Decree No. 86/2020/ND-CP Amending and supplementing some articles of Decree No. 171/2016/ND-CP dated December 27, 2016 of the Government on registration, deregistration, and purchase, sale, and construction of ships

 

 

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE DECREE NO. 171/2016/NĐ-CP OF THE GOVERNMENT ON REGISTRATION, DE-REGISTRATION, PURCHASE, SALE, AND NEW CONSTRUCTION OF SHIPS

Based on the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 171/2016/NĐ-CP dated December 27, 2016 of the Government on registration, de-registration, purchase, sale, and new construction of ships (hereinafter referred to as Decree No. 171/2016/NĐ-CP).

Article 1. Amendments and supplements to certain articles of Decree No. 171/2016/NĐ-CP include:

1. Amending and supplementing Clause 2 of Article 1 as follows:

“2. The provisions on ship registration and de-registration under this Decree shall also apply to the registration and de-registration of official service ships, submarines, submersibles, floating storage units, mobile platforms, and the registration of inland waterway vessels previously registered in the National Ship Register of Vietnam with the VR-SB class.”

2. Amending and supplementing Clause 1 of Article 6 as follows:

“1. The National Ship Register of Vietnam shall be used to record information related to ships, official service ships, submarines, submersibles, floating storage units, mobile platforms that have been registered or de-registered according to regulations. The National Ship Register of Vietnam shall be established in the form of paper records and electronic databases.

The main contents of the National Ship Register of Vietnam shall be implemented in accordance with Article 24 of the Maritime Code of Vietnam.”

3. Amending and supplementing the name of Article 7 as follows:

“Article 7. Age Limit for Ships Registered in Vietnam”

4. Amending and supplementing Clause 1 and Clause 4 of Article 7 as follows:

“1. The age limit for foreign-flagged ships, submarines, submersibles, floating storage units, and mobile platforms when registering in Vietnam shall be carried out as follows:

a) Passenger ships, submarines, submersibles: not exceeding 10 years;

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

c) In special cases decided by the Minister of Transport, but not exceeding 20 years, applicable only to chemical carriers, liquefied gas carriers, oil tankers, or floating storage units.

4. Ships de-registered from the National Ship Register of Vietnam to register as inland waterway vessels with the VR-SB class may be re-registered in the National Ship Register of Vietnam with either unlimited registration or small ship registration if the vessel's age complies with the provisions of Clause 1 of this Article.”

5. Amending and supplementing Point b, c, d of Clause 2, Point a of Clause 4 of Article 8 as follows:

“2. Documents for requesting approval of ship naming, including:

b) A ship purchase or sale contract or a new ship construction contract or other legal evidence equivalent to ownership of the ship (certified copy or original for comparison, notarized translation if the contract is in a foreign language);

c) Business registration certificate or enterprise registration certificate or cooperative registration certificate (certified copy or original for comparison). If the ship owner is a foreign organization, submit a branch establishment permit or representative office permit in Vietnam (certified copy or original for comparison);

d) If the ship owner is an individual, additional submission of identity card or citizen identification card or passport (certified copy or original for comparison); if the ship owner is a foreign individual, submit a passport (certified copy or original for comparison).”

4. The ship registration authority receives the documents and implements the following procedures:

a) For direct submission, if the documents are incomplete, immediately guide the organization or individual to complete the documents; if the documents are complete, enter them into the tracking register, issue a receipt for the documents, and schedule the return of results within the prescribed time.”

6. Amending and supplementing Point b, c, g, h of Clause 2, Point a of Clause 4 of Article 9 as follows:

“2. Documents for registering unlimited-term ships, including:

b) Certificate of ship de-registration or inland waterway vessel de-registration certificate for inland waterway vessels with the VR-SB class (original) that have been used or acceptance report for newly constructed ships (original);

c) A ship purchase or sale contract or a new ship construction contract or other legal evidence equivalent to proving ownership of the ship (original, with notarized translation if the contract is in a foreign language);

g) Business registration certificate or enterprise registration certificate or cooperative registration certificate (certified copy or original for comparison); if the ship owner is a foreign organization, submit a branch establishment permit or representative office permit in Vietnam (certified copy or original for comparison);

h) If the ship owner is an individual, additional submission of identity card or citizen identification card or passport (certified copy or original for comparison); if the ship owner is a foreign individual, submit a passport (certified copy or original for comparison).

4. The ship registration authority receives the documents and implements the following procedures:

a) For direct submission, if the documents are incomplete, immediately guide the organization or individual to complete the documents; if the documents are complete, enter them into the tracking register, issue a receipt for the documents, and schedule the return of results within the prescribed time.”

7. Amending and supplementing Point a of Clause 1, Point d, e, g of Clause 2, Clause 3, Point a of Clause 5 of Article 10 as follows:

“1. Certificate of ship registration with a term.

a) The registration period of the ship recorded in the ship registration certificate corresponds to the term of the ship lease-purchase contract or bareboat charter contract or at the request of the ship owner. If the ship has a Temporary Registration Suspension Certificate, the registration period of the ship cannot exceed the term recorded in the Temporary Registration Suspension Certificate;

2. Documents for registering a ship with a term in the case where the ship owner is a Vietnamese organization or individual leasing or purchasing a ship or bareboat chartering, including:

d) Business registration certificate or enterprise registration certificate or cooperative registration certificate (certified copy or copy with original for comparison);

e) Purchase lease contract for ships or bareboat charter contract (original, accompanied by notarized certified translation if the contract is written in a foreign language);

g) Delivery record of the ship (original, accompanied by notarized certified translation if the delivery record is written in a foreign language);

3. The file for registering sea vessels with a time limit in cases where the owner of the vessel is a foreign organization or individual, including the documents specified in points a, b, c, d, e, g, and h of Clause 2 of this Article; branch establishment permit or representative office permit in Vietnam (certified copy or copy with original for comparison) or passport (certified copy or copy with original for comparison).

5. The vessel registration authority shall accept the file and proceed according to the following procedures:

a) For direct submission, if the documents are incomplete, immediately guide the organization or individual to complete the documents; if the documents are complete, enter them into the tracking register, issue a receipt for the documents, and schedule the return of results within the prescribed time.”

8. Amend and supplement points a and b of Clause 2 and point a of Clause 4 of Article 11 as follows:

“2. The file for registering temporary sea vessels includes:

a) In cases where fees have not yet been paid, the file includes: the vessel registration form according to Form No. 01 prescribed in the Appendix issued together with this Decree; the documents specified in points b, c, g, and h of Clause 2 of Article 9 of this Decree; and the Certificate of Gross Tonnage of the Vessel and the existing Classification Certificate of the Vessel (certified copy);

b) In cases where there is no Certificate of Cancellation of Vessel Registration, the file includes: the vessel registration form according to Form No. 01 prescribed in the Appendix issued together with this Decree; the documents specified in points c, g, and h of Clause 2 of Article 9 of this Decree; and the Certificate of Gross Tonnage of the Vessel and the existing Classification Certificate of the Vessel (certified copy);

4. The ship registration authority receives the documents and implements the following procedures:

a) For direct submission, if the documents are incomplete, immediately guide the organization or individual to complete the documents; if the documents are complete, enter them into the tracking register, issue a receipt for the documents, and schedule the return of results within the prescribed time.”

9. Amend and supplement point a of Clause 4 of Article 12 as follows:

“a) In cases where the file is submitted directly, if the file is not valid, immediately guide organizations and individuals to complete the file; if the file is valid, enter it into the tracking register, issue a receipt for the file, and schedule the return of the result within the prescribed time frame;”

10. Amend and supplement points b, d, and đ of Clause 2 and point a of Clause 4 of Article 13 as follows:

“2. The file for registering sea vessels under construction includes:

b) Contract for building new sea vessels or contract for buying and selling sea vessels under construction (original, accompanied by notarized certified translation if the contract is written in a foreign language);

d) Business registration certificate or enterprise registration certificate or cooperative registration certificate (certified copy or copy with original for comparison); in cases where the owner of the vessel is a foreign organization, submit the branch establishment permit or representative office permit in Vietnam (certified copy or copy with original for comparison);

đ) In cases where the owner of the vessel is an individual, also submit identity card or citizen identification card or passport (certified copy or copy with original for comparison); in cases where the owner of the vessel is a foreign individual, submit passport (certified copy or copy with original for comparison).

4. The ship registration authority receives the documents and implements the following procedures:

a) For direct submission, if the documents are incomplete, immediately guide the organization or individual to complete the documents; if the documents are complete, enter them into the tracking register, issue a receipt for the documents, and schedule the return of results within the prescribed time.”

11. Amend and supplement points b, c, đ, and e of Clause 2 and point a of Clause 4 of Article 14 as follows:

“2. The file for registering small sea vessels includes:

b) Certificate of Cancellation of Vessel Registration or Certificate of Cancellation of Domestic Waterway Vessel Registration for inland waterway vessels classified as VR-SB (original) that have been used or delivery record of the ship for newly built sea vessels (original);

c) Contract for purchasing or selling sea vessels or contract for building new sea vessels or other evidences of equivalent legal value proving ownership of the sea vessel (original, accompanied by notarized certified translation if the contract is written in a foreign language);

đ) Business registration certificate or enterprise registration certificate or cooperative registration certificate (certified copy or copy with original for comparison); in cases where the owner of the vessel is a foreign organization, submit the branch establishment permit or representative office permit in Vietnam (certified copy or copy with original for comparison);

e) In cases where the owner of the vessel is an individual, also submit identity card or citizen identification card or passport (certified copy or copy with original for comparison); in cases where the owner of the vessel is a foreign individual, submit passport (certified copy or copy with original for comparison).

4. The ship registration authority receives the documents and implements the following procedures:

a) For direct submission, if the documents are incomplete, immediately guide the organization or individual to complete the documents; if the documents are complete, enter them into the tracking register, issue a receipt for the documents, and schedule the return of results within the prescribed time.”

12. Amend and supplement point a of Clause 4 of Article 15 as follows:

“a) In cases where the file is submitted directly, if the file is not valid, immediately guide organizations and individuals to complete the file; if the file is valid, enter it into the tracking register, issue a receipt for the file, and schedule the return of the result within the prescribed time frame;”

13. Amend and supplement point a of Clause 4 of Article 16 as follows:

“a) In cases where the file is submitted directly, if the file is not valid, immediately guide organizations and individuals to complete the file; if the file is valid, enter it into the tracking register, issue a receipt for the file, and schedule the return of the result within the prescribed time frame;”

14. Supplement Clause 4 of Article 19 as follows:

“4. Vietnamese sea vessels registered temporarily as provided in point a of Clause 5 of Article 3 of this Decree shall not be deregistered until fees and charges have been paid as prescribed.”

15. Amend and supplement point a of Clause 4 of Article 20 as follows:

“a) In cases where the file is submitted directly, if the file is not valid, immediately guide organizations and individuals to complete the file; if the file is valid, enter it into the tracking register, issue a receipt for the file, and schedule the return of the result within the prescribed time frame;”

16. Amend and supplement Clause 1 of Article 22 as follows:

“1. The purchase of sea vessels using state capital shall be carried out in accordance with the provisions of the law on bidding.”

17. Amend and supplement Clause 1 of Article 23 as follows:

“1. The purchase of sea vessels using state capital shall be carried out according to the following procedure:

a) Approve the policy of purchasing sea vessels;

b) Select the vessel, estimate the purchase price and related transaction costs;

c) Prepare, review, and approve the project for purchasing sea vessels. The project for purchasing sea vessels includes contents such as the necessity of investment, type of vessel, quantity, basic technical parameters of the vessel, estimated price of the vessel, source of funds for purchasing the vessel, method of purchasing the vessel, exploitation plan, economic efficiency, and other necessary contents;

d) Decide to purchase the sea vessel;

đ) Complete the procedures for purchasing the sea vessel.”

18. Amend and supplement Clause 1 of Article 24 as follows:

“1. The sale of sea vessels using state capital shall be carried out according to the following procedure:

a) Approve the policy of selling sea vessels;

b) Determine the initial selling price and estimate the related transaction costs for selling the sea vessel;

c) Prepare, review, and approve the project for selling sea vessels. The project for selling sea vessels includes contents such as the necessity of selling the vessel, quantity, basic technical parameters of the vessel, estimated selling price, method of selling the vessel, and other necessary contents;

d) Decision to sell ships;

đ) Completion of ship sale procedures.”

19. Amend and supplement Clause 1 of Article 25 as follows:

“1. Shipbuilding projects using state capital shall be carried out according to the following procedures:

a) Approval of the decision to build new ships;

b) Selection, determination of price and source of capital for building new ships; estimation of costs related to the shipbuilding transaction;

c) Preparation, review, and approval of the shipbuilding project. The shipbuilding project includes contents on the necessity of investment, type of ship, quantity, basic technical parameters of the ship, estimated price, source of capital for building new ships, form of shipbuilding, exploitation plan, economic efficiency, and other necessary contents;

d) Decision to build ships;

đ) Completion of procedures for building new ships.”

20. Amend and supplement Clause 1 of Article 26 as follows:

“1. For ship purchase, sale, and construction projects using state capital, the authority to approve the policy, approve the project, decide on purchasing, selling, and constructing ships shall be implemented in accordance with the provisions of the Law on Management and Use of State Capital for Production and Business Investment at Enterprises, the Law on Investment and Public Investment, and the enterprise charter.”

Article 2. Transitional provisions

1. As for the application for issuance of ship registration certificates, cancellation of ship registration received by the ship registration agency before this Decree takes effect, it shall continue to be implemented in accordance with the provisions of Decree No. 171/2016/NĐ-CP.

2. As for ship purchase, sale, and construction projects that have been approved before this Decree takes effect, they shall continue to be implemented in accordance with the provisions of Decree No. 171/2016/NĐ-CP.

3. As for foreign-flagged ships purchased by Vietnamese organizations or individuals through loan purchase or lease purchase methods with loan purchase or lease purchase contracts signed before this Decree takes effect, the age of the ship when registering in Vietnam shall continue to be implemented in accordance with the provisions of Decree No. 171/2016/NĐ-CP.

4. As for ships that have been issued temporary registration certificates before this Decree takes effect, the regulations on cancellation of registration shall continue to be implemented in accordance with the provisions of Decree No. 171/2016/NĐ-CP.

Article 3. Effectiveness and Implementation

1. This Decree shall take effect from September 15, 2020.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.