VIETNAM MARITIME CODE

CHAPTER IX

PILOTAGE

              Article 153

 1.         Pilot is a adviser who renders to the master assistance and advice in navigating the vessel in respect of navigational conditions on waters on which the pilot performs his service. The employment of pilots does not relieve the master of responsibility for the navigation of the vessel, even when pilotage is compulsory according to existing regulations.
2.         The shipmaster has the right to choose a pilot or to refuse the pilots services and request his substitute.

           Article 154

 1.         The pilot, while piloting the vessel, remains under the command of the master of the piloted vessel.
2.         The pilot is bound to furnish the master with all information concerning the navigational conditions in the area of piloting and to recommend him on activities not in conformity with regulations on marine navigation safety and other relevant regulations.
3.         When a master does not follow his instructions or reasonable recommendation intentionally, the pilot has the right to declare in the presence of a third party that he ceases to bear responsibility for the further steering of the vessel.
4.         The pilot must notify the Director of port authority of the steering of the vessel and dangerous navigational changes which he has seen while piloting the vessel.
5.         The pilot must exercise diligently his obligations.

           Article 155

          The shipmaster is obliged to furnish the pilot with all information relevant to the navigational characteristics and specificities of the piloted vessel; to ensure the pilots safety when boarding and leaving the vessel; to provide the pilot with working facilities, accommodation and maintenance, if required, during his stay on board the vessel.

           Article 156

          The pilots duties are deemed to be fulfilled when securing the vessel at anchor, mooring it or safely taking it to the agreed place, and or being relieved by another pilot. The pilot has not right to leave the vessel without the consent of the master.
        For the safety reason, the pilot cannot depart from the vessel after he has fulfilled his duties, then the master must arrange the vessel to call at the nearest port for the pilots departure. The shipowner is bound to arrange for the pilots return to his place and bear all the expenses incurred.

           Article 157

 1.         The shipowner is liable for damages done by the pilot while carrying out his services as for those done by a member of the vessels crew.
2.         The pilot only bears an administrative or criminal responsibility where they have occurred as set out in item 1 of this Article.

           Article 158

 1.         The Council of Ministers shall determine the Pilotage Tariff in Vietnam.
2.         The Minister of Transport and Communications shall determine in detail the organization of pilotage, professional qualifications of pilots as well as the navigable areas of compulsory and non-compulsory pilotage in Vietnam.

CHAPTER X

TOWAGE SERVICES ON SEA

           Article 159

 1.         By towage services are meant in particular: towing, pulling away, pushing or assisting vessels and other floating objects on the sea and in the navigable waters connected therewith where vessels are allowed to trade, as well as the standing-by of a tug in the vicinity of a vessel for the purpose of assisting her by towing when needed.
2.         The amount of remuneration due for towage services is determined by agreement between the ships operator and the hirer, and in the absence thereof the amount of remuneration is determined by custom.
3.         The towage contract must be done in writing, unless the towage service is done as the manoeuvres in the habours.

          Article 160

 1.         A towage team is set up as soon as vessels forming it have been got ready to carry out, on the order of the commander of the towage team, the manoeuvres, and it breaks up as soon as the last manoeuvre has been completed and vessels have sailed away one from another to a safe distance.
2.         The commander of the towage team is determined by agreement between the parties to the towage contract, in the absence thereof he is determined by custom.

           Article 161

          The ships operator who has undertaken to perform the towage service is bound to provide, at the agreed time and place, a towing vessel fit to perform the contracted services.

            Article 162

 1.         The ships operator of a vessel whose master is in navigational command of the towage team is liable for damages done to another vessel in the team as well as to persons and properties on board the latter, unless he proves damages have occurred beyond the scope of his responsibility.
2.         A vessel which is under the navigational command of the master of another vessel is not relieved of the obligation to exercise care for the safety of the towage team and marine navigation; the ships operator is liable for damages done by his vessels fault to the other vessel in the team as well as to persons and properties on board that vessel.

           Article 163

          Any claim arising from a contract of towage is barred at the expiration of two years from the date of termination of the contract of towage.

CHAPTER XI

MARITIME SALVAGE

           Article 164

 1.         A maritime salvage is an action for saving a vessel or properties on board thereof from danger as well as for rendering assistance to a vessel in peril, which is undertaken in accordance with a salvage agreement.
2.         The salvage agreement is signed in the form as mutually agreed and between the contracting parties.

           Article 165

1.         Any maritime salvage action which have brought about useful result is entitled to the reasonable remuneration.
2.         A remuneration is also due for the following services: a salvor who has taken direct or indirect salvage operations to assist the owner of the salvaged property in saving freight and money due for the carriage of passengers; the salvage has taken place as between vessels belonging to the same shipowner; salvage rendered on the sea or in inland waters to a vessel of inland navigation or to a seaplane.
3.         No right to any remuneration falls to a salvor who has undertaken salvage operations contrary to an express and reasonable decision of the master of the salved vessel.

           Article 166

 1.         Persons whose lives have been saved are not bound to pay any money for their rescue.
2.         A salvor of human life is entitled to a fair share in the remuneration due for the salvage of property, is his salvage operations have been connected with the accident giving rise to the salvage of such property.

           Article 167

          Whoever has by a contract undertaken to render pilot or towage services on the sea is entitled to a remuneration for salvage, provided that he has rendered to her exceptional services beyond the scope of the contract for salvage of this very vessel.

           Article 168

          The parties to a salvage agreement have the right to demand the setting aside or modification of the inequitable conditions in the agreement if they were agreed upon under the influence of danger or where the consent of the parties has been vitiated by fraud or concealment and where the remuneration agreed upon is disproportionately small or large.

            Article 169

 1.         The salvage remuneration comprises the remuneration, salvage expenses and expenses incurred in respect of transportation and care for the vessel or the property salved.
2.         The amount of remuneration is agreed upon in the salvage agreement but it must be equitable and may not exceed the value of the vessel or the property salved.
3.         In the absence of an agreement or being not equitable, and when there are many salvors, the amount of remuneration is determined according to the circumstances, having, in particular, regard to:

a)           The result of the salvage obtained;
b)          The efforts and merits of salvors;
c)           The degree of danger to which the salved property, the salved vessel or the persons on board thereof have been exposed;
d)          The degree of danger to which the salvors as also the vessel and equipment employed by them have been exposed;
e)           The time used by the salvors, expenses incurred and the loss suffered by them;
f)            The risk of liability and other risks as run by the salvors;
g)          The value of equipment employed for the salvage operation;
h)          The special appropriation of the salving vessel for salvage operations;
i)            The value of the property salved.

4.         The amount of the remuneration may be reduced or disallowed where the salvor has by his fault caused the necessity of salvage or where he has committed theft, cheating or fraudulent act when performing the salvage agreement.

            Article 170

           The value of the vessel or the property salved is the actual value at the place in which they were after the salvage is conclusive or the proceeds obtained from the sale, the assessment of the property in either case after deduction of public charges, costs of preservation and public auction, and other similar expenses.

            Article 171

           There may be a maritime lien on or retention of the vessel or the property salved for recovery of the salvage remuneration and other costs incurred for the valuation and public auction.

            Article 172

 1.         The salvage remuneration are divided equally between the shipowner and the crew of the salving vessel after deduction of expenses incurred and damages suffered by the vessel as well as expenses and losses of the shipowner or of the crew as caused by the salvage.
          The provision of this item is not applicable to a remuneration due to a vessel exclusively employed for professional salvage.

2.         The Minister of Transport and Communications shall determine in detail the principles of division of the salvage remuneration among the crew.

            Article 173

 1.         The provisions of this chapter are also applicable to various types of ships belonging to the Vietnam Armed Forces.

2.         The Minister of Defense and the Minister of Interior shall determine the principles of division of the salvage remuneration among the crew of the ships belonging to the Vietnam Armed Forces.s

            Article 174

           Any claim in respect of the performance of the salvage agreement if barred at the expiration of two years from the date of termination of the salvage operation.

CHAPTER XII

RECOVERY OF PROPERTY FROM THE SEA

 Article 175

 1.         Properties sunken, which are mentioned in this Chapter, are vessel, cargo or other objects sunken in Vietnamese inland waters or in the Vietnamese territorial waters or floating on the sea, and or washed ashore the Vietnamese coast.
2.         The owner of such property sunken should, within latest one hundred and eighty days of the date on which the property sank, give notice to the Minister of Transport and Communications of his intention to recover that property and to indicate the date by which he intends to complete the recovery.
          The Minister of Transport and Communications, within sixty days of the date in which the notice was received, determines the acceptance of the intended period for the completion of recovery or fix for the owner a time to complete the recovery. The period for the recovery should not be more than a year counting from the date in which the decision was delivered to the owner of property.
3.         Where the owner of property has not commenced the recovery operations within the period determined in item 2 of this Article or where he has prolonged the recovery operations over a year counting from the date of completion of the period for the recovery, the ownership in such property passes to the State of Vietnam.

            Article 176

           The recovery of property sunken in military zones as well as the recovery of military property adapted for military purposes requires a permission from the Minister of Defence or the head of the military unit who is authorized by the Minsiter.

            Article 177

 1.         Where a property sunken endangers or hinders navigation and exploitation of the habour and marine natural welfares or where it endangers peoples lives and health and causes pollution of the sea, the owner of property is bound to recover it right after it has sunk. Where the owner fails to do the recovery it right after it ahs sunk. Where the owner fails to do the recovery, the Minister of Transport and Communications may order the recovery, fixing for him a period for reimbursement of the costs incurred.
          The owner of property is also liable for relevant losses and subject to penalty according to laws, even when he lost the ownership of the property as provided in item 3 of Article 175 of the present Code.
2.         Instead of the provisions laid down in item 1 of this Article, the Minister of Transport and Communications is entitled to determine the recoverer if it appears that the recoverer nominated by the owner of property is unable to ensure the recovery at a fixed time.
3.         Where the owner fails to claim delivery of he property after one hundred and eighty days of his having been advised of the recovery or to pay the costs involved in the period fixed, the Minister of Transport and Communications or the agency duly authorized by him has the right to sell the recovered property by public auction. Out of the proceeds obtained from the sale, the balance must be placed in bank deposit for delivery to the entitled party after deducting the costs of the recovery, expenses for the preservation of the property and for the carrying out of the sale as well as other expenses.
4.         The owner is only liable for the costs and expenses incurred in connection with the cases set out in this Article within the limits of the value of the recovered property.

            Article 178

           Vietnamese organizations and individuals are given priority in conclusion of contracts for recovering property sunken in Vietnamese inland waters and in the Vietnamese inland waters and in the Vietnamese territorial waters.

            Article 179

 1.         The incidental recovery of property belonging to another, sunken in Vietnamese inland waters and in the Vietnamese territorial waters, or the transportation thereof to Vietnamese inland waters or to the Vietnamese territorial waters should be immediately reported by the recoverer to Peoples Committee of the province or the municipal-level cities of the central authority or similar administrative units and the Customs at the nearest place as well as the Minister of Transport and Communications as to the time, place and circumstances of the recovery of property; and the owner should also, as far as possible, be notified thereof, while the property should be properly preserved until the delivery thereof to the owner.
2.         A recovery of property belonging to another as mentioned in item 1 of this Article is entitled to the reimbursement of costs and expenses as well as to a remuneration, the amount of which is determined by applying the provisions concerning salvage.
3.         Where the recovered property belonging to another as mentioned in item 1 of this Article undergoes a rapid decay or destruction, or where its preservation requires excessive costs, the recoverer has the right to handle the property according to the provision of item 3 of Article 177 of the present Code.
4.         Where within fourteen days of his having been advised of the recovery, the owner fails to claim delivery of the property or to pay the amount due to the recoverer and where the owner is unknown, the recoverer is bound to deliver the recovered property to Peoples Committee of the province or the municipal level city of the central authority and, or similar administrative unit for its custody.
          Where the owner of the property, within a period of one hundred and eighty days of the date of his being notified, fails to have any actions to protect his interests, the Peoples Committee of  the province or the municipal-level cities of the central authority and or the similar administrative unit is entitled to handle the recovered property according to the provisions of item 3 of Article 177 of the present Code.

            Article 180

 1.         Whoever has found and salved property belonging to another, floating on the sea or has contributed to the salvage of such property, is entitled to a remuneration in accordance with the provisions concerning salvage, provided that he has advised the owner of property of his claim not later than the time of delivery of the property found.

2.         Whoever has found and salved property belonging to another, floating on the sea or has contributed to the salvage of such property, is entitled to a remuneration in accordance with the provisions concerning salvage, provided that he has advised the owner of property of his claim not later than the time of delivery of the property found.

3.         The provisions of items 1, 3 and 4 of Article 179 of the present Code are also applicable to the cases set out in items 1, 2 of this Article.

            Article 181

           The Council of Ministers shall determine in detail the manner of dealing with property sunken at the sea.

CHAPTER XIII

COLLISION

             Article 182

 1.         Collision mentioned in the present Code is a collision, which has occurred in waters where sea-going vessels are permitted to operate, between sea-going vessels or between a sea-going vessel and a vessel of inland navigation, a seaplane or other floating structures.

2.         The blame vessel is liable for damage done through collision to a vessel or to persons and property in connection thereof. Where the fault is not clearly determined, nobody is to blame for the collision.

3.         A blame vessel is a vessel causing a collision or such collision is as a result of negligence in equipping, navigation and management of the vessel, in observing regulations for preventing collisions at sea and regulations for the marine navigation safety as well as non-exercising of necessary professional practices.

            Article 183

 1.         Where both to blame or many to blame collision has occurred, each of them is liable in proportion to the degree of her fault. Where the degree of the fault is equal or it is impossible to establish the relative degrees of fault, they are held equally to blame.

2.         For damage resulting from loss of life, personal injuries or health damage the vessels at fault in the collision are liable jointly and severally. A vessel which, by virtue of the joint and several liability, has paid more than required proportion, is entitled to recover from the other vessels the sum paid in excess.

          Any claim in respect of recovery of the amount paid in excess is barred at the expiration of one year from the date of the payment.

            Article 184

           Where the collision has occurred by force majeure or by an accidental event, or where the blame vessel cannot be identified, the damages are borne by those who have suffered them. This provision is also applicable where the vessel is at anchor, moored to or alongside another vessel at the time of the collision.

            Article 185

 1.         After the collision, the master of each of the vessels in collision is bound, so far as he can do so without serious danger to his vessel as well as the persons and property on board his vessel, to render assistance to the other vessel, her persons and her property.

2.         The master of each of the vessels, immediately after collision, is also bound to make known to the master of the other vessel the name of his own vessel, her call-sign, the port to which she belongs and the names of the ports from which she has come and to which she is bound.

3.         The shipowner is not responsible for a breach of the duties set forth in items 1 and 2 of this Article by his master.

            Article 186

 1.         The provisions of this Chapter are also applicable where a vessel by her fault has caused damage to another vessel or to persons or property on board thereof, even through no direct collision has taken place.

2.         The provisions of this Chapter are also applicable to military ships belonging to the Vietnam Armed Forces. These ships do not incur liability for damage done to other vessels by way of collision while executing service duties on military exercise areas  and on areas declared as prohibition to navigation, but commanders of such ships are not relieved thereby of the duties provided for in Article 185 of the present Code.

CHAPTER XIV

GENERAL AVERAGE

             Article 187

 1.         General average comprises 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, the cargo, the freight or the passage money for the carriage of passengers.

2.         Only such losses which are the direct consequence of the general average act are allowed as general average. Indirect losses whatsoever, such as losses resulting from the vessels detention or difference in prices are not be admitted as general average.

3.         Any extra expense in excess of necessary expenses which would have been allowable as general average is allowed as general average, but only upto the amount of reasonable expenditure depending on each specific case.

            Article 188

 1.         General average losses are apportioned over the vessel, the cargo, the freight and the passage money for the carriage of passengers upon the basis of their actual values at the place and time where and when the vessel shall have entered for refuge after the general average occurrence.

2.         General average losses are apportioned according to item 1 of this Article even though the common peril which has given rise to the extraordinary sacrifice or expenditure has been due to the fault of any party to the general average or a third party.

3.         Apportionment of general average losses is also carried out even where the sacrifice has involved the vessel or the whole cargo but not brought about the intended result.

4.         The apportionment of general average losses does not deprive any party in the general average from the right to recourse against the party through whose fault the loss has arisen.

            Article 189

           Any loss of or damage to the cargo loaded on board without the permission of the shiponwer or wrongly declared as to its kind and value are not allowed as general average; however, such cargo, if saved from the peril, contributes to general average in accordance with general principles.

            Article 190

           Any damages to or losses of the vessel, the cargo or the freight which are not allowed as general average are particular averages. They are borne by the suffering party unless he proves that the other party is responsible for their occurrence.

            Article 191

 1.         Establishing whether there is a general average, the assessment of the amount of general average losses and also their apportioned is carried out by the average adjusters on the order of the shipowner.

2.         The order should be given by the shipowner to the average adjuster immediately, but not later than within thirty days after the date when the vessel have entered the place for refuge after the general average occurrence. In the event of delay on the part of the shipowner, any party involved in the general average has the right to appoint the average adjuster.

3.         Principles applying for a detailed adjustment of the loss value and contribution value are agreed by parties. In the absence of the agreement of parties, the average adjuster shall carry out according to international customs.

            Article 192

           Any claim arising from the general average is barred at the expiration of two years from the date of the general average occurrence. The operation of time limit is interrupted by the commencement of adjustment proceedings. The time limit continues to operate anew from the date of the termination of such proceedings.

            Article 193

           The Council of Ministers shall promulgate a Statute on average adjusters.