Decree No. 171/2016/ND-CP On registration, deregistration, and purchase, sale, and construction of ships

DECREE

Vto registerintentionand deregister ships Board signs and purchase, sale, construction of new ships

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

Pursuant to the Vietnam Maritime Code dated October 25 11 2015;

At the proposal of the Minister of Transport;

Article 1. Subjects"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."the Government issued the Decree on ship registrationintentionand deregister ships Board signs and purchase, sale, construction of new ships.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates ship registration, deregistration for ships flying the flag of Vietnam; purchase, sale, construction, export, import of ships and registration under foreign flags for ships owned by Vietnamese organizations and individuals.

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

a) Ships owned by foreign organizations and individuals that are newly built in Vietnam;

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

c) Public service vessels, submarines, diving vessels, floating storage units, and mobile platforms.

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

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals related to ship registration, deregistration, and 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 Register of Vietnam and issuing a ship registration certificate in accordance with this Decree and other relevant laws. Ship registration includes the following forms:

a) Permanent ship registration;

b) Temporary ship registration;

c) Change registration;

d) Temporary ship registration;

đ) Construction ship registration;

e) Small ship registration.

2. Permanent ship registration is the registration of a ship when it meets all conditions specified in Article 20 of the Vietnam Maritime Code 2015 and the provisions of this Decree.

3. Temporary ship registration is the registration of a ship within a certain period when it meets all conditions specified in Article 20 of the Vietnam Maritime Code 2015 and the provisions of this Decree.

4. Change registration is the registration of a ship when it has been registered in the National Ship Register of Vietnam but there have been changes in the ship's name, owner's name, owner's address, technical specifications, purpose of the ship, registration authority, or ship inspection organization.

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

a) Not yet paying fees as prescribed;

b) There is no certificate of deregistration but there is a commitment in the ship purchase and sale contract that the seller will hand over the certificate of deregistration to the buyer; in this case, the temporary ship registration certificate of Vietnam only takes effect from the date both parties sign the delivery note;

c) Testing a newly constructed ship or receiving a newly constructed ship based on a shipbuilding contract to be registered.

6. Construction ship registration is the registration of a ship that has been laid down but has not yet completed construction.

7. Small ship registration 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 volume under 50 cubic meters or a total deadweight under 100 tons or a designed waterline length under 20 meters.

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

9. A valid dossier is a dossier that contains all required documents as stipulated in this Decree.

Chapter II

REGISTRATION OF SHIPS, PUBLIC SERVICE VESSELS, SUBMARINES,

DIVE VESSELS, FLOATING STORAGE UNITS AND MOBILE PLATFORMS

Section 1

VIETNAMESE SHIP REGISTRATION AUTHORITY

Article 4. The Vietnamese Ship Registration Authority

Article 5. Tasks of the Vietnamese Ship Registration Authority

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

2. Storing and managing files; compiling, statistics, maintaining, updating related databases on ship registration activities, providing relevant information to organizations and individuals concerned.

3. Uniformly managing the printing, issuance of ship registration books, files, documents used in ship registration work; implementing the application of information technology in ship registration activities as prescribed.

5. Organizing the implementation of ship registration in accordance with the provisions of the Vietnam Maritime Code 2015, this Decree, and other relevant legal regulations; implementing the application of information technology in ship registration activities in an online procedure format.

6. Implementing ship mortgage registration in accordance with the provisions of the Law on Secured Transactions and Registration of Secured Transactions.

7. Collecting, paying, managing, and using ship registration fees and charges in accordance with the provisions of the Law.

Article 6. The National Register of Ships of Vietnam

2. The Vietnamese Ship Registration Authority organizes the printing, usage guidance, and preservation of the National Register of Ships of Vietnam.

Section 2

SHIP REGISTRATION

1. The age limit for foreign used ships, submarines, diving vessels, floating storage units, mobile platforms flying foreign flags first registered in Vietnam shall be carried out as follows:

a) Passenger ships, submarines, diving vessels: Not exceeding 10 years;

b) Other types of ships, floating storage units, mobile platforms: Not exceeding 15 years;

3. The age limit for foreign ships prescribed in Clause 1 of this Article does not apply in cases where Vietnamese-flagged ships owned by Vietnamese organizations or individuals have deregistered their Vietnamese nationality to register under the flag of another country through bareboat chartering.

4. Foreign ships purchased by Vietnamese organizations or individuals through loan purchase or lease purchase may register under the Vietnamese flag after the period of registration under a foreign flag if, at the time of signing the loan purchase or lease purchase contract, the ship's age complies with the provisions of Clause 1 of this Article.

1. The ship name is set by the ship owner and must comply with the provisions of Article 21 of the Vietnam Maritime Code 2015.

a) Application form for ship naming according to Form No. 05 prescribed in the Appendix attached to this Decree;

a) The application form for approval of ship naming according to Model No. 05 stipulated in the Appendix issued together with this Decree;

3. Organizations and individuals submit directly one set of documents or send through the postal system to the ship registration authority or by other appropriate means.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receipt of valid documents, the ship registration authority shall respond in writing to the ship owner about the approval of the ship name chosen by the ship owner; in case of non-approval, a written response stating the reasons shall be provided.

1. Certificate of Registration of Vietnamese Ships.

a) The Certificate of Registration of Vietnamese Ships issued to ships registered without a time limit must meet all Conditions and be registered in the National Ship Register of Vietnam according to the procedures stipulated in this Decree;

b) The Certificate of Registration of Vietnamese Ships shall be issued one original copy according to Form No. 06 prescribed in the Appendix promulgated together with this Decree;

c) The Certificate of Registration of Vietnamese Ships becomes effective from the date of issuance and loses its validity from the date of loss or the date when the ship is deregistered.

2. Documents for registering ships without time limit include:

a) The Application for Registration of Ships according to Form No. 01 prescribed in the Appendix promulgated together with this Decree;

d) The Certificate of Gross Tonnage of Ships (a certified true copy or a copy accompanied by the original for verification);

đ) The Classification Certificate of Ships (a certified true copy or a copy accompanied by the original for verification);

e) Proof of payment of stamp duty as prescribed, including the Stamp Duty Declaration form confirmed by the tax authority and the receipt of payment into the state budget (a copy accompanied by the original for verification); in cases where the ship is exempt from stamp duty, submit the Stamp Duty Declaration form confirmed by the tax authority (a copy accompanied by the original for verification);

3. Organizations and individuals shall directly submit one set of documents or send through the postal system to the ship registration authority or by other appropriate means.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving complete and valid documents, the ship registration authority shall issue the Certificate of Registration of Vietnamese Ships and deliver it directly or send it through the postal system; if 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 for sending documents, letters, and related transfer fees.

1. The Certificate of Registration of Ships with a Term.

b) The Certificate of Registration of Ships with a Term shall be issued one original copy according to Form No. 07 prescribed in the Appendix promulgated together with this Decree.

2. Documents for registering ships with time limit in cases where the ship owner is a Vietnamese organization or individual leasing or purchasing ships or bareboat chartering, include:

a) The Application for Registration of Ships according to Form No. 01 prescribed in the Appendix promulgated together with this Decree;

b) The Certificate of Gross Tonnage of Ships (a certified true copy or a copy accompanied by the original for verification);

c) The Classification Certificate of Ships (a certified true copy or a copy accompanied by the original for verification);

đ) The Temporary Suspension of Registration Certificate (if the ship is registered abroad) or the Certificate of Cancellation of Registration of Ships (original);

h) Proof of payment of stamp duty as prescribed, including the Stamp Duty Declaration form confirmed by the tax authority and the receipt of payment into the state budget (a copy accompanied by the original for verification); in cases where the ship is exempt from stamp duty, submit the Stamp Duty Declaration form confirmed by the tax authority (a copy accompanied by the original for verification);

3. Documents for registering ships with a term 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 of Clause 2 of this Article; the license for establishing a branch or representative office in Vietnam (a certified true copy or a copy accompanied by the original for verification) or passport (a copy accompanied by the original for verification).

4. Organizations and individuals shall directly submit one set of documents or send through the postal system to the ship registration authority or by other appropriate means.

5. The ship registration authority shall accept the dossier and proceed according to the following procedure:

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving complete and valid documents, the ship registration authority shall issue the registration certificate and deliver it directly or send it through the postal system; if 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 for sending documents, letters, and related transfer fees.

1. Certificate of Temporary Ship Registration of Vietnam:

a) The Temporary Ship Registration Certificate of Vietnam shall be issued one original copy to the ship owner who registers a temporary ship carrying the flag of Vietnam according to Model No. 08 prescribed in the Appendix attached to this Decree;

b) The Certificate of Temporary Ship Registration of Vietnam is valid for use for 180 days from the date of issuance;

c) In case the Temporary Ship Registration Certificate of Vietnam expires while the ship cannot return to Vietnam to complete the formal registration procedures as stipulated in this Decree, the ship registration authority that issued the Temporary Ship Registration Certificate of Vietnam may extend the registration once but the extension period shall not exceed 180 days from the date of expiry of the first issued Temporary Ship Registration Certificate of Vietnam;

d) In case the Temporary Ship Registration Certificate of Vietnam is extended as provided in point c of this Clause and the ship still cannot return to Vietnam to complete the formal registration procedures due to force majeure, the Director of the Vietnam Maritime Administration shall decide to extend the temporary ship registration period but the extension period shall not exceed 180 days;

2. Dossier for Temporary Ship Registration, including:

c) In case of trial operation of newly built ships, the registration dossier includes: the Ship Registration Declaration Form according to Model No. 01 prescribed in the Appendix attached to this Decree; the documents specified in points c, g, and h of Clause 2 of Article 9 of this Decree and the tonnage data sheet of the ship;

d) In case of receiving a newly built ship based on a shipbuilding contract to bring it back to the place of registration, the registration dossier includes: the Ship Registration Declaration Form according to Model No. 01 prescribed in the Appendix attached to this Decree; the documents specified in points c, d, đ, g, and h of Clause 2 of Article 9 of this Decree;

3. Organizations and individuals shall directly submit one set of documents or send through the postal system to the ship registration authority or by other appropriate means.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving complete and valid documents, the ship registration authority shall issue the registration certificate and deliver it directly or send it through the postal system; if 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 for sending documents, letters, and related transfer fees.

Article 12. Procedure for Issuing Temporary Permit for Ships Carrying the Flag of Vietnam

1. Temporary Permit for Ships Carrying the Flag of Vietnam:

a) The Temporary Permit for Ships Carrying the Flag of Vietnam applies to cases where organizations or individuals of Vietnam purchase ships from foreign organizations or individuals, which shall be issued one original copy by the Vietnamese Representative Office abroad (hereinafter referred to as the Vietnamese Representative Office) according to Model No. 11 prescribed in the Appendix attached to this Decree;

b) The Temporary Permit for Ships Carrying the Flag of Vietnam is only valid for one specific voyage of the ship and is only effective from the date of issuance until the ship arrives at the first Vietnamese port;

2. Documents for issuing Temporary Permit for Ships Carrying the Flag of Vietnam include:

a) The Application for Registration of Ships according to Form No. 01 prescribed in the Appendix promulgated together with this Decree;

b) The Deregistration Certificate for used ships (certified copy with original for verification);

c) The handover acceptance report for receiving newly built ships abroad to bring them back to Vietnam (certified copy with original for verification);

d) The ship purchase and sale contract or new shipbuilding contract or other equivalent legal evidence proving ownership of the ship (certified copy with original for verification);

đ) The current Tonnage Certificate of the ship (certified copy);

e) The current Classification Certificate of the ship (certified copy);

g) The Business Registration Certificate or Enterprise Registration Certificate (a certified true copy or a copy accompanied by the original for verification); in cases where the ship owner is a foreign organization, submit the license for establishing a branch or representative office in Vietnam (a certified true copy or a copy accompanied by the original for verification);

h) In case the ship owner is an individual, they must submit an additional identity card or citizen identification card or passport (certified copy or certified copy with original for verification); in case the ship owner is a foreign individual, they must submit a passport (certified copy with original for verification);

3. Organizations or individuals submit one set of documents directly or send through the postal system to one of the Vietnamese Representative Offices where the ship was purchased or where the ship was handed over;

4. The Vietnamese Representative Office receives the documents and follows the procedure as follows:

b) In case the documents are received via postal service, if the documents are not in compliance, the Vietnamese Representative Office shall guide the completion of the documents according to the provisions of this Decree within the latest two working days from the date of receipt of the documents;

c) Within the latest two working days from the date of receipt of all compliant documents, the Vietnamese Representative Office issues the Temporary Permit for Ships Carrying the Flag of Vietnam and returns it directly or sends it through the postal system; in case the permit is not issued, a written response stating the reasons must be given;

1. Certificate of Registration for Ships Under Construction:

a) The ship registration certificate for ships under construction shall be issued in one original copy according to Model No. 09 prescribed in the Appendix accompanying 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. Dossier for Registering Ships Under Construction, including:

a) The Application for Registration of Ships according to Form No. 01 prescribed in the Appendix promulgated together with this Decree;

c) A confirmation letter from the shipbuilding facility certifying that the ship has been set up with its main keel, accompanied by the verification of the classification society (original); in cases where the ship does not have a main keel, a confirmation letter from the shipbuilding facility shall be used, simultaneously verified by the classification society regarding the installation of the ship's hull reaching 50 tons in weight or 1% of the total estimated weight of materials used for the ship's hull (original);

3. Organizations and individuals shall directly submit one set of documents or send through the postal system to the ship registration authority or by other appropriate means.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving complete and valid documents, the ship registration authority shall issue the registration certificate and deliver it directly or send it through the postal system; if 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 for sending documents, letters, and related transfer fees.

1. The ship registration certificate for small ships shall be issued in one original copy according to Model No. 06 prescribed in the Appendix accompanying this Decree.

2. The application file for registering small ships includes:

a) The Application for Registration of Ships according to Form No. 01 prescribed in the Appendix promulgated together with this Decree;

d) Proof of payment of stamp duty as required, including the Stamp Duty Declaration Form confirmed by the tax authority and proof of payment into the state budget (certified true copy or copy with the original for comparison); in cases where the ship is exempt from stamp duty, the Stamp Duty Declaration Form confirmed by the tax authority (certified true copy or copy with the original for comparison) must be submitted;

g) Safety and environmental protection certificate for ships (certified true copy or copy with the original for comparison).

3. Organizations and individuals shall directly submit one set of documents or send through the postal system to the ship registration authority or by other appropriate means.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving complete and valid documents, the ship registration authority shall issue the registration certificate and deliver it directly or send it through the postal system; if 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 for sending documents, letters, and related transfer fees.

1. In cases where there is a change in the information recorded in the ship registration certificate as stipulated in Clause 4, Article 3 of this Decree, the ship owner must complete the change registration procedure and obtain a new ship registration certificate corresponding to the previous registration form within the latest 30 days.

2. The application file for registering changes in content includes:

a) An application form for registering changes according to Model No. 02 prescribed in the Appendix issued together with this Decree;

b) Documentation components corresponding to the content of the change request;

d) If the ship is mortgaged, written consent from the mortgagee must be obtained.

3. Organizations and individuals must submit one set of documentation to the ship registration authority where the ship was previously registered or to the new ship registration authority in cases of changing the registration authority through one of the following methods: direct submission, postal service, or other suitable methods.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving complete and valid documents, the ship registration authority shall issue the registration certificate and deliver it directly or send it through the postal system; if 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 for sending documents, letters, and related transfer fees.

1. In cases where ship registration certificates are lost, torn, damaged, or deteriorated, the ship registration authority shall reissue such certificates to the ship owner based on the previous registration form of the ship.

2. The documents required for reissuing ship registration certificates include:

a) Form 04 for applying for reissuance of ship registration certificates as prescribed in the Appendix accompanying this Decree;

3. Organizations or individuals may submit one set of documents directly or send them through postal services to the ship registration authority where the ship was registered and received its ship registration certificate, or by other appropriate means.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving complete and valid documents, the ship registration authority shall issue the ship registration certificate and deliver it directly or send it through postal services; simultaneously, notify the mortgagee in case the ship is mortgaged; if the certificate is not issued, provide a written response stating the reasons.

5. The ship owner must pay the fee for reissuing the ship registration certificate according to the regulations of the Ministry of Finance, either in person or transferred to the account of the ship registration authority before receiving the result; bear all costs for sending documents, notifications, and related transfer fees; and simultaneously notify the mortgagee in case the ship is mortgaged.

Section 3

REGISTRATION OF GOVERNMENT SHIPS, SUBMARINES, DIVE SHIPS, FLOATING STORAGE UNITS, AND MOBILE PLATFORMS

SUBMARINES AND MOBILE PLATFORMS

Article 17. Provisions on the Registration of Government Ships, Submarines, Dive Ships, Floating Storage Units, and Mobile Platforms

1. The registration of government ships, submarines, dive ships, floating storage units, and mobile platforms involves recording and storing information about these vessels in the National Ship Register of Vietnam and issuing a Certificate of Registration.

2. The Certificate of Registration for government ships, submarines, dive ships, floating storage units, and mobile platforms shall be issued in one original copy according to Forms 06 as prescribed in the Appendix accompanying this Decree.

Article 18. Procedures for Registering Government Ships, Submarines, Dive Ships, Floating Storage Units, and Mobile Platforms

1. The procedures for registering government ships, submarines, dive ships, floating storage units, and mobile platforms shall be carried out in accordance with the procedures for registering ships as stipulated from Article 8 to Article 16 of this Decree.

Chapter III

DELETION OF SHIP REGISTRATION, GOVERNMENT SHIPS, SUBMARINES, DIVE SHIPS, FLOATING STORAGE UNITS, AND MOBILE PLATFORMSSUBMARINES,

DIVE VESSELS, FLOATING STORAGE UNITS, MOBILE PLATFORMS

Article 19. General Provisions on Deletion of Registration

1. Vietnamese ships may be deleted from the registration in Vietnam under the circumstances prescribed in Article 25 of the Maritime Code of Vietnam 2015.

2. The ship owner must carry out the procedures for deleting ship registration within the time limit prescribed for the following situations:

a) Within sixty days from when the ship loses its capability as a ship, is destroyed, dismantled, or sunk without salvage;

b) Within twenty-four months from when the ship is missing;

c) Within thirty days from when the ship owner no longer has a headquarters, branch, or representative office in Vietnam.

3. The provisions of this Chapter regarding deletion of ship registration also apply to the deletion of registration of government ships, submarines, dive ships, floating storage units, and mobile platforms.

1. The certificate of deregistration shall be issued one original copy to the shipowner according to Model No. 10 prescribed in the Appendix accompanying this Decree.

2. The dossier for deregistration includes:

a) The application form for deregistration according to Model No. 03 prescribed in the Appendix accompanying this Decree;

c) In case the ship is mortgaged, the consent in writing of the mortgagee must be obtained and the procedure for deregistering the mortgage must be completed before proceeding with the deregistration of the ship.

3. Organizations and individuals may submit one set of the dossier directly or send it through the postal system to the ship registration authority where the ship was previously registered, or by other appropriate means.

a) In case of direct submission, if the documents are incomplete, they will be immediately guided to complete the documents; if the documents are complete, they will be entered into the tracking log, a receipt will be issued, and a result will be returned within the prescribed time;

b) In case of receiving documents through the postal system, if the documents are not valid, within the latest two working days from the date of receipt, the ship registration authority shall guide the completion of the documents in accordance with this Decree;

c) Within the latest two working days from the date of receiving a complete and valid dossier, the ship registration authority shall issue the certificate of deregistration and return it directly or send it through the postal system; in case the certificate is not issued, a written response stating the reasons must be provided.

5. The shipowner shall pay the deregistration fee as prescribed by the Ministry of Finance, either directly or transferred to the account of the ship registration authority before receiving the result; they shall bear all costs for sending the dossier, documents, and related transfer fees.

Chapter IV

PURCHASE, SALE AND NEW BUILDING OF SHIPS

2. Ships purchased, sold, or newly built must fully meet the conditions regarding maritime safety, maritime security, ensuring seafarer labor, and environmental protection as stipulated by Vietnamese law and international treaties to which Vietnam is a party.

2. The form of selling state-owned ships shall be conducted in accordance with the Law on Auctions. In cases where all provisions of the Law on Auctions have been fully applied but no buyer has been selected, the sale shall be conducted through competitive bidding in accordance with international practice with at least three bidders being direct buyers or brokers.

3. For projects of new building state-owned ships, the form shall be conducted in accordance with the Law on Tendering. In cases where all provisions of the Law on Tendering have been fully applied but no shipyard or factory has been selected, the project shall be conducted through competitive tendering with at least three shipyards or factories or their representatives.

4. The forms of purchasing, selling, and new building of ships using other capital shall be decided by enterprises, organizations, or individuals.

a) Selecting the vessel, estimating the purchase price and related transaction costs;

b) Preparing, reviewing, and approving the project to purchase seagoing vessels. The project to purchase seagoing vessels includes contents on the necessity of investment, type of vessel, quantity, basic technical parameters of the vessel, estimated vessel price, source of purchase capital, form of purchase, exploitation plan, economic efficiency, and other necessary contents;

c) Deciding to purchase seagoing vessels;

d) Completing the procedures for purchasing seagoing vessels.

2. The procedure for purchasing seagoing vessels using other capital shall be decided by enterprises, organizations, or individuals.

a) Determining the initial selling price and estimating related transaction costs for selling seagoing vessels;

b) Preparing, reviewing, and approving the project to sell seagoing vessels. The project to sell seagoing vessels includes contents on the necessity of selling the vessel, quantity, basic technical parameters of the vessel, estimated selling price, form of sale, and other necessary contents;

c) Deciding to sell seagoing vessels;

d) Completing the procedures for selling seagoing vessels.

2. The procedure for selling seagoing vessels using other capital shall be decided by enterprises, organizations, or individuals.

a) Selecting, determining the price and source of capital for new shipbuilding; estimating related transaction costs for new shipbuilding;

b) Preparing, reviewing, and approving the new shipbuilding project. The new shipbuilding project includes contents on the necessity of investment, type of seagoing vessel, quantity, basic technical parameters of the seagoing vessel, estimated price, source of new shipbuilding capital, form of new shipbuilding, exploitation plan, economic efficiency, and other necessary contents;

c) Deciding to build ships;

d) Completing the procedures for new shipbuilding.

2. New shipbuilding projects using other capital shall be decided on their implementation procedures by enterprises, organizations, or individuals.

2. For new shipbuilding, purchasing, and selling projects using other capital, the authority to approve policies and decisions shall be determined by enterprises, organizations, or individuals.

1. Documents for the decision to purchase seagoing vessels include:

a) A proposal on purchasing seagoing vessels, clearly stating the results of selecting the seagoing vessel;

b) The approved project to purchase seagoing vessels along with the Decision approving the project;

c) A copy of the registration certificate for seagoing vessels;

d) A technical inspection report on seagoing vessels by Vietnam Registry or foreign registry that is a member of the International Association of Classification Societies (IACS);

đ) Copies of certificates regarding safety, maritime security, labor at sea, and environmental protection of the vessel issued by competent authorities for the vessel currently in operation;

e) Written approval for loan purposes from financial institutions (if applicable).

2. Documents for the decision to sell seagoing vessels, including those under construction, include:

a) A proposal requesting to sell seagoing vessels, clearly stating the results of the selling price;

b) A copy of the registration certificate for seagoing vessels;

c) Written approval for the sale of vessels from organizations or individuals lending capital to enterprises or providing guarantees for enterprises related to the seagoing vessels intended for sale, or from organizations or individuals holding mortgages on the seagoing vessels intended for sale;

d) Copies of certificates regarding safety, maritime security, and environmental protection of the vessel issued by competent authorities;

đ) The approved project to sell seagoing vessels along with the Decision approving the project.

3. Documents for the decision to build new seagoing vessels include:

a) A proposal on building new seagoing vessels, clearly stating the results of selecting the facility or shipyard to implement the shipbuilding project;

b) The approved new shipbuilding project along with the Decision approving the project;

c) Basic design documents of the new seagoing vessel approved by the registry;

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

đ) Guarantee agreement for loans, if requested by the party building new seagoing vessels or the lender.

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

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

b) The authenticity and technical quality of ships; the purchase, sale, and construction prices of ships and the financial conditions of the ship purchase, sale, and construction projects;

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

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

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

a) Directly transact, conclude contracts for purchasing, selling, or constructing ships and handle delivery and customs procedures for ships based on decisions on purchasing, selling, or constructing ships from the competent authority;

b) In cases where they consider it necessary, organizations and individuals buying, selling, or building ships may hire consultants to develop projects or entrust others to handle delivery and customs procedures for ships.

Article 29. Procedures for Exporting and Importing Ships

3. Actual inspections of exporting ships shall be conducted at Vietnamese ports where the ships handle departure procedures to foreign countries. For imported ships, actual inspections shall be carried out at the first port when the ship arrives in Vietnam to handle entry procedures.

Chapter V

SHIPS OWNED BY ORGANIZATIONS AND INDIVIDUALS OF VIETNAM REGISTERING FOREIGN NATIONALITY FLAGS

REGISTERED UNDER THE FLAG OF A FOREIGN COUNTRY BY VIETNAM

Article 30. Conditions for Ships Owned by Vietnamese Organizations and Individuals Registering Foreign Nationality Flags

1. Ships purchased or newly built by state-owned enterprises or enterprises with state capital contributions must register under the Vietnamese flag according to this Decree, except as provided in Clause 3 of this Article.

3. Ships registered under the Vietnamese flag leased or bareboat chartered by foreign organizations and individuals can register under foreign nationality flags if requested by the ship owner.

4. The provisions of this Article also apply to floating storage units and mobile platforms.

Article 31. Procedures for registering foreign-flagged vessels

1. The procedures for registering foreign-flagged vessels shall be carried out in accordance with the laws of the flag State.

2. Vessels flying the flag of Vietnam that are leased or purchased by foreign organizations or individuals before being registered under a foreign flag must have their registration as Vietnamese vessels canceled in accordance with Clause 19 of this Decree.

Chapter VI

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

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

2. Repeal Decree No. 161/2013/NĐ-CP dated November 12, 2013 of the Government on vessel registration and purchase, sale, and construction.

Article 33. Transitional Provisions

1. Ship registration certificates and ship mortgage registration certificates issued prior to the effective date of this Decree remain valid until their expiration dates as stated on the certificates or until there is a change in ship registration, mortgage registration, or cancellation of mortgage registration.

2. Projects for purchasing, selling, and constructing ships approved prior to the effective date of this Decree may continue to be implemented without applying the provisions of this Decree.

Article 34. Implementation Organization

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