VIETNAM MARITIME CODE

            Article 48  

1.         The master is bound to search and rescue persons in the distress if the carrying out of this obligation does not create any serious danger to his vessel and persons on board. The owner of the vessel is exempted from liability in case the master fails to do such obligation.

2.         The master of a vessel being in sea distress has the right to demand his vessel be saved, and after consultation with vessels which answered his call for assistance, to indicate which vessel is to render his salvage.

            Article 49

  1.         When handling ordinary matters incident to the performance of navigation and of the ordinary management of the vessel and cargo, the master is the representative of the shipowner and of the parties having interests in the cargo.

2.         Within the limits laid down in item 1 of this Article, the master may, in the name of the shipowner and the parties having interests in the cargo, while away from the home port, perform legal acts, and he may sue and take part in legal proceedings before courts, unless the shipowner and the parties having interests in the cargo declare limitation of the whole of part of the authority. As regards third parties, this limitation of the masters statutory authority has legal effect only in so far as they have been aware of it.

            Article 50

  1.         If necessary, the master of a vessel, while away from the home port, is empowered to loan in credit terms, or in the name of the shipowner to borrow cash but only within the limits of sufficiency to reapair the vessel, to complement crew, to supply the vessel or to satisfy other requirements so that the voyage can be continued.

2.         Within the limits laid down in item 1 of this Article the master is also even entitled to sell superfluous appurtenances of the vessel or surplus reserves where it is inexpedient or impossible to wait for instructions or funds from the shipowner.

3.         During a voyage, if means necessary for its completion cannot be obtained in any other way, the master-after having, by all means, sought instructions from the charterers and the shipowner but failed-is entitled to pledge or even sell a part of the cargo.

4.         When deciding on means for raising funds necessary for the completion of a voyage, the master is bound to narrow, at the lowest level, the prejudice to the shipowner and the parties having interests in the cargo.

            Article 51

  1.         Where on a vessel ,while on voyage, the reserved provisions and foods have run out, the master has the right to requisite a part of cargo being provisions and foods carried on board, and in the case of utmost necessity, to requisite provisions and food from persons on board. This requisition should be inserted in a writing protocol.

2.         The shipowner is bound to compensate for the food and provisions requisitioned.

            Article 52

  1.         In respect of each case of birth or death or other occurrences on board during the voyage, the master is bound to make an entry in the ships log-book and drew up a protocol in presence of ships medical person and two witnesses. The master is bound to make an inventory list of property left by the person died on board and put his property under his custody.

2.         The master is bound to report births or deaths occurring on board and deliver testaments, inventory list of property of the deceased to the Competent Registrar Office in the first Vietnamese port at which the vessel called, or the authorized diplomatic representative or consulate of Vietnam abroad if this port is a foreign port.

3.         After having tried to seek all means possible to ask for instructions from the shipowner and for opinion of the relatives of the deceased the master, in the name of the shipowner, pursue funeral procedures and bury the dead.

          All the relevant fees are paid in conformity with the provisions of regulations and law.

            Article 53

  1.         In the event of offence committed on board, the master is bound to:

a)           Take all the necessary means for preventing, draw up files as provided for by virtue of status;

b)          Secure evidence and, according to the specific circumstance, to hand over the offender together with the relevant documents to the competent authority of Vietnam at the first Vietnamese port the ship has called at, or while on a voyage, to a warship of the Vietnamese Armed forces encountered on sea, or to inform the authorized diplomatic representative or consulate of Vietnam abroad and to act according to the instruction given by them.

2.         If necessary, the master is empowered to confine to a separate compartment any person whose conduct on board endangers the safety and public order of the vessel and persons on board and cargo carried on board.

            Article 54

  1.         On arriving of the vessel at a foreign port the master is bound to advise the authorized diplomatic representative or consular mission of Vietnam of the vessels arrival unless it is impossible to render such advice.

2.         The master is bound to produce, on demand by the authorized diplomatic representative or consulate of Vietnam the vessels documents.

              Article 55

  1.         Immediately after occurring or detection of marine accidents or special occurrences relating to marine navigation safety in the sea where the ship is operating, the master is bound to report same to the competent authorities of the nearest place.

2.         When on a voyage the marine accident or total loss occurred after calling at the Vietnamese first port, the master is bound to fully report to the Vietnamese competent authorities in charge of management of marine navigation safety of such events. The master and he persons involved may be interviewed by such authorities if necessary.

3.         Marine accidents as referred to in the present Code are accidents caused by collisions and by other troubles relating to the vessel given rise to death or body injury, to damage to the vessel, to sinking, destruction, getting fire, running aground or environmental pollution.

            Article 56

  1.         When the vessel, persons or cargo carried on board are damaged or lost on account of accident or when having grounds for suspecting the occurrence of such damage or loss, the master is bound to file a sea protest, and latest within twenty four hours of an accident which has occurred in port, or within twenty four hours of the vessels arrival at the first port the master is bound to submit the sea-protest to the competent authority for certifying this submission.

2.         The Minister of Transport and Communications shall determine the competent authority having the power to certify the submission of the sea-protest in Vietnam, the order and procedures for certifying in the sea-protest.

3.         When a vessel is operating abroad the master submits the sea protest to the authorized diplomatic representative or consulate of Vietnam abroad or the local competent authority for certifying this submission.

CHAPTER IV

SEA-PORT AND PORT AUTHORITY

              Article 57

  1.         The sea-port as referred to in the present Code are ports opened for sea-going vessels navigation and operation. A sea-port shall consist of the following areas:

a)           Warehouses, yards, berths, wharves and docks, depots and workshops, administrative and maritime  services zones, hereinafter referred to as the port premises.

b)          Waters in front of berths, wharves and docks, areas for anchorage and lighterage, entrances and exists fairways to and out of port, storm shelter areas, hereinafter referred to as the port waters.

2.         The navigable zones as referred to in the present Code consist of waters of a number of ports situated near to each other and near to transit lanes.

3.         The Council of Ministers shall determine the opening of sea-ports. The Minister of Transport and Communications shall declare the opening, the interim closing of sea-ports and issue regulations on maritime shipping activities in each of sea-port waters or in marine navigable zones.

            Article 58

  1.         The special body having the state management on maritime shipping in the marine navigable zones and waters of sea-ports is referred to as Port Authority.

2.         The Minister of Transport and Communications, after having consultations with the Peoples Committees of provinces and municipal-level cities of the central authority or similar administrative units, shall declare the areas under the control of the Port Authority and decide the organization and instruct leading guides on the activities of the Port Authority.

            Article 59

            The person exercising the highest command of the Port Authority is the Director. The Director of Port Authority has the following power and duties:

1.         To organize the implementation of regulations on the activities of the port authority, supervise the fulfillment of rules and regulations on marine navigation safety, environmental pollution prevention, marine sanitation and order.

2.         Not to permit vessels to enter or to leave the port if they are unseaworthy or fail to clear outstanding debts, fines for violation of rules and regulations of the port.

3.         To exercise temporary detention, maritime lien on sea-going vessels or to carry out the warrant of arrest of sea-going vessels issued by the statutory state competent authorities.

4.         To grant permits for vessels, boats operating or persons working within the areas under the control of the Port Authority; to revoke such permits if having grounds to realize such vessels, boats or persons having insufficient condition for marine navigation safety.

5.         To organize search and rescue of vessels or people in distress in the areas under the control of the Port Authority.

6.         To impose administrative fines for acts violating rules and regulations on marine navigation safety, environmental pollution prevention, maritime sanitation and order.

            Article 60

  1.         Within their power and responsibilities, the State Management Authorities on maritime shipping, immigration, quarantine, customs, duties, culture, fire-extinguishment, explosion prevention, environmental protection, and the other state management bodies stationed in the sea port areas shall operate in conformity with provisions of laws.

2.         The State Management Authorities which permanently function in the port areas are entitled to established their working offices there. The Director of Port Enterprise is obliged to facilitate the functions of these Authorities.

3.         The Council of Ministers shall promulgate the rules and regulations on work coordination between the State Management Authorities operating in the ports areas.