Decree No. 05/2017/NĐ-CP on the handling of sunken assets on inland waterway routes, port waters, and Vietnam's territorial seas

DECREE

Regulations on the handling of sunken assets on inland waterway routes,

port water areas, and Vietnam's territorial waters

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

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

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Environmental Protection Law dated June 23, 2014;

Pursuant to the Law on the Sea of Vietnam dated June 21, 2012;

At the proposal of the Minister of Transport;

The Government promulgates this Decree on the handling of sunken assets on inland waterway routes, port water areas, and Vietnam's territorial waters.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the handling of sunken assets on inland waterway routes, port water areas, and Vietnam's territorial waters.

Article 2. Applicability

This Decree applies to organizations and individuals related to the handling of sunken assets on inland waterway routes, port water areas, and Vietnam's territorial waters.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Sunken assets include: Vessels, goods, or other objects that have sunk or are floating on inland waterway routes, port water areas, Vietnam's territorial waters, or have drifted onto Vietnam's coast.

2. Dangerous sunken assets are those that obstruct or pose danger to maritime activities, inland waterway transport activities; threaten human life and health; affect resources and cause environmental pollution.

3. Handling sunken assets includes activities such as receiving information, determining the location of sunken assets, notifying, identifying the owner of the assets, salvaging, transferring, receiving, storing, selling, and destroying sunken assets.

4. Salvaging sunken assets includes activities such as surveying, developing and implementing plans to raise, move, dismantle, or destroy sunken assets.

5. Port authorities are specialized state management agencies in the area where sunken assets are located, including maritime port authorities, inland waterway port authorities, and units managing inland waterways as prescribed by law.

6. Inland waterway routes consist of channels and channel protection zones, specifically defined from start to end points and port and inland waterway wharf water areas as provided for by law.

Article 4. Classification and identification of dangerous sunken assets

Dangerous sunken assets are classified into two levels:

1. Level 1 dangerous sunken assets are those falling under any of the following circumstances:

a) Causing loss of safety or affecting maritime activities, inland waterway transport activities in the area without causing channel blockages or requiring measures to prohibit maritime or inland waterway channel traffic;

b) Poses a risk of disease outbreaks for humans and their living environment or threatens human lives;

c) Contains up to 100 tons of crude oil, petroleum products, or up to 50 tons of hazardous chemicals.

2. Level 2 dangerous sunken assets are those falling under any of the following circumstances:

a) Causing blockages of maritime or inland waterway channels or requiring prohibitions on maritime or inland waterway channel traffic;

b) Resulting in oil spills or hazardous chemical leaks;

c) Causing disease outbreaks for humans and their living environment or directly threatening human lives;

d) Contains more than 100 tons of crude oil, petroleum products, or more than 50 tons of hazardous chemicals.

3. Based on the criteria stipulated in Clause 1 and Clause 2 of this Article, the Port Authority shall be responsible for identifying dangerous sunken assets and immediately reporting in writing to the direct superior agency, which is the Vietnam Maritime Administration, the Vietnam Inland Waterway Transport Administration, or the Department of Transportation; in cases involving national security, defense, cultural heritage, the Port Authority must report in writing to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Culture, Sports and Tourism.

Article 5. Obligation to organize salvage of sunken property

1. The owner of sunken property has the obligation to organize the salvage of sunken property and bear all costs related to the salvage of sunken property.

In the case where the sunken property is vessels, cargo, or other objects transported on vessels, the vessel owner has the obligation to salvage the sunken property and bear the related costs; the vessel manager and operator shall be jointly responsible for salvaging the sunken property and paying the costs related to the salvage.

2. For sunken property that is cultural heritage, sunken property related to security, defense, or dangerous sunken property, the owner of the sunken property has the obligation to develop a salvage plan to submit to the competent authority specified in Article 12 of this Decree for approval.

If the owner of the sunken property does not carry out the organization of salvage or salvages the sunken property beyond the required deadline, except in cases of force majeure, the competent authority specified in Article 12 of this Decree shall decide on the salvage of the sunken property. The Harbor Supervision Service shall take the lead and organize the salvage of sunken property causing danger.

3. In addition to implementing the provisions of Clauses 1 and 2 of this Article, the owner of the sunken property must also comply with relevant laws on marine use and laws on marine and island resources and environment; at the same time, apply all preventive measures to minimize incidents causing environmental pollution. In the event of environmental pollution caused by sunken property, the owner of the sunken property must immediately apply all measures to prevent, limit losses, handle environmental pollution, and compensate for damages according to the law.

Article 6. Loss of ownership over sunken property

1. For sunken property within port waters and Vietnam's territorial waters, the owner of the sunken property loses ownership of the sunken property in the cases stipulated in Article 281 of the Vietnam Maritime Code. The Ministers or Chairpersons of Provincial People's Committees specified in Article 284 of the Vietnam Maritime Code have the responsibility to announce the loss of ownership over sunken property within their jurisdiction.

2. For sunken property on inland waterway routes, the termination of ownership and the authority to announce the termination of ownership over sunken property shall be carried out in accordance with civil law regulations.

Chapter II
HANDLING OF SUNKEN ASSETS

Article 7. Information on sunken property

1. Responsibility for providing information on sunken property

The owner of sunken property or organizations and individuals who discover sunken property have the responsibility to immediately inform the competent authority specified in Clause 2 of this Article about the location and type of sunken property; in the case of exported or imported goods, they must also notify the nearest Customs Office to coordinate in handling according to customs law regulations. The provision of information may be conducted through one or more of the following methods: Directly, telephone, fax, email, or other appropriate forms.

2. Authorities receiving information on sunken property include:

a) The Harbor Supervision Service in the area for sunken property within port waters and Vietnam's territorial waters;

b) The Inland Waterway Transport Supervision Service or the management unit of inland waterways under the Vietnam Inland Waterway Administration or the competent authority as prescribed by law on inland waterways for national inland waterway routes;

c) The Inland Waterway Transport Supervision Service or the management unit of inland waterways under the Department of Transportation for local inland waterway routes;

d) The military authority at the locality for sunken property in the field of defense;

đ) The public security authority at the locality for sunken property in the field of security.

3. Upon receipt of information on sunken property, the competent authority specified in Clause 2 of this Article shall be responsible for:

a) Confirming the receipt of information; checking and verifying the received information;

b) Coordinating or organizing the preservation of sunken property; if the sunken property is outside port waters or inland waterway routes, the People's Committee of the province where the sunken property is located shall take the lead and coordinate with relevant authorities to organize the preservation of the property;

c) Organizing the establishment of warning signals, maritime and inland waterway notifications, and traffic regulation if necessary to ensure safety for vessel operations.

Article 8. Notification to the owner of sunken property

1. Except for cases provided for in Clause 2 of this Article, the notification to the owner of sunken property shall be carried out as follows:

a) In the case where the sunken property has documents, materials, or marks that can identify the name and address of the owner of the sunken property, within three days from the date of receipt of the notification, the competent authority specified in Clause 2 of Article 7 of this Decree shall notify the owner of the sunken property at the address found.

b) In the case where the owner of the sunken property has not been identified, within three working days from the date of receipt of information about the sunken property, the competent authorities specified in Clause 2 of Article 7 of this Decree must publish the notification three times consecutively on central and local mass media to find the owner of the sunken property. The content of the notification shall be implemented according to Model No. 01 prescribed in the Appendix issued together with this Decree; in the case of foreign elements in the sunken property, it must also be notified in English.

c) Within thirty days from the date of the last notification as prescribed in points a and b of this clause, the owner of the sunken property or their lawful representative must contact the notifying authority to complete procedures to reclaim the property or perform the obligation to salvage the sunken property as prescribed in this Decree and other relevant laws.

2. For sunken property causing danger:

a) In the case where the owner of the sunken property has been identified, the Port Authority must immediately notify the owner of the sunken property.

b) In the case where the owner of the sunken property has not been identified, the Port Authority has the responsibility to report to the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, or the Department of Transport to carry out the notification three times consecutively on central and local mass media regarding the search for the owner of the sunken property. The content of the notification shall be implemented according to Model No. 01 prescribed in the Appendix issued together with this Decree; in the case of foreign elements in the sunken property, it must also be notified in English.

Article 9. Time limit for submitting plans and organizing the salvage of sunken property

1. Except for cases provided for in Clause 2 of this Article, the time limit for submitting plans for salvaging sunken property is prescribed as follows:

a) Within thirty days from the date the property sank or from the date of receipt of the notification as prescribed in points a and b of Clause 1 of Article 8 of this Decree, the owner of the sunken property must notify the competent authority specified in Article 12 of this Decree about the expected start and end dates of the salvage operation and submit the salvage plan for the sunken property.

b) Based on actual circumstances and conditions, the competent authority specified in Article 12 of this Decree shall specify the deadline for the owner of the sunken property to complete the salvage operation and approve the salvage plan.

2. For sunken property causing danger:

a) Not later than one day from the date the property sank or from the date of receipt of the notification as prescribed in Clause 2 of Article 8 of this Decree, the owner of the sunken property must submit the salvage plan for approval by the competent authority.

b) Not later than twenty-four hours for sunken property causing danger level 2 or three days for sunken property causing danger level 1 from the date the salvage plan for the sunken property is approved, the owner of the sunken property must commence the salvage of the sunken property; in the case where it cannot be carried out, the owner of the sunken property must submit a written report to the approving authority of the salvage plan for the sunken property and clearly state the reasons.

Article 10. Responsibility for preparing salvage plans for sunken assets

1. The owner of the sunken asset shall directly be responsible or engage organizations or individuals to prepare a salvage plan for the sunken asset, submit it to the competent authority specified in Article 12 of this Decree for approval, except in cases stipulated in Clause 3 of this Article.

2. In cases where the owner of the sunken asset cannot be identified or the owner of the sunken asset fails to prepare the salvage plan within the prescribed time limit, the competent authority approving the plan specified in Article 12 of this Decree shall decide to entrust another organization or individual to prepare the salvage plan for the sunken asset.

3. The Port Authority shall be responsible for organizing the preparation of salvage plans for sunken assets that pose danger in the following situations:

a) The owner of the sunken asset does not prepare the salvage plan for the sunken asset within the prescribed time limit;

b) Sunken assets posing danger whose owners cannot be identified or which belong to the State.

Article 11. Contents of the Salvage Plan for Sunken Assets

1. The salvage plan for sunken assets includes the following basic contents:

a) Name, quantity, type of sunken assets;

b) Quantity, type of cargo carried on the vessel (if applicable);

c) Fuel quantity on board the vessel (if applicable);

d) Basis for organizing the salvage operation;

đ) Results of the survey of sunken assets (if any);

e) Location where the assets were sunk;

g) Estimated start time and duration of the salvage operation;

h) Means of participation and salvage measures;

i) Measures to ensure traffic safety during the salvage operation;

k) Measures to ensure labor safety during the salvage operation;

l) Measures to preserve sunken assets after salvage;

m) Handover of salvaged assets;

n) Measures to prevent infectious diseases;

o) Measures to prevent environmental pollution;

p) Measures to prevent fire and explosion;

q) Budget estimate for salvage costs;

r) Implementing unit for salvage.

2. For salvage plans prepared and implemented by the asset owner, the plan does not include the budget estimate for salvage costs.

Article 12. Competent Authority for Approving Salvage Plans for Sunken Assets and Organizing Salvage Operations

1. The Ministry of Culture, Sports and Tourism shall take the lead in organizing the approval of salvage plans for sunken assets and decisions to organize salvage operations for cultural heritage assets, except in the cases stipulated in Clauses 2, 3, and 4 of this Article.

2. The Ministry of National Defense shall take the lead in organizing the approval of salvage plans for sunken assets and decisions to organize salvage operations for assets related to national defense and sunken assets in military areas.

3. The Ministry of Public Security shall take the lead in organizing the approval of salvage plans for sunken assets and decisions to organize salvage operations for assets related to national security.

4. The Ministry of Transport shall take the lead in organizing the approval of salvage plans for sunken assets that pose danger and decisions to organize salvage operations for such sunken assets as follows:

a) The Vietnam Maritime Administration or the Vietnam Inland Waterways Administration for sunken assets that pose danger and whose owners cannot be identified, state-owned sunken assets, and sunken assets salvaged by the Port Authority. Before approving the salvage plan, the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration must report and obtain approval from the Ministry of Transport;

b) The Inland Waterway Port Authority or the inland waterway management units under the Vietnam Inland Waterways Administration, or the Marine Port Authority for sunken assets that pose danger and whose owners can be identified on national inland waterway routes, in port waters, or in Vietnamese territorial waters, organized by the sunken asset owner.

5. The People's Committee of provinces and centrally governed cities shall take the lead in organizing the approval of salvage plans for sunken assets and decisions to organize salvage operations for sunken assets not falling within the scope specified in Clauses 1, 2, 3, and 4 of this Article and delegate the following authorities to implement:

a) The Department of Transport of the province shall approve salvage plans for sunken assets on local inland waterway routes for sunken assets that pose danger and whose owners cannot be identified or which belong to the State, and sunken assets salvaged by inland waterway management units under the Department of Transport;

b) The Inland Waterway Port Authority or the inland waterway management units under the Department of Transport shall approve salvage plans for sunken assets that pose danger and whose owners have been identified.

Article 13. Approval Procedure for Salvage Plan of Sunken Assets

2. The application documents for approval of the salvage plan of sunken assets include:

a) Application form for approval of the salvage plan of sunken assets according to Model No. 02 prescribed in the Appendix issued together with this Decree;

b) The salvage plan of sunken assets as stipulated in Article 11 of this Decree;

c) Other necessary documents and papers related thereto (if any).

4. For sunken assets causing danger, the competent authority must organize the approval of the salvage plan within no more than twenty-four hours from the time of receiving valid documents; for cases specified in point a, Clause 4, Article 12, this period does not exceed forty-eight hours.

Article 14. Implementation of Salvage of Sunken Assets

1. The owner of sunken assets or organizations and individuals assigned tasks by the competent authority have the responsibility to organize the salvage of sunken assets according to the approved salvage plan, except for cases specified in Clause 2 of this Article.

2. Port authorities have the responsibility to organize the salvage of sunken assets causing danger when the owner of the assets does not organize the salvage or cannot ensure the timely implementation of the salvage of sunken assets as prescribed in Clause 2, Article 9 of this Decree or has exceeded the deadline for ending salvage activities as follows:

a) Apply the tendering method according to the simplified procedure as prescribed by law to select units qualified to carry out the salvage;

b) Notify the owner of the sunken assets about the costs of carrying out the salvage.

3. For sunken assets whose owners cannot be identified or sunken assets that belong to state ownership, the competent authority specified in Article 12 of this Decree decides on the selection of organizations and individuals to establish the salvage plan and organize the salvage of sunken assets as follows:

a) Apply the tendering method according to the simplified procedure for cases where sunken assets cause danger or the competitive bidding method according to the simplified procedure for other cases to select organizations and individuals to carry out the salvage of sunken assets without using state budget funds. The salvage costs are paid in kind with the sunken assets, except for cases where the sunken assets are cultural heritage or sunken assets related to national defense or national security;

b) Apply the tendering methods prescribed by law on tendering to select organizations and individuals to carry out the salvage of sunken assets using state budget funds. The salvage costs are paid in kind as prescribed in Article 25 of this Decree.

Article 15. Transfer of sunken assets that are underwater cultural heritage or related to national defense and security

1. The following types of sunken assets, if salvaged or discovered, must be transferred to relevant agencies for management:

a) Transfer to the agency managing underwater cultural heritage for assets classified as historical-cultural relics, national treasures, or cultural artifacts of special value in terms of culture, science, and history owned by the state according to the law on underwater cultural heritage;

b) Transfer to military agencies for assets related to national defense;

c) Transfer to public security agencies for assets related to national security.

2. The transfer of sunken assets as stipulated in Clause 1 of this Article shall be carried out in accordance with the law on the management and use of state assets.

Article 16. Memorandum of Transfer and Receipt of Sunken Assets

1. The transfer and receipt of sunken assets between organizations and individuals must be recorded in a memorandum of transfer and receipt.

2. The main contents of the memorandum of transfer and receipt of sunken assets include:

a) Name and address of the organization or individual handing over the property;

b) Name and address of the organization or individual receiving the property;

c) Time and place of discovery or salvage of the property;

d) Characteristics of the property and other necessary related information.

The handover record of sunken assets must be signed and confirmed by the lawful representatives of the transferring party and the receiving party, each party retains one copy, while at the same time it shall be sent to the relevant authority.

3. The memorandum of transfer and receipt of sunken assets must be signed and confirmed by the lawful representatives of both the transferring and receiving parties, each party retains a copy, and it must also be sent to the relevant agencies.

Article 17. Acceptance and Preservation of Sunken Assets

1. The owner of sunken assets has the responsibility to preserve their assets except in cases specified in Clauses 3 and 4 of this Article.

2. Individuals who randomly salvage, find, rescue, or participate in rescuing other people's assets floating on the sea or washed ashore in Vietnam, within port waters, or along inland waterways have the responsibility to preserve these assets until they are handed over to the Port Authority or the People's Committee of the province for organized preservation.

3. In the case where sunken assets are underwater cultural heritage, the acceptance and preservation of assets shall be carried out in accordance with the law on cultural heritage.

4. In the case where sunken assets are related to national defense and located in military areas, the relevant military agency shall take the lead and coordinate with public security agencies to organize the preservation.

5. In the case where sunken assets are related to national security, the relevant public security agency shall be responsible for organizing the preservation.

6. In the case where sunken assets, after salvage, belong to the state or the asset owner does not accept them, the competent authority approving the salvage plan shall be responsible for hiring organizations or individuals to accept and preserve the assets.

Article 18. Destruction of Sunken Assets

1. The competent authority prescribed in Article 12 of this Decree decides on the destruction of sunken assets that must be destroyed according to the law.

2. Agencies and units accepting and preserving sunken assets have the responsibility to cooperate with relevant agencies to carry out the destruction of assets as stipulated in Clause 1 of this Article in accordance with relevant laws.

3. The destruction of sunken assets must be recorded in a memorandum. The main contents of the memorandum of destruction of sunken assets include:

a) Name and type of assets being destroyed;

b) Basis for implementing the destruction of assets;

c) Time and location of asset destruction;

d) Type and quantity of assets being destroyed;

e) Form of asset destruction;

f) Participants in the destruction of assets.

Article 19. Sale of sunken property owned by the state

1. The sale of sunken property owned by the state shall be carried out in accordance with the provisions of the law on the management and use of state assets. The competent authority approving the salvage plan as stipulated in Article 12 of this Decree decides on the sale of sunken property.

2. For sunken property that is state assets managed and used by people's armed units, the sale of such sunken property shall be carried out in accordance with the provisions of the law on the management and use of state assets at people's armed units.

3. In cases where the sunken property is cultural relics or antiques, the sale of such property shall be carried out in accordance with the provisions of the law on cultural heritage.

Article 20. Establishment of the Appraisal Board to Determine the Value of Sunken Property

1. The competent authority as stipulated in Article 12 of this Decree decides to establish the Appraisal Board to determine the value of sunken property. The Chairman of the Appraisal Board is the representative of the competent authority deciding to establish the Board.

2. The composition of the Valuation Board includes:

a) The Chairman of the Appraisal Board;

b) Representative of the Port Authority;

c) Representative of the Ministry of Finance for sunken property whose salvage plan is approved by the central competent authority or representative of the Department of Finance for sunken property whose salvage plan is approved by the local competent authority;

d) Representative of the agency or unit entrusted with the task of receiving and preserving sunken property;

đ) Representative of the specialized technical agency or experts on property;

e) Representatives of other related agencies and organizations.

3. The minimum number of members of the Appraisal Board is five.

4. The Appraisal Board is responsible for appraising sunken property in accordance with the provisions of the law on principles, methods, and valuation standards.

5. The Appraisal Board may engage or entrust the agency or unit entrusted with the task of receiving and preserving sunken property; or hire an organization meeting the conditions for valuation activities to determine the value of sunken property as a basis for consideration and reference before making a decision.

6. The operating costs of the Appraisal Board shall be included in the costs of handling sunken property and shall be paid according to the provisions of Article 24 of this Decree.

Article 21. Principles of Operation of the Appraisal Board

1. The Appraisal Board operates on a collective basis. Meetings of the Appraisal Board must have at least two-thirds of the total number of Board members present. Decisions of the Appraisal Board must be approved by more than half of the Board members and recorded in minutes. In case of equal votes, the decision will follow the option voted for by the Chairman of the Appraisal Board.

2. The Appraisal Board records the appraisal process of the property. The appraisal record must promptly, fully, and truthfully reflect the entire appraisal process of the property.

3. The main contents of the appraisal record include:

a) Name and type of property being appraised;

b) Name and title of the Chairman of the Appraisal Board and other members of the Board;

c) Names of those attending the appraisal session;

d) Time and place of the appraisal process;

đ) Opinions of the Board members and attendees of the appraisal session;

e) Voting results of the Appraisal Board regarding the value of the property;

g) Location where the appraisal process was completed;

h) Signatures of the Board members.

4. The appraisal record must be kept in the appraisal file.

Article 22. Utilization of the value of assets determined by the Appraisal Council

The value of assets determined by the Appraisal Council shall be used as a basis for performing the following tasks:

1. Payment of costs for handling sunken assets in cases where the competent authority decides to pay the costs in kind.

2. Determination of the starting price for organizing auction sales.

3. Payment of rewards to organizations and individuals who discover sunken assets.

4. Implementation of other tasks and works as prescribed by law.

Article 23. Costs for Handling Sunken Assets

Costs for handling sunken assets include:

1. Costs for salvaging and appraising sunken assets.

2. Costs for transporting, guarding, and preserving sunken assets.

3. Costs for traffic safety regulation during the salvage process (if applicable).

4. Costs for notifying the owner of the asset, transferring the asset, destroying the asset, appraising the asset, and auctioning the asset.

5. Taxes, fees, and charges (if applicable).

6. Destruction costs (if applicable).

7. Other reasonable related costs (if applicable).

Article 24. Payment of Costs for Handling Sunken Assets Organized by the Competent Authority

1. The owner of the sunken asset is responsible for paying the costs for handling the sunken asset as stipulated in Article 23 of this Decree when the handling of the sunken asset is organized and implemented by the competent authority; the payment deadline for the costs for handling the sunken asset shall not exceed twelve months from the date of completion of the salvage operation.

2. In cases where the salvage of sunken assets causes danger as provided for in Clause 2, Article 14 of this Decree, if the proceeds from selling the asset are insufficient to cover the costs and the owner is unable to pay or the owner of the sunken asset cannot be identified, the shortfall will be supplemented by the state budget. The competent authority deciding on the sale of sunken assets as stipulated in Article 12 of this Decree is responsible for paying the costs related to handling the sunken assets.

3. The costs for handling sunken assets may be paid in kind with salvaged items; payment in kind can be made before or after the salvage of the sunken asset. The competent authority stipulated in Article 12 of this Decree approves the salvage plan for sunken assets and decides on payment in kind according to Article 25 of this Decree.

4. In cases where sunken assets are handled through destruction, the owner of the sunken asset must bear the destruction costs; if the owner of the sunken asset is unable to pay or the owner of the sunken asset cannot be identified, the costs will be paid from the state budget. The competent authority stipulated in Article 12 of this Decree decides on the payment of costs related to the destruction of sunken assets.

5. Costs for handling dangerous sunken assets organized by the Port Management Office can be advanced from its operational funds; if the Port Management Office is unable to implement, it may be considered for advance funding from the state budget in accordance with laws on the state budget. The Port Management Office is responsible for recovering the costs for handling sunken assets from the owner of the sunken asset or from the proceeds of the sale of sunken assets as prescribed by law and repaying the state budget the amount advanced.

6. The People's Committee of the province or centrally administered city where the owner of the sunken asset is registered for business is responsible for taking the lead and coordinating with relevant ministries and sectors to verify and confirm that the owner of the sunken asset is unable to pay the costs related to handling the sunken asset when necessary.

Article 25. Settlement of sunken property costs with physical assets

In cases where sunken property is processed but the owner cannot be identified, or it is ownerless property or state-owned sunken property, the settlement of costs using physical assets shall be carried out in accordance with the following provisions:

1. For sunken property that has not yet been salvaged:

a) The valuation council established in accordance with Article 20 of this Decree shall conduct the determination of the value of the sunken property;

b) The competent authority specified in Article 12 of this Decree selects organizations or individuals to carry out the salvage of sunken property and sell sunken property through auction to settle the costs of processing sunken property with physical assets in accordance with the laws on auctioning of property.

2. For sunken property that has already been salvaged:

a) The valuation council established in accordance with Article 20 of this Decree shall conduct the determination of the value of the sunken property;

b) The competent authority specified in Article 12 of this Decree bases on the salvage costs in the approved plan and the value of the sunken property determined by the Valuation Council to decide on the settlement of costs for processing sunken property with physical assets.

Article 26. Management of revenue from the processing of sunken property

1. For sunken property whose owner cannot be identified, the proceeds from selling the sunken property shall be used to settle the expenses stipulated in Article 23 of this Decree; any remaining amount (if any) shall be deposited into the state budget in accordance with the laws on state budget.

2. For sunken property that has lost ownership rights as prescribed in Article 6 of this Decree, the proceeds from selling the sunken property after settling the expenses stipulated in Article 23 of this Decree; any remaining amount (if any) shall be deposited into the state budget in accordance with the laws on state budget.

Article 27. Reward expenditure, procedures for reward payment for discovering sunken property

Organizations or individuals who discover sunken property shall be rewarded a percentage of the value of the sunken property. The amount of reward and the procedures for reward payment shall be implemented in accordance with the laws.

Article 28. Handling of sunken property owned by foreign organizations or individuals

The handling of sunken property owned by foreign organizations or individuals shall be carried out as follows:

1. If sunken vessels are sold to Vietnamese organizations or individuals after salvage, the procedures for import and export and taxes, fees, and charges must be followed in accordance with the laws.

2. If sunken goods or other objects are sold in Vietnam after salvage, the procedures for imported goods must be followed as prescribed.

3. If sunken foreign government vessels or foreign warships are salvaged, they shall be handled through diplomatic channels.

Chapter III
IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Decree takes effect from July 1, 2017.

2. Repeal Decision No. 128/2013/NĐ-CP dated October 15, 2013 of the Government on the handling of sunken property on inland waterways, port waters, and Vietnam's territorial waters.

3. Repeal the provisions: Clause 3, Article 6, point c, Clause 2, Article 9, and Clause 5, Article 19 of Decision No. 96/2009/NĐ-CP dated October 30, 2009 on the handling of buried or sunken property discovered or found on land, islands, and Vietnam's territorial waters.

Article 30. Transitional Provisions

1. In cases where the salvage plan for sunken property has been approved before the effective date of this Decree but the salvage of sunken property has not yet been organized, the salvage plan for sunken property shall continue to be implemented in accordance with Decision No. 128/2013/NĐ-CP dated October 15, 2013 of the Government on the handling of sunken property on inland waterways, port waters, and Vietnam's territorial waters.

2. In cases where sunken property occurred before the effective date of this Decree but the salvage plan for sunken property has not been approved, the approval of the salvage plan and the organization of the salvage of sunken property shall be carried out in accordance with this Decree.

Article 31. Implementation Organization

1. The Minister of Transport shall be responsible for chairing and coordinating with relevant ministries, sectors, and provincial people's committees under the central government to implement this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and centrally governed city People's Committees shall be responsible for implementing this Decree./

 

ANNEX

SAMPLE DOCUMENTS USED IN THE HANDLING OF SUNKEN PROPERTY
(Attached to Decision No. 05/2017/NĐ-CP

dated January 16, 2017 of the Government)

 

Form No. 01

 

NOTICE

Regarding the search for the owner of sunken property

…………………………………¹…announces:

Name and characteristics of the sunken property:…

...........................................................................................................................................

Location of the sunken property: …

...........................................................................................................................................

Request the owner of the sunken property or their authorized representative to be present at the location: …

...........................................................................................................................................

…to handle the sunken property.

Deadline for submitting the salvage plan for sunken property: …

Deadline for salvaging sunken property: …

In case the owner of the sunken property or their authorized representative does not contact the issuing authority or does not carry out the salvage of the sunken property, the said sunken property will be handled according to the law./.

 

_____________

¹ Vietnam Maritime Administration or Vietnam Inland Waterway Administration or Provincial People's Committee.

 

Form No. 02

Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m

Approval of Salvage Plan for Sunken Property

Respectfully submitted to:...¹

Name of the organization or individual owning the sunken property: …

Legal Representative:...

Date of business registration:….. month…. year…

Address: …

Contact phone number: ...

Request …¹ examines and approves the Salvage Plan for Sunken Property in accordance with Article 13 of Decision No... on the handling of sunken property on inland waterways, port waters, and Vietnam's territorial waters with the following documents:

1. Application for approval of the salvage plan for sunken property.

2. Salvage plan for sunken property.

3. Opinion of the Port Authority (if any).

4. Other necessary related documents and papers (if any).

We respectfully request …¹ to examine and resolve./.

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¹ Name of the Competent Authority approving the Salvage Plan for Sunken Property.