Decree No. 161/2013/ND-CP on Registration and Purchase, Sale, and Construction of Ships

DECREE

Regarding registration and purchase, sale, and construction of new ships

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Transport;

The Government issues a Decree on registration and purchase, sale, and construction of new ships,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates matters concerning registration and purchase, sale, and construction of new ships.

2. Provisions regarding ship registration under this Decree also apply to the registration of public service vessels.

3. This Decree does not apply to the purchase, sale, and construction of new ships of the following types:

a) Ships owned by foreign organizations or individuals that are newly constructed in Vietnam;

b) Ships owned by foreign organizations or individuals and flying foreign flags sold at auction in Vietnam pursuant to a decision of a competent state agency with authority;

c) Public service vessels.

4. This Decree does not apply to the registration and purchase, sale, and construction of ships used for defense and security purposes and ships powered by nuclear energy and seaplanes.

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals related to ship registration, purchase, sale, and construction.

Article 3. Explanation of Terms

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

1. Ship registration is the act of the competent authority for ship registration in Vietnam recording and storing information about ships in the national ship registry of Vietnam and issuing a ship registration certificate in accordance with this Decree and relevant laws.

Ship registration includes the following forms:

a) Unlimited-term ship registration;

b) Term-limited ship registration;

c) Re-registration of ships;

d) Change registration;

đ) Temporary ship registration;

e) Registration of ships under construction;

g) Registration of small ships.

2. Unlimited-term ship registration is the registration of a ship when such ship meets the conditions specified in Article 16 of the 2005 Vietnam Maritime Code and the provisions of this Decree.

3. Term-limited ship registration is the registration of a ship within a specific period upon request of the ship owner when such ship meets the conditions specified in Article 16 of the 2005 Vietnam Maritime Code and the provisions of this Decree.

4. Re-registration of ships is the registration of a ship which was previously registered in the national ship registry of Vietnam but subsequently had its registration canceled.

5. Change registration is the registration of a ship that has been registered in the national ship registry of Vietnam but has undergone changes in name, owner's name, structure, technical specifications, function, regional ship registration authority, or ship inspection organization.

6. Temporary ship registration is the registration of a ship owned by Vietnamese organizations or individuals or foreign organizations or individuals temporarily flying the Vietnamese flag in the following cases:

a) Not yet paying fees as prescribed;

b) Not yet having a certificate of cancellation of ship registration but having committed in a ship purchase or sale contract that the seller will hand over the certificate of cancellation of ship registration to the buyer within thirty days from the date of signing the delivery memorandum. In this case, the temporary Vietnamese ship registration certificate only takes effect from the date both parties sign the delivery memorandum;

c) Testing a newly built ship or receiving a newly built ship for delivery to the place of registration based on a shipbuilding contract;

d) Special cases decided by the Minister of Transport.

7. Registration of ships under construction is the registration of a ship that has been laid down but has not yet completed construction.

8. Registration of small ships is the registration of a ship with a main engine power below 75 kW or a ship without a main engine but with a total gross tonnage below 50 GT or a total deadweight below 100 tons or a designed waterline length below 20 meters.

9. Purchase and sale of ships is the process of market research, preparation of project documentation, decision-making, contract signing, and implementation of ship purchase and sale contracts.

10. A valid dossier is a dossier containing all required documents as prescribed in this Decree.

11. Public service vessels are ships specifically used for public service purposes, not for commercial purposes.

12. The age of a ship is calculated from the date it was laid down.

Chapter II

SHIP REGISTRATION

Section 1

VIETNAMESE SHIP REGISTRATION AUTHORITY

Article 4. The Vietnamese Ship Registration Authority

The Vietnamese Ship Registration Authority includes:

1. The national ship registration authority is the Vietnam Maritime Administration Bureau;

2. The regional ship registration authority is the Maritime Branch or Port Branch determined by the Director of the Vietnam Maritime Administration Bureau.

Article 5. Tasks of the National Ship Registration Authority

1. Establishing and managing the National Ship Register of Vietnam.

2. Directing and inspecting ship registration activities in Vietnam at regional ship registration authorities.

3. Compiling, statistically analyzing, maintaining, updating relevant databases on ship registration activities, and providing related information to interested organizations and individuals.

4. Uniformly managing the printing and issuance of forms related to ship registration activities and implementing the application of information technology in ship registration work as prescribed.

5. International cooperation in ship registration.

6. Announcing specific information on the Vietnam Maritime Administration Bureau's electronic information website regarding the address and account of the Regional Ship Registration Authority for organizations and individuals to submit documents via postal service and pay related fees through bank transfers.

Article 6. Tasks of the Regional Ship Registration Authority

1. Implementing ship registration according to the provisions of the Vietnam Maritime Code and this Decree.

2. Implementing ship mortgage registration according to the laws on secured transactions and secured transaction registration.

3. Storing and managing documents related to ship registration activities in the region and providing related information to interested organizations and individuals.

4. Collecting, depositing, and using ship registration fees according to the law.

Article 7. Content of the National Ship Register of Vietnam

1. The National Ship Register of Vietnam records information related to ship registration and deregistration, and the National Ship Register of Vietnam can be established in paper form or electronic form.

2. The National Ship Register of Vietnam includes contents as prescribed in Appendix III issued together with this Decree.

Section 2

VIETNAMESE SHIP REGISTRATION

Article 8. Age Limit for First-Time Ship Registration in Vietnam

Used ships registering for the first time in Vietnam must meet the following age requirements:

a) Passenger ships not older than 10 years;

b) Other types of ships not older than 15 years.

2. The age limit for ships specified in Clause 1 of this Article does not apply to foreign-owned ships sold at auction in Vietnam pursuant to a decision by an authorized agency.

3. Foreign ships purchased by Vietnamese organizations or individuals through purchase loans or lease purchases may transfer their registration from a foreign flag to a Vietnamese flag after the expiration of the period of registration under a foreign flag, provided that the ship's age at the time of signing the loan or lease purchase contract complies with the provisions of Clause 1 of this Article.

Article 9. Naming Ships and Registration Ports

1. The ship name is set by the ship owner but cannot duplicate existing ship names in the National Ship Register of Vietnam; it cannot use the names of state agencies, people's armed forces units, political organizations, political-social organizations, social-professional organizations, social organizations, or social-professional organizations unless approved by the respective agency, unit, or organization; it cannot use words or symbols that violate historical traditions, cultural values, ethics, and customs of the nation.

2. The application dossier for ship naming approval includes:

a) A request for ship naming approval according to Model No. 5 prescribed in Appendix I issued together with this Decree;

b) A ship purchase or sale contract, a new ship construction contract, or other legally equivalent evidence of ownership of the ship (certified copy or original for verification);

c) Business registration certificate or Enterprise Registration Certificate (certified copy or original for verification). In case the ship owner is a foreign organization, a branch establishment license in Vietnam (certified copy or original for verification) shall be submitted;

d) In case the ship owner is an individual, additional submission of identity card (original for verification) or residence certificate confirmed by the local police (original). In case the ship owner is a foreign individual, a passport (certified copy or original for verification) shall be submitted.

3. Organizations and individuals directly submit one set of application dossier or send it via postal service to one of the regional ship registration authorities.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In case of submission via postal service, if the dossier is incomplete, the regional ship registration authority will guide the completion of the dossier according to the provisions of this Decree within two working days from the date of receipt;

c) Within three working days from the date of receiving a complete and valid dossier, the regional ship registration authority responds in writing to the ship owner about the approval of the chosen ship name; in case of disapproval, the reasons must be clearly stated in writing.

5. The ship owner selects the registration port for their ship based on the name of the maritime port where the ship registration authority is located.

Article 10. Procedure for registering unlimited-term ships

1. Certificate of registration of Vietnamese ships.

a) The Certificate of Registration of Vietnamese Ships shall be issued to ships registered without a time limit that meet the conditions and have been registered in the National Ship Register of Vietnam in accordance with the procedures stipulated in this Decree;

b) The Certificate of Registration of Vietnamese Ships shall be issued one original copy according to Model No. 4 prescribed in Appendix II promulgated together with this Decree;

c) The Certificate of Registration of Vietnamese Ships shall be valid from the date of issuance until the date of deregistration of the ship.

2. Documents for registering unlimited-term ships include:

a) Application for ship registration according to Model No. 2 prescribed in Appendix I promulgated together with this Decree;

b) Certificate of deregistration of ships (original) for used ships or acceptance certificate upon delivery of new ships (original);

c) Purchase and sale contract of ships or new construction contract of ships or other equivalent legal evidence proving ownership of the ship (original);

d) Certificate of ship tonnage (certified copy or copy accompanied by the original for verification);

đ) Classification certificate of ships (certified copy or copy accompanied by the original for verification);

e) Evidence proving payment of stamp duty as prescribed, including declaration of stamp duty with confirmation by the tax authority and receipt of payment into the state budget (copy accompanied by the original for verification). In cases where ships are exempted from stamp duty, submit the declaration of stamp duty with confirmation by the tax authority (copy accompanied by the original for verification);

g) Business registration certificate or Enterprise registration certificate (certified copy or copy accompanied by the original for verification). In cases where the ship owner is a foreign organization, submit the license for establishing a branch in Vietnam (certified copy or copy accompanied by the original for verification);

h) In cases where the ship owner is an individual, additional submission of identity card (copy accompanied by the original for verification) or residence certificate confirmed by the commune police (original) is required. In cases where the ship owner is a foreign individual, submit passport (copy accompanied by the original for verification).

3. Organizations and individuals directly submit one set of application dossier or send it via postal service to one of the regional ship registration authorities.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid applications, the ship registration authority shall issue the Certificate of Registration of Vietnamese Ships and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 11. Procedure for registering term-limited ships

1. Certificate of registration of term-limited ships.

a) The registration period of ships shall be recorded on the Certificate of Registration of Term-Limited Ships corresponding to the lease-purchase contract period or bareboat charter contract period or at the request of the ship owner.

b) The Certificate of Registration of Term-Limited Ships shall be issued one original copy according to Model No. 1 prescribed in Appendix II promulgated together with this Decree.

2. Documents for registering a ship with a term in the case where the ship owner is a Vietnamese organization or individual leasing or purchasing a ship or bareboat chartering, including:

a) Application for ship registration according to Model No. 2 prescribed in Appendix I promulgated together with this Decree;

b) Certificate of ship tonnage (certified copy or copy accompanied by the original for verification);

c) Classification certificate of ships (certified copy or copy accompanied by the original for verification);

d) Business registration certificate or Enterprise registration certificate (certified copy or copy accompanied by the original for verification);

đ) Certificate of deregistration of ships (original);

e) Lease-purchase contract of ships or bareboat charter contract (original);

g) Delivery certificate (original);

h) Evidence proving payment of stamp duty as prescribed, including declaration of stamp duty with confirmation by the tax authority and receipt of payment into the state budget (copy accompanied by the original for verification). In cases where ships are exempted from stamp duty, submit the declaration of stamp duty with confirmation by the tax authority (copy accompanied by the original for verification);

i) In cases where the ship owner is an individual, additional submission of identity card (copy accompanied by the original for verification) or residence certificate confirmed by the commune police (original) is required.

3. Documents for registering term-limited ships in cases where the ship owner is a foreign organization or individual, including the documents specified in Points a, b, c, đ, e, g, and h Clause 2 of this Article; license for establishing a branch in Vietnam (certified copy or copy accompanied by the original for verification) or passport (copy accompanied by the original for verification).

4. Organizations and individuals shall submit one set of documents directly or send them via the postal system to one of the ship registration authorities.

5. The ship registration authority shall accept the documents and check their validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

6. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 12. Procedure for Re-registering Ships

1. The ship registration certificate in the case where a ship is re-registered shall be the ship registration certificate issued by the ship registration authority based on the form of re-registration of that ship.

2. Documents for re-registering ships include:

a) In the case of re-registering ships without a time limit, the registration documents include the papers prescribed in Clause 2, Article 10 of this Decree;

b) In the case of re-registering ships with a time limit, the registration documents include the papers prescribed in Clause 2, Article 11 of this Decree;

c) In the case of re-registering ships under construction, the registration documents include the papers prescribed in Points c, d, and đ of Clause 2, Article 21 of this Decree;

d) In the case of re-registering small ships, the registration documents include the papers prescribed in Clause 2, Article 22 of this Decree.

3. Organizations and individuals directly submit one set of application dossier or send it via postal service to one of the regional ship registration authorities.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 13. Procedure for Changing Ship Names

1. The ship registration certificate issued in the case where a ship changes its name shall be the corresponding ship registration certificate with the new name of the ship according to the previous registration form.

2. Documents for changing ship names.

a) In the case of registering ships without a time limit, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the papers prescribed at Points d and đ of Clause 2, Article 10 of this Decree and the original ship registration certificate;

b) In the case of registering ships with a time limit, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the papers prescribed at Points b, c, and e of Clause 2, Article 11 of this Decree and the original ship registration certificate;

c) In the case of registering ships under construction, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the paper prescribed at Point c of Clause 2, Article 21 of this Decree and the original ship registration certificate;

d) In the case of registering small ships, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the papers prescribed at Point g of Clause 2, Article 22 of this Decree and the original ship registration certificate.

3. Organizations and individuals submit directly one set of documents or send through the postal system to the ship registration authority in the area where the ship was previously registered.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 14. Procedure for Changing the Name of the Ship Owner

1. The ship registration certificate issued in the case where the name of the ship owner changes shall be the corresponding ship registration certificate with the new name of the ship owner according to the previous registration form of the ship.

2. Documents for changing the name of the ship owner.

a) In the case of registering ships without a time limit, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the papers prescribed at Points d, đ, g, and h of Clause 2, Article 10 of this Decree and the original ship registration certificate;

b) In the case of registering ships with a time limit, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the papers prescribed at Points b, c, d, and i of Clause 2, Article 11 of this Decree and the original ship registration certificate;

c) In the case of registering ships under construction, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the papers prescribed at Points c, d, and đ of Clause 2, Article 21 of this Decree and the original ship registration certificate;

d) In the case of registering small ships, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree, the papers prescribed at Points đ, e, and g of Clause 2, Article 22 of this Decree and the original ship registration certificate.

3. Organizations and individuals submit directly one set of documents or send through the postal system to the ship registration authority in the area where the ship was previously registered.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 15. Procedures for registering changes in ownership of seagoing vessels

1. The certificate of registration of a seagoing vessel shall be issued in the case of change in ownership of the seagoing vessel, which is a certificate of registration of a seagoing vessel issued to the new owner corresponding to the previous form of registration of the seagoing vessel.

2. Documents for registering changes in ownership of seagoing vessels.

a) In the case of indefinite registration of a seagoing vessel, the registration documents include: Application form for registration change according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the documents prescribed in Points c, d, đ, e, g, and h Clause 2 Article 10 of this Decree; original certificate of registration of the seagoing vessel and original consent document of the mortgagee (in the case where the seagoing vessel is under mortgage status);

b) In the case of time-limited registration of a seagoing vessel, the registration documents include: Application form for registration change according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the documents prescribed in Points b, c, d, e, g, h, and i Clause 2 Article 11 of this Decree; original certificate of registration of the seagoing vessel and original consent document of the mortgagee (in the case where the seagoing vessel is under mortgage status);

c) In the case of registration of a seagoing vessel under construction, the registration documents include: Application form for registration change according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the documents prescribed in Points d, đ Clause 2 Article 21 of this Decree; original certificate of registration of the seagoing vessel and original consent document of the mortgagee (in the case where the seagoing vessel is under mortgage status);

d) In the case of registration of a small seagoing vessel, the registration documents include: Application form for registration change according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the documents prescribed in Points c, d, đ, e, and g Clause 2 Article 22 of this Decree; original certificate of registration of the seagoing vessel and original consent document of the mortgagee (in the case where the seagoing vessel is under mortgage status).

3. Organizations and individuals submit one set of documents directly or send through the postal system to the vessel registration authority in the area where the seagoing vessel was previously registered.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 16. Procedures for registering changes in structure and technical specifications of seagoing vessels

1. The certificate of registration of a seagoing vessel shall be issued in the case of change in structure and technical specifications of the seagoing vessel, which is a certificate of registration of a seagoing vessel corresponding to the previous form of registration of the seagoing vessel issued to the owner having the seagoing vessel registered for changes in structure and technical specifications.

2. Documents for registering changes in structure and technical specifications of seagoing vessels.

a) In the case of indefinite registration of a seagoing vessel, the registration documents include: Application form for registration change according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the documents prescribed in Points d and đ Clause 2 Article 10 of this Decree and original certificate of registration of the seagoing vessel;

b) In the case of time-limited registration of a seagoing vessel, the registration documents include: Application form for registration change according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the documents prescribed in Points b and c Clause 2 Article 11 of this Decree and original certificate of registration of the seagoing vessel;

c) In the case of registration of a seagoing vessel under construction, the registration documents include: Application form for registration change according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the documents prescribed in Point b Clause 2 Article 21 of this Decree and original certificate of registration of the seagoing vessel;

d) In the case of registering small ships, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the papers prescribed at Point g of Clause 2, Article 22 of this Decree and the original ship registration certificate.

3. Organizations and individuals submit directly one set of documents or send through the postal system to the ship registration authority in the area where the ship was previously registered.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The owner of the vessel pays the registration fee for the seagoing vessel according to the regulations of the Ministry of Finance either directly or transferred to the account of the vessel registration authority in the area before receiving the result; bears all costs of sending documents, letters, and related transfer fees.

Article 17. Procedure for registering changes to the maritime vessel registration authority

1. The certificate of maritime vessel registration shall be issued when there is a change in the maritime vessel registration authority, which is a certificate of maritime vessel registration issued by the new maritime vessel registration authority corresponding to the previous registration form of the vessel.

2. Documents for registering changes to the maritime vessel registration authority.

a) In the case of indefinite-term vessel registration, the registration documents include: Application form for changing registration according to Model No. 1 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points d, đ, g, and h Clause 2 Article 10 of this Decree and the original certificate of deregistration of the maritime vessel;

b) In the case of definite-term vessel registration, the registration documents include: Application form for changing registration according to Model No. 1 prescribed in Appendix I promulgated together with this Decree and the documents specified in Points b, c, d, e, g, and i Clause 2 Article 11 of this Decree and the original certificate of deregistration of the maritime vessel;

c) In the case of vessel registration during construction, the registration documents include: Application form for changing registration according to Model No. 1 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points b, d, and đ Clause 2 Article 21 of this Decree and the original certificate of deregistration of the maritime vessel;

d) In the case of small vessel registration, the registration documents include: Application form for changing registration according to Model No. 1 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points đ, e, and g Clause 2 Article 22 of this Decree and the original certificate of deregistration of the maritime vessel.

3. Organizations and individuals directly submit one set of application dossier or send it via postal service to one of the regional ship registration authorities.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 18. Procedure for registering changes to the organization conducting vessel inspection

1. The certificate of maritime vessel registration when there is a change in the organization conducting vessel inspection is a certificate of maritime vessel registration issued to the vessel owner corresponding to the previous registration form of the vessel.

2. Documents for registering changes to the organization conducting vessel inspection.

a) In the case of indefinite-term vessel registration, the registration documents include: Application form for changing registration according to Model No. 1 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points d and đ Clause 2 Article 10 of this Decree and the original certificate of registration of the maritime vessel;

b) In the case of definite-term vessel registration, the registration documents include: Application form for changing registration according to Model No. 1 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points b and c Clause 2 Article 11 of this Decree and the original certificate of registration of the maritime vessel;

c) In the case of registering ships under construction, the registration documents include: Application form for changing registration according to Form No. 1 stipulated in Appendix I promulgated together with this Decree; the paper prescribed at Point c of Clause 2, Article 21 of this Decree and the original ship registration certificate;

d) In the case of small vessel registration, the registration documents include: Application form for changing registration according to Model 1 prescribed in Appendix I promulgated together with this Decree; the documents specified in Point g Clause 2 Article 22 of this Decree and the original certificate of registration of the maritime vessel.

3. Organizations and individuals submit directly one set of documents or send through the postal system to the ship registration authority in the area where the ship was previously registered.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 19. Procedure for registering temporary maritime vessels

1. Certificate of temporary registration of Vietnamese maritime vessels:

a) The certificate of temporary registration of Vietnamese maritime vessels is issued one original copy to the vessel owner who registers a temporary maritime vessel flying the flag of Vietnam according to Model No. 2 prescribed in Appendix II promulgated together with this Decree;

b) The certificate of temporary registration of Vietnamese maritime vessels has a validity period of 180 days from the date of issuance. In cases where the certificate of temporary registration of Vietnamese maritime vessels expires before the vessel can return to Vietnam to complete formal registration procedures, the maritime vessel registration authority that issued the certificate of temporary registration of Vietnamese maritime vessels may extend it once but not exceeding 180 days from the expiration date of the first certificate of temporary registration of Vietnamese maritime vessels. If after extending the certificate of temporary registration of Vietnamese maritime vessels, the vessel still cannot return to Vietnam to complete formal registration procedures due to force majeure, the Director of the Vietnam Maritime Administration decides to extend the time for temporary registration of the maritime vessel but not exceeding 180 days.

2. Documents for registering temporary maritime vessels include:

a) In cases where fees have not been paid, the registration documents include: Application form for registering maritime vessels according to Model No. 2 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points b, c, d, đ, g, and h Clause 2 Article 10 of this Decree;

b) In cases where there is no certificate of deregistration of the maritime vessel, the registration documents include: Application form for registering maritime vessels according to Model No. 2 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points c, d, đ, g, and h Clause 2 Article 10 of this Decree;

c) In cases of testing newly built vessels, the registration documents include: Application form for registering maritime vessels according to Model No. 2 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points c, d, g, and h Clause 2 Article 10 of this Decree;

d) In cases of receiving newly built vessels to bring them to the place of registration based on shipbuilding contracts, the registration documents include: Application form for registering maritime vessels according to Model No. 2 prescribed in Appendix I promulgated together with this Decree; the documents specified in Points c, d, đ, g, and h Clause 2 Article 10 of this Decree.

3. Organizations and individuals directly submit one set of application dossier or send it via postal service to one of the regional ship registration authorities.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 20. Procedure for Issuing a Temporary Permit to Fly the Flag of Vietnam

1. Temporary Permit to Fly the Flag of Vietnam:

a) The Temporary Permit to Fly the Flag of Vietnam shall be issued by diplomatic agencies, consular agencies, or other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to collectively as the Vietnamese Representative Agency) one original copy according to Model No. 6 stipulated in Appendix II promulgated together with this Decree for Vietnamese organizations and individuals purchasing ships from foreign organizations and individuals.

b) The Temporary Permit to Fly the Flag of Vietnam shall only be valid for one specific voyage of that ship and shall be effective from the date of issuance until the ship arrives at the first Vietnamese port.

2. Documents for issuing a Temporary Permit to Fly the Flag of Vietnam include:

a) Application for ship registration according to Model No. 2 prescribed in Appendix I promulgated together with this Decree;

b) Certificate of deregistration for used ships (a certified copy along with the original for verification);

c) Acceptance and delivery report for ships received from new construction abroad to bring the ship back to Vietnam (a certified copy along with the original for verification);

d) Ship purchase and sale contract, new ship construction contract, or other legally equivalent evidence proving ownership of the ship (a certified copy along with the original for verification);

đ) Ship tonnage certificate (a certified copy along with the original for verification);

e) Ship classification certificate (a certified copy along with the original for verification);

g) Business registration certificate or Enterprise registration certificate (a certified copy with authentication). In case the ship owner is a foreign organization, submit a branch establishment permit in Vietnam (a certified copy with authentication);

h) In case the ship owner is an individual, they must additionally submit a national identity card (a certified copy along with the original for verification) or a residence certificate confirmed by the police of the commune (original). In case the ship owner is a foreign individual, submit a passport (a certified copy along with the original for verification).

3. Organizations and individuals shall submit one set of documents directly or send through the postal system to one of the Vietnamese Representative Agencies where the ship was purchased or where the ship was delivered.

4. The Vietnamese Representative Agency shall accept the documents and check their validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In case the documents are received via postal service, if the documents are not valid, within no more than three working days from the date of receipt, the Vietnamese Representative Agency shall guide the completion of the documents in accordance with this Decree;

c) Within no more than three working days from the date of receiving all valid documents, the Vietnamese Representative Agency shall issue the Temporary Permit to Fly the Flag of Vietnam and return it directly or send it through the postal system; in case the permit is not issued, a written response stating the reasons must be provided.

Article 21. Procedure for Registering Ships Under Construction

1. Certificate of Registration for Ships Under Construction:

a) The Certificate of Registration for Ships Under Construction shall be issued one original copy according to Model No. 3 stipulated in Appendix II promulgated together with this Decree;

b) The Certificate of Registration for Ships Under Construction does not have the value to replace the Certificate of Registration for Ships.

2. Documents for registering ships under construction include:

a) Application for ship registration according to Model No. 2 prescribed in Appendix I promulgated together with this Decree;

b) New ship construction contract (original);

c) Confirmation of the main hull being laid down by the shipyard with confirmation from the classification society (original);

d) Business registration certificate or Enterprise registration certificate (certified copy or certified copy along with the original for verification). In case the ship owner is a foreign organization, submit a branch establishment permit in Vietnam (certified copy or certified copy along with the original for verification);

đ) In case the ship owner is an individual, they must additionally submit a national identity card (certified copy along with the original for verification) or a residence certificate confirmed by the police of the commune (original). In case the ship owner is a foreign individual, submit a passport (certified copy along with the original for verification).

3. Organizations and individuals directly submit one set of application dossier or send it via postal service to one of the regional ship registration authorities.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 22. Procedure for registering small sea vessels

1. The Certificate of Registration for small sea vessels shall be issued one original copy according to Model No. 4 prescribed in Appendix II attached to this Decree.

2. The dossier for registering small sea vessels includes:

a) Application for ship registration according to Model No. 2 prescribed in Appendix I promulgated together with this Decree;

b) Certificate of De-registration of sea vessel (original) for used vessels or handover record for newly built vessels (original);

c) Purchase and sale contract of ships or new construction contract of ships or other equivalent legal evidence proving ownership of the ship (original);

d) Proof of payment of stamp duty as prescribed, including the Stamp Duty Declaration Form with confirmation from the tax authority and proof of payment into the state budget (a copy accompanied by the original for verification). In cases where the sea vessel is exempted from stamp duty, submit the Stamp Duty Declaration Form with confirmation from the tax authority (a copy accompanied by the original for verification);

đ) Business Registration Certificate or Enterprise Registration Certificate (a certified copy or a copy accompanied by the original for verification). In cases where the owner of the vessel is a foreign organization, submit the license for establishing a branch in Vietnam (a certified copy or a copy accompanied by the original for verification);

e) In cases where the owner of the vessel is an individual, they must additionally submit a copy of their identity card (accompanied by the original for verification) or a residence certificate confirmed by the police station (original). In cases where the owner of the vessel is a foreign individual, submit a passport (a copy accompanied by the original for verification);

g) Vessel Technical Safety Inspection Book (a copy accompanied by the original for verification).

3. Organizations and individuals directly submit one set of application dossier or send it via postal service to one of the regional ship registration authorities.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The ship owner shall pay the ship registration fee as prescribed by the Ministry of Finance, either directly or transferred into the account of the ship registration authority before receiving the result; bear all costs of sending documents, letters, and related transfer fees.

Article 23. Procedure for deregistering Vietnamese sea vessels

1. The Certificate of Deregistration of Vietnamese sea vessels shall be issued in the cases stipulated in Article 20 of the Vietnamese Maritime Code 2005 and shall be issued one original copy according to Model No. 5 prescribed in Appendix II attached to this Decree.

2. The dossier for deregistering Vietnamese sea vessels includes:

a) Application for Deregistration of Sea Vessels according to Model No. 3 prescribed in Appendix I attached to this Decree;

b) Certificate of Registration of Sea Vessel (original). In cases where the Certificate of Registration of Sea Vessel is lost, the owner of the vessel must clearly state the reason;

c) In cases where the sea vessel is mortgaged, the consent in writing of the mortgagee must be obtained and the mortgage registration must be cancelled.

3. Organizations and individuals submit directly one set of documents or send through the postal system to the ship registration authority in the area where the ship was previously registered.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within the latest three working days from the date of receipt of complete and valid dossiers, the vessel registration authority in the region shall issue the Certificate of Deregistration of Vietnamese sea vessels and deliver it directly or send it through the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The owner of the vessel shall pay the fee for deregistration of sea vessels as prescribed by the Ministry of Finance, either in person or transferred into the account of the vessel registration authority in the region before receiving the result; bear all costs for sending the dossier, documents, and related transfer fees.

Article 24. Procedure for reissuing the Certificate of Registration of Sea Vessels

1. In cases where the Certificate of Registration of Sea Vessels is lost or damaged, the vessel registration authority in the region shall reissue it for the owner of the vessel based on the previous registration form of the sea vessel.

2. The dossier for reissuing the Certificate of Registration of Sea Vessels includes:

a) Application for Reissuance of the Certificate of Registration of Sea Vessels according to Model No. 4 prescribed in Appendix I attached to this Decree;

b) Certificate of Registration of Sea Vessel in cases of damage.

3. Organizations and individuals shall submit one set of the dossier directly or send it through the postal system to the vessel registration authority in the region where the sea vessel was registered and received the Certificate of Registration of Sea Vessel.

4. The regional ship registration authority receives the dossier, checks its validity:

a) In case of direct submission, if the dossier is incomplete, they guide the organization or individual to complete it; if the dossier is valid, they record it in the tracking book, issue a receipt, and schedule the result delivery within the prescribed timeframe;

b) In cases where the application is submitted through postal service, if the application is not valid, the ship registration authority shall guide the completion of the application in accordance with the provisions of this Decree within no more than three working days from the date of receipt of the application;

c) Within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it via the postal system; in cases where the certificate is not issued, a written response stating the reasons must be provided.

5. The owner of the vessel shall pay the fee for reissuing the Certificate of Registration of Sea Vessels as prescribed by the Ministry of Finance, either in person or transferred into the account of the vessel registration authority in the region before receiving the result; bear all costs for sending the dossier, documents, and related transfer fees.

Section 3

SEA VESSELS OWNED BY VIETNAMESE ORGANIZATIONS AND INDIVIDUALS REGISTERING UNDER FOREIGN NATIONALITY FLAGS

Article 25. Conditions for ships owned by Vietnamese organizations and individuals to register under foreign national flags

1. Ships purchased or newly built by state-owned enterprises or enterprises with state capital contributions must register under the Vietnamese national flag, except in cases provided for in Clause 3 of this Article and other special cases decided by the Minister of Transport.

2. Ships purchased or newly built by enterprises without state capital or by organizations and individuals may register under foreign national flags in cases where the ships do not meet the conditions to be registered in the Vietnamese National Ship Register as stipulated in Article 16 of the Vietnamese Maritime Code 2005 and the provisions of this Decree.

3. In cases where ships flying the Vietnamese national flag are leased or purchased by foreign organizations or individuals, they may register under foreign national flags if requested by the ship owner.

Article 26. Procedures for registering ships under foreign national flags

1. The procedures for registering ships under foreign national flags shall be carried out in accordance with the laws of the country whose flag the ship flies.

2. Ships flying the Vietnamese national flag that are leased or purchased by foreign organizations or individuals before registering under a foreign national flag must complete the deregistration from the Vietnamese National Ship Register in accordance with Article 23 of this Decree.

Chapter III

PURCHASE, SALE AND NEW BUILDING OF SHIPS

Article 27. Principles for purchasing, selling, and new building of ships

1. Purchasing, selling, and new building of ships are specific investment activities. The procedures and approval processes for purchasing, selling, and new building of ships shall be implemented in accordance with this Decree and relevant laws.

2. Ships purchased, sold, or newly built must comply with safety, security, and environmental protection requirements as stipulated by Vietnamese law and related international treaties to which Vietnam is a party.

Article 28. Forms of purchasing, selling, and new building of ships

1. Forms of purchasing and selling ships by state-owned enterprises or enterprises with state capital contributions.

a) The purchase and sale of ships between enterprises and foreign organizations or individuals shall be conducted through competitive bidding in accordance with international practice, involving at least three (3) sellers who are owners or brokers.

b) The purchase and sale of ships between enterprises and Vietnamese organizations or individuals shall be conducted through auction in accordance with the law or competitive bidding in accordance with international practice.

2. For new shipbuilding projects by state-owned enterprises or enterprises with state capital contributions, competitive bidding shall be conducted involving at least three shipyards or their representatives.

3. Forms of purchasing, selling, and new building of ships by enterprises without state capital or by organizations and individuals shall be determined by the enterprises, organizations, or individuals themselves.

Article 29. Procedures for purchasing ships

1. Approval of the policy for purchasing ships.

2. Selection of ships, determination of purchase prices, and related transaction costs.

3. Preparation and approval of the ship purchase project. The ship purchase project includes contents on the necessity of investment, type of ship, quantity, basic technical specifications of the ship, estimated ship price, funding sources for purchasing the ship, form of ship purchase, exploitation plan, economic efficiency, and other necessary contents.

4. Decision to purchase ships.

5. Completion of ship purchase procedures.

Article 30. Procedures for Implementing the Sale of Ships

1. Approve the policy to sell ships.

2. Determine the initial selling price and estimate related transaction costs for the sale of ships.

3. Prepare and approve the ship sale project. The ship sale project includes contents on the necessity of the sale, quantity, basic technical specifications of the ship, expected selling price, form of sale, and other necessary contents.

4. Decide to sell ships.

5. Complete the procedures for selling ships.

Article 31. Procedures for Implementing the Project to Build New Ships

1. Approve the policy to build new ships.

2. Select, determine the price and source of capital for building new ships and related transaction costs for the construction of new ships.

3. Prepare and approve the project to build new ships. The project to build new ships includes contents on the necessity of investment, type of ship, quantity, basic technical specifications of the ship, expected price, source of capital for building new ships, form of construction, exploitation plan, economic efficiency, and other necessary contents.

4. Decide to build ships.

5. Complete the procedures for building new ships.

Article 32. Authority to Approve Policies; Decisions on Purchasing, Selling, and Building New Ships

1. For purchasing, selling, and building new ships by state-owned enterprises or enterprises with state capital contribution.

The authority to approve policies; decisions on purchasing, selling, and building new ships shall be implemented according to the provisions of Government Decree No. 99/2012/NĐ-CP dated November 15, 2012 on the delegation and decentralization of rights, responsibilities, and obligations of state owners towards state-owned enterprises and state capital invested in enterprises, Government Decree No. 71/2013/NĐ-CP dated July 11, 2013 on state capital investment in enterprises and financial management of enterprises wholly owned by the state, and other relevant laws.

2. For purchasing, selling, and building new ships by enterprises without state capital or organizations and individuals by enterprises, organizations, and individuals themselves.

Article 33. Documents for Decisions on Purchasing, Selling, and Building New Ships

1. Documents for the decision to purchase ships:

a) A proposal on purchasing ships, clearly stating the results of competitive bidding or auction;

b) The approved ship purchase project along with the Decision approving the project;

c) A copy of the ship registration certificate;

d) A technical inspection report of the ship by Vietnam Registry or foreign registry, recognized international ship surveyors designated by the buyer and seller, acknowledged by Vietnam Registry;

đ) Copies of certificates regarding maritime safety and environmental protection issued by authorized registration organizations for operating ships;

e) Written approval for loan proposals from credit institutions (if applicable).

2. Documents for the decision to sell ships, including ships under construction:

a) A proposal to sell ships, clearly stating the results of competitive bidding or auction;

b) A copy of the ship registration certificate;

c) An assessment document of the ship sale application by organizations and individuals lending capital to enterprises, providing guarantees for enterprises related to the ships intended for sale, or by organizations and individuals holding mortgages on the ships intended for sale;

d) Copies of certificates regarding maritime safety and environmental protection issued by authorized registration organizations.

3. Documents for the decision to build new ships:

a) A proposal on building new ships, clearly stating the results of competitive bidding;

b) The approved project to build new ships along with the Decision approving the project;

c) Basic design documents of the new ship approved by the registration authority;

d) Main contents of the draft contract or equivalent agreement;

đ) Guarantee agreement for loans, if required by the shipbuilder or lender.

Article 34. Responsibilities and Authorities of Buyers and Sellers of New Ships

1. Organizations and individuals buying, selling, or building new ships shall be responsible for:

a) The authenticity and legality of documents accompanying the decision to purchase, sell, or build new ships;

b) The authenticity and technical quality of ships; the purchase price, sale price, construction cost of ships, and financial conditions of the project to purchase, sell, or build new ships;

c) The contents of the terms of the draft contract for purchasing, selling, or building new ships, and may only sign the formal contract for purchasing, selling, or building new ships after obtaining the decision on purchasing, selling, or building new ships from the competent authority;

d) The investment efficiency of the project; the rationality of the methods of purchasing, building new ships, and financing methods chosen based on balancing financial capacity, technology, and ship business operation plans.

2. Authorities of organizations and individuals purchasing, selling, or building new ships:

a) Directly transact, conclude contracts for purchasing, selling, or building new ships, and handle delivery and import/export procedures for ships based on the decision to purchase, sell, or build new ships from the competent authority;

b) In cases where it is deemed necessary, organizations and individuals purchasing, selling, or building new ships may hire consultants to develop projects and/or entrust others to handle delivery and import/export procedures for ships.

Article 35. Procedures for Exporting and Importing Ships

Based on the decision to purchase, sell, or build new ships; the contract for purchasing, selling, or building new ships; the delivery receipt of ships; and the technical condition confirmation document of the Vietnam Ship Survey Bureau after the initial inspection of imported ships, customs authorities shall handle the procedures for exporting and importing ships. The actual inspection of exported and imported ships shall be conducted in Vietnam or at other locations determined by the General Director of the General Customs Department.

Chapter IV

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree takes effect from January 1, 2014, and abolishes Decree No. 29/2009/NĐ-CP dated March 26, 2009, of the Government on ship registration and purchase, sale; and Decree No. 77/2011/NĐ-CP dated September 1, 2011, of the Government amending and supplementing certain articles of Decree No. 29/2009/NĐ-CP dated March 26, 2009, of the Government on ship registration and purchase, sale.

2. Attached to this Decree are three Appendices:

a) Appendix I: Sample Declaration Form and Application Form;

b) Appendix II: Sample Certificate;

c) Appendix III: Sample National Ship Register Book.

Article 37. Transitional Provisions

1. Ship registration certificates and mortgage registration certificates issued before the effective date of this Decree remain valid until their expiration date as stated in the certificates or until changes in registration or cancellation of ship mortgage registration.

2. Projects to purchase, sell, or build new ships approved before the effective date of this Decree shall not be subject to the provisions of this Decree.

Article 38. Organization of implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies, organizations, and individuals are responsible for implementing this Decree./.