Circular No. 46/2011/TT-BGTVT on the issuance and revocation of Insurance Certificate or Financial Guarantee under the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001.

CIRCULAR

Regulations on issuing and revoking Insurance Certificates or Financial Guarantees under International Conventions

concerning civil liability for oil pollution damage International Convention on Civil Liability for Oil Pollution Damage, 2001

Based on the International Convention on Civil Liability for Oil Pollution Damage, 2001 to which Vietnam is a member;

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby promulgates regulations on issuing and revoking Insurance Certificates or Financial Guarantees under the International Convention on Civil Liability for Oil Pollution Damage, 2001 as follows:

These Circulars regulate the issuance and revocation of Insurance Certificates or Financial Guarantees regarding civil liability for oil pollution damage in accordance with the provisions of the International Convention on Civil Liability for Oil Pollution Damage, 2001 (hereinafter referred to as the Bunker Convention 2001).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars apply to Vietnamese organizations and individuals and foreign organizations and individuals related to the issuance and revocation of Insurance Certificates or Financial Guarantees regarding civil liability for oil pollution damage in accordance with the provisions of the Bunker Convention 2001.

Article 2. Applicability

ISSUANCE AND REVOCATION OF INSURANCE CERTIFICATES OR

Chapter II

FINANCIAL GUARANTEES FOR CIVIL LIABILITY

FOR OIL POLLUTION DAMAGE

Article 3. Insurance Certificate or Financial Guarantee for Civil Liability for Oil Pollution Damage

Clause 1. The Insurance Certificate or Financial Guarantee for Civil Liability for Oil Pollution Damage (hereinafter referred to as the Insurance Certificate) issued by the National Ship Registration Authority or Regional Ship Registration Authority (hereinafter referred to as the Ship Registration Authority) pursuant to Article 10 of this Circular confirms that the insurance application or other financial guarantees for ships are valid and meet the requirements set forth in Article 7 of the Bunker Convention 2001.

Clause 3. The Insurance Certificate shall be issued with one original copy for the ship owner and one duplicate copy retained at the Ship Registration Authority.

Article 4. Subjects Entitled to Obtain Insurance Certificates

Point 1. Vietnamese ships with a gross tonnage of over 1000 GT operating international routes;

Point 2. Vietnamese ships with a gross tonnage of over 1000 GT operating domestic routes, and foreign ships with a gross tonnage of over 1000 GT will be entitled to obtain Insurance Certificates if requested by the ship owner.

Article 5. Conditions for Issuing Insurance Certificates

Ships specified in Article 4 of these Circulars must have an insurance application or financial guarantee for civil liability for oil pollution damage in accordance with the provisions of the Bunker Convention 2001.

Article 6. Documents Required for Issuing Insurance Certificates

Clause 1. The documents required for issuing Insurance Certificates include:

a) A shipowner's application form in accordance with the model provided in Appendix I of these Circulars;

b) An original insurance application or financial guarantee certificate consistent with the provisions of the Bunker Convention 2001; in cases where there is reinsurance, the original certificate from the organization accepting the reinsurance must also be submitted.

In cases where the insurance application or financial guarantee, reinsurance certificate regarding civil liability of the shipowner is issued in electronic format, the shipowner must provide the official and legal website address of the organization that issued it for verification purposes;

c) A copy (photocopy) of the Ship Registration Certificate.

Clause 2. One set of documents must be submitted.

The number of files to be submitted is 01 (one) set.

Article 7. Methods of submitting applications

The ship owner directly submits the application or sends it through the postal system to the Ship Registration Authority.

Article 8. Procedures for submission, receipt, and processing of applications

1. Procedures for submission and receipt of applications:

a) The ship owner directly submits or sends the application to the Ship Registration Authority.

b) The Ship Registration Authority receives the application directly from the ship owner or via the postal service.

2. Processing the application dossier:

a) In case of direct submission of the application: The Ship Registration Authority checks the application according to regulations, registers it in the application logbook, and issues a notice of result delivery within the time limit specified in Article 9 of this Circular;

b) In case of sending the application through the postal system: The Ship Registration Authority checks the application according to regulations and registers it on the date indicated by the postmark. The registration date serves as the basis for calculating the issuance date of the Certificate according to the regulations;

c) For applications not in compliance with regulations: If the ship owner directly submits the application, the Ship Registration Authority guides the ship owner to complete the application according to regulations; if the application is sent through the postal system, no later than two working days from the date of receiving the application, the Ship Registration Authority shall notify the ship owner in writing to supplement and complete the application;

d) In case the application does not meet the conditions stipulated, no later than three working days from the date of receiving the application, the Ship Registration Authority must respond in writing and specify the reasons.

Article 9. Time Limit for Issuing the Certificate

1. No later than three working days from the date of receiving all required documents, the Ship Registration Authority shall issue the Certificate according to the model prescribed in Appendix II of this Circular.

2. The ship owner may collect the Certificate directly at the Ship Registration Authority or through the postal system.

The authority responsible for issuing the Certificate is the National Ship Registration Authority and the Regional Ship Registration Authority, specifically defined as follows:

1. The National Ship Registration Authority is the Vietnam Maritime Administration.

2. The Regional Ship Registration Authority includes:

a) Vietnam Maritime Office in Haiphong City;

b) Vietnam Maritime Office in Ho Chi Minh City;

c) Da Nang Port Maritime Office.

Article 11. Revocation of the Certificate

The issued Certificate may be revoked in case of violation of any of the following circumstances:

1. Forgery or alteration, erasure, or distortion of the content of the Certificate;

2. Buying, renting, lending the Certificate;

3. Intentional misreporting of information or using falsified documents in the application for the Certificate.

Article 12. Fees for Issuing the Certificate

The fee for issuing the Certificate is implemented according to the regulations of the Ministry of Finance and paid at the Ship Registration Authority before collecting the Certificate.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of the Vietnam Maritime Administration and Related Organizations and Individuals

1. The Vietnam Maritime Administration is responsible for organizing the implementation of this Circular in coordination with relevant agencies.

2. The ship owner and related organizations and individuals are responsible for implementing this Circular and the 2001 Bunker Convention.

Article 14. Effective Date

This Circular takes effect from September 1, 2011.

Article 15. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Chiefs of Maritime Offices, the Director of the Da Nang Port Maritime Office, Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular./.