesting the application of provisional emergency measures to seize a vessel; send the decision immediately to the Consular Department of the Ministry of Foreign Affairs of Vietnam in case the seized vessel involves foreign elements.

Article 36. Complaints, Objections, and Resolution of Complaints and Objections Regarding the Decision on the Application of Provisional Emergency Measures to Seize a Vessel

1. The captain, ship owner, charterer, and operator of the vessel have the right to file a written complaint with the Chief Judge of the Court regarding the decision on the application of provisional emergency measures to seize a vessel. The deadline for filing a complaint is three working days from the date the captain receives the Court's decision. The same-level People's Procuracy has the right to file a written objection with the Chief Judge of the Court regarding the decision on the application of provisional emergency measures to seize a vessel. The deadline for filing an objection is three working days from the date the same-level People's Procuracy receives the Court's decision.

2. Within three working days from the date of receiving the written complaint or objection against the decision on the application of provisional emergency measures to seize a vessel, the Chief Judge of the Court shall examine and resolve, and issue one of the following decisions:

a) Maintain the decision on the application of provisional emergency measures to seize a vessel;

b) Revoke the decision on the application of provisional emergency measures to seize a vessel.

3. At the trial, the resolution of complaints and objections falls within the jurisdiction of the Bench. The Bench shall examine and resolve, and issue one of the decisions provided for in Clause 2 of this Article.

4. The decision resolving complaints and objections by the Chief Judge or the Bench is the final decision.

Article 37. Grounds for Revoking the Decision on the Application of Provisional Emergency Measures to Seize a Vessel

The decision on the application of provisional emergency measures to seize a vessel shall be revoked when the conditions for applying provisional emergency measures no longer exist or at the request of the person requesting the application of provisional emergency measures to seize a vessel.

Article 38. Request to Revoke the Decision on the Application of Provisional Emergency Measures to Seize a Vessel

1. The following persons have the right to request in writing the revocation of the decision on the application of provisional emergency measures to seize a vessel:

a) The person requesting the application of provisional emergency measures to seize a vessel;

b) Ship owner, charterer, operator, captain, and other related persons when the conditions for applying provisional emergency measures to seize a vessel no longer exist.

2. The written request to revoke the provisional emergency measure to seize a vessel includes the following main contents:

a) Date, month, year of the request document;

b) Name of the Court receiving the request document;

c) Name and address of the person requesting the revocation of the decision on the application of provisional emergency measures to seize a vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the seized vessel; port where the seized vessel is operating;

đ) Number, date, month, year of the decision on the application of provisional emergency measures to seize a vessel and the Court that issued the decision;

e) Reasons for requesting the revocation of the decision on the application of provisional emergency measures to seize a vessel.

Article 39. Request for Revocation of Decision on Application of Provisional Emergency Measures to Seize a Vessel

The person requesting the revocation of the decision on application of provisional emergency measures to seize a vessel must submit the request document and accompanying materials and evidence to the Court that issued the decision on application of provisional emergency measures to seize that vessel.

Article 40. Handling of Requests for Revocation of Decisions on Application of Provisional Emergency Measures to Seize a Vessel

In cases where the Court is handling a case and receives a request for revocation of the decision on application of provisional emergency measures to seize a vessel, the request shall be handled as follows:

1. Immediately transferred to the Judge assigned to handle the case if the Court receives the request before the trial session begins;

2. Immediately transferred to the Trial Panel currently hearing the case if the Court receives the request during the trial period.

Article 41. Decision on Revocation of Decision on Application of Provisional Emergency Measures to Seize a Vessel

1. Upon receipt of the request for revocation of the decision on application of provisional emergency measures to seize a vessel and accompanying materials and evidence, the Judge assigned or the Trial Panel currently hearing the case must examine and issue a decision to revoke the decision on application of provisional emergency measures to seize the vessel if there is sufficient basis. If the request is not accepted due to insufficient basis, the Judge or the Trial Panel must notify the requester in writing of the reasons for not accepting the request.

2. The decision on revocation of the decision on application of provisional emergency measures to seize a vessel shall include the following main contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Legal basis for the Court's decision to revoke the decision on application of provisional emergency measures to seize the vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the seized vessel; port where the seized vessel is operating;

đ) Number, date, month, year of the decision on the application of provisional emergency measures to seize a vessel and the Court that issued the decision;

e) Name, address, and nationality of the shipowner;

g) Name, address, and nationality of the ship charterer and ship operator;

h) Name, address, and nationality of the captain;

i) Reason for revoking the decision on application of provisional emergency measures to seize the vessel;

k) Decisions of the Court.

3. The decision on revocation of the decision on application of provisional emergency measures to seize a vessel takes effect immediately.

4. The Court must deliver two copies of the decision on revocation of the decision on application of provisional emergency measures to seize a vessel to the Port Director for enforcement in accordance with Article 9 of this Ordinance; immediately send the decision to the same-level Prosecution Office; immediately provide or send the decision to the requester of the revocation of the decision on application of provisional emergency measures to seize a vessel; immediately send the decision to the Consular Department of the Ministry of Foreign Affairs of Vietnam in cases where the seized vessel is released with foreign elements.

Article 42. Application of Provisional Emergency Measures to Seize a Vessel in Cases Handled by Arbitration

During the arbitration process in resolving disputes, the party or their authorized representative has the right to request the Court with jurisdiction as stipulated in Clause 2, Article 3 of this Ordinance to decide on the application of provisional emergency measures to seize a vessel. The procedure for deciding on the application of provisional emergency measures to seize a vessel is carried out in accordance with the provisions of this Chapter.

Chapter IV

PROCEDURE FOR SEIZING AND RELEASING A VESSEL FOR ENFORCEMENT OF JUDGMENTS

Article 43. Right to Request Seizure of a Vessel for Enforcement of Judgments

Through the competent civil enforcement agency, the judgment creditor under Vietnamese civil enforcement law has the right to request the Court with jurisdiction as stipulated in Clause 1, Article 3 of this Ordinance to decide on the seizure of a vessel for enforcement of judgments.

Article 44. Conditions for Seizing Ships to Enforce Judgments

1. When there is a request to seize ships to enforce judgments as stipulated in Article 43 of this Ordinance, the Court shall decide to seize the ship in the following cases:

a) The ship owner is the person subject to enforcement of a monetary judgment and remains the ship owner at the time of seizure;

b) The bareboat charterer, time charterer, voyage charterer, or ship operator is the person subject to enforcement of a monetary judgment in a civil case arising from maritime claims as stipulated in Article 11 of this Ordinance and remains the bareboat charterer, time charterer, voyage charterer, ship operator, or ship owner at the time of seizure;

c) The obligation to enforce a monetary judgment is secured by mortgaging the ship;

d) The obligation to enforce a judgment is to return the ship to the person entitled to enforcement.

2. The Court shall only decide to seize the ship to enforce a judgment when the civil enforcement agency cannot apply measures such as asset attachment or other coercive measures to enforce the judgment, except in the cases specified in points c and d of Clause 1 of this Article or when the person subject to enforcement is abroad and has no assets in Vietnam.

Article 45. Request for Seizing Ships to Enforce Judgments

1. The person requesting the seizure of a ship to enforce a judgment must submit a request accompanied by a copy of the court judgment or decision or a copy of the arbitration decision.

2. The request for seizing a ship to enforce a judgment shall include the following main contents:

a) Date of submission of the application;

b) Name of the civil enforcement agency receiving the application;

c) Name, address, and nationality of the person requesting the seizure of the vessel;

d) The name, nationality, IMO number, tonnage, and other characteristics of the ship requested to be seized, and the port where the ship is currently operating;

đ) Name, address, and nationality of the master;

e) Name, address, and nationality of the shipowner;

g) The name, address, and nationality of the bareboat charterer or ship operator in cases where payment from the bareboat charterer or ship operator is sought;

h) The monetary obligation to be enforced according to the court judgment or decision or the arbitration decision;

i) The reasons for requesting the seizure of the ship;

k) An estimate of potential losses or damages that may arise from wrongful seizure of the ship.

3. In cases where the person requesting the seizure of a ship to enforce a judgment does not know all the details required under points d, e, and g of Clause 2 of this Article, they should record what they know about those issues.

Article 46. Submission of Requests for Seizing Ships to Enforce Judgments and Related Documents and Evidence

The person requesting the seizure of a ship to enforce a judgment must submit the request and related documents and evidence to the competent civil enforcement agency to transfer them to the Court with jurisdiction as stipulated in Clause 1 of Article 3 of this Ordinance.

Article 47. Acceptance of Requests for Seizing Ships to Enforce Judgments

1. Upon receipt of the request for seizing a ship to enforce a judgment and related documents and evidence, the civil enforcement agency must record the request in its logbook and issue a document transferring the request, documents, and evidence to the Court with jurisdiction to decide on the seizure of the ship as stipulated in Clause 1 of Article 3 of this Ordinance. The transfer document must clearly state the reasons why asset attachment or other coercive measures cannot be applied to enforce the judgment.

2. Upon receipt of the transfer document from the civil enforcement agency along with the request for seizing a ship to enforce a judgment and related documents and evidence, the Court with jurisdiction to decide on the seizure of the ship as stipulated in Clause 1 of Article 3 of this Ordinance must record the request in its logbook. The Chief Judge of the Court shall immediately assign a Judge to handle the request.

Article 48. Consideration of Applications for Seizing Vessels to Enforce Judgments

1. Within forty-eight hours from the time of receiving the documents specified in Clause 2 of Article 47 of this Ordinance, the Judge must consider the application and issue one of the following decisions:

a) Accept the application for seizing vessels to enforce judgments if it is found that there are sufficient conditions to issue a decision to seize vessels, requiring the applicant to implement financial security measures for the seizure of vessels and the vessel seizure fee, except in cases where financial security measures need not be implemented;

b) Return the application for seizing vessels to enforce judgments if it is found that there are insufficient conditions to issue a decision to seize vessels or the resolution of the application does not fall within the jurisdiction of that court.

2. In the case of a decision to return the application for seizing vessels to enforce judgments, the court must send the decision to the competent civil enforcement agency; immediately deliver or send the decision along with the application and accompanying documents and evidence to the applicant.

Article 49. Appeals, Petitions, and Resolution of Appeals and Petitions on Decisions Returning Applications for Seizing Vessels to Enforce Judgments

1. Within twenty-four hours from the time of receiving the decision to return the application for seizing vessels to enforce judgments, the applicant has the right to appeal, and the competent civil enforcement agency has the right to petition the Chief Justice of the Court regarding that decision. Appeals and petitions must be in writing.

2. Within twenty-four hours from the time of receiving the written appeal, petition against the decision to return the application for seizing vessels to enforce judgments and accompanying documents and evidence, the Chief Justice of the Court must issue one of the following decisions:

a) Maintain the decision to return the application for seizing vessels to enforce judgments;

b) Revoke the decision to return the application for seizing vessels to enforce judgments and retrieve the application and accompanying documents and evidence to proceed with accepting the vessel seizure matter.

3. The decision resolving appeals and petitions by the Chief Justice is the final decision.

Article 50. Decision to Seize Vessels to Enforce Judgments

1. The Judge immediately issues a decision to seize vessels to enforce judgments when the applicant presents receipts and certificates proving they have implemented the financial security measures for the seizure of vessels as stipulated in Clauses 1 and 2 of Article 5, except in cases where financial security measures need not be implemented and the vessel seizure fee as stipulated in Article 6 of this Ordinance has been paid.

2. The decision to seize vessels to enforce judgments includes the following main contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Name, address, and nationality of the person applying to seize vessels to enforce judgments;

d) Reason for requesting the seizure of vessels to enforce judgments;

đ) Name of the competent civil enforcement agency authorized to enforce the judgment;

e) Name, nationality, IMO number, tonnage, and other characteristics of the vessel requested to be seized, and the maritime port where the vessel is operating;

g) Name, address, and nationality of the master of the vessel;

h) Name, address, and nationality of the shipowner;

i) Name, address, and nationality of the bareboat charterer, vessel operator;

k) The Court's assessment and legal grounds for accepting the application;

l) The Court's decisions.

3. The decision to seize vessels to enforce judgments takes effect immediately even in cases of appeals or petitions.

4. The court must hand over two copies of the decision to seize vessels to enforce judgments to the Port Director for execution in accordance with Article 9 of this Ordinance; immediately send the decision to the same-level Procuracy; immediately deliver or send the decision to the applicant for seizing vessels to enforce judgments, the competent civil enforcement agency; immediately send the decision to the Consular Department of the Ministry of Foreign Affairs of Vietnam in cases where the seized vessel involves foreign elements.

Article 51. Complaints, Suggestions and Resolution of Complaints and Suggestions on Decisions to Seize Ships for Enforcement of Judgments

1. The ship owner, ship charterer, ship operator, and captain have the right to file a written complaint with the Chief Judge of the Court regarding the decision to seize ships for enforcement of judgments. The deadline for filing a complaint is forty-eight hours from the time the captain receives the Court's decision. The same-level Procuracy has the right to file a written suggestion with the Chief Judge of the Court regarding the decision to seize ships for enforcement of judgments. The deadline for filing a suggestion is forty-eight hours from the time the same-level Procuracy receives the Court's decision.

2. Within forty-eight hours from the time of receiving the written complaint or suggestion regarding the decision to seize ships for enforcement of judgments, the Chief Judge of the Court must examine and resolve and issue one of the following decisions:

a) Maintain the decision to seize ships for enforcement of judgments;

b) Revoke the decision to seize ships for enforcement of judgments.

3. The decision resolving complaints and suggestions by the Chief Judge of the Court is the final decision.

Article 52. Grounds for Releasing Ships that are Seized for Enforcement of Judgments

1. Ships that are seized for enforcement of judgments will be released immediately upon the occurrence of any of the following grounds:

a) After the ship owner, ship charterer, or ship operator who is the judgment debtor has implemented alternative security measures or has completed their obligation under the judgment;

b) The property obligation of the ship owner, ship charterer, or ship operator has been guaranteed by another person or by a letter of commitment from a reputable insurance organization;

c) At the request of the person who requested the seizure of the ship.

2. Alternative security measures are agreed upon by the parties. In cases where there is no agreement between the parties on the level and form of alternative security measures, the Court decides on the level and form of alternative security measures, but it shall not exceed the value of the seized vessel or the financial obligation that serves as the basis for the seizure of the vessel if the financial obligation is less than the value of the vessel.

Article 53. Request for Release of Ships that are Seized for Enforcement of Judgments

1. When any of the grounds stipulated in Clause 1 of Article 52 of this Ordinance occur, the ship owner, ship charterer, ship operator, captain, and other related persons must submit a written request for the release of ships that are seized for enforcement of judgments.

2. The written request for release of the seized vessel includes the following main contents:

a) Date, month, year of the request document;

b) Name of the Court receiving the request document;

c) Name and address of the person requesting the release of the seized vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the seized vessel; port where the seized vessel is operating;

đ) Number, date, month, and year of the decision to seize the vessel and the Court issuing the decision;

e) Reason for requesting the release of ships that are seized.

Article 54. Submission of Written Requests for Release of Ships that are Seized for Enforcement of Judgments

The person requesting the release of ships that are seized for enforcement of judgments must submit the written request and accompanying documents and evidence to the Court that issued the decision to seize the ship.

Article 55. Decision on the Release of Ships that are Seized for Enforcement of Judgments

1. Immediately upon receipt of the written request for the release of ships that are seized for enforcement of judgments, the Chief Judge of the Court assigns a Judge to handle the matter of releasing ships that are seized.

2. Within twenty-four hours from the time of receiving the written request for the release of ships that are seized for enforcement of judgments and accompanying documents and evidence, the Judge must examine and issue a decision to release ships that are seized if there is sufficient basis. In cases where the request is not accepted due to lack of basis, the Judge must notify the person requesting the release of ships that are seized in writing, specifying the reasons for not accepting the request for the release of ships that are seized.

3. The decision on the release of ships that are seized for enforcement of judgments shall include the following main contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Legal basis for the Court's decision to release the seized vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the ships that are seized and released; port where the seized ships are released;

đ) Name, address, and nationality of the shipowner;

e) Name, address, and nationality of the charterer or operator of the vessel;

g) Name, address, and nationality of the master of the vessel;

h) Reasons for releasing ships that are seized;

i) Decisions of the Court.

4. The decision on the release of ships that are seized for enforcement of judgments takes effect immediately.

5. The Court must hand over two copies of the decision on the release of ships that are seized for enforcement of judgments to the Port Director for execution according to Article 9 of this Ordinance; immediately send the decision to the same-level Procuracy; provide or immediately send the decision to the person requesting the release of ships that are seized for enforcement of judgments, competent civil enforcement agency; immediately send the decision to the Consular Department of the Ministry of Foreign Affairs of Vietnam in case the seized ships that are released involve foreign elements.

Chapter V

PROCEDURES FOR SEIZING AND RELEASING SHIPS FOR ENFORCEMENT OF MUTUAL LEGAL ASSISTANCE

Section 1

COMMISSIONING FOREIGN COURTS TO SEIZE SHIPS

Article 56. Judicial Entrustment for Seizing Vessels to Foreign Courts

1. During the process of adjudicating cases at courts or resolving disputes at arbitration tribunals, if there is a request to seize vessels, the competent court of Vietnam as prescribed in Clause 2 of Article 3 of this Ordinance shall entrust judicial matters to the competent foreign court to seize the vessel.

2. The Vietnamese court shall entrust judicial matters to a foreign court to seize vessels in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party, or on the principle of reciprocity.

Article 57. Content of Judicial Entrustment Documents

The judicial entrustment document for seizing vessels shall contain the following main contents:

1. Date, month, year, and place of issuance of the judicial entrustment document;

2. Name and address of the Vietnamese court entrusting judicial matters;

3. Name and address of the foreign court executing judicial entrustment;

4. Name, nationality, IMO number, tonnage, and other characteristics of the vessel requested to be seized; the port where the vessel is currently operating;

5. Name, address, and nationality of the shipowner;

6. Name, address, and nationality of the charterer or operator of the vessel;

7. Reason for the judicial entrustment to seize the vessel;

8. Duration of the vessel's seizure;

9. Person responsible for losses or damages caused by wrongful seizure of the vessel.

Article 58. Procedure for Judicial Entrustment Regarding Seizure of Vessels

1. The competent court of Vietnam that entrusts judicial matters to a foreign court to seize vessels must prepare an entrustment dossier and submit it to the Ministry of Justice of Vietnam. The judicial entrustment dossier must include the following documents:

a) Document from the competent Vietnamese court requesting judicial assistance for vessel seizure;

b) Judicial entrustment document for vessel seizure;

c) Other documents as required by the competent court of the entrusted country.

2. Within ten working days from the date of receipt of the judicial entrustment dossier for vessel seizure, the Ministry of Justice shall record the entrustment in the judicial entrustment register, verify the validity of the dossier, and transfer it to the competent foreign court according to the provisions of international treaties to which the Socialist Republic of Vietnam and the foreign country are parties, or through diplomatic channels. If the dossier is invalid, the Ministry of Justice shall return it to the court that prepared the dossier and specify the reasons.

3. Within five working days from the date of receipt of the document from the competent foreign court notifying the results of the judicial entrustment execution, the Ministry of Justice shall transfer the document to the competent Vietnamese court that submitted the judicial entrustment dossier for vessel seizure.

Section 2

JUDICIAL ENTRUSTMENT OF FOREIGN COURTS TO SEIZE VESSELS

Article 59. Principles of Judicial Assistance for Seizing Vessels

1. Judicial assistance for seizing vessels between Vietnamese courts and foreign courts shall be carried out based on the principles of respecting independence, sovereignty, territorial integrity, non-interference in each other's internal affairs, equality, mutual benefit, compliance with international treaties to which the Socialist Republic of Vietnam is a party, and compliance with Vietnamese laws.

2. In cases where the Socialist Republic of Vietnam and a foreign country have not signed or joined an international treaty providing for judicial assistance for seizing vessels, judicial assistance for seizing vessels may be accepted by Vietnamese courts on the principle of reciprocity, but it must not contravene Vietnamese laws, international laws, and international customs.

Article 60. Principles for Implementing Judicial Commission Regarding Seizure of Vessels

1. The Vietnamese court shall implement judicial commission from foreign courts regarding the seizure of vessels in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member or based on the principle of reciprocity.

2. The Vietnamese court shall not accept the implementation of judicial commission from foreign courts regarding the seizure of vessels in the following cases:

a) The implementation of judicial commission regarding the seizure of vessels infringes upon the sovereignty of Vietnam or threatens the security of Vietnam;

b) The implementation of judicial commission regarding the seizure of vessels falls outside the jurisdiction of the Vietnamese court.

Article 61. Procedures for Judicial Commission Regarding Seizure of Vessels

1. The judicial commission from a foreign court to the Vietnamese court regarding the seizure of vessels must be documented in writing and sent to the Ministry of Justice of Vietnam in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member or in accordance with Vietnamese law.

2. Upon receipt of the judicial commission document regarding the seizure of vessels, the Ministry of Justice of Vietnam must immediately transfer it to the Vietnamese court with authority to decide on the seizure of vessels as stipulated in Clause 1 of Article 3 of this Ordinance.

Article 62. Judicial Commission Document Regarding Seizure of Vessels

The judicial entrustment document for seizing vessels shall contain the following main contents:

1. Date, month, year, and place of issuance of the judicial entrustment document;

2. Name and address of the foreign court issuing the judicial commission;

3. Name and address of the Vietnamese court implementing the judicial commission;

4. Name, nationality, IMO number, tonnage, and other characteristics of the vessel requested to be seized; the port where the vessel is currently operating;

5. Name, address, and nationality of the shipowner;

6. Name, address, and nationality of the vessel charterer and vessel operator;

7. Reason for the judicial entrustment to seize the vessel;

8. Duration of the vessel's seizure;

9. Person responsible for losses or damages caused by wrongful seizure of the vessel.

Article 63. Receipt of Judicial Commission Document Regarding Seizure of Vessels

1. Immediately upon receipt of the judicial commission document regarding the seizure of vessels and accompanying documents and evidence, the Ministry of Justice of Vietnam must record it in a logbook and issue a document transferring the judicial commission document regarding the seizure of vessels and accompanying documents and evidence to the court with authority to decide on the seizure of vessels as stipulated in Clause 1 of Article 3 of this Ordinance.

2. Immediately upon receipt of the judicial commission document regarding the seizure of vessels and accompanying documents and evidence, the court with authority to decide on the seizure of vessels as stipulated in Clause 1 of Article 3 of this Ordinance must record it in the logbook of received petitions. The Chief Judge of the court shall immediately assign a Judge to handle the judicial commission document regarding the seizure of vessels.

Article 64. Examination of Judicial Commission Document Regarding Seizure of Vessels

1. Within forty-eight hours from the time of receiving the judicial commission document regarding the seizure of vessels and accompanying documents and evidence, the Judge must examine and issue one of the following decisions:

a) Accept the judicial commission document regarding the seizure of vessels if it is deemed to comply with the principles of judicial assistance and the principles for implementing judicial commission regarding the seizure of vessels;

b) Return the judicial commission document regarding the seizure of vessels if it is deemed to violate the principles of judicial assistance or the principles for implementing judicial commission regarding the seizure of vessels, or if handling the judicial commission document regarding the seizure of vessels falls outside the jurisdiction of that court.

2. In the case of a decision to return the judicial commission document regarding the seizure of vessels, the court must immediately send that decision along with the judicial commission document regarding the seizure of vessels and accompanying documents and evidence to the Ministry of Justice of Vietnam to inform the foreign court.

Article 65. Decision to Arrest Foreign Vessels Pursuant to Judicial Commission from Foreign Courts

1. The judge shall issue a decision to arrest foreign vessels pursuant to judicial commission from foreign courts immediately after the person requesting the arrest has presented the receipt and evidence proving that they have implemented the financial guarantee measures for the vessel arrest request as stipulated in Clause 1 and Clause 2 of Article 5 and have paid the vessel arrest fee as prescribed in Article 6 of this Ordinance in Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise.

2. The decision to arrest foreign vessels pursuant to judicial commission from foreign courts must include the following main contents:

a) Date of issuance of the decision;

b) Name of the Vietnamese court issuing the decision;

c) Name of the foreign court entrusting the judicial commission;

d) Name, address, and nationality of the person requesting the arrest of the foreign vessel pursuant to judicial commission from foreign courts;

đ) Reason for requesting the arrest of the vessel;

e) Name, nationality, IMO number, tonnage, and other characteristics of the vessel subject to arrest; port where the vessel is currently operating;

g) Name, address, and nationality of the master of the vessel;

h) Name, address, and nationality of the shipowner;

i) Name, address, and nationality of the ship charterer, ship operator;

k) The court's assessment and legal grounds for accepting the judicial commission document regarding the arrest of the vessel;

l) The Court's decisions.

3. The decision to arrest foreign vessels pursuant to judicial commission from foreign courts takes effect immediately even in cases of appeal or objection.

4. The court must hand over two copies of the decision to arrest foreign vessels pursuant to judicial commission from foreign courts to the Port Director for enforcement in accordance with Article 9 of this Ordinance; and immediately send the decision to the Ministry of Justice and the same-level Procuracy.

Article 66. Appeals, Objections, and Resolution of Appeals and Objections on Decisions to Arrest Foreign Vessels Pursuant to Judicial Commission from Foreign Courts

1. The captain, ship owner, ship charterer, and ship operator have the right to file a written appeal with the Chief Judge of the Court regarding the decision to arrest foreign vessels pursuant to judicial commission from foreign courts. The appeal period is forty-eight hours from the time the captain receives the court's decision.

The same-level Procuracy has the right to file a written objection with the Chief Judge of the Court regarding the decision to arrest foreign vessels pursuant to judicial commission from foreign courts. The objection period is forty-eight hours from the time the same-level Procuracy receives the court's decision.

2. Within forty-eight hours from the time of receiving the appeal or objection as stipulated in Clause 1 of this Article, the Chief Judge of the Court must review and resolve, and issue one of the following decisions:

a) Maintain the decision to arrest foreign vessels pursuant to judicial commission from foreign courts.

b) Revoke the decision to arrest foreign vessels pursuant to judicial commission from foreign courts.

3. The decision resolving complaints and suggestions by the Chief Judge of the Court is the final decision.

Article 67. Grounds for Release of Vessels Under Judicial Commission

A vessel under arrest pursuant to judicial commission will be released immediately upon the occurrence of any of the following grounds:

1. The decision to arrest the vessel is revoked.

2. The term of arrest of the vessel as decided by the court has expired.

3. At the request of the foreign court that entrusted the arrest of the vessel.

Article 68. Request for Release of Vessels Under Judicial Commission

In the case stipulated in Clause 3 of Article 67 of this Ordinance, the foreign court must issue a document requesting the release of the vessel. The document requesting the release of the vessel under judicial commission must include the following main contents:

1. Date, month, year, and place of issuance of the release request document;

2. Name and address of the foreign court requesting the release of the vessel under arrest;

3. Name of the Vietnamese court receiving the release request document;

4. Name, nationality, IMO number, tonnage, and other characteristics of the vessel under arrest; port where the arrested vessel is currently operating;

5. Number, date, month, and year of the arrest decision and the court that issued it;

6. Reason for requesting the release of the vessel under arrest.

Article 69. Sending a document requesting the release of a ship detained under judicial assistance

The foreign court sends a document requesting the release of a ship detained under judicial assistance and accompanying documents and evidence to the Ministry of Justice of Vietnam for the Ministry of Justice to transfer to the court that issued the decision to detain the ship.

Article 70. Decision on the release of a ship detained under judicial assistance

1. Upon receipt of the document requesting the release of a ship detained under judicial assistance, the Chief Judge assigns a Judge to handle the matter of releasing the ship detained under judicial assistance.

2. Within twenty-four hours from the time of receiving the document requesting the release of a ship detained under judicial assistance and accompanying documents and evidence, the assigned Judge must review and issue a decision to release the ship if there is sufficient basis. In case of rejection due to lack of basis, the Judge must notify the person requesting the release of the ship in writing, specifying the reasons for not accepting the request for the release of the ship under judicial assistance.

3. The decision on the release of a ship detained under judicial assistance shall include the following main contents:

a) Date of issuance of the decision;

b) Name of the Vietnamese court issuing the decision;

c) Legal basis for the Court's decision to release the seized vessel;

d) Name, nationality, IMO number, tonnage, and other characteristics of the released ship; port where the detained ship is released;

đ) Name, address, and nationality of the shipowner;

e) Name, address, and nationality of the charterer or operator of the vessel;

g) Name, address, and nationality of the master of the vessel;

h) Reasons for releasing ships that are seized;

i) Decisions of the Court.

4. The decision on the release of a ship detained under judicial assistance by a foreign court takes effect immediately.

5. The court must hand over two copies of the decision on the release of a ship detained under judicial assistance by a foreign court to the Port Director for enforcement in accordance with Article 9 of this Ordinance; immediately send the decision to the Ministry of Justice and the same-level Procuracy.

Chapter VI

IMPLEMENTING PROVISIONS

Article 71. Effective Date

This Ordinance takes effect from July 1, 2009.

Article 72. Guidance on Implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and duties are responsible for guiding the implementation of this Ordinance./.