Nghị định 77/2011/NĐ-CP sửa đổi Nghị định 29/2009/NĐ-CP về đăng ký và mua, bán tàu biển

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 29/2009/ ND-CP OF MARCH 26, 2009, ON SEAGOING SHIP REGISTRATION, PURCHASE AND SALE

THE GOVERNMENT

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

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

At the proposal of the Minister of Transport.

DECREES:

Chapter I

GENERAL PROVISION'S

Article 1. To amend and supplement a number of articles of the Government's Decree No. 29/2009/ND-CP of March 26, 2009 on seagoing ship registration, purchase and sale, with the following contents:

1. To add the following Clause 8 to Article 3:

"8. Valid dossier is a dossier comprising all papers as required in this Decree and other relevant laws.'"

2. To amend Article 11 as follows:

"Article 11. Vietnamese ship registration procedures

1. Vietnamese ship registration certificate.

a/ Vietnamese ship registration certificates shall be granted to seagoing ships satisfying all conditions and registered in the national ship register according to the order and procedures slated in this Decree

b/ A Vietnamese ship registration certificate is valid from the dale of its gram to the date of deregistration of the ship concerned.

c/ For each registration certificate. 1 (one) original shall he granted

2. Grantees Owners of registered ships

3. A Vietnamese ship registration dossier comprises:

a/ The ship registration declaration, made according to the form provided in Appendix 1 to this Decree.

b/ The original deregistration or registration suspension certificate, for used ships, or the ship lest and handover record, for newly built ships.

c/ The original ship purchase and sale contract or ship building contract or other proofs of equivalent legal validity of the ownership of the ship.

d/ The ship tonnage certificate (a notarized copy or a copy and the original for comparison).

e/ The ship classification certificate (a notarized copy or a copy and the original for comparison).

f/ Documents proving the payment of registration fee according to regulations: 1 set comprising the original registration fee declaration bearing the tax office's certification, and the original document on payment of registration fee to the .state budget. For seagoing ships not liable to registration fee, to submit the original registration fee declaration bearing the tax office's certification.

g/ The business registration certificate or permit for setting up a branch or representative office in Vietnam (a notarized copy or a copy and the original for comparison).

h/ A copy of the identity card or the original residence certificate bearing the commune police's certification (for ship owners being Vietnamese)

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies:

- Mai Phong regional ship registration agency at the Hai Phong City Maritime Administration at No. 11. Vo Thi Sau avenue, Hong Bang district, Hai Phong city.

- Sai Gon regional ship registration agency at the Ho Chi Minh City Maritime Administration at No. 89. Pasteur avenue, district I. Ho Chi Minh City.

- Da Nang regional ship registration agency at the Da Nang Port Authority at No. 12, Bach Dang avenue, Hai Chau district, Da Nang city.

5. Dossier handling process:

a/ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree

6. Time limit for grant of Vietnamese ship registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall grant a ship registration certificate, made according to the form provided in Appendix II to this Decree.

7. Certificate-granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

3. To add the following Article 11a:

"Article 11a. Vietnamese ship definite registration procedures

1. Vietnamese ship definite registration certificate.

a/ The definite registration period-shall be recorded in the registration certificate, which is corresponding to the term of the chip hire-purchase contract or bare-boat charter contract or as requested by the ship owner.

b/ For each definite registration certificate, 1 (one) original shall be granted

2. Grantees: Owners of registered ships

3. A Vietnamese ship definite registration dossier comprises:

For ship owners being Vietnamese organizations on individuals hire-purchasing or chartering ships:

a/ The ship registration declaration, made according to the form provided in Appendix I to this Decree

b/ The ship tonnage certificate (a notarized copy or a copy and the original for comparison).

c/ The ship classification certificate (a notarized copy or a copy and the original for comparison).

d/ The business registration certificate or permit for setting up a branch or representative office in Vietnam (a notarized copy or a copy and the original for comparison ).

e/ The ship deregistration or registration suspension certificate (a notarized copy or a copy and-the original for comparison)

f/ The-original ship hire purchase contract or bare-boat charter contract

g/ The ship handover record (a notarized copy or a copy and the original for comparison).

For foreign ship owners, a dossier comprises papers mentioned at Points a, b, c and e of this Clause, a notarized copy (or a copy and the original for comparison) of the permit for setting up a branch or representative office in Vietnam; the original document proving the ownership of the ship to be registered; documents proving the payment of registration fee according to regulations, including the original registration fee declaration bearing the lax office's certification and the original document on the payment of registration fee to the stale budget; for seagoing ships not liable to registration fee, to submit the original registration fee declaration bearing the tax office's certification.

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies:

- Hai Phong regional ship registration agency at the Hai Phong City Maritime Administration at No. 11, Vo Thi Sau avenue, Hong Bang district, Hai Phong city.

- Sai Gon regional ship registration agency at the Ho Chi Minh City Maritime Administration at No. 89, Pasteur avenue, district I, Ho Chi Minh city.

- Da Nang regional ship registration agency at the Da Nang Port Authority at No. 12, Bach Dang avenue, Hai Chau district, Da Nang city.

5. Dossier receipt and handling process

a/ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed lime limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6 Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall grant a ship registration certificate, made according to the form provided in Appendix III to this Decree.

7. Certificate-granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

4. To add the following Article 11b:

"Article 11b. Vietnamese ship re-registration procedures

1. Ship registration certificates for cases of re-registration of ships are those granted by regional ship registration agencies based on the form of re-registration of ships concerned.

2. Grantees: Owners of ships already registered in Vietnam's national ship register then de-registered and now re-registered.

3. A Vietnamese ship re-registration dossier comprises:

a/ For indefinite registration: as specified in Clause 3, Article 11 of this Decree.

b/ For definite registration: as specified in Clause 3. Article 1 la of this Decree

c/ For registration of ships under construction as specified in Clause 3. Article 13 of this Decree.

d/ For registration of small ships: as specified in Clause 3. Article 14 of this Decree.

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to the ship registration agency with which the ships were previously registered

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity records it in a book and issues a slip of appointment to return the result within the prescribed lime limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree

6. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall base on the old number and date of registration of the ship-to grant a ship registration certificate according to the corresponding form provided in one of the appendices to this Decree.

7. Certificate granting agencies are regional ship registration agencies.

8. Registration fee shall be paid-cording to regulations of the Ministry of France to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post"

5. To add the following Article 11c:

Article 11c. Vietnamese ship renaming registration procedures

1. Registration certificates granted in cases of renaming ships are those corresponding to the previous form of registration bearing the new name of the ship concerned, for each certificate, 1 (one) original shall be granted.

2. Grantees: Owners of ships already registered in Vietnam's national ship register registering new names of such ships.

3. A Vietnamese ship renaming registration dossier:

a/ Pot indefinite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points a. d and e. Clause 3. Article 11 of this Decree, and the original ship registration certificate.

b/ For definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points a. b. c and f. Clause 3. Article 1la of this Decree, and the original ship registration certificate.

c/ For registration of ships under construction: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree and the original ship-under-construction registration certificate.

d/ For registration of small ships: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points e and t. Clause 3, Article 14 of this Decree, and the original ship registration certificate.

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to the ship registration agency with which the ships were previously registered.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall base on the old number date and form of registration of the ship to grant a ship registration certificate

7. Certificate-granting agencies are regional ship registration agencies with which the ships were previously registered

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

6. To add the following Article 11d:

"Article 11d. Ship owner name change registration procedures

1. Ship owner name change registration certificate.

Ship owner name change registration certificates granted for cases of change of ship owner name are those corresponding to the previous form of registration of ships concerned. For each certificate, 1 (one) original shall be granted.

2. Grantees: Owners of ships already registered in Vietnam's national ship register having their names changed.

3. A ship owner name change registration dossier:

a/ For indefinite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points d. e and g. Clause 3. Article 11 of this Decree, and the original ship registration certificate.

b/ For definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points b. c and d. Clause 3. Article I la of this Decree, and the original ship registration certificate

c/ For registration of ships under construction: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Point d. Clause 3, Article 13 of this Decree, and the original ship-under-construction registration certificate.

d/ For registration of small ships A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points e and f. Clause 3, Article 14 of this Decree, and the original ship registration certificate.

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to the ship registration agency with which the ships were previously registered.

5. Dossier receipt and handling process:

a/ The regional ship registration, agency receives a dossier, checks its validly records it in a book and issues a slip of appointment to return the result within the presented lime limit.

b/ If a dossier is invalid, within 3.uorking days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of registration certificates: Within 3 working days alter receiving a complete dossier, the regional ship registration agency shall base on the old number, date and form of registration to grant a ship registration certificate.

7. Certificate-granting agencies air regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result

9. Return of result: directly at the regional ship registration agency or by post"

7. To add the following Article 11e:

"Article 11e. Ship owner change registration procedures

1. Ship ownership change registration certificate

Registration certificates granted for cases of change of ship owners net s are those corresponding to the previous form of registration of ships concerned. For each certificate, 1 (one) original shall be granted.

2.Grantees: New owner of registered ships.

3. A ship ownership change registration dossier

a/ For in definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points b and c, Clause 3. Article 11a of this Decree, and the original ship registration certificate.

b/ For definite registration: A dossier must comprise application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points b and c Clause 3, Article 1la of this Decree, and the original ship registration certificate.,

c/ For registration of ships under construction: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Point d. Clause 3. Article 13 of this Decree, and the original ship-under-Construction registration certificate.

d/ For registration of small ships: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points c. d. e and f. Clause 3, Article 14 of this Decree, and the original ship registration certificate

4. Dossier quantity, method and places of submission

One set of the dossier shall he submitted directly or by post to the ship registration agency with which the ships were previously registered.

5 Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit.

b/ If a dossier is invalid, within working days alter receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall base on the old number, date and form of registration to grant a ship registration certificate to the new owner of the ship.

7. Certificate-granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

8. To add the following Article 11f :

"Article 11f. Ship structure and technical specifications change registration procedures

1. Ship structure and technical specifications change registration certificate.

Ship structure and technical specifications change registration certificates granted for cases of change of structure and technical specifications of ships are those corresponding to the previous form of registration of the ships. For each certificate. 1 (one) original shall he granted.

2. Grantees: Owners of registered ships with changed structure and technical specifications.

3. A ship structure and technical specifications change registration dossier:

a/ For indefinite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points d and e. Clause 3. Article 11 of this Decree, and the original ship registration certificate.

b/ For definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points h and c. Clause 3. Article I la of this Decree, and the original ship registration certificate.

c/ For registration of ships under construction: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Point b. Clause 3. Article 13 of this Decree, and the original ship-under-construction registration certificate

d/ For registration of small ships: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Point f. Clause 3. Article 14 of this Decree, and the original ship registration certificate

4. Dossier quantity and method of submission:

One set of the dossier shall be submitted directly of by post to the ship registration agency with which the ships were previously registered.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity records it in a book and issues a slip of appointment to return the result within the prescribed time limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the national ship registration agency shall base on the old number, date and form o\ registration to grant a ship registration certificate.

7. Certificate-granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

9. To add the following Article 11g:

"Article 11g. Regional ship registration agency change registration procedures

1. Ship registration certificates grained for cases of change of regional ship registration agency are those granted by the new regional ship registration agency to the ships concerned corresponding to the previous form o\ registration of the ships, for each certificate, 1 (one) original shall be granted.

2. Grantees Owners of ships registered for change of regional ship registration agency.

3. A regional ship registration agency change registration dopier:

a/ For indefinite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree and papers specified in Clause 3. Article 11 of this Decree.

b/ Fur definite registration: A dossier must comprise «n application for change registration made according to the form provided in Appendix IV to this Decree and papers specified in Clause 3, Article 11a of this Decree.

c/ For registration of ships under construction: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree and papers specified in Clause 3. Article 13 of this Decree.

d/ For registration of small ships: A dossier must comprise an application for change registration made according to the form provided in Appendix IV In this Decree and papers specified in Clause 3, Article 14 of this Decree.

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to the new ship registration agency of the place with which ship owners want to register their ships.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity (including appraising the dossier submitted by the ship owner to the old ship registration agency I, records it in a book and issues ;a slip of appointment to return the result within the prescribed time limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of regional shi registration agency change registration certificates: Within 3 working days alter receiving a complete dossier, the regional ship registration agency shall base on the old number, date and form of registration to grant a ship registration certificate

7. Certificate-granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

10. To add the following Article 11h:

"Article 11h. Vietnamese ship registry-change registration procedures

1. Vietnamese ship registry change registration certificates

Ship registry change registration certificates granted for cases of change of ship registry are those corresponding to the previous form of registration of ships concerned. For each certificate, 1 (one) original shall he granted.

2. Grantees: Owners of registered ships.

3. A ship registry change registration dossier:

a/ For indefinite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points d and e. Clause 3, Article II of this Decree, and the original ship registration certificate.

b/ For definite registration: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree, papers specified at Points b and c. Clause 3, Article 11a of this Decree, and the original ship registration certificate.

c/ For registration of ships under construction: A dossier must comprise an application for change registration made according to the form provided in Appendix IV to this Decree and the original ship-under-construction registration certificate.

d/ For registration of small ships: A dossier must comprise an application tot change registration made according to the form provided in Appendix IV to this Decree, papers specified at Point f. Clause 3, Article 14 of this Decree, and the original ship registration certificate.

4. Dossier quantity, method and places of submission:

One set of the dossier shall be-submitted directly or by post to the ship registration agency with which the ships were previously registered.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment lo return the result within the prescribed time limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of ship registry change registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall base on the old number, dale and form of registration of the ship to grant a ship registration certificate.

7. Certificate-granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

11. To amend Article 12 as follows:

"Article 12. Procedures for provisional registration of ship sailing under Vietnamese flag

1. Vietnamese ship provisional registration certificate

a/ Vietnamese ship provisional registration certificates shall be granted in case of having not yet paid prescribed charges and fees, having no ship deregistration or registration suspension certificates or ship owners operating on a trial basis newly built ships or receiving newly built ships and taking them to the place of registration under shipbuilding contracts.

b/ For each provisional registration certificate 1 (one)original shall be granted

2. Grantees: Owners of ship provisionally registered.

3. A Vietnamese ship provisional registration dossier comprises:

a/ The ship registration declaration, made according to the form provided in Appendix I to this Decree.

b/ The original ship deregistration or registration suspension certificate, for cases of having not yet paid charges and tees or for used ships.

c/ The original ship test and handover record, for cases of deceiving newly built ships for taking to the place of registration

d/ The original ship purchase and sale contract of ship building contract or other proof of equivalent legal validity of the ownership of the ship

e/ The ship tonnage certificate (a notarized copy or a copy and the original for comparison); for ships not yet handed over to the purchaser, the ship owner shall submit a copy of the ship tonnage certificate certified by the ship owner

f/ The ship classification certificate (a notarized copy or a copy and the original for comparison); for ships not yet handed over to the purchaser, the ship owner shall submit a copy of the ship classification certificate certified by the ship owner.

g/ The original business registration certificate or permit for setting up a branch or representative office in Vietnam.

h/ A copy of the identity card or the original resilience certificate hearing the commune police's certification (for ship owners being Vietnamese).

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies:

- Hai Phong regional ship registration agency at the Hai Phong City Maritime Administration at No ll. Vo Thi Sau avenue, Hong Bang district, Hai Phong city.

- Sai Gon regional ship registration agency at the Ho Chi Minh City Maritime Administration at No. 89, Pasteur avenue, district I, Ho Chi Minh City.

Da Nang regional ship registration agencv at the Da Nang Port Authority at No. 12, Bach Dang avenue, Hai Chau district, Da Nang city.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of provisional registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall grant a ship provisional registration certificate, made according to the form provided in Appendix V to this Decree.

7. Certificate-granting agencies are regional ship registration agencies.

8. Provisional-registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

12. To add the following Article 12a:

"Article 12a. Procedures for granting permits to provisionally sail under the Vietnamese flag

1. Permit to provisionally sail under the Vietnamese flag.

A permit (one original) to provisionally sail under the Vietnamese flag shall be granted by the overseas Vietnamese consulate to a Vietnamese organization or individual purchasing a seagoing ship of a foreign organization or individual incase such ship has not yet been registered under law.

A permit (one original) to provisionally sail under the Vietnamese Hag is effective only during one voyage of the ship concerned and is valid from the time of its grant to the time the ship arrives at the first port of Vietnam. For each permit, 1 (one) original shall be granted to the ship owner.

2. Grantees: Owners of ships applying for a permit to provisionally sail under the Vietnamese Hag.

3. A dossier of application for a permit to provisionally sail the Vietnamese flag comprises:

a/ The ship registration declaration, made according to the form provided in Appendix I to this Decree.

b/ The original ship deregistration or registration suspension certificate: for used ships.

c/ The original ship test and handover record, for cases of receiving newly built ships for taking to Vietnam.

d/ The original ship purchase and sale contract or ship building contract or other proof of equivalent legal validity of the ownership of the ship.

e/ The ship tonnage certificate (a notarized copy or a copy and the original for comparison).

f/ The ship classification certificate (a notarized copy or a copy and the original for comparison).

g/ The business registration certificate (a notarized copy or the original for comparison)

h/ A copy of the identity card or the original residence certificate bearing the commune police's certification (for ship owners being Vietnamese)

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to the Vietnamese consulate based in the foreign country where the ship is purchased or is delivered at the ship owner's request.

5. Dossier receipt and handling process:

a/ The overseas Vietnamese consulate receives a dossier, checks its validity, records it in .a book and issues a slip of appointment to return the Jesuit within the prescribed time limit

b/ If a dossier is invalid, within 3 working days alter receiving it, the overseas Vietnamese consulate shall guide the dossier completion as required in this Decree.

6. Time limit for gram of permits: Within 3 working days after receiving a complete dossier, the overseas Vietnamese consulate shall grant a permit to provisionally sail under the Vietnamese flag, made according to the form provided in Appendix IX to this Decree.

7. Permit-granting agencies are overseas Vietnamese consulates.

8. Permit-granting fee shall be paid according to regulations of the Ministry of Finance to the overseas Vietnamese consulate before receiving the result.

9. Return of result: directly at the overseas Vietnamese consulate or by post."

13. To amend Article 13 as follows:

“Article 13. Procedures for registration Vietnamese ships under construction

1. Under construction Vietnamese ship registration certificate.

For each under-construction ship registration certificate, 1(one) original shall be granted.

2. Grantees: owners of ships under construction.

3. An under -construction ship registration dossier comprises:

a/ The ship registration declaration, made according to the form provided in Appendix I to this Decree.

b/ The shipbuilding contract (the original or a notarized copy).

c/ The original certificate of the ship's main frame placed at the shipbuilding yard, bearing the ship registry's certification;

d/ The original business registration certificate or permit for setting up a branch or representative office in Vietnam.

4. Dossier quantity, method and places of submission:

One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies:

- Hai Phong regional ship registration agency at the Hai Phong City Maritime Administration at No. II. Vo Thi Sau avenue, Hong Bang district, Hai Phong city.

- Sai Gon regional ship registration agency at the Ho Chi Minh City Maritime Administration at No. 89, Pasteur avenue, district I, Ho Chi Minh City.

- Da Nang regional ship registration agency at the Da Nang Port Authority at No. 12, Bach Dang avenue, Hai Chau district, Da Nang city.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, cheeks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit (for cases of direct submission of dossiers).

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall issue a document guiding the dossier completion as required.

6. Time limit for grant of registration certificates: Within 3 working days after receiving a complete dossier, the regional ship registration agency shall grant a under-construction ship registration certificate, made according to the form provided in Appendix VI to this Decree.

7. Certificate-granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

14. To amend Article 14 as follows:

"Article 14. Vietnamese small ship registration procedures

1. Vietnamese small ship registration certificates.

For each small-ship registration certificate, 1 (one) original shall be granted to the ship owner.

2. Grantees: Owners of registered small ships.

3. A Vietnamese small ship registration dossier comprises:

a/ The ship registration declaration, made according lo the form provided in Appendix I to this Decree.

b/ The original ship deregistration or ship handover record, for newly built ships

c/ The original ship purchase" and sale contract or ship building contract or other proof of equivalent legal validity of the ownership of the ship.

d/ Documents proving the payment of registration fee according to regulations: 1 set comprising the original registration fee declaration bearing the lax office's certification, and the original document on the payment of registration fee to the state budget. For seagoing ships not liable to registration fee. to submit the original registration fee declaration bearing the tax office's certification.

f/ The original business registration certificate or permit for setting up a bunch 01 representative office in Vietnam,

f/ The original --hip technical safety inspection book.

4. Dossier quantity, method and places of submission

One set of the dossier shall be submitted directly or by post to one of the following regional ship registration agencies.

- Hai Phong regional ship registration agency at the Hai Phong City Maritime .Administration at No. 11, Vo Thi Sau avenue, Hong Bang district, Hai Phong city

- Sai Gon regional ship registration agency at the Ho Chi Minh City Maritime Administration at No 89, Pasteur avenue, district I, Ho Chi Minh City.

- Da Nang regional ship registration agency at the Da.Nang Port Authority at No 11, Bach Dang avenue, Hai Chau district, Da Nang city.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receiver a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit.

b/ If a dossier is invalid, within 3 working days alter receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of registration certificates Within 3 working days alter receiving a complete dossier, the regional ship registration agency shall grant a ship registration certificate, made according to the form provided in Appendix II to this Decree.

7. Certificate granting agencies are regional ship registration agencies.

8. Registration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result

9. Return of result, directly at the regional ship registration agency or by post."

15. To amend Article 15 as follows:

"Article 15. Vietnamese ship deregistration procedures

1. Vietnamese ship deregistration certificate.

A Vietnamese ship deregistration certificate shall be granted in the cases specified in Article 20 of the 2005 Vietnam Maritime Code. For each certificate. 1 (one) original shall be granted to the ship owner.

2. Grantees: owners of ships deregistered from Vietnam's national ship register.

3. A Vietnamese ship deregistration dossier comprises:

a/ The ship deregistration declaration, made according to the form provided in Appendix VII to this Decree.

b/ The original Vietnamese ship registration certificate. In case it is lost, the ship owner shall stale the reason.

c/ Written approval of the ship deregistration, made by the mortgagee of the ship concerned under Article 20 of the Vietnam Maritime Code.

4. Dossier quantity, method and places of submission:

One set of the dossier shall he submitted directly or by post to the regional ship registration agency with which the ship has been registered.

5. Dossier receipt and handling process:

a/ The regional ship registration agency receives a dossier, checks its validity, records it in a book and issues a slip of appointment to return the result within the prescribed time limit.

b/ If a dossier is invalid, within 3 working days after receiving it, the regional ship registration agency shall guide the dossier completion as required in this Decree.

6. Time limit for grant of deregistration certificates: within 3 working days alter receiving a complete dossier, the regional ship registration agency shall grant a ship deregistration certificate according to the form provided in Appendix VIII to this Decree

7. Certificate-granting agencies are regional ship registration agencies.

8. Deregistration fee shall be paid according to regulations of the Ministry of Finance to the regional ship registration agency before receiving the result.

9. Return of result: directly at the regional ship registration agency or by post."

16. To modify, supplement and cancel the appendices to the Government's Decree No. 29/2009/ND-CP or March 26, 2009, on seagoing ship registration, purchase and sale, as follows:

a/ To modify and supplement 9 appendices to the Government's Decree No. 29/2009/ND-CP of March 26, 2009, on seagoing ship registration, purchase and sale, as follows:

- Appendix I: Form of the ship registration declaration.

- Appendix II: Form of the Vietnamese ship registration certificate.

- Appendix III; Form of the Vietnamese ship definite registration certificate.

- Appendix IV: Form of the application for change registration.

- Appendix V: Form of the Vietnamese ship provisional registration certificate.

- Appendix VI: Form of the under-construction ship registration certificate.

- Appendix VII: Form of the Vietnamese ship deregistration declaration.

- Appendix VIII: Form of the Vietnamese ship deregistration certificate.

- Appendix IX: Form of the, permit to provisionally sail under the Vietnamese flag.

b/ To cancel 12 appendices to Decree No. 29/2009/ND-CP of March 26, 2009, on seagoing ship registration, purchase and sale.

Article 2. Organization of implementation

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

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and related agencies, organizations and individuals shall implement this Decree-

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