Circular No. 12/2011/TT-BGTVT on the issuance and revocation of Insurance Certificates or Financial Guarantees under the International Convention on Civil Liability for Oil Pollution Damage 1992.

CIRCULAR

Regulations on issuing and revoking Insurance Certificate or Financial Guarantee under the International Convention on Civil Liability for Oil Pollution Damage of 1992

đảm bảo tài chính theo Công ước quốc tế về trách nhiệm dân sự

đối với thiệt hại ô nhiễm dầu năm 1992

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Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

On the basis of the International Convention on Civil Liability for Oil Pollution Damage 1992 to which Vietnam is a member;

The Minister of Transport hereby stipulates regulations on issuing and revoking Insurance Certificate or Financial Guarantee under the International Convention on Civil Liability for Oil Pollution Damage of 1992 as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars prescribe the authority, procedures, and formalities for issuing and revoking Insurance Certificate or Financial Guarantee regarding civil liability for oil pollution damage as provided for in the International Convention on Civil Liability for Oil Pollution Damage of 1992 (hereinafter referred to as the CLC 1992 Convention).

Article 2. Applicability

These Circulars apply to organizations and individuals in Vietnam and foreign organizations and individuals related to the issuance and revocation of Insurance Certificate or Financial Guarantee regarding civil liability for oil pollution damage as prescribed in the CLC 1992 Convention.

Chapter II

PROCEDURES FOR ISSUING AND REVOKING INSURANCE CERTIFICATE

OR FINANCIAL GUARANTEE REGARDING CIVIL LIABILITY

FOR OIL POLLUTION DAMAGE

Article 3. Insurance Certificate or Financial Guarantee regarding civil liability for oil pollution damage

2. The validity period of the Certificate corresponds to the period stated in the insurance policy or financial guarantee certificate issued for the ship.

3. The Certificate shall be issued with one original copy for the shipowner and one duplicate (photocopy) retained at the Ship Registration Authority.

Article 4. Subjects eligible for the Certificate

Vietnamese ships and foreign-flagged ships transporting more than 2,000 tons of oil in bulk.

Article 5. Conditions for Issuing the Certificate

Ships specified in Article 4 of these Circulars must have an insurance policy or financial guarantee regarding civil liability for oil pollution damage as prescribed in the CLC 1992 Convention.

Article 6. Documents Required for Issuing the Certificate

1. The documents required for issuing the Certificate include:

a) A shipowner's application form in accordance with the model prescribed in Appendix I of these Circulars;

b) An original insurance policy or financial guarantee certificate consistent with the provisions of the CLC 1992 Convention; in cases where there is reinsurance, the shipowner must also submit the original certificate from the organization accepting the reinsurance.

In cases where the insurance policy or financial guarantee, reinsurance certificate regarding civil liability of the shipowner is issued in electronic format, the shipowner must provide the official and legal website address of the organization that issued it for verification purposes;

c) A photocopy of the Ship Registration Certificate.

2. One set of documents must be submitted.

Article 7. Method of Submitting Documents

The shipowner may directly submit the documents or send them through the postal service to the Ship Registration Authority.

Article 8. Procedure for receiving and processing applications

1. The shipowner shall directly submit or send the application to the Ship Registration Authority.

2. Responsibilities of the Ship Registration Authority:

a) In case of direct submission of the application: The Ship Registration Authority shall accept the application, examine it in accordance with regulations, record it in the application log, and issue a receipt for the result within the time limit specified in Article 9 of this Circular;

b) In case of sending the application through the postal system: The Ship Registration Authority shall accept the application, examine it in accordance with regulations, and record it in the application log on the date indicated by the postmark. The date of recording the application serves as the basis for calculating the issuance date of the Certificate in accordance with regulations;

c) For applications that do not comply with regulations: If the shipowner submits the application directly, the Ship Registration Authority shall guide the shipowner to complete the application in accordance with regulations; if the application is sent through the postal system, within no more than two working days from the date of receipt of the application, the Ship Registration Authority shall notify the shipowner in writing to supplement and complete the application;

d) In case the application does not meet the conditions stipulated, within no more than three working days from the date of receipt of the application, the Ship Registration Authority must respond in writing and specify the reasons.

Article 9. Time Limit for Issuing the Certificate

Within no more than three working days from the date of receipt of all required documents, the Ship Registration Authority shall issue the Certificate according to the model prescribed in Appendix II of this Circular.

The authority responsible for issuing the Certificate is the National Ship Registration Authority and the Regional Ship Registration Authorities, specifically defined as follows:

1. The National Ship Registration Authority is the Vietnam Maritime Administration.

2. The Regional Ship Registration Authorities include:

a) Vietnam Maritime Administration Branch in Haiphong City;

b) Vietnam Maritime Administration Branch in Ho Chi Minh City;

c) Da Nang Port Maritime Office.

Article 11. Revocation of the Certificate

The issued Certificate shall be revoked in case of violation of any of the following circumstances:

1. Forgery or alteration, erasure, distortion of the content of the Certificate;

2. Buying, renting, lending the Certificate;

3. Intentionally misreporting information or using falsified or counterfeit documents in the application for the Certificate.

Article 12. Fee for Issuing the Certificate

The fee for issuing the Certificate shall be implemented in accordance with the regulations of the Ministry of Finance and paid at the Ship Registration Authority before receiving the Certificate.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of the Vietnam Maritime Administration and Related Organizations and Individuals

1. The Vietnam Maritime Administration is responsible for organizing the implementation of this Circular in coordination with relevant agencies.

2. The shipowner and related organizations and individuals are responsible for implementing this Circular and the 1992 CLC Convention.

Article 14. Effective Date

This Circular takes effect from June 1, 2011.

Article 15. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Directors of Vietnam Maritime Administration Branches, the Director of the Da Nang Port Maritime Office, Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular./.