Quyết định 41/2005/QĐ-BGTVT của Bộ Giao thông vận tải về trình tự, thủ tục xác nhận việc trình kháng nghị hàng hải tại Việt Nam

DECISION

PROVIDING FOR ORDER AND PROCEDURES FOR CERTIFYING THE SUBMISSION OF SEA PROTESTS IN VIETNAM

THE MINISTRY OF TRANSPORT

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

Pursuant to the Governments Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Transport Ministry;

At the proposals of the director of the Legal Department and the director of the Vietnam Maritime Administration,

DECIDES:

Article 1. Governing scope

This Decision provides for the order and procedures for certifying the submission of sea protests by masters of Vietnamese seagoing ships and masters of foreign seagoing ships in Vietnam.

Article 2. Subjects of application

This Decision applies to masters of Vietnamese seagoing ships, masters of foreign seagoing ships, authorities competent to certify the submission of sea protests and other relevant agencies, organizations and individuals.

Article 3. Legal validity of sea protests

Sea protests which are certified in strict compliance with the order and procedures provided for in this Decision shall be valid as legal proofs in the settlement of relevant disputes.

Sea protests already certified in strict compliance with the order and procedures provided for in this Decision shall no exonerate the masters from legal liability to relevant events.

Article 4. Language used in compilation and certification of submission of sea protests

Sea protests shall be compiled and certified in Vietnamese or English. For a sea protest in English, the master shall, at the request of the authority competent to certify the submission thereof, submit it together with the Vietnamese translation.

Article 5. Authorities certifying the submission of sea protests in Vietnam

Port authorities shall certify the submission of sea protests by masters of Vietnamese sea going ships and masters of foreign seagoing ships operating in seaports and zones managed by such port authorities.

Where seagoing ships operate in other waters of Vietnam, their masters may submit sea protests at the nearest port authority, state notary public or commune- or district-level Peoples Committee.

Article 6. Time limit for submission of sea protests

1. Upon the occurrence of an accident or unexpected event during a seagoing ships voyage a sea protest must be submitted to the authority competent to certify it defined in Article 5 of this Decision within 24 hours after the ship calls at the first seaport.

2. When an accident or unexpected event occurs in a Vietnamese seaport, a sea protest must be submitted to the authority competent to certify it defined in Article 5 of this Decision within 24 hours after the occurrence of such accident or unexpected event.

3. When an occurred accident or unexpected event is related to cargoes in the cargo hold, a sea protest must be submitted to the authority competent to certify it as defined in Article 5 of this Decision before the cargo hold cover is removed.

4. If a sea protest cannot be submitted within the time limit specified in Clauses 1, 2 and 3 of this Article, the reason(s) for the late submission must clearly stated in such sea protest.

Article 7. Procedures for submitting sea protests

In force majeure circumstances, when submitting sea protests to competent authorities defined in Article 5 of this Decision for certification, masters shall have to submit and produce the following documents:

1. Documents which must be submitted:

a. Sea protest (two copies);

b. Extracts of the shipping logbook which are related to the case (two copies);

c. Extracts of the sea charts which are related to the case (two copies).

2. Documents which must be produced:

a. The shipping logbook (the original);

b. The sea charts related to the case (the originals).

3. The documents specified in Clause 1 of this Article must be signed by the master and affixed with the seal of the ship. A sea protest must, in addition to the masters signature and the ships seal, also contain the signatures of the chief engineer and an officer or a crew member as a witness.

4. In addition to the number of sea protest copies specified at Point a, Clause 1 of this Article, the master may request certification of other copies having the same content, if deeming it necessary.

Article 8. Certification of submission of sea protests

1. When masters or persons authorized by masters produce and submit all the documents specified in Article 7 of this Decision, competent authorities shall proceed with the certification of sea protest submission in sea protests.

2. Certification of submission of a sea protest covers the following contents:

a. Date and time of receipt of the sea protest;

b. Certification of receipt of the submitted sea protest;

c. Full name, position and signature of the person certifying the sea protest submission;

d. Seal of the authority certifying the sea protest submission.

3. The time limit for certifying the submission of a sea protest shall not exceed one working hour for a port authority, or three working hours for other competent authorities, after receiving complete and valid documents specified in Clauses 1 and 2, Article 7 of this Decision.

4. The authority certifying the submission of a sea protest shall keep one set of documents specified in Clause 1, Article 7 of this Decision and return the other set to the master.

Article 9. Submission of additional sea protests

1. Master may compile additional sea protests if deeming it necessary.

2. Additional sea protests must also be submitted to competent authorities for certification. The order and procedures for certifying the submission of additional sea protests shall be the same as those for certifying the submission of sea protests.

Article 10. The fee for certification of submission of sea protests

Authorities competent to certify the submission of sea protests may collect a fee for certification according to the Finance Ministrys regulations.

Article 11. Implementation effect

This Decision takes effect as from January 1, 2006, and replaces the Transport Ministers Decision No. 1438/QD-PC of September 8, 1994, on authorities, order and procedures for certifying the submission of sea protests in Vietnam.

Article 12. Organization of implementation

The director of the Office, the directors of the Departments, the director of the Vietnam Maritime Bureau and concerned agencies, organizations and individuals shall have to implement this Decision.