Ordinance No. 05/2008/UBTVQH12 on Seizing Maritime Vessels

ORDINANCE

PROCEDURE FOR SEIZING SHIPS

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;
Pursuant to Resolution No. 11/2007/QH12 on the Program for Legislative Work in 2008;
The Standing Committee of the National Assembly promulgates this Ordinance on the procedure for seizing ships.

Chapter 1 GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the authority, procedures, and steps for seizing ships to ensure the resolution of maritime disputes, the application of provisional measures, the enforcement of civil judgments, the execution of judicial assistance, and the authority, procedures, and steps 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 disputes, the application of provisional measures, the enforcement of civil judgments, and judicial assistance that may result in the right to seize ships.

1. The People's Court of the province or centrally administered city (hereinafter referred to as the Provincial People's Court) where there is a seaport or inland waterway port (hereinafter referred to as the port) at 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 disputes, the enforcement of civil judgments, and the execution of judicial assistance from foreign courts. In cases where the port includes several wharves located within the jurisdiction of different provinces or centrally administered cities, the Provincial People's Court where the wharf at which the ship subject to seizure is operating has the authority to decide on the seizure of such ship.

2. The People's Court 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 to seize the ship.

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 the ship in cases where there is a dispute over jurisdiction among the Provincial People's Courts.

Article 4. Liability for Improper Requests for Seizing Ships

1. The person requesting the seizure of the ship shall bear responsibility under the law for their request. If the improper request for the seizure of the ship causes damage, the person requesting the seizure of the ship must compensate for the damage.

2. Any damage arising from the consequences of an improper request for the seizure of the 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 it in accordance with the law.

3. If the court issues a decision to seize the ship improperly based on the request for the seizure of the 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 for Seizing Ships

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

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

b) Depositing a sum of money, precious metals, precious stones, or negotiable instruments into a frozen account at the bank where the court with the authority to decide on the seizure of the ship is located, within the latest forty-eight hours from the time of receiving the decision. In cases where the financial guarantee measure for the request to seize the ship is implemented on a weekend or public holiday, the security asset will be temporarily held at the court; the court will only accept the deposit and proceed to seal and store the amount or negotiable instrument. On the next working day, the person requesting the seizure of the ship must deposit the asset 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 loss or damage that may arise from the consequences of an improper request for the seizure of the ship.

3. When deciding to release a ship that is being seized, the Judge must consider the financial guarantee measure for the request to seize the ship as 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 measure for the request to seize the ship if it is deemed that the request for the seizure of the 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 the request to seize the ship if it is deemed that the request for the seizure of the 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 the request to seize the ship if it is deemed that the request for the seizure of the 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 execution of civil judgments, and the implementation of judicial entrustment 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 lawful.

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

1. Along with the request for seizing 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 seizing the maritime vessel or releasing the seized maritime vessel is based on grounds and is lawful.

2. In cases where the documents and evidence proving the request for seizing a maritime vessel or releasing 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 consularly, 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, Decisions to Release Seized Maritime Vessels

1. Immediately upon issuing a decision to seize a maritime vessel or a decision to 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 the decision to release the seized maritime vessel according to the law and hand over one copy to the shipmaster for execution. If the court officer cannot reach the port within the aforementioned period, the decision may be sent via fax or email according to the provisions of 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 have the responsibility to cooperate in implementing the decision to seize a maritime vessel when requested by the Director of the Port Management Authority and are subject to the coordination in implementing the decision to seize a maritime vessel by the Director of the Port Management Authority. The Vietnam Coast Guard has the responsibility to cooperate in implementing the decision to seize a maritime vessel when requested by the Director of the Port Management Authority.

4. During the period the maritime vessel is seized, the shipowner, charterer, and operator of the vessel are responsible for maintaining the operation of the maritime vessel.

5. The Government shall specify the implementation of the Court's decision 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

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/she shall immediately notify the civil enforcement agency so that this agency can carry out the civil enforcement proceedings.

2. The Master shall be responsible for notifying the shipowner, the charterer, the operator of the ship, and those with related interests about the arrest or release of the ship.

Chapter 2

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:

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

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

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

4. Salvage remuneration for the ship;

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

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

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 preserving an abandoned ship and costs for the crew of the ship;

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

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

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

11. General average;

12. Towage of the ship;

13. Use of marine pilots;

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

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

16. Payments made on behalf of the shipowner;

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

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

19. Disputes over ownership of the ship;

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

21. Ship mortgages;

22. Disputes arising from ship purchase and sale contracts.

Article 12. Right to Request Seizure of Vessels to Ensure Settlement of Maritime Claims

The person with maritime claims as stipulated in Article 11 of this Ordinance has the right to request the competent court as prescribed in Clause 1 of Article 3 of this Ordinance to decide on the seizure of vessels to ensure the settlement of maritime claims.

Article 13. Conditions for Seizing Vessels to Ensure Settlement of Maritime Claims

1. When there is a request for the seizure of vessels to ensure the settlement of maritime claims as prescribed 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 claim at the time the maritime claim arises and remains the shipowner at the time of the vessel's seizure;

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

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

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

đ) This maritime claim is secured by a maritime lien relating to that vessel.

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

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

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

3. The provisions of Clause 2 of this Article shall not apply to maritime claims related to the ownership of vessels.

Article 14. Time Limit for Seizing Vessels to Ensure Settlement of Maritime Claims

1. The maximum period for seizing vessels to ensure the settlement of maritime claims is thirty days from the date the vessel is seized.

2. During the period the vessel is seized to ensure the settlement of maritime claims, if the person requesting the seizure of the vessel commences a lawsuit before the court or requests arbitration to resolve disputes and continues to request the seizure of the vessel, the period for seizing the vessel to ensure the settlement of maritime claims 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 Settlement of Maritime Claims

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

2. The petition for seizing vessels to ensure the settlement of maritime claims 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 claim giving rise to the right to request the seizure of the vessel and the maximum value of that maritime claim;

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

3. In case the person requesting the seizure of the vessel does not know accurately all the contents prescribed in points đ, e, and g of Clause 2 of this Article, they shall record what they know relevant to those issues.

Article 16. Submitting a Request for Seizure of 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 Seizure of Vessels to Ensure Maritime Dispute Resolution

Upon receipt of the request for seizure of 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 Seizure of Vessels to Ensure Maritime Dispute Resolution

1. Within forty-eight hours from the time of receiving the request for seizure of 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 seizure of 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 applicant to implement financial security measures for the vessel seizure request and the vessel seizure fee;

b) Return the request for seizure of 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 seizure of 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 applicant.

Article 19. Appeals and Resolution of Appeals against Decisions Returning Requests for Seizure of Vessels to Ensure Maritime Dispute Resolution

1. Within twenty-four hours from the time of receiving the decision returning the request for seizure of a vessel to ensure maritime dispute resolution, the applicant 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 seizure of 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 to return the request for seizure of a vessel to ensure maritime dispute resolution;

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

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

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

1. The Judge immediately issues a decision on the seizure of a vessel to ensure maritime dispute resolution when the applicant 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 the seizure of 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) The maritime appeal giving rise to the right to request the court to seize the vessel;

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

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

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

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

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

k) Court decisions;

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

4. The court must hand over two copies of the decision on the seizure of a vessel to ensure maritime dispute resolution 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 vessel seizure; 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 Ships to Ensure Maritime Dispute Resolution

1. The captain, ship owner, bareboat charterer, and ship operator have the right to submit a written complaint to the Chief Judge of the Court regarding decisions to seize ships to ensure maritime dispute resolution. The deadline for complaints is forty-eight hours from the time the captain receives the court's decision. The same-level Procurator has the right to submit a written suggestion to the Chief Judge of the Court regarding decisions to seize ships to ensure maritime dispute resolution. The deadline for suggestions is forty-eight hours from the time the same-level Procurator 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, the Chief Judge of the Court must review, resolve, and issue one of the following decisions:

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

b) Revoke the decision to seize ships 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 Ships Seized to Ensure Maritime Dispute Resolution

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

a) After the ship owner, bareboat charterer, or ship operator implement alternative security measures or pay off the debt in full;

b) The financial obligation of the ship owner, bareboat charterer, or ship operator has been guaranteed by another party to fulfill or there is a letter of commitment 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 ship;

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

đ) The period for seizing the ship according to the court's decision has expired.

2. Alternative security measures are agreed upon by the parties. In cases where the parties do not agree 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 ship or the financial obligation that serves as the basis for the seizure of the ship when the financial obligation is less than the value of the ship.

Article 23. Request for Release of Ships Seized 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, bareboat charterer, ship operator, captain, the person who requested the seizure of the ship, and other related persons have the right to request the release of the seized ship. The request for release of the ship must be made in writing.

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

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

b) Name of the court receiving the request;

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

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

đ) Number, date, month, year of the decision to seize the ship and the court issuing the decision;

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

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

Article 24. Sending 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 document along with accompanying evidence and materials 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 evidence and materials, if there is sufficient basis, the assigned Judge must review 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 seized 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) Reason 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 according to Article 9 of this Ordinance; immediately send the decision to the same-level Prosecution Office; provide or immediately 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. A vessel is not considered released if its release lacks a valid decision from the competent Court or if it escapes from the place of detention, except in the cases stipulated in points 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 3

 PROCEDURES FOR APPLYING AND CANCELING TEMPORARY EMERGENCY MEASURES TO SEIZE VESSELS

Article 27. Temporary Emergency Measures for Seizing Vessels

Temporary emergency measures for seizing vessels are measures 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 Temporary Emergency Measures for Seizing Vessels

During the civil case proceedings, the parties or their legitimate representatives have the right to request the court handling the case to apply temporary emergency measures for seizing vessels to temporarily address urgent demands of the party, protect evidence, maintain the current status to prevent irreparable damage, or ensure enforcement of the judgment when such measures fall within the cases prescribed in Article 29 of this Ordinance.

Article 29. Conditions for Applying Temporary Emergency Measures for Seizing Vessels

When there is a request to seize a vessel as provided for in Article 28 of this Ordinance, the court decides to apply temporary emergency measures for seizing vessels in the following cases:

1. The vessel is being seized to guarantee the resolution of maritime claims where the party requesting the seizure has initiated a civil lawsuit at the court;

2. The shipowner is a party with financial obligations in the ongoing case and remains the shipowner at the time of applying temporary emergency measures for seizing the vessel;

3. The bareboat charterer, time charterer, voyage charterer, or operator of the vessel is a party with financial obligations arising from maritime claims as stipulated in Article 11 of this Ordinance and remains the bareboat charterer, time charterer, voyage charterer, operator, or shipowner at the time of applying temporary emergency measures for seizing the vessel;

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

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

Article 30. Petition for Application of Temporary Emergency Measures for Seizing Vessels

1. The party requesting the application of temporary emergency measures for seizing vessels must submit a petition.

2. The petition for application of temporary emergency measures for seizing vessels 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 vessel requested to be seized; port where the vessel is currently operating;

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

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

g) Name, address, and nationality of the bareboat charterer, operator of the vessel in the case of demanding payment from the bareboat charterer, operator;

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

i) Reasons for requesting the application of temporary emergency measures for seizing the vessel;

k) Estimated losses or damages that may arise from improperly requesting the application of temporary emergency measures for seizing the vessel;

l) Assurance given by the party requesting the application of temporary emergency measures for seizing the vessel;

m) Number, date, month, year, and content of the court's decision to seize the vessel to guarantee the resolution of maritime claims (if any).

3. In cases where the party requesting the application of temporary emergency 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 those issues.

Article 31. Submission of Applications for Interim Measures to Arrest Vessels and Attached Documents

The person requesting the application of interim measures to arrest vessels must submit the application and attached documents to the court currently handling the case.

Article 32. Acceptance of Applications for Interim Measures to Arrest Vessels

1. Upon receipt of the application for interim measures to arrest vessels and attached documents, the court currently handling the case shall record it in the registry of received applications.

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

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

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

Article 33. Examination of Applications for Interim Measures to Arrest Vessels

1. Within three days from the date of receipt of the application for interim measures to arrest vessels and attached documents, the Judge must examine the application and issue one of the following decisions:

a) Accept the application for interim measures to arrest vessels if there are sufficient conditions to issue a decision on the application of interim measures to arrest vessels, while requiring the applicant to provide financial security for the application of interim measures to arrest vessels and pay the vessel arrest 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 that they have provided financial security and paid the vessel arrest fee, the Judge immediately issues a decision to apply interim measures to arrest vessels;

b) Return the application for interim measures to arrest vessels if it is determined that there are insufficient conditions to issue a decision on the application of interim measures to arrest vessels.

2. After receiving the application for interim measures to arrest vessels 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 application for interim measures to arrest vessels, the court must immediately deliver or send the decision along with the application for interim measures to arrest vessels and attached documents to the applicant; the Trial Panel must publicly announce the decision to return the application for interim measures to arrest vessels at the trial session and record the announcement in the trial session minutes.

Article 34. Appeals, Petitions, and Resolution of Appeals and Petitions Against Decisions Returning Applications for Interim Measures to Arrest Vessels

1. Within three working days from the date of receipt of the decision returning the application for interim measures to arrest vessels, 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 receipt of the written appeal against the decision returning the application for interim measures to arrest vessels and attached documents, the Chief Justice of the court must issue one of the following decisions:

a) Maintain the decision to return the application for interim measures to arrest vessels;

b) Revoke the decision to return the application for interim measures to arrest vessels and retrieve the application for interim measures to arrest vessels and attached documents to proceed with accepting the application for vessel arrest.

3. After receiving the public announcement of the decision to return the application for interim measures to arrest vessels 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 session minutes. The Trial Panel must immediately resolve the appeals and petitions and issue one of the decisions specified in Clause 2 of this Article.

4. The decision resolving the appeal of the Chief Justice and the decision resolving the appeal and petition of 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 master;

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

h) Name, address, and nationality of the bareboat charterer, 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; immediately send the decision to the same-level People's Procuracy; immediately provide or send the decision to the person requesting the 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 case the seized vessel involves foreign elements.

Article 36. Complaints, Objections, and Resolution of Complaints and Objections on 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 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 upon 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 must include the following main contents:

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

b) Name of the court receiving the request;

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 ship; port where the seized ship 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 ship; port where the seized ship 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 4

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 ships in the following cases:

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

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 provided in Article 11 of this Ordinance and remains the bareboat charterer, time charterer, voyage charterer, ship operator, or shipowner at the time of seizure of the ship;

c) The obligation to enforce a monetary judgment is secured by the mortgage on that ship;

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

2. The Court shall only decide to seize ships to enforce judgments 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 other assets in Vietnam.

Article 45. Request for Seizing Ships to Enforce Judgments

1. The person requesting the seizure of ships to enforce judgments 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 ships to enforce judgments 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) Name, nationality, IMO number, tonnage, and other characteristics of the ship 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) 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) Reasons for requesting the seizure of the ship;

k) Estimated losses or damages that may arise from wrongful seizure of the ship.

3. In cases where the person requesting the seizure of ships to enforce judgments does not know all the contents specified in points d, e, and g of Clause 2 of this Article accurately, they should record what they know related to those issues.

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

The person requesting the seizure of ships to enforce judgments 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 ships to enforce judgments and related documents and evidence, the civil enforcement agency must record the request in the registry and issue a document transferring the request and related documents and evidence to the Court with jurisdiction to decide on the seizure of ships 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 ships to enforce judgments and related documents and evidence, the Court with jurisdiction to decide on the seizure of ships as stipulated in Clause 1 of Article 3 of this Ordinance must record the request in the registry. 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 are not required;

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 provide or send the decision together with the application and accompanying documents and evidence to the applicant.

Article 49. Appeals, Suggestions, and Resolution of Appeals and Suggestions 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 suggest to the Chief Judge of the Court regarding that decision. Appeals and suggestions must be made in writing.

2. Within twenty-four hours from the time of receiving the written appeal, suggestion regarding the decision to return the application for seizing vessels to enforce judgments and accompanying documents and evidence, the Chief Judge 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 along with accompanying documents and evidence to proceed with accepting the vessel seizure matter.

3. The decision resolving appeals and suggestions by the Chief Judge 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 are not required 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 requesting the seizure of 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 and suggestions.

4. The court must hand over two copies of the decision to seize vessels to enforce judgments to the Port Director for execution according to the provisions of Article 9 of this Ordinance; immediately send the decision to the same-level Procuratorate; immediately provide 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 submit a written suggestion to the Chief Judge of the Court regarding the decision to seize ships for enforcement of judgments. 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 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 Being Seized for Enforcement of Judgments

1. Ships being 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 fully performed 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 the parties do not agree 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 ship or the financial obligation that serves as the basis for the seizure of the ship when the financial obligation is less than the value of the ship.

Article 53. Request for Release of Ships that are Being 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 being seized for enforcement of judgments.

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

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

b) Name of the court receiving the request;

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

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

đ) Number, date, month, year of the decision to seize the ship and the court issuing the decision;

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

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

The person requesting the release of ships that are being 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 Being Seized for Enforcement of Judgments

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

2. Within twenty-four hours from the time of receiving the written request for the release of ships that are being seized for enforcement of judgments and accompanying documents and evidence, the Judge must examine and issue a decision to release ships that are being 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 being seized in writing, specifying the reasons for not accepting the request for the release of ships that are being seized.

3. The decision on the release of ships that are being 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 ship that is being released; port where the seized 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) Reason for releasing ships that are being seized;

i) Decisions of the Court.

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

5. The Court must deliver two copies of the decision on the release of ships that are being seized for enforcement of judgments to the Director of the Port Authority 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 being 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 ship that is being released involves foreign elements.

Chapter 5

PROCEDURE FOR SEIZURE AND RELEASE OF SHIPS FOR ENFORCEMENT OF JUDGMENTS

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

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

Article 61. Procedure for Judicial Commission Regarding Seizure of Vessels

1. Judicial commission from foreign courts 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 according to 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, 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 ship charterer and ship 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 along with accompanying documents and evidence to the court with authority to decide on the seizure of vessels as stipulated in Clause 1, 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, Article 3 of this Ordinance must record it in the logbook of received petitions. The Chief Judge assigns a Judge to handle the judicial commission document regarding the seizure of vessels right away.

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 deciding to return the judicial commission document regarding the seizure of vessels, the court must immediately send its 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 party 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 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 charterer, operator of the vessel;

k) The court's assessment and legal grounds for accepting the judicial commission 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 deliver 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; 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 master, owner, charterer, or operator of the vessel has 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 deadline for filing an appeal is forty-eight hours from the time the master 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 deadline for filing an objection 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 Being Held Under Judicial Commission

A vessel being held under 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 period for holding 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 Being Held Under Judicial Commission

In the case provided for 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 a vessel being held 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 being held;

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

4. Name, nationality, IMO number, tonnage, and other characteristics of the vessel being held; port where the vessel being held is operating;

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

6. Reason for requesting the release of the vessel being held.

Article 69. Sending a document requesting 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 releasing 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 of the Court 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 examine and issue a decision to release the ship detained 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 detained under judicial assistance in writing, specifying the reasons for not accepting the request.

3. The decision on releasing a ship detained under judicial assistance must 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) Reason for releasing ships that are being seized;

i) Decisions of the Court.

4. The decision on releasing 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 releasing 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 6

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.