What are Responsibility for Wrongful Request of Arrest of Ship?

 

According to Article 131 of Vietnam Maritime Law, the wrongful request of arrest of ship in Vietnam shall be subject to financial obligations. In particular:

The applicant for arrest of a ship must be held legally liable for his request. If the request for arrest of a ship is wrongful, which may lead to any loss, such applicant shall be responsible for compensating for any loss or damage possibly incurred.

Any loss or damage that may be incurred from consequence of such request for wrongful arrest shall be dealt with as agreed upon between parties. Where there is any disagreement or dispute that may arise, the Court or Arbitration Tribunal shall be requested to settle this disagreement and dispute in accordance with laws.

If the Court that grants a judgement on arrest of a ship which is not based on the reasons for a request for arrest or does not serve on the ship as the right subject matter of such request, which may cause any loss or damage, it shall be liable for any compensation in accordance with laws and regulations.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have law firm in Hanoi, law firm in Ho Chi Minh City and law firm in Da Nang. 

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What Documents and Evidence Should be Required to Arrest or Release Ship from Arrest?

 

According to Article 134 of Vietnam Law on Maritime, the requester needs to provide documents and evidence attached with a written request for arrest of ships or a written request for release of ships from arrest.

Upon filing a request for arrest or release of ships, the person requesting such arrest must file a written request for arrest of ships or a written request for release of ships from arrest, enclosing documents and evidence stating that such request or release of ships is sound and legitimate.

Where documents about and evidence for a request for arrest or release of ships from arrest are all written in a foreign language, a Vietnamese translation copy must be submitted and legally authenticated in accordance with Vietnamese legislation. With respect to documents and papers created, issued and certified by a foreign competent authority in accordance with such foreign country’s laws, the consular legalization is required, except when this consular legalization process is exempted in uniformity with international agreements to which the Socialist Republic of Vietnam is a party.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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What Admiralty and Maritime Legal Matters in Vietnam Involve?

 Admiralty and maritime lawyers in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.

How maritime lawyers in Vietnam could help?

Additionally admiralty and maritime lawyers in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.

When legal proceeding arises from a maritime casualty or dispute admiralty and maritime lawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.

How maritime lawyers in Vietnam could help?

Maritime lawyers in Vietnam play a pivotal role in assisting clients with legal matters related to the maritime industry. Vietnam’s thriving import and export activities, extensive coastline, and bustling ports have made the maritime sector a critical component of the nation’s economy. Consequently, the need for legal expertise in this field has never been greater.

First and foremost, maritime lawyers are instrumental in ensuring that businesses involved in shipping and maritime trade comply with the myriad national and international regulations governing this industry. These regulations can be complex and multifaceted, covering areas such as vessel safety, environmental protection, cargo handling, and international trade agreements. Maritime lawyers help clients navigate this intricate legal landscape, ensuring that they remain in full compliance with all applicable laws.

Moreover, maritime lawyers are indispensable in the event of disputes or accidents at sea. Whether it’s a collision between vessels, cargo damage during transport, or issues related to maritime insurance, these legal experts step in to provide guidance, mediation, and representation. Their profound understanding of maritime law allows them to swiftly address and resolve disputes, protecting their clients’ interests and mitigating potential financial losses.

In addition to dispute resolution, maritime lawyers in Vietnam are adept at contract drafting and negotiation within the maritime industry. This is particularly critical when it comes to charter parties, vessel purchase agreements, cargo handling contracts, and other maritime-specific contracts. Ensuring that these contracts are carefully drafted and legally sound can prevent disputes and costly litigation down the road, highlighting the preventive role played by maritime lawyers.

Lastly, maritime lawyers act as advocates for their clients on various fronts, including before maritime authorities, governmental agencies, and international organizations. Their ability to represent clients effectively in legal matters related to the maritime sector contributes significantly to the smooth operation of maritime businesses and ensures their compliance with all relevant regulations.

In conclusion, the importance of maritime lawyers in Vietnam cannot be overstated. Their role encompasses compliance with complex regulations, dispute resolution, contract negotiation, and advocacy, all of which are vital for businesses engaged in maritime trade and activities. With their expertise, maritime lawyers help clients navigate the intricacies of this dynamic sector, ultimately contributing to the success and sustainability of the maritime industry in Vietnam.

Matters to be handled by maritime lawyers in Vietnam

An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle is as following:

- Casualty Defense, Investigation and Litigation

+ Collisions

+ Cargo damage

+ Personal injury and death (seamen, longshoremen and passengers)

+ Property damage

+ Product liability

+Shipowner’s limitation of liability

- Marine Liability Insurance

- Commercial Disputes

+ Bills of Lading

+ Charter party disputes

+Vessel mortgage foreclosure

- General Average and Salvage Claims

- Vessel Regulatory Matters

+ Regulatory compliance

+ Civil fines and penalties

+ Security issues

- Maritime Contracts

+ Contracts of affreightment, bills of lading and charter parties

+ Drafting and advice

- Recreational Boating

+ Injuries and Property Damage

+ Product Liability

+ Sales and documentation

+ Subrogation

ANT Lawyers has law been partnering with a number of UK, US, and Australian law firms in advising clients in admiralty and maritime in Vietnam.

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Which Court Could Grant a Decision to Arrest a Ship in Vietnam

 

According to Article 130 of Vietnam Maritime Law, the following courts could issue decision to arrest a ship in Vietnam.

The People’s Court at the level of a province where the seaport at which a ship subject to a request for arrest of a ship is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.

Where a seaport has different port terminals located within different centrally-affiliated cities and provinces, the People’s Court at the level of a province where the seaport at which a ship subject to an arrest request is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.

The People’s Court that is dealing with a civil case, or the People’s Court at the level of a province where the Arbitration Council is resolving any dispute, shall be accorded authority to impose an arrest of a ship as an interim injunction.

The Chief Justice of the People’s Supreme Court shall consider and decide whether the lower Court has been accorded authority to grant a decision on arrest of a ship in the event that there is any dispute over jurisdiction between the People’s Courts at the provincial level.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang. 

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What are Prohibited Acts in Marine Operations in Vietnam?

 

According to Article 12 of Vietnam Maritime Law, the acts prohibited in marine operations in Vietnam are grouped in activities that negatively impact national security, people, traffic, environment, in particular:

Harm or pose threatened harms to national sovereignty and security.

Carry people, goods, baggage, weapons, radioactive substances, hazardous discarded substances and narcotics in contravention of laws.

Intentionally create obstacles which can pose dangers or obstructions to marine traffic.

Use and operate ships which have not been registered or inspected or exceed the validity duration of registration and inspection; use counterfeit registration and inspection.

Refuse to participate in marine search and rescue activities if practical conditions permit.
Cause environmental pollution.

Infringe upon life, health, honor and dignity of persons aboard ships; embezzle and intentionally damage or ruin property aboard ships; take flight after causing any shipwreck.

Cause the public disorder, impede or react against implementation of duties of law enforcers on board ships and at seaports.

Destroy, damage, disassemble or steal components, parts, raw materials, building materials and equipment of marine construction works.

Damage, destroy and intentionally move or reduce the efficacy of marine signaling systems.

Explode bombs or other explosive materials within the boundaries of a seaport, port water area or navigational channel without authorization granted by competent authorities.

Illegally build and operate seaports and other structures within the planned boundaries of approved seaports, navigational channels and within the protective enclosure of marine structures.

Develop construction projects which may reduce or eliminate effects of marine structures.

Commit abuse of title, position and authority to contravene regulations on port authority; abet and screen persons who commit violations against maritime laws from any punitive measures.

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