Circular No. 22/2025/TT-BXD on the issuance and revocation of Certificates of Insurance or Financial Security for Civil Liability for Bunker Oil Pollution Damage under the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 and the International Convention on Civil Liability for Oil Pollution Damage, 1992.

Article 4. Subjects Entitled to Obtain the CLC 1992 Certificate

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

Article 5. Conditions for Issuing the CLC 1992 Certificate

Ships specified in Article 4 of this Circular must have an Insurance Certificate meeting the requirements set forth in Article VII of the CLC 1992 Convention.

Article 6. Procedures for Issuing the CLC 1992 Certificate

Clause 1. The shipowner shall submit one application file for the CLC 1992 Certificate directly or through postal services or online public service systems to the Ship Registration Authority.

Clause 2. The application file for the CLC 1992 Certificate shall include:

a) An original or electronic form of the Application Form of the shipowner according to Model No. 01 prescribed in the Appendix attached to this Circular;

b) An original or electronic copy certified from the original Insurance Certificate meeting the requirements set forth in Article VII of the CLC 1992 Convention;

In cases where insurance involves reinsurance, the shipowner must also submit the original Certificate of the organization accepting the reinsurance;

In cases where the Certificate of the organization accepting the reinsurance and the Insurance Certificate of the shipowner meeting the requirements set forth in Article VII of the CLC 1992 Convention are issued in electronic data format, the shipowner must provide the official and legal website address of the organization issuing the certificate for verification;

c) A copy or electronic copy of the Ship Registration Certificate for foreign-flagged ships.

Clause 3. The Ship Registration Authority shall accept the application file and conduct a review to ensure compliance with the provisions of the CLC 1992 Convention. If the application file is not compliant, the Ship Registration Authority shall issue a written request for completion within two working days from the date of receipt of the file. If the application file is compliant, the Ship Registration Authority shall issue the CLC 1992 Certificate according to Model No. 02 prescribed in the Appendix attached to this Circular and deliver it directly or through postal services or online public service systems to the shipowner within two working days from the date of receipt of the complete file; if not approved, the Ship Registration Authority shall issue a written response stating the reasons.

c) A copy or an electronic copy of the Certificate of Registration of the Seagoing Vessel for vessels registered under the flag of a foreign country.

3. The vessel registration authority shall accept the application dossier and conduct a review to ensure compliance with the provisions of the 1992 CLC Convention. In case the application dossier is not valid, the vessel registration authority shall issue a document requesting the completion of the dossier in accordance with the regulations within no more than two working days from the date of receipt of the dossier. If the application dossier is valid, the vessel registration authority shall issue the 1992 CLC Certificate according to Model No. 02 stipulated in the Appendix attached hereto and deliver it directly or through the postal service or through the online public service system to the shipowner within no more than two working days from the date of receipt of the complete dossier in accordance with the regulations; in case of non-approval, the vessel registration authority shall issue a document stating the reasons for rejection.

Article 7. Revocation of the CLC 1992 Certificate

1. The CLC 1992 Certificate issued shall be revoked if there is a violation of any of the following cases:

a) Forgery, alteration, erasure, or distortion of the content of the CLC 1992 Certificate;

b) Sale, lease, or lending of the CLC 1992 Certificate;

c) Intentional misreporting of information or use of falsified documents in the application for issuance of the CLC 1992 Certificate.

2. The competent authority for ship registration has the authority to revoke the CLC 1992 Certificate.

Article 8. Fee for Issuing the CLC 1992 Certificate

The fee for issuing the CLC 1992 Certificate shall be implemented according to the regulations of the Ministry of Finance and paid at the Ship Registration Authority or through the online public service system before receiving the CLC 1992 Certificate.

Chapter III

ISSUANCE AND REVOCATION OF INSURANCE OR FINANCIAL GUARANTEE CERTIFICATES FOR CIVIL LIABILITY IN CASES OF OIL POLLUTION DAMAGE UNDER THE PROVISIONS OF THE BUNKER CONVENTION 2001

Article 9. Insurance or Financial Guarantee Certificate for Civil Liability in Cases of Oil Pollution Damage under the Provisions of the Bunker Convention 2001

1. The Insurance or Financial Guarantee Certificate for Civil Liability in Cases of Oil Pollution Damage (hereinafter referred to as the Bunker 2001 Certificate) is issued by the Ship Registration Authority (Vietnam Maritime Administration or Branch Maritime Administration, Port Maritime Office authorized by Vietnam Maritime Administration to perform ship registration tasks) to confirm the validity of the insurance certificate for ships, meeting the requirements set forth in Article 7 of the Bunker Convention 2001.

2. The period of validity of the Bunker 2001 Certificate corresponds to the period recorded in the insurance certificate issued for the ship, meeting the requirements set forth in Article 7 of the Bunker Convention 2001.

3. The Bunker 2001 Certificate is issued with one original copy for the ship owner and one backup copy retained by the Ship Registration Authority.

Article 10. Subjects Entitled to Obtain the Bunker 2001 Certificate

1. Vietnamese ships with a gross tonnage exceeding 1000 GT operating on international routes.

2. Vietnamese ships with a gross tonnage exceeding 1000 GT operating on domestic routes, and foreign ships with a gross tonnage exceeding 1000 GT will be issued the Bunker 2001 Certificate if requested by the ship owner.

Article 11. Conditions for Issuing the Bunker 2001 Certificate

Ships specified in Article 10 of this Circular must have an insurance certificate meeting the requirements set forth in Article 7 of the Bunker Convention 2001.

Article 12. Procedures for Issuing the Bunker 2001 Certificate

1. The ship owner submits one application file for the Bunker 2001 Certificate directly or through the postal service or the online public service system to the Ship Registration Authority.

2. The application file for the Bunker 2001 Certificate includes:

a) An original or electronic form of the Application Form of the ship owner according to Model No. 03 prescribed in the Appendix attached to this Circular;

b) An original or electronic copy derived from the original Insurance Certificate meeting the requirements set forth in Article 7 of the Bunker Convention 2001;

c) A copy or electronic copy of the Ship Registration Certificate for foreign-flagged ships.

In the case where the Certificate of the reinsurer organization is provided in electronic data format, the ship owner must provide the official and legal website address of the organization that issued it for verification purposes.

c) A copy or an electronic copy of the Certificate of Registration of the Seagoing Vessel for vessels registered under the flag of a foreign country.

3. The Ship Registration Authority receives the application file and conducts a review to ensure compliance with the provisions of the Bunker Convention 2001. If the application file is not valid, the Ship Registration Authority shall issue a written request for completion of the file within two working days from the date of receipt. If the application file is valid, the Ship Registration Authority shall issue the Bunker 2001 Certificate according to Model No. 04 prescribed in the Appendix attached to this Circular and deliver it directly or through the postal service or the online public service system to the ship owner within two working days from the date of receipt of the complete application file; in the case of non-approval, the Ship Registration Authority shall issue a written response stating the reasons.

Article 13. Revocation of the Bunker 2001 Certificate

1. The Bunker 2001 Certificate already issued shall be revoked if there is a violation of any of the following cases:

a) Forgery or alteration, erasure, distortion of the content of the Bunker 2001 Certificate;

b) Buying, renting, lending the Bunker 2001 Certificate;

c) Intentionally misreporting information or using falsified documents in the application for issuance of the Bunker 2001 Certificate.

2. The competent vessel registration authority has the authority to revoke the Bunker 2001 Certificate.

Article 14. Fee for Issuing the Bunker 2001 Certificate

The fee for issuing the Bunker 2001 Certificate shall be implemented according to the regulations of the Ministry of Finance and paid at the vessel registration authority or through the online public service system before receiving the Bunker 2001 Certificate.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from September 30, 2025.

2. This Circular abolishes the following Circulars:

a) Circular No. 12/2011/TT-BGTVT dated March 30, 2011 of the Minister of Transport on the issuance and revocation of certificates of insurance or financial guarantees under the 1992 International Convention on Civil Liability for Oil Pollution Damage;

b) Circular No. 29/2019/TT-BGTVT dated August 12, 2019 of the Minister of Transport amending and supplementing some articles of Circular No. 12/2011/TT-BGTVT;

c) Circular No. 46/2011/TT-BGTVT dated June 30, 2011 of the Minister of Transport on the issuance and revocation of certificates of insurance or financial guarantees under the 2001 International Convention on Civil Liability for Oil Pollution Damage;

d) Circular No. 28/2019/TT-BGTVT dated August 12, 2019 of the Minister of Transport amending and supplementing some articles of Circular No. 46/2011/TT-BGTVT.

Article 16. Transitional Provisions

1. For the CLC 1992 Certificate, the Bunker 2001 Certificate issued before this Circular takes effect shall continue to be used within the validity period stated in the issued Certificate.

2. For applications for issuance of the CLC 1992 Certificate, the Bunker 2001 Certificate received by the competent authority before this Circular takes effect shall continue to be processed according to the provisions of the Circulars specified in Points a, b, c, and d of Clause 2, Article 15 of this Circular./.