Decree No. 77/2011/ND-CP amends and supplements some articles of Decree No. 29/2009/ND-CP dated March 26, 2009 of the Government on registration and purchase and sale of ships.

DECREE

Amending and supplementing some articles of Decree No. 29/2009/NĐ-CP

dated March 26, 2009 of the Government on registration and purchase, sale of ships

____________________________

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Transport,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 29/2009/NĐ-CP dated March 26, 2009 of the Government on registration and purchase, sale of ships with the following contents:

1. Supplement Clause 8 of Article 3 as follows:

"8. A valid file is a file that contains all required documents as stipulated in this Decree and other relevant laws."

2. Amend Article 11 as follows:

"Article 11. Procedures for registering Vietnamese ships

1. Certificate of registration of Vietnamese ships.

a) The Certificate of Registration of Vietnamese Ships shall be issued to ships meeting the conditions and having been registered in the National Ship Register according to the procedures prescribed in this Decree.

b) The Certificate of Registration of Vietnamese Ships is valid from the date of issuance until the date of deregistration of the ship.

c) One original copy of the Certificate of Registration shall be issued.

2. Recipients: ship owners who have registered their ships.

3. Documents for registering Vietnamese ships include:

a) The application form for registering ships as prescribed in Appendix I of this Decree.

b) Original certificate of deregistration or temporary suspension of registration for used ships or handover report for newly built ships.

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

d) Certificate of Gross Tonnage of Ships (certified copy or uncertified copy with original for comparison).

đ) Classification Certificate of Ships (certified copy or uncertified copy with original for comparison).

e) Proof of payment of stamp duty as prescribed: submit one set including the original declaration of stamp duty with confirmation from the tax authority and the original receipt of payment into the state budget. In cases where ships are exempted from stamp duty, submit the original declaration of stamp duty with confirmation from the tax authority.

g) Business Registration Certificate, branch establishment permit, or representative office establishment permit in Vietnam (certified copy or uncertified copy with original for comparison).

h) Copy of identity card or original residence certificate confirmed by the local police station (in case the ship owner is a Vietnamese individual).

4. Quantity, method, and place of submission of documents.

Organizations and individuals shall submit one set of documents directly or through postal services to one of the ship registration authorities in the regions at the addresses listed below:

- The ship registration authority in Hai Phong located at Hai Phong Maritime Administration Branch, address: No. 11 Vo Thi Sau Street, Hong Bang District, Hai Phong City.

- The ship registration authority in Ho Chi Minh City located at Ho Chi Minh City Maritime Administration Branch, address: No. 89 Pasteur Street, District 1, Ho Chi Minh City.

- The ship registration authority in Da Nang located at Da Nang Port Inspection Authority, address: No. 12 Bach Dang Street, Hai Chau District, Da Nang City.

5. Procedure for processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. Time limit for issuing the Certificate of Registration of Vietnamese Ships.

Within three working days from the date of receipt of complete valid documents, the ship registration authority in the region shall issue the Certificate of Registration of Ships according to the model prescribed in Appendix II of this Decree.

7. Issuing authority of the Certificate of Registration of Vietnamese Ships: ship registration authority in the region.

8. Fee for registering Vietnamese Ships: implemented according to the regulations of the Ministry of Finance and paid at the ship registration authority in the region before receiving the result.

9. Delivery of results: delivered directly at the ship registration authority in the region or sent through postal services.

3. Supplement Article 11a as follows:

"Article 11a. Procedures for registering Vietnamese ships with a limited term.

1. Certificate of Registration of Vietnamese Ships with a Limited Term.

a) The registration period of the ship shall be recorded in the Certificate of Registration corresponding to the term of the ship purchase lease contract or bareboat charter contract or as requested by the ship owner.

b) One original copy of the Certificate of Registration of Vietnamese Ships with a Limited Term shall be issued.

2. Recipients: ship owners who have registered their ships.

3. Documents for registering Vietnamese ships with a limited term.

In case the ship owner is a Vietnamese organization or individual leasing or purchasing a ship or bareboat chartering, the documents include:

a) The application form for registering ships as prescribed in Appendix I of this Decree.

b) Certificate of Gross Tonnage of Ships (certified copy or uncertified copy with original for comparison).

c) Classification Certificate of Ships (certified copy or uncertified copy with original for comparison).

d) Business Registration Certificate (certified copy or uncertified copy with original for comparison).

đ) Certificate of deregistration or temporary suspension of registration of ships (certified copy or uncertified copy with original for comparison).

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

g) Handover report (certified copy or uncertified copy with original for comparison).

In case the ship owner is a foreign organization or individual, the documents include: the documents prescribed in points a, b, c, and đ of this clause; certified copy (or uncertified copy with original for comparison) of branch establishment permit or representative office establishment permit in Vietnam; original document proving ownership of the ship being registered; proof of payment of stamp duty as prescribed including one original declaration of stamp duty with confirmation from the tax authority and the original receipt of payment into the state budget; in cases where ships are exempted from stamp duty, submit one original declaration of stamp duty with confirmation from the tax authority.

4. Quantity, method, and place of submission of documents.

Organizations and individuals shall submit one set of documents directly or through postal services to one of the ship registration authorities in the regions at the addresses listed below:

- The ship registration authority in Hai Phong located at Hai Phong Maritime Administration Branch, address: No. 11 Vo Thi Sau Street, Hong Bang District, Hai Phong City.

- The ship registration authority in Ho Chi Minh City located at Ho Chi Minh City Maritime Administration Branch, address: No. 89 Pasteur Street, District 1, Ho Chi Minh City.

- The ship registration authority in Da Nang located at Da Nang Port Inspection Authority, address: No. 12 Bach Dang Street, Hai Chau District, Da Nang City.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. The issuance period for the certificate of registration: not later than three working days from the date of receiving complete and valid application files, the regional ship registration authority shall issue the certificate of registration with a term according to the model prescribed in Appendix III of this Decree.

7. Issuing authority for the certificate of registration: the regional ship registration authority.

8. Registration fee: implemented in accordance with the regulations of the Ministry of Finance and paid at the regional ship registration authority before receiving the results.

9. Delivery of results: delivered directly at the regional ship registration authority or sent through the postal service system.”

4. Supplement Article 11b as follows:

“Article 11b. Procedure for re-registering Vietnamese ships

1. Certificate of registration of a ship in the case of re-registration is the certificate of registration issued by the regional ship registration authority to the ship owner based on the form of re-registration of that ship.

2. Object entitled to receive: the ship owner who has registered their ship in the National Ship Register of Vietnam but subsequently had it deregistered and now wishes to re-register.

3. Documents for re-registering Vietnamese ships include:

a) In the case of registering a Vietnamese ship without a term: the documents for registering a Vietnamese ship are stipulated in Clause 3 of Article 11 of this Decree.

b) In the case of registering a Vietnamese ship with a term: the documents for registration are stipulated in Clause 3 of Article 11a of this Decree.

c) In the case of registering a ship under construction: the documents for registration are stipulated in Clause 3 of Article 13 of this Decree.

d) In the case of registering a small ship: the documents for registration are stipulated in Clause 3 of Article 14 of this Decree.

4. Quantity, method, and place of submission of documents.

Organizations and individuals submit one set of documents either directly or via the postal service system to the regional ship registration authority where the ship was previously registered.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. The issuance period for the certificate of re-registration: not later than three working days from the date of receiving complete and valid application files, the regional ship registration authority shall issue the certificate of registration based on the previous registration number and date of the ship in accordance with the corresponding models prescribed in the appendices of this Decree.

7. Issuing authority for the certificate of registration: the regional ship registration authority.

8. Registration fee: implemented in accordance with the regulations of the Ministry of Finance and paid at the regional ship registration authority before receiving the results.

9. Delivery of results: delivered directly at the regional ship registration authority or sent through the postal service system.”

5. Supplement Article 11c as follows:

“Article 11c. Procedure for registering a change in the name of a Vietnamese ship

1. Certificate of registration issued in the case of changing the name of a ship is the certificate of registration issued corresponding to the previous form of registration with the new name of the ship and issued one original copy.

2. Object entitled to receive: the ship owner who has registered their ship in the National Ship Register of Vietnam but subsequently wishes to change the name of the ship.

3. Documents for registering a change in the name of a Vietnamese ship.

a) In the case of registering a Vietnamese ship without a term: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point a, d and đ of Clause 3 of Article 11 of this Decree, and the original certificate of registration of the ship.

b) In the case of registering a Vietnamese ship with a term: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point a, b, c and e of Clause 3 of Article 11a of this Decree, and the original certificate of registration of the ship.

c) In the case of registering a ship under construction: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree and the original certificate of registration of the ship under construction.

d) In the case of registering a small ship: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point đ and e of Clause 3 of Article 14 of this Decree, and the original certificate of registration of the ship.

4. Quantity, method, and place of submission of documents.

Organizations and individuals submit one set of documents either directly or via the postal service system to the regional ship registration authority where the ship was previously registered.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. The issuance period for the certificate: not later than three working days from the date of receiving complete and valid application files, the regional ship registration authority shall issue the certificate of registration based on the previous registration number, date of registration, and form of registration of the ship.

7. Issuing authority for the certificate of registration: the regional ship registration authority where the ship was previously registered.

8. Registration fee: implemented in accordance with the regulations of the Ministry of Finance and paid at the regional ship registration authority before receiving the results.

9. Delivery of results: delivered directly at the regional ship registration authority or sent through the postal service system.”

6. Supplement Article 11d as follows:

“Article 11d. Procedure for registering a change in the name of the ship owner

1. Certificate of registration for changing the name of the ship owner

The certificate of registration issued in the case of changing the name of the ship owner is the certificate of registration issued corresponding to the previous form of registration of the ship and issued one original copy to the ship owner.

2. Object entitled to receive: the ship owner who has registered their ship in the National Ship Register of Vietnam but subsequently changed the name of the ship owner.

3. Documents for registering a change in the name of the ship owner.

a) In the case of registering a Vietnamese ship without a term: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point d, đ and g of Clause 3 of Article 11 of this Decree, and the original certificate of registration of the ship.

b) In the case of registering a Vietnamese ship with a term: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point b, c and d of Clause 3 of Article 11a of this Decree, and the original certificate of registration of the ship.

c) In the case of registering a ship under construction: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point d of Clause 3 of Article 13 of this Decree, and the original certificate of registration of the ship under construction.

d) In the case of registering a small ship: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point đ and e of Clause 3 of Article 14 of this Decree, and the original certificate of registration of the ship.

4. Quantity, method, and place of submission of documents.

Organizations and individuals submit one set of documents either directly or via the postal service system to the regional ship registration authority where the ship was previously registered.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. The issuance period for the certificate: not later than three working days from the date of receiving complete and valid application files, the regional ship registration authority shall issue the certificate of registration based on the previous registration book, date of registration, and form of registration.

7. Issuing authority for the certificate: the regional ship registration authority.

8. Registration fee: implemented in accordance with the regulations of the Ministry of Finance and paid at the regional ship registration authority before receiving the results.

9. Delivery of results: delivered directly at the ship registration authority in the region or sent through postal services.

7. Supplement Article 11đ as follows:

“Article 11đ. Procedure for registering a change in ownership of a ship

1. Certificate of registration for changing ownership of a ship.

The certificate of registration issued in the case of changing the ownership of a ship is the certificate of registration issued corresponding to the previous form of registration of the ship and issued one original copy to the new ship owner.

2. Object entitled to receive: the new owner of the ship that has been registered.

3. Documents for registering a change in ownership of a ship.

a) In case of registering a Vietnamese-flagged vessel without a time limit: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in points c, d, đ, e, g, and h Clause 3 Article 11 of this Decree, and the original certificate of vessel registration.

b) In case of registering a Vietnamese-flagged vessel with a time limit: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in points b, c, d, e, and g Clause 3 Article 11a of this Decree, and the original certificate of vessel registration.

c) In the case of registering a ship under construction: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree, the documents stipulated in Point d of Clause 3 of Article 13 of this Decree, and the original certificate of registration of the ship under construction.

d) In case of registering a small Vietnamese-flagged vessel: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in points c, d, đ, and e Clause 3 Article 14 of this Decree, and the original certificate of vessel registration.

4. Quantity, method, and place of submission of documents.

Organizations and individuals submit one set of documents either directly or via the postal service system to the regional ship registration authority where the ship was previously registered.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. The deadline for issuing the certificate of change in ownership registration of a vessel: within no more than three working days from the date of receiving a complete and valid application, the vessel registration authority shall issue the certificate of vessel registration corresponding to the previous registration number, registration date, and registration form but with the new owner of the vessel.

7. Issuing authority for the certificate of registration: the regional ship registration authority.

8. Fee for changing ownership registration of a Vietnamese-flagged vessel: carried out in accordance with the regulations of the Ministry of Finance and paid at the vessel registration authority before receiving the result.

9. Delivery of results: delivered directly at the regional ship registration authority or sent through the postal service system.”

8. Supplement Article 11e as follows:

"Article 11e. Procedure for registering changes in structure and technical specifications of vessels.

1. Certificate of change in structure and technical specifications of vessels.

The certificate of registration issued when a vessel changes its structure and technical specifications is a certificate corresponding to the previous registration form of that vessel and is issued one original copy to the shipowner.

2. Recipients: shipowners who have registered changes in the structure and technical specifications of their vessels.

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

a) In case of registering a Vietnamese-flagged vessel without a time limit: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in points d and đ Clause 3 Article 11 of this Decree, and the original certificate of vessel registration.

b) In case of registering a Vietnamese-flagged vessel with a time limit: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in points b and c Clause 3 Article 11a of this Decree, and the original certificate of vessel registration.

c) In case of registering a vessel under construction: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in point b Clause 3 Article 13 of this Decree, and the original certificate of registration of the vessel under construction.

d) In case of registering a small Vietnamese-flagged vessel: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in point e Clause 3 Article 14 of this Decree, and the original certificate of vessel registration.

4. Quantity and method of submitting documents.

Organizations and individuals submit one set of documents either directly or via the postal service system to the regional ship registration authority where the ship was previously registered.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. The deadline for issuing the certificate of change in structure and technical specifications of vessels: within no more than three working days from the date of receiving a complete and valid application, the vessel registration authority shall issue the certificate of vessel registration based on the previous registration number, registration date, and registration form.

7. Issuing authority for the certificate of registration: the regional ship registration authority.

8. Fee for registering changes in structure and technical specifications of vessels: carried out in accordance with the regulations of the Ministry of Finance and paid at the vessel registration authority before receiving the result.

9. Delivery of results: delivered directly at the regional ship registration authority or sent through the postal service system.”

9. Supplement Article 11g as follows:

"Article 11g. Procedure for registering changes in the vessel registration authority.

1. The certificate of vessel registration issued when there is a change in the vessel registration authority is a certificate of vessel registration issued by the new vessel registration authority corresponding to the previous registration form of that vessel and is issued one original copy to the shipowner.

2. Recipients: shipowners who have registered changes in the vessel registration authority.

3. Documents for registering changes in the vessel registration authority.

a) In case of registering a Vietnamese-flagged vessel without a time limit: the registration file includes the change registration request form according to the model at Appendix IV of this Decree and the documents specified in Clause 3 Article 11 of this Decree.

b) In case of registering a Vietnamese-flagged vessel with a time limit: the registration file includes the change registration request form according to the model at Appendix IV of this Decree and the documents specified in Clause 3 Article 11a of this Decree.

c) In case of registering a vessel under construction: the registration file includes the change registration request form according to the model at Appendix IV of this Decree and the documents specified in Clause 3 Article 13 of this Decree.

d) In case of registering a small Vietnamese-flagged vessel: the registration file includes the change registration request form according to the model at Appendix IV of this Decree and the documents specified in Clause 3 Article 14 of this Decree.

4. Quantity, method, and place of submission of documents.

Organizations and individuals submit one set of documents directly or send through the postal system to the new vessel registration authority where the shipowner requests to change the vessel registration authority.

5. Procedure for receiving and processing documents.

a) The vessel registration authority receives the documents, checks the validity of the documents (including reviewing the documents submitted by the shipowner at the previous vessel registration authority), records them in the register, and issues a receipt for the results within the prescribed time.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. The deadline for issuing the certificate of change in the vessel registration authority: within no more than three working days from the date of receiving a complete and valid application, the vessel registration authority shall issue the certificate of vessel registration based on the previous registration number, registration date, and registration form.

7. Issuing authority for the certificate of registration: the regional ship registration authority.

8. Fee for registering changes in the vessel registration authority: carried out in accordance with the regulations of the Ministry of Finance and paid at the vessel registration authority before receiving the result.

9. Delivering the result: delivered directly at the vessel registration authority or sent through the postal system."

10. Supplement Article 11h as follows:

"Article 11h. Procedure for registering changes in the organization inspecting Vietnamese-flagged vessels.

1. Certificate of change in the organization inspecting Vietnamese-flagged vessels.

The certificate of registration for a ship when there is a change in the organization responsible for inspection of the ship is a registration certificate issued corresponding to the previous registration form of that ship and is issued one original copy to the ship owner.

2. Recipients: ship owners who have registered their ships.

3. Documents for registering a change in the organization responsible for inspection of ships.

a) In case of registering a Vietnamese-flagged vessel without a time limit: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in points d and đ Clause 3 Article 11 of this Decree, and the original certificate of vessel registration.

b) In cases where the registration of Vietnamese ships has a term: The application package includes the request for registration change according to the model at Appendix IV of this Decree, the documents specified in points b and c of Clause 3, Article 11a of this Decree, and the original certificate of ship registration.

c) In the case of registering a ship under construction: the documents for registration include the application form for changing registration according to the model in Appendix IV of this Decree and the original certificate of registration of the ship under construction.

d) In case of registering a small Vietnamese-flagged vessel: the registration file includes the change registration request form according to the model at Appendix IV of this Decree, the documents specified in point e Clause 3 Article 14 of this Decree, and the original certificate of vessel registration.

4. Quantity, method, and place of submission of documents.

Organizations and individuals submit one set of documents either directly or via the postal service system to the regional ship registration authority where the ship was previously registered.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. Time limit for issuing the certificate of registration for changing the organization responsible for inspection of ships: within three working days from the date of receiving complete valid documents, the ship registration authority shall issue the certificate of ship registration based on the registration number, registration date, and previous registration form.

7. Issuing authority for the certificate of registration: the regional ship registration authority.

8. Registration fee for changing the organization responsible for inspection of Vietnamese ships: implemented according to the regulations of the Ministry of Finance and paid at the ship registration authority before receiving the result.

9. Delivery of results: delivered directly at the ship registration authority in the region or sent through postal services.

11. Amend Article 12 as follows:

“Article 12. Temporary registration procedures for ships flying the flag of Vietnam

1. Certificate of temporary registration for Vietnamese ships

a) The certificate of temporary registration for Vietnamese ships is issued in cases where fees and charges have not been paid as prescribed, where there is no certificate of cancellation or suspension of registration, or where the ship owner conducts trial runs of newly built ships or receives newly built ships to be registered based on shipbuilding contracts.

b) The certificate of temporary registration for Vietnamese ships is issued one original copy to the ship owner.

2. Recipients: ship owners with ships temporarily registered.

3. Documents for temporary registration of Vietnamese ships include:

a) The application form for registering ships as prescribed in Appendix I of this Decree.

b) Original certificate of cancellation or suspension of registration for cases where fees and charges have not been paid or for used ships.

c) Original acceptance report for cases where newly built ships are received for registration.

d) Original purchase or sale contract for ships or new shipbuilding contract or other equivalent legal evidence regarding ownership of the ship.

đ) Certificate of ship tonnage (certified copy or copy with original for comparison). In cases where the ship has not yet been delivered to the buyer, the ship owner submits a certified copy of the ship tonnage certificate.

e) Certificate of classification for ships (certified copy or copy with original for comparison). In cases where the ship has not yet been delivered to the buyer, the ship owner submits a certified copy of the ship classification certificate.

g) Original business registration certificate, branch establishment permit, or representative office certificate in Vietnam.

h) Copy of identity card or original residence certificate confirmed by the local police station (in case the ship owner is a Vietnamese individual).

4. Quantity, method, and place of submission of documents.

Organizations and individuals shall submit one set of documents directly or through postal services to one of the ship registration authorities in the regions at the addresses listed below:

- The ship registration authority in Hai Phong located at Hai Phong Maritime Administration Branch, address: No. 11 Vo Thi Sau Street, Hong Bang District, Hai Phong City.

- The ship registration authority in Ho Chi Minh City located at Ho Chi Minh City Maritime Administration Branch, address: No. 89 Pasteur Street, District 1, Ho Chi Minh City.

- The ship registration authority in Danang is located at the Maritime Port Office Han2ghai3 Danang; address: No. 12, Bach Dang Street, Hai Chau District, Danang City.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. Time limit for issuing the certificate of temporary registration for ships: within three working days from the date of receiving complete valid documents, the ship registration authority issues the certificate of temporary registration for ships according to the model stipulated in Appendix V of this Decree.

7. Issuing authority for the Certificate of Temporary Registration for Vietnamese Ships: the ship registration authority.

8. Registration fee for temporary registration of Vietnamese ships: implemented according to the regulations of the Ministry of Finance and paid at the ship registration authority before receiving the result.

9. Delivery of results: delivered directly at the ship registration authority or sent through postal service.

12. Supplement Article 12a as follows:

“Article 12a. Procedures for issuing a temporary flag state authorization

1. Temporary flag state authorization

The temporary flag state authorization is issued by the Vietnamese Consular Authority abroad one copy for Vietnamese organizations or individuals purchasing ships from foreign organizations or individuals in cases where such ships have not been registered as required by law.

The temporary flag state authorization is only valid for one voyage of the ship and is effective from the date of issuance until the ship arrives at the first Vietnamese port; it is issued one original copy to the ship owner.

2. Recipients: ship owners who apply for a temporary flag state authorization.

3. Documents for issuing a temporary flag state authorization include:

a) The application form for registering ships as prescribed in Appendix I of this Decree.

b) Original certificate of cancellation or suspension of registration for used ships.

c) Original acceptance report for cases where newly built ships are received abroad to be brought back to Vietnam.

d) Original purchase or sale contract for ships or new shipbuilding contract or other equivalent legal evidence regarding ownership of the ship.

đ) Certificate of ship tonnage (copy with original for comparison).

e) Certificate of classification for ships (copy with original for comparison).

g) Business registration certificate (certified copy or copy with original for comparison).

h) Copy of identity card or original residence certificate confirmed by the local police station (in case the ship owner is a Vietnamese individual).

4. Quantity, method, and place of submission of documents.

Organizations or individuals submit one set of documents directly or send via postal service to the Vietnamese Consular Authority abroad where the ship is purchased or where the ship is handed over according to the ship owner's request.

5. Procedure for receiving and processing documents.

a) The Vietnamese Consular Authority abroad receives the documents, checks their validity, records them in the register, and issues a receipt for the result within the prescribed time.

b) If the documents are invalid, within three working days from the date of receipt, the Vietnamese Consular Authority abroad guides the completion of the documents according to the provisions of this Decree.

6. Time limit for issuing the temporary flag state authorization: within three working days from the date of receiving complete valid documents, the Vietnamese Consular Authority abroad issues the temporary flag state authorization according to the model stipulated in Appendix IX of this Decree.

7. Issuing authority for the Temporary Flag State Authorization: the Vietnamese Consular Authority abroad.

8. Fee for issuing a temporary authorization: implemented according to the regulations of the Ministry of Finance and paid at the Vietnamese Consular Authority abroad before receiving the result.

9. Issuing results: delivered directly at the Vietnamese Consular Authority abroad or sent through the postal system.

13. Amend Article 13 as follows:

“Article 13. Procedure for registering Vietnamese ships under construction

1. Certificate of registration for Vietnamese ships under construction.

The certificate of registration for Vietnamese ships under construction shall be issued one (1) original copy to the shipowner.

2. Recipients: shipowners having ships under construction.

3. Documents for registering Vietnamese ships under construction include:

a) Application form for registering Vietnamese ships according to the model set out in Appendix I of this Decree.

b) New shipbuilding contract (original or certified copy).

c) Confirmation of the ship's keel laying issued by the shipyard with confirmation from the classification society (original).

d) Business registration certificate, branch establishment permit, or representative office establishment certificate in Vietnam (original).

4. Quantity, method, and place of submission of documents.

Organizations and individuals shall submit one set of documents directly or through postal services to one of the ship registration authorities in the regions at the addresses listed below:

- The ship registration authority in Hai Phong located at Hai Phong Maritime Administration Branch, address: No. 11 Vo Thi Sau Street, Hong Bang District, Hai Phong City.

- The ship registration authority in Ho Chi Minh City located at Ho Chi Minh City Maritime Administration Branch, address: No. 89 Pasteur Street, District 1, Ho Chi Minh City.

- The ship registration authority in Da Nang located at Da Nang Port Inspection Authority, address: No. 12 Bach Dang Street, Hai Chau District, Da Nang City.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the application, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time frame (in case of direct submission).

b) In case the application is not valid, the ship registration authority in the region shall issue a written notice guiding supplementary and completion of the documents within no more than three working days from the date of receipt of the application.

6. Time limit for issuing the certificate of registration for Vietnamese ships under construction: within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority in the region shall issue the certificate of registration for Vietnamese ships under construction according to the model specified in Appendix VI of this Decree.

7. Issuing authority for the Certificate of Registration for Vietnamese Ships Under Construction: the ship registration authority in the region.

8. Fee for registering Vietnamese ships under construction: implemented according to the regulations of the Ministry of Finance and paid at the ship registration authority in the region before receiving the result.

9. Issuing results: delivered directly at the ship registration authority in the region or sent through the postal service.

14. Amend Article 14 as follows:

Article 14. Procedure for registering small Vietnamese ships.

1. Certificate of registration for small Vietnamese ships.

The certificate of registration for small Vietnamese ships shall be issued one (1) original copy to the shipowner.

2. Recipients: shipowners having small ships registered.

3. Documents for registering small Vietnamese ships include:

a) The application form for registering ships as prescribed in Appendix I of this Decree.

b) Certificate of cancellation of registration for Vietnamese ships or handover record for newly built ships (original).

c) Ship purchase and sale contract or new shipbuilding contract or other legal evidence of ownership (original).

d) Proof of payment of stamp duty according to regulations: submit one set including the original declaration of stamp duty with confirmation from the tax authority and the original proof of payment into the state budget. In cases where ships are exempt from stamp duty, submit the original declaration of stamp duty with confirmation from the tax authority.

đ) Business registration certificate, branch establishment permit, or representative office establishment certificate in Vietnam (original).

e) Logbook of technical safety inspection of ships (original).

4. Quantity, method, and place of submission of documents.

Organizations and individuals shall submit one set of documents directly or through postal services to one of the ship registration authorities in the regions at the addresses listed below:

- The ship registration authority in Hai Phong located at Hai Phong Maritime Administration Branch, address: No. 11 Vo Thi Sau Street, Hong Bang District, Hai Phong City.

- The ship registration authority in Ho Chi Minh City located at Ho Chi Minh City Maritime Administration Branch, address: No. 89 Pasteur Street, District 1, Ho Chi Minh City.

- The ship registration authority in Da Nang located at Da Nang Port Inspection Authority, address: No. 12 Bach Dang Street, Hai Chau District, Da Nang City.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. Time limit for issuing the certificate of registration: within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority in the region shall issue the certificate of registration for ships according to the model specified in Appendix II of this Decree.

7. Issuing authority for the Certificate of Registration for Ships: the ship registration authority in the region.

8. Fee for registering Vietnamese Ships: implemented according to the regulations of the Ministry of Finance and paid at the ship registration authority in the region before receiving the result.

9. Issuing results: delivered directly at the ship registration authority in the region or sent through the postal service.

15. Amend Article 15 as follows:

Article 15. Procedure for canceling registration of Vietnamese ships.

1. Certificate of cancellation of registration for Vietnamese ships.

The certificate of cancellation of registration for Vietnamese ships shall be issued in the cases provided for in Article 20 of the Maritime Code of Vietnam 2005 and shall be issued one (1) original copy to the shipowner.

2. Recipients: shipowners whose ships have been deregistered in the National Register of Ships of Vietnam.

3. Documents for canceling registration of Vietnamese ships include:

a) Application for cancellation of registration of ships according to the model specified in Appendix VII of this Decree.

b) Certificate of registration for Vietnamese ships (original). If the certificate of registration for ships is lost, the shipowner must clearly state the reason.

c) Approval document for cancellation of registration of ships from the mortgagee according to Article 20 of the Maritime Code of Vietnam.

4. Quantity, method, and place of submission of documents.

Organizations and individuals submit one set of documents either directly or via the postal service system to the regional ship registration authority where the ship was previously registered.

5. Procedure for receiving and processing documents.

a) The ship registration authority in the region receives the documents, checks the validity of the documents, records them in the register, and issues a receipt for the result within the prescribed time limit.

b) In case the documents are not valid, the ship registration authority in the region shall guide the completion of the documents according to the provisions of this Decree within three working days from the date of receipt of the documents.

6. Time limit for issuing the certificate of cancellation of registration for Vietnamese ships: within no more than three working days from the date of receipt of complete and valid documents, the ship registration authority in the region shall issue the certificate of cancellation of registration for Vietnamese ships according to the model specified in Appendix VIII of this Decree.

7. Issuing authority for the Certificate of Cancellation of Registration for Vietnamese Ships: the ship registration authority in the region.

8. Fee for canceling registration of Vietnamese ships: implemented according to the regulations of the Ministry of Finance and paid at the ship registration authority in the region before receiving the result.

9. Delivery of results: delivered directly at the ship registration authority in the region or sent through postal services.

16. Amend, supplement, and revoke the Appendices promulgated together with Decree No. 29/2009/NĐ-CP dated March 26, 2009 of the Government on ship registration and ship purchase and sale as follows:

a) Amend and supplement nine appendices promulgated together with Decree No. 29/2009/NĐ-CP dated March 26, 2009 of the Government on ship registration and ship purchase and sale as follows:

- Appendix I: Model of Application Form for Ship Registration.

- Appendix II: Model of Certificate of Registration for Vietnamese Ships.

- Appendix III: Model of Certificate of Registration with Validity Period for Vietnamese Ships.

- Appendix IV: Model of Application for Change Registration.

- Appendix V: Model of Temporary Certificate of Registration for Vietnamese Ships.

- Appendix VI: Model of Certificate of Registration for Ships Under Construction.

- Appendix VII: Model of Application for Cancellation of Registration of Vietnamese Ships.

- Appendix VIII: Model of Certificate of Cancellation of Registration for Vietnamese Ships.

- Appendix IX: Model of Temporary Permit to Fly the Flag of Vietnam.

b) Revoke twelve appendices promulgated together with Decree No. 29/2009/NĐ-CP dated March 26, 2009 of the Government on ship registration and ship purchase and sale.

Article 2. Implementation

1. This Decree takes effect from October 15, 2011.

2. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees under the Central Government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.