Decision No. 41/2005/QĐ-BGTVT On the Procedures and Formalities for Confirming the Submission of Maritime Protest in Vietnam

DECISION OF THE MINISTER OF TRANSPORT

On the procedures for confirming maritime protest submissions in Vietnam

THE MINISTER OF TRANSPORTATION

BASED ON THE VIETNAM MARITIME CODE dated June 14, 2005;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration,

DECISION:

Article 1. Scope of Regulation

This Decision stipulates the procedures for confirming maritime protests submitted by captains of Vietnamese and foreign merchant ships in Vietnam.

Article 2. Applicability

This Decision applies to captains of Vietnamese merchant ships, captains of foreign merchant ships, competent authorities responsible for confirming maritime protests, and other relevant agencies, organizations, and individuals.

Article 3. Legal Value of Maritime Protest

1. A maritime protest confirmed according to the procedures set forth in this Decision shall have evidentiary value when resolving related disputes.

2. A maritime protest confirmed according to the procedures set forth in this Decision does not exempt the captain from legal responsibility for related events.

Article 4. Language in the Preparation and Confirmation of Maritime Protests

Maritime protests shall be prepared and confirmed in Vietnamese or English; if a maritime protest is prepared in English, upon request of the competent authority responsible for confirming the maritime protest, the captain must submit a Vietnamese translation along with it.

Article 5. Authorities Confirming Maritime Protests in Vietnam

The Port Maritime Authority confirms maritime protests submitted by captains of Vietnamese and foreign merchant ships operating at ports and areas under its jurisdiction.

In cases where merchant ships operate in other waters of Vietnam, the captain may submit a maritime protest to one of the following authorities: the Port Maritime Authority, the Notary Public Office, the People's Committee of the nearest commune or district.

Article 6. Time Limit for Submitting Maritime Protests

1. If an accident or incident occurs while the ship is sailing on the high seas, the maritime protest must be submitted to the competent authority specified in Article 5 of this Decision within 24 hours from the time the ship arrives at the first port.

2. If an accident or incident occurs at a Vietnamese port, the maritime protest must be submitted to the competent authority specified in Article 5 of this Decision within 24 hours from the time of the accident or incident.

3. If an accident or incident involves cargo in the hold, the maritime protest must be submitted to the competent authority specified in Article 5 of this Decision before opening the hold.

4. If it is impossible to submit the maritime protest within the time limits specified in Clauses 1, 2, and 3 of this Article, the reasons for the delay must be clearly stated in the maritime protest.

Article 7. Procedures for Submitting Maritime Protests

Except in cases of force majeure, when submitting a maritime protest for confirmation to the competent authority specified in Article 5 of this Decision, the captain must submit and present the following documents:

1. Documents to be submitted:

a) Maritime protest (two copies);

b) Extracts from the ship's logbook relating to the incident (two copies);

c) Relevant nautical charts (two copies).

2. Documents to be presented:

a) Ship's logbook (original);

b) Relevant nautical charts (original).

3. The documents specified in Clause 1 of this Article must bear the signature of the captain and the stamp of the ship; for the maritime protest, in addition to the captain's signature and the ship's stamp, there must also be signatures of the chief engineer, an officer, or a seaman as witnesses.

4. In addition to the number of copies of the maritime protest specified in point a of Clause 1 of this Article, the captain may request additional copies with the same content if deemed necessary.

Article 8. Confirmation of the Presentation of Maritime Protest

1. When the master or the person authorized by the master presents and submits all the documents prescribed in Article 7 of this Decision, the competent authority shall confirm the presentation of the maritime protest on the maritime protest form.

2. The confirmation of the presentation of the maritime protest includes the following contents:

a) Date and time of receiving the presentation of the maritime protest;

b) Confirmation that the presentation of the maritime protest has been received;

c) Name, position, and signature of the person confirming the presentation of the maritime protest;

d) Stamp of the authority confirming the presentation of the maritime protest.

3. The deadline for processing the confirmation of the presentation of the maritime protest shall not exceed one working hour for the Maritime Port Office and three working hours for other competent authorities, from the time when all valid documents prescribed in Clause 1 and Clause 2 of Article 7 of this Decision have been received.

4. The authority confirming the presentation of the maritime protest retains one set of documents prescribed in Clause 1 of Article 7 of this Decision, and returns one set of documents to the master.

Article 9. Supplementary Maritime Protest

1. The master has the right to establish a supplementary maritime protest if deemed necessary.

2. A supplementary maritime protest must also be presented to the competent authority for confirmation. The procedures and formalities for confirming the presentation of a supplementary maritime protest are applied similarly to those for confirming the presentation of a maritime protest.

Article 10. Fees for Confirming the Presentation of Maritime Protest

The competent authority confirming the presentation of the maritime protest shall collect fees for confirming the presentation of the maritime protest in accordance with the regulations of the Ministry of Finance.

Article 11. Effective Date

This Decision takes effect from January 1, 2006 and replaces Decision No. 1438/QĐ-PC dated September 8, 1994 of the Minister of Transport on the authority, procedures, and formalities for confirming the presentation of the maritime protest in Vietnam.

Article 12. Implementation Organization

The Director of the Office, Heads of Departments, Directors of the Vietnam Maritime Administration, and relevant agencies, organizations, and individuals are responsible for implementing this Decision.