The process of registering a ship in Vietnam involves navigating complex regulatory requirements and understanding specific procedures. This comprehensive guide provides detailed information about ship registration in Vietnam, updated for 2025.
1. Introduction
Ship registration in Vietnam is a crucial process that establishes a vessel’s nationality and ensures compliance with maritime regulations. With Vietnam’s growing maritime sector, understanding the registration process is essential for ship owners, maritime companies, and industry stakeholders.
2. Legal Framework
2.1 Vietnam Maritime Code
The Vietnam Maritime Code is the primary legal document governing ship registration activities, stipulating fundamental requirements, procedures, and obligations of shipowners and operators. Additionally, there are:
- Decree 58/2017/ND-CP: Provides guidance on maritime activity management.
- Decree 171/2016/ND-CP: Regulates ship registration, deregistration, purchase, sale, and new ship construction.
2.2 International Conventions
Vietnam is a signatory to various international maritime conventions, which influence registration requirements and standards. These include:
- United Nations Convention on the Law of the Sea, 1982 (UNCLOS 1982): Establishes a comprehensive legal framework for all maritime activities, including ship registration and jurisdiction.
- International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974): While focused on maritime safety, SOLAS also includes provisions related to ship registration and certification.
- International Convention for the Prevention of Pollution from Ships, 1973/78 (MARPOL 73/78): Regulates measures to prevent marine pollution from ships, linking ship registration to equipment and operational requirements.
- International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978 (STCW 1978): Defines training and certification standards for seafarers, affecting ship registration through crew competency requirements.
3. Types of Ship Registration (Article 17, Vietnam Maritime Code)
- Permanent ship registration;
- Temporary ship registration;
- Time-limited ship registration;
- Change of registration;
- Registration of ships under construction;
- Small ship registration.
4. Eligibility Requirements
4.1 Vessel Requirements
Ships must meet specific technical and safety standards, including (Article 20, Vietnam Maritime Code):
Proof of ownership, tonnage certificate, classification certificate, unique name, and deregistration certificate (if previously registered abroad, except for temporary registration).
Foreign ships registered for the first time or re-registered in Vietnam must comply with ship age regulations set by the Government.
Foreign bareboat-chartered or lease-purchased ships seeking Vietnamese flag registration must have corresponding lease agreements in addition to the above conditions.
The following types of ships must be recorded in the National Ship Registry (Article 19, Vietnam Maritime Code):
- Motorized ships with a total engine power of 75 kW or more.
- Non-motorized ships with a gross tonnage of 50 GT, a deadweight of 100 tons, or a design waterline length of 20 meters or more.
- Smaller ships operating on international routes.
4.2 Owner Requirements
Ship registration conditions depend on ownership structure (Article 20, Vietnam Maritime Code):
- Shipowners must have a headquarters, branch, or representative office in Vietnam.
- All fees and charges must be fully paid according to regulations.
5. Registration Procedure
5.1 Registration Principles (Article 18, Vietnam Maritime Code)
- Ships owned by Vietnamese or foreign entities (meeting Article 20 requirements) can be registered in the National Ship Registry of Vietnam, including nationality flag and ownership registration.
- Foreign ships chartered under bareboat or lease-purchase arrangements by Vietnamese organizations or individuals can be registered under the Vietnamese flag.
- Ships already registered abroad cannot be registered under the Vietnamese flag unless their previous registration has been suspended or canceled.
- Ship registration is conducted publicly by the Ship Registration Authority and subject to fees.
- Ships owned by Vietnamese entities or individuals may register under a foreign flag.
5.2 Step-by-Step Process
- Submit initial application to Vietnam Maritime Administration
- Complete vessel inspection and technical assessment
- Provide required documentation
- Pay applicable fees
- Receive registration certificate
5.3 Required Documentation (Article 9, Decree 171/2016/ND-CP)
Permanent registration:
- Certificate issued when the ship meets conditions and is recorded in the National Ship Registry.
- Documents: application form, deregistration certificate (if applicable), purchase or construction contract, tonnage and classification certificates, proof of tax payment, business license (for organizations), ID/passport (for individuals).
Time-limited registration:
- Applies to lease-purchase or bareboat-chartered ships.
- Documents: application form, tonnage and classification certificates, business registration, lease-purchase contract, handover record, tax payment proof.
Temporary registration:
- Certificate valid for 180 days, extendable for another 180 days if official registration cannot be completed.
- Documents: application form, tonnage and classification certificates, shipbuilding contract (for new ships under trial), deregistration certificate (if applicable).
Registration of ships under construction:
- Certificate does not replace official ship registration.
- Documents: application form, new shipbuilding contract, certification of keel laying or assembly milestone, business license or ID/passport.
6. Post-Registration Obligations
After registration, shipowners must ensure:
- Periodic safety inspections: Ships must comply with technical and safety standards under legal regulations.
- Updating certificates and related documents: Shipowners must promptly and accurately report any changes related to registration details in the National Ship Registry (Article 22, Vietnam Maritime Code).
- Environmental protection compliance: Ships operating in Vietnam’s territorial waters must adhere to Vietnam’s environmental regulations and international treaties recognized by Vietnam.
- Crew certification requirements: Shipowners must ensure all crew members possess valid maritime certification per Vietnamese law (Circular 23/2017/TT-BGTVT, amended by Circular 56/2023/TT-BGTVT).
Refer to the following articles for details: Periodic safety inspection: Maritime Safety Compliance in Vietnamese Ports
7. Registration Fees and Timeframes
The registration process typically involves:
Fees and Processing Time The registration process typically includes:
Ship registration fees (Section 1, Part 2, Fee Schedule in Maritime Activities under Circular 189/2016/TT-BTC):
- Initial permanent registration: 1,500 – 3,000 VND/GT (depending on ship type, minimum 300,000 VND).
- Time-limited or temporary registration: 450 – 900 VND/GT (depending on ship type, minimum 90,000 VND).
- Registration of ships under construction: 450 – 900 VND/GT (depending on ship type, minimum 90,000 VND).
- Reissuance of registration certificate (due to loss or damage): 150 – 300 VND/GT (depending on ship type, minimum 30,000 VND).
- Registration changes (ship details, ownership, registration authority, etc.): 75 – 150 VND/GT (depending on ship type, minimum 15,000 VND).
- Technical inspection costs
- Annual maintenance fees
- Processing time: 15-30 working days
8. Compliance and Monitoring
Ships must adhere to technical requirements:
- Classification society requirements: Ships must meet technical standards set by classification societies, including periodic inspections and certification of operational safety.
- Environmental protection standards: Ships must comply with regulations on waste disposal, emissions, and oil spills to minimize environmental impact.
- Safety equipment regulations: Ships must be equipped with life-saving, fire-fighting, and other safety equipment per maritime standards.
Ongoing compliance requirements include:
- Periodic safety inspections: Regular technical assessments to ensure ships meet safety standards under the Vietnam Register of Shipping.
- Updating certificates and related documents: Maintaining and updating essential documents such as ship registration certificates, classification certificates, and operational records.
- Environmental protection compliance: Adhering to marine pollution prevention regulations, including waste management and treatment per MARPOL 73/78 and national laws.
- Crew certification requirements: Ensuring all crew members hold valid certificates and meet training standards under Vietnamese law and international conventions recognized by Vietnam.
Conclusion
Successful ship registration in Vietnam requires careful attention to detail and thorough understanding of the requirements. Working with experienced maritime consultants can help navigate the process effectively.
For specific guidance and assistance with ship registration in Vietnam, contact the Vietnam Maritime Administration or consult with qualified maritime legal experts at the Harley Miller Law Firm
Note:
- The content of this article is for informational purposes only and should not be considered as official legal advice.
- The information provided in the article is based on the laws in effect at the time of publication and may change according to any amendments or updates to the law.
For detailed legal advice, don’t hesitate to contact Harley Miller Law Firm
- Hotline: + 84 9372 15585
- Email: info@luatminhnguyen.com
- Website: luatminhnguyen.com or hmlf.vn
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