Decree No. 128/2013/ND-CP on the handling of sunken assets on inland waterway routes, port waters, and Vietnam's territorial seas.

DECREE

Von sunken assets along inland waterway routes,

port waters and sea areas Vstrict N |||am

__________________

Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Pursuant to the Vocational Education Law dated July 27, 20091;

Pursuant to the Law Bof Vietnam dated June 21, 2012;

Pursuant to the Law on Navigation of Vietnam dated June 14, 2005; lAmendment and Supplement to Certain Provisions of the Tobacco Control Law Hof the Vietnam Maritime Administration dated June 14, 2005;

Pursuant to the Law ofinland waterway transport dated 1June 5, 2004;

At the proposal of the Minister of Transport;

The Government issues the Decree on handling sunken assets along inland waterway routes, port waters and sea areasintention of VietnamdevelopmentThis Decree regulates the handling of sunken assets along inland waterway routes, port waters and sea areas of Vietnam..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to organizations and individuals related to the handling of sunken assets along inland waterway routes, port waters and sea areas of Vietnam.

Article 2. Applicability

1. Vessels are means of operation on the surface or under the water, including ships, boats and other means with or without engines.

Article 3. Explanation of Terms

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

2. Sunken assets are vessels, goods or other objects that have sunk or are floating along inland waterway routes, port waters, sea areas of Vietnam or drifted onto the coast of Vietnam.

3. Sunken assets causing danger are sunken assets obstructing or posing danger to maritime activities, inland waterway transport activities; affecting health or threatening human life; causing environmental pollution or affecting resources.

4. Handling sunken assets involves receiving information, reporting, determining the location of sunken assets, identifying the owner of the assets, surveying, salvaging, transferring, receiving, storing, selling, destroying sunken assets.

5. Salvaging sunken assets includes making them float, moving, dismantling, destroying or disposing of sunken assets.

6. Owner of sunken assets is the owner of sunken assets or the shipowner if the sunken asset is a vessel.

7. Shipowner is the owner of the ship.

8. Port authority is the management unit in the area where there are sunken assets: Port Authority for Maritime Transport or Inland Waterway Transport Port Authority or inland waterway transport management unit as prescribed by law on inland waterways.

9. Inland waterway route is the channel and channel corridor of inland waterways specifically determined from start point to end point and the water area before bridges, inland waterway ports.

Article 4. Classification and determination of sunken assets causing danger

Sunken assets causing danger are classified into two levels and are determined based on one of the following criteria:

1. Level 1 sunken assets causing danger:

a) Causing loss of safety or affecting maritime activities or inland waterway transport activities in the area but not causing blockage of channels and not requiring measures to prohibit maritime channels or inland waterway channels;

b) Having the risk of causing epidemics to humans and living environments or threatening human lives;

c) Having the risk of oil spills or hazardous chemicals causing danger;

d) Sunken assets containing up to 100 tons of crude oil or petroleum products or up to 50 tons of hazardous chemicals causing danger.

2. Level 2 sunken assets causing danger:

a) Causing loss of safety leading to prohibition of maritime channels or inland waterway channels or causing blockage of maritime channels or inland waterway channels;

b) Occurrence of oil spills or hazardous chemical spills causing danger;

c) Having a high risk of causing epidemics to humans and living environments or directly threatening human lives;

d) Sunken assets containing more than 100 tons of crude oil or petroleum products or more than 50 tons of hazardous chemicals causing danger.

3. The Port Authority shall be responsible for determining the level of danger of sunken assets based on the criteria stipulated in Clause 1 and Clause 2 of this Article and immediately report to the direct superior agency, which is the Vietnam Maritime Administration or the Vietnam Inland Waterway Transport Administration or the Department of Transport by written notice.

3. The Port Office shall be responsible for determining the level of danger of sunken assets based on the criteria specified in Clause 1 and Clause 2 of this Article, and shall immediately report to its direct superior, which is either the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, or the Department of Transport, in writing.

Article 5. Obligation to organize exploration and salvage of sunken assets

1. The owner of sunken assets has the obligation to organize the exploration and salvage of sunken assets according to the approved plan; at the same time, they must bear all related costs for the salvage, except in cases stipulated in Clause 3 of this Article.

2. In case the owner of sunken assets does not implement the establishment of the exploration and salvage plan and organization of salvage or salvages beyond the required deadline, the competent state agency prescribed in Article 11 of this Decree shall decide on the salvage of sunken assets. In this case, the owner of sunken assets still must bear all related costs for handling sunken assets and be subject to administrative penalties as prescribed by law.

3. In case the sunken asset is a ship, cargo, or other objects from a ship, the ship owner has the obligation to establish the exploration and salvage plan for sunken assets and organize the exploration and salvage of sunken assets according to the approved plan; at the same time, they must bear all related costs. The ship manager and ship operator are jointly responsible for the salvage of sunken assets and payment of related costs for handling the assets.

4. For sunken assets causing danger, the owner of sunken assets must establish the exploration and salvage plan for sunken assets and organize the salvage of sunken assets within the time limit prescribed in Clause 3 of Article 9 of this Decree. If the owner fails to comply with the time limit, the Port Authority shall take the lead, coordinate with relevant agencies to organize the salvage of sunken assets and report to the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration or the Department of Transport.

5. The owner of sunken assets, in addition to implementing the provisions of Clause 4 of this Article, must also apply all preventive measures to limit damage and compensate for all damages according to relevant laws. In case sunken assets cause environmental pollution, the owner of sunken assets must immediately apply all measures to limit and handle environmental pollution and compensate for environmental pollution damage according to environmental protection laws.

Article 6. Establishing ownership rights over sunken assets when the owner cannot be identified or is ownerless

Establishing ownership rights over sunken assets when the owner cannot be identified or is ownerless shall be carried out in accordance with Articles 187, 239, and 240 of the Civil Code 2005.

Article 7. Loss of ownership rights over sunken assets

1. The owner of sunken assets loses ownership rights over sunken assets in the following cases:

a) The owner of sunken assets declares in writing the abandonment of the asset without transferring ownership rights to another organization or individual as prescribed by law;

b) The owner of sunken assets does not notify or contact the competent authority regarding the handling of sunken assets or does not organize the exploration and salvage of sunken assets within the prescribed time limit, except in cases of force majeure as prescribed in Article 161 of the Civil Code 2005. In cases of force majeure, the owner of sunken assets must immediately notify the competent authority.

2. The competent state agency approving the exploration and salvage plan as prescribed in Article 11 of this Decree is responsible for announcing the loss of ownership rights over sunken assets and deciding on the handling of sunken assets as prescribed in Clause 1 of this Article.

3. Announcing the loss of ownership rights and the time of loss of ownership rights over sunken assets must be done in writing and sent to the address of the owner of sunken assets (if available) and announced through central and local mass media, except in cases prescribed in Clause 2 of Article 10 of this Decree.

4. The owner of sunken assets causing danger who loses ownership rights over sunken assets as prescribed in Clause 1 of this Article still bears responsibility for compensating for all damages and related costs for handling sunken assets and is subject to penalties as prescribed by law.

5. The provisions on the loss of ownership rights over sunken assets in Clause 1 of this Article do not apply to military ships and public service ships.

Chapter II

RECEIVING, PROCESSING INFORMATION AND NOTIFICATION TO THE OWNER OF SUNKEN ASSETS

Article 8. Receiving and Processing Information on Sunken Property

1. The owner of sunken property or individuals or organizations discovering sunken property shall immediately notify the Port Office in the area or the traffic safety assurance unit in the area, the People's Committee of the nearest commune or district about the location and type of sunken property.

Within the latest three (3) days from the date of receiving the notification, the Port Office or the People's Committee of the nearest commune or district shall report to the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration or the People's Committee of the nearest province; in case the sunken property is export or import goods, it must also be reported to the nearest customs authority for coordination in handling according to the laws on customs.

2. In case the sunken property is within a military zone, the owner of the sunken property, individuals or organizations discovering the sunken property shall immediately notify the nearest local military authority. Within the latest three (3) days from the date of receiving the notification, the local military authority shall report to its superior military authority and the Ministry of National Defense.

3. Responsibilities for receiving and processing information on sunken property:

a) The Port Office in the area shall be responsible for receiving and processing information on sunken property in the waters of seaports and Vietnamese territorial seas;

b) The Inland Waterway Port Office or the inland waterway management unit under the Vietnam Inland Waterways Administration or the competent authority according to the laws on inland waterways shall be responsible for receiving and processing information on sunken property on national inland waterway routes;

c) The Inland Waterway Port Office or the inland waterway management unit under the Department of Transport and Traffic shall be responsible for receiving and processing information on sunken property on local inland waterway routes;

d) The local military authority shall be responsible for receiving and processing information on sunken property in the field of defense and security and sunken property within a military zone;

đ) Organizations and units ensuring traffic safety in the area shall promptly establish warning signals and notify vessels immediately after receiving information about sunken property causing danger on inland waterway routes, port waters, and Vietnamese territorial seas.

4. The competent authority receiving the information shall be responsible for:

a) Confirming the receipt of the information;

b) Checking and verifying the received information;

c) Reporting in writing to the competent authority specified in Article 11 of this Decree;

d) Organizing the protection of sunken property; in case the sunken property is outside the port waters, the People's Committee of the province where the sunken property is located shall take the lead and coordinate with relevant authorities to implement.

Article 9. Time Limit for Reporting and Salvaging Sunken Property

1. Except for cases stipulated in Clause 2 of this Article, the time limit for reporting and salvaging sunken property is as follows:

a) Within thirty (30) days from the date of sinking, the owner of the sunken property must submit a written report to the competent authority specified in Article 11 of this Decree regarding the salvage operation and the expected end date of the salvage operation;

b) Within thirty (30) days from the date of receiving the report on the sunken property, the competent authority shall approve the investigation and salvage plan, deciding the expected end date of the salvage operation or specifying the deadline for the owner of the sunken property to complete the salvage operation, but this period shall not exceed one year from the date the salvage plan was approved.

2. For sunken property causing danger, the owner of the sunken property must immediately notify the Port Office and organize the salvage operation within the required timeframe as specified in Clause 3 of this Article.

3. Based on actual conditions and the level of danger posed by the sunken property, the Port Office shall decide and notify the owner of the sunken property about the salvage time limit as follows:

a) Within the latest twenty-four (24) hours from the occurrence or discovery of sunken property causing Level 2 danger;

b) Within the latest ten (10) days from the occurrence or discovery of sunken property causing Level 1 danger. If it is necessary to extend the salvage operation time limit, the Port Office must report and obtain written approval from the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration or the Department of Transport and Traffic.

4. For non-dangerous sunken property, in cases of force majeure, the competent authority specified in Article 11 of this Decree may extend the salvage time limit beyond the expected period in the salvage plan.

Article 10. 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 case the sunken property has documents, materials, or marks that can identify the name and address of the owner of the sunken property, within three (3) days from the date of receipt of the notification, the People's Committee of the commune or district shall notify the owner of the sunken property at the address found. The content of the notification shall be implemented according to Model No. 01 in the Appendix of this Decree;

b) In case the owner of the sunken property cannot be identified, within three (3) working days from the date of receipt of the notification of the sunken property, the People's Committee of the province must notify three (3) consecutive times on central and local mass media to find the owner of the sunken property; for sunken property of foreign origin, it must be notified in both Vietnamese and English. The content of the notification shall be implemented according to Model No. 02 in the Appendix of this Decree;

c) Within thirty (30) 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 fulfill the obligation to salvage the sunken property.

2. Notification to the owner of sunken property for dangerous sunken property:

a) The Port Office must immediately notify the owner of the sunken property if the address of the owner of the sunken property can be determined;

b) In case the owner of the sunken property cannot be identified, the Port Office is responsible for reporting to the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration or the Department of Transport and related agencies;

c) The competent authority prescribed in Point b of this Clause must notify three (3) consecutive times on central and local mass media to find the owner of the sunken property if the address of the owner of the sunken property cannot be determined as prescribed in Point b of Clause 1 of this Article. For sunken property of foreign origin, it must be notified in both Vietnamese and English. The content of the notification shall be implemented according to Model No. 02 in the Appendix of this Decree.

Chapter III

SURVEYING AND SALVAGING OF SUNKEN PROPERTY

Article 11. Competent Authority to Approve Survey Plans and Salvage Plans and Decide on Salvage Organization

1. The Ministry of Culture, Sports and Tourism shall take the lead in organizing the approval of survey plans and salvage plans for underwater cultural heritage sunken property and deciding on the organization of salvaging such property, except for cases provided for in Clauses 2, 3, and Clause 4 of this Article.

2. The Ministry of National Defense shall take the lead in organizing the approval of survey plans and salvage plans for sunken property in the field of national defense and security and sunken property in military areas, except for cases provided for in Clauses 1, 3, and Clause 4 of this Article.

3. The Ministry of Transport shall take the lead in organizing the approval of survey plans and salvage plans for dangerous sunken property and delegate authority to the following agencies:

a) The Vietnam Maritime Administration or the Vietnam Inland Waterways Administration for dangerous sunken property without identifiable owners or state-owned property and sunken property surveyed and salvaged by the Port Office;

b) The Port Office, for dangerous sunken property with identifiable owners on inland waterway routes, in port waters, and in Vietnamese territorial waters, where the owner of the sunken property organizes the survey and salvage of the sunken property.

In case the sunken property is underwater cultural heritage or related to national defense and security, before approving the salvage plan, the opinion in writing of the Ministry of Culture, Sports and Tourism or the Ministry of National Defense, and the Ministry of Public Security must be obtained.

4. The People's Committee of the province or centrally-administered city shall take the lead in organizing the approval of survey plans and salvage plans for sunken property not falling under the scope prescribed in Clauses 1, 2, and Clause 3 of this Article and delegate authority to the following agencies:

a) The Department of Transport shall approve survey plans and salvage plans for sunken property in local inland waterway routes for dangerous sunken property without identifiable owners or state-owned property and sunken property surveyed and salvaged by the Port Office under the Department of Transport;

b) The Port Office under the Department of Transport shall approve for dangerous sunken property with identifiable owners.

5. Before approving survey plans and salvage plans for sunken property in areas affecting oil exploration and production activities or causing obstacles to normal operations, affecting the security and safety of oil exploration and production activities, the competent authority prescribed in this Article must obtain the written opinion of the Vietnam Oil and Gas Group.

Article 12. Responsibility for preparing exploration plans and salvage plans for sunken assets

1. The owner of the sunken asset shall directly be responsible or hire organizations or individuals to prepare the exploration plan and the salvage plan, submit them to the competent authority specified in Article 11 of this Decree for approval, and organize their implementation, except for cases stipulated in Clause 3 of this Article.

2. In cases where the owner of the sunken asset cannot be identified or the owner fails to prepare the plan within the prescribed time limit, the competent authority specified in Article 11 of this Decree shall decide to assign organizations or individuals to prepare the exploration plan and the salvage plan for the sunken asset.

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

a) The owner of the sunken asset does not comply with the prescribed time limit;

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

4. The preparation of the exploration plan and the salvage plan for sunken assets may be carried out separately or simultaneously. The competent authority specified in Article 11 of this Decree shall decide on each specific case.

Article 13. Procedures for approving exploration plans and salvage plans for sunken assets

1. Organizations or individuals shall submit directly or through the postal system to the competent authority specified in Article 11 of this Decree one (01) set of documents requesting approval of the exploration plan and the salvage plan for sunken assets.

2. The documents for approving the exploration plan and the salvage plan for sunken assets include:

a) A report from the organization or individual preparing the plan;

b) The exploration plan and the salvage plan as prescribed in Article 14 of this Decree;

c) The opinion of the Port Management Authority (except in cases where the Port Management Authority requests approval of the plan);

d) Other relevant documents and papers (if any).

3. The competent authority approving the exploration plan and the salvage plan for sunken assets shall accept the documents and check the quantity and components of the documents in the following cases:

a) In cases where the documents are submitted directly, if the documents are complete, issue a receipt and schedule the date to deliver the result according to regulations; if the documents are incomplete, return the documents and guide the organization or individual to complete the documents according to regulations;

b) In cases where the documents are received through the postal system, if the documents are complete, accept them and proceed with subsequent steps. If the documents are incomplete according to regulations, the competent authority approving the plan shall send a notification letter and guide the completion of the documents within the latest three (3) working days from the date of receiving the documents;

c) Within the time limit specified in Clause 4 of this Article, the competent authority approving the plan must issue a decision approving the exploration plan and the salvage plan for sunken assets and send it directly or through the postal system to the organization or individual requesting approval.

4. Approval Time Limit:

a) For the exploration plan: Not exceeding five (5) working days from the date of receiving the documents according to regulations;

b) For the salvage plan: Not exceeding ten (10) working days from the date of receiving the documents according to regulations. In cases where the salvage plan is complex, the approval time limit shall not exceed thirty (30) working days;

c) For the salvage plan for sunken assets posing danger, the competent authority approving the plan must immediately organize its approval within twenty-four (24) hours from the time of receiving the documents according to regulations.

Article 14. Contents of the exploration plan and the salvage plan for sunken assets

1. The exploration plan for sunken assets shall include the following basic contents:

a) Name and type of sunken asset;

b) Quantity and type of cargo on board the vessel, fuel oil of the vessel, lubricating oil of the vessel (if it is a ship);

c) Location where the asset was sunk;

d) Organization or unit implementing the plan;

đ) Expected start and end times;

e) Means of participation and exploration methods;

g) Measures to ensure traffic safety during the exploration process with the opinion of organizations responsible for ensuring traffic safety in the salvage area;

h) Handing over the results of the exploration to the competent authority;

i) Measures to prevent environmental pollution;

k) Measures to prevent fire and explosion;

l) Budgeted exploration costs;

m) Conditions for selecting organizations or individuals for salvage (if necessary).

2. The salvage plan for sunken assets shall include the following basic contents:

a) Name and type of sunken asset;

b) Quantity and type of cargo on board the vessel (if it is a ship);

c) Basis for organizing the salvage operation;

d) Results of the implementation of the exploration plan for sunken assets (if applicable);

đ) Location where the asset was sunk;

e) Expected start and end times;

g) Means of participation and salvage methods;

h) Measures to ensure traffic safety during the salvage process with the opinion of organizations responsible for ensuring traffic safety in the salvage area;

i) Measures to ensure labor safety during the salvage process;

k) Measures to store salvaged assets after salvage;

l) Handing over salvaged assets;

m) Measures to prevent environmental pollution;

n) Measures to prevent fire and explosion;

o) Budgeted salvage costs;

p) Conditions for selecting organizations or individuals for salvage (if necessary).

3. For the exploration plan and the salvage plan established and implemented by the asset owner, there is no need to budget for exploration costs and salvage costs.

Article 15. Organization of Exploration and Salvage of Sunken Assets

1. The owner of the sunken asset or organizations or individuals assigned tasks by the competent authority shall be responsible for organizing the exploration and salvage of sunken assets according to the approved exploration plan and salvage plan, except in cases provided for in Clause 2 of this Article.

2. The Port Authority shall be responsible for organizing the salvage of sunken assets that pose danger in the following cases:

a) Organizing exploration and salvage for level 1 dangerous sunken assets when the owner of the sunken asset fails to comply with the deadlines set forth in this Decree;

b) Designating units to carry out exploration and salvage for level 2 dangerous sunken assets when the owner of the sunken asset fails to comply with the deadlines set forth in this Decree;

c) For level 2 dangerous sunken assets, the organization of exploration and salvage may be carried out simultaneously with the examination and approval of the plan by the competent authority.

3. For sunken assets whose owners cannot be identified or whose owners have abandoned the assets and failed to fulfill their responsibility for exploration and salvage; sunken assets belonging to the state, the selection of organizations or individuals to establish plans and organize exploration and salvage shall be decided by the competent authority specified in Article 11 of this Decree through tender procedures under the law on bidding, except in cases provided for in Point b of Clause 2 of this Article.

Article 16. Conditions for Participation in Surveying and Salvaging Sunken Assets

Organizations and individuals from Vietnam or foreign organizations and individuals participating in surveying and salvaging sunken assets must ensure the following conditions:

1. Having business registration or being granted permission to operate surveying and salvaging activities in accordance with the provisions of the Law on Business Registration and Operation Activities.

2. Having experience in surveying and salvaging activities.

3. Having a staff and equipment that meet the requirements of surveying and salvaging activities appropriate to the scale of the approved surveying and salvaging plan by the competent authority.

Article 17. Priority Rights for Surveying and Salvaging Sunken Assets

1. Vietnamese organizations and individuals have priority rights to conclude contracts for surveying and salvaging sunken assets on inland waterways, port waters, and Vietnamese territorial seas.

2. In cases where Vietnamese organizations and individuals lack the capacity for surveying and salvaging, based on the type of sunken asset, the competent authority specified in Article 11 of this Decree shall decide on allowing foreign organizations and individuals to carry out surveying and salvaging of sunken assets in accordance with the provisions of this Decree or be permitted by the Prime Minister to conduct surveying and salvaging of sunken assets in complex situations involving the jurisdiction of multiple Ministries, sectors, and localities.

Chapter IV

RECEIVING, STORING, DESTROYING AND SELLING SUNKEN ASSETS

Article 18. Receiving and Storing Sunken Assets

1. The owner of sunken assets has the responsibility to store their own assets, except in the cases stipulated in Clause 3 and Clause 4 of this Article.

2. Individuals who accidentally salvage, find, rescue, or participate in rescuing other people's floating assets on the sea or washed ashore on the Vietnamese coast, within port waters, and inland waterways have the responsibility to keep these assets until they hand them over to the Port Authority or the People's Committee of the nearest commune or district. The Port Authority or the People's Committee of the nearest commune or district has the responsibility to designate organizations or individuals to store the assets.

3. In cases where sunken assets are underwater cultural heritage, they shall be handled in accordance with the laws on cultural heritage.

4. In cases where sunken assets are related to national defense, security, and located in military areas, the relevant military agency shall take the lead and coordinate with the police agency to organize storage.

5. In cases where sunken assets, after salvaging, belong to state ownership or the asset owner does not accept them, the competent authority approving the salvaging plan shall be responsible for hiring organizations or individuals to receive and store the assets.

Article 19. Transfer of Sunken Assets as Underwater Cultural Heritage or Within National Defense and Security Fields

1. Transfer to state agencies responsible for managing underwater cultural heritage for the following types of sunken assets found:

a) Historical and cultural relics;

b) National treasures;

c) Unique or particularly valuable cultural, scientific, and historical objects belonging to the state according to the laws on underwater cultural heritage.

2. Transfer to military agencies or police agencies for sunken assets found within the fields of national defense or national security.

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

Article 20. Record of Delivery and Receipt of Sunken Property

1. The delivery and receipt of sunken property between organizations and individuals must be recorded in a record of delivery and receipt of property.

2. The record of delivery and receipt of sunken property shall include the following main contents:

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

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

c) Time and location where the property was discovered or salvaged;

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

3. The record of delivery and receipt of sunken property must be signed and confirmed by the authorized representatives of both the delivering and receiving parties, each party retains a copy and sends it to the relevant authority.

Article 21. Destruction of Sunken Property

1. The competent authority prescribed in Article 11 of this Decree decides on the destruction of sunken property that must be destroyed according to the provisions of the law.

2. Organizations and units receiving and preserving sunken property cooperate with relevant agencies to implement the destruction of property as stipulated in Clause 1 of this Article in accordance with the relevant provisions of the law.

3. The destruction must be recorded in a record including the following main contents:

a) Name and type of property being destroyed;

b) Basis for implementing the destruction of property;

c) Time and location of property destruction;

d) Type and quantity of property being destroyed;

đ) Form of property destruction;

e) Participants involved in the destruction of property.

4. The cost of destroying property shall be paid by the owner of the sunken property. In cases where the sunken property belongs to the state, the payment of destruction costs and related costs for investigating and salvaging sunken property shall be decided by the competent authority prescribed in Article 11 of this Decree.

Article 22. Sale of State-Owned Sunken Property

1. The sale of state-owned sunken property shall be carried out in accordance with the provisions of the law on auctioning assets. The competent authority as prescribed in Article 11 of this Decree approves the plan for investigation, salvage, and decision on the auction of sunken property.

2. For state property managed and used by people's armed forces, the sale of sunken property shall be carried out in accordance with the provisions of the law on managing and using state property at people's armed forces units.

3. In cases where sunken property is historical artifacts or antiques sold through auctions abroad, they shall be carried out in accordance with other relevant provisions of the law.

Article 23. Costs of Handling Sunken Property

Costs of handling sunken property include:

1. Costs of investigating, salvaging, and appraising sunken property.

2. Costs of transporting, guarding, and preserving sunken property.

3. Costs of regulating traffic safety measures during the investigation and salvage process (if applicable).

4. Costs of notifying the owner of the property, transferring the property, destroying the property, valuing the property, and auctioning the property.

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

6. Reward costs (if applicable).

7. Interest on handling costs of sunken property overdue beyond the payment deadline (if applicable).

8. Other reasonable costs related (if applicable).

Article 24. Payment of Costs of Handling Sunken Property

1. The owner of the sunken property is responsible for paying the handling costs of sunken property as prescribed in Article 23 of this Decree. The payment deadline for handling costs of sunken property is no later than twelve months from the date of completion of the salvage. If the handling costs of sunken property are not paid within twelve months, interest will be added to the unpaid amount based on the basic interest rate published by the State Bank at the time of payment.

2. In cases where the organization investigating and salvaging sunken property causes danger as prescribed in Clause 2 of Article 15 of this Decree, if the revenue obtained is insufficient to cover the costs and the owner is unable to pay or the owner cannot be identified, the remaining amount shall be supplemented from the state budget. The competent authority prescribed in Article 11 of this Decree, which is responsible for selling sunken property, decides on the payment of related costs for handling sunken property.

3. Handling costs of sunken property may be paid in kind from salvaged items; payment in kind can be made before or after the salvage of sunken property. The state agency with the authority to approve plans for investigating and salvaging sunken property decides on payment in kind in accordance with Article 26 of this Decree.

4. In cases where sunken property is handled by destruction, the owner of the sunken property must bear the destruction costs. If the owner of the sunken property is unable to pay or the owner cannot be identified, the costs will be paid from the state budget. The competent authority prescribed in Article 11 of this Decree decides on the payment of related costs for destroying sunken property.

5. Costs of handling dangerous sunken property organized by Port Authorities can be advanced from the annual budget of the Ministry of Transport and Provincial People's Committees for salvaging sunken property. The Ministry of Finance guides the preparation, allocation, and settlement of funds for handling sunken property from the state budget.

Article 25. Handling sunken property owned by foreign organizations and individuals

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

1. Sunken property that is vessels, after being salvaged, if sold to Vietnamese organizations or individuals must comply with procedures for import and export and taxes, fees, and charges as prescribed by law.

2. Sunken property that is goods or other objects, after being salvaged, if sold in Vietnam must comply with procedures as prescribed for imported goods.

3. Sunken property that is foreign government vessels or foreign warships, after being salvaged, shall be handled through diplomatic channels.

Article 26. Payment of salvage costs for sunken property in kind

In cases where the owner of sunken property cannot be identified or it is ownerless, or the sunken property belongs to the state, payment of salvage costs in kind shall be carried out according to the following provisions:

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

a) The valuation committee established in accordance with Article 27 of this Decree shall determine the value of the sunken property;

b) The competent authority specified in Article 11 of this Decree shall select organizations or individuals to conduct surveys, salvage, and sell the sunken property through public auction, paying the salvage costs in kind according to the law on auctioning assets.

2. For sunken property that has already been salvaged:

a) The valuation committee established in accordance with Article 27 of this Decree shall determine the value of the sunken property;

b) The competent authority specified in Article 11 of this Decree, based on the survey and salvage costs in the approved plan and the value of the sunken property determined by the valuation committee, shall decide to pay the salvage costs in kind to the relevant organizations or individuals.

Article 27. Establishment of the Valuation Committee and Determination of the Value of Sunken Property

1. The competent authority specified in Article 11 of this Decree shall decide to establish the Valuation Committee to determine the value of sunken property. The Chairman of the Committee is the representative of the competent authority deciding to establish the Committee.

2. Members of the Valuation Committee include:

a) The Chairman of the Valuation Committee;

b) A representative from the Port Authority (in cases where the survey and salvage plans for sunken property have not been approved);

c) A financial agency representative (the Ministry of Finance for sunken property whose survey and salvage plans have been approved by central-level competent authorities; the Department of Finance for sunken property whose survey and salvage plans have been approved by local-level competent authorities);

d) A representative from the entity tasked with receiving and preserving sunken property;

đ) A representative from a technical agency or experts on property;

e) Representatives from related agencies and organizations.

3. The minimum number of members of the Valuation Committee is five.

4. The Valuation Committee is responsible for valuing sunken property in accordance with legal principles, methods, and appraisal standards.

5. The Valuation Committee may hire or entrust the entity tasked with receiving and preserving sunken property; or hire an organization with the necessary conditions for conducting asset appraisals to determine the value of sunken property for review and reference before making a decision.

6. The operating costs of the Valuation Committee shall be included in the salvage costs for sunken property and paid according to regulations.

Article 28. Principles of Operation of the Valuation Council

1. The Valuation Council operates on a collective basis. Meetings of the Valuation Council must have at least two-thirds of the total number of members present. Decisions of the Valuation Council must be approved by more than half of the members and recorded in minutes. In case of an equal number of votes, the option with the vote of the Chairman of the Valuation Council shall prevail.

2. The Valuation Council prepares minutes on the valuation of assets. The asset valuation minutes must promptly, fully, and truthfully record the entire valuation process.

3. The main contents of the asset valuation minutes include:

a) Name and type of asset being valued;

b) Full name of the Chairman of the Valuation Council and other members of the Valuation Council;

c) Full names of those attending the asset valuation meeting;

d) Time and location of the asset valuation process;

đ) Opinions of the Valuation Council members and attendees of the asset valuation meeting;

e) Voting results of the Valuation Council regarding the value of the asset;

g) Location where the asset valuation was completed;

h) Signatures of the Valuation Council members.

4. The asset valuation minutes must be kept in the asset valuation file.

Article 29. Use of Asset Value Determined by the Valuation Council

The asset value determined by the Valuation Council serves as the basis for:

1. Paying costs for handling sunken assets when the competent authority decides to pay costs in kind.

2. Determining the starting price for auctioning.

3. Awarding rewards to organizations and individuals who discover sunken assets.

Article 30. Management of Revenue from Handling Sunken Assets

1. For sunken assets whose owners cannot be identified or whose owners relinquish ownership rights according to Point a, Clause 1, Article 7 of this Decree, the proceeds from the auction of such sunken assets shall be used to cover 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 the state budget.

2. For sunken assets that lose ownership rights according to Point b, Clause 1, Article 7 of this Decree, after covering the expenses stipulated in Article 23 of this Decree, any remaining proceeds (if any) shall be deposited into a bank and notified to the owner; if the owner does not claim the remaining amount within 180 days from the date of notification, the amount together with accrued interest shall be deposited into the state budget in accordance with the laws on the state budget.

Article 31. Reward Payment, Procedures for Reward Payment for Discovering Sunken Assets

Organizations and individuals discovering sunken assets shall be rewarded a percentage of the value of the sunken assets. The level of reward payment and procedures for reward payment shall be carried out in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

1. This Decree takes effect from December 12, 2013, and replaces Decree No. 18/2006/NĐ-CP dated February 10, 2006, of the Government on the handling of sunken assets in the sea.

2. This Decree is accompanied by one Appendix containing templates of documents used in the handling of sunken assets.

3. Where the provisions of this Decree differ from the provisions in Clause 3, Article 6; Point c, Clause 2, Article 9; Clause 5, Article 19 of Decree No. 96/2009/NĐ-CP dated October 30, 2009, on the handling of buried or sunken assets discovered or found on land, islands, and Vietnam's territorial waters, and Decree No. 86/2005/NĐ-CP dated July 8, 2005, on the management and protection of underwater cultural heritage concerning the same content related to the handling of sunken assets causing danger, the provisions of this Decree shall apply.

Article 33. Implementation Organization

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

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