Ship registration is an important legal process aimed at ensuring ships operate legally and comply with legal regulations. According to the Maritime Law of Vietnam 2015, ship registration in Vietnam not only helps establish ownership and usage rights of the ship but also ensures that the ship is controlled and managed according to legal provisions.

I. Legal Basis

The Maritime Law of Vietnam 2015 is a crucial legal document governing maritime activities in Vietnam. It includes regulations on the rights and obligations of shipowners, ship registration, contracts for cargo and passenger transport, as well as issues related to maritime safety and rescue. This law outlines detailed legal procedures for ship registration, ownership rights, financial obligations, and operational regulations to ensure that maritime activities are conducted legally and safely. Additionally, the law defines the rights and responsibilities of parties involved in maritime contracts, contributing to a transparent and effective maritime business environment.

II. Ship Registration Procedure

The ship registration procedure in Vietnam involves several important steps. First, the shipowner must prepare all required documents as stipulated by law, including proof of ship ownership, construction or purchase permits, and documents verifying the legal origin of the ship.

After preparing the necessary documents, the shipowner submits the registration application to the maritime registration authority. The registration dossier includes proof of ownership, certificates of technical and safety compliance, and other relevant documents.

Upon receiving the application, the maritime registration authority will review and verify the information. If the application is complete and valid, the authority will issue a Ship Registration Certificate. This certificate serves as legal proof that the ship has been registered and is authorized to operate within Vietnamese territory.

III. Rights and Obligations of Shipowners

Shipowners have the right to use their ships for the registered purposes and must ensure the ship operates in accordance with legal regulations. Shipowners also have the right to transfer ownership of the ship to other individuals or entities, but must follow the necessary procedures to update the information in the Ship Registration Certificate.

In addition to rights, shipowners have the obligation to ensure the ship always meets technical and safety standards as required by law. They must also fulfill financial obligations, including paying registration fees and other prescribed charges.

IV. Updating Registration Information

Updating ship registration information is a crucial part of ship management. If there are changes in ownership, ship information, or other related factors, the shipowner must promptly notify the registration authority to update the information. This process ensures that the ship’s information remains accurate and current.

V. Types of Ships That Must Be Registered

The following types of ships must be registered in the National Ship Register of Vietnam:

• Motor ships with a main engine power of 75 KW or more;
• Non-motor ships with a gross tonnage of 50 GT or more, or a cargo capacity of 100 tons or more, or a design waterline length of 20 meters or more;
• Smaller ships that operate on international routes.

VI. Conditions for Ship Registration in Vietnam

To register a ship, the following conditions must be met:

• Legal documents proving ship ownership;
• Certificates of capacity, ship classification certificates;
• The ship’s official name;
• Certificates of temporary suspension or cancellation of registration if the ship was previously registered abroad, except for temporary registrations;
• The shipowner must have a headquarters, branch, or representative office in Vietnam;
• Used foreign ships registering for the first time or re-registering in Vietnam must meet age requirements for each type of ship;
• Payment of prescribed fees and charges.

Foreign ships rented by Vietnamese organizations or individuals, under bareboat charter or purchase agreements, must also meet additional conditions, including having a charter or purchase agreement when registering under the Vietnamese flag.

VII. Principles of Ship Registration

Ships owned by Vietnamese organizations or individuals are registered in the National Ship Register of Vietnam, including registration under the Vietnamese flag and ownership rights. If the ship is owned by two or more organizations or individuals, the registration must clearly state the owners and their respective shares.

Foreign-owned ships that meet the conditions will also be registered in the National Ship Register of Vietnam. Registration of Vietnamese ships owned by foreign entities includes registration under the Vietnamese flag and ownership rights or only registration under the Vietnamese flag. Foreign ships chartered or purchased by Vietnamese entities may be registered under the Vietnamese flag.

Ships already registered abroad cannot be registered under the Vietnamese flag, except in cases where the previous registration has been suspended or canceled. Ships owned by Vietnamese entities can be registered under a foreign flag.

VIII. Registration Regulations for Foreign Ships

According to the Maritime Law of Vietnam 2015, foreign ships operating in Vietnam must also be registered and comply with maritime safety regulations. Foreign ships need temporary registration if operating for a short period or official registration if planning long-term operations in Vietnam.

The registration process for foreign ships may require additional documents proving origin, ownership, and other related documents as per the regulations of the home country. Foreign ships must also fulfill financial obligations and ensure safety while operating in Vietnamese territory.

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