THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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No. 40/2005/QH11

Hanoi, June 14, 2005

THE VIETNAM MARITIME CODE

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
This Code provides for maritime shipping activities,
Chapter I

GENERAL PROVISIONS

Article 1. – Scope of regulation
1. This Code provides for maritime shipping activities, covering seagoing vessels, crew, seaports, marine navigable channels, ocean shipping, marine navigation safety, marine navigation security, prevention of environmental pollution and other activities related to the use of seagoing vessels for economic, cultural, social, sport, public service and scientific research purposes.
Military vessels, public-duty vessels, fishing vessels, inland waterway crafts, hydroplanes, military ports, fishing ports and inland waterway ports and wharves shall be governed by this Code only in cases where there are relevant specific provisions of this Code.
2. Where the provisions of the Vietnam Maritime Code are different from those of other laws on the same issue relating to maritime shipping activities, the provisions of this Code shall apply.
Article 2. – Subjects of application
1. This Code shall apply to Vietnamese organizations and individuals and foreign organizations and individuals involved in maritime shipping activities in Vietnam.
2. In cases where international agreements to which the Socialist Republic of Vietnam is a contracting party contain provisions different from those of this Code, the provisions of such international agreements shall apply.
Article 3. – Principle of application of laws in case of conflict of laws
1. Legal relations relating to ownership of property on board seagoing vessels, charterparties, crew employment contracts, contracts of carriage of passengers and luggage, the division of salvage remuneration between the owner and crew of the salving ship, the recovery of property sunk on the high seas or incidents occurring on board seagoing vessels on the high seas, shall be governed by the laws of the flag states.
2. Legal relations relating to general average shall be governed by the law in force in the country of the place where the seagoing vessel calls at immediately after such general average occurs.
3. Legal relations relating to collision, salvage remuneration, or the recovery of property sunk in the internal waters or territorial sea of a country shall be governed by the law of such country.
Legal relations relating to collisions or salvage operations performed on the high seas shall be governed by the law of the country whose arbitration or court is the first to deal with the dispute.
Collisions occurring on the high seas or the internal waters or territorial sea of another country between seagoing vessels of the same nationality shall be governed by the law of the flag state.
4. Legal relations relating to contracts of carriage of cargo shall be governed by the law of the country where the cargo is delivered as contracted.
Article 4. – Right to reach agreement in contracts
1. Parties to contracts relating to maritime shipping may reach separate agreements, which are not restricted by this Code.
2. Parties to contracts relating to maritime shipping at least one of which is a foreign organization or individual may agree to apply foreign laws or international maritime customs to their contractual relations and the choice of an arbitration or a court in either of their countries or in a third country for settlement of their disputes.
3. If its is provided for in this Code or agreed upon by the parties in their contracts, foreign laws may be applied in Vietnam to contractual relations relating to maritime shipping, provided that such laws do not contravene the fundamental principles of Vietnamese law.
Article 5. – Principles of maritime shipping
Maritime shipping must comply with the provisions of this Code, other provisions of Vietnamese law, and treaties to which the Socialist Republic of Vietnam is a contracting party.
Maritime shipping must ensure marine navigation safety, defense and security; protect the interests, sovereignty, sovereign rights and jurisdiction of the Socialist Republic of Vietnam.
Maritime shipping must comply with the national socio-economic development strategy as well as strategies, plannings and plans for transport for transport development.
Maritime shipping must ensure economic efficiency combined with protection, improvement and development of the environment and natural landscapes in a sustainable manner.
Article 6. – Maritime development policies
The State prioritizes investment in developing seaport infrastructure facilities in service of national or inter-regional socio-economic development; increasing the shipping capacity of Vietnamese fleets, transferring and applying maritime scientific and technological advances.
The State adopts policies to encourage all Vietnamese and foreign organizations and individuals to develop Vietnamese fleets, seaport infrastructure facilities and carry out other maritime shipping activities in Vietnam.
Article 7. – The right to domestic carriage
1. Vietnamese seagoing vessels shall enjoy priority to conduct domestic carriage of cargoes, passengers and luggage.
2. When Vietnamese seagoing vessels are incapable of domestic carriage, foreign seagoing vessels may participate in domestic carriage in the following cases:
a. Carrying extra-long and extra-heavy cargoes or other kinds of cargoes by seagoing vessels exclusively used for this purpose;
b. Preventing, controlling, remedying the consequences of, natural disasters, epidemics or rendering emergency relief;
c. Transporting passengers and luggage from tourist passenger vessels to the land and vice versa
3. The Transport Minister shall decide on the cases specified at Points a and b, Clause 2 of this Article.
Directors of port authorities shall decide on the cases specified at Point c, Clause 2 of this Article.
Article 8. – Responsibilities of state management of maritime shipping
1. The Government performs uniform state management of maritime shipping.
2. The Transport Ministry is responsible to the Government for performing the state management of maritime shipping.
3. Ministries and ministerial – level agencies shall, within the scope of their respective tasks and powers, have to coordinate with the Transport Ministry in performing the state management of maritime shipping.
4. People’s Committees at all levels shall, within the scope of their tasks and powers, have to perform the state management of maritime shipping in localities.
Article 9. – Maritime inspectorate
1. The maritime inspectorate is attached to the Transport Ministry’s Inspectorate and performs the specialized maritime inspection functions.
2. The organization, functions, tasks and powers of the Maritime Inspectorate shall comply with the provisions of this Code and the provisions of law on inspection.
Article 10. – Prohibited acts in maritime shipping
1. Causing harms or threatening to cause harms to the sovereignty and security of the Socialist Republic of Vietnam.
2. Carrying persons, cargoes, luggage, weapons, radioactive matters, hazardous wastes and narcotic drugs in contravention of the provisions of law.
3. Intentionally creating obstructions, causing danger to or obstructing navigation.
4. Using, operating seagoing vessels without registration, registry or with expired registration, registry or with forged registration, registry.
5. Refusing to participate in search and rescue at sea even though practical conditions permit.
6. Causing environmental pollution
7. Infringing upon the file, health, honor and dignity of persons on board seagoing vessels; appropriating, intentionally damaging or destroying property on board seagoing vessels; fleeing after causing maritime accidents.
8. Disturbing public order, obstructing or resisting persons on public duty on board seagoing vessels and at seaports.
9. Abusing one’s position and powers to act against regulations on maritime shipping management; tolerating, covering persons committing violations of maritime law.
10. Other prohibited acts in maritime shipping as provided for by law.
Chapter II

SEAGOING VESSELS

Section 1. GENERAL PROVISIONS
Article 11. – Seagoing vessels
Seagoing vessels are vessels or other moving floating structures exclusively used for navigation on the sea.
Seagoing vessels provided for in this Code do not include military vessels, public duty vessels and fishing vessels.
Article 12. – Vietnamese seagoing vessels
1. Vietnamese seagoing vessels are vessels which have been entered into the Vietnam National Register of Ships or have been granted provisional permits for flying the Vietnamese flag by foreign based Vietnamese diplomatic missions or consulates.
2. Vietnamese seagoing vessels are entitled and obliged to fly the Vietnamese flag.
3. Only Vietnamese seagoing vessels may fly the Vietnamese flag.
Article 13. – Shipowners
1. Shipowners are owners of seagoing vessels.
2. State enterprises that are assigned by the State to manage and operate seagoing vessels shall also be entitled to the application of the provisions of this Code and other relevant provisions of law regarding shipowners.
Section 2. REGISTRATION OF SEAGOING VESSELS
Article 14. – Principles for registration of seagoing vessels
1. The registration of Vietnamese seagoing vessels shall abide by the following principles:
a. Seagoing vessels owned by Vietnamese organizations or individuals shall be entitled to registration in the Vietnam National Register of Ships, including registration of flying the Vietnamese flag and registration of ownership thereof.
Seagoing vessels owned by foreign organizations or individuals and satisfying all conditions stated in Article 16 of this Code may be entered into the Vietnam National Register of Ships. Registration of a Vietnamese seagoing vessel includes registration of flying the Vietnamese flag and registration of ownership thereof or only registration of flying the Vietnamese flag.
Foreign seagoing vessels chartered by Vietnamese organizations or individuals in the form of bareboat charter or hire-purchase charter may be registered to fly the Vietnamese flag.
b. Seagoing vessels which have been registered abroad must not be registered to fly the Vietnamese flag, unless their old registration has been suspended or deleted.
c. The registration of Vietnamese seagoing vessels is effected by the Vietnam Registry of Shipping in public manner and subject to the payment of a fee; organizations and individuals may request the grant of certified extracts from or copies of entries in the Vietnam National Register of Ships, for which they have to pay a fee.
2. Seagoing vessels owned by Vietnamese organizations or individuals may be registered to fly a foreign flag.
Article 15. – Kinds of seagoing vessels subject to registration
1. The following kinds of seagoing vessels must be registered in the Vietnam National Register of Ships:
a. Self – propelled seagoing vessels with main engine capacity of 75kW or more;
b. Non-self-propelled seagoing vessels, with total capacity of 50GT or more, or a tonnage of 100 tons or more, or a designed load waterline length of 20 meters or more;
c. Seagoing vessels smaller than those specified at Points a and b of this Clause but operating on foreign routes.
2. The registration of seagoing vessels other than those specified in Clause 1 of this Article shall be stipulated by the Government.
Article 16. – Conditions for registration of Vietnamese seagoing vessels
1. To be entered into the Vietnam National Register of Ships, seagoing vessels must satisfy the following conditions:
a. Having lawful paper evidencing ownership of seagoing vessels;
b. Having certificates of tonnage, certificates of class of seagoing vessels;
c. Having proper names approved by the Vietnam Registry of Shipping;
d. Having certificates of suspension or deletion of registration, for seagoing vessels registered abroad;
e. Shipowners having head offices, branches or representative offices in Vietnam
f. Used foreign seagoing vessels applying for first-time registration or re-registration in Vietnam must have their age suitable to each type of seagoing vessels as stipulated by the Government;
g. Having paid a charge or fee as provided for by law.
2. Foreign seagoing vessels chartered by Vietnamese organizations or individuals in the form of bareboat charter or hire purchase, when applying for registration to fly the Vietnamese flag, must, apart from meeting the conditions specified at Points a, b, c, d, f and g, Clause 1 of this Article, have bareboat charters or hire-purchase contracts.
Article 17. – Responsibilities of shipowners for registering seagoing vessels in Vietnam
1. Shipowners shall have to fully supply papers and fully and accurately declare the contents relating to seagoing vessel registration specified in Articles 16 and 19 of this Code to the Vietnam Registry of Shipping.
2. In case of seagoing vessels newly built, purchased by, presented to or inherited by Vietnamese organizations or individuals, shipwoners shall have to register them within sixty days after receiving the vessels in Vietnam or, for seagoing vessels received abroad, after taking them to the first Vietnamese seaport.
3. Shipowners shall have to pay a seagoing vessel registration fee according to the provisiosn of law.
4. After completing the registration, shipowners shall be granted certificates of registration of Vietnamese seagoing vessels, which shall constitute proof of the seagoing vessels’ flying the Vietnamese flag and ownership status.
5. Any changes of ships relating to the contents entered into the Vietnam National Register of Ships must be informed by their owners in an accurate, full and timely manner to the Vietnam Registry of Shipping.
6. The provisions of this Article shall apply to Vietnamese organizations and individuals that bareboat charter or hire-purchase a vessel.
Article 18. – Registration of seagoing vessels in course of building
1. Owners of seagoing vessels in course of building may have such vessels entered into the Vietnam National Register of Ships and receive certificates of registration of seagoing vessels in course of building. These certificates shall not be valid for substituting certificates of registration of Vietnamese seagoing vessels.
2. To be entered into the Vietnam National Register of Ships, seagoing vessels in course of building must fully satisfy the following conditions:
a. Having shipbuilding contracts or contracts of purchase and sale of seagoing vessels in course of building;
b. Having proper names approved by the Vietnam Registry of Shipping;
c. Having keel-setting.
Article 19. – Basic data of the Vietnam National Register of Ships
1. The Vietnam National Register of Ships contains the following basic data:
a. The old name and new name of the vessel; the name and address of the head office of the shipowner; the name and address of the foreign shipowner’s branch or representative office in Vietnam; the name and address of the head office of the bareboat charterer or hire-purchaser applying for registration; the name of the ship operator, if any; the kind and use purpose of the vessel;
b. The port of registration;
c. The registration serial number;
d. The time of registration;
e. The year and place of building;
f. The principle technical parameters of the vessel;
g. The ownership status of the vessel and any related changes;
h. The time of and the ground for vessel’s registration suspension or deletion.
2. Every change in the registration date stipulated in Clause 1 of this Article must be entered into the Vietnam National Register of Ships.
Article 20. – Deletion of registration of Vietnamese seagoing vessels
1. Vietnamese seagoing vessels shall have their registration deleted from the Vietnam National Register of Ships in the following cases:
a. Having been destroyed or sunk irrecoverably;
b. Having been missing;
c. Having no longer met all conditions for flying the Vietnamese flag;
d. Having lost the characteristics of a seagoing vessel;
e. At the request of their owners or registrants.
2. In cases specified at Points d and e, Clause 1 of this Article, when a seagoing vessel has been mortgaged, the deletion of registration of the Vietnamese seagoing vessel may be effected only with the consent of the mortgage of such vessel.
3. Upon deletion of registration of a seagoing vessel or a seagoing vessel in course of building from the Vietnam National Register of Ships, the Vietnam Registry of Shipping shall withdraw the certificates of registration of Vietnamese seagoing vessels or seagoing vessels in course of building and grant certificates of deletion of registration.
Article 21. – Detailed provisions on registration of seagoing vessels
The Government shall provide in detail for the organization and operation of the Vietnam Registry of Shipping; order and procedures for registration of seagoing vessels in Vietnam; cases of seagoing vessels owned by Vietnamese organizations or individuals entitled to registration to fly foreign flags; and cases of seagoing vessels owned by foreign organizations or individuals entitled to registration to fly the Vietnamese flag.
Article 22. – Registration of public-duty vessels
Public-duty vessels are seagoing vessels exclusively used for the performance of public duties for non-commercial purposes.
The provisions of this Section shall apply to the registration of public-duty vessels.
Section 3. REGISTRY OF VIETNAMESE SEAGOING VESSELS
Article 23.- Registry of Vietnamese seagoing vessels
1. Vietnamese seagoing vessels must be inspected, classified and granted technical certificates of marine navigation safety, marine navigation security and prevention of environmental pollution by Vietnam Register or foreign registries authorized by the Transport Minister according to the provisions of Vietnamese law and treaties which the Socialist Republic of Vietnam is a contracting party.
2. The Transport Minister shall promulgate marine navigation safety, marine navigation security and environmental pollution prevention standards applicable to seagoing vessels and provide for and organize the registry of seagoing vessels in Vietnam.
Article 24. – Technical inspection and supervision of Vietnamese seagoing vessels
1. Seagoing vessels which are newly built, transformed, reconstructed or repaired must be subject to inspection and supervision by registry organizations with respect to their quality, technical safety, compliance with the approved design dossiers before they are granted relevant certificates.
2. Seagoing vessels in the course of operation shall be subject to periodical inspection by registry organizations with respect to their quality and technical safety.
Article 25. – Registry of public-duty vessels
The provisions of this Section shall apply to the registry of public-duty vessels
Section 4. CERTIFICATES AND DOCUMENTS OF SEAGOING VESSELS
Article 26.-Certificates and documents of seagoing vessels
1. Seagoing vessels must have seagoing-vessel registration certificates, certificates of marine navigation safety, marine navigation security and prevention of environmental pollution according to the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
The Transport Minister shall provide in detail for certificates and documents of Vietnamese seagoing vessels.
2. Certificates of marine navigation safety, marine navigation security and prevention of environmental pollution must show the period of their validity. This period may be extended for ninety days at most if the seagoing vessels are actually unable to call for inspection at the designated place and their practical technical conditions still ensure marine navigation safety, marine navigation security and prevention of environmental pollution. This extended duration shall expire immediately upon the seagoing vessel’s arrival at the designated port for inspection.
3. Certificates of marine navigation safety, marine navigation security and prevention of environmental pollution shall become invalid if the seagoing vessels see alterations that seriously affect their capability of ensuring marine navigation safety, marine navigation security and prevention of environmental pollution.
4. Where they have grounds to believe that seagoing vessels fail to ensure marine navigation safety, marine navigation security and prevention of environmental pollution, the maritime inspectorate and port authorities shall be entitled to suspend the operation of such seagoing vessels, conduct by themselves or request Vietnamese registry organizations to conduct technical inspection of such seagoing vessels, despite that the seagoing vessels have all certificates of marine navigation safety, marine navigation security and prevention of environmental pollution.
Article 27.-Seagoing-vessel tonnage certificates
1. Vietnamese seagoing vessels and foreign seagoing vessels, when operating in Vietnamese seaport waters or seas, must have seagoing-vessel tonnage certificates granted by Vietnamese registry organizations or competent foreign seagoing vessel tonnage measurement organizations. Seagoing-vessel tonnage certificates must comply with the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. In case of doubting the authenticity of seagoing-vessel tonnage certificates specified in Clause 1 of this Article, competent Vietnamese state agencies may decide on their own initiative or at the request of concerned organizations or individuals to re-inspect the capacity of seagoing vessels. In case the inspection results are incompatible with the seagoing vessel’s capacity certificates, the shipowner must incur expenses related to the re-inspection. In case the inspection results are compatible with the seagoing vessel’s capacity certificates, the competent state agencies which have decided on their own initiative on the inspection or the organizations or individuals that have requested the inspection must incur expenses related to the re-inspection.
Section 5. MARINE NAVIGATION SAFETY, MARINE NAVIGATION SECURITY AND PREVENTION OF ENVIRONMENTAL POLLUTION
Article 28.- Assurance of marine navigation safety, marine navigation security and prevention of environmental pollution
1. Vietnamese seagoing vessels shall only be employed for the purposes declared in the Vietnam National Register of Ships when their construction, standing appliances and equipment, certificates and documents, complement and professional competence of crew comply with the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party regarding marine navigation safety, marine navigation security and prevention of environmental pollution.
2. Seagoing vessels, when operating in Vietnamese seaport waters and seas, must observe the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party regarding marine navigation safety, marine navigation security and prevention of environmental pollution.
3. Seagoing vessels, military vessels, public duty vessels, fishing vessels, inland waterway crafts and hydroplanes, when operating in Vietnamese seaport waters and seas, must follow the instructions of marine signals and observe the rules for the prevention of collisions and regulations of the Transport Minister.
Marine signals include signals noticeable in the form of image, light, sound and radio signals established to guide the navigation of seagoing vessels.
4. In marine navigational channels, at necessary positions near the coast, on islands, in water areas where exist obstructions and other structures at sea and in seaport waters where seagoing vessels are permitted to operate, marine signals must be installed according to regulations of the Transport Minister.
Marine navigational channels are water areas delimited by the system of marine signals and other aids to ensure safety for the operation of seagoing vessels and other waterway crafts. Marine navigational channels include seaport channels and other marine navigational channels.
5. When operating in Vietnamese seaport waters and seas, seagoing vessels exclusively employed for carrying oil, oil products and other dangerous cargoes must be covered by insurance policies for civil liability of their owners for environmental pollution.
6. Foreign seagoing vessels operated by nuclear power and vessels carrying radioactive substances shall not be permitted to enter into Vietnamese seaport waters, internal waters or territorial sea unless approval is granted by the Prime Minister.
Article 29.-Inspection and supervision of marine navigation safety, marine navigation security and prevention of environmental pollution
1. Seagoing vessels, when operating in Vietnamese seaport waters, internal waters and territorial sea, shall be subject to inspection and supervision by the maritime inspectorate and port authorities of marine navigation safety, marine navigation security and prevention of environmental pollution according to the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. The inspection and supervision stated in Clause 1 of this Article must be conducted in accordance with law and not affect seagoing vessel’s marine navigation safety, marine navigation security and environmental pollution prevention capability.
3. Shipowners and masters shall have to create conditions for competent state agencies specified in Clause 1 of this Article to conduct inspection and supervision of their seagoing vessels.
4. Shipowners and masters shall have to repair and remedy their seagoing vessels’ defects related to marine navigation safety, marine navigation security and prevention of environmental pollution at the request of the maritime inspectorate and port authorities.
Article 30 . – Marine search and rescue
1. When being in danger and in need of help, seagoing vessels, military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes must emit SOS signals according to regulations.
2. When detecting or receiving SOS signals from person or other vessels in distress at sea, in seaport waters, seagoing vessels, military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes must, if practical conditions permit and no serious dangers will be caused to the vessels and persons on board, help the persons in distress by all means, even if they have to deviate from the set course and promptly notify relevant organizations and individuals thereof.
3. The marine search and rescue-coordinating agency must be ready to organize and coordinate activities of searching and rescuing in time the persons in distress in search and rescue areas under their management and have the right to mobilize persons and means for the search and rescue.
4. The Transport Minister shall specify the organization and operation of the marine search and rescue-coordinating agency.
Article 31.- Investigation of marine accidents
1. Marine accidents mean accidents caused by collisions or other incidents involving seagoing vessels, resulting in loss of life, missing persons, personal injuries, damage to cargoes, luggage and property on board the seagoing vessels, to seaports and other structures and equipment, damage to the vessels; in sinking, destruction, fire, running aground of the vessels; or in environmental pollution.
2. Directors of port authorities shall organize investigations of marine accidents; if detecting any criminal signs in the course of investigation, they shall transfer the dossiers to competent investigation agencies.
3. The Transport Minister shall provide in detail for the reporting and investigation of marine accidents.
Section 6. TRANSFER OF OWNERSHIP AND MORTGAGE OF SEAGOING VESSELS
Article 32.- Transfer of ownership of seagoing vessels
1. The transfer of ownership of seagoing vessels must be established in writing according to the provisions of Vietnamese law or the law of the country where the transfer is effected.
2. The transfer of ownership of Vietnamese seagoing vessels shall be effective after it is entered into the Vietnam National Register of Ships.
3. After the completion of procedures for transfer of ownership, the whole seagoing vessel and its appurtenances shall come under the ownership of the transferee, unless otherwise agreed upon by the involved parties.
Appurtenances of a seagoing vessel include objects, facilities and equipment on board the vessel which do not constitute component parts of the vessel.
4. Regulations on transfer of ownership of seagoing vessels shall apply to the transfer of ownership of shares of seagoing vessels.
5. The Government shall provide for the conditions, order and procedures for transfer of ownership of seagoing vessels in the form of purchase and sale.
Article 33. – Mortgage of Vietnamese seagoing vessels
1. The mortgage of a seagoing vessel means an act whereby the shipowner secures with his/her seagoing vessel the performance of his/her obligation to the obligee but is not require to hand over the vessel to the mortgagee for custody.
2. Shipowners have the right to mortgage Vietnamese seagoing vessels under their ownership to mortagagees according to the provisions of this Code and other relevant provisions of law.
3. Contracts for mortgage of Vietnamese seagoing vessels must be made in writing. The mortgage of Vietnamese seagoing vessels shall comply with the provisions of Vietnamese law.
4. The provisions on mortgage of seagoing vessels shall also apply to the mortgage of seagoing vessels in course of building.
Article 34.- Principles of mortgage of Vietnamese seagoing vessels
1. Mortgaged seagoing vessels must not change hands, unless it is consented by the morgagees.
2. Mortgaged seagoing vessels must be covered with insurance by their owners, unless otherwise agreed upon in mortgage contracts.
3. Where the morgagee has transferred the whole or part of his/her right to the debt secured with the mortgaged seagoing vessel to another person, the mortgage of such seagoing vessel shall be also transferred in the same way.
4. A seagoing vessel may be used to secure several obligations, provided that its value is bigger than the aggregate value of the secured obligations, unless otherwise agreed upon.
The priority order of mortgages is determined on the basis of the corresponding order of registered mortgages in the Vietnam National Register of Ships.
5. The mortgage of a seagoing vessel owned by two or more owners must be consented by all the owners, unless otherwise agreed upon.
6. Where a seagoing vessel suffers from total loss, the mortgage shall terminate; the mortgagee shall be prioritized to receive the indemnity paid by the insurer for the total loss of the seagoing vessel.
7. Mortgagees shall only keep copies of seagoing-vessel registration certificates of mortgaged seagoing vessels.
Article 35.- Registration of mortgages of Vietnamese seagoing vessels
1. Registration of mortgage of a Vietnamese seagoing vessel has the following details:
a. The names and addresses of the head offices of the mortgagee and the shipowner;
b. The name and nationality of the mortgaged seagoing vessel;
c. The amount secured by the mortgage, interest rate and maturity.
2. The mortgage of a seagoing vessel shall become effective from the time it is entered into the Vietnam National Register of Ships.
3. Information on the registration of mortgages of Vietnamese seagoing vessels shall be supplied upon request.
4. Registrants of mortgages of seagoing vessels and users of information on mortgages of seagoing vessels shall have to pay fees.
Section 7. MARITIME LIENS
Article 36.- Maritime liens
1. Maritime lien is the right of a person who lodges a maritime claim specified in Article 37 of this Law to priority in claiming compensation from the owner, charterer or operator of a seagoing vessel which has given rise to the maritime claim.
Maritime claim is an act whereby a party requests the other party to perform the obligation arising in relation to maritime shipping.
2. Maritime claims that give rise to maritime liens specified in Article 37 of this Code take priority over maritime claims secured by the mortgage of seagoing vessels and other security transactions.
3. Maritime liens shall be exercised through competent courts in the form of decisions to arrest seagoing vessels which are related to maritime claims that have given rise to maritime liens.
4. Persons who lodge maritime claims shall have maritime liens over seagoing vessels to secure the maritime claims specified in Article 37 of this Code, even though the seagoing vessels concerned have been mortgaged or their owners have conducted other security transactions to secure other obligations under contracts.
5. Maritime liens on seagoing vessels shall not be affected by a change of owners, charterers or operators, whether or not the purchasers of the seagoing vessels know that the vessels have been related to maritime claims that give rise to maritime liens.
Article 37.-Maritime claims giving rise to maritime liens
1. Maritime claims for wages, repatriation costs, social insurance contributions, and other amounts due to shipmasters, officers and other members of shipcrews.
2. Maritime claims for indemnity for loss of life, personal injuries, other health damage directly related to seagoing vessel’s operation;
3. Maritime claims for tonnage dues, maritime safety assurance dues, pilotage, wharfage, and other seaport dues and charges;
4. Maritime claims for salvage remuneration;
5. Maritime claims based on tort arising out of property loss and damage directly caused by the operation of seagoing vessels.
Article 38.- Priority order of settlement of maritime claims giving rise to maritime liens
1. Maritime claims giving rise to maritime liens shall be prioritized for settlement in the order of claims listed in Article 37 of this Code; where a maritime claim for remuneration for the salvage of a seagoing vessel arises after maritime claims giving rise to other maritime liens, such claim shall take priority over other maritime claims.
2. Maritime claims that give rise to maritime liens in the same clause of Article 37 of this Code shall rank pari passu as between themselves; where the sum of money is insufficient to cover the value of each maritime claim, it shall be divided in proportion to the value of each maritime claim.
3. Maritime claims arising from one event shall be deemed to have arisen at the same time.
4. Maritime claims that give rise to maritime liens on a seagoing vessel on the last voyage shall take priority over those on previous voyages.
5. Maritime claims arising from one labor contract relating to many voyages shall be settled at the same time with those relating to the last voyage.
6. In case of maritime claims for salvage remuneration specified in Clause 4, Article 37 of this Code, the maritime claim arising later shall be settled before other maritime claims.
Article 39.- Statute of limitations of maritime liens
The statute of limitations of a maritime lien is one year, counting from the date of arising of the maritime lien.
The statute of limitations of a maritime lien defined in Clause 1 of this Article is counted as follows:
From the date of termination of the salvage operation, in case of settlement of salvage remuneration;
From the date of arising of loss, in case of settlement of loss and damage caused by the operation of the seagoing vessel;
From the date payment is due, in case of settlement of other maritime claims.
A maritime lien shall terminate as from the time the owner, charterer or operator of the vessel has fully paid debts arising from the related maritime claims; the maritime lien remains effective if the payment money is still kept by the master or the person who is authorized to pay on behalf of the owner, charterer or operator of the vessel the debts related to the maritime claim concerned.
In cases where a court cannot exercise the right to arrest the seagoing vessel within the Vietnamese internal waters or territorial sea in order to protect the interests of the maritime claimant who permanently resides or has his/her head office in Vietnam, the statute of limitations specified in Clause 1 of this Article shall terminate thirty days after the vessel arrives at the first Vietnamese port but shall not exceed two years, counting from the date of arising of the maritime lien.
Section 8. ARREST OF SEAGOING VESSELS
Article 40.-Arrest of seagoing vessels
1. The arrest of a seagoing vessel is an act of banning or restricting the movement of a seagoing vessel by decisions of a court to secure the settlement of maritime claims specified in Article 41 of this Code, but excluding the seizure of the seagoing vessel in execution of a court judgment or decision or an enforcement decision of a competent state agency.
2. The procedures for arrest of seagoing vessels shall comply with regulations of the National Assembly Standing Committee.
Article 41.- Maritime claims giving rise to the right to arrest seagoing vessels
Maritime claims giving rise to the right to arrest seagoing vessels are claims in the following cases:
1. Cases specified in Article 37 of this Code;
2. Damage caused by or threatened to be caused by a seagoing vessel to the environment, coast or related interests; measures taken to avert, limit or remedy such damage; money indemnity for such damage; expenses for reasonable measures actually taken or to be taken to rehabilitate the environment; loss already inflicted or to be inflicted on a third party affected by such damage; damage, expenses or loss similar to those specified in this Clause;
3. Expenses incurred in the raising, movement, recovery, destruction or rendering harmless of a seagoing vessel which is sunk, wrecked, stranded or abandoned, including any appurtenance that is or has been on board the vessel, expenses or costs related to the abandoned seagoing vessel and expenses for its crew.
4. Agreement relating to the use or charter of a seagoing vessel, whether by charterparty or otherwise;
5. Agreement relating to the carriage of cargo or passengers on board a seagoing vessel, whether by charterparty or otherwise;
6. Loss of or damage to cargo, including luggage carried on board a seagoing vessel;
7. General average;
8. Towage;
9. Pilotage;
10. Goods, materials, food, fuel, equipment (including containers) supplied or services provided to a seagoing vessel for its operation, management, preservation and maintenance;
11. Building, transformation, reconstruction, repair or equipment of a seagoing vessel;
12. Payments made on behalf of the shipowner;
13. Insurance premiums paid by the shipowner or a person on behalf of the shipowner or bareboat charterer;
14. Commision, brokerage or agent’s expenses relating to a seagoing vessel which must be paid by its owner, bareboat charterer or an authorized person;
15. Disputes over ownership of a seagoing vessel;
16. Disputes between co-owners of a seagoing vessel over the use of the seagoing vessel or earnings of the vessel;
17. Mortgages of a seagoing vessel;
18. Disputes arising from contracts for purchase and sale of seagoing vessels.
Article 42.- Exercise of the right to arrest seagoing vessels
1. After receiving the request for arrest of a seagoing vessel made by a person who files a maritime claim specified in Article 41 of this Code, a competent court shall consider and decide on the arrest of the seagoing vessel in the following cases:
a. The shipowner is the person responsible for the maritime claim at the time of arising of the maritime claim and still owns the vessel at the time of its arrest;
b. The bareboat charterer is the person responsible for the maritime claim at the time of arising of the maritime claim and still the bareboat charterer or the owner of the vessel at the time of its arrest;
c. This maritime claim is based on the mortgage of the seagoing vessel concerned;
d. This maritime claim is related to the right to ownership or possession of the seagoing vessel concerned;
e. This maritime claim is secured by a maritime lien relating to the seagoing vessel concerned.
2. The arrest shall be also effected of another or many other seagoing vessels owned by the person who is held responsible for the maritime claim and, at the time of arising of the maritime claim, is also:
a. The owner of the seagoing vessel related to the arising maritime claim;
b. The bareboat charterer, time charterer or voyage charterer of the seagoing vessel related to the arising maritime claim.
3. The provisions of Clause 2 of this Article shall not apply to maritime claims relating to the right to ownership of seagoing vessels.
Article 43.-Financial assurances for requests for arrest of seagoing vessels
1. In order to effect the arrest of a seagoing vessel, the requester for such arrest must provide financial assurances in the form and value set by the court corresponding to the damage that might occur from the request.
2. The requester for arrest of a seagoing vessel shall be responsible for any loss or damage caused by the wrong request.
Article 44.-Release of arrested seagoing vessels
1. Immediately after the shipwoner, charterer or operator of a seagoing vessel has taken substitute security measures of fully paid the deblt, the arrested seagoing vessel must be released.
2. Failing an agreement between the involved parties on the level and form of substitute security, the court shall decide on the level and form of substitute security which, however, must not exceed the value of the arrested seagoing vessel. The requester for the arrest of a seagoing vessel must not perform any action that infringes upon the property or other interests of the shipowner, charterer or operator.
3. The arrested seagoing vessel may be released at the request of the requester for the arrest; in this case, all related expenses shall be incurred by the requester.
Chapter III

SHIPCREW

Article 45.- Shipcrew
Shipcrew consists of crewmen within the complement of a seagoing vessel, including the master, officers and those who hold other job titles arranged to work on board the vessel.
Article 46.- Crewmen working on board seagoing vessels
1. Crewmen are those who meet all conditions and criteria for holding job titles on board a Vietnamese seagoing vessel.
2. Crewmen working on board a Vietnamese seagoing vessel must fully meet the following conditions:
a. Being Vietnamese citizens or foreign citizens permitted to work on board a Vietnamese seagoing vessel;
b. Meeting all criteria of health, working age, professional competence and having all professional certificates as provided for;
c. Being arranged to hold job titles on board a seagoing vessel;
d. Having crewman’s books;
e. Having crewman’s passports for exit or entry, if such crewmen are arranged to work on board a seagoing vessel operating on an international route.
3. Vietnamese citizens who meet all conditions as required may work on a foreign seagoing vessel.
4. The Transport Minister shall specify job titles of crewmen and tasks of each job titles; the minimum safe complement; professional criteria and professional certificates of crewmen; registration of crewmen; crewman’s passports and books; conditions for crewmen who are Vietnamese citizens to work on board foreign seagoing vessels and conditions for crewmen who are foreign citizens to work on board Vietnamese seagoing vessels.
5. The Health Minister shall coordinate with the Transport Minister in specifying health criteria for crewmen working on board Vietnamese seagoing vessels.
Article 47.-Obligations of crewmen
1. Crewmen working on board a Vietnamese seagoing vessel shall have the following obligations:
a. To strictly abide by Vietnamese laws, treaties to which the Socialist Republic of Vietnam is a contracting party, and the law of the country where the Vietnamese seagoing vessel operates;
b. To perform with due diligence the tasks according to their assigned job titles and take responsibility to the master for these tasks;
c. To promptly, strictly and accurately execute the orders of the master;
d. To prevent accidents and incidents occurring to the seagoing vessel, cargo, persons and luggage on board. When detecting dangerous circumstances, to immediately report them to the master or the officer on watch, and, at the same time, take necessary measures to prevent accidents or incidents that may arise from such dangerous circumstances;
e. To manage and use certificates, documents, equipment, tools and other property of the seagoing vessel which they are assigned to manage;
f. To perform other tasks as provided for by law.
2. Vietnamese crewmen working on board a foreign seagoing vessel shall be obliged to perform labor contracts signed with the foreign shipowner or employer.
Article 48.- Working regime and interest of crewmen
1. The working regime and interests of crewmen working on board a Vietnamese seagoing vessel shall comply with the provisions of Vietnamese law.
2. Where the shipowner or master requests crewmen to leave the seagoing vessel, the shipowner shall be responsible for covering all living and traveling costs necessary for crewmen to come to the place indicated in the crew employment contract or to the port where crewmen are employed, unless otherwise agreed in the crew employment contract; where the master requests crewmen to leave the seagoing vessel, the master must report it to the shipowner.
3. When the loss of or damage to lawful own property of crewmen is caused by an accident occurring to the seagoing vessel, the shipowner must pay compensation for such property at the market price at the time when and at the place where the accident is dealt with. If the accident is caused by the fault of a crewmen, he/she shall not be entitled to claim for such loss or damage.
4. The working regime and interests of Vietnamese crewmen working on board a foreign seagoing vessel and of foreign crewmen working on board a Vietnamese seagoing vessel shall comply with their labor contracts.
Article 49.-Legal status of masters
1. The master shall exercise the highest command on board a seagoing vessel and commands the vessel on the single-leader regime. All persons on board the seagoing vessel must obey the orders of the master.
2. The master shall submit to the direction by the shipowner or charterer or operator of the vessel.
Article 50.- Obligations of masters.
1. To organize management and operation of the seagoing vessel according to the provisions of law.
2. To take due care that the seagoing vessel be seaworthy in every respect, comply with professional standards of seamanship and regulations on equipment, ship hull, adequate provisions, proper manning and other matters relating to marine navigation safety for the vessel and persons on board before the commencement of and during a voyage.
3. To pay due attention that the cargo is loaded arranged and preserved on board and unloaded from the vessel in a reasonable way, despite that these jobs are assigned to responsible persons for performance.
4. To take due care that the cargo on board the seagoing vessel be neither damaged nor lost; take necessary measures to protect the interests of persons with interests in the cargo; make use of all means possible to notify such persons of special events relating to the cargo.
5. To take all necessary measures to protect the seagoing vessel, persons and other property on board.
6. Where the port of delivery of cargo or disembarkment of passengers is blockaded, in danger of war or in another state of emergency, to direct the seagoing vessel to the nearest safe port and take all necessary measures to protect the vessel, persons and property on board and documents of the vessel.
7. Where the seagoing vessel is threatened with sinking or destruction, to make use of all available possibilities to save first passengers and then crewmen.
The master must be the last to leave the seagoing vessel after he/she has made use of all means possible to save the logbooks, charts and other important documents of the vessel.
8. Not to leave the seagoing vessel when it is in peril, except for cases where it is extremely necessary to leave the vessel.
9. To personally operate the seagoing vessel to leave, enter a port, a canal, a marine navigable channel and when it is in seaport waters or upon the occurrence of difficult and dangerous circumstances.
10. To use pilots, tugboats in cases provided for by law or to ensure safety for his/her seagoing vessel.
The employment of a pilot shall not relieve the master of the obligation set out in Clause 9 of this Article.
11. To perform with due diligence the duties of a conscientious master.
12. To organize search and rescue of persons in peril at sea if the performance of this obligation does not cause any serious danger to his/her seagoing vessel and persons on board. The shipowner shall not be held responsible for the master’s failure to perform the obligation set out in this Clause.
13. To perform other obligations as provided for by law.
Article 51.- Rights of masters
1. To represent the shipowner and persons with interests in the cargo in handling matters relating to the navigation of the seagoing vessel and the management of the vessel and cargo on board.
2. To perform in the name of the shipowner and persons with interests in the cargo legal acts within the scope of work set out in Clause 1 of this Article, while away from the port of registration, possibly initiate lawsuits and participate in legal proceedings before court or arbitration, unless the shipowner or persons with interests in the cargo declare limitation of part or the whole of this power.
3. To refuse to let the vessel commence the voyage if he/she deems that the vessel fails to meet all conditions for marine navigation safety, marine navigation security and prevention of environmental pollution.
4. To apply various commendatory forms or disciplinary measures to crewmen under his/her command; to refuse to recruit or force to leave his/her ship crewmen who are not qualified in their job titles or commit law-breaking acts.
5. To borrow on behalf of the shipowner in necessary cases credits or money in cash within the limit sufficient for repair of the seagoing vessel, supplementation of crew, provisions for the vessel or for satisfying other needs so that the voyage can be continued.
6. To sell superfluous appurtenances or surplus reserves of the seagoing vessel within the limit set out in Clause 5 of this Article when it is enexpedient or impossible to wait for funds or instructions from the shipowner.
7. During a voyage, if means necessary for its completion cannot be obtained in any other way, after having by all means sought instructions from the charterer and the shipowner but in vain, to pledge or sell part of the cargo. In this case, the master must minimize the damage to the shipowner, the charterer and persons with interests in the cargo.
8. Where on a seagoing vessel, during a voygage, the reserved food and provisions have run out, to requisite part of the cargo being food and provisions carried on board, and the in the case of utmost necessity, to requisite food and provisions of persons on board. This requisition must be recorded in a minute. The shipowner shall have to compensate for the food and provisions requisited.
9. Where the seagoing vessel is in a peril at sea to request rescue, and after consultation with the vessels which come for assistance, to designate which vessel to render salvage.
Article 52.- Responsibilities of master for civil status on board seagoing vessels
1. For each case of birth or death and other related occurrences on board the seagoing vessel, to make entries in the vessel’s logbook and make a minute thereon in the presence of the vessel’s medical person and two witnesses; to keep in good conditions the body of the deceased, make an inventory list of, and preserve his/her property.
2. To report births or deaths occurring on board the seagoing vessel and send testaments and inventory lists of property of the deceased to the competent civil status agency in the first Vietnamese seaport at which the vessel calls or to the Vietnamese diplomatic mission or consulate in the nearest place if the vessel calls at a foreign seaport.
3. After having tried all means possible to ask for instructions of the shipowner and for opinions of the relatives of the deceased, the master shall, in the name of the shipowner, carry out necessary procedures and bury the deceased. All costs incurred from the burial shall be paid in accordance with the provisions of law.
Artice 53.- Responsibilities of master when criminal acts are committed on board seagoing vessels
1. Upon detecting criminal acts committed on board the seagoing vessel, the master shall have the following responsibilities:
a. To take all necessary measures to stop such acts and draw up files as provided for by law;
b. To protect evidence and, depending on the practical conditions, hand over the offenders together with relevant files to a competent state agency in the first Vietnamese port at which the seagoing vessel calls or to a public-duty vessel of the Vietnamese people’s armed forces encountered on the sea, or to inform such acts to the nearest Vietnamese diplomatic mission or consulate and to follow the instructions given by such agency, if the seagoing vessel calls at a foreign port.
2. In case of necessity to protect the safety and order of the seagoing vessel, person and cargo on board, the master may confine to a separate compartment any person who has committed a criminal act.
Article 54.- Responsibilities of master to notify Vietnamese diplomatic missions or consulates
1. Upon arrival of the seagoing vessel at a foreign port, if necessary, the master must notify the nearest Vietnamese diplomatic mission or consulate of the vessel’s arrival.
2. The master shall have to produce the seagoing vessel’s certificates and documents if it is so requested by such Vietnamese diplomatic mission or consulate.
Article 55.- Responsibilities of masters to report on the occurrence of marine accidents
Immediately after the occurrence or detection of a marine accident or another occurrence relating to marine navigation safety in the area where the seagoing vessel is operating, the master shall have to report it to the nearest competent state agency and make a report thereon according to regulations.
Article 56.- Sea protests
1. Sea protest is a document made by the master, describing the circumstance encountered by the seagoing vessel and measures already taken by the master to overcome such circumstance, limit loss and damage and protect the legitimate rights and interests of the shipowner and related persons.
2. When the seagoing vessel, persons or cargo on board are damaged or lost or suspected to be damaged or lost on account of an accident or incident, the master must make a sea protest and within twenty four hours after the accident occurs or after the vessel’s arrival at the first port after the accident occurs submit the sea protest to a competent state agency specified in Clause 3 of this Article for certification of this submission.
3. State agencies competent to certify the submission of sea protests in Vietnam include port authorities, public notaries or People’s Committees of the nearest place.
The order and procedures for certification of sea protests in Vietnam shall be stipulated by the
Transport Minister.
State agencies competent to certify the submission of sea protest in foreign countries include Vietnamese diplomatic missions and consulates in the nearest place or competent authorities of the countries where the seagoing vessels operate.
Article 57.-Crew employment contracts
1. Crew employment contract is a labor contract concluded in writing between the shipowner or crew employer and a crewman for working on board a seagoing vessel.
2. A crew employment contract contains the following principal details:
a. The name and address of the crew employer;
b. The names or list of employed crewmen;
c. Working conditions on board the seagoing vessel;
d. The period of employment of the crew;
e. Salaries, bonuses, meal allowances and other payments;
f. Insurance;
g. Other entitlements of the crewmen;
h. Responsibilities of the crew employer and the crewmen.
Article 58.-Responsibilities of shipowners for shipcrew
To arrange sufficient crewmen according to the seagoing vessel’s complement and ensure adequate working conditions on board the seagoing vessel for crewmen as provided for in Clause 2, Article 46 of this Code.
To define job titles of crewmen and their responsibilities, except for job titles stipulated by the Transport Minister.
To ensure working and living conditions for crewmen on board the seagoing vessel according to the provisions of law.
To purchase accident and other compulsory insurance for crewmen working on board the seagoing vessel according to the provisions of law.
Chapter IV

SEAPORTS

Article 59.-Seaports
1. Seaport is an area covering port land and port waters where facilities are built and equipment is installed for seagoing vessel’s navigation and operation for loading and unloading cargoes, embarking and disembarking passengers and providing other services.
Port land is a delimited land area for the construction of wharves, warehouses, storage yards, workshops, office buildings, service facilities, road, information and communication, electricity and water systems and other aids and for the installation of equipment.
Port waters is a delimited water area for the establishment of waters in front of wharves, area for vessels’ maneuvers, area for anchorage, area for lighterage, storm-shelter area, area for embarkment and disembarkment of pilots, quarantine area, area for fairways, and other aids.
A seaport may have one or more habors. A harbor may have one or more wharves. A harbor consists of wharves, warehouses, storage yards, workshops, office buildings, service facilities, road, information and communication, electricity and water systems, entrance channels, and other aids. A wharf is a fixed structure in a harbor, used for seagoing vessel’s anchorage, loading and unloading of cargoes, embarkment and disembarkment of passengers, and provision of other services.
2. Seaport facilities consists of harbor facilities and public seaport facilities.
Harbor facilities consist of wharves, waters in front of wharves, warehouses, storage yards, workshops, office buildings, service facilities, road, information and communication, electricity and water systems, sub-channels of the seaport and other aids constructed or installed on the port land and in the waters in front of wharves.
Public seaport facilities consist of seaport channels, the system of navigation aids and other aids.
3. Seaport channel is a delimited water area from the sea to a port marked by a system of navigation aids and other aids to ensure safe navigation of seagoing vessels and other crafts into and out of the seaport.
Sub-channel is a delimited water area from the seaport channel to a harbor marked by a system of navigation aids and other aids to ensure safe navigation of seagoing vessels and other crafts into and out of the harbor.
4. Military ports, fishing ports and inland waterway ports and landing stages situated in the seaport waters shall be subject to the state management of marine navigation safety, marine navigation security and prevention of environmental pollution under the provisions of this Code.
Article 60.- Classification of seaports
Seaports are classified into the following classes:
1. Seaports of class I are extremely important, big seaports in service of national or inter-regional socio-economic development;
2. Seaports of class II are important, medium seaports in service of regional or local socio-economic development;
3. Seaports of class III are small seaports in service of enterprises’ operation.
Article 61.- Functions of seaports
1. To ensure safety for seagoing vessels entering, operating in and leaving the seaports
2. To provide facilities and equipment necessary for seagoing vessels to anchor, load and unload cargoes, embark and disembark passengers.
3. To provide cargo transportation, loading and unloading, warehousing and preservation services in the seaports.
4. To provide shelter, repair, maintenance or necessary services to seagoing vessels and other crafts in emergency cases.
5. To provide other services for seagoing vessels, people and cargoes.
Article 62.-Announcement of closure, opening of seaports and seaport waters
1. The Government shall provide for conditions and procedures for closure or opening of seaports and seaport waters, management of marine navigable channels and maritime shipping activities in seaports.
2. The Transport Minister shall announce the closure or opening of seaports, seaport waters and management areas of seaport authorities after consulting the People’s Committees of the provinces or centrally-run cities where seaports exist.
3. Directors of seaport authorities shall make decisions to temporarily ban vessels and boats from entering or leaving their seaports.
Article 63.- Seaport development plans
1. Seaport development plans must be based on socio-economic strategies; defense and security tasks; plans for development of the transport sector, other sectors and localities, as well as the maritime shipping development trends in the world.
When drawing up plans relating to seaports, sectors and localities must obtain written opinions from the Transport Ministry.
2. The Prime Minister shall approve master plans for development of the system of seaports.
3. The Transport Minister shall approve detailed plans for development of the system of seaports.
Article 64.- Investment in building, management and operation of, seaports and seaport channels
1. Investment in building seaports and seaport fairways must comply with the plans on development of the system of seaports and seaport channels, the provisions of law on investment, on construction, and other relevant provisions of law.
2. Domestic and foreign organizations and individuals may invest in building seaports and seaport channels in accordance with the provisions of law.
Organizations and individuals investing in building seaports and seaport channels shall decide on the forms of management and operation of seaports and seaport channels.
3. The Government shall provide in detail for investment in building, management and operation of, seaports and seaport channels.
Article 65.-Marine navigation safety, marine navigation security and prevention of environmental pollution.
Organizations and individuals operating in seaports must observe the provisions of Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party, concerning marine navigation safety, marine navigation security and prevention of environmental pollution.
Article 66.-Port Authorities
1. Port authorities are agencies performing the state management of maritime shipping in seaports and seaport waters.
2. Directors of port authorities are the highest commanders of port authorities.
3. The Transport Ministry shall provide for the organization and operation of port authorities.
Article 67.-Tasks and powers of directors of port authorities
1. To participate in formulating plans for development of seaports under their management and organize and supervise the implementation thereof after they are approved by competent state agencies.
2. To organize the implementation of regulations on management of maritime shipping activities in seaports and areas under their management; inspect and supervise seaport channels, the system of navigation aids; supervise maritime shipping activities carried out by organizations and individuals in seaports and areas under their management.
3. To grant permits, supervise seagoing vessels leaving, entering and operating in seaports; prohibit seagoing vessels which fail to meet all necessary conditions on marine navigation safety, marine navigation security and prevention of environmental pollution from entering seaports.
4. To execute seagoing vessel arrest decisions issued by competent state agencies.
5. To temporarily detain seagoing vessel under the provisions of Article 68 of this Code.
6. To organize search and rescue of persons in distress in seaport waters; mobilize persons and necessary means for conducting search and rescue or handling environmental pollution incidents.
7. To organize the registration of seagoing vessels, registration of crewmen; collect, manage and use assorted seaport dues according to the provisions of law.
8. To organize maritime inspection, investigate and handle according to their competence maritime accidents occurring in seaports and areas under their management.
9. To assume the prime responsibilities for and administer the coordination of activities of state management agencies in seaports.
10. To sanction administrative violations in the maritime domain according to their competence.
11. To perform other tasks and exercise other powers as provided for by law.
Article 68.-Temporary detention of seagoing vessels
1. The temporary detention of seagoing vessels shall be effected in the following cases:
a. Failure to meet all conditions on marine navigation safety, marine navigation security and prevention of environmental pollution;
b. In the process of investigation of maritime accidents;
c. Failure to fully pay maritime charges and fees;
d. Failure to fully pay fines for administrative violations according to the provisions of law;
e. Other cases as provided for by law.
2. The temporary detention of seagoing vessels shall terminate when the reason therefore set out in Clause 1 of this Article no longer exist.
Article 69.- Coordination of state management activities in seaports
1. State management agencies in charge of maritime shipping, security, quarantine, customs, taxation, culture and information, fire and explosion prevention and fight, environmental protection and other state management agencies shall perform their tasks and exercise their posers in seaports according to the provisions of law. Within the scope of their respective tasks and powers, these agencies shall have to coordinate with, and submit to the administration of the coordination of activities by, the directors of port authorities.
2. State management agencies that carry out regular activities in seaports may establish their working office within seaports. Port enterprises shall have to create favorable conditions for these agencies to perform their tasks and exercise their powers.
Chapter V

CONTRACTS OF CARRIAGE OF CARGO BY SEA

Section 1. GENERAL PROVISIONS
Article 70.-Contracts of carriage of cargo by sea
1. A contract of carriage of cargo by sea is a contract concluded between a carrier and a charterer, whereby the carrier agrees to carry a definite cargo by seagoing vessel from port of loading to port of delivery, in return for a definite freight paid by the charterer.
2. Cargo includes machinery, equipment, materials and raw materials, fuels, consumer goods and other moveable assets, including live animals, containers or similar tools supplied by the consignor for cargo packing, which are carried under contracts of carriage of cargo by sea.
3. Freight means remuneration paid to a carrier under a contract of carriage of cargo by sea.
Article 71.- Types of contracts of carriage of cargo by sea
Contracts of carriage of cargo by sea include:
1. Contracts of carriage according to carriage documents, which are contracts of carriage of cargo by sea concluded on the condition that instead of allowing for the cargo the whole cargo space of a vessel or a definite part thereof, the carrier will perform the carriage on the basis of the cargo’s kind, quantity, measure or weight.
Contracts of carriage according to carriage documents are concluded in a form agreed upon by the involved parties.
2. Contracts of carriage according to voyage, which are contracts of carriage of cargo by sea concluded on the condition that the carrier will allow for the cargo the whole cargo space of the vessel or a definite part thereof, for a voyage.
Contracts of carriage according to voyage must be concluded in writing.
Article 72.- Involved parties to contracts of carriage of cargo by sea
1. Charterer is the party that directly concludes or authorizes another party to conclude a contract of carriage of cargo by sea with a carrier. In case of contracts of carriage according to carriage documents, the charterer is called consignor.
2. Carrier is the party that directly concludes or authorizes another party to conclude a contract of carriage of cargo by sea with a charterer.
3. Actual carrier is the party that is entrusted by a carrier to perform the carriage of cargo by sea in whole or in part.
4. Shipper is the party that directly consigns or is entrusted by another party to consign cargo to a carrier under a contract of carriage of cargo by sea.
5. Consignee is the party that is entitled to receive cargo under the provisions of Article 89 and Article 110 of this Code.
Article 73.- Carriage documents
1. Carriage documents include bills of lading, ocean through bills of lading, sea waybills and other carriage documents.
2. Bill of lading is a carriage document serving as evidence of the receipt by the carrier of the cargo in the quantity, kind and conditions as indicated in the bill of lading for carriage to the place of discharge; as evidence of the ownership of the cargo for the disposal or receipt of the cargo and as evidence of the contract of carriage of cargo by sea.
3. Ocean through bill of lading is a bill of lading expressly indicating that the carriage of the cargo is performed by at least two ocean carriers.
4. Sea waybill is an evidence of the receipt of the cargo as indicated in the sea waybill; an evidence of the contract of carriage of cargo by sea. Sea waybills are non-negotiable.
5. Other carriage documents are documents with their contents and validity agreed upon by the carrier and the charterer.
Section 2. CONTRACTS OF CARRIAGE OF CARGO ACCORDING TO CARRIAGE DOCUMENTS.
Article 74.-Time of arising and termination of liability of carriers
1. The liability of a carrier shall arise from the time the carrier receives the cargo at the port of receipt, continue throughout the process of carriage and terminate upon the completion of delivery of the cargo at the port of delivery.
2. The receipt of the cargo shall be the time the carrier has received the cargo from the shipper, a competent state agency or a third party according to the provisions of law or regulations of the port of receipt.
3. The delivery of the cargo shall terminate in the following cases:
a. The carrier completes the delivery of the cargo to the consignee; where the consignee does not receive the cargo directly from the carrier, the delivery of the cargo shall be effected by the mode requested by the consignee in accordance with the contract, the law of the place of or the custom applied at the port of delivery;
b. The carrier completes the delivery of the cargo to a competent state agency or a third party according to the provisions of law or regulations of the port of delivery.
4. The parties to a contract of carriage may agree to lessen the liability of the carrier in the following cases:
a. In the period of time from the receipt of cargo to before the loading of cargo on board a seagoing vessel and in the period of time from the completion of the unloading of cargo the completion of delivery of cargo;
b. Carriage of live animals;
c. Carriage of cargo on deck.
Article 75.-Obligations of carriers
1. The carrier must exercise due diligence that before and at the commencement of a voyage the seagoing vessel be seaworthy; properly manned, equipped and supplied and that its holds, cool and refrigerating chambers and all other compartments in which the cargo is loaded, be prepared and brought to a proper condition for the receipt, carriage and preservation of the cargo suitable to its nature.
2. The carrier shall be responsible for careful and proper loading and unloading of cargo, and take due care of the cargo in the process of carriage.
3. The carrier must notify, within a reasonable time in advance, the shipper of the place of loading and the time the vessel is in readiness to load and the deadline for supplying the cargo. This notification shall not apply to liners unless the schedule is altered.
Article 76.-Cargo carried on deck
Cargo may be carried on deck only if it is so agreed upon between the carrier and the shipper or it is a custom and such carriage must be stated in the carriage documents.
Article 77.-Liabilities of carriers, actual carriers, their servants and agents
1. The carrier must be responsible for the whole process of carriage as provided for in this Section even though the carriage has been assigned in whole or in part to the actual carrier for performance. For the part of carriage performed by the actual carrier, the carrier shall be responsible for acts taken by the actual carrier as well as its servants and agents within the scope of their assigned work.
2. The actual carrier, its servants and agents shall enjoy the rights relating to the responsibilities of the carrier provided for in this Chapter when the cargo is under their control and when they take part in carrying out any activity stipulated in the contract of carriage of cargo.
3. Special agreements whereby the carrier undertakes obligations not provided for in this Chapter or denounces the rights they are entitled to under the provisions of this Code shall be effective for the actual carrier if the actual carrier so consents in writing. Regardless of whether or not the actual carrier so consents, the carrier shall still be bound to the obligations arising from these special agreements.
4. Where the carrier and the actual carrier bear joint liability, the extent of liability of each party shall be taken into account.
5. The total sum of indemnities payable by the carrier, the actual carrier and their servants and agents shall not exceed the whole limit of liability provided for in this Section.
Article 78.- Exemption of liability of carriers
1. The carrier shall not be liable for the loss of or damage to the cargo resulting from the unseaworthiness of the vessel if he/she has fully performed the obligations specified in Clause 1, Article 75 of this Code. In the case, the carrier shall be obliged to prove that he/she has performed his/her tasks with due diligence.
2. The carrier shall be completely exempt from liability for loss of or damage to the cargo in the following cases:
a. Fault of the master, crewmen, pilot or servants of the carrier in the operation or management of the vessel;
b. Fire not caused by the carrier;
c. Perils or maritime accidents at sea or in the port waters where the seagoing vessel is permitted to operate;
d. Natural calamities;
e. War;
f. Acts of infringing upon public order and safety not caused by the carrier;
g. Acts of seizure by the people or forced seizure by courts or other competent state agencies;
h. Quarantine restriction;
i. Acts or omissions of the shipper or owner of the cargo, his/her agent or representative;
j. Strike or other similar actions of laborers due to whatever cause which hold up work in general or in part;
k. Riots or civil commotion;
l. Acts of saving life or property at sea;
m. Wastage in bulk or weight or any other loss of or damage to the cargo resulting from its quality, latent defects or other defects;
n. Insufficiency of packing;
o. Insufficiency or inadequacy of marking of the cargo;
p. Latent defects of the vessel which are not discoverable by responsible persons even though they have exercised due diligence;
q. Any other cause arising without the fault or the intention of the carrier or without the fault of his/her servants or agents.
Where it is provided for by law or agreed upon in the contract that a person is fully exempt from the liability of a carrier, such person must prove that the carrier has no fault or intention to cause the loss of or damage to the cargo nor his/her agents or servants.
3. Late delivery of cargo means failure to deliver cargo within the time limit agreed upon in the contract or, in the absence of such agreement, within a reasonable time limit necessary for a diligent carrier to deliver the cargo. The carrier shall not be liable for delayed delivery of cargo in the following cases:
a. Deviation from the designated route, which has been consented by the consignor;
b. Force majeure events;
c. Saving human life or aiding a vessel in distress where human life may be threatened;
d. Time is needed for rendering emergency aid to crewmen or persons on board.
Article 79.-Limitation of liability of carriers
1. Unless the kind and value of the cargo have been declared by the consignor or shipper before its loading or clearly stated in the bill of lading, the sea waybill or other carriage documents, the carrier shall not be obliged to compensate for the loss of or damage to or in connection with the cargo in an amount not exceeding the equivalent of 666.67 units of account per package or unit of cargo or to 2 units of accounts per kilo of gross weight of the cargo lost or damaged, depending on the value of the cargo.
The unit of account provided for in this Code is the currency determined by the International Monetary Fund and established as the Special Drawing Rights.
The compensation amount shall be converted into Vietnamese currency at the exchange rate at the time of payment of compensation.
2. When the cargo is packed into a container or similar tool, each package or unit of cargo indicated in the carriage document and packed in such tool shall be regarded as a package or unit of cargo set out in Clause 1 of this Article. Where the number of packages or units of cargo is not indicated in the carriage document, such container or tool shall be only regarded as a package or unit of cargo.
3. Where the kind and value of the cargo have been declared by the shipper before its loading and have been stated in the carriage document, the carrier shall be liable for any loss of or damage to the cargo on the basis of the so declared value and on the following principles:
a. For cargo lost, by the value declared;
b. For cargo damaged, by the difference between the value declared and the residual value of the cargo.
The residual value of the cargo shall be determined at the market price at the time when and place where the cargo is discharged or should have been discharged; where such value cannot be ascertained, it shall be based on the market price at the time when and place where the cargo has been loaded plus the costs of carriage of the cargo up to the port of delivery.
4. The liability of the carrier for the late delivery of cargo shall be limited to a sum 2.5 times the freight of the quantity of cargo that is lately delivered but shall not exceed the total freight payable under the contract of carriage of cargo by sea.
Article 80.-Loss of the right to limitation of liability of carriers
1. The carrier shall lose the right to limitation of liability of carriers provided for in Article 79 of this Code if the claimant can prove that the loss of or damage to the cargo is the consequence of the carrier’s intentional acts of causing such loss or damage, late delivery of the cargo or neglect and knowledge that such loss of, damage or late delivery of the cargo may occur.
2. Servants or agents of the carrier who perform their work with the intention to cause the loss of or damage to the cargo, delay the delivery of the cargo or with neglect and knowledge that such loss of, damage to or late delivery of the cargo may occur shall also not enjoy limitation of liability provided for in this Section.
Article 81.-Obligations of consignors and shippers
1. The consignor must ensure that the cargo be packed and marked according to regulations. The carrier may refuse to load on board the seagoing vessel cargo which fails to ensure necessary packing standards.
2. For explosive, inflammable or otherwise dangerous cargo or cargo which must be handled by special measures during loading, carriage, preservation and unloading, the consignor must furnish within a reasonable time limit to the carrier necessary documents and guidelines pertaining to the cargo.
The consignor must compensate for the loss or damage arising from the late supply of such necessary documents and guidelines or from irregularities or inaccuracies thereof.
3. The consignor or shipper shall be responsible to the carrier as well as passengers, crewmen and owners of other cargoes for the loss or damage arising from the inaccurate or untruthful declaration of the cargo, regardless of such declaration is intentional or unintentional, if the carrier proves that such loss or damage is caused by the fault of the consignor or shipper.
Article 82.-Carriage of dangerous cargo
1. The carrier, while retaining his/her right to the full freight, at his/her discretion, may discharge the cargo from the seagoing vessel, destroy or render it harmless without having to make compensation where the cargo being inflammable, explosive or otherwise dangerous has been falsely declared or where during the loading the carrier has not been warned about and could not ascertain the cargo’s dangerous nature on the basis of a common operational knowledge.
The consignor must be liable for losses resulting therefrom.
2. Although the dangerous nature of the cargo has been warned or known to the carrier on the basis of a common operational knowledge and the proper preservation measures have been applied according to regulations and the cargo has been loaded onto the seagoing vessel, but subsequently such cargo has imperiled the safety of the vessel, persons and cargo on board, the carrier may, at his discretion, handle it as provided for in Clause 1 of this Article. In this case, the carrier shall be liable for arisen losses on the general average principles while retaining his/her right to the distance freight.
Distance freight is the freight computed in the proportion of the whole agreed voyage distance to the part of the voyage actually covered by the cargo, as well as in the proportion of the costs and time, perils or troubles on the average related to the part of the voyage covered to what falls to the remaining part of the voyage to be completed.
Article 83.-Exemption of liability of consignors
The consignor shall be exempt from liability to compensate for any loss and damage caused to the carrier or the seagoing vessel if he/she proves that such loss or damage is not caused by the fault of his/her servants or agents.
Article 84.-Payment of freight
1. Upon taking delivery of the cargo, the consignee shall have to pay to the carrier the freight and all other charges stated in the carriage document is such amounts of money have not yet been paid to the carrier.
2. The carrier may refuse to deliver the cargo and retain it if the consignor and the consignee have not yet fully paid or properly secured the amounts being owed to the carrier.
These debts include the freight, other charges as provided for in Clause 1 of this Article and contribution of the cargo in general average and salvage remuneration falling on the cargo.
Interests, calculated according to the interest rate applied by the relevant transaction bank, shall be charged in addition to the debts which are not paid when falling due.
Article 85.-Freight in case of loss of cargoes
1. Freight shall be exempted for cargo lost during the carriage through any accident whatsoever, and the freight paid in advance shall be refunded. Where the cargo lost has subsequently been saved or recovered, the carrier shall have the right only to the distance freight if the party with interests in the cargo has gained no benefit from the cargo having been carried by the seagoing vessel over such distance.
2. Where, in the course of carriage the cargo has been damaged or wasted on account of its special nature or the carried live animals have died, the carrier shall have the right to the full freight.
Article 86.-Issuance of bills of lading
1. The carrier shall be obliged to issue the shipper, at the latter’s request, a set of bills of lading.
2. A bill of lading may be issued in the following forms:
a. To a named consignee, referred to as a straight bill of lading;
b. To the order of the shipper or of the person designated by the shipper, referred to as an order bill of lading;
c. To an unnamed consignee or unnamed person issuing the order, referred to as a bearer bill of lading.
3. Where in an order bill of lading the person, to whose order the bill of lading is made out, is not specified, such bill of lading shall be automatically deemed to be made out to the shipper.
Article 87.- Contents of a bill of lading
1. A bill of lading shall contain the following detals:
a. The name of the carrier and his/her head office;
b. The name of the consignor;
c. The name of the consignee, or a statement to the effect that the bill of lading has been made out to order or bearer;
d. The name of the seagoing vessel;
e. A description of the cargo, specifying its kind, measure, volume, quantity, number of pieces, weight or value where necessary;
f. A description of the apparent conditions of the cargo or its packing;
g. Marks, signs and particulars to identify the cargo, as furnished in writing by the shipper before commencement of loading and having been marked on individual pieces of the cargo or its packing;
h. Freight and other charges due to the carrier; method of the payment;
i. Place of loading and port of loading;
j. Port of delivery or a statement as to when and where the port of delivery will be indicated;
k. The number of copies of the original bill of lading issued to the shipper;
l. The date and the place of issue of the bill of lading;
m. The signature of the carrier or of the master or of the other competent representative of the carrier.
A bill of lading, though lacking one or more details specified in this Clause, shall still be legally valid if it complies with the provisions of Article 73 of this Code.
2. Where the carrier has not been specified in the bill of lading, the shipowner shall be assumed to be the carrier. Where in the bill of lading made out in accordance with Clause 1 of this Article, the carrier has been designated inaccurately or falsely, the shipowner shall be liable to losses resulting therefrom and then have the right to claim indemnity from the carrier.
Article 88.- Remarks in bills of lading
1. The carrier shall be entitled to insert in the bill of lading his/her remarks on the apparent conditions or the packing of the cargo where he/she has suspicion.
2. The carrier may refuse to enter in the bill of lading the cargo description when he/she has sufficient grounds to suspect the accuracy of the declaration made by the consignor or shipper at the moment of loading or he/she has no conditions to verify it.
3. The carrier may refuse to inset in the bill of lading the cargo signs and marks when they have not been clearly marked on individual pieces of cargo or of its packing in such a manner that they should remain legible until the end of the voyage.
4. Where the cargo has been packed before being supplied to the carrier, the carrier may insert in the bill of lading a remark to the effect that the contents are unknown to him/her.
5. In any case, the carrier shall not be liable for any loss of or damage to the cargo or losses in relation to the cargo where the kind and value of the cargo have been deliberately misstated by the shipper during loading and such misstated declaration has been inserted in the bill of lading.
Article 89.- Transfer of bills of lading
1. An order bill of lading may be transferred by endorsement. The last endorser who is entitled to issue a delivery order shall be the legitimate consignee.
2. A bearer bill of lading may be transferred by delivery of the bill of lading by the carrier to the transferee. The person who produces the bearer bill of lading shall be the legitimate consignee.
3. A straight bill of lading is non-transferable. The person whose name is specified in the straight bill of lading shall be the legitimate consignee.
Article 90.- Substitution of bills of lading by other carriage documents.
The shipper may reach agreement with the carrier on the substitution of the bill of lading by a sea waybill or another carriage document and on the contents and validity of these documents according to international maritime shipping custom.
Article 91.- Application to ocean through bills of lading
The provisions of this Code concerning bills of lading shall apply to ocean through bills of lading issued by the carrier, unless otherwise provided for by law.
Article 92.- Consignors’ right to dispose of cargoes
1. The consignor shall have the right to dispose of the cargo until its delivery to the legitimate consignee if this right has not been vested to another person; and before the commencement of the voyage he/she may request unloading of the cargo, and after the commencement of the voyage after his/her original indications as to the consignee and the port of delivery, provided that he/she shall compensate for all losses and related expenses. The carrier shall be obliged to follow the consignor’s instructions only after withdrawing all copies of the issued original bill of lading.
2. The rights specified in Clause 1 of this Article shall not be applied if the exercise thereof would cause a considerable delay in commencing the voyage, unless it has been so consented by the carrier.
Article 93.- The obligation to deliver cargoes
The carrier shall be obliged to deliver the cargo at the port of delivery to the legitimate consignee holding the bill of lading or the sea waybill or another carriage document valid for receipt of the cargo as provided for in Article 89 of this Code. After the delivery of the cargo, all the other copies of the carriage document shall no longer valid for receipt of cargo.
Article 94.- Handling of retained cargoes
1. Where the consignee does not claim delivery, or refuses to take delivery of the cargo, or delays the delivery, the carrier may discharge the cargo and place it in custody at a safe and suitable place and notify the consignee thereof. All costs and charges related thereto and losses resulting threfrom shall be paid by the consignee.
2. Where at the same time several holders of the bill of lading or ocean through bill of lading, sea waybill or another carriage document that is valid for receipt of cargo claim delivery of the cargo, the carrier may act as provided for in Clause 1 of this Article.
3. The indemnification for losses resulting from the detention of the vessel for discharging and placing the cargo in custody, as provided for Clause 1 of this Article, shall be settled as in the case of detention of the vessel during loading.
4. Where, within sixty days after the day of the vessel’s arrival at the port of delivery, the cargo placed in custody has not been collected or the consignee has failed to pay in full or provide a proper security for the outstanding debts, the carrier may sell the cargo by auction for clearing the debts. Such cargo may be sold even before the expiration of this time limit if the cargo incurs a risk of deterioration or its putting in custody costs more than the actual value of the cargo.
The carrier shall be obliged to notify the consignor of the cases specified in Clauses 1, 2 and 4 of this Article and also of his/her intention to sell the cargo for clearing debts.
5. The handling of cargoes retained by carriers at Vietnamese seaports provided for in this Article shall comply with regulations of the Government.
Article 95.- Proceeds from auctions of cargoes
1. After the debts of the consignee, costs of placing the cargo in custody and holding a auction as provided for in Article 94 of this Code are deducted, the remaining amount of the proceeds from the auction of the cargo must be deposited in a bank to be paid to the person(s) entitled thereto.
2. Where the proceeds from the auction of the cargo are not sufficient to cover in full the amounts specified in Clause 1 of this Article, the carrier shall be entitled to claim full payment thereof from the involved parties.
3. Where within the time limit of one hundred and eighty days counting from the date of auction of the cargo, nobody claims for the remaining amount, this amount shall be remitted into the state coffers.
Article 96.-Survey of cargoes and notification of losses of or damage to cargoes or late delivery of cargoes
1. The consignee, before taking delivery of the cargo, or the carrier, before delivering the cargo at the port of delivery, may request a surveying agency to conduct a survey thereof. The party that has ordered the survey shall be obliged to pay survey costs and also have the right to recourse against the damage-causing party for such costs.
2. The cargo shall be deemed to have been fully and completely delivered as indicated in the bill of lading, the sea waybill or another carriage document, unless the consignee has notified in writing the carrier of any loss of or damage to such cargo within three days at most after the time of taking delivery, in case of damage externally imperceptible; for cargoes already surveyed under the provisions of Clause 1 of this Article, written notification is unnecessary.
Any agreement contrary to this provision shall be invalid.
3. The consignee may issue notices on loss of cargo if he/she receives no cargo within sixty days after the date on which the cargo should have been delivered as agreed upon in the contract.
4. The carrier shall not have to compensate for losses resulting from the late delivery of the cargo, except for the case where a written notice on the late delivery of cargo is sent to the carrier within sixty days as from the date on which the cargo should have been delivered as agreed upon in the contract.
Article 97.- Statute of limitation for initiation of lawsuits about damage to or loss of cargoes
The statute of limitations for initiation of lawsuits about damage to or loss of cargo carried under carriage documents is one year from the date on which the cargo is delivered or should have been delivered to the consignee.
Section 3. VOYAGE CHARTERPARTY
Article 98.- Use of seagoing vessels under voyage charterparties
The carrier shall be obliged to use the seagoing vessel designated in the contract to carry the cargo, unless the charter has given his/her consent for the carrier to substitute the designated vessel by another.
Article 99.- Transfer of rights under voyage charterparties
The charterer may, without the carrier’s consent, transfer to a third party his/her rights under the contract of carriage but remains responsible for the performance of the contract already concluded.
Article 100.- Issuance bills of lading under voyage charterparties
Where the bill of lading is issued under a voyage charterparty and the holder of such bill of lading is other than the charterer, the rights and obligations of the carrier and the holder of the bill of lading shall be governed under the terms of the bill of lading; the terms of the voyage charterparty which have been inserted into the bill of lading shall be applied.
Article 101.- Ports of loading and places of loading
1. The carrier shall be obliged to direct his/her seagoing vessel to the port of loading, at the designated time and place; to place the seagoing vessel at the loading place under the terms agreed in the contract of carriage of cargo.
2. The carrier shall direct the seagoing vessel to the place designated by the charterer, which is safe and accessible without difficulty for the vessel to reach, to lie there and to leave unhindered with the cargo. Where there are several charterers who fail to reach agreement among them on the place of loading, or where the place of loading is not clearly designated by the charterer, the carrier will direct the vessel to a local customary place of loading.
3. Where the contract has no specific agreement on the loading place at the port of loading, the carrier shall direct the seagoing vessel to a local customary place of loading.
4. The charterer may request the carrier to change the place of loading even though this place has been clearly indicated in the contract. The charterer must pay in full all costs related to the satisfaction of this request.
Article 102.-Loading time
1. The loading time shall be agreed between the involved parties in the contract, and, in the absence of such agreement, it shall comply with local custom.
2. The time of interruption caused by the charterer and the time for changing the loading place at his/her request shall be counted in the loading time.
3. The time of interruption caused by the carrier, interruption caused by force majeure or by weather conditions which affect the technical correctness of the loading or endanger the loading shall not be counted in the loading time.
4. The charterer may reach agreement with the carrier on the dispatch for loading to be completed before the loading time expires or the demurrage for delaying the loading beyond the agreed period of time.
Article 103.- Demurrage time
1. The parties may reach agreement in the voyage charterparty on an additional period of loading beyond the loading time provided for in Article 102 of this Code (which hereinafter is referred to as demurrage time). Where the number of days or hours of the demurrage time is not specified in the voyage charterparty, the demurrage time shall be determined by the parties by local custom.
2. The demurrage money shall be agreed upon by the involved parties in the voyage charter party; in the absence of such agreement in the voyage charter party, it shall be determined by local custom. In the absence of such local custom, the amount of demurrage money shall be determined on the basis of the actual total sum of expenses for the maintenance of the seagoing vessel and its crew throughout the demurrage time.
3. After expiration of the loading time and demurrage time, the period of time during which the seagoing vessel is detained at the port of loading due to the charterer’s act is referred to as the detention time. The carrier shall be entitled to claim for compensation for losses caused by the detention of the vessel.
Article 104.- Notice of readiness
1. The carrier shall be obliged to notify in writing the charterer of the vessel’s arrival at the port of loading and readiness for the loading (hereinafter referred to as notice of readiness).
2. The day and hour in which a notice of readiness becomes effective shall be agreed upon by the parties in the voyage charter party; in the absence of such agreement, such day and hour shall be determined by local custom.
3. The carrier shall have to compensate for the loss resulting from the notice of readiness which at the time of its receipt by the charterer is not true to the facts.
Article 105.- Replacement of cargoes
1. The charterer shall have the right to supply, instead of the cargo specified in the contract of carriage of cargo, another cargo with similar characteristics, provided that the carriage of which will not affect the interests of the carrier and of other charterers.
2. The freight for the carriage of such cargo must not be lower than the agreed freight for the replaced cargo.
Article 106.- Loading and stowage of cargoes on board seagoing vessels
1. The cargo must be stowed on board the seagoing vessel in accordance with the cargo plan decided by the master. Stowage of cargo on deck shall be subject to written consent of the charterer.
2. The carrier shall be obliged to take due care of the loading, stowage, lashing and separation of the cargo on board the seagoing vessel. The related expenses shall be agreed upon by the two parties in the contract.
Article 107.- Vessels leaving ports of loading
1. After the expiration of the loading time and demurrage time as provided for in the voyage charterparty, or after the expiration of the date for supplying the cargo, the carrier may let his/her seagoing vessel leave the port of loading even though the whole agreed cargo or port thereof has not been loaded onto the vessel for reasons on the part of the charterer. In this case, the carrier shall still be entitled to the full freight including the freight falling on the cargo not loaded, which hereinafter is referred to as dead freight.
2. In case of lease of the whole space of the seagoing vessel, the carrier, while maintaining his/her right to the full freight, must comply with the following requests of the charterer:
a. To commence the voyage before the agreed date;
b. To load onto the seagoing vessel the cargo already supplied at the place of loading even though the demurrage time has expired, if the loading of such a cargo might cause detention of the vessel for no longer than fourteen days, while the carrier still enjoys the benefits specified in Clause 3, Article 103 of this Code.
3. In case of lease of part of the space of the seagoing vessel, the carrier shall be entitled to the full freight and to refuse the loading of the cargo which is supplied after the expiration of the agreed loading time or demurrage time due to the delay caused by the charterer.
Article 108.- Routes and time of carriage
1. The carrier must perform the carriage within a reasonable period of time by the route provided for in the contract or by the usual route, unless otherwise agreed in the contract.
2. A deviation from the route for the purpose of saving life or property at sea or for other plausible reasons does not constitute an infringement of the contract of carriage. The carrier shall not be liable for any damage to cargo resulting therefrom.
Article 109.- Substitute ports
1. Where the seagoing vessel cannot enter the port of delivery on account of insurmountable hindrances, the cessation of which cannot be anticipated within a reasonable time, the carrier may direct the seagoing vessel to the nearest safe substitute port and must notify the charterer thereof for further instructions.
2. In case of lease of the whole space of the seagoing vessel, the master must, depending on the specific circumstance, ask for and follow the instructions of the charterer; where its is imposible to follow the charterer’s instructions or where the charterer’s instructions have not been received within a reasonable time, the master may discharge the cargo or carry it back to the port of loading, which may, in his judgment, properly protect the interests of the charterer. The charterer must pay the carrier the distance freight and related costs.
3. In case of lease of part of the space of the seagoing vessel, the master may also act as stipulated in Clause 1 of this Article if the charterer’s instructions have not been received within five days from the time the notification for instructions is sent or if it is impossible to follow the charterer’s instructions. The charterer must pay the carrier the full freight and related costs.
Article 110.- Discharge and delivery of cargoes
1. The discharge of cargo shall be decided by the master. The carrier shall be obliged to take due care of the discharge of cargo.
2. The charterer shall be entitled to dispose of the cargo until its delivery to the legitimate consignee if this right has not been vested to another person; and before the commencement of the voyage he/she may request discharge of the cargo, and, after the commencement of the voyage, alter his/her original indications as to the consignee and the port of delivery, provided that he/she shall compensate for all losses resulting therefrom and related costs.
3. The rights stated in Clause 2 of this Article shall not be applied if the exercise thereof would cause a considerable delay in commencing the voyage, unless it has been so consented by the carrier.
Article 111.- Freight
1. Where a larger quantity of cargo has been loaded on board the vessel than agreed upon in the contract, the carrier shall be entitled to the freight also on the surplus as the freight rate agreed upon in the contract.
2. For cargo placed on board without permission of the carrier, the carrier shall be entitled to the double amount of freight due for the carriage from the port of loading to the port of delivery, as well as to compensate for losses resulting from the loading of such cargo on board without his/her permission. The carrier may discharge such cargo at any port, if deeming it necessary.
3. Upon receiving the cargo, the consignee must pay the carrier the freight, the compensation for retention of the vessel or other costs related to the carriage of the cargo, if such amount have not yet been paid.
Article 112.- Payment of freights, storage costs and handling of the proceeds from auction of cargoes
The provisions on the payment of freight, handling of detained cargoes and proceeds from auctions of cargoes under Articles 84, 85, 94 and 95 of this Code shall apply in the same manner to the carriage of cargoes under voyage charterparties.
Article 113.- Charterer’s right to terminate contracts
1. The charterer may terminate the contract in the following cases:
a. The carrier has failed to direct the vessel to the place of loading at the agreed date, or has delayed the loading of the cargo onto the vessel or the commencement of the voyage; in this case, the charterer shall be entitled to the compensation for losses resulting therefrom.
b. After the completion of the loading but still before the commencement of the voyage or during the voyage, the charterer may request discharge of the cargo but must pay the full freight and related costs to the carrier.
2. The carrier may refuse the charterer’s request to discharge the cargo as mentioned at Point b, Clause 1 of this Article where he/she deems that such would cause a delay of the voyage or affect the interests of the concerned parties on account of the alteration of the fixed schedule.
3. In case of lease of the whole space of the seagoing vessel, the charterer may terminate the contract before the commencement of the voyage but must compensate for costs arising therefrom and, depending on the moment of the termination of the contract, also pay the freight on the following principles:
a. Half of the freight, where he/she terminates the contract before the agreed loading time is counted;
b. The full freight, where he/she terminates the contract after the agreed loading time is counted or after the agreed demurrage time is counted if the contract has been concluded for a single voyage.
c. The full freight for the voyage, before the commencement of which he terminates the contract, and plus half of the freight for all subsequent voyages if the contract has been concluded for a number of voyages.
4. Where the charterer terminates the contract under the provisions of Clause 3 of this Article, the carrier shall be obliged to detain the vessel at the place of loading until the cargo discharge is completed even though this may detain the vessel beyond the loading and demurrage time.
5. In case of lease of part of the space of the vessel, the charterer may terminate the contract and must compensate for the costs arising therefrom, and, depending on the moment of the termination of the contract, also pay the freight on the following principles:
a. Half of the freight where he/she terminates the contract after the agreed time for supply of the cargo;
b. Full freight where he/she terminates the contract during the voyage.
Article 114.- Carriers’ right to terminate contracts
Where the quantity of cargo loaded on board the seagoing vessel is smaller than the contracted quantity and the total value of the quantity of such loaded cargo does not secure the freight and other amounts expended by the carrier on the cargo, the carrier may terminate the contract before the commencement of the voyage, unless the charterer has paid the full freight or provided an adequate security. The charterer must pay the expenses for the cargo discharge and half of the agreed freight.
Article 115.- Termination of contracts without compensation
1. Either party to the contract may terminate the contract without having to pay compensation if, before the departure of the vessel from the place of loading, the following events have occurred:
a. War has broken out, threatening the safety of the seagoing vessel or cargo; the port of loading or port of delivery has been declared blockaded;
b. The seagoing vessel has been detained by order of a competent state agency not due to the faults of the contractual parties;
c. The seagoing vessel has been requisitioned by the State;
d. A ban has been imposed on carriage of the cargo from the port of loading or into the port of delivery.
2. The party that terminates the contract in the cases specified in Clause 1 of this Article must bear the costs of discharge.
3. Upon the occurrence of the events specified in Clause 1 of this Article, either party may terminate the contract also during the voyage; in this case, the charterer shall be obliged to pay the distance freight and costs of discharge.
Article 116.- Automatic termination of contracts
1. The contract shall automatically terminate and neither party shall have to pay compensation after the conclusion of the contract and before the departure of the seagoing vessel from the place of loading for the following reasons for which neither party is at fault:
a. The seagoing vessel designated in the contract has been sunk, missing or captured;
b. The cargo designated in the contract has been lost;
c. The seagoing vessel designated in the contract is deemed to be so damaged that its repair is impossible or uneconomical.
2. Where the events specified in Clause 1 of this Article have occurred during the voyage, the carrier shall only be entitled to the distance freight; where only the vessel has been damaged while the cargo has been saved or returned, the carrier shall be entitled to the distance freight for the saved or returned cargo.
Article 117.- Preservation of cargoes upon termination of contracts
Where the contract is terminated under the provisions of this Section, the carrier shall still be obliged to take care of the cargo until it is delivered to the entitled consignee, except for the cases specified at Points a and b, Clause 1, Article 116 of this Code.
Article 118. – Statute of limitations for initiation of lawsuits regarding the performance of voyage charterparties
The statute of limitations for initiation of lawsuits regarding the performance of voyage charterparties is two years from the date the claimants know or must have known that their interests have been infringed upon.
Section 4. MULTIMODAL TRANSPORT CONTRACTS
Article 119.- Multimodal transport contracts
1. A multimodal transport contract is a contract concluded between a consignor and a multimodal transport dealer, whereby the multimodal transport dealer shall perform the carriage of cargo in return for a freight for the whole carriage process from the place of loading to the place of delivery of the cargo to a consignee by at least two modes of transport, one of which must be by sea.
2. A multimodal transport dealer is a person who personally concludes or authorizes another person to conclude a multimodal transport contract with a consignor.
3. A consignor is a person who personally concludes or authorizes another person to conclude a multimodal transport contract with a multimodal transport dealer.
4. A multimodal transport bill of lading constitutes evidence of a multimodal transport contract, certifying the multimodal transport dealer’s receipt of the cargo for carriage and commitment to deliver the cargo as agreed upon in the contract.
Article 120.- Liability of multimodal transport dealers
1. The multimodal transport dealer must be liable for the cargo carried under the multimodal transport contract from the time of its receipt to the time of its delivery.
2. The multimodal transport dealer may sign separate contracts with carriers of each mode of transport, clearly defining the responsibility of each involved party for each mode of transport. These separate contracts shall not affect the liability of the multimodal transport dealer for the whole carriage process.
Article 121.-Limitation of liability of multimodal transport dealers
1. Where the cargo is lost or damaged when it is carried by a certain mode of transport employed in the carriage process, the provisions of law relevant to such mode of multimodal transport shall be applied to the liability as well as limitation of liability of the multimodal transport dealer concerned.
2. Where the cargo is lost or damaged but it is impossible to determine by which mode of transport such loss or damage occurs, the multimodal transport dealer concerned shall have to pay compensation under the provisions of Articles 78 and 79 of this Code on exemption and limitation of liability of carriers.
Article 122.- Detailed provisions on multimodal transport
The Government shall provide in detail for multimodal transport.
Chapter VI

CONTRACTS OF CARRIAGE OF PASSENGERS AND LUGGAGE BY SEA

Article 123.-Carriage of passengers and luggage
1. A contract of carriage of passenger and luggage by sea is a contract concluded between a carrier and a passenger, whereby the carrier agrees to carry a passenger and his/her luggage by seagoing vessel, in return for passage money and a luggage freight to be paid by the passenger, from port of embarkment to port of disembarkment.
2. A carrier is the person who personally concludes or authorizes another person to conclude a contract of carriage of passenger and luggage with a passenger.
3. An actual carrier is a person entrusted by a carrier to perform the carriage of passengers and luggage in whole or in part.
4. A passenger is a person carried by seagoing vessel under a contract of carriage of passengers or a person who is permitted by a carrier to accompany a means of transport or live animals carried under a contract of carriage of cargo.
5. Luggage is objects or means of transport carried under a contract of carriage of passengers by sea, excluding the following cases:
a. Objects and means of transport carried under a contract of carriage of cargo;
b. Live animals;
6. Hand luggage is luggage kept by a passenger in his/her compartment or under his/her supervision, care and control.
Article 124.- Documents of carriage of passengers and luggage
1. Documents of carriage of passengers and luggage incude:
a. Tickets constituting evidence of the conclusion of a contract of carriage of passengers;
b. Luggage receipt coupons constituting evidence of the dispatch of passengers’ luggage.
2. The carrier may substitute tickets with equivalent vouchers, if passengers are carried on board a seagoing vessel other than a passenger vessel.
3. The carrier shall stipulate the exemption and reduction of fares, prioritized purchase and refund of passenger fares and luggage freight.
Article 125.-Rights and obligations of passengers
1. The passenger shall be entitled to all interests in compliance with the class of his/her ticket and not have to pay money for the carriage of his hand luggage within the limit of weight and kind designated by the carrier.
2. The passenger shall be entitled to terminate the contract of carriage before the commencement of the voyage at any port at which the vessel calls for passengers to embark or disembark and to refund of his/her fare or an amount of money equivalent to the unused part of his/her fare, less expenses or fine, if any.
3. The passenger shall be obliged to observe the command of the master and follow all rules and guidelines on board, and follow the instructions of responsible officers and crewmen.
4. Any agreement limiting the rights of the passenger of lessening or relieving the liability of the carrier provided for in this Code shall be null and void.
Article 126.-Obligations and rights of carriers
1. The carrier shall be obliged to exercise due diligence that the seagoing vessel is seaworthy, properly manned, furnished and supplied from the commencement of carriage, throughout the process of carriage to the port of disembarkment.
2. The carrier shall be obliged to take due care of and properly protect the passengers together their luggage from the time they have embarked on board the seagoing vessel up to the time they have safely together with their luggage left vessel at the port of disembarkment; where during the voyage an extraordinary and unexpected event has occurred, the carrier shall be liable to pay the fares necessary to cover the transportation of the passengers from and to the vessel as well as costs of meal, and necessary daily-life services for staying on board.
3. The carrier shall be obliged to buy carrier’s civil liability insurance for passengers.
4. The carrier may refuse to perform the contract without having to pay compensation if the following circumstances have occurred:
a. War has broken out or another event has occurred, posing a threat of possible arrest of the seagoing vessel;
b. The port of embarkment or port of disembarkment has been declared bloackded;
c. The seagoing vessel has been arrested or detained by decision of a competent state agency not due to the faults of the contractual parties;
d. The seagoing vessel has been requisitioned by the State;
e. A ban has been imposed on carriage of passengers from the port of embarkment or into the port of disembarkment.
5. Where the carrier refuses to perform the contract of carriage under the provisions of Clause 4 of this Article before the commencement of the voyage, he/she must refund the passengers the passage money and luggage freight.
Where the voyage has commenced, the carrier must refund the passengers part of the passage money corresponding to the remaining distance of the voyage; at the same time, he/she shall be obliged to return the passengers to the port of embarkment on his/her own money or compensate them an equivalent amount of money.
6. The carrier may not refund the collected passage money if the passenger is not present on board at the fixed time including the period of time the vessel calls at an en-route port during the voyage.
7. The carrier may postpone the time of commencement of the voyage, alter the route of transportation or alter the place of embarkment or disembarkment if the sanitary and epidemiological conditions in the place of commencement of the voyage, the place of destination or along the route of transportation are unfavorable or other circumstances have occurred beyond their control. The carrier must, at the request of the passengers, pay the expenses for returning the passengers to the port of embarkment or compensate them for reasonable actual losses.
8. The provisions of Clause 7 of this Article shall not restrict the passenger’s right to refuse to perform the contract of carriage.
Article 127.- Liability of carriers and actual carriers in the carriage of passengers
The liability of the carrier and the actual carrier in the carriage of passengers by sea shall comply with the provisions of Article 77 of this Code.
Article 128.- Exemption of carrier’s liability for arrest of passengers
The carrier shall be exempt from liability for the arrest of the passenger by a competent state agency during the voyage due to the fault of the passenger at the port at which the vessel has called.
Article 129.- Handling of passengers on board without a ticket
1. A passenger on board without a ticket is a person who has embarked the vessel without the carrier’s, master’s or responsible person’s permission when the vessel is in the port or at a place within the port area and remains on board the vessel after it leaves the port or the place within the port area.
2. A passenger on board without a ticket shall be obliged to pay in full the passage money for the covered distance plus a fine equal to such amount.
3. The master may disembark a passenger on board without a ticket or transfer him/her onto another vessel going to the port at which such person embarked the vessel and must inform a competent state agency of the name, age and citizenship of that person, the port at which he/she embarked and hid on the vessel.
4. Where a passenger on board without a ticket is accepted to be carried over the remaining distance, he/she must buy a ticket and shall have the rights and obligations like other passengers.
Article 130.- Carriers’ liability to compensate for damage
1. The carrier shall be liable for loss of life or personal injury and damage to health of the passengers as well as loss of or damage to their luggage if the causal incidents have occurred in the course of carriage due to the fault of the carrier or his/her servant or agent within the scope of his/her assigned jobs.
The fault of the carrier, his/her servant or agent shall be deemed natural unless he/she proves that the occurrence of loss of life or personal injury and damage to health of the passengers as well as loss of or damage to their hand luggage has been caused by collision, shipwreck, destruction, running aground, explosion, fire or any defect of the seagoing vessel.
The fault of the carrier, his/her servant or agent shall be deemed natural unless he/she proves that the occurrence of loss of or damage to other types of luggage does not depend on such causes of loss or damage.
In other cases, the burden of proof of a fault shall be borne by the claimants.
2. The burden of proof of damage and the extent of the loss or damage caused during the voyage by collision, shipwreck, destruction, running aground, explosion, fire or any defect of the seagoing vessel shall be borne by the claimants.
Article 131.- Process of carriage of passengers and luggage
1. The process of carriage of passengers by sea starts from the time the passenger embarks the seagoing vessel and ends when the passenger leaves the vessel, including the transportation of the passenger by water from land to vessel and vice versa, if the fare for such transportation is included in the piece of the ticket.
2. The process of carriage of hand luggage of passengers is similar to that provided in Clause 1 of this Article. The process of carriage of luggage other than hand luggage starts from the time the carrier, his/her servant or agent receives such luggage at the port of embarkment and ends when such luggage is returned to the passenger at the port of disembarkment.
Article 132.-Limitation of liability of carriers of passengers and luggage
1. The liability of the carrier for the death, personal injury or other damage to the health of a passenger shall not exceed 46,666 units of account per contract of carriage of passenger and luggage with the total compensation amount not exceeding 25,000,000 units of account; for cases where, the payment of compensation, by decision of courts, is made in installments, the total amount of such compensation money shall not also exceed the limit specified in this Clause.
2. The liability of the carrier for loss of or damage to hand luggage shall not exceed 833 units of account per passenger per contract of carriage of passenger and luggage.
3. The liability of the carrier for loss or damage to means of transport, including all luggage carried on board such means of transport, shall not exceed 3,333 units of account per means of transport per contract of carriage of passenger and luggage.
4. The liability of the carrier for loss of or damage to luggage other than luggage specified in Clauses 2 and 3 of this Article shall not exceed 1,200 units of account per passenger per contract of carriage of passenger and luggage.
5. The carrier and the passenger may agree to lessen the liability of the carrier by deducting no more than 117 units of account in case of damage to a means of transport and no more than 13 units of account per passenger in case of loss of damage to other kinds of luggage.
Article 133.- Loss of the right to liability of limitation
1. The carrier shall lose the right to limitation of liability provided for in Article 132 of this Code if the occurrence of the loss or damage is proved to be the consequence of the carrier’s intentional acts of causing such loss or damage or neglect and knowledge that such loss or damage may occur.
2. The provisions of Clause 1 of this Article shall be applied similarly to the carrier’s servants and agents.
Article 134.-Loss of and damage to valuables and other valuable property
For valuables, money, valuable documents, works of arts or other valuable property, the carrier shall be liable to compensate when on delivering such property for safe keeping the passenger has declared their characteristics and value to the master or the officer responsible for luggage.
Article 135.- Liens on luggage
1. The carrier, for securing his/her legitimate interests, may have a lien on the luggage of the passenger who has not yet paid in full his/her debts until when the passenger pay such debts or provide a proper security.
2. For the luggage which has not been collected, the carrier may take it ashore and deposit it in a safe and appropriate place and inform the passenger or his/her authorized person thereof. All costs and charges arising therefrom shall be paid by the passenger.
Article 136.- Notification of loss or damage to luggage
1. The passenger must inform in writing the carrier or his/her agent of the loss of or damage to luggage in the following cases:
a. Apparent damage to hand luggage must be informed before or when the passenger disembarks the vessel;
b. Apparent damage to luggage other than hand luggage must be notified before and at the time of delivery of the luggage;
c. Externally imperceptible loss of or damage to luggage must be notified within fifteen days after the date the passenger disembarks the vessel or the luggage should have been delivered.
2. Where the passenger fails to comply with the provisions of Clause 1 of this Article, his/her luggage shall be deemed to be delivered and received without any loss or damage, unless the contrary is proved.
3. The passenger shall not be required to make such notification in writing if upon delivery, the luggage has been jointly inspected or surveyed by the carrier and passenger.
Article 137.- Statute of limitations for initiation of lawsuits regarding the carriage of passengers and luggage.
1. The statute of limitations for initiation of lawsuits for compensation for loss of life, personal injury or damage to the health of passengers and for loss of or damage to luggage is two years.
2. The statute of limitations specified in Clause 1 of this Article shall be determined as follows:
a. In case of personal injury of the passenger, counting from the date the passenger disembarks the vessel;
b. In case of loss of life of the passenger during the voyage, counting from the date the passenger should have disembarked the vessel.
In case of personal injury of the passenger during the voyage resulting in his/her loss of life after disembarking the vessel, the statute of limitations shall start from the date such person was dead but must exceed three years as from the date of his/her disembarkment.
c. In case of loss of or damage to luggage, counting from the date the passenger disembarks the vessel or should have disembarked the vessel, depending on which date is later.
3. Not with standing the suspension or interruption of the statute of limitations for initiation of lawsuits for compensation specified in Clause 1 of this Article, the statute of limitations for initiation of lawsuits shall not exceed three years as from the date the passenger disembarks or should have disembarked the vessel, depending on which date is later.
Chapter VII

CHARTERPARTIES

Section 1. GENERAL PROVISIONS
Article 138.-Charterparties
A charterparty is a contract concluded between a shipowner and a charterer, whereby the shipowner transfers the right to use his/her seagoing vessel to the charterer for a specified period of time and for a specified purpose agreed upon in the contract for remuneration paid by the charterer.
Article 139.- Forms of charterparties
1. A charterparty is concluded in the form of time charterparty or bareboat charterparty
2. A charterparty must be made in writing
Article 140.-Subletting of vessels
1. The charterer may sublet the vessel to a third party if there is such agreement in the contract but shall still be obliged to perform the contract concluded with the shipowner.
2. The rights and obligations of the shipowner provided for in this Chapter shall also apply to the charterer who sublets the vessel to a third party.
Article 141.- Principles for application of laws to charterparties
The provisions pertaining to the rights and obligations of the shipowner and the charter in this Chapter shall apply only when the shipowner and the charterer do not otherwise agree.
Article 142.-Statute of limitations for initiation of lawsuits regarding charterparties
The statute of limitations for initiation of lawsuits regarding the charterparty is two years from the date of termination of the charterparty.
Section 2. TIME CHARTER
Article 143.-Time charterparties
1. A time charterparty is a charterparty whereby a shipowner supplies a specific vessel together with its crew to a charterer.
2. A time charterparty contains the following details:
a. The name of the shipowner, the name of the charterer;
b. The name, nationality, class, tonnage engine capacity, capacity, speed and fuel consumption level of the vessel;
c. The operation area of the vessel, use purpose and term of the charterparty;
d. The time, place of and conditions on the delivery and return of the vessel;
e. The charter hire, mode of payment;
f. Other related contents.
Article 144.-Obligations of shipowners under time charter
1. The shiponwer shall be obliged to deliver to the charterer at the right agreed place and on the right agreed time the seagoing vessel in technically safe conditions, properly supplied and adapted for the purpose of employment agreed upon in the contract and maintain such throughout the currency of the charterparty.
2. The shiponwer shall be obliged to supply a complement of crew qualified for the purpose of employment of the vessel agreed upon in the contract and to pay the wages and secure the other legitimate interests of crewmen throughout the currency of the charterparty.
Article 145.- Rights of charterers under time charter
1. The charterer shall be entitled to dispose of the entire space in the vessel appropriated for the carriage of cargo, passengers and luggage.
2. The charterer must not dispose of the other space on board the vessel for the carriage of cargo, passengers and luggage, unless it is consented by the shipowner.
Article 146.-Obligations of charteres under time charter
1. The charterer shall be obliged to employ the vessel for the purposes as agreed upon in the contract and to take due care of the shiponwer’s interests.
2. The charterer shall be obliged to ensure that the vessel be employed only for the lawful carriage of cargo, passengers and luggage.
3. When the period for time charter terminates, the charterer shall be obligeid to redeliver the vessel to the shiponwer at the place and time and in technical conditions as agreed upon, except for the vessel’s natural wear.
Article 147.- Relations between shipowners, charterers and crew of vessels in time charter
1. During the term of a time charterparty, the master and other crewmen shall remain under the shipowner’s labor management. The shipowner shall be completely liable for all matters pertaining to crew.
2. In the operation of the vessel, the master shall be the representative of the charter and must comply with the instructions given by the charterer in accordance with the time charterparty.
3. For the acts of the master performed within his/her powers stated in Clause 2 of this Article, the shipowner shall be liable jointly with the charterer, unless the master has clearly stated his/her commitment that he/she exercises such powers in the name of the charterer.
Article 148.-Division of salvage remuneration under time charter
If during the term of a time charterparty the vessel involves in salvage operations, the remuneration shall be deivided equally between the shipowner and the charterer after deducting the sume covering expenses arising from salvage operations and the share of salvage remuneration due to the crew.
Article 149.- Beyond the term of time charter
If, according to reasonable calculations, the vessel shall complete the last voyage beyond the time for redelivery determined in the charterparty, the charterer may continue to employ the vessel till completion of such voyage; the charterer shall have to pay a hire for such excessive time at the rate determined in the charterparty; if the hire rate on the market is higher than that determined in the charterparty, the charterer shall have to pay the hire at the market price at the time of payment.
Article 150.- Payment of hire under time charter
1. The charterer shall have to pay the hire for the period from the date of receipt of the vessel to the date of its redelivery to the shipowner.
2. The charterer shall not have to pay to the shipowner the hire for any period during which the vessel is unfit for operation on account of technical breakdown, lack of supplies, or incompetent crew. In this case, the charterer shall be relieved of the obligation to pay the costs of the vessel’s maintenance.
3. Where the vessel’s unfitness for operation is due to the fault of the charterer, the shipowner shall still be entitled to the hire and to the compensation for the damage arising therefrom.
4. Where the chartered vessel is missing, the hire shall be calculated until the date when the last information on the vessel is received.
5. Where the charterer fails to pay the hire as agreed upon in the charterparty, the shipowner shall have the right to retain the cargo and property on board the vessel, provided that such cargo and property are under the ownership of the charterer.
Article 151.-Termination of time charterparties
1. Where the failure to perform the obligations specified in Article 144 of this Code is due to the fault of the shipowner, the charterer shall be entitled to terminate the contract and claim for compensation for the damage arising therefrom.
2. Either party may terminate the time charterparty without having to pay compensation to the other if the performance of the contract has been hindered by an outbreak of war, a riot or coercive measures taken by a competent state agency and such event is unable to come to an end within a reasonable time.
3. A charterparty shall automatically terminate when the vessel has been lost, sunk, destroyed or has been so damaged that its repair is impossible or uneconomical.
Section 3. BAREBOAT CHARTER
Article 152.- Bareboat charterparties
1. A bareboat charterparty is a charterparty whereby a shipowner supplies a specific vessel together without crew to a charterer.
2. A time charterparty contains the following details:
a. The name of the shipowner, the name of the charterer;
b. The name, nationality, class, tonnage and engine capacity of the vessel;
c. The operation area of the vessel, employment purpose and term of the charterparty;
d. The time, place of and conditions on the delivery and redelivery of the vessel;
e. Inspection, maintenance and repair of the vessel;
f. The charter hire, mode of payment;
g. Insurance of the vessel;
h. Time and conditions for termination of the charterparty;
i. Other related contents.
Article 153.- Obligations of shipowners under bareboat charter
1. The shipowner must perform with due diligence his/her obligations to deliver a seaworthy vessel together with its documents to the bareboat charterer at the place and time agreed upon in the charterparty.
2. During the term of a charterparty, without the charterer’s written consent, the shipowner shall not be allowed to mortgage the vessel; where the shipowner acts against this provision, he/she must compensate for the damage caused to the charterer.
3. Where the vessel is arrested on account of disputes over the ownership of the vessel or the shipowner’s debts, the shipowner must secure that the interests of the charterer not be affected and must compensate for the damage caused to the charterer.
Article 154.- Obligations of charterers under bareboat charter
1. The charterer shall be obliged to carry out the maintenance of the vessel and equipment on board during the currency of the bareboat charter.
2. The charterer shall be obliged to repair breakdowns of the vessel and to keep the shipowner informed thereof. The shipowner shall have to refund the repair costs occurred beyond the scope of the charterer’s liability.
3. During the currency of the bareboat charter, the charterer shall bear the costs of insurance for the vessel with the value and mode as agreed upon in the charterparty.
4. During the currency of the bareboat charter, if the employment and operation of the vessel by the charterer causes damage to the shipowner, he/she shall be obliged to remedy or compensate for such damage.
Article 155.- Obligation to redeliver vessels, employment of vessels beyond the term of the charter, and termination of bareboat charterparties.
The obligation to redeliver vessels, employment of vessels beyond the term of the charter, and termination of bareboat charterparties shall comply with the provisions of Clause 3 of Article 146, Article 149 and Article 151 of this Code.
Article 156.- Payment of hires under bareboat charter
The bareboat charterer shall have to pay the hire as agreed upon in the charterparty. Where the vessel suffers from total loss or is missing, the payment of the hire shall terminate from the time the vessel suffers from total loss or the date of receipt of the last information on the vessel. Part of the hire paid in advance must be refunded corresponding to the time the vessel is not employed.
Article 157.- Hire-purchase of vessels
Where there is a term on the hire-purchase of the vessel in the bareboat charterparty, the ownership of the vessel under the bareboat charterparty shall be transferred to the charterer as agreed upon in the contract.
Chapter VIII

SHIPPING AGENCY AND SHIP BROKERAGE

Section 1. SHIPPING AGENCY
Article 158.-Shipping agency
Shipping agency is a service whereby the shipping agent provides, in the name of the shipowner or operator of the vessel, services in connection with vessel’s operation at the port, including the arrangement of formalities for the seagoing vessel to enter and depart the port; conclusion of contracts of carriage, marine insurance contracts, contracts for cargo handling, charterparties, and and crew employment contracts; insurance of bills of lading or similar carriage documents, furnishment of supplies, fuel and food for the seagoing vessel, submission of sea protests, communication with the shipowner or operator of the vessel; provision of services related to crew; receipt and payment of all amounts related to the vessel’s operation; and settlement of disputes over contracts of carriage of maritime accidents, and other services related to seagoing vessels.
Article 159.- Shipping agents
1. A shipping agent is a person authorized to act as a representative to perform within the scope of authority designated by the authorizer shipping agency services at the seaport.
2. The shipping agent may, after obtaining the consent of the shipowner or operator of the vessel perform shipping agency services for the shipper, the charterer and other persons having contractual relations with the shipowner or the operator of the vessel.
Article 160.- Shipping agency contracts
A shipping agency contract is a contract concluded in writing between the principal and a shipping agent, whereby the principal authorizes the shipping agent to perform shipping agency services for a certain call or for a specified period of time.
Article 161.- Responsibilities of shipping agents
1. The shipping agent shall have to carry out necessary activities for taking due care of and protecting the legitimate rights and interests of the principal; comply with his/her orders and instructions; promptly provide him/her necessary information about development relating to the authorized work; and accurately calculate the amounts received and spent relating to the authorized work.
2. The shipping agent shall be obliged to indemnify the shipowner for losses and or damage resulting from his/her fault.
Article 162.- Responsibilities of principals
1. The principal shall have to instruct his/her shipping agent to perform the authorized service when necessary and to give the latter, on demand, adequate advances for covering expenses for the authorized service.
2. Where the shipping agent has performed an act beyond the scope of his/her authority, the said act is nevertheless binding upon the principal unless the latter has, immediately upon receipt of information on the act, notified the other related parties that he/she does not recognized this act of the shipping agent.
Article 163.- Shipping agency service charges
The shipping agency service charge shall be agreed upon by the involved parties, unless otherwise provided for by law.
Article 164.- Statute of limitations for initiation of lawsuits regarding performance of shipping agency contracts
Statute of limitations for initiation of lawsuit regarding performance of shipping agency contracts is two years as from the date of arising of disputes.
Article 165.- Shipping agency for foreign public duty vessels, fishing vessels, hydroplanes and military vessels visiting Vietnam.
The provisions of this Section shall apply to foreign public-duty vessels, fishing vessels, hydroplanes and military vessels visiting Vietnam.
Section 2. SHIP BROKERAGE
Article 166.- Ship brokerage and shipbrokers
1. Ship brokerage is a service whereby a shipbroker acts as an intermediary under a ship brokerage contract for the involved parties in the transaction, negotiation and conclusion of contracts of carriage, of marine insurance, of charter, of sale and purchase of seagoing vessels, seagoing vessel towage contracts, crew employment contracts and other contracts pertaining to maritime shipping activities.
2. The shipbroker is the person performing the ship brokerage service.
Article 167.- Rights and obligations of shipbrokers
1. To serve the contracting parties provided that he/she must inform each party thereof, to pay due attention to the legitimate rights and interests of the involved parties.
2. To enjoy brokerage commission when the contract has been concluded as a result of his/her efforts. The shipbroker’s commission shall be mutually agreed between the shipbroker and his principal; in the absence of such agreement, the shipbroker’s commission shall be determined by local custom.
3. To be obliged to perform brokerage in an honest manner.
4. To be responsible for the legal status of the principals during the time of brokerage.
5. The ship broker’s liability shall terminate when the contract between the involved parties has been concluded, unless otherwise agreed.
Article 168.- Statute of limitations for initiation of lawsuits regarding performance of ship brokerage contracts
The statute of limitations for initiation of lawsuits regarding performance of ship brokerage contracts is two years as from the date of arising of disputes.
Chapter IX

MARITIME PILOTAGE

Article 169.- Regime of maritime pilotage in Vietnam
1. The employment of pilots in Vietnam aims to ensure marine navigation safety, marine navigation security and prevention of environmental pollution, and contribute to protecting the national sovereignty as well as exercising national sovereign rights and jurisdiction.
2. For Vietnamese seagoing vessels and foreign seagoing vessels, when operating in the Vietnamese navigable areas where maritime pilotage is compulsory, pilots must be employed for their navigation and pilotage dues must be paid. In navigable areas where maritime pilotage is not compulsory, the master may, if deeming it necessary to ensure safety, request a Vietnamese pilot to steer the vessel.
The Government shall specify cases of exemption from employment of Vietnamese pilots for steering for vessels operating in Vietnamese navigable areas where maritime pilotage is compulsory.
Article 170.- Maritime pilotage organization
1. The maritime pilotage organization is an organization providing services of navigating seagoing vessels to enter or leave seaports and to operate in Vietnamese navigable areas where maritime pilotage is compulsory.
2. The Government shall provide for the organization and operation of maritime pilotage.
Article 171.- Legal status of maritime pilots
1. The maritime pilot shall advice the master on navigating the vessel in navigational conditions in the areas where the maritime pilot steers the vessel. The employment of maritime pilots shall not relieve the master of the responsibility to command the vessel.
2. The maritime pilot, while steering the vessel, shall be under the command of the master of the steered vessel.
3. The master shall have the right to choose a maritime pilot or to suspend the maritime pilot’s service and request his/her substitution.
Article 172.- Conditions for practicing pilotage
1. Being Vietnamese citizens
2. Being physically fit
3. Having a certificate of maritime pilotage competence.
4. Piloting vessels only in the maritime pilotage area in conformity with the granted maritime pilotage area certificate.
5. Being under the management of a maritime pilotage organization.
Article 173.- Rights and obligations of maritime pilots when steering vessels
1. The maritime pilot shall have the right to refuse to steer the vessel and inform the responsible port authority and maritime pilotage organization when the master deliberately disobeys his/her instructions or reasonable recommendations in the presence of a third party.
2. The maritime pilot shall be obliged to furnish the master with all instructions concerning the navigational conditions in the area of pilotage and to recommend the master on activities incompliant with regulations on marine navigation safety and other relevant provisions of law.
3. The maritime pilot shall be obliged to notify the port authority of the steering of the vessel and dangerous navigational changes which he/she has detected while steering the vessel.
4. The maritime pilot must exercise his/her obligations with due diligence. The maritime pilot’s steering duties shall terminate when securing the vessel at anchor, mooring it or safely taking it to the agreed place or being substituted by another pilot. The maritime pilot shall not be allowed to leave the vessel without the consent of the master.
Article 174.- Obligations of masters and shipowners when employing maritime pilots
1. The shipmaster shall be obliged to furnish the maritime pilot with accurate information on the navigational properties and characteristics of the vessel; to ensure the pilot’s safety when boarding and leaving the vessel; to provide the pilot with working and accommodation facilities throughout his/her stay on board the vessel.
2. The shipowner shall have to compensate for losses resulting from the maritime pilot’s mistakes while steering the vessel as for those resulting from mistakes of the vessel’s crewmen.
3. For the safety reason, if the maritime pilot cannot depart from the vessel after he/she has fulfilled his/her duties, the master must arrange the vessel to call at the nearest port for the maritime pilot’s departure. The shipowner or the operator of the vessel shall have to arrange for the maritime pilot’s return to the place where he/she was received and pay all the expenses arising therefrom.
Article 175.-Liabitlity of maritime pilots upon occurrence of losses resulting from steering mistakes
The maritime pilot shall only bear administrative or criminal liability for losses resulting from his/her steering mistakes in accordance with the provisions of law but not bear civil liability therefore.
Article 176.-Detailed regulations on maritime pilots
1. The Transport Minister shall provide for navigable areas where pilotage is compulsory, criteria for training, grant and withdrawal of maritime pilotage competence certificates and maritime pilotage area certificates.
2. The Finance Ministry shall provide for the maritime pilotage tariff in Vietnam after consulting the Transport Ministry.
Article 177.- Pilotage for foreign public-duty vessels, fishing vessels, inland waterway crafts, hydroplanes and military vessels
The provisions of this Section shall apply to foreign public-duty vessels, fishing vessels, inland waterway crafts, hydroplanes and military vessels visiting Vietnam.
Chapter X

TOWAGE OF SEAGOING VESSELS

Article 178.- Towage of seagoing vessels
1. Towage of seagoing vessels means towing, pulling away, pushing or standing by seagoing vessels or other floating objects on the sea and in seaport waters by towing vessels.
2. Towage of seagoing vessels includes towage on the sea and assisting towage in seaport waters.
Article 179.-Contracts for towage of seagoing vessels
1. A contract for towage of a seagoing vessel is a contract concluded in writing between the owner of a towing vessel and the towage hirer, except for assisting towage in seaport waters.
2. The seagoing – vessel towage service charges shall be agreed upon by the involved parties, unless otherwise provided for by law.
Article 180.- The right to command towage of seagoing vessels
1. The towing vessel and the seagoing vessel or other towed objects constitute a towage team. A towage team shall be set up as soon as the towing vessel and other vessels forming the towage team are ready to carry out necessary maneuvers on the order of the commander of the towage team, and it shall break up as soon as the last maneuver is completed and the vessels forming the towage team have sailed away one from another to a safe distance.
2. The commander of the towage team shall be determined by agreement between the parties to the contract for towage of the seagoing –vessel; in the absence of such agreement, he/she shall be determined by local custom.
3. The right to command assistance towage in seaport waters shall be vested in the master of the towed vessel.
Article 181.- Obligations of the parties to contracts for towage of seagoing vessels
1. The owner of the towing vessel shall be obliged to provide at the agreed time and place a towing vessel with technical conditions as agreed upon in the contract for towage of the seagoing vessel.
2. The towage hirer shall be obliged to prepare all safety conditions for vessels as agreed upon in the contract for towage of the seagoing vessel.
Article 182.- Liability to compensate for damage arising from towage of seagoing vessels
1. The owner of the vessel whose master is in navigational command of the towage team shall be liable for damage to another vessel in the team as well as to persons and properties on board such vessel, unless he/she proves that such damage has occurred beyond the scope of his/her liability.
2. A vessel which is under the navigational command of the master of another vessel shall not be relieved of the liability to take care of the safety of the towage team; the shipowner shall be liable for damage caused by his/her vessel’s fault to another vessel in the team as well as to persons and properties on board such vessel.
3. In the course of performance of the contract for towage of the seagoing vessel, if damage has been caused to a third party, the contractual parties shall have to compensate for such damage corresponding to the extent of each party’s fault.
Article 183.- Statute of limitations for initiation of lawsuits regarding performance of contracts for towage of seagoing vessels
The statute of limitations for initiation of lawsuits regarding performance of contracts for towage of seagoing vessels is two years as from the date of arising of disputes.
Article 184.- Towage of military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes
The provisions of this Section shall apply to military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes.
Chapter XI

MARITIME SALVAGE

Article 185.- Maritime salvage
1. Maritime salvage is an operation for saving a seagoing vessel or properties on board from danger or an action of rendering assistance to a seagoing vessel in peril at sea or in the seaport waters, which is undertaken under a maritime salvage contract.
2. A maritime salvage contract is a contract concluded between a salvor and the owner of the salvaged property on the salvage. The master of the seagoing vessel in distress may conclude on behalf of the shipowner a salvage contract. The master or shipowner of the seagoing vessel in distress may conclude on behalf of the owner of the cargo carried on board the vessela contract for salvage of such cargo.
3. A maritime salvage contract shall be concluded in the form as agreed upon by the involved parties.
4. The parties to a maritime salvage contract may request the cancellation or modification of the unreasonable conditions in the contract if they were agreed upon in an urgent and dangerous circumstance and under the influence of such circumstance or where the parties can prove that they were deceived or misled to have concluded the contract or where the salvage remuneration agreed upon is too lower or too higher than what is actually deserved.
Article 186.- Obligations of salvors, shipowners and masters
1. In the course of salvage, the salvor shall have the following obligations:
a. To conduct salvage with due diligence;
b. To apply appropriate measures to avert or reduce damage to the environment;
c. To request assistance from other salvors when necessary;
d. To accept salvage acts of other salvors at reasonable requests of the shipowner, the master of the seagoing vessel or the owner of the property in danger. In this case, the salvage remuneration of such salvor shall not be affected if the salvage by other salvors is unreasonable.
2. The shipowner, the master of the seagoing vessel or the owner of the property in danger shall have the following obligation:
a. To cooperate with the salvor throughout the process of salvage;
b. To act with due diligence to avert or reduce damage to the environment when being salved;
c. When the seagoing vessel or other property is taken to a safe place, to deliver such seagoing vessel or property to the salvor if the salvor has a reasonable request therefore.
Article 187.- The right to salvage remuneration
1. All operations of maritime salvage that have brought about useful results shall be entitled to reasonable salvage remuneration
2. The salvage remuneration comprises the salvage remuneration, salvage expenses, expenses incurred in the transportation and preservation of the salved vessel or property, and the remuneration reward.
3. The salvage remuneration is also paid in cases where the salvor has conducted direct or indirect salvage operations to assist the owner of the salvaged property in protecting his/her interests related to freight and passage money due for the carriage of passengers; and where the salved and the salving vessels belong to the same shipowner.
4. Salvage operations contrary to an express and reasonable decision of the master of the salved seagoing vessel shall not be entitled to salvage remuneration.
Article 188.- Principles for determination of salvage remuneration
1. The salvage remuneration shall be agreed upon in the salvage contract but must be reasonable and not exceed the value of the seagoing vessel or property salved.
2. Where the salvage remuneration is not agreed upon in the contract or is unreasonable, it shall be determined on the following basis:
a. The value of the salved seagoing vessel and property;
b. Skills and efforts of the salvor in averting or minimizing the environmental pollution damage;
c. The effect of the salvage by the salvor;
d. The nature and degree of danger of the accident;
e. Skills and efforts of the salvor in salving the seagoing vessel, people and property on board;
f. The time spent, expenses incurred and related losses suffered by the salvor;
g. The risk of liability and other risks faced by the salvor or the equipment employed for the salvage;
h. The timeliness of the salvage operations performed by the salvor;
i. The readiness and capability of the vessel(s) and other equipment employed for the salvage.
j. The readiness, effectiveness and value of the equipment employed for the salvage.
3. The salvage remuneration may be reduced or disallowed if the salvor has by his/her fault caused the necessity of the salvage or has committed theft, deceitful or fraudulent act when performing the salvage contract.
Article 189.- Special remuneration in maritime salvage
1. Where the salvor who has performed salvage operations related to the seagoing vessel or cargo on board threatening to cause damage to the environment is not entitled to the remuneration determined under Clauses 1 and 2, Article 188 of this Code, he/she shall have the right to a special remuneration paid by the shipowner.
2. The special remuneration stated in Clause 1 of this Article to be paid by the shipowner to the salvor shall not exceed 30% of the expenses incurred by the salvor. In cases where a lawsuits is initiated, if deeming it reasonable and on the basis of the provisions of Clause 2, Article 188 of this Code, the court or arbitration may decide to increase the special remuneration, which, however, must not exceed 100% of the expenses incurred by the salvor.
3. Expenses incurred by the salvor stated in Clause 1 and Clause 2 of this Article include reasonable expenses directly incurred by the salvor and other reasonable expenses arising from the actual employment of equipment and employees for the salvage operations. The determination of expenses incurred by the salvor shall comply with the provisions of Points h, i and j, Clause 2, Article 188 of this Code.
4. In all cases, the whole special remuneration provided for in this Article shall be paid only when it is bigger than the salvage remuneration the salvor may enjoy under the provisions of Article 188 of this Code and constitute the difference between the special remuneration and the salvage remuneration.
5. The salvor may not be entitled to part or the whole of such special remuneration if, due to his/her neglect, the environmental pollution damage cannot be averted or minimized.
6. The provisions of this Article shall not effect the shipowner’s right to recourse against the parties that have their seagoing vessels and/or property salved.
Article 190.- Principles for determining the value of seagoing vessels or property salved
The value of salved vessel or property is the actual value of the vessel or property at the place where it is kept after being salved or is the proceeds from the sale, the assessment of the property after deducting the costs of deposit, preservation and organization of the auction and other related expenses.
Article 191.- Life-saving reward in salvage remuneration
1. Persons whose lives have been saved shall not be obliged to pay any money to their rescuers.
2. A rescuer of human life shall be entitled to a fair reward in the remuneration or special remuneration due for the salvage of a property, if his/her life-saving acts have been related to the accident giving rise to the salvage of such property.
Article 192.- Salvage reward in other cases
Those who are performing the duties of maritime pilotage or towage of a seagoing vessel shall be entitled to a salvage reward if they have rendered exceptional assistance beyond the scope of their contract for salvage of such seagoing vessel.
Article 193.- Division of maritime salvage remuneration
1. The salvage remuneration shall be divided equally between the shipowner and the crew of the salving vessel after deducting expenses incurred and damage suffered by the vessel as well as expenses and losses on the part of the shipowner or the crew related to the salvage operations.
This principle shall not be applicable to vessels exclusively employed for professional salvage.
2. Where more than one vessel take part in the salvage, the division of the salvage remuneration shall comply with the provisions of Clause 2, Article 188 of this Code.
3. The Transport Minister shall provide for the division of the salvage remuneration among the crew of Vietnamese seagoing vessels.
Article 194.- The right to detain salved seagoing vessels or property
1. The salved seagoing vessel or property may be detained to secure the payment of the salvage remuneration and other costs related to the valuation and organization of an auction.
2. The salvor shall not permitted to exercise the right to detain the salved seagoing vessel or property if the shipowner or the owner of such property has provided an adequate security for his/her claim for payment of the salvage remuneration, including profits and related expenses.
Article 195.- Statute of limitations for initiation of lawsuits regarding performance of contracts for maritime salvage
The statute of limitations for inititation of lawsuits regarding performance of contracts for maritime salvage is two years as from the date of completion of salvage operations.
Article 196.- Maritime salvage of military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes
The provisions of this Section shall apply to military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes.
Chapter XII

RECOVERY OF SUNKEN PROPERTY

Article 197.- Sunken property
1. Sunken property means seagoing vessels, military vessels, public-duty vessels, fishing vessels, inland water crafts, hydroplanes, cargo or other objects sunken in the internal waters or territorial sea of Vietnam or floating on the sea or washed ashore the Vietnamese coast.
2. Dangerous sunken property means property that obstructs or imperils maritime shipping activities or marine resources; threatens people’s life and health; pollutes the environment.
Article 198.- Obligations of owners of sunken property
1. The owner of sunken property shall be obliged to recover his/her sunken property and bear all expenses arising therefrom, except for the case specified in Clause 2 of this Article. Where the owner of sunken property fails to recover the sunken property or cannot recover it within the time limit as requested, competent state agencies defined in Article 205 of this Code shall decide on the recovery of such property.
2. Where the sunken property is a segoing vessel, cargo or other objects from a seagoing vessel, the shipowner shall be obliged to recover the sunken property and bear all expenses arising therefrom. The manager, the operator of the seagoing vessel shall bear joint responsibility for such recovery and payment of expenses arising therefrom.
3. Where the sunken property causes environmental pollution, its owner shall have to take all measures to avert and limit the damage resulting therefrom and compensate for the environmental pollution damage according to the provisions of law.
Article 199.- Time limit for notification and recovery of sunken property
Except for the case specified in Article 200 of this Code, the time limit for notification and recovery of sunken property is specified as follows:
1. Within thirty days as from the date the property is sunk, its owner must notify the competent state agency specified in Article 2005 of this Code of the recovery and the expected date for completion of the recovery.
2. Within thirty days as from the date of receipt of the above-said notification, the competent sate agency specified in Article 2005 of this Code shall decide on the expected time for completion of recovery operations or fix the time limit within which the owner of the sunken property must complete recovery operations, provided that this time limit shall not exceed one year.
Article 200.- Recovery of dangerous sunken property
1. Immediately after an incident occurs, the owner of dangerous sunken property shall be obliged to notify it to the director of the port authority in the nearest place and must recover or destroy suc property within the time limit as decided by the Transport Minister. Where the owner fails to perform the recovery or the person designated by the owner is unable to recover the property within the specified time limit, the Transport Minister shall organize the recovery and fix for the owner a time limit for reimbursement of the costs incurred therefrom.
The owner must compensate for related losses and shall be penalized according to the provisions of law even when he/she has lost the ownership over his/her sunken property under the provisions of Clause 1, Article 202 of this Code.
2. After thirty days of receipt pf the notification of the recovery of his/her property, if the owner fails to claim delivery of the property or to pay the related costs within the fixed time limit, the Transport Minister shall decide to sell the property by auction. Where the dangerous sunken property is of an easy-to-deteriorate kind, the Transport Minister shall decide to sell it by auction immediately after its recovery. Such auction shall be conducted in accordance with the provisions of law.
3. Out of the proceeds from the auction, the balance must be deposited at a bank after deducting the costs of the recovery, expenses for the preservation and auction of the property as well as other reasonable expenses specified in Clause 2 of this Article, and notified to the owner of the property; after one hundred eighty days counting from the date of such notification, if the owner of the property fails to receive the balance, it and its interest shall be remitted into state coffers.
4. Where the proceeds obtained from the auction of the sunken property as provided for in Clause 3 of this Article is not enough to cover the costs and expenses incurred, the owner of the sunken property must fully pay the deficit within the time limit fixed by the agency that has decided on the recovery of such sunken property; if the owner of the sunken property is unable to pay or his unknown, the deficit shall be covered with the state budget.
Article 201.- Pre-emptive right to recovery of sunken property
Vietnamese organizations and individuals shall be prioritized to conclude contracts for recovery of property sunk in the Vietnamese internal waters or territorial sea.
Article 202.- Loss of ownership over sunken property
1. The owner of the sunken property shall lose his/her ownership over such property if he/she fails to notify or recover the property within the time limit specified in Articles 199 and 200 of this Code and, in the case, such sunken property shall automatically belong the Vietnamese state.
2. In the case stated in Clause 1 of this Article, competent state agencies specified in Article 205 of this Code shall decide on the disposal of the sunken property.
3. The owner of the dangerous sunken property who has lost his/her ownership under the provisions of Clause 1 of this Article shall still have to compensate for any damage and be penalized under the provision of law.
Article 203.- Disposal of sunken property which is incidentally recovered
1. Immediately after incidentally recovering property sunken in the Vietnamese internal waters or territorial sea or transporting incidentally recovered property into the Vietnamese internal waters or territorial sea, the recoverer must notify competent state agencies specified in Article 205 of this Code the time, place and relevant circumstances of the recovery of the property; protect such property till the delivery thereof to its owner or competent state agencies and, if conditions permit, notify the owner of the property thereof.
2. Where the recovered property mentioned in Clause 1 of this Article if of an easy-to-deteriorate kind, or where its preservation requires excessive costs, the recoverer may dispose of the property according to the provisions of Clauses 2 and 3, Article 200 of this Code.
3. Within fifteen days from the date of notification of the recovery, if the owner of the property fails to claim delivery of the property or to pay the amounts due, the recoverer shall be obliged to deliver the recovered property to competent state agencies specified in Article 205 of this Cose.
4. Within sixty days from the date of notification of the recovery, if the owner of the property mentioned in Clause 3 of this Article fails to have any actions to protect his/her interests, competent state agencies specified in Article 205 of this Code may dispose of the property according to the provisions of Clauses 2 and 3, Article 200 of this Code.
5. In the case specified in Clause 1 of this Article, the recoverer shall be entitled to a recovery remuneration and the reimbursement of related costs and expenses, the amount of which shall be determined on the principles applied to maritime salvage remuneration.
6. Where the owner of the sunken property is unknown, the recovered property shall be disposed of according to the provisions of law
Article 204.- Disposal of property floating on the sea or washed ashore
1. The disposal of property floating on the sea or washed ashore shall comply with the provisions of Clauses 1,2, 3, 4 and 6, Article 203 of this Code.
2. Those who have found, salved or participated in salving another person’s property floating on the sea shall be entitled to a remuneration on the principles applied to maritime salvage remuneration, provide that he/she has notified the owner of the property of his/her claim not later than the time of delivery of the property.
3. Those who have found and preserved property washed ashore shall be entitled to a reward and the reimbursement of preservation expenses not exceeding 30% of the market value of such property, provided that he/she has notified the owner of the property of his/her claim not later than the time of delivery of the property.
Article 205.- Competence to dispose of sunken property
1. The Transport Ministry shall assume the prime responsibility for organizing the disposal of dangerous sunken property.
2. The Cultural and Information Ministry shall assume the prime responsibility for organizing the disposal of sunken property being cultural heritage.
3. The Defense Ministry shall assume the prime responsibility for organizing the disposal of sunken property related to defense and security and of property sunken in military zones.
4. The People’s Committees of provinces or centrally-run cities shall assume the prime responsibility for organizing the disposal of sunken property other than those mentioned in Clauses 1, 2 and 3 of this Article.
5. The Government shall provide in detail for the disposal of sunken property.
Chapter XIII

COLLISIONS

Article 206.- Collisions
Collisions means a collision which has occurred between seagoing vessels, between a seagoing vessel and an inland water craft or a hydroplane, or between other floating structures on the sea or in the seaport waters.
Article 207.- Obligations of masters when collisions occur
1. After a collision occurs, the master of each of the vessels in collision shall be obliged to render assistance to the other vessel, persons and property on board so far as he/she can do so without serious danger to his/her vessel as well as the persons and property on board his/her vessel.
2. Immediately after a collision occurs, the master of each of the vessels shall be obliged to inform the master of the other vessel the name of his/her own vessel, its call-sign, the port of registration and the names of the ports from which his/her vessel has come and to which it is bound.
3. The shipowner shall not be responsible for his/her master’s failure to perform the obligations specified in Clauses 1 and 2 of this Article.
Article 208.- Principles for identification of faults and compensation for losses resulting from collisions.
1. A vessel at fault in a collision is a vessel causing a collision as a result of its operation or omission in equipping, navigation and management of the vessel, in observing regulations on the prevention of collisions at sea and regulations on assurance of marine navigation safety or as a result of non-compliance with necessary professional customs.
2. The vessel at fault in a collision shall be liable for damage caused to another vessel or to persons and property involved in such collision. Where both or many vessels are at fault in a collision, each of them shall be liable in proportion to the degree of its fault; where the degree of the fault is equal or its is impossible to establish the specific degree of the fault of each vessel, the liability for compensation shall be equally divided to the involved vessels.
3. Where the fault is not clearly determined, no vessel shall be held liable for the collision.
4. In case of compensation for loss of life, personal injuries or other health damage, the vessels at fault in the collision shall bear joint liability. A vessel which has paid compensation in excess of its liability shall be entitled to recover from the other vessels the sum paid in excess.
5. A military vessel shall be relieve of the compensation liability only if it, due to its fault, has caused a collision when performing its duties in the military exercise areas or no-maritime shipping areas already declared, but its master must, if practical conditions permits, perform his/her obligations specified in Clauses 1 and 2, Article 207 of this Code.
6. Pursuant to the provisions of Clauses 1,2, 3, 4 and 5 of this Article, the parties involved in a collision may reach agreement on their own to determine the degrees of their faults and liabilities for compensation for losses resulting from the collision; if they cannot reach such agreement, they may initiate a lawsuit at an arbitration or a competent court.
Article 209.- Collisions due to force majeure, accidental events or unidentified fault
Where a collision has occurred by force majeure by an accidental event or where it is impossible to determine which vessel is at fault, the damage shall be borne by the vessel that has suffered it, even when the vessel is at anchor, moored to or alongside another vessel at the time of the collision.
Article 210.- Indirect collisions
The provisions of this Chapter shall be also applied when vessel has caused damage to another vessel or persons or property on board such vessel even though no direct collision has occurred.
Article 211.- Statute of limitations for initiation of lawsuits regarding collisions
1. The statute of limitations for initiation of lawsuits regarding collisions is two years as from the date of occurrence of collisions.
2. The statute of limitations for initiation of lawsuits regarding claims for reimbursement of excessive amounts stipulated in Clause 4, Article 208 of this Code is one year as from the date of payment of compensation money.
Article 212.- Collisions of military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes
The provisions of this Section shall apply to military vessels, public-duty vessels, fishing vessels, inland waterway crafts and hydroplanes.
Chapter XIV

GENERAL AVERAGE

Article 213.- General average
1. General average means extraordinary sacrifices or expenditure intentionally and reasonably made or incurred for the common safety for the purpose of preserving from a common peril the vessel, cargo, luggage, freight or passage money for the carriage of passengers.
2. Only losses, damage and expenses which are the direct consequence of the general average act may be accounted as general average.
3. All losses, damage and expenses which are related to damage to the environmental or the consequence of the leakage or discharge of pollutants from the property on board the vessel during its voyage shall not be accounted as general average in any circumstance.
4. Demurrage money and any loss or damage incurred or expenses paid for delay during or after the voyage and any direct damage shall not be accounted as general average.
5. Extra expenses in excess of the necessary expenses which would have been accounted as general average, but only within a reasonable limit on a case-by-case basis.
Article 214.- Apportion of general average
1. General average shall be apportioned in proportions between the value of the loss resulting from the action causing general average and the value saved at the place where and time when the vessel calls immediately after the general average occurs.
2. The provisions of Clause 1 of this Article shall be also applied to the case where the peril has been due to the fault of any party with interests in the general average or a third party.
3. The apportionment of general average shall not preclude the right of any involved party to claim compensation from the party at fault.
4. The principles applicable to a detailed adjustment of the loss value and contribution value shall be agreed by the parties in the contract. In the absence of such agreement, adjusters shall settle in accordance with the provisions of this Chapter and international custom.
Article 215.- Apportion of general average to cargoes loaded on board without permission
Any loss of the cargo loaded on board without permission or wrongly declared in terms of its kind and value shall not be accounted as general average; however, such cargo, if saved from a common peril, shall be subject to a corresponding contribution value.
Article 216.- Particular average
Any loss of or damage to the vessel, cargo luggage, freight and passage money for the carriage of passengers which is not allowed to be accounted as general average under the provisions of Article 213 of this Code shall be referred to as particular average. Those who suffer from such loss or damage shall not be entitled to compensation unless he/she proves that such loss or damage has been caused by another party’s fault.
Article 217.- Declaration of general average and appointment of general average adjusters
1. The identification of a general average, the assessment of the amount of general average and its apportionment shall be carried out by general average adjusters appointed by the shipowner.
2. The shipowner is the only person entitled to declare a general average and shall appoint his/her general average adjuster within thirty days after the date of declaration of general average occurrence.
Article 218.- Statute of limitations for initiation of lawsuits regarding general average
The statute of limitations for initiation of lawsuits regarding general average is two years as from the date of occurrence of general average. The period for apportion of general average shall not be counted in this statute of limitations.
Chapter XV

LIMITATION OF CIVIL LIABILITY FOR MARITIME CLAIMS

Article 219.- Persons entitled to limit civil liability
1. The shipowner shall be entitled to limit civil liability for maritime claims specified in Article 220 of this Code.
2. The shipowner’s right to limit civil liability shall be also applied on similar principles to the salvor, the operator, the charterer and the manager of the vessel where the shipowner or any of such persons must be liable for his/her act, neglect or fault.
3. Where the assured is entitled to limit his/her liability for maritime claims, the insurer liable for these maritime claims shall be also entitled to limit his/her liability like the assured.
4. The exercise of the right to limit liability does not mean that the person entitled to such right has acknowledged all liabilities.
5. The person entitled to limit liability under the provisions of this Chapter shall lose his/her right to limit civil liability if the loss is proved to be the consequence of his/her fault.
Article 220.- Maritime claims subject to limitation of civil liability
1. Claims in respect of loss of life, personal injury or another health damage; loss of or damage to property, including damage to harbor facilities, areas for anchorage and navigable channels and aids to navigation, occurring on board or in direct connection with the operation of the seagoing vessel or with salvage operations, and consequential loss resulting therefrom.
2. Claims in respect of loss resulting from delay in the carriage of cargo, passengers or their luggage by sea.
3. Claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the seagoing vessel or salvage operations.
4. Claims in respect of the recovery, removal, destruction or the rendering harmless of a seagoing vessel which is sunk, wrecked, destroyed or abandoned, including property that is or has been on board such vessel.
5. Claims in respect of the removal, destruction or the rendering harmless of the cargo on board the seagoing vessel.
6. Claims of a person other than the person who has civil liability in respect of measures taken by himself/herself in order to avert or minimize loss for which such person may limit his/her liability, and further loss caused by the application of such measures.
Article 221.- Maritime claims not subject to limitation of civil liability
1. Claims for salvage remuneration or contribution in general average
2. Claims for oil pollution damage
3. Claims for nuclear damage;
4. Claims by servants of the shipowner or salvor whose duties are related to the seagoing vessel or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the labor contract between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his/her civil liability for such claims, or if he/she is only permitted to limit his/her civil liability to an amount greater than that specified in Article 222 of this Code.
Article 222.- Limits of civil liability
1. The limits of civil liability for maritime claims in respect of loss of life, personal injury or health damage to passengers carried by sea and loss of or damage to their luggage shall comply with the provisions of Article 132 of this Code.
2. The limits of civil liability for maritime claims in respect of loss of life, personal injury or health damage to non-passengers are specified as follows:
a. 167,000 units of account for a seagoing vessel with a tonnage not exceeding 300 GT;
b. 333,000 units of account for a seagoing vessel with a tonnage of between 300 GT and 500 GT;
c. For a seagoing vessel with a tonnage over 500 GT, the following amount in addition to that mentioned at Point b of this Clause: for each GT from 501 to 3,000GT, 500 units of account; for each GT from 3,001 to 30,000 GT, 333 units of account; for each GT from 30,001 to 70,000 GT, 250 units of account; and for each GT in excess of 70,000GT, 167 units of account.
3. The limits of civil liability for other maritime claims are specified as follows:
a. 83,000 units of account for a seagoing vessel with a tonnage not exceeding 300GT;
b. 167,000 units of account for a seagoing vessel with a tonnage of between 300GT and 500GT;
c. For a ship with a tonnage in excess of 500 GT, the following amount in addition to that mentioned at Point b of this Clause: for each GT from 501 to 30,000 GT, 167 units of account; for each GT from 30,001 to 70,000 GT, 125 units of account; and for each GT in excess of 70,000GT, 83 units of account.
4. Where the total amount calculated under Clause 2 of this Article is insufficient to pay such maritime claims, the total amount calculated under Clause 3 of this Article shall b used to pay the unpaid balance of maritime claims under Clause 2 of this Article and such unpaid balance shall rank rateable with other maritime claims under Clause 2 of this Article.
5. Maritime claims specified in Clause 3 of this Article and related to damage to harbor facilities, areas for anchorage, navigable channels and aids to navigation shall be the first to be settled.
6. The limits of liability of the salvor not operating from any seagoing vessel or operating solely on the vessel to, or in respect of which he/she is rendering salvage services, shall be calculated according to a tonnage of 1,500 GT.
7. The limits of liability provided for in this Article shall apply to the total value of all claims which arise from a distinct case.
8. The limits of civil provided for in this Article shall be converted into Vietnam dong at the exchange rate applied at the time of payment.
9. Total tonnage is the seagoing vessel’s gross tonnage (GT) calculated in accordance with the 1969 International Convention on Tonnage Measurement of Ships
Article 223.- The compensation assurance fund
1. Those who are entitled to limit their civil liability under the provisions of this Code may constitute a compensation assurance fund for settlement of maritime claims for which they are entitled to limit their liability. The compensation assurance fund shall be constituted in the sum of such of the amounts specified in Article 222 of this Code together with interest thereon from the date of the occurrence giving rise to the maritime claims until the date of the constitution of the fund.
2. The compensation assurance fund shall be distributed among the claimants in proportion to their established claims against the total value of the fund.
3. A compensation assurance fund may be constituted by the shipowner’s depositing the sum or producing another financial guarantee acceptable by the court which has accepted the case.
4. After the compensation assurance fund has been constituted, nobody may infringe upon the interests or property of the liable person. The court shall have the right to release the seized property of the liable person or terminate similar guarantees already provided by the liable person.
5. If, before the compensation assurance fund is distributed, the person liable, or any of those who are entitled to limit their civil liability under the provisions of this Code, has settled a maritime claim falling within scope of compensation by the fund, such person shall, up to the amount he/she has paid, enjoy by subrogation all interests from the fund with respect to the settled maritime claim.
6. The constitution of a compensation assurance fund does not mean that the shipowner has acknowledged all liabilities.
Chapter XVI

CONTRACTS OF MARINE INSURANCE

Section 2. GENERAL PROVISIONS
Article 224.- Contracts of marine insurance
1. A contract of marine insurance is a contract of insurance for maritime perils whereby the insurer undertakes to indemnify the assured, in the manner and under the conditions agreed in it, against marine losses covered by insurance.
Maritime perils mean the perils incidental to the navigation of the sea, including perils of the seas, fires, explosions, war perils, pirates, thieves, attachments, captures, seizures, detentions, jettisons, acquisitions, requisitions, compulsory purchases, illegal acts and similar perils or any other perils as agreed upon in the insurance contract.
2. A contract of marine insurance may be extended in accordance with specific conditions or custom so as to protect the interests of the assured against losses occurring on inland waters or land or railway that may be incidental to a voyage.
3. The contract of marine insurance must be concluded in writing.
Article 225.- Subjects of marine insurance
A subject of marine insurance may be any material interest related to maritime shipping activities and appraisable in terms of money, including seagoing vessel, seagoing vessel in course of building, cargo, freight, passage money for the carriage of passengers, charter-hire, hire and purchase money, expected profit on cargo, commission, general average costs, obligations arising under civil liability and sums of money secured by vessel, cargo or freight.
Article 226.- Identification of insurable interests
1. A person with an insurable interest is a person who is interested in a subject of insurance in a sea voyage.
2. A person is interested in a sea voyage when he/she has grounds to prove that he/she has any relation to the voyage or to any subject of insurance at risk in it, in consequence of which such person may benefit by the safe and due arrival of the subject of insurance, or may not benefit by its loss or by damage to it or by the detention of it, or may incur liability in respect of it.
3. The assured must have interest in the subject of insurance at the time of occurrence of the loss though the assured need to be interested in the subject of insurance when the insurance is effected. When the subject of insurance is insured under the “lost or not lost” condition, the assured may recover although the assured may not have acquired that interest until after the loss occurred, unless the assured was aware of the loss and the insurer was not.
Where the assured has no interest in the subject of insurance at the time of occurrence of the loss, the assured cannot acquire interest by any act or selection after the assured is aware of the loss.
4. Where the buyer of goods has insured them, the buyer shall have an insurable interest, even though the buyer might have rejected the goods or have treated them as at the seller’s risk, by reason of the latter’s delay in making delivery or otherwise.
Article 227.- Reinsurance
1. The insurer may reinsure to another insurer the subject of insurance which the insurer has accepted to insure.
2. The contract of reinsurance is independent from the original contract of insurance while the original insurer shall be still responsible to the assured.
Article 228.- Marine policy, insurance certificate
1. At the request of the assured, the insurer shall be obliged to issue to him/her a marine policy or insurance certificate. The marine policy or certificate shall constitute en evidence of the conclusion of the contract of marine insurance.
2. A marine policy may be issued in the following forms:
a. Voyage policy, which is a policy issued to a subject of insurance from one place to another or others;
b. Time policy, which is a policy issued to a subject of insurance for a definite period of time;
c. Valued policy, which is a policy in which the insurer has agreed in advance to the value of the subject of insurance as specified in the policy, which is compatible with the insurable value and shall be used for indemnification for total or partial loss.
Unless the policy otherwise provides, the value specified in the policy and the provisions of Clause 1, Article 254 of this Code shall serve as a basis for determining whether there has been a constructive total loss.
d. Unvalued policy, which is a policy that does not specify the value of the subject of insurance, but, specifies the sum insured.
3. A marine policy should contain the following basic details:
a. The name of the assured, or of the assured’s representative;
b. The subject of insurance;
c. The insurance conditions;
d. The period of time covered by the insurance;
e. The sum insured;
f. The place, date and hour of issue of the policy;
g. The insurer’s signature for certification.
4. The forms and basic details of a marine policy shall apply to insurance certificates.
Article 229.-Obligations of the assured
1. The assured shall be obliged to inform the insurer of all information which the assured has known or should have known in relation to the conclusion of the contract of insurance, and may affect the assessment by the insurer of the possible risk or the decision by the insurer as to whether or not the insurance proposal and the terms of the contract should be accepted, except information which is common knowledge or has been known or should have been known to the insurer.
2. The obligation of the assured specified in Clause 1 of this Article shall be also applied to the assured’s representative.
Article 230.- Automatic invalidation of contracts of marine insurance
A contract of marine insurance shall automatically become invalid if at the time of its conclusion the peril covered by insurance has already occurred or where the possibility of its occurrence does not exist in reality; in this case, the insurer shall not have to indemnify but shall retain the right to the insurance premium as contracted, unless before concluding the contract, the insurer knew about such event.
Article 231.- The right to terminate contracts of marine insurance
1. Where the assured intentionally commits a breach of his/her obligation set out in Article 229 of this Code, the insurer shall have the right to terminate the contract. Where the assured fails to provide information or provides inaccurate information according to the provisions of Article 229 of this Code not due to his/her fault, the insurer shall have no right to terminate the contract, but may request a reasonable increase of the insurance premium.
2. Before the commencement of the insurance liability, the assured may request the termination of the contract of marine insurance, provided that he/she pays the insurer all administrative costs, and the insurer must refund the insurance premium to the assured.
3. The insurer and the assured must not terminate their contract once the insurance liability has commenced, unless otherwise agreed upon in the contract.
Where it is agreed in the contract that the contract may terminate after the insurance liability commences and the assured requests termination of the contract, the insurer shall have the right to the insurance premium from the date of commencement of the insurance liability to the date of termination of the contract, and the refunded premium shall correspond to the remaining time. Where the insure requests termination of the contract, the insurance premium amount of the remaining time shall be refunded to the assured for the period of time from the date of request for termination to the date of expiration of the contract.
4. The provisions of Clause 2 of this Article shall not apply to the case where the assured requests termination of the cargo or voyage policy for the seagoing vessel after the commencement of the insurance liability.
Section 2. INSURABLE VALUE AND SUM ASSURED
Article 232.- Insurable value
Insurable value is the real value of the subject of insurance and determined as follows:
1. The insurable value of the seagoing vessel is its total value at the commencement of the insurance. This value also includes the value of its machinery, equipment, spare parts and stores plus the whole insurance premium amount. The insurable value of the seagoing may also include money advanced for crew’s wages and other disbursements incurred to make the ship fit for the voyage as agreed upon in the policy.
2. The insurable value of the cargo is its value invoiced at the place of loading or its market value at the place and time of loadling plus the insurance premium, the freight and may include the expected profit;
3. The insurable value of the freight is the gross amount of freight plus the insurance premium. Where the charterer has the freight insured, this amount of freight is included in the insurable value of the cargo for insurance;
4. The insurable value of any other subject of insurance, except obligations arising under civil liability, is the value of the subject of insurance at the place and time of the commencement of the insurance, plus the insurance premium.
Article 233.- The insured sum
1. Upon concluding a contract of marine insurance, the assured must declare the sum for which the subject of insurance is insured (hereinafter referred to as the insured sum).
2. Where the insured sum as specified in the contract is lower than the insurable value, the insurer shall be liable for losses in such proportions as the insured amount bears to the insurable value, including other expenses under the insurance.
3. Where the insured sum as specified in the contract exceeds the insurable value, the amount in excess of the insured sum shall not be accepted.
Article 234.- Double insurance
1. Where two or more policies have been concluded by the assured or his/her representative for the same subject of insurance against the same maritime peril for the insured sums which in aggregate exceed the insurable value, the assured shall be deemed to have been overinsured by double insurance.
2. In case of double insurance mentioned in Clause 1 of this Article, all such insurers shall be liable only up to the amount of the insurable value, and within limit of that value each of them shall be liable in proportion to the insured sum accepted by such insurer.
Section 3. TRANSFER OF RIGHTS UNDER CONTRACTS OF MARINE INSURANCE
Article 235.- Transfer of marine policies
1. A marine policy is transferable unless it contains terms expressly prohibiting transfer. It may be transferred either before or after loss of the subject of insurance.
2. A person who has no interest in the subject of insurance shall not be allowed to transfer the policy.
Article 236.- Mode of transfer of marine policies
A marine policy may be transferred by the assured’s endorsement on it according to a commercial practice.
Section 4. FLOATING INSURANCE
Article 237.- Floating insurance
1. Floating insurance is a package insurance covering the subject of insurance of a kind or some kinds of cargo which the assured will dispatch or receive within a specified period of time.
2. In a contract of floating insurance, the insurer shall be obliged to issue, at the request of the assured , a policy or a certificate of insurance for each shipment or each unit of cargo.
Article 238.- Performance of contracts of floating insurance
1. The assured, who has concluded a contract of floating insurance, shall be obliged to notify to the insurer immediately upon receipt of information concerning the dispatch or receipt of the cargo and to specify each case the name of the seagoing vessel, the route, the cargo and the insured sum, even when the notice reaches the insurer, the cargo may have been dispatched or have arrived at the port of delivery.
2. Where the assured has intentionally or through his negligence failed to fulfil the obligation specified in Clause 1 of this Article, the insurer may terminate the contract while retaining the right to the insurance premium to which he would have been entitled had the contract been properly performed.
Article 239.- Termination of contracts of floating insurance
A contract of floating insurance may be terminated by either party subject to a ninety days’ notice.
Section 5. PERFORMANCE OF CONTRACTS OF MARINE INSURANCE
Article 240.- Payment of insurance premiums
The assured shall be obliged to pay the insurance premium to the insurer immediately after the conclusion of the contract or the issue of the policy or certificate of insurance, unless otherwise agreed by the involved parties.
Article 241.- Notification of increased risks
1. If, after the conclusion of the contract of insurance, there is any change in the insured perils, increasing their degree of risk, the assured shall have to notify the insurer of such change immediately after it is known to him/her.
2. Where the assured violates the provisions of Clause 1 of this Article, the insurer may refuse to indemnify part or the whole of the insured sum.
Article 242.- Obligations of the assured upon the occurrence of loss
1. Where a loss related to the maritime perils insured has occurred, the assured shall be obliged to take all necessary measures to avert the loss or lessen its extent as well as to secure the insurer’s exercise of the right to claim against the parties responsible for the loss. When performing this obligation, the assured must follow the reasonable instructions of the insurer.
2. When the assured intentionally or through gross negligence has failed to perform the obligation mentioned in Clause 1 of this Article, the insurer shall not be liable for losses caused thereby.
Article 243.- The insurer’s liability to refund
The insurer shall have to refund to the assured all reasonable and necessary expenses incurred for the purpose of averting the loss or lessening its extent; expenses incurred in the implementation of the instructions of the insurer as provided for in Article 242 of this Code, or expenses incurred for identifying the cause and extent of the loss within the scope of liability of the insurer, and expenses contributed to the general average. These expenses shall be refunded in such proportion as the insured sum bears to the insurable value.
Article 244.- The insurer’s liability for losses
1. Within the limit of the insured sum, the insurer shall be liable for losses resulting directly from the peril insured and have to refund the expenses as specified in Article 243 of this Code even though the aggregate amount to be paid to the assured may exceed the insured sum.
2. The insurer shall not be liable for losses arising from an intentional fault or a gross negligence of the assured , but still be liable for losses caused by the negligence or fault of the master who is also insured in navigation and management of the vessel as well as losses caused by the fault of another crewman or the maritime pilot.
3. The contract of insurance of ship hull may be extended to compensation for losses occurred in relation to liabilities in a collision, apart from his/her liability to compensate the assured for loss of or damage to the subject of insurance, the insurer shall be responsible for loss of or damage to a third party in the collision for which the assured is liable even though the aggregate amount of indemnity exceeds the insured sum.
4. Where the maritime perils insured under the contract of insurance occur, the insurer may indemnify the assured the total amount insured against the exemption of all other liabilities under the terms agreed in the contract. In this case, the insurer must notify the assured of his/her intention to do so within seven days from the date on which he/she receives the information from the assured about the occurrence of the maritime perils and their consequences; the insurer shall not be entitled to claim the ownership of the subject of insurance if the total insured sum is less than the insurable value.
In addition to the indemnification of the total insured sum, the insurer must also refund expenses incurred for the purpose of averting the loss or lessening is extent, as well as repairing and recovering the subject of insurance, which the assured had paid before he/she received the notice from the insurer.
Article 245.- Indemnification for successive losses
1. The insurer shall be liable for successive losses, even though the aggregate amount of losses may exceed the insured sum, unless otherwise agreed upon in the contract.
2. Where, a partial loss of the subject of insurance that has not been repaired or otherwise made good is followed by a total loss, the assured shall only recover in respect of the total loss.
3. The provisions of Clauses 2 and 2 of this Article shall not relieve the insurer of the liability for refunding the expenses related to the performance of the obligations provided for in Article 244 of this Code.
Article 246.- Exemption of the insurer’s liability
1. Unless otherwise agreed in the contract of insurance, in the insurance of a seagoing vessel and freight, the insurer shall not be liable for losses arising from:
a. The seagoing vessel being not seaworthy at the beginning of the voyage, unless this is due to latent defects of the vessel or caused by circumstances which could not have been prevented in spite of due diligence exercised by the assured.
b. Loading on board the seagoing vessel of explosive or inflammable materials or other dangerous cargoes without compliance with regulations on the carriage of cargoes of that kind, of which the assured was aware but the insurer was not.
2. Unless otherwise agreed in the contract of insurance, in the insurance of the cargo, the insurer shall not be liable for losses arising from:
a. The nature of the cargo;
b. Ordinary leakage, ordinary wear and tear of the cargo;
c. Improper packing of the cargo;
d. Delay in its supply.
3. Unless otherwise agreed in the contract of insurance, the insurer shall not be liable for losses of the subject of insurance arising from war or military activities of any nature and their consequences; from being appropriated; from civil commotion; strikes; or from acquisition, requisition, compulsory purchase, detention or destruction of the seagoing vessel or cargo under military orders or decisions of competent state agencies.
Section 6. TRANSFER OF THE RIGHT TO RECOURSE
Article 247.- Transfer of the right to recourse
After having indemnified the assured, the insurer shall have the right to recourse against the person who is responsible for such loss (hereinafter referred to as the third party) within the amount paid. The insurer shall exercise this right in accordance with the provisions applicable to the assured.
Article 248.- The assured’s obligations in the recourse against the third party
1. The assured shall be obliged to provide the insurer with all information, documents as well as proofs and to take necessary measures to enable the insurer to exercise the right to recourse against the third party.
2. Where the assured fails to perform the obligations specified in Clause 1 of this Article or he/she is at fault that makes the insurer’s right to recourse unexercisable, the insurer shall be exempt from the payment of the whole indemnify or enjoy a reasonable reduction of the payable indemnity.
3. If the assured has received the indemnity for losses from the third party, the insurer shall be obliged to pay only the difference between the indemnity amount according to the contract of insurance and the amount of money the assured received from the third party.
Article 249.- Guarantee for general average contributions
1. The insurer must guarantee for general average contributions within the limit of the insured sum on the basis of the assured’s commitment to general average contributions.
2. When adjusting general average, the assured shall be obliged to pay due attention to the insurer’s interests.
Section 7.- ABANDONMENT OF SUBJECTS OF INSURANCE
Article 250.- The right to abandon the subjects of insurance
1. The assured shall have the right to abandon the subject of insurance and surrender to the insurer of his/her rights and obligations related to the subject of insurance in return for the payment of the indemnity for total loss where the total loss of the subject of insurance is inevitable, or the aversion of such loss would entail expenditure so high in comparison with the value of the subject of insurance.
2. The right to abandon the subject of insurance may be applicable where the seagoing vessel has been sunk, appropriated or damaged in an accident in consequence of which it has become irreparable, or its cost of repair, recovery or redemption is economically inefficient.
3. The right to abandon the subject of insurance provided for in Clause 2 of this Article shall be also applied to cargo, even where the costs of its repair and delivery to the port of delivery would be so high in comparison with its market value at the port of delivery.
Article 251.- The mode and time limit for exercising the right to abandon the subjects of insurance
1. The exercise of the right to abandon the subject of insurance must be declared in writing, stating the grounds for the application of this right.
2. The declaration of the abandonment of the subject of insurance must be sent to the insurer within a reasonable time limit but not exceeding one hundred and eighty days, counting from the date on which the assured has learned of the circumstances used as grounds for the application of this right or within sixty days, counting from the date on which the insurance has expired in cases where the seagoing vessel or cargo has been appropriated or where the right to possession of the vessel or cargo has been lost for other reasons; after the time limit specified in this Clause, the assured shall lose the right to abandon the subject of insurance but shall still have the right to claim the indemnity for the loss.
3. The abandonment of the subject of insurance must be unconditional; if the abandonment has been accepted, neither the insurer nor the assured can change his/her decision.
Article 252.-The assured’s obligations when declaring the abandonment of the subject of insurance
When declaring the abandonment of the subject of insurance, the assured shall be obliged to provide the insurer with information on any proprietary rights related to the subject of insurance and on other insurance amounts and limitations known to the assured.
Article 253.- The time limit for the insurer to accept or refuse to accept the abandonment of the subject of insurance
1. Within thirty days, counting from the date of receipt of the declaration of abandonment of the subject of insurance, the insurer shall be obliged to notify in writing the assured of his/her acceptance or refusal of the abandonment. The insurer shall lose the right to refuse to accept the abandonment after the expiration of this time limit.
2. The rights and obligations related to the subject of insurance shall be transferred to the insurer immediately after he/she notifies that he/she accepts the abandonment; the insurer may not demand these rights.
3. Where the declaration of abandonment of the subject of insurance has been effected as provided for but the insurer refuses to accept the abandonment, the assured shall still retain the right to an indemnity.
Article 254.- Indemnity for total loss
1. A constructive total loss means loss resulting from the damage to the seagoing vessel or cargo whose actual total loss is deemed to be unavoidable or the cost of repairing or recovering the seagoing vessel would exceed the value of the vessel when repaired or exceed the market value of the cargo at the port of delivery; in this case, the assured must send the declaration of abandonment of the subject of insurance to the insurer before demanding the payment of the insured sum.
2. Actual total loss means loss resulting from the total destruction or damage of the seagoing vessel or cargo which renders the vessel or cargo unrecoverable or from the missing of the vessel together with the cargo on board thereof; in this case, the assured may demand from the insurer sum without having to declare abandonment of the subject of insurance.
3. Where the vessel found missing has been insured for a definite period of time, the insurer shall only be liable for the indemnity if he/she has last received the information of the vessel before the expiration of the insurance period. The insurer shall not be liable for the indemnity if he/she proves that the vessel has been found missing after the expiration of the insurance period.
Article 255.- Refund of indemnified amounts
Where the insurer has paid the indemnity, the seagoing vessel then escapes from the maritime peril, he/she shall be entitled to request the assured to continue his/her ownership of the seagoing vessel and refund the indemnity paid after deducting the indemnified amount for partial loss of the seagoing vessel provided that such partial loss is the direct consequence of the maritime peril insured.
Section 8.- SETTLEMENT OF INDEMNITY
Article 256.- Responsibility for settlement of indemnity
In payment of indemnified amounts for the loss of the subject of insurance, the insurer may request the assured to provide him/her with information on relevant circumstances, submit documents and other proofs necessary for assessing the circumstances and the extent of the loss.
Article 257.- Statute of limitations for initiation of lawsuits regarding contracts of marine insurance.
The statute of limitations for initiation of lawsuits regarding contracts of marine insurance is two years as from the date of arising of disputes.
Chapter XVII

SETTLEMENT OF MARITIME DISPUTES

Article 258.- Maritime disputes
Maritime disputes are disputes arising from maritime shipping activities
Article 259.- Principles for settlement of maritime disputes
1. The disputing parties may settle their maritime disputes through negotiation, agreement or initiation of lawsuits before an arbitration or a court.
2. Maritime disputes will be settled by arbitration or court in accordance with the jurisdiction and procedures provided for by law.
Article 260.- Settlement of maritime disputes involving at least one party being a foreign organization or individual
1. Where a contract has at least one party being a foreign organization or individual, the contracting parties may agree to refer their disputes to a foreign arbitration or court.
2. Where the parties to a maritime dispute are all foreign organizations and/or individuals and they have agreed in writing to refer their dispute to a Vietnamese arbitration, the Vietnamese arbitration shall be entitled to settled such dispute, even though the dispute occurred outside the Vietnamese territory.
3. A maritime dispute specified in Clause 2 of this Article may be also settled by a Vietnamese court if the grounds for establishment, modification or termination of the relations among the parties to such dispute comply with the Vietnamese law or the property connected with such relations is located in Vietnam.
Chapter XVIII

IMPLEMENTATION PROVISIONS

Article 261.- Implementation effect
1. This Code takes effect as from January 1, 2006
2. This Code supersedes the Vietnam Maritime Code of 1990.
This Code was passed the XIth National Assembly of the Socialist Republic of Vietnam at its 7th session on June 14, 2005.
 

The post The Vietnam Maritime Code No. 40/2005/QH11 of June 14, 2005. appeared first on MP Law Firm.

THE PRIME MINISTER
——–

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No. 54/2014/QĐ-TTg

Hanoi, September 19, 2014

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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

Hanoi, November 28, 2013

THE CONSTITUTION

OF THE SOCIALIST REPUBLIC OF VIETNAM

PREAMBLE

Throughout their millennia-old history, the Vietnamese People, working diligently and creatively and fighting courageously to build and defend their country, have forged a tradition of patriotism, solidarity, humanity, justice, resilience and indomitableness, and have created the civilization and culture of Vietnam.
Since 1930, under the leadership of the Communist Party of Vietnam founded and trained by President Ho Chi Minh, our People have waged a protracted struggle full of hardship and sacrifice for national independence and freedom and for their own happiness. In the wake of the triumph of the August Revolution, on September 2, 1945, President Ho Chi Minh read the Proclamation of Independence, declaring the birth of the Democratic Republic of Vietnam, now the Socialist Republic of Vietnam. With the will and strength of the entire nation and the assistance of friends around the world, our People have gained great victories in the struggles to liberate the nation, reunify the country, defend the Fatherland and fulfill international duties, and have recorded resounding achievements of historical significance in the cause of renewing and building the country toward socialism.
Institutionalizing the Platform for National Construction during the Period of Transition toward Socialism, and perpetuating the 1946, 1959, 1980 and 1992 Constitutions, the Vietnamese People create, implement and defend this Constitution to achieve the goal of a prosperous people and a strong, democratic, equitable and civilized country.
Chapter I

THE POLITICAL REGIME

Article 1
The Socialist Republic of Vietnam is an independent and sovereign country enjoying unity and integrity of territory, including the mainland, islands, seas and airspace.
Article 2
1. The State of the Socialist Republic of Vietnam is a socialist state ruled by law and of the People, by the People and for the People.
2. The Socialist Republic of Vietnam is the country where the People are the masters; all the state power belongs to the People and is based on the alliance of the working class, the peasantry and the intelligentsia.
3. The state power is unified and delegated to state agencies which coordinate with and control one another in the exercise of the legislative, executive and judicial powers.
Article 3
The State shall guarantee and promote the People’s right to mastery; recognize, respect, protect and guarantee human rights and citizens’ rights; and pursue the goal of a prosperous people and a strong, democratic, equitable and civilized country, in which all people enjoy an abundant, free and happy life and are given conditions for their comprehensive development.
Article 4
1. The Communist Party of Vietnam – the Vanguard of the working class, concurrently the vanguard of the laboring people and Vietnamese nation, faithfully representing the interests of the working class, laboring people and entire nation, and acting upon the Marxist-Leninist doctrine and Ho Chi Minh Thought, is the force leading the State and society.
2. The Communist Party of Vietnam is closely associated with the People, shall serve the People, shall submit to the supervision of the People, and is accountable to the People for its decisions.
3. Organizations and members of the Communist Party of Vietnam shall operate within the framework of the Constitution and law.
Article 5
1. The Socialist Republic of Vietnam is a unified nation of all ethnicities living together in the country of Vietnam.
2. All the ethnicities are equal and unite with, respect and assist one another for mutual development; all acts of discrimination against and division of the ethnicities are prohibited.
3. The national language is Vietnamese. Every ethnic group has the right to use its own spoken and written language to preserve its own identity and to promote its fine customs, practices, traditions and culture.
4. The State shall implement a policy of comprehensive development and create the conditions for the minority ethnicities to fully utilize their internal strengths and develop together with the country.
Article 6
The People shall exercise the state power in the form of direct democracy and of representative democracy through the National Assembly, People’s Councils and other state agencies.
Article 7
1. The elections of deputies to the National Assembly and People’s Councils must be conducted on the principle of universal, equal, direct and secret suffrage.
2. A National Assembly deputy or a People’s Council deputy may be removed from office by the voters or the National Assembly or the People’s Council, when he or she is no longer worthy of the confidence of the People.
Article 8
1. The State shall be organized and operate in accordance with the Constitution and law, manage society by the Constitution and law, and implement the principle of democratic centralism.
2. All state agencies, cadres, civil servants and public employees shall show respect for the People, conscientiously serve the People, maintain close contact with the People, listen to their opinions and submit to their supervision; resolutely combat corruption, waste, and all manifestations of bureaucracy, arrogance and authoritarianism.
Article 9
1. The Vietnam Fatherland Front is a political alliance and a voluntary union of the political organization, socio-political organizations and social organizations, and prominent individuals representing their class, social strata, ethnicity or religion and overseas Vietnamese.
The Vietnam Fatherland Front shall constitute the political base of the people’s administration; represent and protect the lawful and legitimate rights and interests of the People; rally and fully utilize the strength of the great national unity, exercise democracy and promote social consensus; conduct social supervision and criticism; and participate in the building of the Party and the State, and in people’s external relations’ activities, thus contributing to national construction and defense.
2. The Trade Union of Vietnam, the Vietnam Peasants’ Association, the Ho Chi Minh Communist Youth Union, the Vietnam Women’s Union and the Vietnam War Veterans’ Association are socio-political organizations established on a voluntary basis to represent and protect the lawful and legitimate rights and interests of their members; and, together with other member organizations of the Vietnam Fatherland Front, coordinate and unify action within the Front.
3. The Vietnam Fatherland Front, its member organizations and other social organizations shall operate within the framework of the Constitution and law. The State shall create the conditions for the Vietnam Fatherland Front, its member organizations and other social organizations to operate.
Article 10
The Trade Union of Vietnam is a socio-political organization of the working class and laborers voluntarily established to represent laborers, care for and protect the lawful and legitimate rights and interests of laborers; participate in the state management and socio-economic management; participate in the examination, inspection and supervision of the operations of state agencies, organizations, units and enterprises regarding issues related to the rights and obligations of laborers; and mobilize laborers to learn to improve their professional qualifications and skills, abide by law, and build and defend the Fatherland.
Article 11
1. The Vietnamese Fatherland is sacred and inviolable.
2. All acts against independence, sovereignty, unity and territorial integrity, or against the construction and defense, of the Fatherland must be severely punished.
Article 12
The Socialist Republic of Vietnam shall consistently implement its foreign policy of independence, self-reliance, peace, friendship, cooperation and development; multilateralization and diversification of external relations, proactive and active international integration and cooperation, on the basis of respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, and equality and mutual benefit; abide by the Charter of the United Nations and treaties to which the Socialist Republic of Vietnam is a contracting party; act as a friend, reliable partner and responsible member of the international community for the sake of national interests, and contribute to the cause of peace, national independence, democracy and social progress in the world.
Article 13
1. The national flag of the Socialist Republic of Vietnam is rectangular in shape, with its width equal to two-thirds of its length; in the middle of a red background is a five-pointed gold star.
2. The national emblem of the Socialist Republic of Vietnam is circular in shape; in the middle of a red background is a five-pointed gold star encircled by rice ears, below which is half a cogwheel and the inscription “The Socialist Republic of Vietnam”.
3. The national anthem of the Socialist Republic of Vietnam is the music and lyrics of the song“Tien quan ca” (March to the Front).
4. The National Day of the Socialist Republic of Vietnam is the day of the Proclamation of Independence, the Second of September 1945.
5. The capital of the Socialist Republic of Vietnam is Hanoi.
Chapter II

HUMAN RIGHTS, FUNDAMENTAL RIGHTS AND OBLIGATIONS OF CITIZENS

Article 14
1. In the Socialist Republic of Vietnam, human rights and citizens’ rights in the political, civil, economic, cultural and social fields shall be recognized, respected, protected and guaranteed in accordance with the Constitution and law.
2. Human rights and citizens’ rights may not be limited unless prescribed by a law solely in case of necessity for reasons of national defense, national security, social order and safety, social morality and community well-being.
Article 15
1. Citizens’ rights are inseparable from citizens’ obligations.
2. Everyone is obliged to respect others’ rights.
3. Citizens shall perform their obligations toward the State and society.
4. The exercise of human rights and citizens’ rights may not infringe upon national interests and others’ lawful rights and interests.
Article 16
1. All people are equal before law.
2. No one is subject to discriminatory treatment in political, civil, economic, cultural or social life.
Article 17
1. A citizen of the Socialist Republic of Vietnam is a person holding Vietnamese citizenship.
2. A Vietnamese citizen may not be expelled and delivered to another state.
3. Vietnamese citizens living abroad shall be protected by the State of the Socialist Republic of Vietnam.
Article 18
1. Overseas Vietnamese make up an inseparable part of the community of Vietnamese ethnicities.
2. The State of the Socialist Republic of Vietnam shall encourage and create the conditions for overseas Vietnamese to preserve and promote the cultural identity of the Vietnamese nation, maintain close ties with their families and native land, and contribute to the construction of their native land and the country.
Article 19
Everyone has the right to life. Human life is protected by law. No one may be deprived of life in contravention of law.
Article 20
1. Everyone has the right to inviolability of his or her body and to the protection by law of his or her health, honor and dignity; no one shall be subjected to torture, violence, coercion, corporal punishment or any form of treatment harming his or her body and health or offending his or her honor and dignity.
2. No one may be arrested without a decision of a People’s Court, or a decision or approval of a People’s Procuracy, except in case of a flagrant offense. The arrest, holding in custody, or detention, of a person shall be prescribed by a law.
3. Everyone has the right to donate his or her tissues, organs or body in accordance with law. Medical, pharmaceutical and scientific experiments, or any other form of experiments, on the human body must be consented to by the human subject.
Article 21
1. Everyone has the right to inviolability of private life, personal secrets and family secrets; and has the right to protect his or her honor and reputation.
The security of information about private life, personal secrets or family secrets shall be guaranteed by law.
2. Everyone has the right to privacy of correspondence, telephone conversations, telegrams and other forms of private communication.
No one may illegally break into, control or seize another’s correspondence, telephone conversations, telegrams or other forms of private communication.
Article 22
1. Every citizen has the right to a legal residence.
2. Everyone has the right to inviolability of his or her home. No one may enter the home of another person without his or her consent.
3. The search of homes shall be prescribed by a law.
Article 23
Citizens have the right to free movement and residence within the country, and the right to leave the country and to return home from abroad.
The exercise of those rights shall be prescribed by law.
Article 24
1. Everyone has the right to freedom of belief and religion, and has the right to follow any religion or to follow no religion. All religions are equal before law.
2. The State shall respect and protect the freedom of belief and religion.
3. No one may violate the freedom of belief and religion, nor may anyone take advantage of a belief or religion in order to violate the law.
Article 25
Citizens have the right to freedom of speech and freedom of the press, and have the right of access to information, the right to assembly, the right to association, and the right to demonstrate. The exercise of those rights shall be prescribed by law.
Article 26
1. Male and female citizens have equal rights in all fields. The State shall adopt policies to guarantee the right to and opportunities for gender equality.
2. The State, society and family shall create the conditions for women to develop comprehensively and to advance their role in society.
3. Gender discrimination is prohibited.
Article 27
Every citizen who reaches the age of eighteen has the right to vote.
Every citizen who reaches the age of twenty-one has the right to stand for election to the National Assembly or People’s Councils. The exercise of those rights shall be prescribed by a law.
Article 28
1. Citizens have the right to participate in the management of the State and management of society, and to discuss and propose to state agencies issues about their base units, localities and the whole country.
2. The State shall create the conditions for citizens to participate in the management of the State and society; and shall publicly and transparently receive and respond to the opinions and petitions of citizens.
Article 29
Citizens who reach the age of eighteen have the right to vote in referenda organized by the State.
Article 30
1. Everyone has the right to lodge complaints or denunciations about illegal acts of agencies, organizations or individuals with competent agencies, organizations or persons.
2. Competent agencies, organizations or persons shall receive and resolve complaints and denunciations. Those suffering damages have the right to material and mental compensation and restoration of honor in accordance with law.
3. Taking revenge on complainants or denunciators, or abusing the right to complaint and denunciation to slander or falsely accuse others, is prohibited.
Article 31
1. A person charged with a criminal offense shall be presumed innocent until proven guilty according to a legally established procedure and the sentence of the court takes legal effect.
2. A person charged with a criminal offense shall be promptly tried in an impartial and public manner by a court within a legally established time limit. In case of a closed trial in accordance with law, the verdict must be publicly pronounced.
3. No one may be tried twice for the same offense.
4. A person who is arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted or brought to trial has the right to defend himself or herself in person or choose a defense counsel or another person to defend him or her.
5. A person who is illegally arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted, brought to trial or subject to judgment enforcement has the right to compensation for material and mental damages and restoration of honor. A person who violates the law in respect of arrest, detention, holding in custody, laying of charges, investigation, prosecution, trial or judgment enforcement, thereby causing damages to others, shall be punished in accordance with law.
Article 32
1. Everyone has the right to ownership of his or her lawful income, savings, housing, chattels, means of production and capital contributions to enterprises or other economic entities.
2. The right to private ownership and the right to inheritance shall be protected by law.
3. In case of extreme necessity for national defense or security reasons or in the national interest, in a state of emergency or in response to a natural disaster, the State may compulsorily purchase or requisition the property of organizations or individuals and pay compensation at market price.
Article 33
Everyone has the right to freedom of enterprise in the sectors and trades that are not prohibited by law.
Article 34
Citizens have the right to social security.
Article 35
1. Citizens have the right to work and to choose their occupations, employment and workplaces.
2. Employees are guaranteed equal and safe working conditions; and have the right to wages and rest periods.
3. Discriminatory treatment, forced labor or the employment of people below the minimum working age is prohibited.
Article 36
1. Men and women have the right to marry and divorce. Marriage must adhere to the principles of voluntariness, progressiveness, monogamy, equality and mutual respect between husband and wife.
2. The State shall protect marriage and the family, and protect the interests of mothers and children.
Article 37
1. Children shall be protected, cared for and educated by the State, family and society; children may participate in child-related issues. Harassing, persecuting, maltreating, abandoning or abusing children, exploiting child labor or other acts that violate children’s rights are prohibited.
2. Young people shall be provided by the State, family and society with the conditions for learning, working, entertaining themselves, and developing their physiques and minds, and be educated in morality, national traditions and civic consciousness; and shall take the lead in the cause of creative labor and national defense.
3. The elderly shall be respected and cared for by the State, family and society to promote their role in the cause of national construction and defense.
Article 38
1. Everyone has the right to health protection and care, and to equality in the use of medical services, and has the obligation to comply with regulations on the prevention of disease and medical examination or treatment.
2. Acts threatening the life or health of other persons and the community are prohibited.
Article 39
Citizens have the right, as well as the obligation, to learn.
Article 40
Everyone has the right to conduct scientific or technological research, or literary or artistic creation, and to enjoy the benefits brought about by those activities.
Article 41
Everyone has the right to enjoy and access cultural values, participate in cultural life, and use cultural facilities.
Article 42
A citizen has the right to determine his or her ethnicity, use his or her mother tongue and choose his or her language of communication.
Article 43
Everyone has the right to live in a clean environment and has the obligation to protect the environment.
Article 44
A citizen has the obligation to be loyal to the Fatherland.
High treason is the most serious crime.
Article 45
1. It is the sacred duty and the noble right of citizens to defend their Fatherland.
2. A citizen shall perform military service and participate in building a national defense of all the people.
Article 46
A citizen has the obligation to obey the Constitution and law; participate in the safeguarding of national security and social order and safety, and observe the rules of public life.
Article 47
Everyone has the obligation to pay taxes in accordance with the law.
Article 48
Foreigners residing in Vietnam shall abide by the Vietnamese Constitution and law; and have their lives, property, rights and legitimate interests protected by Vietnamese law.
Article 49
Foreign nationals who are persecuted for taking part in the struggle for freedom and national independence, for socialism, democracy and peace, or for engaging in scientific pursuits may be considered for granting of asylum by the State of the Socialist Republic of Vietnam.
Chapter III

ECONOMY, SOCIAL AFFAIRS, CULTURE, EDUCATION, SCIENCE, TECHNOLOGY AND ENVIRONMENT

Article 50
The Socialist Republic of Vietnam shall build an independent and self-reliant economy, bringing into full play its internal strengths and international integration and cooperation, in close association with cultural development, social progress and justice, environmental protection, and national industrialization and modernization.
Article 51
1. The Vietnamese economy is a socialist-oriented market economy with varied forms of ownership and economic sectors; the state economy plays the dominant role.
2. All economic sectors are important components of the national economy. Entities in different economic sectors are equal before law and shall cooperate and compete with one another in accordance with law.
3. The State shall encourage and create the conditions for businesspeople, enterprises or other individuals or organizations to carry out investment, production or business activities; and develop economic branches in a sustainable manner in order to contribute to national construction. The legal property of individuals and organizations engaged in investment, production or business activities is protected by law and is not subjected to nationalization.
Article 52
The State shall develop and improve economic institutions, regulate the economy on the basis of respect for market rules; delegate, devolve and decentralize the powers in the state management; promote regional economic links, and ensure the unity of the national economy.
Article 53
Land, water resources, mineral resources, resources in the sea and airspace, other natural resources, and property managed or invested in by the State are public property, owned by all the people, and represented and uniformly managed by the State.
Article 54
1. Land is a special national resource and an important resource for national development, and is managed in accordance with law.
2. The State shall allocate or lease land to, and recognize land use rights of, organizations and individuals. Land users may transfer land use rights, exercise their rights, and perform their obligations in accordance with law. Land use rights shall be protected by law.
3. The State may recover land currently used by organizations or individuals in case of extreme necessity prescribed by a law for national defense or security purposes; or socio-economic development in the national or public interest. Land recovery must be public and transparent, and compensation must be paid in accordance with the law.
4. The State may requisition land in cases of extreme necessity prescribed by a law to perform national defense and security tasks or during a state of war or a state of emergency, or in response to a natural disaster.
Article 55
1. The state budget, national reserve, state financial funds and other public financial resources must be uniformly managed by the State and shall be used in an efficient, fair, public, transparent and lawful manner.
2. The state budget consists of the central budget and local budgets, in which the central budget plays the leading role and ensures national spending needs. State budget revenues and expenditures must be estimated and must be prescribed by a law.
3. The national monetary unit is the Vietnam dong. The State shall ensure the stabilization of the national currency value.
Article 56
Agencies, organizations and individuals shall practice thrift and combat waste, and prevent and fight corruption in socio-economic activities and the state management.
Article 57
1. The State shall encourage and create the conditions for organizations and individuals to create jobs.
2. The State shall protect the lawful rights and interests of employees and employers and create the conditions for the establishment of progressive, harmonious and stable employment relations.
Article 58
1. The State and society shall make investments to further the protection of and care for the People’s health, implement the universal health insurance, and adopt policies to prioritize health care for ethnic minority people and people living in mountainous areas, on islands, and in areas that have extremely difficult socio-economic conditions.
2. The State, society and family are responsible for protecting and caring for the health of mothers and children, and for family planning.
Article 59
1. The State and society shall honor, commend, reward, and implement preferential treatment policies to, people who have rendered meritorious service to the country.
2. The State shall create equal opportunities for citizens to enjoy social welfare, develop the social security system, and adopt policies to support elderly people, people with disabilities, poor people, and other disadvantaged people.
3. The State shall adopt housing development policies and create the conditions for everyone to have his or her own home.
Article 60
1. The State and society shall care for the creation and development of an advanced Vietnamese culture that is deeply imbued with the national identity and has absorbed the cultural quintessence of humanity.
2. The State and society shall develop literature and the arts in order to meet the diverse and healthy spiritual needs of the People; and develop the mass media to meet the People’s demands for information and to serve national construction and defense.
3. The State and society shall create an environment for building prosperous, progressive and happy Vietnamese families, and developing Vietnamese people with good health, cultural qualities, patriotism, a spirit of solidarity, a sense of mastery and civic responsibility.
Article 61
1. To develop education is a top national policy that aims to increase public intellectual standards, develop human resources, and nurture talented people.
2. The State shall prioritize investment in, and attract other investment sources for, education; care for pre-school education; and ensure free compulsory primary education; gradually universalize secondary education; develop higher education and vocational education; and implement reasonable scholarship and school fee policies.
3. The State shall prioritize the development of education in mountainous areas, on islands, in ethnic minority areas, and in areas that have extremely difficult socio-economic conditions; prioritize the employment and development of talented people; and create the conditions for people with disabilities and poor people to receive education and vocational training.
Article 62
1. To develop science and technology is a top national policy, playing the key role in national socio-economic development.
2. The State shall prioritize investment in, and encourage organizations and individuals to invest in, research, development, transfer and effective application of scientific and technological achievements; guarantee the right to conduct scientific and technological research; and protect intellectual property rights.
3. The State shall create the conditions for everyone to participate in, and to enjoy the benefits from, scientific and technological activities.
Article 63
1. The State shall adopt environmental protection policies; manage and use natural resources in an efficient and sustainable manner; conserve nature and biodiversity; and take the initiative in preventing and controlling natural disasters and responding to climate change.
2. The State shall encourage all activities for environmental protection and the development and use of new energy and renewable energy.
3. Organizations and individuals that cause environmental pollution, natural resource exhaustion or biodiversity depletion shall be strictly punished and shall rectify and compensate for damage.
Chapter IV

DEFENSE OF THE FATHERLAND

Article 64
To defend the socialist Vietnamese Fatherland is the mission of all the people.
The State shall consolidate and strengthen national defense by all the people and the people’s security, with the people’s armed forces as the core; and fully utilize the total strength of the country to defend firmly the Fatherland, thereby contributing to protecting peace in the region and around the world.
All agencies, organizations and citizens shall fulfill their national defense and security tasks.
Article 65
The people’s armed forces shall show absolute loyalty to the Fatherland, the People, the Party and the State; protect the independence, sovereignty, unity and territorial integrity of the Fatherland, national security, and social order and safety; safeguard the People, the Party, the State and the socialist regime; and join the entire people in national construction and the performance of international duties.
Article 66
The State shall build a revolutionary People’s Army that is regular, well-trained and gradually modernized, which has an appropriate permanent force, a large and powerful reserve force, and a strong and extensive self- defense and militia force, as the core for performing national defense tasks.
Article 67
The State shall build a revolutionary People’s Public Security force that is regular, well-trained and gradually modernized, as the core to safeguard national security, ensure social order and safety, and prevent and fight crime.
Article 68
The State shall promote the People’s patriotism and revolutionary heroism and educate the entire people in national defense and security; build the national defense and security industry; ensure proper equipment for the people’s armed forces, and combine national defense and security with economic activities and vice versa; implement policies regarding military families; ensure the material and spiritual lives of the officers, soldiers, workers and employees consistent with the nature of the activities of the People’s Army and People’s Public Security force; and build powerful people’s armed forces and unceasingly strengthen their national defense capability.
Chapter V

THE NATIONAL ASSEMBLY

Article 69
The National Assembly is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam.
The National Assembly shall exercise constitutional and legislative powers, decide on important issues for the country, and conduct the supreme oversight over the activities of the State.
Article 70
The National Assembly has the following tasks and powers:
1. To make and amend the Constitution; to make and amend laws;
2. To exercise the power of supreme oversight over the observance of the Constitution, laws and resolutions of the National Assembly; to review work reports of the President, Standing Committee of the National Assembly, Government, Supreme People’s Court, Supreme People’s Procuracy, National Election Council, State Audit Office, and other agencies established by the National Assembly;
3. To decide on the country’s major goals, targets, policies and tasks for socio-economic development;
4. To decide on fundamental national financial and monetary policies; to introduce, change or abolish taxes; to decide on the division of revenues and expenditures between the central and local budgets; to decide on the safe limits for national, public and government debts; to decide on state budget estimates and the allocation of the central budget; and to approve the final accounts of the state budget;
5. To decide on state policies on ethnicities and religion;
6. To regulate the organization and operation of the National Assembly, President, Government, People’s Courts, People’s Procuracies, National Election Council, State Audit Office, local administrations, and other agencies established by the National Assembly;
7. To elect, relieve from duty or remove from office the President, Vice Presidents, Chairperson and Vice Chairpersons of the National Assembly, members of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly, Prime Minister, Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, Chairperson of the National Election Council, State Auditor General, and heads of other agencies established by the National Assembly; to approve proposals on the appointment, relief from duty or dismissal of the Deputy Prime Ministers, Ministers or other members of the Government, and Judges of the Supreme People’s Court; and to approve the lists of members of the National Defense and Security Council and the National Election Council.
After being elected, the President, Chairperson of the National Assembly, Prime Minister, and Chief Justice of the Supreme People’s Court shall take an oath of loyalty to the Fatherland, the People and the Constitution;
8. To conduct votes of confidence on persons holding positions elected or approved by the National Assembly;
9. To decide on the establishment or abolition of ministries or ministerial-level agencies of the Government; to establish, dissolve, consolidate, separate or adjust the administrative boundaries of, provinces, centrally run cities and special administrative-economic units; or to establish or abolish other agencies in accordance with the Constitution and law;
10. To annul documents of the President, Standing Committee of the National Assembly, Government, Prime Minister, Supreme People’s Court and Supreme People’s Procuracy that contravene the Constitution, laws or resolutions of the National Assembly;
11. To decide on a general amnesty;
12.To stipulate the titles and ranks in the people’s armed forces, diplomatic titles and ranks, and other state titles and ranks; to institute orders, medals, and state honorary titles;
13. To decide on issues of war and peace; to determine states of emergency and other special measures to ensure national defense and security;
14. To decide on fundamental foreign policies; to ratify, or decide on the accession to, or withdrawal from, treaties related to war, peace, national sovereignty or the membership of the Socialist Republic of Vietnam in important international and regional organizations, treaties on human rights or fundamental rights and obligations of citizens, and other treaties that are not consistent with the laws or resolutions of the National Assembly;
15.To decide to hold referenda.
Article 71
1. The term of the National Assembly is five years.
2. Sixty days before the expiration of the term of the National Assembly, a new National Assembly must be elected.
3. In special cases, the National Assembly may decide to shorten or extend its term, at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of the National Assembly deputies vote for it. The extension of the term of the National Assembly must not exceed twelve months, except in wartime.
Article 72
The Chairperson of the National Assembly shall preside over National Assembly sessions; authenticate by his or her signature the Constitution, laws and resolutions of the National Assembly; lead the work of the Standing Committee of the National Assembly; organize the conduct of the external relations of the National Assembly; and maintain a relationship with National Assembly deputies.
Vice Chairpersons of the National Assembly shall assist the Chairperson in his or her work as assigned by the Chairperson.
Article 73
1. The Standing Committee of the National Assembly is the permanent body of the National Assembly.
2. The Standing Committee of the National Assembly is composed of the Chairperson, Vice Chairpersons and Members.
3. The number of members of the Standing Committee of the National Assembly shall be decided by the National Assembly. A member of the Standing Committee of the National Assembly may not concurrently be a member of the Government.
4. The Standing Committee of the National Assembly shall perform its tasks and exercise its powers until a new Standing Committee is elected by the succeeding National Assembly.
Article 74
The Standing Committee of the National Assembly has the following tasks and powers:
1. To prepare, convene and preside over sessions of the National Assembly;
2. To enact ordinances on issues assigned to it by the National Assembly; to interpret the Constitution, laws and ordinances;
3. To oversee the implementation of the Constitution, laws and resolutions of the National Assembly and ordinances and resolutions of the Standing Committee of the National Assembly; to oversee the activities of the Government, Supreme People’s Court, Supreme People’s Procuracy, State Audit Office, and other agencies established by the National Assembly;
4. To suspend the implementation of documents of the Government, Prime Minister, Supreme People’s Court or Supreme People’s Procuracy that contravene the Constitution, or laws or resolutions of the National Assembly, and refer those documents to the National Assembly to decide on their annulment at the next session; to annul documents of the Government, Prime Minister, Supreme People’s Court or Supreme People’s Procuracy that contravene ordinances or resolutions of the Standing Committee of the National Assembly;
5. To direct, harmonize and coordinate the activities of the Ethnic Council and the Committees of the National Assembly; to guide and ensure the conditions for the work of National Assembly deputies;
6. To propose the National Assembly to elect, relieve from duty or remove from office the President, Chairperson or Vice Chairpersons of the National Assembly, Members of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly, Chairperson of the National Election Council, or State Auditor General;
7. To supervise and guide the work of the People’s Councils; to annul resolutions of the People’s Councils of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels; to dissolve the People’s Councils of provinces or centrally run cities in case they cause serious damage to the interests of the People; 8. To decide on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries of, the administrative units under the provinces or centrally run cities;
9. To decide to declare a state of war in case the National Assembly cannot meet, and report it to the National Assembly for decision at its next session;
10. To decide on general or partial mobilization; to declare or cancel a state of emergency throughout the country or in a particular locality;
11. To conduct the external relations of the National Assembly;
12. To approve proposals on the appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam;
13. To organize referenda in pursuance to decisions of the National Assembly.
Article 75
1. The Ethnic Council is composed of the Chairperson, Vice Chairpersons and Members. The Chairperson of the Ethnic Council shall be elected by the National Assembly; Vice Chairpersons and Members of the Ethnic Council shall be approved by the Standing Committee of the National Assembly.
2. The Ethnic Council shall study and make proposals on ethnic issues to the National Assembly; exercise the power of overseeing the implementation of policies on ethnic groups, programs and plans for socio-economic development in mountainous and ethnic minority areas.
3. The Chairperson of the Ethnic Council may be invited to attend Government meetings to discuss the implementation of policies on ethnic groups. The Government shall consult the Ethnic Council before promulgating regulations on the implementation of policies on ethnic groups.
4. The Ethnic Council has additional tasks and powers similar to those of the Committees of the National Assembly set out in Clause 2, Article 76.
Article 76
1. A Committee of the National Assembly is composed of the Chairperson, Vice Chairpersons and Members. Chairpersons of the Committees shall be elected by the National Assembly; Vice Chairpersons and Members of the Committees shall be approved by the Standing Committee of the National Assembly.
2. The Committees of the National Assembly shall verify draft laws, proposals on laws, other drafts, and reports as assigned by the National Assembly or the Standing Committee of the National Assembly; exercise the oversight power within the scope of their powers and tasks prescribed by a law; and make proposals on issues that fall within the scope of their activities.
3. The establishment or dissolution of the Committees shall be decided by the National Assembly.
Article 77
1. The Ethnic Council or the Committees of the National Assembly may request members of the Government, Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, State Auditor General or concerned individuals to make reports, give explanations or provide documents on necessary matters. The persons who receive requests shall respond.
2. State agencies shall study and respond to the proposals made by the Ethnic Council and the Committees of the National Assembly.
Article 78
The National Assembly may, as necessary, establish an ad-hoc Committee to study and verify a certain project or investigate a certain issue.
Article 79
1. A National Assembly deputy shall represent the will and aspirations of the People of his or her constituency and of the whole country.
2. A National Assembly deputy shall maintain close ties with voters and submit to their supervision; collect and truthfully convey their views and aspirations to the National Assembly and concerned agencies or organizations; meet and report to the voters on his or her activities and activities of the National Assembly; respond to the requests and petitions of voters; monitor and press for the settlement of complaints and denunciations, and guide and assist in the exercise of the right to complaint or denunciation.
3. A National Assembly deputy shall inform the People of, and mobilize them to implement, the Constitution and laws.
Article 80
1. National Assembly deputies have the right to raise questions to the President, Chairperson of the National Assembly, Prime Minister, Ministers and other members of the Government, Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy or State Auditor General.
2. The questioned persons shall present their answers before the National Assembly at a session of the National Assembly or, when the National Assembly is in recess, at a meeting of the Standing Committee of National Assembly; the National Assembly and the Standing Committee of the National Assembly may, as necessary, allow the questioned persons to submit written answers.
3. National Assembly deputies have the right to request agencies, organizations or individuals to provide information and documents related to the latter’s tasks. The heads of agencies or organizations, or individuals shall answer questions raised by deputies within the time limit prescribed by a law.
Article 81
No National Assembly deputy may be arrested, held in custody, detained or prosecuted without the consent of the National Assembly or, when the National Assembly is in recess, without the consent of the Standing Committee of the National Assembly. In the case a deputy is detained for a flagrant offense, the agency holding the deputy in custody shall immediately report the case to the National Assembly or the Standing Committee of the National Assembly for consideration and decision.
Article 82
1. National Assembly deputies shall fully perform their tasks; and have the right to participate as members in the Ethnic Council or a Committee of the National Assembly.
2. The Standing Committee of the National Assembly, Prime Minister, Deputy Prime Ministers, Ministers, Heads of ministerial-level agencies or other agencies of the State shall create the conditions for National Assembly deputies to perform their tasks.
3. The State shall ensure funding for the activities of National Assembly deputies.
Article 83
1. The National Assembly shall hold sessions in public. The National Assembly may, when necessary and at the request of the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of the National Assembly deputies, decide to conduct a closed session.
2. The National Assembly shall hold two sessions a year. The National Assembly shall hold an extraordinary session when so requested by the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of the National Assembly deputies. The Standing Committee of the National Assembly shall convene sessions of the National Assembly.
3. The first session of a newly elected National Assembly must be convened within sixty days from the date of election of the National Assembly deputies; this session must be opened and presided over by the Chairperson of the outgoing National Assembly until the new National Assembly elects its Chairperson.
Article 84
1. The President, Standing Committee of the National Assembly, Ethnic Council and Committees of the National Assembly, Government, Supreme People’s Court, Supreme People’s Procuracy, State Audit Office, Central Committee of the Vietnam Fatherland Front, and central bodies of the Front’s member organizations have the right to submit draft laws to the National Assembly or submit draft ordinances to the Standing Committee of the National Assembly.
2. National Assembly deputies have the right to submit their proposals on laws and ordinances, or draft laws and draft ordinances, to the National Assembly or the Standing Committee of the National Assembly.
Article 85
1. Laws and resolutions of the National Assembly must be voted for by more than half of the total number of the National Assembly deputies; the making or amendment of the Constitution, decisions to shorten or extend the term of the National Assembly or to remove from office one of its deputies must be voted for by at least two-thirds of the total number of the National Assembly deputies.
Ordinances and resolutions of the Standing Committee of the National Assembly must be approved by more than half of the total number of its members.
2. Laws and ordinances must be promulgated within fifteen days of their passage, unless the President requests reconsideration of an ordinance.
Chapter VI

THE PRESIDENT

Article 86
The President is the Head of State and shall represent the Socialist Republic of Vietnam internally and externally.
Article 87
The President shall be elected by the National Assembly from among its deputies.
The President is responsible, and shall report on his or her work, to the National Assembly.
His or her term of office follows the term of the National Assembly. At the expiration of the term of the National Assembly, the President shall remain in office until a new President is elected by the succeeding National Assembly.
Article 88
The President has the following tasks and powers:
1. To promulgate the Constitution, laws and ordinances; to request the Standing Committee of the National Assembly to reconsider its ordinances, within ten days of their passage; if those ordinances are still voted for by the Standing Committee of the National Assembly and disapproved by the President, the President shall refer the matter to the National Assembly for decision at its next session;
2. To propose to the National Assembly to elect, relieve from duty or remove from office the Vice President or Prime Minister; and, based on resolutions of the National Assembly, to appoint, relieve from duty or dismiss Deputy Prime Ministers, Ministers or other members of the Government;
3. To propose the National Assembly to elect, relieve from duty or remove from office the Chief Justice of the Supreme People’s Court or Procurator General of the Supreme People’s Procuracy; and, based on resolutions of the National Assembly, to appoint, relieve from duty or dismiss Judges of the Supreme People’s Court; to appoint, relieve from duty or dismiss Deputy Chief Justices of the Supreme People’s Court, Judges of other Courts or Deputy Procurators General or Procurators of the Supreme People’s Procuracy; to decide on a special amnesty; or, based on resolutions of the National Assembly, to proclaim a general amnesty;
4. To decide on the award of orders, medals, state prizes or state honorary titles; to decide to permit naturalization in Vietnam, renunciation of Vietnamese citizenship, restoration of Vietnamese citizenship or deprivation of Vietnamese citizenship;
5. To assume command of the people’s armed forces and hold the office of Chairperson of the National Defense and Security Council; to decide on the award, promotion, demotion or deprivation of the ranks of general, naval rear admiral, naval vice admiral and naval admiral; to appoint, relieve from duty or dismiss the Chief of the General Staff or the Director of the Political General Department of the Vietnamese People’s Army; based on resolutions of the National Assembly or the Standing Committee of the National Assembly, to promulgate or annul decisions to declare a state of war; based on resolutions of the Standing Committee of the National Assembly, to issue an order on general mobilization or partial mobilization, to declare or cancel a state of emergency; or, in case the Standing Committee of the National Assembly cannot meet, to declare or cancel a state of emergency nationwide or in a particular locality;
6. To receive foreign ambassadors extraordinary and plenipotentiary; based on resolutions of the Standing Committee of the National Assembly, to appoint, relieve from duty; decide to send or recall ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam; to confer the ambassadorial title and rank; to decide on the negotiation and conclusion of treaties in the name of the State; to submit to the National Assembly for ratification of, or decision on the accession to, or withdrawal from, the treaties specified in Clause 14, Article 70; to decide on the ratification of, accession to, or withdrawal from, other treaties in the name of the State.
Article 89
1. The National Defense and Security Council is composed of the Chairperson, Vice Chairperson and Members. The list of members of the National Defense and Security Council shall be submitted by the President to the National Assembly for approval.
The National Defense and Security Council shall work on a collegial basis and make its decisions by a vote of the majority.
2. The National Defense and Security Council shall propose the National Assembly or, when the National Assembly cannot meet, the Standing Committee of the National Assembly to decide on a state of war; mobilize all forces and capacity of the country to defend the Fatherland; perform special tasks and exercise special powers assigned to and vested in it by the National Assembly in case of war; and decide on the participation of the people’s armed forces in peacekeeping operations in the region and around the world.
Article 90
The President may attend meetings of the Standing Committee of the National Assembly and meetings of the Government.
The President may request the Government to meet to discuss issues that he or she considers necessary to fulfill his or her tasks or exercise his or her powers.
Article 91
The President shall issue orders and decisions for the performance of his or her tasks or the exercise of his or her powers.
Article 92
The Vice President shall be elected by the National Assembly from among its deputies.
The Vice President shall assist the President in his or her work and may be delegated certain tasks by the President to perform on behalf of the President.
Article 93
When the President is incapacitated from work over a long period of time, the Vice President shall succeed as acting President.
In case of vacancy of the Presidency, the Vice President shall serve as acting President until a new President is elected by the National Assembly.
Chapter VII

THE GOVERNMENT

Article 94
The Government is the highest state administrative body of the Socialist Republic of Vietnam, shall exercise executive power, and is the executive body of the National Assembly.
The Government is responsible to the National Assembly and shall report on its work to the National Assembly, the Standing Committee of the National Assembly and the President.
Article 95
1. The Government is composed of the Prime Minister, Deputy Prime Ministers, Ministers, and Heads of ministerial-level agencies.
The structure and number of members of the Government shall be decided by the National Assembly.
The Government shall work on a collegial basis and make its decisions by a vote of the majority.
2. The Prime Minister is the head of the Government and responsible to the National Assembly for the work of the Government and assigned tasks; and shall report on the work of the Government and the Prime Minister to the National Assembly, the Standing Committee of the National Assembly and the President.
3. Deputy Prime Ministers shall assist the Prime Minister in his or her work as assigned by the Prime Minister, and are responsible to the Prime Minister for their assigned tasks. In the absence of the Prime Minister, a Deputy Prime Minister delegated by the Prime Minister shall lead the work of the Government on behalf of the Prime Minister.
4. Ministers and Heads of ministerial-level agencies are personally responsible to the Prime Minister, Government and National Assembly for the sectors and fields under their charge and, together with other members of Government, shall assume the collective responsibility for the work of the Government.
Article 96
The Government has the following tasks and powers:
1. To organize the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and orders and decisions of the President;
2. To propose and formulate policies to be submitted to the National Assembly or the Standing Committee of the National Assembly for decision or decide on policies according to its competence, for the performance of its tasks and the exercise of its powers set out in this Article; to submit draft laws, draft state budget estimates and other projects to the National Assembly; and to submit draft ordinances to the Standing Committee of the National Assembly;
3. To perform the unified management of the economy, culture, social affairs, education, health, science, technology, environment, information, communications, external relations, national defense, national security, and social order and safety; to carry out orders on general mobilization or partial mobilization or orders to proclaim a state of emergency, and take other necessary measures to defend the Fatherland and to protect the People’s lives and property;
4. To propose the National Assembly for decision the establishment or abolition of ministries or ministerial-level agencies; the establishment, dissolution, consolidation, separation, or adjustment of the administrative boundaries of, provinces, centrally run cities or special administrative-economic units; to propose  the Standing Committee of the National Assembly for decision the establishment, dissolution, consolidation, separation or adjustment of the boundaries of, administrative units under the provinces and centrally run cities;
5. To perform the unified management of the national administration system; to manage cadres, civil servants, public employees, and the public service in state agencies; to organize inspection and control work, the settlement of complaints and denunciations, and the fight against bureaucracy and corruption in the state apparatus; to lead the work of the ministries, ministerial-level agencies, government-attached agencies, and People’s Committees at all levels; to guide and examine the People’s Councils in their implementation of the documents of state agencies at higher levels, to create the conditions for the People’s Councils to perform their tasks and exercise their powers which are prescribed by a law;
6. To protect the rights and interests of the State and society, human rights and citizens’ rights; and to ensure social order and safety;
7. To negotiate and conclude treaties in the name of the State, as authorized by the President; to decide on the conclusion, accession to, ratification of, or withdrawal from, treaties in the name of the Government, except for treaties to be submitted to the National Assembly for ratification as specified in Clause 14, Article 70; to protect the interests of the State and the legitimate interests of Vietnamese organizations or citizens in foreign countries;
8. To coordinate with the Central Committee of the Vietnam Fatherland Front and central bodies of the socio-political organizations in the performance of the tasks and the exercise of the powers of the Government.
Article 97
The term of the Government follows the term of the National Assembly. At the expiration of the term of the National Assembly, the Government shall remain in office until a new Government is elected by the succeeding National Assembly.
Article 98
The Prime Minister shall be elected by the National Assembly from among its deputies.
The Prime Minister has the following tasks and powers:
1. To lead the work of the Government; to lead the formulation of policies and organize the implementation of laws;
2. To lead and take responsibility for the work of the state administration system from the central to the local level, ensuring the consistency and continuity of the national administration system;
3. To submit to the National Assembly for approval proposals on the appointment, relief from duty or dismissal of Deputy Prime Ministers, Ministers or other members of the Government; to appoint, relieve from duty or dismiss Deputy Ministers or officials of equal rank of ministries or ministerial-level agencies; to approve the election and relief from duty, and to decide on the transfer or dismissal of Chairpersons and Vice Chairpersons of the People’s Committees of provinces or centrally run cities;
4. To suspend the implementation of, or annul the documents, of Ministers, Heads of ministerial-level agencies, People’s Committees, Chairpersons of the People’s Committees of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels; to suspend the implementation of resolutions of the People’s Councils of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels and, at the same time, to propose the Standing Committee of the National Assembly to annul them;
5. To decide on and direct the negotiation of, and to direct the conclusion, and accession to, or ratification of, treaties within the scope of the tasks and powers of the Government; to organize the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party;
6. To make reports to the People through the mass media on important issues falling within the competence of the Government and the Prime Minister.
Article 99
1. Ministers and Heads of ministerial-level agencies are members of the Government, shall preside over their ministries or ministerial-level agencies, and shall lead the work of their ministries or ministerial-level agencies; shall perform the state management of the sectors and fields under their charge; and shall organize and monitor nationwide the implementation of laws concerning their sectors and fields.
2. Ministers and Heads of ministerial-level agencies shall report on their work to the Government and Prime Minister; and make reports to the People on important issues under their management.
Article 100
The Government, the Prime Minister, Ministers, and Heads of ministerial-level agencies shall promulgate legal documents to perform their tasks and exercise their powers, review the implementation of those documents, and deal with unlawful documents in accordance with law.
Article 101
The President of the Central Committee of the Vietnam Fatherland Front and heads of central bodies of socio-political organizations may be invited to meetings of the Government that discuss relevant issues.
Chapter VIII

THE PEOPLE’S COURTS AND THE PEOPLE’S PROCURACIES

Article 102
1. The People’s Courts are the judicial bodies of the Socialist Republic of Vietnam and exercise judicial power.
2. The People’s Courts include the Supreme People’s Court and other Courts prescribed by a law.
3. The People’s Courts have the duty to safeguard justice, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and interests of organizations and individuals.
Article 103
1. Except in the case of trial by summary procedure, Assessors shall participate in first-instance trials by the People’s Courts.
2. During a trial, the Judges and Assessors are independent and shall obey only the law. Agencies, organizations or individuals are prohibited from interfering in a trial by Judges and Assessors.
3. The People’s Courts shall hold their hearings in public. In a special case which requires protection of state secrets, conformity with the fine customs and traditions of the nation, protection of minors or protection of private life and at the legitimate request of an involved party, the People’s Court may hold a closed hearing.
4. Except in the case of a trial by summary procedure, the People’s Courts shall try cases on a collegial basis and make decisions by a vote of the majority.
5. The adversarial principle shall be guaranteed in trials.
6. The first-instance and appellate hearing system shall be guaranteed.
7. The right of the accused or defendants to a defense, and the right of involved parties to protect their lawful interests, shall be guaranteed.
Article 104
1. The Supreme People’s Court is the highest judicial body of the Socialist Republic of Vietnam.
2. The Supreme People’s Court shall supervise the judicial work of other Courts, unless otherwise prescribed by a law.
3. The Supreme People’s Court shall make overall assessment of adjudicating practices, ensuring the uniform application of law in trial.
Article 105
1. The term of office of the Chief Justice of the Supreme People’s Court follows the term of the National Assembly. The appointment, relief from duty, dismissal, and term of office of the Chief Justices of other Courts shall be prescribed by a law.
2. The Chief Justice of the Supreme People’s Court is responsible, and shall report on his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly and the President.
The reporting regime applicable to the Chief Justices of other Courts shall be prescribed by a law.
3. The appointment, approval, relief from duty, dismissal, and term of office of Judges, and the election and term of office of Assessors, shall be prescribed by a law.
Article 106
The judgments and decisions of the People’s Courts which have taken legal effect must be respected by agencies, organizations and individuals and must be strictly observed by the concerned agencies, organizations or individuals.
Article 107
1. The People’s Procuracies shall exercise the power to prosecute and supervise judicial activities.
2. The People’s Procuracies include the Supreme People’s Procuracy and other Procuracies as prescribed by a law.
3. The People’s Procuracies have the duty to safeguard the law, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and interests of organizations and individuals, thus contributing to ensuring the strict and unified observance of the law.
Article 108
1. The term of office of the Procurator General of the Supreme People’s Procuracy follows the term of the National Assembly. The appointment, relief from duty, dismissal, and term of office of the Chief Procurators of other Procuracies and of Procurators shall be prescribed by a law.
2. The Procurator General of the Supreme People’s Procuracy is responsible, and shall report on his or her work, to the National Assembly.
When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly and the President. The reporting regime applicable to the Chief Procurators of other Procuracies shall be prescribed by a law.
Article 109
1. The People’s Procuracies shall be led by their Chief Procurators. The Chief Procurator of a People’s Procuracy is subject to the leadership of the Chief Procurator of the People’s Procuracy at a higher level. The Chief Procurators of Procuracies at lower levels are subject to the unified leadership of the Procurator General of the Supreme People’s Procuracy.
2. When exercising the power to prosecute or to supervise judicial activities, a Procurator shall abide by the law and is subject to the direction by the Chief Procurator of the People’s Procuracy.
Chapter IX

LOCAL ADMINISTRATION

Article 110
1. The administrative units of the Socialist Republic of Vietnam shall be defined as follows:
The country shall be divided into provinces and centrally run cities; A province shall be divided into rural districts, towns, and provincial cities; a centrally run city shall be divided into urban districts, rural districts, towns, and equivalent administrative units;
A rural district shall be divided into communes and townships; a town or provincial city shall be divided into wards and communes; and an urban district shall be divided into wards.
Special administrative-economic units may be established by the National Assembly.
2. The establishment, dissolution, consolidation, separation or adjustment of the boundaries of, an administrative unit must be consulted with local People and must comply with the process and procedures prescribed by a law.
Article 111
1. Local administrations shall be organized in administrative units of the Socialist Republic of Vietnam.
2. Local administration levels composed of the People’s Council and People’s Committee shall be organized consistent with the characteristics of the rural areas, urban areas, islands or special administrative-economic units prescribed by a law.
Article 112
1. Local administrations shall organize and ensure implementation of the Constitution and law in their localities; decide on local issues prescribed by a law; and submit to the examination and supervision by state agencies at higher levels.
2. The tasks and powers of local administrations shall be determined on the basis of determining the powers between state agencies at the central and local levels and for each level of local administration.
3. Local administrations may, as necessary, be assigned certain tasks of state agencies at higher levels, along with the necessary means to ensure the performance of those tasks.
Article 113
1. The People’s Council is the local state power body, representing the will, aspirations and right to mastery of the local People, shall be elected by the local People, and is responsible to the local People and state agencies at higher levels.
2. The People’s Council shall decide on local issues as prescribed by a law; and supervise the observance of the Constitution and law in its locality and the implementation of its own resolutions.
Article 114
1. The People’s Committee at a local administration level, which shall be elected by the People’s Council of the same level, is the executive body of the respective People’s Council and is the local state administrative body, and is responsible to the People’s Council and state administrative agencies at higher levels.
2. The People’s Committee shall organize implementation of the Constitution and law in its locality and implementation of the resolutions of the People’s Council, and perform the tasks assigned to it by state agencies at higher levels.
Article 115
1. A People’s Council deputy shall represent the will and aspirations of local People; shall maintain close ties with voters and be subject to their supervision, meet and report to voters on his or her own activities and activities of the People’s Council, respond to their requests and petitions; and consider and press for the settlement of complaints and denunciations. A People’s Council deputy has the task of mobilizing the People to implement the Constitution, law, policies of the State, and resolutions of the People’s Council, and encouraging the People to participate in the state management.
2. A People’s Council deputy has the right to raise questions to the Chairperson or other members of the People’s Committee, Chief Justice of the People’s Court, Chief Procurator of the People’s Procuracy, and Heads of the agencies of the People’s Committee. The questioned persons shall present their answers before the People’s Council. A People’s Council deputy has the right to make proposals to state agencies, organizations, and units in the locality. The heads of those agencies, organizations or units shall receive the deputy, then consider and resolve the issues raised in his or her proposals.
Article 116
1. The People’s Council and the People’s Committee shall report on the local situation to the Vietnam Fatherland Front and mass organizations, listen to the opinions and proposals of those organizations for strengthening the local administration and socio-economic development; and coordinate with the Vietnam Fatherland Front and mass organizations in encouraging the People, together with the State, to perform socio-economic, national defense and security tasks in the locality.
2. The President of the Vietnam Fatherland Front and heads of socio-political organizations in the locality may be invited to sessions of the People’s Council and to meetings of the People’s Committee of the same level that discuss relevant issues.
Chapter X

THE NATIONAL ELECTION COUNCIL, THE STATE AUDIT OFFICE

Article 117
1. The National Election Council shall be established by the National Assembly and has the task of organizing the election of National Assembly deputies, and directing and guiding the election of deputies to People’s Councils at all levels.
2. The National Election Council is composed of the Chairperson, Vice Chairpersons and Members.
3. The organization and specific tasks and powers of the National Election Council and the number of its members shall be prescribed by a law.
Article 118
1. The State Audit Office shall be established by the National Assembly, operate independently, abide only by the law, and audit the management and use of public finance and assets.
2. The State Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The term of office of the State Auditor General shall be prescribed by a law.
The State Auditor General is responsible, and shall report on audit results and his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly.
3. The organization and specific tasks and powers of the State Audit Office shall be prescribed by a law.
Chapter XI

EFFECTIVENESS OF THE CONSTITUTION AND AMENDMENT TO THE CONSTITUTION

Article 119
1. The Constitution is the fundamental and supreme law of the Socialist Republic of Vietnam.
All other legal documents must conform to the Constitution.
All violations of the Constitution shall be dealt with.
2. The National Assembly and its agencies, the President, the Government, People’s Courts, People’s Procuracies, other agencies of the State and all the People shall defend the Constitution.
The mechanism to defend the Constitution shall be prescribed by a law.
Article 120
1. The President, the Standing Committee of the National Assembly, the Government or at least one-third of the total number of the National Assembly deputies have the right to propose the making of, or an amendment to, the Constitution. The National Assembly shall decide on the making of, or amendment to, the Constitution when at least two-thirds of the total number of the National Assembly deputies vote for it.
2. The National Assembly shall establish a Constitution Drafting Committee. The composition and number of members, tasks and powers of the Constitution Drafting Committee shall be decided by the National Assembly at the proposal of the Standing Committee of the National Assembly.
3. The Constitution Drafting Committee shall draft the Constitution, collect the opinions of the People on the draft, and submit it to the National Assembly.
4. The Constitution shall be adopted when at least two-thirds of the total number of the National Assembly deputies vote for it. The holding of a referendum on the Constitution shall be decided by the National Assembly.
5. The time limit for the promulgation and effective date of the Constitution shall be decided by the National Assembly.
This Constitution was adopted on November 28, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam, at its 6th session.-
 

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PUBLISHING LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam 1992 which has been amended and supplemented by a number of articles under Resolution No.51/2001/QH10;
The National Assembly hereby promulgates the Publishing Law
Chapter 1

GENERAL PROVISIONS

Article 1. Scope of adjustment
This law provides for the publishing organization and activities; rights and obligations of agencies, organizations and individuals involved in publishing activities.
Publishing activities, including the fields of publishing, printing and release of publications.
Article 2. Subject of application
This law applies to agencies, organizations, individuals and foreign organizations operating in Vietnam, foreign individuals residing in Vietnam related to publishing activities.
Article 3. Location, purpose of publishing activities
Publishing activities in the field of culture and ideology in order to disseminate and introduce knowledge in the fields of social life, national cultural values ​​and cultural essence of humanity, to meet the needs of people’s spiritual life, to raise the people’s intellect and moral development and good lifestyle of Vietnamese people, to expand cultural exchanges with other countries, socio-economic development and fight against all thoughts and behavior detrimental to the national interests and contribute to the construction and defense of the Socialist Republic of Vietnam.
Article 4. Explanation of terms
In this Law, the terms below are construed as follows:
1. Publishing is the organization and development of manuscript to be edited into templates for printing and release directly through the electronic media.
2. Printing is the use of printing equipment to create publications from the template.
3. Release is the adoption of one or more forms of buying, selling, allocation, donation, leasing, lending, export, import, fair and exhibition to bring publications to users.
4. Publication is a work and documents on politics, economics, culture, society, education and training, science, technology, literature, art which are published through publisher or agency, organization is issued publishing license in different languages​​, images, sounds, and are expressed in the following forms:
a) Printed books
b) Braille books;
c) Paintings, photographs, maps, posters, flyers and leaflets
d) Types of calendar;
e) Audio and video recording with the content for substitution of book or illustration for books
5. Manuscript is handwritten, typed copy or created by electronic media of a work, document for publishing.
6. Editing is the review and improvement of the content and form of the manuscript for publication.
7. Non-business document is a publication is not intended to buy, sell
8. Electronic publishing is the organization and development of manuscript to be edited into templates and use of electronic media to create electronic publications.
9. Electronic publication the one specified at Points a, c, d, e, Clause 4 of this Article shall be formatted digitally and read, listened and viewed by electronic media.
10. Electronic media as media operating based on electrical, electronic, digital, magnetic, optical and wireless transmission technology or similar technology specified in Clause 10, Article 4 of the Law on electronic transaction.
11. Method of publication and release of electronic publication is the publishing and release of publications on the electronic media.
12. Legal deposit is the submission of publication for storage, comparison, examination and appraisal.
Article 5. Ensure the right of dissemination of work and protection of copyright and related rights
1. The State shall ensure the right of dissemination of work in the form of publications through the publisher and protection of copyright and related rights.
2. The State shall not censor works before publication.
3. No agency, organization or individual is allowed to abuse the right to disseminate works to damage the interests of the State, the legitimate rights and interests of agencies, organizations and individuals.
Article 6. State management on publishing activities
1. State management content on publishing activities includes:
a) Developing and organizing the implementation of strategy, planning, policy of publishing activity development; issuing under the competence the legal normative documents regarding publishing activities and copyright in the publishing activities;
b) Organizing the reading, examination and appraisal of legal deposit publications;
c) Issuing and revoking types of license in publishing activities;
d) Scientific research and technological application in publishing activities; training and fostering profession on publishing activities;
e) International cooperation in publishing activities;
f) Inspecting, investigating and settling complaints and denunciations and handling of violations of the law in publishing activities;
g) Implementing regulation on information, report, statistic, and the emulation and commendation in publishing activities; selecting and giving awards for publications of high value.
2. Government shall perform the unified state management of publishing activities nationwide;
The Ministry of Information and Communications is responsible before the Government for the implementation of state management on publishing activities.
The ministries, ministerial-level agencies shall coordinate with the Ministry of Information and Communications to perform the State management on the publishing activities within its authority.
People’s Committees of centrally-affiliated provinces and cities (hereinafter referred to as provincial-level People’s Committees) shall perform the State management on the publishing activities at locality.
Article 7. State policy for publishing activities
1. The State has strategy, development planning of network of publishers, printing and  establishment of publication release, support of training of human resources; tax incentives prescribed by law for the publishing activities, policies to attract social resources involved in publishing activities.
2. State policy for the publishing field:
a) Supporting investment fund for the construction and modernization of material facilities, application and transfer of advanced technology and technique to publishers to serve the tasks, subjects and areas as specified at Point b of this Clause;
b) Placing an order to have manuscripts and publish works and materials to serve the task of politics, security, national defense, external information and serve people in ethnic minority areas,the areas with socio-economic conditions of particular difficulty, the remote, mountainous, border and island area, the youngster, children, the blind and other critical tasks;
c) Buying manuscript for valuable works but the publishing time is not appropriate or restrictions of subject of use; supporting to buy copyrights for domestic and foreign works which have value for social, cultural and economic development;
d) Favouring loan interest in accordance with the law.
3. State policy for the field of printing of publication:
a) Supporting fund for the construction investment and modernization of infrastructure, application and transfer of advanced technology and technique to printing facilities in service of tasks of politics, security, national defense, external information and printing facilities in remote, mountainous, border and island areas;
b) Favouring land lease rent for workshop building and loan interest rates for the printing facilities in service of the politics, security, national defense, external information and printing facilities in remote, mountainous, border and island areas,.
4. State policy in the field of publishing of publication:
a) Priority is given to the investment in land fund and expenditure to build infrastructure for the system of  establishment of publication release in the areas with socio-economic conditions of particular difficulty, the remote, mountainous, border and island areas,
b) Supporting freight charges of publications in service of tasks, subjects and areas specified at Point b, Clause 2 of this Article;
c) Supporting fund for organization, operation and promotion of Vietnamese culture and people through publication, organization of exhibitions, fairs of publications in the country and abroad;
d) Favouring land lease and house rent under state ownership, loan interest rate for establishment of publication release.
5. State policy for the publishing and release of electronic publications:
a) Supporting fund for the construction investment, modernization of infrastructure and application advanced technology and technique for publishing electronic publications;
b) Developing the specification data information system of electronic publications in order to create favorable conditions for searching, accessing, managing and archiving electronic publications.
6. The Government shall detail this Article in accordance with each stage of development of publishing activities.
Article 8. Establishment of representative office in Vietnam of foreign publishers and publication release organizations
1. Foreign publishers and publication release organizations (including enterprise and organization established abroad with multidisciplinary and multi-sector operation including publishing and publication release) are allowed to establish representative office in Vietnam after the Ministry of Information and communication issue license.
2. The Government shall specify the conditions for the establishment and operation contents and procedures for the issuance, renewal, re-issuance and extension of establishment license of representative office in Vietnam of foreign publishers and publication release organizations
Article 9. Complaints and denunciations in publishing activities
The complaints and denunciations in publishing activities shall comply with the provisions of law on complaints and denunciations.
Article 10. Contents and behaviors prohibited in publishing activities
1. Seriously prohibiting the publishing, printing and release of publications with the following contents:
a) Conducting propaganda against the Socialist Republic of Vietnam and destroying the unity of the whole nation;
b) Conducting propaganda and incitement war of aggression, causing hatred between nations and peoples; conducting incitement of violence; spreading reactionary ideology, obscence and depraved lifestyle, criminal acts, social evils, superstition and destruction of habits and customs;
c) Disclosing the state secrets, personal secrets and other secrets prescribed by law;
e) Distorting historical truth, denying revolutionary achievements; offending nation, well-known persons, national heroes; failing to express or properly express sovereignty; slandering and insulting the reputation of the agency, organization and dignity of the individual.
2. It is strictly forbidden to perform the following acts:
a) Publishing without registration and publishing decision or publishing license;
b) Changing, distorting the content of the manuscripts which have been signed for approval by or non-business document manuscript with the seal of the publishing licensing agencies;
c) Illicit and false printing, illegal re-printing of publications
d) Releasing publications without legitimate origin or failing to submit copyright deposit
e) Publishing, printing and releasing publications which have been suspended from release, recovering, confiscating, banning from circulation, destroying or illegally importing publications;
f) Other prohibited acts as prescribed by law.
Article 11. Handling violation in publishing activities
1. Organizations having violations of the provisions of this Law and other provisions of the relevant law, depending on the nature and seriousness of their violations, shall be administratively sanctioned, if causing damage, they must pay compensation as prescribed by law.
2. Organizations having violations of the provisions of this Law and other provisions of the relevant law, depending on the nature and seriousness of their violations, shall be administratively sanctioned or prosecuted criminal liability, if causing damage, they must pay compensation as prescribed by law.
3. Publications with violations shall be suspended from release with definite time and depending on the nature and seriousness of the violation, correction must be performed and then released or recovered, confiscated, banned from released or destroyed.
4. Electronic publications in violation shall be removed from the electronic media and depending on the nature and seriousness of their violations shall be handled under the provisions of clause 3 of this Article.
5. Organizations and individuals committing acts of infringement of intellectual property rights in the publishing activities shall be handled as prescribed by the law on intellectual property.
6. State management agencies on publishing activities must take responsibility for their decisions. In case of wrong decisions causing damage, they shall pay compensation as prescribed by law.
Chapter 2.

PUBLISHING FIELD

Article 12. Subject establishing publisher and types of publisher organization
1. The following agencies and organizations are allowed to establish publisher (hereinafter referred to as the publisher line agency):
a) State agencies, political organizations, socio-political organizations at the central and provincial levels;
b) Public non-business units in the central, the socio-political and vocational organization in the central directly create works and academic and scientific materials.
2. Publishers are organized and operating in the form of public non-business units or enterprises with the conditioned business owned by the State.
Article 13. Conditions for establishment of publisher
The establishment of publisher must meet the following conditions:
1. Having principles, purposes, functions, duties, objects to services and publications are in conformity with the functions and duties of the line agencies;
2. Having qualified persons specified in Article 17 of this Law for appointment of General Director (Director), editor in chief and have at least five full-time editors;
3. Having headquarters, financial resources and other necessary conditions to ensure the activities of the publisher as prescribed by the Government;
4. Being consistent with the planning of publisher network development which has been approved by the competent authority.
Article 14. Issuance and revocation of establishment license and suspension of the publisher’s activities.
1. The line agency of publisher shall prepare dossier to request the licensing of publisher establishment and send it to the Ministry of Information and Communications.
The dossier includes:
a) Application for issuance of license of publisher establishment;
b) Scheme for publisher establishment and papers evidencing all the conditions specified in Article 13 of this Law.
2. Within 30 days from the date of receipt of complete dossier, the Ministry of Information and Communication shall issue license of publisher establishment. If not licensing, there must be written reply clearly stating the reasons.
3. After being issued license of publisher establishment, the line agency shall make a decision on establishing publisher and prepare other necessary conditions for activities of the publisher.
4. The publisher shall be suspended from operation with definite time in the following cases:
a) After establishment and during operation, the line agency and publisher do not meet the conditions specified in clauses 1, 2 and 3, Article 13 of this Law;
b) The publisher does not properly implement the contents specified in the license of publisher establishment
c) The publisher violates the provisions of the law on publishing and is handled for administrative violations at the level of activity suspension.
5. The license of publisher establishment shall be revoked in the following cases:
a) The time limit of suspension is over without remedy for the cause leading to the suspension.
b) Within 06 months from the date of issuance of the license of publisher establishment but the line agency does not make a decision on the publisher establishment;
c) Within consecutive 12 months without any publication for legal deposit from the publisher.
d) Failing to meet the conditions specified in Article 13 of this Law and causing serious consequences
e) Seriously violating other provisions of law.
6. When the license of publisher establishment is revoked in the cases specified at Points a, c, d and e, Clause 5 of this Article, the line agency of publisher shall make the dissolution of the publisher in accordance with the law.
Article 15. Issuance and renewal of license of publisher establishment
1. Within 30 days from there is one of the following changes, the line agency of publisher shall request the Ministry of Information and Communication to issue and renew license of publisher establishment:
a) Change of line agency, name of line agency of publisher name of publisher;
b) Change of type of organization of publisher;
c) Change of the principles, purposes, subjects to services and major publications of the publisher.
2. Dossier to request issuance and renewal of license of publisher establishment
a) Application for issuance and renewal of license;
b) License of publisher establishment issued.
3. Within 15 days from the date of receipt of complete dossier, the Ministry of Information and Communications shall issue and renew license. In case of non-renewal of license, there must be written reply clearly stating the reasons.
4. In case of change of heaquarters, the publisher shall send a written notice to the Ministry of Information and Communications within 07 working days after the change.
Article 16. Duties and power of the lince agency of publisher
1. Satisfying the conditions specified in Article 13 of this Law.
2. Appointing, dismiss, removing leadership positions of publisher specified in Article 17 of this Law after obtaining the written approval of the Ministry of Information and Communications.
3. Orienting annual publishing plan of the publisher.
4. Directing the implementation of the principles, purposes and operation direction of the publisher; monitoring publisher to comply with the license of publisher establishment.
5. Inspecting and examinating the activities of the publisher under authority.
6. Taking responsibility for violations of the laws of the publisher in publishing activities under its duties and powers.
Article 17. Standards of positions of General Director (Director) and Chief Editor of publisher.
1. Standards for General Director (Director):
a) Being Vietnamese citizens residing in Vietnam, having good political and moral quality.
b) Having University level or higher;
c) Having at least 03 years performing work of editing, management of publishing or press, management at the line agency of publisher;
d) Other standards as prescribed by law.
2. Standards for Chief Editor of the publisher:
a) Having certificate of editing practice;
b) Having at least 03 years of working as editor at the publisher or press agency;
c) Other standards as prescribed by law.
3. For publishers organized and operating in the form of enterprises carrying on conditioned business owned by the State and having title as Chairman of the member board or Chairman of the company, the Chairman of the member board or Chairman of the company shall at the same time as General Director (Director) of the publisher.
Article 18. Duties and powers of the General Director (Director) and Chief Editor of publisher
1. The General Director (Director) of publisher has the following duties and powers as follows:
a) Directing operations of publisher in accordance with purposes, functions and duties specified in the license and decision on publisher establishment;
b) Developing the mechanism of organization and human resources of the publisher;
c) Organizing the implementation of the publishing registration with the Ministry of Information and Communications as prescribed in Article 22 of this Law;
d) Orgnizing the assessment of works and materials specified in Article 24 of this Law and other works and materials at the request of the State management agencies on publishing activities;
e) Signing publishing association contract specified at Point b, Clause 3, Article 23 of this Law before signing the publishing decision;
f) Signing for approval of manuscripts prior to printing;
g) Signing publishing decision for each publication in line with certificate of publishing registration, including the printing of increased number;
h) Signing decision on publication release;
i) Valuating and adjustment of retail prices of publications in accordance with law;
k) Organizing the keeping of manuscript editing and related documents of each publication as prescribed by law;
j) Performing the repair, suspension from release, revocation or destruction of publications at the request of competent state agencies;
m) Implementing the report at the request of the State management agencies on publishing activities;
n) Making sure not to disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;
o) Managing assets and material facilities of the publisher;
p) Taking responsibility before the law, the line agency for the publications and all activities of the publisher.
2. The Chief Editor of publisher has the following duties and powers:
a) Helping General Director (Director) to direct the organization of manuscript;
b) Editing manuscript;
c) Reading and signing for approval of each manuscript for submission to the General Director (Director) of the publisher to sign the publishing decision.
d) Do not disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;
e) Taking responsibility before the law, the General Director (Director) of the publisher for the content of publications of the publisher.
Article 19. Standards, duties and powers of editor
1. Standards of editor:
a) Being Vietnamese citizens residing in Vietnam, having good political and moral quality.
b) Having University level or higher;
c) Completing a fostering course of legal knowledge on publishing and editing professionl as prescribed by the Minister of Information and Communications;
d) Having Certificate of editing practice issued by the Minister of Information and Communications;
2. The editor has the following duties and powers:
a) Editing manuscripts;
b) Having the right to refuse the editing of works and materials whose contents have signs of violation specified in Clause 1, Article 10 of this Law and shall report to the General Director (Director) and Chief editor in writing;
c) Having name in the publications edited by himself/herself;
d) Participating in periodic training of legal knowledge on publishing and editing profession held by the State management agencies on publishing activities;
e) Do not disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;
e) Taking responsibility before the Chief Editor of the publisher and before law for the contents of publications edited by himself/herself;
Article 20. Issuance, revocation and re-issuance of certificate of editing practice
1. Dossier to request issuance of certificate of editing practice includes:
a) Application for issuance of certificate of editing practice under the prescribed form;
b) Curriculum vitae under the prescribed form
c) Certified copy of degree;
d) Certificate of completion of fostering course of legal knowledge on publishing and editing professional issued by the Ministry of Information and Communications.
2. Within 15 days from the date of receipt of complete dossier, the Ministry of Information and Communications shall issue the Certificate of editing practice; In the absence of issuance, there must be written reply clearly stating the reasons.
3. Certificate of editing practice is revoked in the following cases:
a) Editor whose publications are edited are banned from circulation, revoked, confiscated or destroyed;
b) Editor who has edited two publications in 01 year or publications in 02 consecutive years with content violations required correction to be released;
c) Editor has been sentenced by a legally effective judgement of the court.
4. Editor whose certificate of editing practice has been revoked shall be considered for re-issuance, except for the case the editor is sentenced by a legally effective judgement of the court for serious and particularly serious crimes and infringement of national security.
5. Certificate of editing practice shall be re-issued in case of loss or damaged.
Article 21. Copyright in the field of publishing
The publishing of works and materials reprinting of publication shall only be made after obtaining the written approval of the author, copyright owner as prescribed by law.
Article 22. Publishing registration of publishing and certification of publishing registration
1. Before publishing works and materials or re-publication, the publisher shall register the publishing with the Ministry of Information and Communications under prescribed form. The registration content must be consistent with the principles and purposes, functions and tasks of the publisher.
2. Within 07 working days from the date of receipt of the publishing registration of the publisher, the Ministry of Information and Communications shall confirm the publishing registration in writing. In the absence of confirmation, there must be a written reply clearly stating the reasons.
3. The written confirmation of the publishing registration is the ground for the publisher to make a decision on publishing until the end of December 31 of the registration confirmation year.
Article 23. Association in publishing activities
1. Publishers are associated with the following organizations and individuals (collectively referred to as associated partner) in order to publish for each publication:
a) Author and copyright owner;
b) Publisher, publication printing and release establishment;
c) Other organizations with legal entity.
2. Form of association of the publisher with associated partner includes:
a) Using manuscripts;
b) Preliminarily editing manuscripts;
c) Printing publications;
d) Releasing publications.
3. The association is only made only with the following conditions:
a) There is a written consent of the author, the copyright owner under the provisions of the law on intellectual property rights for works and materials of associated publishing;
b) There is publishing association contract between publishers and associated partners. The association contract must have the basic contents as prescribed by the Minister of Information and Communications
c) In case of preliminary editing association of manuscript, in addition to the conditions specified at Points a and b of this Clause, the associated partner must have editors.
4. For works and materials with the content on political theory, history, religion, national sovereignty, memoir, the publisher is not allowed for preliminary associated editing of manuscript.
5. Responsibilities of the General Director (Director) of the publisher in associated publishing:
a) Making a decision on partnership, form of association and commitment of association contract to each publication. In case of association for publishing many publications with the same associated partner, it is likely to make a commitment in a contract in which clearly expressing form of association to each publication;
b) Complying with publishing association contract; ensuring that the contents of associated publications to be consistent with the principles, purposes, functions and tasks of the publishers;
c) Organizing complete editing of work and material manuscripts which have been preliminarily edited;
d) Taking responsibility before law for activities of publishing association and associated publications;
e) Revoking publishing decision when the associated partner breaches associated contract;
e) Performing duties and powers as prescribed in Clause 1, Article 18 of this Law.
6. Responsibility of the Chief Editor of publisher in publishing association:
a) Helping General Director (Director) of publisher to completely edit manuscripts of works and materials which are preliminarily edited by associated partner, read and approve the works and materials of associated publishing
b) Performing duties and powers as prescribed in Clause 2, Article 18 of this Law.
7. Responsibility of the associated partner:
a) Properly complying with publishing association contract;
b) Properly complying with content of manuscripts which have been signed for approval by the General Director (Director) for printing or release on electronic media.
c) Specifying name and address on publications as prescribed at Point b, Clause 1 and Point b, Clause 2, Article 27 of this Law;
d) Nộp xuất bản phẩm liên kết để nhà xuất bản nộp lưu chiểu Submitting associated publications for the publisher to deposit copyright;
e) Spending on release of associated publications after the General Director (Director) has signed the publishing decision;
f) Performing the correction, suspension from release, recovery or destruction of publications at the request of the competent state agencies;
g) Taking responsibility before law for the publishing association activities and associated publications;
Article 24. Content of works and materials to be assessed before re-printing.
The following works and materials whose contents have violating signs of provisions of Clause 1, Article 10 of this Law, the publisher must assess them before registering publishing for re-printing.
1. The works and materials were published before August Revolution of 1945; the works and materials were published from 1945 to 1954 in the temporarily occupied areas;
2. The works and materials were published from 1954 to April 30, 1975 in South Vietnam not licenseted by the Provisional Revolutionary Government of the Republic of South Vietnam
3.. The works and materials are published abroad.
Article 25. Issuing non-commercial publishing license
1. The publishing of non-commercial materials not made through publisher must be issued publishing license of non-commercial materials by the following state management agencies on the publishing activities:
a) The Ministry of Information and Communications shall issue publishing license of non-commercial materials of agencies and organizations in the central and foreign organizations;
b) Provincial-level People’s Committee shall issue publishing license of non-commercial materials of the other agencies and organizations with legal status, branches, representative offices at localities of the central agencies and organizations.
2. The non-commercial materials must be consistent with the functions and duties of the agencies and organizations requesting issuance of publishing license.
3. The Government specifies list of non-commercial materials which shall be issued publishing license.
4. The agencies and organizations requesting the issuance of publishing license of non-commercial materials shall prepare dossier and send it to the State management agencies on the publishing activities specified in clause 1 of this Article and make payment of fee of material content assessment for licensing. The dossier includes:
a) Application for licensing;
b) Three copies of material manuscript. In case the materials are in foreign language, there must be a Vietnamese translation attached. For materials to be electronically published, the entire content must be saved into digital device.
c) Certified copy of license of operation issued by the competent State management agencies of Vietnam for foreign organizations.
5. Within 15 days from the date of receipt of complete dossier, the State management agencies on publishing activities specified in Clause 1 of this Article shall issue the publishing license, seal on three copies of material manuscript and keep one copy and return two copies to the organization requesting the licensing. In case of licensing failure, there must be a written reply clearly stating the reasons.
6. Organizations or agencies issued publishing license of non-commercial materials shall:
a) Comply with the issued license;
b) Ensure the contents of publishing materials are in accordance with the material manuscripts which are licensed;
c) Specify information on publications in accordance with Article 27 of this Law;
d) Submit legal deposit and to National Library of Vietnam as prescribed in Article 28 of this Law.
e) Implement the correction, suspension from release, revocation or destruction of publishing materials upon requirement of the competent State authorities;
f) Take responsibility before law for the published materials.
Article 26. Publishing works and materials of foreign organizations or individuals in Vietnam.
1. The publishing of works and materials of foreign organizations or individuals for business in Vietnam must be implemented by the Vietnamese publishers.
2. The publishing of non-commercial works and materials of foreign organizations or individuals in Vietnam is not implemented via Vietnamese publisher shall comply with provisions of Article 25 of this Law.
Article 27. Information specified on publications
1. On publications in the form of books, there must be the following information:
a) Name of book, author or compiler and editor (if any), full name of translator (for translated books), transcriber (if the book is transcribed from Nom language); name of publisher or the agency or organization which are issued publishing license;
b) Name and address of the organization, full name of individual of publishing association (if any); full name of reviser (if any); year of publication, the ordinal number of the series. For translated book, there must include original name. If translated from a language other than the original language, the original language must be specified;
c) Name and title of General Director (Director) responsible for publishing; full name and title of Chief Editor responsible for the content; full name of editor; frame and size of book, publishing registration confirmation number, publishing decision number of the Director General (director) of the publisher or publishing license number of state management agencies on publishing activities; full name of presenter and illustrator, technical editor, printing corrector, printing number; name and address of the printing establishment, time of copyright deposit; International Standard Book Number (ISBN);
d) For commercial books, specify retail prices. For books ordered by the State specify “Book ordered by the State”. For non-commercial books, specify “Not for sale”.
2. On publications which are not books, the following information must be specified:
a) Name of publication, publisher or organization or agency which are allowed for publishing.
b) Name and address of the organization or individual name associated published (if any); confirm registration publishing, publishing of the decision of the Director General (Director) publisher or publishing license number of the State management agencies on publishing activities, printing number, name and address of the printing establishment.
c) For commercial publications, specify retail price; for publications ordered by the State, specify “Publication ordered by the State”; for non-commercial publications, specify “Not for sale”.
3. Information specified in Clause1 of this Article must be written on the front book cover and no further information required; information specified at Point c, Clause 1 of this Article must be written on the same page; the information specified in Clause 1 of this Article must be written on the fourth book cover.
4. The General Director (Director) of the publisher shall make decision on places for information record specified at Point b, Clause 1 on the publication, unless otherwise specified in Clause 6 of this Article.
5. For electronic publications, in addition to all the information specified in Clause 1 and 2 of this Article, there must also be information on management of electronic publication as prescribed by the Minister of Information and Communications.
6. In case the 1^st book cover has image of the national flag, national emblem, registration of Vietnamese map, portrait of leader and head of the Party and the State, the name of author, compiler, chief editor, full name of translator and transcriber on the background of that image or portrait.
Article 28. Submitting legal deposit publication and submitting publication to National Library of Vietnam
1. All publications must be deposited their copyrights with the State management agencies on publishing activities at least 10 days before release. The legal deposit of publications shall comply with the following provisions:
a) Publishers or agencies, organizations which are issued the publishing license by the Ministry of Information and Communications must submit three copies to the Ministry of Information and Communications. In case the printing number is less than three hundred copies, two copies shall be submitted;
b) Agencies, organizations which are issued the publishing license by the provincial-level People’s Committee shall submit two copies to the provincial People’s Committee and one copy to the Ministry of Information and Communications; In case the printing number is less than three hundred copies, one copy shall be submitted to the provincial-level People’s Committee and one copy to the Ministry of Information and Communications;
c) For publications reprinted without correction and supplementation, one copy shall be submitted to the Ministry of Information and Communications. In case of correction and supplementation, the provisions at Points a and b of this Clause shall apply;
d) Publications with content of State secret as prescribed by law only submit delaration of copyright deposit;
e) The Minister of Information and Communications shall specify procedures for submitting legal deposit publications.
2. Within 45 days from the date of publications are released, the publishers, agencies and organizations with publishing permission must submit three copies to the National Library. In case the printing number is less than three hundred copies, two copies shall be submitted.
Article 29. Reading and examination of legal deposit publications and competence to handle violations of publications
1. The Ministry of Information and Communications shall organize the reading and examination of legal deposit publications and make decision on the handling of violating publication under the provisions of this Law and other provisions of the relevant law.
2. Provincial-level People’s Committee shall organize the reading and examination of legal deposit publications and make decision on the handling of violating publication under the provisions of this Law and other provisions of the relevant law for the publications whose publishing licenses are issued by them.
3. The Minister of Information and Communications shall assume the prime responsibility and coordinate with the Minister of Finance to develop regulation on remuneration for the reader and checker, appraiser of legal deposit publications.
Article 30. Advertising on publications
1. No permission for advertising on administrative map.
2. Advertising on bloc calendar shall comply with the following regulations:
a) Area for advertising does not exceed 20% of area of each calendar page; the advertising content and images must match the Vietnamese fine traditions and the other provisions of the law on advertising;
b) No permission for advertising on calendar pages printing National holidays and large anniversaries of the country.
3. The advertising on publications not specified in Clause 1 and 2 of this Article shall comply with regulations of law on advertising.
Chapter 3.

PUBLICATION PRINTING FIELD

Article 31. Activities of publication printing establishments
1. Printing establishments are only allowed for printing of publications after having been issuedlicense of publication printing.
2. Printing establishments are only allowed for receiving the printing as prescribed in Article 33 of this Law.
Article 32. Issuance, renewal, re-issuance and revocation of license of publication printing operation
1. Conditions for issuing license of publication printing operation include:
a) The head of the printing establishment must be Vietnamese citizens residing in Vietnam; having profession of publication printing management and meeting other criteria as prescribed by law;
b) Having production ground and equipment to perform one or more stages of print-out, printing and processing and post-printing of publication;
c) Ensuring conditions for security, order, environmental hygiene as prescribed by the law;
d) Being consitent with the planning of publication printing establishment network development.
2. Dossier to request license of publication printing operation:
a) Application for issuing license of of publication printing operation under prescribed form;
b) Certified copy of one of the business registration certificate, business registration certificate, investment certificate or decision on printing establishment;
c) Papers evidencing the possession of production ground and equipment to carry out one of the stages of print-out, printing and processing and post-printing of publication;
d) Resume of the head of the printing establishment under prescribed form;
e) Certified copy of diploma granted by the printing training specialized establishment orCertificate of publication printing operation management profession granted by the Ministry of Information and Communications;
f) Certified copy of the certificate of eligibility for security and public order and environmental hygiene issued by competent state agencies.
3. Competence to issue license of publication publishing operation:
a) The Ministry of Information and Communications shall issue license to printing establishments of the agencies and organizations at the central level;
b) Provincial-level People’s Committee shall issue license to the local printing establishments.
4. Within 15 days from the date of receiving complete and valid dossier, the State management agencies on publishing activities specified in Clause 3 of this Article shall issue license of publication publishing operation. In the absence of issuance of license, there must be written reply stating the reason.
5. License of publication publishing operation shall be re-issued on case of loss or damage.
6. Within 15 days from the date when the printing establishment has one of the changes of name, address, branch establishment, division or merger, the printing establishment must make procedures for renewal of license of publication publishing operation.
7. Within 15 days from the date of the change of the head, the printing establishment shall notify in writing to the agency issuing license of publication publishing operation and enclose dossier as specified at points d and e, Clause 2 of this Article.
8. The license of publication publishing operation shall be revoked in the following cases:
a) The publication printing establishment does not satisfy conditions specified at Points a, b and c, Clause 1 of this Article in the operation process.
b) The printing establishment has changes specified in Clause 6 of this Article without making procedures for change of license.
9. The Minister of Information and Communications shall specify the procedures for issuance, renewal, re-issuance and revocation of license of printing, certificate of publication printing operation management profession.
Article 33. Conditions for receiving of publication printing
1. The receiving of publication printing shall be implemented in accordance with the following provisions:
a) For publications made ​​through the publisher, there must be publishing decision (the original) and the manuscript signed for approval of the General Director (Director) of the publisher;
b) For non-commercial materials of Vietnamese organizations and agencies and foreign organizations not done through the publisher, there must be publishing license (the original) and the stamped manuscript of the licensing agency specified in Article 25 of this Law;
c) For publications printed for foreign countries, there must be a printing license and publication templates for printing with the seal of the licensing agencies provided for in Article 34 of this Law.
2. The publication printing must made into contract in accordance with the law between the printing establishment with the publisher or agency or organization which is issued the license of non-commercial material publishing.
3. The number of publications printed must be shown in the contract and in accordance with the publishing decision or publishing license of non-commercial materials.
Article 34. Printing publications for foreign organizations or individuals
1. The printing establishment with license of publication printing operation specified in Article 32 of this Law shall be allowed for printing publications for foreign organizations or individuals;
The publication printing for foreign organizations or individuals must be licensed by the Ministry of Information and Communications or the provincial-level People’s Committees.
2. The content of publications printed for foreign countries must not violate the provisions of Clause 1, Article 10 of this Law.
3. Dossier to request issuance of license includes:
a) Application for issuance of printing license for foreign organizations or individuals is under prescribed form;
b) Two sample copies of publication for printing;
c) Certified copy of license of publication printing operation;
d) Certified copy of contract of publication printing for foreign organizations or individuals. In case the contract is in foreign language, the Vietnamese translation version must be enclosed.
e) A copy of valid passport of the person ordering the printing or power of attorney, identity card of the authorized person ordering the printing.
4. Within 10 days from the date of receiving complete and valid dossier, the Ministry of Information and Communications or the provincial-level People’s Committees shall issue license and stamp the two sample copies and return one copy to the printing establishment. In the absence of issuance of license, there must be a written reply clearly stating the reasons.
5. Director of printing establishment shall take responsibility before law for the printing of publications. Organizations and individuals ordering the printing shall responsibility for the copyright for publications to be ordered with the printing.
6. Publications printed for foreign organizations and individuals must be exported 100%. In case released and used in Vietnam, the procedures for publication import prescribed by this Law.
Article 35. Responsibility of the head of publication printing establishment
1. Implementing the provisions of Articles 31, 32, 33 and clauses 1, 2, 4 and 5 of Article 34 of this Law; storing and managing dossier of publication printing receiving as prescribed by the Minister of Information andCommunications.
2. Making report on publication printing activities of printing establishment on the requirement of the State management agencies on publishing activities.
3. Participating in training courses of publication printing operation management profession held by State management agencies on publishing activities.
4. Upon detection of publications with content violations specified in Clause 1, Article 10 of this Law, the printing establishment must stop printing and report to the competent state management agencies, at the same time notify the publisher, agencies, organizations and individuals which order the printing.
5. Taking responsibility before law for the publication printing activities of the printing establishment.
Chapter 4.

PUBLICATION RELEASE FIELD

Article 36. Activities of publication release
1. The establishment of publication release includes enterprise, public non-business units and household of publications (hereafter referred to as releasing establishment)
Publishers are allowed for setting up  establishment of publication release.
2. The releasing establishments are enterprises, public non-business units must register operation register with state management agencies on publishing activities as prescribed in Clause 1, Article 37 of this Law.
3. Operating conditions for releasing establishments which are enterprises, public non-business units;
a) The head of releasing establishment must reside in Vietnam, having diploma or certificate of professional knowledge on the publication release issued by the establishment of training and fostering of specialized publication release;
b) Having one of the following certificates: business registration certificate, business registration certificate or decision on establishment of public non-business unit in accordance with the law;
c) Having business location of publication;
4. Operating conditions for releasing establishment as business household:
a) Householder must permanently reside in Vietnam;
b) Having business registration certificate;
c) Having business location of publications.
Article 37. Registration of publication releasing operation.
1. Before operation, the releasing establishment as enterprise, public non-business unit must register the publication releasing operation with the State management agencies on the publishing activities in accordance with the following provisions:
a) The releasing establishment has its headquarters and branches in two centrally-affiliated provinces and cities or more and register operation with the Ministry of Information and Communications;
b) The releasing establishment has its headquarters and branches in the same one centrally-affiliated province and city and register operation with the provincial-level People’s Committee.
2. The Minister of Information and Communications shall regulate procedures and dossier for registration of publication releasing operation.
Article 38. Issuance license of publication import business operation
1. Domestic and foreign organizations and individuals are allowed to import publications into Vietnam in accordance with Vietnamese law and international agreements in which the Socialist Republic of Vietnam is a member.
2. Establishment with the publication import business operation (hereafter referred to as importer of publications establishment) must have license of publication import business operation issued by the Ministry of Information and Communications;
3. Conditions for issuance of license of publication import business operation
a) Having one of the business registration certificates, business registration certificate, investment certificate under the provisions of law;
b) The head of  importer of publications must permanently reside in Vietnam and have diploma issued by establishment of specialized training or certificate of knowledge fostering of publication releasing profession issued by the Ministry of Information and Communications;
c) Having staff capable of evaluating the book content in case of business of imported books.
4. Dossier to request the issuance of license of publication import business operation includes:
a) Application for issuance of license of publication import business operation;
b) Certified copy of one of the types of paper specified at Point a, clause 3 of this Article;
c) The curriculum vitae of the head of the importer of publications together with certified copy of diplomas or certificates prescribed at Point b, Clause 3 of this Article;
d).List of assessment staff of book content in case of business of imported books
5. Within 30 days from the date of receipt of dossier for license, the Ministry of Information and Communications shall issue license of publication import business operation. In the absence of issuance of license, there must be written reply clearly stating the reasons.
6. The Government stipulates in detail this Article.
Article 39. Registration of publication import for business
1. The publication import for business shall be done by the importer of publications.
2. Before importing, the importer of publications shall prepare dossier of import registration and send it to the Ministry of Information and Communications and pay the fee as prescribed by law. The Minister of Information and Communications shall detail the dossier for registration of publication import.
3. Within 15 days from the date of receipt of dossier for registration of publication import, the Ministry of Information and Communications shall confirm the registration in writing. In the absence of registration confirmation, there must be written reply clearly stating the reasonss.
4. Where there is a change of information in the dossier for registration of publicatio imported publications which have been confirmed for, the importer of publications must have written report on the content of the changed information, and register new information (if any) with the Ministry of information and Communications to confirm additional registration.
5. The written confirmation of registration of the Ministry of Information and Communications is a legal foundation for the importer of publications to make importing procedures with the customs authorities and is valid until completion of the importing procedures.
6. In case of detection of contents of imported  publications with violating signs of Vietnamese law, the Ministry of Information and Communications has the right to refuse confirmation of registration for publication import or request assessment of content of those publications before the confirmation of importing registration.
Article 40. Reponsibility of the head of establishment of publication release
1. Implementing the provisions of Articles 36, 37, 38 and 39 of this Law in the course of operation.
2. Complying with the license of publication import operation, certificate of publication import registration; complying with the contents of publication release registration.
3. Making report on the operation of the release establishment and publication import establishment at the request of the State management agencies on publishing activities.
4. Not being allowed for storing and releasing publications with contents specified in Clause 1, Article 10 of this Law, publications having no receipts and documents showing the legal origin or suspended from release, revoked, confiscated, banned from circulation or destroyed; Not being allowed for carrying on business of non-commercial publications, publications printed for foreign countries.
5. Stopping the release and import of publications and making report to the competent state agencies in case of detection of publications with contents specified in Clause 1, Article 10 of this Law.
6. For importer of publications, the head shall organize assessment of content of imported publications before release and take responsibility before law for imported publications.
7. Participating in courses of training on legal knowledge of publication held by State management agencies on publishing activities.
8. Taking responsibility before law for activities  of publication release establishment and importer of publications
Article 41. Issuing license of non-commercial publications import
1. The import of non-commercial publications of Vietnamese agencies, organizations and individuals and foreign organizations operating in Vietnam, foreign individuals residing in Vietnam must be lissued import license, , except where provided for in Article 42 of this Law and shall pay a fee as prescribed by law.
2. Before importing non-commercial, agencies, organizations and individuals must prepare dossier to request issuance of import license under prescribed form as follows:
a) Agencies and organizations at the central level, the Hanoi-based foreign organizations based shall send dossiers to the Ministry of Information and Communications or the Hanoi People’s Committee;
b) Agencies and other organizations and Vietnamese individuals and foreign individuals shall send their dossiers to the provincial-level People’s Committee where they have headquarters or where there is border gate through which publications are imported.
3. Dossier to request issuance of license of non-commercial publications import includes:
a) Application for issuance of license under prescribed form.
b) List of imported publications under prescribed form.
4. Within 15 days from the date of receipt of complete dossier, the competent state management agencies shall issue license. In the absence of issuance of license, there must be written reply clearly stating the reasons.
5. In case of detection of imported publications with violating signs of Vietnamese law, the state management agencies on publishing activities have the right to refuse to issue import license or require agencies and organizations and individuals applying for import license to provide a copy of publication for organizing assessment of content as the basis for the decision on issuance of import license.
6. The assessment of publication content with violating signs of Vietnamese law for making a decision on issuance of non-business import license shall be carried out as follows:
a) The import licensing agency shall establish the assessment board for each publication within 15 days from the date of receipt of imported publications for assessment. The board includes qualified experts for assessment;
b) The assessment time for each publication shall not exceed 09 working days from the date the assessment board is established;
c) Result of assessment must be made ​​in writing specifying the content of publication with or without violation of the provisions of this Law and other provisions of the relevant law.
7. The Minister of Information and Communications details the assessment of imported publications, coordinates with the Minister of Finance to prescribe the expenditure of content assessment of imported publications.
Article 42. Cases where import of non-commercial publications without request of license issuance
1. Agencies, organizations and individuals who shall not request issuance of license of non-commercial publications but only make procedures prescribed by customs law in the case of import of the following publications:
a) Materials for workshops, international conferences in Vietnam which are licenseted by the Vietnamese competent agencies for organization;
b) Publication is the property of agency, organization, family and individual for private use.
c) Publication in the luggage of person upon entry used for personal needs;
d) Publications donated to agencies, organizations and individuals by mail, delivery service at value not exceeding the exemption standard under the provisions of law.
2. The import of publications of agencies, organizations and individuals enjoying diplomatic privileges and immunities shall comply with the provisions of the customs law, the law on privileges and immunities for diplomatic representative agencies, foreign consular agencies and representative offices of international organizations in Vietnam and international agreements in which Vietnam is a member.
3. Publications specified at Points a and b, Clause 1 of this Article, must be re-exported after use. In case transferred to other agencies, organizations and individuals in Vietnam, the agencies, organizations and individuals receiving shall make import procedures as prescribed in Article 41 of this Law.
Publications specified at Points c and d, Clause 1 of this Article if having value exceeding the standard of tax exemption shall be made procedures for issuance of import license as provided for in Article 41 of this Law.
Publications specified in Clause 1 of this Article shall not be traded in any form.
4. Agencies, organizations and individuals must take responsibility before law for publications they import.
5. Publications with content in violation of Clause 1, Article 10 of this Law shall not be brought into Vietnam in any form.
Article 43. Export of publications
Publications were published and circulated legally in Vietnam are exported to foreign countries.
Article 44. Publication exhibitions and fairss
1. The organization of publication exhibitions and fairsin Vietnam of Vietnamese and foreign agencies, organizations and individuals must be licensed by the state management agencies on publishing activities.
2. Competence to issue license for organization of publication exhibitions and fairs.
a) The Ministry of Information and Communications shall issue license to the agencies and organizations at the central level, the foreign agencies, organizations and individuals;
b) Provincial-level People’s Committees shall issue icense to the agencies, organizations and individuals with their headquarters at locality, branches, representative offices and units of agencies, organizations at central level located at locality.
3. Dossier to request issuance of license of organization of publication exhibitions and fairs includes:
a) Application for issuance of license clearly stating purposes, time, locations and name of units participating in exhibition and fair.
b) List of publications for exhibition and fair as under the prescribed form.
4. Within 10 working days from the date of receipt of complete dossier, the competent authority specified in Clause 2 of this Article shall issued license for organization of publication exhibitions and fairs. In the absence of issuance of license, there must be a written reply clearly stating the reasons.
5. Agencies, organizations and individuals that are issued license to organize exhibitions, fairs and publications shall:
a) Comply with the contents specified in the license.
b) Examine and assess the publication content before exhibition, introduction, and release at exhibitions and fairs;
c) Do not introduce into exhibitions, fairs the publications with contents specified in Clause 1, Article 10 of this Law; publications were suspended from release, revoked, confiscated, banned from circulation, destroyed or publications without receipts, documents showing legal origin;
d) Take responsibility before law for the publication content introduced into exhibitions and fairs and activities of exhibitions and fairs of publications.
6. State management agencies on publishing activities may refuse to issue license for organization of publication exhibitions and fairs or request organizations and individuals requesting issuance of license to take the following publications out of the list of publications:
a) Publications for exhibitions and fairs with violating signs of provisions in Article 10 of this Law.
b) Publications for exhibitions and fairs without legal origin;
c) Publications were suspended from release, revoked, confiscated, banned from circulation and destroyed.
Chapter 5.

PUBLISHING AND RELEASE OF ELECTRONIC PUBLICATIONS

Article 45. Conditions for publishing and release of electronic publications
1. The electronic publishing shall be done by the publisher, organization or agency, having license of non-commercial material publishing and must comply with the provisions of this Law.
The publisher shall perform electronic publishing upon meeting the following conditions:
a) Having capacity of equipment, technology and technical personnel to operate and manage the process of electronic publishing;
b) Having technical measures in accordance with the provisions of state management agencies to prevent duplication and illegal interference in the content of publications;
c) Having Vietnamese internet domain as prescribed by the law to carry out electronic publishing on the Internet;
d) Having registered electronic publishing activities with the state management agencies on electronic publishing activities.
2. Agencies, organizations and individuals performing the release of electronic publishing must meet the following conditions:
a) Having capacity of equipment, technology and technical personnel to operate and manage the process of release of electronic publications;
b) Having technical measures in accordance with the provisions of state management agencies to prevent duplication, illegal interference in the content of publications;
c) Having Vietnamese internet domain as prescribed by the law to carry out electronic release of electronic publications on the Internet;
d) Having registered activities of electronic publication release with the state management agencies on publishing activities.
Article 46. Method to perform publishing and release of electronic publications.
1. Works and materials published for the first time by the method of electronic publishing through publisher or must be issued publishing license by the state management agencies on publishing as provided for in Article 25 of this Law.
2. Publications were published, printed and released legally shall be released on electronic media.
3. The publication and release of electronic publications specified in clause 1 and 2 of this Article shall be made only after obtaining the written approval of the author, the copyright owner under the provisions of law on fintellectual property rights.
4. The transformation of electronic publications to printed publications for dissemination to multiple recipients must comply with the provisions of this Law and the law on intellectual property.
Article 47. Technique and technology for publishing and release of electronic publications
Agencies, organizations and individuals publishing and releasing electronic publications shall:
1. Comply with technical regulations and technical guidance of the State management agency for electronic publications;
2. Comply with the provisions of the law on telecommunications, information technology, e-commerce, e-transactions and other provisions of the relevant law.
Article 48. Submitting legal deposit of electronic publication and to National Library of Vietnam.
1. Publishers and organizations issued license of non-commercial material publishing shall submit legal deposit of electronic publications to the State management agencies on publishing activities as stipulated in Article 28 of this Law and submit electronic publications to National Library of Vietnam.
2. State management agencies on publishing only use electronic publications legally deposited deposited in service of their management.
3. National Library of Vietnam shall archive and only use electronic publications in service of readers at the National Library of Vietnam as prescribed by law.
Article 49. Advertising on electronic publications
The advertising on electronic publications shall comply with the following provisions:
1. Do not advertise in the content or disrupt content of electronic publications in any form;
2. Implementing the provisions of the law on advertising and other provisions of the relevant law.
Article 50. Responsibility of agencies, organizations and individuals publishing and releasing electronic publications
1. Publisher, General Director (Director), editor, Chief Editor of the publisher are responsible for:
a) Implementing the provisions of Articles 18, 29, 22, 22, 23, 24, 27, 45, 46, 47, 48, 49 and 52 of this Law;
b) Ensuring the contents of electronic publications to be released in accordance with the contents of electronic publications legally deposited;
c) Implementing technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;
d) Stopping the release of publications at the request of the State management agencies on publishing activities;
e) Examining and monitoring associated publications
2. Associated partner of publishing shall:
a) Implement the provisions of Articles 23, 45, 46, 47 and 49 of this Law;
b) Comply with the contents of the manuscripts which have been signed for approval by the General Director (Director) of publisher;
c) Implement technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;
d) Stop the release of publications at the request of the State management agencies on publishing activities.
3. Agencies, organizations, or individuals releasing publications shall:
a) Comply with the provisions of Article 46 of this Law and Points b, c and d, Clause 2 of this Article;
b) Comply with the written approval of the author and the copyright owner;
c) Take responsibility before law for the release of electronic publications.
4. Agencies and organizations which are issued license of non-commercial materials shall:
a) Comply with the provisions of Clause 6, Article 25 of this Law;
b) Implement technical measures to prevent possible interference in the content of publications or remove publication with violations at the request of competent state agencies.
5. Enterprises providing intermediary services on the Internet environment and telecom network in Vietnam shall:
a) Implement the provisions at Points c and d, Clause 2 of this Article;
b) Implement the provisions of the law on intellectual property or request agencies, organizations and individuals using services must comply with the regulations on intellectual property rights upon release of electronic publications.
Article 51. Import of electronic publications
Establishment of release and import of electronic publications for business or dissemination must be issue license by the state management agencies on publishing activities under the provisions of this Law and other provisions of the relevant law.
Article 52. Detailed regulation on publishing and release of electronic publications
The Government stipulates in detail the activities of publishing and release of electronic publications to suit each stage of technological development.
Chapter 6.

IMPLEMENTATION PROVSIONS

Article 53. Effect
This Law takes effect from July 1, 2013 and supersedes the Publishing Law No. 30/2004/QH11 amended and supplemented by a number of articles of Law No. 12/2008/QH12.
Article 54. Detailed regulation and implementation guidance
Government, the competent authority shall detail and guide the implementation of Articles and Clauses stated in the Law.
This Law was passed by the 8^th National Assembly of the Socialist Republic of Vietnam 4 ^thsession on November 20, 2012.
 

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THE MINISTRY OF TRANSPORT
——–

Socialist Republic of Vietnam
Independence – Freedom – Happiness
—————-

No.: 33/2011/TT-BGTVT

Hanoi, April 19, 2011

CIRCULAR

STIPULATING ON PROCEDURES OF GRANTING CERTIFICATES OF TECHNICAL SAFETY, QUALITY AND ENVIRONMENTAL PROTECTION FOR MEANS, SURVEY EQUIPMENT, OPERATION AND TRANSPORTATION OF GAS AND OIL ON SEA

Pursuant to the Vietnam Maritime Code dated June 14, 2005;
Pursuant to the Law on Quality of Product and Goods dated November 21, 2007;
Pursuant to the Decree No.51/2008/ND-CP dated April 22, 2008 of the Government  stipulating functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Decree No.63/2010/ND-CP dated June 08, 2010 of the Government on administrative procedure control;
Pursuant to the Decision No.84/2010/QD-TTg dated December 15, 2010 of the Prime Minister on promulgating the Regulation on oil and gas exploration;
The Minister of Transport stipulates on procedures of granting certificates of technical safety, quality and environmental protection for means, survey equipment, operation and transportation of gas and oil on sea as follows:
Chapter 1.

GENERAL PROVISION

Article 1. Scope of governing
This Circular stipulate on procedures of granting certificates of design appraisal and certificates of technical safety and environmental protection for means and equipment for survey, exploitation and transportation of oil and gas including the mobile offshore units, floating storage, fixed offshore units, sea anchor, marine piping systems and relative machinery and equipment (hereinafter referred to as the offshore units) operating in internal waters, territorial sea, the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam.
Article 2. Subjects of application
This Circular applies to organizations and individuals involved in the management, quality inspection of technical safety and environmental protection (hereinafter referred to as inspection), design and new manufacture, reformation, repair and exploitation of offshore units.
Article 3. Interpretation of terms
In this Circular, the following terms are construed as follows:
1. Owners of offshore units mean the owners, managers, operators or those who rent the offshore units.
2. International Conventions mean the international agreements related to offshore units on technical quality, safety and environmental protection for the offshore units that the socialist Republic of Vietnam is a member.
3. Dossier for registering offshore units includes certificates, annexes attached to certificates, inspection reports and relative documents as prescribed.
4. The registration agencies are the Vietnam Register and the branches of registers directly under Vietnam Register.
Article 4. Bases for inspection
Bases for the inspection of technical safety quality and environmental protection of offshore units are provisions of legal documents, regulations, standards and technical regulations of Vietnam and international conventions that Vietnam Nam is a party related to the requirements of quality assurance of technical safety and environmental protection corresponding to each type of offshore unit as specified in Annex I attached herewith.
Chapter 2.

PROCEDURES OF GRANTING CERTIFICATES FOR OFFSHORE UNITS

Article 5. Procedures of granting certificates of offshore units design appraisal
1. Order of implementation
a) The design establishments complete the design profile in accordance with provisions and submit the design profile to the Register Agency;
b) Agency Register receives design documents, check components of design documents: if design documents are incomplete components as prescribed, the Agency Register shall respond in writing to guide the design establishments for completion; if design documents are full components as prescribed, the written appointment for result shall be issued.
c) The Registry Agency to evaluate the design, if the design documents are not satisfactory, then reply in writing to the design establishment to supplement, amend; if design documents are satisfactory, the certificate of appraising design shall be issued according to form in Annex IV attached herewith.
2. Method of implementation:
a) The design establishments apply dossier directly at the Register Agency or by post or facsimile, email.
b) The design establishments receive results through post system or directly at the design appraisal Register Agency.
3. Provisions on design dossier
a) Components of dossier, include 01 written request for design appraisal according to form in Annex III attached herewith (original or copy); 03 design documents of offshore units (original or copies).
Volume, design document content of offshore units specified in detail in the regulations, standards, technical regulations and the relevant international conventions applicable to each type of offshore unit are set forth in Annex I attached herewith and must be presented in accordance with the current regulations.
b) Number of dossier: 01 set.
4. Time of settlement
Time for design appraisal and granting certificate or notifying design documents not satisfactory is at least within 20 working days since the date of receiving complete dossiers as prescribed. Where the design of offshore units is upon new style or complex, time for design appraisal must be prolonged, The Register Agency of design appraisal will deal with the design establishment.
5. Agency to implement administrative procedures: The Register Agency.
6. Result of implementing administrative procedures
Result of implementing administrative procedures is the design document appraised and certificate of appraising design.
7. Requirements, conditions for appraising design
Design dossier of offshore units must meet the requirements of standards, technical regulations of Vietnam and international conventions which Vietnam is a party related to technical safety and environmental protection corresponding to each type of offshore unit specified in Annex I attached herewith
8. Fees and charges
Fees and charges are according to provisions of the Ministry of Finance and paid directly to the agency granting certificate.
Article 6. Procedures of granting certificate of technical safety and environmental protection for the offshore units
1. Order of implementation
a) Organizations, individuals complete dossiers as prescribed and submit to the Register Agency;
b) Register Agency receives , if , the Register Agency shall
b) The Registry Agency implementing the inspection:
2. Method of implementation
a) The organizations apply dossier of means, equipment directly at the Register Agency or by post or Facsimile, Email.
b) The organizations receive results through post system or directly at the Register Agency implementing the inspection.
3. Provisions on design dossier
a) Components of dossier:
i. For the first time of inspection, dossier comprises:
– A written request for );
– Technical dossier of offshore units:
+ For offshore units manufactured newly, transformed manufactured newly, transformed, which ));
+ For offshore units being operated , , , offshore units (original ;
ii. For offshore units which are inspected A written request for ).
b) Number of dossier: 01 set
4. Time of settlement
Certificates , , under-water.
5. Agency to implement: The Register Agency.
6. Result of implementing administrative procedures
Result of implementing administrative procedures is the certificates of technical safety and environmental protection.
7. Requirements, conditions of inspection
The offshore units which wish for granting offshore unit provided in Annex .
8. Fees and charges
Fee and charge rates are .
Chapter 3.

IMPLEMENTATION PROVISIONS

Article 7. Responsibilities of the Vietnam Register
1. To unify in management, , .
2. To organize the collection of register fees and charges as prescribed.
3. Annually the .
Article 8. Responsibilities of owners of offshore units and of the establishments of offshore units design, fabrication, reformation, repair.
1. To comply with provisions on inspection when conducting .
2. To comply with provisions on design documents and design appraisal.
3. To take responsibility for of the they that .
4. To submit to inspection, supervision of the Vietnam Register on technical design, new build, .
5. To preserve, maintain, with with provisions.
Article 9. Effect
1. This Circular takes effect 45 days after its signing date.
2. Types of certificates of the offshore units granted before the effective date of this Circular are still valid until termination of the term written in such certificates.
Article 10. Implementation organization
Chief of Ministerial Office, Chief of Ministerial Inspection, Deputy Ministers of Departments, General Director of Vietnam Register, Heads of  relative agencies, organizations, individuals are responsible for the implementation of this Circular./.
 

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THE MINISTRY OF PUBLIC SECURITY
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 52/2010/TT-BCA

Hanoi, November 30, 2010

CIRCULAR

DETAILING A NUMBER OF ARTICLES OF THE RESIDENCE LAW, DECREE NO. 107/2007/ND-CP OF JUNE 25, 2007, AND DECREE NO. 56/2010/ND-CP OF MAY 24, 2010, ON RESIDENCE

Pursuant to the November 29, 2006 Residence Law;
Pursuant to Decree No. 107/2007/ND-CP of June 25, 2007, detailing and guiding a number of articles of the Residence Law; Decree No. 56/ 2010/ND-CP of May 24, 2010, amending and supplementing a number of articles of Decree No. 107/2007/ND-CP of June 25, 2007;
Pursuant to Decree No. 77/2009/ND-CP of September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;
The Ministry of Public Security details a number of articles of the Residence imw. Decree No.107/2007/ND-CP of June 25, 2007, and Decree No. 56/2010/ND-CP of May 24, 2010 (below collectively referred to as Decree No. 107/ 2007/ND-CP) as follows:
Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation
This Circular details and guides the provisions on citizens’ places of residence; registration of permanent residence; registration of temporary residence; stay notification; declaration of temporary absence and residence administration responsibility.
Article 2. Subjects of application
This Circular applies to Vietnamese agencies, organizations, households and citizens; overseas Vietnamese who still have the Vietnamese citizenship and return to live in Vietnam-
Article 3. Residence places of officers and men of the People’s Army and the People’s Police
1. Officers, non-commissioned officers, professional army men. defense employees. defense workers: professional officers and non­commissioned officers, technical officers and non-commissioned officers, workers and employees of the People’s Police, who live outside the barracks of the People’s Army or the People’s Police, shall register their residence places under the Residence Law and the guidance in this Circular.
2. Officers, non-commissioned officers, professional armymen, defense employees, defense workers; professional officers and non­commissioned officers, technical officers and non-commissioned officers, workers and employees of the People’s Police; persons performing their military service or serving for definite terms in the People’s Police, who live in the barracks of the People’s Army or the People’s Police, have their residence managed under separate regulations of the Ministry of National Defense or the Ministry of Public Security.
Article 4. Restricted freedom of residence
1. For the following persons, who are in the period of restricted freedom of residence, the procedures for change of residence places shall temporarily not be carried out. unless the agencies applying such measure permit in writing the change of residence places:
a/ Persons currently banned from leaving their residence places as a measure applied by a procedure-conducting agency:
b/ Persons sentenced to imprisonment but not yet received judgment execution decisions, subject to suspended sentence or entitled to postponement or suspension of the serving of imprisonment penalty; persons on probation;
c/ Persons subject to the measure of confinement to a reformatory, medical treatment establishment or education institution but entitled to postponement or suspension of the serving of such penalty.
2. For persons currently subject to residence ban. the procedures for registration of permanent residence or temporary residence in localities in which such persons are banned by courts from residence are not required.
Article 5. Receipt and processing of residence information reported by citizens, households, agencies and organizations
1. Residence registration or administration agencies shall receive residence information reported by citizens, households, agencies and organizations and process such information according to their prescribed functions, tasks and competence in order to maintain administrative discipline in handling affairs of citizens, agencies and organizations, step up administrative reforms and raise the quality and effectiveness of residence registration and administration. *
2. Information will be received by the following modes:
a/ Directly at residence registration or management offices;
b/ By telephone;
c/ Feedback letter-boxes;
d/ Electronically;
e/ Other forms.
3. Residence information reported by citizens, households, agencies and organizations must be noted down by residence registration or administration officials, together with the lime and place of occurrence, relevant organizations and individuals. Information-reporting citizens, agencies and organizations are requested to state their full names and contact addresses for written replies by residence registration or administration offices when necessary.
Chapter II

REGISTRATION OF PERMANENT RESIDENCE

Article 6. Permanent residence registration dossiers
1. A permanent residence registration dossier comprises:
a/ The written notification of changes in household registration or membership;
b/ The written declaration of household members:
c/ The household registration transfer papers (for cases in which household registration transfer papers must be granted under Clause 2, Article 28 of the Residence Law);
d/ Papers, documents evidencing the lawful domicile as provided in Article 5 of Decree NO.107/2007/ND-CP unless household registration book holders permit entry into their household registration books.
– If (he lawful place of residence is a house leased, bono wed or permitted for slay from an individual, the house lessor, lender or stay permitter shall clearly write his/her permanent residence registration consent in the written notification of changes in household registration or membership, signature, full name and date (in case the documents on house lease, borrowing or permitted stay clearly states the consent lo registration of permanent residence in such house, the household head’s consent, in the written notification of changes in household registration or membership is not required).
– For leased, borrowed or slay-permitted houses in Hanoi or Ho Chi Minh City, the leased, borrowed or stay-permitted, flooring space must be clearly stated in contracts, ensuring the minimum flooring space of 5 m2/person. The flooring space is understood and complied with under the law on housing.
– In case grandparents, parents, wives and husbands, offspring, siblings and grandchildren in family ties, as provided in Clause 1, Article 25 of the Residence Law, move to live together, the papers or documents evidencing the lawful domicile are not required, but papers proving such ties or certifications thereof by commune, ward, township People’s Committees (below referred to as commune-level People’s Committees for short) are required.
e/ When carrying out procedures for permanent residence registration, citizens shall produce original papers evidencing their domiciles and submit the copies thereof to residence registration offices. Dossier-receiving offices shall examine and write on the copies as true, compared with the originals (with their signatures, full names and date of examination).
2. Permanent residence registration dossiers in some specific cases
In addition to the common papers included in a permanent residence registration dossier specified in Clause 1 of this Article, the following papers are also required for cases below:
a/ If minors do not register their permanent residence with their parent(s) but with other persons, written consent of their parent(s) is required;
b/ When persons nurtured or looked after at concentrated establishments by agencies or organizations, such agencies or organizations shall make a written request. If being nurtured or looked after by individuals, such individuals shall make a written request certified by the commune-level People’s Committee. Such request should clearly state basic information on each person as follows: family name, birth date, sex, native place, nationality, religion, serial number of the personal identity card, former permanent residence place before moving to the new place, and address of the current domicile;
c/ Permanent residence registration for children shall be made under Article 13 of the Residence Law; upon their permanent residence registration, their birth certificates are required;
d/ When registering their permanent residence, persons living in religious establishments must possess papers proving they are religious dignitaries, priests or other full-time religious activists under the law on beliefs and religions;
e/ Overseas Vietnamese, who carry valid foreign passports or passport substitute papers issued by foreign countries or do not carry passports but possess permanent residence papers issued by foreign countries and now return to Vietnam for permanent residence, when registering their permanent residence, must possess a repatriation paper issued by a Vietnamese representation office overseas (if such persons stay overseas) or a written permanent residence consent of the Immigration Department (if such persons are temporarily residing in the country), enclosed with an introduction paper issued by the Immigration Office of the locality in which such persons apply for permanent residence;
f/ Vietnamese citizens settling down overseas, who carry valid Vietnamese passports and return to Vietnam for permanent residence, when registering their permanent residence, must possess Vietnamese passports with entry-confirming stamps of border-gate immigration control forces;
g/ Naturalized foreigners, when registering their permanent residence, must possess papers proving their Vietnamese nationality;
h/ Officers, non-commissioned officers, professional armymen, difense employees. defense workers; professional officers and non­commissioned officers, technical officers and non-commissioned officers, workers and employees of the People’s Police, who live in the barracks of the People’s Army or the People’s Police, when registering their permanent residence with their families, must acquire introduction papers of heads of their direct management units (with signature, stamp and full name);
i/ Individuals permitted by household registration book holders to register in the latter’s household registration books, when registering their permanent residence, must have the
household registration book holders’ consent. signatures, full names and dates in written notifications of changes in household registration or membership.
3. Places for submission of permanent residence registration dossiers
a/ For centrally run cities, dossiers shall be submitted at the police offices of rural districts, urban districts or towns;
b/ For provinces, dossiers shall be submitted at police offices of communes, townships, towns or provincial cities.
Article 7. Papers proving that citizens satisfy any of the conditions for registration of permanent residence in centrally run cities
Apart from the papers included in the permanent residence registration dossiers guided in Article 6 of this Circular, any of the following papers is additionally required for cases of transfer to register permanent residence in centrally run cities:
1. For cases defined in Clause I. Article 20 of the Residence Law, any of the papers defined in Clause 3, Article 7 of Decree No. 107/2007/ ND-CP.
2. For cases defined in Clause 2, Article 20 of the Residence Law:
a/ Papers evidencing that citizens fall into the case defined at Point a, Clause 2, Article 20 of the Residence Law, including:
– Papers proving spousal relationship: marriage certificate, household registration book or written certification of the commune- level People’s Committee in their place of residence.
– Papers proving parent-child relationship: birth certificate, decision recognizing child adoption; decision on recognition of father, mother, child; household registration book or written certification of the commune-level People Commune of their place of residence.
b/ Papers evidencing that citizens fall into the case defined at Point b, Article 20 of the Residence Law, including:
– Papers proving fraternal relationship: household registration book, birth certificate or written certification of the commune-level People’s Committee in their place of residence.
– Papers proving that citizens have passed their working age: birth certificate, household registration book, people’s identify card or written certification of their birth date by the commune-level People’s Committee in their the place of residence.
– Papers proving that citizens are pensioners: retirement book; written certification of social insurance office; written certification of the agency or organization at which such person works before retirement, or of the commune-level People’s Committee in their place of residence;
– Papers proving that citizens resign from work due to poor health or quit their jobs: decisions on, or written certification of the agency or organization at which such person works before resigning from work due to poor health or quitting his/her job: or written certification of the commune-level People’s Committee in their place of residence.
c/ Papers evidencing that citizens fall into the cases defined at Point c. Clause 2, Article 20 of the Residence Law, including:
– Certification of the commune-level People’s Committee in their place of residence, for disabled persons.
– Certification of a medical establishment of district or higher level, for persons losing their working capacity, persons suffering mental disease or other ailments which deprive them of the capacity to recognize and to control their acts.
– T louse hold registration book, birth certificate or written certification of the commune-level People’s Committee in their place of residence to prove the relationship of blood brothers, sisters or paternal or maternal aunts or uncles.
– Guardian-appointing document of the commune- level People’s Committee in their place of residence, except cases of natural guardians of minors or persons losing their civil act capacity under the Civil Code.
d/ Papers proving that citizens fall into the case defined at Point d. Clause 2, Article 20 of the Residence Law, including:
– Papers determining that citizens arc minors: birth certificate, household registration book, people’s identify card or certification of birth date, issued by the commune-level People’s Committee of their place of residence.
– Papers proving that citizens are parentless: certificate of the death of father and mother or court decision declaring their father and mother arc missing or certification of the death of their father and mother by the commune-level People’s Committee of their place of residence.
Papers proving that the parents are incapable of nurturing them: certification of the commune-level People’s Committee.
Apart from the above-mentioned papers, citizens must possess papers proving, or the certification of the commune-level People’s Committee of, the relationship of paternal or maternal grandparents, blood brothers or sisters, paternal or maternal aunts and uncles, or guardians.
c/ Papers proving that citizens fall into the case defined at. Point c. Clause 2, Article 20 of the Residence Law, including:
– Papers proving that they are single: certification of the commune- level People’s Committee of their place of residence.
– Papers evidencing the relationship of paternal or maternal grandparents: household registration book, birth certificate or certification of the commune-level People’s Committee of their place of residence.
3. For cases defined at Clause 3. Article 20 of the Residence Law
a/ Papers evidencing that the subject person works at the agency or organization and salaried by the state, including one of the following papers;
-The introduction paper (signed and stamped with full name) of the head of the direct management unit (including units of the People’s Army or the People’s Police), enclosed with any of the following papers:
+Decision on transfer or recruitment of state-salaried person being a cadre, civil servant or personnel of the People’s Army or the People’s Police;
+ Decision on salary increase for cadres or civil servants; salary increase, rank conferment or promotion; decision on appointment to a position in the People’s Army or the People’s Police.
– Certification (with signature and stamp) of the head of the direct management unit (including units of the People’s Army or the People’s Police) of current employment and state-paid salary.
b/ Papers evidencing citizens arc working under indefinite contracts at agencies or organizations, including any of the following papers:
– The introduction paper (signed and stamped with full name) of the head of the direct management unit (including units of the People’s Army or the People’s Police), enclosed with any of the following papers:
+ Indefinite-term labor contract as prescribed by the labor law (applicable to all agencies and organizations, including organizations of all economic sectors):
+ Indefinite-term working contract for working in non-business units of the State according to the law on cadres and civil servants.
– Particularly for persons who are leading officials of agencies or organizations, competent authorities’ decisions on appointment or transfer of leading officials of the agencies or organizations or papers evidencing they are leading officials of such agencies or organizations as substitutes for indefinite-term contracts.
– Certification (signed and stamped) of the head of the direct management agency or organization (including units of the People’s Army or the People’s Police) that the citizen is working under an in definite-term labor contract (applicable to all agencies and organizations, including economic organizations) or under indefinite-term working contracts.
Heads of direct management units are heads of agencies, organizations or armed forces units entitled to use own seals.
4. Evidencing papers defined in Clause 4, Article 20 of the Residence Law, including any of the following:
Household registration book, identity card or certification of police offices of urban districts, rural districts or towns in which citizens previously registered their permanent residence that they already registered their permanent residence in such centrally run cities.
Article 8. Household registration transfer papers
1. The following cases of change of permanent residence places will be granted household registration transfer papers:
a/ Transfer to a place outside a commune or township of a province. In this case, heads of commune or township police offices are competent to sign the household registration transfer papers even for cases of transfer to a place outside a commune or township of a province or outside a province;
b/ Transfer to a place outside a rural district, urban district or town of a centrally run city; town or provincial city.
2. A dossier of application for a household registration transfer paper
a/ The written notification of changes in household registration or membership;
b/ The household registration book (or written certification as member of a previously granted collective registration book).
3. Within two working days after the receipt of dossiers, police offices shall grant household registration transfer papers to citizens. In case of transfer of the whole household, in the household registration transfer paper and household registration book the transfer of the whole household will be indicated so that officials of the place of destination will recover the old household registration book when granting anew one. In case of transfer of one or a number of household members, on the pages on adjustments and changes in the household registration book the following basic contents will be written: information on the transferee(s), time of issuance of the household registration transfer papers, and destination address(es).
4. It is forbidden to ask citizens to acquire written consent of the police office of the place of destination to the permanent registration before the grant of household registration transfer papers.
5. Cases of non-grant of household registration transfer papers
a/ Cases defined in Clause 6, Article 28 of the Residence Law;
b/ Cases of restricted freedom of residence (unless the agencies applying residence freedom restriction measures permit in writing change of the residence place).
Article 9. Competence to register permanent residence
1. Police offices of urban districts, rural districts and towns of centrally run cities; police offices of towns or provincial cities are competent to register permanent residence in centrally run cities or towns and provincial cities.
2. Police offices of communes or township arc competent to register permanent residence in communes and townships of provinces.
Article 10. Grant of household registration books
1. Household registration books shall be granted to individuals or households that have registered their permanent residence under Articles 24. 25 and 26 of the Residence Law. The household registration book is valid for determining the place of residence of a citizen.
Citizens changing their permanent residence to places outside a commune or township of a province, outside a rural district, urban district or town of a centrally run city, outside a town or provincial city will be granted new household registration books.
2. If household registration books arc damaged, they will be changed; if lost, they will be re-granted. The changed or re-granted household registration books bear the same serial numbers and contents of the old ones.
A dossier of application for household registration book change or re-grant comprises:
a/ The written notification of changes in household registration or membership. For case of household registration book re-grant, certification of the police office of the commune, ward or township in which the permanent residence is registered, is required in the written notification of changes in household registration or membership;
b/ The household registration book (for case of change of damaged household registration books) or written certification of collective member registration (for case of change from old registration book form to new one).
3. Within three working days after the receipt of a complete and valid dossier, the agency competent to register permanent residence shall change or re-grant the household registration book.
4. In the course of permanent residence registration, if errors are made in household registration books due to faults of registration offices, within three working days after the receipt, of citizens’ requests, permanent residence registration offices shall make adjustments in the household registration books corresponding to the original dossiers.
5. For persons wishing to separate the household registration books as provided at Point b. Clause 1, Article 27 of the Residence Law, the householders shall write in the written notification of changes in household registration or membership their consent to separation of the household registration book, with their signatures, full names and dates. Upon separation of household registration books, the papers on lawful domiciles need not to be produced.
6. Heads of police offices of rural districts, urban districts or towns of centrally run cities, heads of police offices of towns or provincial cities, and heads of police offices of communes or townships of provinces are competent to sign household registration books.
7. Household members are obliged to preserve and use household registration books strictly according to regulations. Household registration books must be produced upon examinations by competent police officers. It is strictly forbidden to correct, erase, mortgage, lend, lease or use household registration books in contravention of law.
8. Household heads shall create favorable conditions for persons named in the household registration books to use the books for dealing with their affairs in accordance with law.
Article 11. Deletion of permanent residence registration
1. Permanent residence registration deletion means the deletion of a citizen’s name from a household registration book and permanent residence registration book by a competent permanent residence registry office.
2. Procedures for deletion of permanent residence registration applicable to cases defined at Points a, b, c and d of Clause 1, Article 22 of the Residence Law:
a/ Within 60 days counting from the date a household member becomes subject to permanent residence registration deletion, a household representative shall carry out procedures for the permanent residence registration deletion. A dossier comprises the written notification of changes in household registration or membership; the household registration book;
b/ Within three working days after the receipt of a valid dossier, the permanent residence registry office shall delete the name of the citizen concerned from the permanent residence registration book and household registration book;
c/ Within three working days after the deletion of permanent residence registration, the police offices of rural districts, urban districts or towns of centrally run cities; towns or provincial cities shall adjust the permanent residence registration dossiers, notifying such to citizens’ identities archives and police offices of wards, communes or townships in which the persons subject to permanent residence deletion register their permanent residence;
d/ Within three working days after the deletion of permanent residence registration, police offices of communes or townships of provincial districts shall notify such to district police offices. After adjusting the archived household registration dossiers, district police offices shall notify such to the citizens’ identities archives.
3. Procedures for name deletion applicable to cases defined at Point c. Clause 1. Article 22 ot the Residence Law:
a/ For communes and townships of provincial districts
– Within five working days after the receipt of permanent residence registration notices of the residence registry offices of localities where citizens move to, the persons subject to permanent residence registration deletion or household representatives shall be notified to bring their household registration books to carry out the procedures for deletion of names from residence registration books or deletion of names from household registration books (for cases of non-transfer of the whole households), and the deletion of permanent residence registration shall be notified to district police offices.
– Within five working days after the receipt of permanent residence, registration deletion notices of commune or township police offices, district police offices shall transfer the permanent residence registration dossiers to police offices of the same level in localities where citizens move to and notify such to the citizens’ identities archives.
b/ For rural districts, urban districts and towns of centrally run cities; towns and provincial cities
Within ten working days after the receipt of permanent residence registration notices of the residence registry offices of localities where citizens move to, the persons subject to permanent residence registration deletion or household representatives shall be notified to bring their household registration books to carry out the procedures for deletion of names from residence registration books, deletion of names from household registration books (for cases of non-transfer of the whole households), and the permanent residence registration deletion shall be notified to citizens’ identities archives and commune/ward/township police offices: at the same time the permanent residence registration dossiers shall be transferred to police offices of the same level in localities where citizens move to.
4. Past the 60-day time limit after a person subject to permanent residence registration deletion appears, if household representative fails to carry out the procedures for deletion of permanent residence registration according to regulation, the police offices of communes, wards or townships where such person resides shall make record thereon, requesting the household to carry out permanent residence registration deletion procedures. Within 30 days after the record is made, if the household representative still fails to carry out the permanent residence registration deletion procedures, the police offices of communes or townships of provincial districts, police offices of towns or provincial cities, police offices of urban districts, rural districts or towns of centrally run cities shall delete the permanent “residence registration.
Article 12. Adjustment of changes in household registration books
1. The subjects and dossiers of adjustment of changes in household registration books shall comply with Article 29 of the Residence Law.
2. Time limits for adjustment of changes in household registration books are as follows:
a/ Within 30 days after the issuance of competent agencies’ decisions on changes of family names, given names and/or middle names, dates of birth, or other changes in civil status, householders or persons making such changes or household representatives shall carry out procedures for adjustments in their household registration books.
b/ Within three months after the issuance of competent state agencies’ decisions on changes of administrative boundaries, administrative units, streets, house numbers, the residence registry offices shall notify citizens to come and carry out procedures for making adjustments in their household registration books. Within 30 days after the receipt of such notifications, citizens shall come to carry out the procedures for adjustments.
3. Within three working days after the adjustment of changes in household registration books, police offices of rural districts, urban districts or towns of centrally run cities; towns or provincial cities shall notify such to the citizens’ identities archives and police offices of communes, wards or townships in which the persons making such changes permanently reside.
4. Within three working days after the adjustment of changes in household registration books, police offices of communes or townships of provincial districts shall transfer the adjustment and supplementation dossiers to district police offices for archives. Within three working days after the receipt of dossiers, district police offices shall notify such to the citizens’ identities archives.
Article 13. Certification of citizens’ previous permanent residence registration
1. Certifying competence: Agencies competent to register permanent residence are competent to certify citizens’ previous permanent residence registration.
2. A dossier of application for certification comprises:
a/ The written notification of changes in household registration or membership;
b/ Papers or documents evidencing the citizen’s previous permanent residence registration (if any).
3. Within three working days after the receipt of a valid dossier, the competent agency shall make certifications and hand over the result to the citizen; in case of non-certification, it shall reply in writing and clearly state the reason. The certification contents cover basic information on each person: full name, other name (if any): date of birth; sex; native place: nationality; religion: people’s identify card number: place of permanent residence; permanent residence registration date and deletion date.
Article 14. Cancellation of results of illegal permanent residence registration
1. In case the permanent residence is registered ultra vires., without the conditions and for persons other than those defined in Articles 19 and 20 of the Residence Law and guided in this Circular, the directors of provincial Police Departments shall cancel the illegal permanent residence registration by police offices of rural districts, urban district or towns of centrally cities; or police offices of towns or provincial cities; heads of police offices of provincial districts shall cancel the illegal permanent residence registration by police offices of communes or townships of provincial districts.
2. Within three working days after the receipt of decisions on cancellation of illegal permanent residence registration, the agencies that have registered the permanent residence shall delete the names from household registration books and permanent residence registration books, recover the household registration books (if canceling the results of registration of all persons named in the household registration book).
3. Within three working days after the deletion of permanent residence registration, police offices of urban districts, rural districts or towns of centrally run cities; police offices of towns or provincial cities shall notify such to citizens’ identities archives and commune/ward/township police offices; police offices of communes or townships of provincial districts shall notify such to district pol ice offices, and district police offices shall such to notify citizens’ identities archives within three days after the receipt of notices of commune or township police offices.
Article 15. Places of residence not permitted for permanent residence registration transfer
1. The places of residence not permitted for permanent residence registration transfer are specified in Clause 4, Article 4 of Decree No. 107/ 2007/ND-CP.
2. Places of residence already planned for compensation, support and resettlement by competent state agencies specified at Point c. Clause 4, Article 4 of Decree No.l07/2007/ND-CPare places of residence with compensation, support and resettlement plans already approved by competent agencies.
Chapter III

TEMPORARY RESIDENCE REGISTRATION

Article 16. Procedures for temporary residence registration
1. A temporary residence registration dossier comprises:
a/ The written notification of changes in household registration or membership; household membership declaration;
b/ Papers evidencing the lawful domicile as provided for in Article 5. Decree No. 107/2007/ND-CP(unless householders possessing household registration books or temporary residence books give consent to the temporary residence registration, the papers on residence places need not to be produced). If the lawful domicile is leased, borrowed or permitted for stay, upon temporary residence registration, the lessor’s, lender’s or stay permitter’s consent to temporary residence registration must be written on the written notification of changes in household registration or membership, together with their full names and dates.
Identity cards or papers certified by police offices of communes, wards or townships in which such persons register their permanent residence must be produced.
2. If temporary residents arc permitted by householders to be listed in temporary residence books or to register their temporary residence at the latter’s permanent residence places, such permission must be written in the written notification of changes in household registration or membership, together with their full names and dates.
3. Temporary residence registrants shall submit the temporary residence registration dossiers to commune/ward/township police offices.
Article 17. Grant of temporary residence books
1. Temporary residence books shall be granted to temporary residence-registering individuals and households under Article 31 of the Residence Law and the guidance in this Circular, which are indefinitely valid for determining citizens’ temporary residence.
Pupils, students and trainees in their campuses or dormitories shall be each granted a separate temporary residence book if he/she wishes to register his/her temporary residence and be granted a separate temporary residence book; if having no need for separate temporary residence books, individuals, agencies and organizations shall make written requests for temporary residence registration, enclosed with a list of individuals who will be named in the temporary residence book. Such list includes basic information on each individual: full name; birth date; sex.; native place; nationality; religion; identity card number; occupation; working place, permanent residence place; temporary residence place.
2. When temporary residence books are damaged, they will be changed; if lost, they will be re-granted. The changed or re-granted temporary residence books bear the same serial numbers and contents as the old ones.
A dossier of application for change or re-grant of a temporary residence book comprises:
a/ The written notification of changes in household registration or membership;
b/ The damaged temporary residence book (for case of change).
3. Within two working days after the receipt of complete and valid dossiers, commune/ward/ township police offices shall change or re-grant temporary residence books for citizens.
Citizens who change their temporary residence to places outside communes, wards or townships will be granted new temporary residence books.
5. If in the course of temporary residence registration writing errors are made in the temporary residence books, within three working days after citizens request the correction, the temporary residence registry offices shall make corrections in the temporary residence books corresponding to the temporary residence registration dossiers.
6. Temporary residents shall preserve and use the temporary residence books strictly according to regulations; produce their temporary residence books upon inspection by competent police officers. It is strictly forbidden to modify, erase, mortgage, lend, lease or use temporary residence books in contravention of law.
Article 18. Adjustment of changes in temporary residence books
1. The subjects and dossiers of adjustment of changes in temporary residence books comply with Article 29 of the Residence Law.
2. The time limits for adjustment of changes in temporary residence books comply with Clause 2, Article 12 of this Circular.
3. Within three working days after the receipt of complete and valid dossiers, commune/ward/ township police offices shall adjust or supplement changes in temporary residence books for citizens and temporary residence registration books.
Article 19. Deletion of names in temporary residence registration books
1. Persons who have registered their temporary residence, when dead, missing or no longer living, working or studying in a place for six months or more, will have their names in the temporary residence registration books deleted by police offices of communes, wards or townships in which they have registered their temporary residence.
2. Persons who have registered their temporary residence but are then permitted to register their permanent residence will have their names in the temporary residence registration book deleted by police offices of communes, wards or townships in which they have registered their temporary residence.
Article 20. Cancellation of illegal temporary residence registration
1. In case temporary residence registration is carried out ultra vires, not for proper subjects or not under the conditions defined in Article 30 of the Residence Law and guided in this Circular, heads of the police offices of rural districts, urban districts, towns or provincial cities shall cancel the illegal temporary residence registration.
2. Within three working days after the receipt of decisions on cancellation of illegal temporary residence registration, commune/ward/town ship police offices that have registered the temporary residence shall delete the names of illegal temporary residence registrants in the temporary residence books, temporary residence registration books and withdraw the temporary residence books (if canceling the illegal registration of all persons named in the temporary residence books).
Chapter IV

STAY NOTIFICATION, TEMPORARY ABSENCE DECLARATION

Article 21. Stay and stay notification
1. Stay means a citizen’s living for a given period of time in a place in a commune, ward or township outside his/her residence place, which is not subject to temporary residence registration.
2. Families, collective dormitories, medical treatment establishments, hotels, motels and other establishments at which persons aged 14 or more stay shall notify their stays to commune/ ward/township police offices. Persons who come to slay shall produce to persons who are responsible for receiving stay notifications one of the following papers: identity card; valid Vietnamese passport; personal paper affixed with his/her photo and issued by a competent agency; paper on working mission issued by his/her management agency; written certification of the People’s Committee of the commune, ward or township in which he/she resides: other papers evidencing his/her personal identity.
3. The stay notification shall be made in person, via telephone or computer network. The stay duration depends on citizens’ demands. Persons who receive stay notifications shall make a note in stay receipt books and shall not grant any stay certification papers to citizens.
4. Stay notification-receiving places arc police offices of communes, wards or townships. Depending on their practical conditions, localities shall decide on other additional places for receipt of stay notifications, which shall inform and report data before 22.00 hrs every day to commune/ward/township police offices.
Article 22. Temporary absence declaration
1. Subjects of, and procedures for, temporary absence declaration comply with Article 32 of the Residence Law and the guidance in this Circular.
2. Temporary absence declarants shall go to police offices of communes, wards or townships in which they reside to carry out procedures for temporary absence declaration.
3. Temporary absence declarants defined in Clause 1, Article 32 of the Residence Law. when making temporary absence declaration, shall obtain written consent of competent individuals or agencies supervising and managing them.
Temporary absence declarants defined in Clause 2. Article 32 of the Residence Law shall decide by themselves on their absence duration.
4. Within one working day after the receipt of citizens’ requests, police offices of communes, wards or townships in which such citizens reside shall grant temporary absence declaration papers to citizens (for special cases, such time limit can be prolonged but must not exceed two working days).
Chapter V

RESIDENCE ADMINISTRATION RESPONSIBILITIES

Article 23. Responsibilities of provincial-level Police Departments
1. To take responsibility before the Ministry of Public Security and provincial-level People’s Committees for directing, guiding, inspecting and organizing the implementation of regulations on residence administration in their respective localities.
2. To assist provincial-level People’s Committees in directing commune-level People’s Committees to certify papers on lawful domiciles for citizens under Article 5 of Decree No. 107/2007/ND-CP.
3. To assume the prime responsibility for. and coordinate with information and propaganda agencies as well as local sectors and committees in, organizing propaganda on the residence law.
4. To report to the Ministry of Public Security and provincial-level People’s Committees on the situation and measures to settle problems arising in the course of residence administration in localities.
5. To examine, inspect and settle complaints and denunciations and handle violations of the law on residence.
6. To review and report on the residence situation and data to the Ministry of Public Security according to regulations.
7. To direct, examine and guide police offices of urban districts, rural districts, towns or provincial cities (below referred to as district-level police offices) in residence registration and administration work.
8. To perform other residence administration tasks according to regulations of the Ministry of Public Security.
Article 24. Responsibilities of police offices of urban districts, rural districts, towns or provincial cities
1. To fulfill the responsibilities prescribed in the Residence Law and guiding documents.
2. To be answerable to provincial-level Police Departments and the People’s Committees of urban districts, rural districts, towns or provincial cities (below referred to as district-level People’s Committees) for directing, guiding, inspecting and organizing the implementation of regulations on residence administration in their respective localities.
3. To assume the prime responsibility for, and coordinate with information and propaganda agencies as well as local sectors and committees in, carrying out propaganda on the law on residence.
4. To report to provincial-level Police Departments and district-level People’s Committees on the situation and measures to settle problems arising in the course of residence administration in localities.
5. To examine, inspect and settle complaints and denunciations, and handle violations of the law on residence according to their competence.
6. To review and report on the residence situation and data to provincial-level Police Departments according to regulations.
7. To manage the archives of permanent residence registration and administration dossiers according to regulations of the Ministry of Public Security.
8. To perform other residence administration tasks under regulations of superior police offices.
Article 25. Responsibilities of commune/ ward/township police offices
1.To fulfill the responsibilities defined in the Residence Caw.
2. To carry out residence registration and administration in areas under their management according to the Residence Law and regulations of the Ministry of Public Security.
3. To examine and settle complaints and denunciations, and handle violations of the law on residence according to their competence.
4. To review and report on the residence situation and data to district-level police offices according to regulations.
5. To organize propaganda on the law on residence.
6. To manage and archive temporary residence registration and administration dossiers according to regulations of the Ministry of Public Security.
7. To perform other residence administration tasks according to regulations of superior police offices.
Article 26. Residence examination
1. Residence examination shall be earned out through periodical or extraordinary inspections in response to requirements of crime prevention and combat as well as security and order maintenance activities.
2. Subject to residence examination are citizens, households, residence registration and administration agencies at all levels, and agencies and organizations involved in residence administration.
3. Residence examination contents include the realization and organization of the realization of residence registration and administration contents; rights and responsibilities of citizens households, agencies, organizations; and other contents prescribed by the residence law.
4. People’s police officers and combatants assigned to administer residence affairs in localities may directly examine the observance of the law on residence by citizens, households, agencies and organizations in geographical areas under their respective management. Upon examination, they may mobilize mass forces in charge of maintaining grassroots security and order as well as security guards of agencies and enterprises to jointly participate in their examination activities.
5. Residence examination by superior police offices in population areas must be witnessed by police officers assigned to administer residence affairs in such areas.
Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 27. Effect
This Circular takes effect on January 20,2011, and replaces the Ministry of Public Security’s Circular No.06/2007/TT-BCA-C11 of July 1. 2007. guiding a number of articles of the Residence Law and Decree No.l07/2007/ND-CP of June 25, 2007, detailing and guiding a number of articles of the Residence Law.
Article 28. Implementation responsibilities
1. Agencies and organizations shall, within the ambit of their respective functions, tasks and powers, direct the implementation of this Circular.
2. Provincial-level People’s Committees shall, within the ambit of their respective functions, tasks and powers, direct the implementation of this Circular in their respective localities; direct commune-level People’s Committees in certifying lawful domiciles under Article 5 of Decree No.107/2007/ND-CP and the guidance in this Circular in order to facilitate residence registration by citizens.
3. The Director General of Police for Administrative Management of Social Order and Safety has the responsibilities:
a/ To assist the Minister of Public Security in directing, guiding, inspecting and urging police units and local polices to implement regulations on residence registration and administration;
b/ To work out plans on propaganda and implementation of the Residence Law, guiding decrees and this Circular to police offices at all levels;
c/ To guide the uniform use of residence registration and administration forms, papers and books nationwide according to regulations of the Ministry of Public Security;
d/ To organize preliminary and final reviews of, and draw experiences from, residence registration and administration work nationwide; to apply advanced technologies to residence registration and administration and establish databases on residence;
c/ To report the situation and proposes to the Minister measures to settle problems and violations and matters arising in the course of residence registration and administration;
f/ To summarize residence data and situation nationwide;
g/ To suspend, cancel according to competence or propose competent authorities to suspend or cancel regulations of local police offices, agencies, organizations or People’s Committees at different levels which are contrary to this Circular;
Directors of the Police Departments for Administrative Management of Social Order shall assist the Director General of Police for Administrative Management of Social Order and Safety in performing the above-said responsibilities.
4. Directors of various General Departments, heads of units attached to the Ministry shall, within the ambit of their respective functions and tasks, organize the implementation of, and implement this Circular.
5. Directors of provincial-level Police Departments shall implement this Circular; consolidate citizen reception offices, publicize regulations on residence registration and administration; scrutinize and arrange residence registration and administration officers; guide and inspect professional forces and subordinate police offices in implementing, or organizing the implementation of. this Circular according to regulations.
If meeting with difficulties and problems in the course of implementing this Circular, police units and local polices are requested to promptly report them to the Ministry of Public Security (via the General Department of Police for Administrative Management of Social Order and Safety and the Legal Department) for timely guidance.-
 

The post Circular No. 52/2010/TT-BCA of November 30, 2010, detailing a number of articles of the residence law, Decree No. 107/2007/ND-CP of June 25, 2007, and Decree No. 56/2010/ND-CP of May 24, 2010, on residence appeared first on MP Law Firm.

THE NATIONAL ASSEMBLY
——–

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No.: 62/2010/QH12

Hanoi, November 24, 2010

LAW

AMENDING, SUPPLEMENTING A NUMBER OF ARTICLES OF LAW ON SECURITIES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending, Supplementing a number of Articles of Law on Securities No.70/2006/QH11.
Article 1. Amending, supplementing a number of Articles of the Law on Securities.
1. Article 1 is amended, supplemented as follows:
“Article 1. Scope of application
This Law provides for activities of securities offering, listing, transaction, trading and investment, securities services and securities market.”
2. Clause 1 Article 3 is amended, supplemented as follows:
“1. Activities of securities offering, listing, transaction, trading and investment, securities services and securities market shall be applicable to this Law and other relevant laws.”
3. Amending, supplementing clause 1, 5, 13, 20, 22, 23 and 26; supplementing clause 8a,12a and 27a Article 6 as follows:
“1. Securities mean evidence confirming its owners’ legitimate rights and benefits to the assets or capital shares of issuing organizations. Securities are shown under the form of certificates, book entries or electronic data, including the following types:
a) Stocks, bonds, fund certificates;
b) Rights to buy shares, warrants, call option, put option, futures, securities classes or indexes;
c) Investment capital contribution contracts;
d) Other securities are provided by the Ministry of Finance.”
“5. Rights to buy shares mean a security issued by Shareholding Company aiming at entitling existing holders to buy new shares according to conditions defined.”
“8a. Investment capital contribution contract means capital contribution contract in money or by assets between investors and contract issuing organization aiming at gaining profits and permitted to convert into other securities.”
“12a. Non-public offering of securities means organization offers securities to less than 100 investors, not including professional security investors and not usemass media or Internet.”
“13. Issuing organizations mean organizations implement the offering of securities.”
“20. Securities brokerage means an operation acting as an intermediary to buy for or sell securities to customers.”
“22. Securities issuance underwriting means a commitment made with an issuing organization to carry out procedures before the securities offering, undertaking to buy whole or part of the securities amount of the issuing organization for resale or to buy the amount of unsold securities of the issuing organization or to assist the issuing organization in distributing securities to the public.”
“23. Securities investment consultancy means the supply of analysis results, the publicity of analysis reports and securities-related recommendations to investors.”
“26. Securities portfolio management means the management that is upon each investor’ trust in the securities purchase, sale or holding securities and other assets.”
“27a. Real estate investment fund means securities investment fund which is invested mainly in real estate.”
4. Supplementing clause 5 Article 9 as follows:
“5. Implementing the work of securities business when has not yet granted permit or approved by the State Securities Commission.”
5. Amending name of Chapter II as follows:
“Chapter II

OFFERING OF SECURITIES”

6. Supplementing Article 10a right after Article 10 as follows:
“Article 10a. Non-public offering of securities
1. Non-public offering of securities of issuing organization that is not public company shall be implemented according to regulations of the Law on Enterprise and other regulations of relative law.
2. Conditions for non-public offering of securities of public company include:
a) Having decision of shareholders’ general assembly or management board to pass the plan of offering and the use of the generated amount from the offering phase; defining clearly objects, quantity of investors;
b) The assignment of shares, non-public offering convertible bonds is restricted for selling at least 01 year, since the date of completing offering phase, except for the case of non-public offering according to the program of selection for laborers in the company, assignment of individual’s shares to professional securities investor, securities assignment between professional securities investors according to court’s decision or inheriting under regulations of law;
c) Offering phases of shares, non-public offering convertible bonds must be 06 months away each other.
3. The Government provides specifically dossiers, procedures for non-public securities offering.”
7. Supplementing point d clause 1 Article 12 as follows:
“d) Public company registering the securities offering to the public must commit to send securities into organized stock market to transact within 01 year since the date of ending offering phase passed by shareholders’ general assembly.”
8. Point d clause 1 Article 14 is amended, supplemented as follows:
“d) The decision of the shareholders’ general assembly passing the issuance plan and the plan on use of generated capital and commitment of sending securities into organized stock market for transaction”
9. Clause 1 Article 24 is amended, supplemented as follows:
“1. Issuing organizations that have completed the stocks offering to the public, becoming public companies and, therefore, have to fulfill the obligations of a public company specified in Clause 2, Article 27 of this Law. Dossiers for registration of securities offering to the public shall be regarded as public company dossiers and issuing organizations are not required to submit its dossiers defined in Clause 1, Article 26 of this Law to the State Securities Commission.
Issuing organizations that are public companies must implement the commitment of sending offered securities into organized stock market for transaction as provided in   point dclause 1 Article 12 of this Law.”
10. Article 28 is amended, supplemented as follows:
“Article 28. Public companies governance
1. The public companies governance must comply with regulations of this Law, the Law on Enterprise and other regulations of relative law.
2. The principles of public companies governance include:
a) Ensuring suitable governing structure; ensuring the operation efficiency of the management board, the inspection committee;
b) Ensuring shareholders’ benefits, relative persons;
c) Ensuring fair treatment between shareholders;
d) Publicizing, being clear every activity of the company.
3. The Ministry of Finance provides specifically this Article.”
11. Article 32 is amended, supplemented as follows:
“Article 32. Public bid
1. The following cases are subject to public bid:
a) Bids for voting stocks, the closed fund certificates which lead to the ownership of twenty five percent or more of outstanding stocks, the closed fund certificates of a public company, closed fund;
b) Organizations, individuals and relative persons hold from twenty five percent or more of voting stocks, fund certificates of a public company, closed fund that continue to buy from 10% or more of voting stocks, outstanding fund certificates of a public company, closed fund;
c) Organizations, individuals and relative persons hold from twenty five percent or more of voting stocks, fund certificates of a public company, closed fund that continue to buy from 5% to less than 10% of voting stocks of a public company, closed fund in a period of less than one year since the date of ending previous public offering phase.
2. The following cases are not required to offer publicly:
a) Buying newly published stocks, fund certificates which lead to the ownership of twenty five percent or more of voting stocks, fund certificates of a public company, closed fundaccording to issuing plan passed by shareholders’ general assembly of public company, representative board of the closed fund;
b) Receiving the assignment of voting stocks, fund certificates which lead to the ownership of twenty five percent or more of voting stocks, fund certificates of a public company, the closed fund passed by shareholders’ general assembly of public company, representative board of the closed fund;
c) The assignment of stocks between companies in the enterprise held under model of parent-subsidiary Company;
d) Giving, inheriting stocks;
đ) Assigning capital according to decision of the courts;
e) Other cases which are decided by the Ministry of Finance.
3. The Government provides specifically the public offering of stocks of a public company, closed fund.”
12. Amending, supplementing clause 1 and supplementing clause 4 Article 33 as follows:
“1. Stock exchange shall organize a securities trading market for securities that are qualified for listing at such stock exchange; the organization of other stock trading market shall comply with regulations of the Government.”
“4. Stock exchange is implemented to joint with other countries’ Stock exchange according to decision of the Prime Minister.”
13. Clause 3 Article 40 is amended, supplemented as follows:
“3. The Government shall specify the conditions, dossiers and procedures for listing securities of the Vietnam issuing organizations, the foreign issuing organizations at stock exchanges or securities trading centers of Vietnam; to specify the conditions, dossiers and procedures for listing securities of the Vietnam issuing organizations at foreign stock exchanges.”
14. Clause 3 Article 60 is amended, supplemented as follows:
“3. Apart from the securities business operation provided in clause 1 of This Article, securities companies are entrusted to manage the securities trading accounts of individual investors, provide financial advisory services and other financial services in accordance with regulations of the Ministry of Finance.”
15. Clause 1 Article 61 is amended, supplemented as follows:
“1. Fund management companies may conduct the following business operations:
a) Management of securities investment funds;
b) Management of securities portfolios;
c) Consulting securities investment”
16. Article 74 is amended, supplemented as follows:
“Article 74. Provision on financial safety and warning
Securities companies and fund management companies must ensure financial safety criteria in accordance with regulations of the Ministry of Finance; if financial safety criteria may not be ensured, such companies shall be put under warning status or applicable to safety ensuring measures.”
17. Point d clause 1 Article 92 is amended, supplemented as follows:
“d) Investing more than ten percent of the total asset value of a the closed fund in real estate except for the case of being the real estate investment fund; investing capital of an opened fund in real estate;”
18. Clause 1 and clause 3 Article 100 are amended, supplemented as follows:
“1. Issuing organizations, public companies, securities companies, fund management companies, securities investment companies, stock exchanges and securities trading centers, securities depository center and relative persons are obliged to disclose information sufficiently, accurately and timely.”
“3. The disclosure of information shall be conducted by legal representative or authorized persons and relative persons.”
19. Article 101 is amended, supplemented as follows:
“Article 101. Disclosure of information of public companies
1. Public companies must disclose information periodically for one of the following contents:
a) Annual financial statements were audited, six-month financial statements were reviewed by an independent audit company or audit organization approved, quarterly financial statements;
b) Resolution of the Annual Shareholders’ general assembly.
2. Public companies must disclose any irregular information as happening one of the following cases:
a) Company’s bank account is blocked or permitted to operate again after being blocked;
b) Temporary suspension of business; being revoked certificates of business registration or license for establishment and operation or operation license;
c) Passing decision of shareholders’ general assembly according to provisions of the Law on Enterprise;
d) The decision of management board on the reacquisition, resale of shares of the company; the date of exercising the right to buy shares of bondholders with rights to purchase shares or the date of conversion of convertible bonds into stocks and decisions relating to the offering as prescribed in clause 2 Article 108 of the Enterprise Law; strategies, medium term development plan and annual business plans of the company; establishment of subsidiaries, joint companies; closing, opening branches, representative offices, changing the name and address of company headquarters; capital contribution valued at ten percent or more of total assets of the company into an other organization; capital contribution valued at fifty percent or more of total capital of companies receiving capital;
đ) Decision to change applicable accounting methods; excepted opinion or declining to express an opinion of the audit organization for financial statement, the change of audit firms;
e) When any change to members of management board, inspection committee, General Director, Deputy Director General or Director, Deputy Directors, Chief Accountant; having the decision to prosecute members of management board, Director General, Deputy Director General or Director, Deputy Directors, Chief Accountant of the company; having the verdict, the court’s decision related to the operation of the company; having conclusions of the tax agencies for company’s tax law violations;
g) Buying, selling assets valued at more than fifteen percent of the company’s total assets per balance sheet of latest audit;
h) Decision on borrowing or issuing bonds valued at thirty percent of equity at the time of the latest report or more;
i) The company received notice of the Court that they accepted the petition for bankruptcy procedures;
k) Being lost property valued at ten percent of equity or more;
l) Having events that affect seriously business operations or management situation of the listing organizations;
m) Upon happening one of events seriously affect the lawful interests of investors, the stock price increased or decreased continuously during a certain time and the sustainable development of stock markets at the proposal of the State Securities Commission.
3. The Ministry of Finance shall specify specifically the contents, timing of information disclosure for each type of public companies.”
20. Clause 3 Article 104 is amended, supplemented as follows:
“3. Securities companies must disclose information at headquarters, branches for the changes relating to addresses of headquarters, branches; the contents relating to the transaction method, placing orders, deposits, time of payment, transaction fees, provision services and list of persons operating securities of the company.”
21. Article 136 is amended, supplemented as follows:
“Article 136. Detailing and guiding the implementation
The Government detailing and guiding the implementation of Articles, clauses assigned in law; guiding other necessary contents of this law to meet requirement on state management.”
Article 2. Annulling Article 103 and clause 2 Article 106 of the Law on Securities No.70/2006/QH11
Article 3. This Law takes effect on July 01, 2011.
This Law was passed on November 24, 2010, by the XII^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.
 

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THE MINISTRY OF PLANNING AND INVESTMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 21/2010/TT-BKH

Hanoi, October 28, 2010

CIRCULAR

DETAILING THE APPRAISAL OF BIDDING DOSSIERS OR DOSSIERS OF REQUIREMENTS

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QH11;
Pursuant to June 19, 2009 Law No. 38/2009/ QH12 of June 19, 2009, Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment
Pursuant to the Government’s Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;
Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
The Ministry of Planning and Investment details the appraisal of bidding dossiers or dossiers of requirements as follows:
Article 1. Scope of regulation
This Circular provides for the appraisal of bidding dossiers or dossiers of requirements for bid packages under procurement projects or plans governed by the Bidding Law.
Article 2. Subjects of application
This Circular applies to agencies. organizations and individuals in charge of appraising bidding dossiers or dossiers of requirements specified in Article 59 of Decree No. 85/2009/ND-CPincluding agencies, organizations and individuals assigned or consultancy contractors (organizations or individuals) selected under the bidding law to appraise bidding dossiers or dossiers of requirements (below referred to as appraising agencies and organizations).
Organizations involved in the making of bidding dossiers or dossiers of requirements arc not allowed to participate in appraising bidding dossiers or dossiers requirements under the same bid package.
Article 3. To-be-appraised contents
The to-be-appraised contents of a bidding dossier or dossier of requirements cover:
1. Documents used as grounds for the making of the biding dossier or dossier of requirements according to the bidding law and other relevant laws.
2. The adherence of the bidding dossier or dossier of requirements to the following principles:
a/ The bidding dossier or dossier of requirements must be made based on the model dossier issued by the Ministry of Planning and Investment (below referred to as the model dossier). In case the bidding dossier or dossier of requirements is made with some modifications lo the compulsory contents guided in the model dossier, the appraising agency or organization shall consider written explanations of the bid solicitor or consultant on the making of the bidding dossier or dossier of requirements (below referred to as the maker of the bidding dossier or dossier of requirements) so as to ensure compliance with the bidding law;
b/ The bidding dossier or dossier of requirements (for competitive offering) must not impose conditions to restrict the participation of contractors or create advantages for one or several contractors, thus leading to unfair competition:
c/ The bidding dossier or dossier of requirements must be compatible with the procurement project or plan, the approved bidding plan and the nature and requirements of the bid package.
3. The bidding dossier’s or dossier of requirements’ contents which are inadequate, unclear or inconsistent with the objective, scope and schedule of implementation of the procurement project or plan and contents of the bid package as stated in the bidding plan and the bidding law and other relevant laws.
4. Divergent opinions (if any) of the maker of the bidding dossier or dossier of requirements.
5. Other contents (if any).
Article 4. Requirements on appraising agencies’ or organizations’ staff members
Staff members of appraising agencies and organizations (including individual consultants) must satisfy the following conditions:
1. Having a certificate of training course in bidding;
2. Possessing professional qualifications related to the bid package concerned:
3. Having performed for at least 3 years the assigned job or at least 1 year, for those who are assigned to appraise bid packages to be implemented in remote, deep-lying or exceptional difficulty-stricken areas.
4. Possessing foreign language skills up to requirements for bid packages put up for international bidding.
5. Having not been involved in the making of bidding dossiers or dossiers of requirements under the same bid package.
Article 5. Process of appraising bidding dossiers or dossiers of requirements
1. The maker of a bidding dossier or dossier of requirements shall submit the dossier (normally 1 set) to the investor and, at the same time, send 1 copy of the dossier to the appraising agency or organization.
The dossier maker shall enclose the bidding dossier or dossier of requirements with relevant legal documents, including:
a/ Document approving the project or cost estimate (for regular procurement);
b/ Document approving the bidding plan or adjusted bidding plan (if any);
c/ Designing documents (the design approving document, if any) together with approved cost estimates (for construction and installation bid packages);
d/ Relevant legal documents (if any).
2. The appraising agency or organization shall make an appraisal report according to the model report on appraisal of bidding dossiers or dossiers of requirements issued together with this Circular (nor printed herein) and submit such report to the investor and, concurrently send it to the maker of the bidding dossier or dossier of requirements.
The appraising agency or organization shall enclose the appraisal report to the investor with the following documents:
a/ The appraising agency’s or organization’s document requesting the dossier maker to supplement documents or give explanations, when necessary:
b/ Supplementary documents and explanations of the dossier maker, if any:
c/ The meeting minutes of the appraisal agency or organization (if any);
d/ Divergent opinions of staff members of the appraisal agency or organization (if any).
3. The time limit for the appraisal of a bidding dossier or dossier of requirements is 20 days or 30 days for bid packages to be approved by the Prime Minister. The appraisal time limit shall be counted from the date the appraising agency or organization receives a complete dossier as prescribed in Clause 1 of this Article until the date it completes an appraisal report.
4. For bid packages put up for international bidding, if the bidding dossier or dossier of requirements is made in both Vietnamese and English, the appraisal shall be made based on the English version. The dossier maker shall take responsibility for the consistency between the English and Vietnamese versions.
5. Based on the appraisal agency or organization’s recommendations for modification of the bidding dossier or dossier of requirements, the investor shall consider and decide on the re- appraisal of the bidding dossier or dossier of requirements after such dossier is modified based on the first appraisal report. Re-appraisal shall follow the procedures prescribed in this Article.
Article 6. Model report on the appraisal of bidding dossiers or dossiers of requirements
The model report on appraisal of bidding dossiers or dossiers of requirements issued together with this Decision has the following principal contents:
I. Basic information
II. Summarization of appraisal results
III. Comments and recommendations.
In this model dossier, contents printed in italic arc for instructive and illustrative purposes which may be concretized by users based on the size and characteristics of each bid package. When necessary to modify or supplement contents printed in regular font, appraising agencies or organizations shall give written explanations, ensure compliance with the bidding law and take responsibility before law for those modifications.
Article 7. Organization of implementation
1. This Circular takes effect on December 15, 2010.
2. Ministries, ministerial-level agencies, government-attached agencies, other central agencies. People’s Committees at all levels and concerned organizations and individuals shall implement this Circular.
3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies. People’s Committees at all levels and concerned organizations and individuals should report problems arising in the process of the implementation of this Circular to the Ministry of Planning and Investment for timely consideration and adjustment.-
 

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THE NATIONAL ASSEMBLY
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 44/2009/QH12

Hanoi, November 25, 2009

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE EDUCATION LAW

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Education Law No. 38/2005/QH11.
Article 1. To amend and supplement a number of articles of the Education Law.
1. To amend and supplement Clause 2, Article 6 as follows:
“2. Educational programs must ensure modernity, stability, consistency, practicality, reasonability and inheritability among different educational grades and different training levels: facilitate the streaming, transferability and conversion between training levels, disciplines and educational forms in the national education system; provide a basis to ensure comprehensive education quality; and meet international integration requirements.”
2. To amend and supplement Clause 1, Article 11 as follows:
“1. Preschool education for five-year-old children, primary education and lower secondary education shall be made universal. The State shall decide on educational universalization plans and assure conditions for the universalization of education nationwide.”
3. To amend and supplement Article 13 as follows:
“Article 13. Investment in education
Investment in education is development investment. Investment in education is a particular investment in the domain subject to conditional investment and entitled to investment incentives.
The State prioritizes investment in education, encourages domestic organizations and individuals, overseas Vietnamese and foreign organizations and individuals to invest in education and protects their legitimate rights and interests.
The Stale budget must play the key role in the total resources invested in education.”
4. To amend and supplement Clause 3, Article 29 as follows:
“3. The Minister of Education and Training shall, based on appraisals made by the National Council for Appraising General Education Programs and Textbooks, promulgate general education programs; approve and select textbooks for official, stable and uniform use in teaching and learning at general education institutions, including textbooks in Braille and ethnic minority languages and textbooks for students of specialized schools; provide standards of. and processes to develop and modify, general education programs and textbooks; and define the tasks, powers, operation mode, criteria, number and composition of members of the National Council for Appraising General Education Programs and Textbooks.
The Minister of Education and Training shall take responsibility for the quality of general education programs and textbooks.”
5. To amend and supplement Clause 2, Article 35 as follows:
“2. Professional education textbooks must concretize requirements on knowledge and skills defined in the educational program for each subject, discipline, profession and training level of professional education, meeting the requirements on professional education methods.
Principals of schools or directors of vocational training centers shall develop or select and approve professional education textbooks for official use in teaching and learning in professional education institutions, based on appraisals of textbook appraisal councils set up by the principals of schools or directors of vocational training centers, to ensure sufficient teaching and learning materials.
The Minister of Education and Training and the head of the state management agency in charge of vocational training shall provide according to their competence the preparation, selection, appraisal, approval and use of professional education textbooks and prescribe common textbooks and organize the preparation and approval of textbooks for common use by professional education institutions.”
6. To amend and supplement Clause 4, Article 38 as follows:
“4. Doctoral training, which is provided for four academic years for holders of university degrees, and from two to three academic years, for holders of master degrees. In special cases, the duration of doctoral training may be extended or shortened as stipulated by the Minister of Education and Training.
Postgraduates who are unable to attend continuous training and permitted by educational institutions to do so shall still ensure the duration of training under this Clause to complete a doctoral training program, with at least one year of continuous training.”
7. To add the following Clause 5 to Article 38:
“5. The Minister of Education and Training shall coordinate with ministers and heads of ministerial-level agencies in specifying intensive training in practicing and application skills for university graduates of some special fields of training.”
8. To amend Clause 2, Article 41 as follows:
“2.Tcxtbooks of university education must concretize requirements on knowledge and skills defined in the educational program for each subject, discipline and training level of university education, meeting the requirements on university education methods.
Rectors of colleges or universities shall organize the preparation of or select and approve tertiary education textbooks for official use in teaching and learning in their colleges or universities, based on the appraisals of textbook appraisal councils set up by the rectors of colleges or universities, to ensure sufficient teaching and learning materials.
The Minister of Education and Training shall provide the preparation, selection, appraisal, approval and use of tertiary education textbooks and provide common textbooks and organize the preparation and approval of textbooks for common use by colleges and universities.”
9. To amend and supplement Point b, Clause 1, Article 42 as follows:
“b/ Colleges, universities and academies (below referred to as universities), which provide collegial and university training and master and doctoral training when permitted by the Minister of Education and Training.
Scientific research institutes, which provide doctoral training and cooperate with universities in providing master training when permitted by the Minister of Education and Training.”
10. To amend and supplement Clause 2, Article 42 as follows:
“2. Universities and scientific research institutes may provide doctoral training when meeting the following conditions:
a/ Having sufficient professors, associate professors and doctors capable of formulating and implementing training programs and organizing thesis evaluation councils:
b/ Having physical foundations and equipment to meet doctoral training requirements:
c/ Having experience in scientific research: having conducted researches related to scientific subjects under state-level scientific programs or quality scientific researches which have been announced domestically and overseas: having experience in training and retraining scientific researchers.”
11. To amend and supplement Clause 6, Article 43 as follows:
“6. The Minister of Education and Training shall coordinate with ministers and heads of ministerial-level agencies in prescribing diplomas to recognize practicing and application skills of university graduates in some special fields of training having received intensive training therein.”
12. To add Point c to Clause 1, Article 46 as follows:
“c/ Foreign language and computer skill-training centers established by organizations and individuals.”
13. To amend and supplement Clause 3, Article 46 as follows:
“3. Continuing education centers shall implement continuing education programs specified in Clause 1. Article 45 of this Law and may not implement educational programs to grant diplomas of professional education and tertiary education. Community-based learning centers shall implement educational programs specified at Points a and b. Clause 1. Article 45 of this Law. Foreign language and computer skill-training centers shall implement educational programs on foreign languages and computer skill-training specified at Point c. Clause I. Article 45 of this Law.”
14. To amend and supplement Clause 2, Article 48 as follows:
“2. Schools of all types in the national education system are established under the State’s master plans and plans to develop education. The State shall create conditions for public schools to play the leading role in the national education system.
The conditions, procedures and competence to establish or permit the establishment of schools and permit or terminate educational activities; merger, division, separation and dissolution of schools arc provided in Articles 50. 5()a. 50b and 51 of this Law.”
15. To amend and supplement Article 49 as follows:
“Article 49. Schools of state agencies, political organizations, socio-political organizations and people’s armed forces
1. Schools of state agencies, political organizations and socio-political organizations shall train and retrain cadres and civil servants. Schools of people’s armed forces shall train and retrain officers, non-commissioned officers, professional army personnel and defense workers; and retrain leaders and state administrators in defense and security tasks and knowledge.
2. Schools of state agencies, political organizations, socio-political organizations and people’s armed forces are educational institutions of the national education system under Articles 36 and 42 of this Law if they meet socio-economic development requirements, arc organized and operate under the Education Law and charters of schools at each educational grade and training level, are licensed for educational activities by competent state agencies, and implement educational programs to award diplomas and certificates of the national education system.
3. The Government shall provide in detail schools of state agencies, political organizations, socio-political organizations and people’s armed forces.”
16. To amend and supplement Article 50 as follows:
“Article 50. Conditions on establishment of schools and licensing of educational activities
1. A school is established when the following conditions are fully met:
a/ Having a school establishment plan in conformity with the master plans on socio­economic development and the network of educational institutions already approved by competent state agencies:
b/ The school establishment plan clearly identifies educational objectives, tasks, programs and contents: land, physical foundations, equipment, location planned for school building, organizational apparatus, resources and finance: and orientations and strategies for school building and development.
2. A school may operate when it fully meets the following conditions:
a/ Having a decision to establish the school or permit its school establishment:
b/ Having land, buildings, physical foundations and equipment meeting requirement on educational activities:
c/ Its building location ensuring an educational environment and safety for its learners, trainers and employees;
d/ 1 laving educational programs and teaching and learning materials relevant to each educational grade and training level under regulations;
e/ Having qualified teachers and administrators sufficient in number and structure, ensuring the implementation of educational programs and organization of educational activities:
f/ Having sufficient financial resources under regulations to maintain and develop educational activities;
g/ Having a charter on organization and operation of the school.
3. Within the prescribed time limit, a school fully meeting the conditions under Clause 2 of this Article shall be licensed for educational activities by a competent authority. Past the prescribed time limit, a school failing to fully meet the prescribed conditions shall have the decision to establish the school or permit its establishment withdrawn.
4. The Prime Minister shall specify the conditions to establish and license educational activities of universities; the Minister of Education and Training and the head of the vocational training state management agency shall specify according to their competence specific conditions to establish schools and license educational activities of schools at other educational grades and training levels. ”
17. To add Article 50a and Article 50b as follows:
“Article 50a. Suspension of educational activities
1. A school shall he suspended from educational activities when:
a/ It commits frauds in order to be licensed for educational activities:
b/ It fails to meet one of the conditions under Clause 2. Article 50 of this Law;
c/ It is licensed for educational activities ultra vire;
d/ It fails to carry out educational activities within the prescribed lime limit after being licensed:
e/ It violates the education law and is administratively sanctioned at the level of operation suspension;
f/ In other cases under law,
2. A decision to suspend educational activities of a school must clearly stale the reason for and duration of suspension and measures to guarantee the interests of its teachers, learners and employees. This decision shall be announced in the mass media.
3. After the suspension duration, if the causes of such suspension are remedied, the person competent to decide on the suspension shall issue a decision to permit the school to resume its educational activities.
Article 50b. School dissolution
1. A school is dissolved when:
a/ It seriously violates regulations on the management, organization and operation of the school:
b/ It tails to remedy causes of its operation suspension after the suspension duration:
c/ The operation objectives and contents stated the decision to establish the school or permit its establishment no longer meet socio­economic development requirements:
d/ Such dissolution is requested by the organization or individual establishing the school.
2. A decision to dissolve a school must clearly state the reason for dissolution and measures to guarantee the interests of its teachers, learners and employees. This decision shall be announced in the mass media.'”
18. To amend and supplement Article 51 as follows:
“Article 51. Competence and procedures to establish schools or permit the establishment, permit and suspend educational activities: and merger, division, separation and dissolution of schools
1. The competence to establish public schools and permit the establishment of people-founded and private schools is provided for as follows:
a/ Chairpersons of district-level People’s Committees shall make decisions for crèches, kindergartens, primary schools, lower secondary schools, and semi-boarding general education schools for ethnic children:
b/ Chairpersons of provincial-level People’s Committees shall make decisions for upper secondary schools, boarding general education schools for ethnic children and vocational intermediate schools of provinces:
c/ Ministers and heads of ministerial-level agencies shall make decisions for their attached vocational intermediate schools:
d/ The Minister of Education and Training shall make decisions for colleges and pre-university schools: the head of the vocational training slate management agency shall make decisions for vocational colleges:
e/ The Prime Minister shall make decisions for universities.
2. The Minister of Education and Training shall license educational activities for tertiary education institutions.
The Minister of Education and Training, the head of the vocational training state management agency shall provide the competence to license educational activities for schools at other educational grades and training levels.
3. Those having the competence to establish schools or permit the establishment of schools have the competence to withdraw decisions to establish, or permit the establishment of. merge, divide, separate or dissolve, these schools.
4. The Prime Minister shall provide in detail procedures to establish, or permit the establishment, permit or suspend educational activities, permit the merger, division, separation and dissolution of, universities. The Minister of Education and Training, the head of the vocational training state management agency shall, based on their competence, specify procedures to establish, or permit the establishment, permit or suspend educational activities, and permit the merger, division, separation and dissolution of, schools of other educational grades and training levels.”
19. To amend and supplement Clause 1, Article 58 as follows:
“1. To publicize educational objectives and programs, resources and finance, education quality evaluation results and the system of diplomas and certificates of the school.
To organize teaching, learning and other educational activities according to educational objectives and programs: to certify or award diplomas and certificates according to its competence.”‘
20. To amend and supplement Point b, Clause 1, Article 69 as follows:
“b/ Centers for general technical education and vocational orientation: vocational training centers: continuing education centers; community-based learning centers: foreign language and computer skill-training centers.”
21. To amend and supplement Point c, Clause 1, Article 69 as follows:
“c/ Scientific research institutes, which are licensed to provide doctoral training and cooperate with universities to provide master training.”
22. To amend and supplement Clause 2, Article 69 as follows:
“2. Scientific research institutes, when assigned by the Minister of Education and Training to coordinate with universities in providing master training, shall sign contracts with universities to organize such training.”
23. To amend and supplement Clause 3, Article 70 as follows:
“3. Teachers with basic or intermediate vocational training degree and professional secondary degree working at institutions of preschool education, general education and professional education are called teachers. Those teaching at university education institutions and vocational colleges are called lecturers.”
24. To amend and supplement Article 74 as follows:
“Article 74. Visiting lecturing
1. Visiting lecturing is the lecturing at an educational institution by a person fully meeting the criteria under Clause 2. Article 70 of this Law at the invitation of that educational institution. The person invited to give lectures at an educational institution is called visiting teacher or lecturer.
2. A visiting teacher or lecturer shall perform the duties defined in Article 72 of this Law. A visiting teacher or lecturer being a cadre or civil servant shall assure the fulfillment of his/her tasks at the agency where he/she works.
3. Invitation of Vietnamese teachers and scientists, overseas Vietnamese scientists and foreigners to teach at educational institutions as visiting teachers or lecturers is encouraged.”
25. To amend and supplement Article 78 as follows:
“Article 78. Educational institutions providing training and refresher training for teachers and educational administrators
1. Educational institutions providing training and refresher training for teachers include pedagogical institutions, educational institutions with a pedagogical faculty and educational institutions licensed to provide training and refresher training for teachers.
Pedagogical institutions are established by the State to provide training and refresh (raining for teachers and educational administrators. Pedagogical institutions are given priority in recruitment of teachers, allocation of administrators, investment in building physical foundations and dormitories, and assurance of training funds. Pedagogical institutions have schools or establishments for practice.
3. Educational institutions providing training and refresher training for educational administrators include tertiary education institutions with an education administration faculty and educational institutions licensed to provide training and refresher training for educational administrators.
4. The Minister of Education and Training shall license educational institutions to provide training and refresher training for teachers and educational administrators.”
26. To amend and supplement Article 81 as follows:
“Article 81. Salaries
Teachers will enjoy salaries, professional allowances, seniority allowances and other allowances under the Government’s regulations.”
27. To amend and supplement Clause 4, Article 100 as follows:
“4. People’s Committees at all levels shall, within the scope of their tasks and powers, perform the state management of education as decentralized by the Government, including planning of the educational institution network; examine local educational institutions in observing the education law; assure conditions on teachers, finance, physical foundations and teaching equipment of public schools under their management; and develop types of schools and socialize educational activities, meeting the requirements of expanding the scale and raising the quality and efficiency of education in their localities.”
28. To amend and supplement Clause 2, Article 101 as follows:
” 2. School fees, enrolment fees: revenues from counseling, technology transfer, production, business and service activities of educational institutions; investments of domestic and foreign organizations and individuals for educational development: and other funds from domestic and foreign organizations and individuals under law.
The State encourages organizations and individuals to give donations and supports for educational development. Abuse of donation and support for education to force contributions in cash or in kind is prohibited.”
29. To add the following Clause 4 to Article 108:
“4. The Prime Minister shall provide in detail overseas teaching, study, scientific research and academic exchange by Vietnamese citizens: and educational cooperation with foreign organizations and individuals and overseas Vietnamese.”
30. To amend and supplement Article 109 as follows:
“Article 109. Encouragement of educational cooperation with Vietnam
1. The Vietnamese State shall encourage and create conditions for foreign organizations and individuals, international organizations and overseas Vietnamese to teach, study, invest in. fund, cooperate on. apply sciences and transfer technology to. education in Vietnam: and protect their legitimate rights and interests in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Educational cooperation with Vietnam must ensure education of learners in personality, qualification and civic capacity; respect the identity of national culture; fulfill educational objectives and meet requirements on educational contents and methods suitable to each educational grade and training level in the national education system; and carry out educational activities in accordance with Vietnamese law.
3. Foreign cooperation on and investment in education in Vietnam include:
a/ Establishment of educational institutions;
b/ Training partnership:
c/ Establishment of representative offices;
d/ Other forms of cooperation.
4. The Government shall provide in detail foreign cooperation on and investment in education.”
31. To add the following Section 3a to Chapter VII:
“Section 3a
EDUCATION QUALITY ASSESSMENT
Article 110a. State management of education quality assessment
1. To promulgate regulations on criteria for evaluating education quality: processes and periods of education quality assessment at each educational grade and training level; and operation principles of and conditions and criteria for organizations and individuals conducting education quality assessment; to license education quality assessment: and to grant and withdraw certificates of education quality assessment.
2. To manage the assessment of educational programs and educational institutions.
3. To guide organizations, individuals and educational institutions in appraising and assessing education quality.
4. To examine and evaluate the observance of regulations on education quality assessment.
Article 110b. Principles of education quality assessment
Education quality assessment must adhere to the following principles:
1. Independence, objectiveness and lawfulness.
2. Honesty, publicity and transparency.
Article 110c. Education quality assessment organizations
1. Education quality assessment organizations include:
a/ Education quality assessment organizations established by the State:
b/ Education quality assessment organizations established by organizations or individuals.
2. The Minister of Education and Training shall decide on or permit the establishment of education quality assessment organizations; and provide conditions to establish and dissolve, and tasks and powers of. education quality assessment organizations.”
Article 2.
1. This Law takes effect on July 1. 2010.
This Law was passed on November 25, 2009, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.
 

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THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 78/2009/ND-CP

Hanoi, September 22, 2009

DECREE

DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE NATIONALITY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Vietnamese Nationality;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree details Articles 13, 19, 20, 22, 23, 24, 27, 28, 32 and 34 and guides some other articles of the Law on Vietnamese Nationality.
Article 2. Consular legalization, certification and translation of papers in nationality dossiers into Vietnamese
1. Papers in dossiers of application for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality and those required for the settlement of other nationality-related matters which are issued by competent foreign agencies must be consularly legalized, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Foreign-language papers in dossiers specified in Clause 1 of this Article must be translated into Vietnamese and certified according to Vietnam’s law.
Article 3. Notification of results of settlement of nationality-related matters
The Ministry of Justice shall make notification to applicants for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality under Article 41 of the Law on Vietnamese Nationality and concurrently to People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees), if the applicants submit dossiers in the country.
Applicants for restoration or renunciation of Vietnamese nationality who submit dossiers at overseas Vietnamese representative missions will be notified of settlement results via the Ministry of Foreign Affairs.
Article 4. Fees for settlement of nationality-related matters
1. Applicants for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality and registrants for retention of Vietnamese nationality shall pay fees, except for cases specified in Clause 2 of this Article.
The rates and the collection, payment, management and use of fees shall be prescribed by the Minister of Finance.
2. The following persons are exempted from fees for naturalization in Vietnam or restoration of Vietnamese nationality:
a/ Those who have made special meritorious contributions to Vietnam’s national construction and defense and now apply for naturalization in Vietnam or restoration of Vietnamese nationality;
b/ Those who are categorized as poor under law;
c/ Stateless persons who apply for naturalization in Vietnam under Article 22 of the Law on Vietnamese Nationality.
3. Agencies receiving dossiers of application for naturalization in Vietnam or restoration of Vietnamese nationality shall base themselves on the Finance Ministry’s regulations to decide on fee exemption on a case-by-case basis.
Chapter II

DETAILED PROVISIONS AND GUIDANCE ON A NUMBER OF ARTICLES ON NATURALIZATION IN VIETNAM, RESTORATION AND RENUNCIATION OF VIETNAMESE NATIONALITY AND REGISTRATION FOR RETENTION OF VIETNAMESE NATIONALITY

Section I. NATURALIZATION IN VIETNAM
Article 5. Some conditions on naturalization in Vietnam
Points c, d and e, Clause 1, Article 19 of the Law on Vietnamese Nationality are specified as follows:
1. The applicant’s ability to know Vietnamese sufficiently to integrate into the Vietnamese community will be evaluated based on his/her skills of communication in Vietnamese with Vietnamese citizens, taking account of their living and working environment.
2. Applicants for naturalization in Vietnam under Clauses 1 and 2. Article 19 of the Law on Vietnamese Nationality must be those who permanently reside in Vietnam and possess permanent residence cards granted by competent Vietnamese agencies.
An applicant’s period of temporary residence in Vietnam will be counted from the day he/she is granted a permanent residence card.
3. The applicant’s ability to make a living in Vietnam must be proved by his/her assets and lawful income sources or guaranteed by an organization or individual in Vietnam.
Article 6. Cases eligible for exemption from some conditions on naturalization in Vietnam
Points b and c, Clause 2, Article 19 of the Law on Vietnamese Nationality are specified as follows:
1. Persons having made special meritorious contributions to Vietnam’s national construction and defense are those who have been awarded orders, medals or other honorable titles by the State of Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam or have their special meritorious contribution certified by competent Vietnamese agencies.
2. Persons whose naturalization in Vietnam is helpful to the State of the Socialist Republic of Vietnam must be those who have talents in scientific, technological, cultural, social, art and sport domains and are certified by their employing agencies or organizations and ministerial-level state management agencies or provincial-level People’s Committees that their naturalization in Vietnam will contribute to the development of these domains.
Article 7. Some papers in dossiers of application for naturalization in Vietnam
1. Papers defined at Points b. e. f and g. Clause 1, Article 20 of the Law on Vietnamese Nationality are specified as follows:
a/ Other papers which may substitute for the applicants’ birth certificates or passports are papers valid for evidencing their foreign nationality:
b/ Paper evidencing the applicants’ Vietnamese language skills is either of the following papers: copy of a Vietnamese postgraduate, university, college, professional secondary, upper secondary or lower secondary diplomas; copy of a diploma or certificate of Vietnamese language skills granted by a Vietnamese language training establishment.
In case the applicants declare that they know Vietnamese sufficiently to integrate into the Vietnamese community according to Clause 1, Article 5 of this Decree but have none of the above-said papers, provincial-level Justice Departments shall directly interview them to test their Vietnamese language skills under the guidance of the Ministry of Justice. Interview results must be recorded in writing. Interviewers shall base themselves on criteria specified in Clause 1. Article 5 of this Decree to make proposals and take responsibility for their proposals;
c/ Copies of birth certificates of minor children who are naturalized in Vietnam together with their parents or other papers proving their father/mother-child relations. If only one parent is naturalized in Vietnam and the minor child who is living with that parent is also naturalized in Vietnam, written consent of both parents on the naturalization in Vietnam of their child is also required;
d/ A copy of the permanent residence card;
e/ Paper proving the applicants’ ability to make a living in Vietnam is any of the following papers: paper evidencing property ownership rights; written certification of the wage or income level, issued by the employing agency or organization of the applicant; written certification of taxable incomes, issued by a tax office; paper evidencing the guarantee by an organization or individual in Vietnam; or written certification of the applicant’s ability to make his/her living in Vietnam, made by the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) where the applicant resides.
2. Persons exempted from some conditions on naturalization in Vietnam prescribed in Clause 2, Article 19 of the Law on Vietnamese Nationality shall submit papers proving their eligibility for exemption, specifically:
a/ Persons whose spouses are Vietnamese citizens shall submit copies of marriage certificates to evidence their marriage relations:
b/ Persons who are natural parents or natural offsprings of Vietnamese citizens shall submit copies of birth certificates or other valid papers to evidence their father/mother-child relations;
c/ Persons who have made special meritorious contributions to Vietnam’s national construction and defense shall submit copies of their orders, medals, certificates of other honorable titles or written certification issued by competent Vietnamese agencies or organizations:
d/ Persons whose naturalization in Vietnam is helpful to the State of the Socialist Republic of Vietnam shall submit written certifications made by their employing agencies or organizations and written certification of their contribution to the development of any of the domains mentioned in Clause 2, Article 6 of this Decree, made by a ministerial-level state management agency or a provincial-level People’s Committee.
3. A dossier of application for naturalization in Vietnam shall be made in three sets to be kept at the Office of the President, the Ministry of Justice and the dossier-receiving agency.
Article 8. Naturalization in Vietnam under Article 22 of the Law on Vietnamese Nationality
1. Stateless persons who do not have adequate personal identification papers but have been stably residing in the Vietnamese territory since July 1, 1989, or before (below referred to as stateless persons) and wish to be naturalized in Vietnam shall compile dossiers of application for naturalization in Vietnam. Such a dossier comprises an application for naturalization in Vietnam and a curriculum vitae made according to a form prescribed by the Ministry of Justice.
2. The order of and procedures for processing dossiers of application for naturalization in Vietnam of stateless persons specified in Clause 1 of this Article are as follows:
a/ The provincial-level People’s Committee shall direct the provincial-level Justice Department to coordinate with the provincial-level Police Department, the Foreign Affairs Department and People’s Committees of districts, towns or provincial-level cities (below referred to as district-level People’s Committees) in guiding commune-level People’s Committees in reviewing and making lists of applicants for naturalization in Vietnam, assisting them in compiling application dossiers and verifying their personal identity.
District-level People’s Committees shall examine the lists of applicants for naturalization in Vietnam and their application dossiers and propose the provincial-level Justice Service to settle matters of naturalization in Vietnam.
The provincial-level Justice Service shall coordinate with the provincial-level Police Department and Foreign Affairs Department in appraising and reporting cases of application to the provincial-level People’s Committee chairman.
b/ The provincial-level People’s Committee chairman shall consider and draw conclusions and make proposals on the naturalization in Vietnam of listed persons and send their proposals to the Ministry of Justice;
c/ Based on the list of accepted applicants and their dossiers sent by the provincial-level People Committee, the Minister of Justice shall, under the authorization of the Prime Minister, sign and submit a report, enclosed with the list of accepted applicants and their dossiers, to the President for consideration and decision. In case of necessity, the Ministry of Justice may consult the Ministry of Public Security and the Ministry of Foreign Affairs before submitting the cases to the President.
3. The deadline for submission of dossiers of application for naturalization in Vietnam under this Article is December 31, 2012. Past this deadline, if persons defined in Clause 1 of this Article who have not yet submitted dossiers wish to be naturalized in Vietnam, their cases shall be settled under Articles 19, 20 and 21 of the Law on Vietnamese Nationality.
4. The Ministry of Justice shall coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in guiding provincial-level People’s Committees in working out plans on reviewing and making lists of applicants for naturalization in Vietnam and supporting the processing of dossiers of application for naturalization in Vietnam for persons defined in Clause 1 of this Article.
Section 2. RESTORATION OF VIETNAMESE NATIONALITY
Article 9. Some conditions on restoration of Vietnamese nationality
The conditions prescribed at Points c, d and e. Clause 1, Article 23 of the Law on Vietnamese Nationality are specified as follows:
1. Persons who have made special meritorious contributions to Vietnam’s national construction and defense and persons whose restoration of Vietnamese nationality is helpful to the State of the Socialist Republic of Vietnam are as defined in Clauses 1 and 2, Article 6 of this Decree.
2. Persons who make investment in Vietnam must have investment projects with investment certificates granted by competent Vietnamese agencies.
Article 10. Some papers in dossiers of application for restoration of Vietnamese nationality
1. Papers specified at Points e and f. Clause 1, Article 24 of the Law on Vietnamese Nationality include:
a/ Paper evidencing that the applicant is a former Vietnamese national is either of the following papers: copy of the birth certificate: copy of the decision permitting renunciation of Vietnamese nationality or the certificate of loss of Vietnamese nationality; or another paper stating his/her previous Vietnamese nationality or valid for evidencing his/her previous Vietnamese nationality;
b/ Paper evidencing the eligibility for restoration of Vietnamese nationality is any of papers prescribed at Points a, b, c and d. Clause 2, Article 7 of this Decree or paper evidencing that the applicant is carrying out procedures for repatriation or a copy of the certificate of investment in Vietnam.
2. For minor children who restore their Vietnamese nationality together with their parents, copies of their birth certificates or other papers evidencing their father/mother-child relations are required. If only one parent restores Vietnamese nationality and the minor child who is living with that parent also restores Vietnamese nationality, written consent of both parents on their child’s restoration of Vietnamese nationality is required.
3. A dossier of application for restoration of Vietnamese nationality shall be made in three sets to be kept at the Office of the President, the Ministry of Justice and the dossier-receiving agency.
Article 11. Verification of dossiers of application for restoration of Vietnamese nationality
1. When it is necessary to further verify the personal identity of applicants for restoration of Vietnamese nationality as prescribed in Clause 3, Article 25 of the Law on Vietnamese Nationality, the Ministry of Justice shall send to the Ministry of Public .Security a written request clearly stating to-be-verified contents.
2. Within 30 days after the receipt of the written request from the Ministry of Justice, the Ministry of Public Security shall conduct verification and issue a written reply to the Ministry of Justice.
Section 3. RENUNCIATION OF VIETNAMESE NATIONALITY
Article 12. Cases not yet permitted for renunciation of Vietnamese nationality
For those who owe tax to the State or have a property obligation toward an agency, organization or individual in Vietnam as prescribed at Point a. Clause 2. Article 27 of the Law on Vietnamese Nationality, if the creditor makes a written request for suspension of the renunciation of Vietnamese nationality, the dossier-receiving agency shall not settle the renunciation of Vietnamese nationality.
Article 13. Some papers in dossiers of application for renunciation of Vietnamese nationality
Papers prescribed at Points e and g, Clause 1, Article 28 of the Law on Vietnamese Nationality are specified as follows:
1. Paper evidencing that the applicant is carrying out procedures for acquisition of foreign nationality is the paper granted by a competent foreign agency to certify or guarantee that this person is permitted for naturalization in a foreign country, unless the law of that country does not provide for the issuance of these papers. In case the applicant for renunciation of Vietnamese nationality has already acquired foreign nationality, he/she shall submit a copy of his/her passport or other personal identification papers granted by a competent foreign agency to evidence that he/she has foreign nationality.
2. The written certification prescribed at Point g, Clause 1, Article 28 of the Law on Vietnamese Nationality shall be made by the head of the agency, organization or unit which has issued the decision on the applicant’s retirement, dismissal, removal from office or relief from post or demobilization under regulations of the sector to certify that the applicant’s renunciation of Vietnamese nationality does not affect the protection of national secrets or is not contrary to these regulations.
3. A dossier of application for renunciation of Vietnamese nationality shall be made in three sets to be kept at the Office of the President, the Ministry of Justice and the dossier-receiving agency.
Article 14. Responsibilities of agencies, organizations and individuals for notification of cases not yet permitted or ineligible for renunciation of Vietnamese nationality
Within 60 days after the date the provincial-level Justice Department publishes information on applicants for renunciation of Vietnamese nationality under Clause 2. Article 29 of the Law on Vietnamese Nationality, if police offices, civil judgment enforcement agencies and other agencies, organizations or individuals detect that applicants for renunciation of Vietnamese nationality fall into cases not yet permitted or ineligible for renunciation of Vietnamese nationality prescribed in Clauses 2, 3 and 4. Article 27 of the Law on Vietnamese Nationality, they shall immediately notify such to the provincial-level Justice Department which has published information on these applicants.
Article 15. Verification of personal identity of applicants for renunciation of Vietnamese nationality
1. In case the applicants for renunciation of Vietnamese nationality are not eligible for exemption from verification of personal identity under Article 30 of the Law on Vietnamese Nationality, the Ministry of Justice shall make and send a written request to the Ministry of Public Security for personal identity verification.
2. Within 30 days after the receipt of the Justice Ministry’s request, the Ministry of Public Security shall conduct verification and issue a written reply to the Ministry of Justice.
Section 4. DEPRIVATION OF VIETNAMESE NATIONALITY, ANNULMENT OF DECISIONS ON THE GRANT OF VIETNAMESE NATIONALITY
Article 16. Dossiers of proposal for deprivation of Vietnamese nationality
1. In case a provincial-level People’s Committee or an overseas Vietnamese representative mission proposes the deprivation of Vietnamese nationality of persons who commit acts defined in Clause 1. Article 31 of the Law on Vietnamese Nationality, a dossier comprises:
a/ The written proposal for deprivation of Vietnamese nationality, made by the provincial-level People’s Committee or overseas Vietnamese representative mission;
b/ Verification documents and conclusions of competent agencies about the act committed by the person proposed for deprivation of Vietnamese nationality;
c/ Written denunciation against the person proposed for deprivation of Vietnamese nationality (if any).
2. In case courts which have adjudicated persons for acts defined in Clause 1. Article 31 of the Law on Vietnamese Nationality propose the deprivation of Vietnamese nationality of these persons, a dossier comprises:
a/ The court’s written proposal for deprivation of Vietnamese nationality;
b/ The legally effective judgment and relevant documents.
Article 17. Dossiers of proposal for annulment of decisions on the grant of Vietnamese nationality
1. In case a provincial-level People’s Committee proposes the annulment of a decision of the grant of Vietnamese nationality to persons who commits acts defined in Clause 1, Article 33 of the Law on Vietnamese Nationality, a dossier comprises:
a/ The written proposal for annulment of the decision on the grant of Vietnamese nationality, made by the provincial-level People’s Committee;
b/ Verification documents and conclusion of competent agencies about the act committed by the person proposed for annulment of the decision on the grant of Vietnamese nationality:
c/ Written denunciation against the person proposed for annulment for the decision on the grant of Vietnamese nationality (if any).
2. In case courts which have adjudicated accused persons for acts defined in Clause 1. Article 33 of the Law on Vietnamese Nationality propose the annulment of the decision on the grant of Vietnamese nationality, a dossier comprises:
a/ The written proposal of the court for the deprivation of Vietnamese nationality;
b/ The legally effective judgment and relevant documents.
Section 5. REGISTRATION FOR RETENTION OF VIETNAMESE NATIONALITY, NOTIFICATION OF HOLDING OF FOREIGN NATIONALITY
Article 18. Retention of Vietnamese nationality
1. If overseas Vietnamese who have not yet lost Vietnamese nationality under Vietnam’s law prior to July 1, 2009, but do not have valid Vietnamese passports wish to retain Vietnamese nationality, they shall register for retention of Vietnamese nationality.
2. The registration for retention of Vietnamese nationality may be carried out through July 1, 2014. Past this deadline, if persons defined in Clause 1 of this Article still fail to register for retention of Vietnamese nationality, they shall lose Vietnamese nationality; if they wish to acquire Vietnamese nationality, they shall carry out procedures for restoration of Vietnamese nationality according to law.
Article 19. Agencies carrying out the registration for retention of Vietnamese nationality
1. Overseas Vietnamese representative missions competent to carry out the registration for retention of Vietnamese nationality are those based in or in charge of the countries of which the registrants for retention of Vietnamese nationality are citizens or where the registrants for retention for Vietnamese nationality reside.
2. In case Vietnam has not yet established diplomatic relations with, opened representative missions in or assigned representative missions to take charge of countries where the registrants for retention of Vietnamese nationality reside, the registration for retention of nationality shall be carried out at the overseas Vietnamese representative mission in a third country under the authorization of the Ministry of Foreign Affairs.
Article 20. Order of and procedures for registration for retention of Vietnamese nationality
1. The registrant for retention of Vietnamese nationality shall submit a declaration, made according to a set form, and a copy of the paper evidencing his/her Vietnamese nationality to an agency competent to carry out registration for retention for Vietnamese nationality specified in Article 19 of this Decree (below referred to as the registering agency).
2. When receiving the declaration of registration for retention of Vietnamese nationality, the registering agency shall record the registration in the Vietnamese nationality retention register and grant a certificate of registration for retention of Vietnamese nationality to the applicant.
3. In case the registrant for retention of Vietnamese nationality possesses papers to evidence that he/she has Vietnamese nationality, the registering agency shall write in the nationality retention register that the applicant holds Vietnamese nationality.
In case the registrant for retention of Vietnamese nationality does not possess adequate papers to prove his/her Vietnamese nationality or possesses unclear papers, the registering agency shall coordinate with concerned agencies and organizations in conducting verification under the guidance of the Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security to determine whether the applicant holds Vietnamese nationality. Verification results must also be recorded in the nationality retention register.
Article 21. Notification of acquisition of foreign nationality.
1. From July 1, 2009, Vietnamese citizens who, for any reasons, acquire foreign nationality but do not lose Vietnamese nationality will still have Vietnamese nationality.
2. Within 2 years after the date of acquiring foreign nationality, persons defined in Clause 1 of this Article or their parents or guardians shall send a written notification of their acquisition of foreign nationality, enclosed with copies of papers evidencing foreign nationality to competent overseas Vietnamese representative missions defined in Article 19 of this Decree, if they reside abroad, or to provincial-level Justice Departments of localities where they reside.
3. Upon receiving written notifications of acquisition of foreign nationality from Vietnamese citizens, overseas Vietnamese representative missions and provincial-level Justice Departments shall record them in the nationality register.
Chapter III

RECORDING OF NATIONALITY-RELATED MATTERS IN CIVIL STATUS REGISTERS

Article 22. Recording of Vietnamese nationality of children whose parents are stateless persons
The recording of Vietnamese nationality of children upon their birth under Article 17 of the Law on Vietnamese Nationality will be carried out through birth registration. When making birth registration, civil status-registering agencies shall write Vietnam nationality of these children in birth registers and birth certificates.
Article 23. Recording of nationality-related matters of persons permitted for naturalization in Vietnam or restoration of Vietnamese nationality in civil status registers
If persons permitted for naturalization in Vietnam or restoration of Vietnamese nationality who return to live in the country have civil status papers issued by competent foreign agencies, they shall carry out procedures for recording in civil status registers at provincial-level Justice Departments of localities where they reside according to the civil status law. If they apply for the issuance of relevant civil status papers, provincial-level Justice Department shall write their Vietnamese nationality in to-be issued papers.
Article 24. Recording of nationality in civil status papers for Vietnamese citizens who concurrently hold foreign nationality
When Vietnamese citizens who concurrently hold foreign nationality make civil status registration with competent Vietnamese agencies, their Vietnamese and foreign nationalities will be written in civil status papers.
Article 25. Taking notes of the renunciation of Vietnamese nationality in civil status registers
1. Provincial-level Justice Departments shall notify civil status management agencies which archive birth registers containing the names of persons who have renounced their Vietnamese nationality for taking notes of the change of their nationality in the birth registers.
2. In case persons who are permitted for renunciation of Vietnamese nationality have made birth registration at overseas Vietnamese representative missions, these missions shall take notes of the change of their nationality in the birth registers.
Chapter IV

RESPONSIBILITIES OF AGENCIES FOR STATE MANAGEMENT OF NATIONALITY

Article 26. Responsibilities of the Ministry of Justice
The Ministry of Justice shall assist the Government in performing the uniform state management of nationality nationwide and have the following responsibilities:
1. To elaborate and submit to competent state agencies for promulgation or promulgate according to its competence legal documents on nationality:
2. To guide and direct provincial-level People’s Committees in organizing the implementation of legal documents on nationality;
3. To coordinate with the Ministry of Foreign Affairs in guiding and directing overseas Vietnamese representative missions to implement legal documents on nationality:
4. To review the situation and make statistics of nationality-related matters already settled for annual reporting to the Prime Minister:
5. To propagate and disseminate the nationality law:
6. To promulgate and manage forms of papers and books on Vietnamese nationality;
7. To inspect, examine and settle according to its competence complaints and denunciations about the settlement of matters related to Vietnamese nationality;
8. To examine dossiers and coordinate with the Ministry of Public Security in verifying dossiers of nationality-related matters according to law;
9. The Minister of Justice shall, under the authorization of the Prime Minister, sign and submit reports on the grant, restoration or renunciation of Vietnamese nationality to the President;
10. To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security in. negotiating and concluding treaties on nationality.
11. To build and direct the building of a national Vietnamese nationality database;
12. Upon the expiration of the time limits prescribed in Articles 8 and 18 of this Decree, to direct provincial-level People’s Committees reviewing the naturalization in Vietnam by stateless persons: and coordinate with Ministry of Foreign Affairs to direct overseas Vietnamese representative missions in reviewing the registration of retention of Vietnamese nationality for reporting to the Government.
Article 27. Responsibilities of the Ministry of Foreign Affairs
The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in performing the state management of nationality matters for Vietnamese citizens in foreign countries and have the following responsibilities:
1. To assume the prime responsibility for, and coordinate with the Ministry of Justice in, guiding and directing overseas Vietnamese representative missions to implement legal documents on nationality.
2. To coordinate with the Ministry of Justice in examining and inspecting nationality-related matters handled by overseas Vietnamese representative missions.
3. To propagate and disseminate the nationality law among Vietnamese citizens abroad.
4. To review the situation and make statistics of nationality-related matters already annually settled by overseas Vietnamese representative missions for reporting to the Ministry of Justice.
5. To coordinate with the Ministry of Justice in negotiating and concluding treaties on nationality.
6. To publish on its website information on entities subject to. the time limit, competent agencies and order and procedures for settlement of registration for retention of Vietnamese nationality by the end of July 1. 2014; to assume the prime responsibility for, and coordinate with the Ministry of Justice and the Ministry of Public Security in. providing specific guidance on settling problems arising in the registration for retention of Vietnamese nationality.
7. Upon the expiration of the time limit prescribed in Article 18 of Decree, to direct overseas Vietnamese representative missions to make final review of the registration for retention of Vietnamese nationality for notification to the Ministry of Justice.
Article 28. Responsibilities of the Ministry of Public Security
1. The Ministry of Public Security shall coordinate with the Ministry of Justice in the process of settling nationality-related matters, examine, verify or guide and direct local police offices in verifying the personal identity of applicants for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality or persons proposed for deprivation of Vietnamese nationality or annulment of decisions on the grant of Vietnamese nationality.
2. To coordinate with the Ministry of Justice in negotiating and concluding treaties on nationality.
Article 29. Responsibilities of provincial-level People’s Committees
Provincial-level People’s Committees shall perform the state management of nationality in their localities and have the following responsibilities:
1. To consider and give their opinions on cases of application for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality, deprivation of Vietnamese nationality or annulment of decisions on the grant of Vietnamese nationality.
2. To propagate and disseminate the law on nationality.
3. To assess the situation and make statistics of nationality-related matters already settled for annual reporting to the Ministry of Justice.
4. To settle complaints and denunciations according to their competence.
5. Upon the expiration of the time limit prescribed in Article 8 of this Decree, to review the settlement of the naturalization in Vietnam for stateless persons for reporting to the Ministry of Justice.
Article 30. Responsibilities of overseas Vietnamese representative missions
Overseas Vietnamese representative missions shall perform the state management of Vietnamese nationality in areas under their management and have the following responsibilities:
1. To consider and give their opinions on cases of application for renunciation or restoration of Vietnamese nationality or deprivation of Vietnamese nationality.
2. To make registration for retention of Vietnamese nationality for overseas Vietnamese and notify the results to the registrants.
3. To propagate and disseminate the law on nationality among overseas Vietnamese citizens.
4. To assess the situation and make statistics of nationality-related matters already settled by overseas Vietnamese representative missions for annual reporting to the Ministry of Foreign Affairs.
5. To settle complaints and denunciations about nationality-related matters according to their competence.
6. To publish on their websites information on the order, procedures and time limit for registration of retention of Vietnamese nationality up to July 1, 2014.
7. Upon the expiration of the time limit prescribed in Article 18 of this Decree, to review the registration for retention of Vietnamese nationality for reporting to the Ministry of Foreign Affairs and the Ministry of Justice.
Chapter V

IMPLEMENTATION PROVISIONS

Article 31. Effect
This Decree takes effect on November 10, 2009, and replaces the Government’s Decree No.104/1998/ND-CP of December 31, 1998, detailing and guiding the Law on Vietnamese Nationality, and Decree No. 55/2000/ND-CP of October 11, 2000, amending a number of articles of Decree No. 104/1998/ND-CP of December 31, 1998, detailing and guiding the Law on Vietnamese Nationality.
Article 32. Implementation responsibilities
The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security shall, within the ambit of their functions and tasks, detail a number of articles of this Decree and guide some others so as to meet the requirements of state management of nationality-related matters.
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-
 

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