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DECREE No.
99/1998/ND-CP OF NOVEMBER 28, 1998 ON THE MANAGEMENT OF SEA-GOING
VESSEL PURCHASE AND SALE
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THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30,
1992;
Pursuant to Vietnam Maritime Code of June 30, 1990;
In
order to efficiently manage projects for sea-going vessel purchase
and/or sale in line with the planning on development and gradual
modernization of the country’s sea-going fleet; to meet the requirements
on technical safety and protection of the sea environment; and further
improve the procedures for ratification, decision and licensing
sea-going vessel purchase and/or sale projects;
At
the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1:
In this Decree,
the following terms are construed as follows:
1.
“Sea-going vessel purchase and/or sale” means the process of
probing markets, preparing dossiers of application for the ratification
of the purchases/sales of sea-going vessels, the issuance of decisions
thereon and the granting of permits for the purchase/sale as well as the
conclusion and performance of contracts for the purchase or sale of
sea-going vessels.
2.
“Sea-going vessel purchase and/or sale project” means a project
on the purchase and/or sale of one or many sea-going vessels.
3.
“Sea-going vessel purchaser or seller” means organization or
individual that purchases or sells sea-going vessel(s).
4.
“State budget capital or capital of State budget origin” includes
money or properties directly invested in or lent by the State to
organizations and/or enterprises, or other resources assigned by the
State to them for management and use.
5.
“Person competent to decide sea-going vessel purchase or sale”
means the representative of a State organization or agency who is
authorized to decide on the sea-going vessel purchase or sale as
prescribed in Article 10 of this Decree.
6.
“Sea-going vessel purchase-or sale-permit” means a permit granted
by the Ministry of Communications and Transport to sea-going vessel
purchaser or seller in strict compliance with the conditions, order and
procedures provided for in this Decree.
7.
“Sea going vessel purchase or sale contracts” include contracts
on the purchase, sale, leasing-buying, borrowing-buying and building of
sea-going vessels.
8.
“Contract on sea-going vessel borrowing-buying” is a particular
contract where the vessel purchaser and seller agree to use a sum of
credit capital, which may be provided by the seller him/herself to the
buyer for vessel purchase but under the conditions to ensure the
purchaser’s payment responsibility as specified in the contract.
Article 2:
This Decree
prescribes conditions, competence and order for considering, ratifying
and permitting the purchases or sales of sea-going vessels.
The
purchase or sale of sea-going vessels stipulated in Clause 1, Article 3
of this Decree shall have to comply with the provisions of this Decree
shall have to comply with the provisions of this Decree as well as other
relevant provisions of law.
Article 3:
Scope of
application of the Decree
1.
This Decree shall apply to the purchase and sale of the used or
newly-built sea-going vessels on domestic and international markets,
except for cases stipulated in Clause 2 of this Article.
2.
This Decree shall not apply to the purchase and sale of sea-going
vessels of the following types:
a)
Vessels with the total main engine capacity of less than 75 CV; vessel
without motor but with a total carrying capacity of less than 50 GRT;
vessels with tonnage of less than 100 DWT or with the designed length of
water line of less than 20m;
b)
Vessels of different types which are purchased or sold with capital
outside the budget sources or not originating from the budget, on the
domestic market;
c)
Vessels manufactured by Vietnamese shipbuilding enterprises on the basis
of contracts on building ships for foreign countries;
d)
Foreign vessels auctioned in Vietnam under coercive decisions issued by
competent State agencies.
3.
The purchase and sale of sea-going vessels for the purposes of
military use as well as of the maintenance of security and order shall
be managed by the Ministry of Defense and the Ministry of Public
Security; sea-going vessels that use nuclear energy and those used
exclusively for the transport of radioactive substances shall be subject
to separate regulations.
Article 4:
The Government
shall exercise the uniform management over sea-going vessel purchase,
sale, investment, import and export activities of Vietnamese
organizations and individuals in Vietnam, with a view to:
a)
Ensuring the achievement of the strategic objectives on developing the
national sea-going fleet along the line of industrialization and
modernization, thereby contributing to the national economic development
and reasonable protection of the development of Vietnam’s shipbuilding
industry;
b)
Ensuring that the technical safety conditions set for the sea-going
fleet conform with the Vietnamese standards and those set in the
international maritime agreements which Vietnam has signed or acceded
to;
c)
Mobilizing and efficiently and lawfully using investment capital sources
for the fleet development.
Article 5:
Conditions for the
import of sea-going vessels
1.
Sea-going vessels imported for use must fully meet conditions for
registration in Vietnam in accordance with the provisions of Vietnamese
law.
2.
Sea-going vessels imported for dismantlement must not be
repaired, changed or restored for use for other purposes.
3.
Annually, the Ministry of Communications and Transport shall,
after consulting the concerned ministries and branches, base itself on
the market demands and the real capability of Vietnam’s shipbuilding
industry to announce a list of different types of sea-going vessels for
import, which must specify the vessel types, quantities, technical
specifications, total tonnage or total carrying capacity.
Article 6:
Sea-going vessel
purchase or sale contracts
1.
For sea-going vessel purchase or sale contracts, which are made
between Vietnamese organizations or individuals and effected on the
domestic market, their forms and contents must comply with the
provisions of Vietnamese law.
2.
For sea-going vessel purchase or sale contracts, which are made
between Vietnamese organizations or individuals and foreign
organizations or individuals, their forms and contents shall be agreed
upon and selected from among relevant common types of contract on the
market (see the list of a number of international model contracts on
sea-going vessel purchase and/or sale in Appendix I), by contracting
parties. Depending on the specific conditions and purposes, a sea-going
vessel purchase and/or sale contract may be modified appropriately but
must ensure a number of basic contents as provided for in Appendix II
(a, b).
Chapter II
CLASSIFICATION
OF SEA-GOING VESSEL PURCHASE OR SALE PROJECTS, COMPETENCE FOR THE
CONSIDERATION, RATIFICATION AND LICENSING THEREOF
Article 8:
Sea-going vessel
purchase or sale projects shall be classified according to their capital
sources as follows:
1.
Projects using budget capital or capital of budget origin.
2.
Projects using capital sources other than those prescribed in
Clause 1 of this Article and projects where sea-going vessels are
transferred in such forms as gift, donation or inheritance…
Article 9:
Order of considering, ratifying and permitting sea-going vessel
purchases or sales.
1.
The order of considering, ratifying and permitting sea-going
vessel purchases and/or sales shall include the following major steps:
a)
The
1st step: Ratifying the sea-going vessel purchase or sale
plan.
b)
The
2nd step: Evaluating the dossier and issuing decision on
sea-going vessel purchase or sale.
c)
The
3rd step: Issuing the permit for sea-going vessel purchase or
sale.
2.
The order of considering, ratifying and permitting sea-going
vessel purchases or sales stipulated in Clause 1 of this Article shall
apply on a case-by case basis, concretely as follows:
a)
For
sea-going vessels, which are purchased or sold with capital sources
stipulated in Clause 1, Article 8 of this Decree, on the domestic
market, only steps defined in Points a and b, Clause 1 of this Article,
shall be followed.
b)
For
sea-going vessels, which are purchased or sold with capital sources
stipulated in Clause 2, Article 8 of this Article shall apply to all
sea-going vessel purchase or sale projects, irrespective of their
capital sources and of whether they are imported from overseas into
Vietnam or exported from Vietnam to foreign countries.
c)
The
granting of permits for sea-going vessel purchases or sales stipulated
in Point c, Clause 1 of this Article shall apply to all sea-going vessel
purchase or sale projects, irrespective of their capital sources and of
whether they are imported from overseas into Vietnam or exported from
Vietnam to foreign countries.
Article 10:
Competence to
ratify the plans for, and to decide sea-going vessel purchases and/or
sales
1.
The person(s) competent to ratify sea-going vessel purchase or
sale plans shall also be the person(s) competent to decide the sea-going
vessel purchases or sales.
2.
The competence to ratify the plans for and to decide the
sea-going vessel purchases or sales for projects valued at VND 200
billion or more, after receiving evaluation reports and presentations
thereon from he Ministry of Communications and Transport.
a)
The
Prime Minister shall ratify the plans for and to decide the sea-going
vessel purchase or sale for projects valued at VND 200 billion or more,
after receiving evaluation reports and presentations thereon from the
Ministry of Communications and Transport.
b)
The
ministers, the heads of the ministerial-level agencies and agencies
attached to the Government, the People’s Committees of the provinces and
centrally-run cities, the Managing Boards of the State Corporations set
up under Decision No. 91/TTg of March 7, 1994 of the Prime Minister,
shall be entitled to ratify and decide the sea-going vessel purchase or
sale plans for projects valued at less than VND 20 billion.
c)
The
heads of the General Departments, Departments attached to the ministries
and Managing Boards of the State Corporations set up under Decision No.
90/TTg of March 7, 1994 of the Prime Minister shall be entitled to
ratify and decide the sea-going vessel purchase and/or sale plans for
projects valued at less than VND 20 billion as authorized by their
respective ministers.
3.
Depending on the actual situation in each period, the Prime
Minister may readjust the authorization stipulated in Clause 2 of this
Article.
Article 11:
Competence to
permit the sea-going vessel purchases or sales
1.
The Prime Minister shall authorize the Minister of Communications
and Transport to grant permits for the purchases and/or sales of
sea-going vessels in accordance with the stipulations in Points c,
Clause 2, Article 9 of this Decree.
2.
The granting of permits for sea-going vessel purchases or sales
aims to:
a)
Ensure that sea-going vessel purchase or sale projects conform with the
overall development planning set for the national sea-going fleet as
well as the State’s policies on the reasonable protection of the
national shipbuilding industry;
b)
Consider the rationality of the sea-going vessel purchase or sale
projects on the basis of the market demands and infrastructure
conditions of Vietnam’s maritime service as well as the assurance of
technical safety criteria, environmental protection and compliance with
the relevant current provisions of law and international maritime
agreements which Vietnam has signed or acceded to;
c)
Evaluate the terms of draft contracts on sea-going vessel purchases or
sales.
3.
The Vietnam Maritime Department shall be the standing agency in
charge of receiving and evaluating dossiers then submitting them to the
Minister of Communications and Transport for consideration and
permitting the sea-going vessel purchases or sales.
Chapter III
PROCEDURES FOR
RATIFYING PLANS FOR, DECIDING AND PERMITTING SEA-GOING VESSEL PURCHASES
OR SALES
Section A:
PROCEDURES FOR RATIFICATION OF PLANS FOR SEA-GOING VESSEL PURCHASES OR
SALES
Article 12:
For sea-going
vessels purchased or sold with capital sources stipulated in Clause 1,
Article 8 of this Decree, the purchasers and sellers shall, on the basis
of their demands, conduct market survey and prepare dossiers to be
submitted to the competent levels defined in Clause 2, Article 10 of
this Decree, applying for the ratification of sea-going vessel purchase
or sale plans.
Article 13:
A dossier of
application for the ratification of a sea-going vessel purchase or sale
plan shall include:
1.
For projects on sea-going vessel purchase for use:
a)
An
application for the purchase of sea-going vessel(s).
b)
A
copy of the business registration certificate or the decision on the
establishment of the organization or enterprise applying for the
purchase of sea-going vessel(s).
c)
A
report proposing the ratification of the sea-going vessel purchase plan,
with the following contents:
-
Grounds proving the need to purchase the vessel(s);
- The
investment scope: the type, quantity and estimated value of vessel(s);
- The
financial sources for the purchase of vessel(s);
- The
basic technical specifications of the to be purchased vessel(s);
- The
preliminary report on the market and forms of sea-going vessel purchase
such as definitive purchase, borrowing-buying, leasing-buying or
building a new. And, a proposal on the form of sea-going vessel
purchase, such as auction or bidding, competitive offer or bidder
appointment.
2.
For projects on sea-going vessel purchase for dismantlement:
a)
An
application for the purchase of sea-going vessel(s) for dismantlement,
clearly stating the dismantlement capability, conditions and measures to
ensure technical safety; prevention and combat against fires and
explosions and environmental pollution;
b)
A
copy of the enterprise’s establishment decision or business registration
certificate in the field of sea-going vessel dismantlement.
3.
For projects on sea-going vessel sale:
a)
An
application for the sale of sea-going vessel(s), clearly stating: the
reasons of the sale; the vessel’s origin and state of ownership; the
remaining value of the vessel(s); its (their) projected selling
price(s); mode of payment; conditions and place for the delivery of the
vessel(s);
b)
Copies of the vessel registration certificates and technical safety
certificates;
c)
A
copy of the business registration certificate or the decision on the
establishment of the organization or enterprise which applies for the
sale of the vessel(s).
Article 14:
a)
Basing him/herself on the dossier of application for ratification of a
sea-going vessel purchase or sale plan as stipulated in Article 13 of
this Decree, within 20 (twenty) days, the person competent to ratify the
sea-going vessel purchase or sale plan shall have to issue a ratifying
document or give the reasons for non-ratification.
b)
A
document ratifying the sea-going vessel purchase and/or sale plan shall
include the following main contents:
c)
The
investment scope, the mode of capital mobilization, the projected
buying/selling prices, the mode of purchase or sale, the main technical
parameters of the sea-going vessel(s) and the market where such
vessel(s) is(are) purchased or sold: in Vietnam or in foreign
country(ies).
d)
The
permission for the sea-going vessel purchaser and/or seller to apply
such form of purchase and/or sale as auction, bidding, competitive offer
or bidder appointment.
e)
The
person competent to decide the sea-going vessel purchase and/or sale
shall take responsibility for his/her decisions.
Section B:
PROCEDURES FOR DECIDING SEA-GOING VESSEL PURCHASES OR SALES
Article 15:
After a sea-going
vessel purchase or sale plan has been ratified, the sea-going vessel
purchaser or seller shall compile a dossier and submit it to the
competent person for deciding the purchase or sale of one or many
sea-going vessels which has(have) already been selected.
Article 16:
A dossier of
application for a decision on a sea-going vessel purchase or sale shall
include:
1.
For projects on sea-going vessel purchase for use:
a)
Purchasing used sea-going vessels:
- A
certificate of the vessel ownership and a copy of its registration
certificate;
- A
report on technical evaluation of the sea-going vessel(s) by Vietnam
Register of Shipping or by a foreign Register of Shipping or an
international expert nominated by the purchaser and/or seller, and
recognized by Vietnam Register of Shipping;
- A copy
of the vessel’s registration dossier;
- A
report on the results of selection of sea-going vessel(s);
- The
draft contract or agreements of equivalent value;
- An
agreement on loan guaranty, if so requested by the vessel seller or the
loan provider.
b)
Purchasing newly-built sea-going vessels:
- A
technical designing dossier of the newly-built sea-going vessel(s) which
has been ratified by Vietnam Register of Shipping or by a foreign
Register of Shipping, which is recognized by Vietnam Register of
Shipping;
- A
report on the bidding results;
- The
draft contract or agreements of equivalent value;
- An
agreement on loan guaranty, if so requested by the vessel-builder or the
loan provider.
2.
For projects on the purchase of sea-going vessels for
dismantlement:
- Copies
of the vessel registration certificate and ownership certificate;
- The
plans for dismantlement, prevention and combat against fires and
explosions and ecological pollution;
- The
draft contract or agreements of equivalent value;
3.
For projects on the sale of sea-going vessels:
- Copies
of the vessel registration certificate, ownership certificate and
technical safety certificate the competent Registers of Shipping;
- A
report on the results of survey of the market selling price(s) of
vessel(s) of the same type at relevant time, regarding sea-going
vessel(s) sold to foreign country(ies), and the projected initial
price(s) of such vessel(s) in cases where it(they) is(are) auctioned in
Vietnam;
- The
draft contract or agreements of equivalent value;
Article 17:
Basing him/herself
on the dossier of application for decision on the purchase or sale of
sea-going vessels as stipulated in Article 16 of this Decree, the
competent person shall issue a decision on sea-going vessel purchase or
sale, with the following main contents:
a)
Determining the validity and legality of the project dossier already
submitted.
b)
Determining the project’s financial, technical and technological
feasibility as well as the business results of the exploitation of
sea-going vessel(s).
c)
Ratifying the results of selection of sea-going vessel(s).
d)
Ratifying the contents of the draft contract on sea-going vessel
purchase or sale.
Article 18:
Responsibilities
and rights of sea-going vessel purchasers and sellers:
1.
Sea-going vessel purchasers and sellers shall be responsible for:
a)
The
accuracy and legality of documents attached to the dossiers of sea-going
vessel purchase or sale projects which have been submitted to the
competent organizations and agencies for ratifying, deciding and
permitting the purchase or sale of sea-going vessels.
b)
The
authenticity of the technical quality of sea-going vessels, their
buying/selling prices and financial conditions of projects; ensuring
that the vessels’ quality stated in the submitted technical dossiers
correspond to the actual state of the vessels upon their delivery and
receipt.
c)
The
efficiency of the projects’ investment capital; the rationality of the
buying/selling modes and the modes of capital mobilization which have
been selected on the basis of projects’ financial and technological
capabilities as well as the sea-going vessel exploitation plans.
d)
The
contents of the draft contracts on sea-going vessel purchase or sale.
And, they shall be entitled to officially sign the sea-going vessel
purchase or sale contracts only after obtaining sea-going vessel
purchase or sale decisions and permits as prescribed in this Decree.
e)
Strictly complying with regulations stated in the sea-going vessel
purchase or sale permits; and reporting the results of sea-going vessel
purchase and or sale, within 7 days after the completion thereof, to the
persons competent to decide and permit the sea-going vessel purchases or
sales.
2.
Sea-going vessel purchasers and sellers shall have the following
rights:
a)
To
directly negotiate and conclude sea-going vessel purchase or sale
contracts and fill procedures for the delivery and receipt, import or
export of sea-going vessels, based on the sea-going vessel purchase or
sale permits granted by the Minister of Communications and Transport.
b)
If
deeming it necessary, sea-going vessel purchasers or sellers may hire
consultants to elaborate the projects or entrust other persons to fill
the procedures for the delivery or receipt, import or export of
sea-going vessels in compliance with the permits.
Section C:
PROCEDURES FOR GRANTING SEA-GOING VESSEL PURCHASE AND/OR SALE PERMITS
Article 19:
A dossier of
application for a permit to purchase sea-going vessel shall include:
1.
For projects on sea-going vessel purchase for use:
- An
application for a sea-going vessel-purchase permit;
- The
decision allowing the purchase of sea-going vessel(s) issued by the
competent person as prescribed in Article 10 of this Decree, and
accompanying documents as stipulated in Clause 1, Article 16 of this
Decree.
2.
For projects on purchase of sea-going vessels for dismantlement:
- An
application for a sea-going vessel-purchase permit;
- The
decision allowing the purchase of sea-going vessel(s) issued by the
competent person as prescribed in Article 10 of this Decree, and
accompanying documents as stipulated in Clause 2, Article 16 of this
Decree.
3.
Dossier of application for sea-going vessel-sale permits:
- An
application for a sea-going vessel-sale permit;
- The
written approval from the agency managing the State’s capital and
property at the concerned enterprise, in cases where the to be-sold
vessel is the State’s property or property of an enterprise where the
State holds dominant shares;
- The
decision allowing the sale of sea-going vessel(s), issued by the
competent person as prescribed in Article 10 of this Decree, and
accompanying documents as stipulated in Clause 3, Article 16 of this
Decree.
- For
each sea-going vessel purchase or sale, the purchaser or seller shall
have to submit to Vietnam Maritime Department 03 (three) sets of dossier
of application for the permit to purchase or sell the sea-going vessel.
Article 20:
1.
A sea-going vessel purchase-or sale-permit shall be issued within
15 (fifteen) days after Vietnam Maritime Department receives the
complete valid dossier as stipulated in Article 19 of this Decree. In
cases where the dossier is not complete, Vietnam Maritime Department
shall have to notify the sea-going purchaser or seller thereof within 03
(three) days after receiving the dossier.
2.
The Minister of Communications and Transport shall have to
consider, ratify and permit the purchase or sale of sea-going vessels on
the basis of the provisions in Article 11 of this Decree and the report
from the Director of Vietnam Maritime Department.
3.
A sea-going vessel purchase or sale permit under the set form in
Appendix III attached to this Decree shall be of the value as the
substitute of the sea-going vessel import/export permit.
4.
A sea-going vessel purchase or sale permit shall be valid for 180
(one hundred and eighty) days at most from the date of its issue and may
be extended only once for not more than 90 (ninety) days. As for
newly-built vessels, the permit’s validity duration shall be determined
depending on the scope of investment and process of implementation of
each specific project.
Article 21:
1.
When applying for the transfer of ownership over a sea-going
vessel in such forms as gift, donation or inheritance… as stipulated in
Clause 2, Article 8 of this Decree, the organization or individual that
receives such sea-going vessel shall have to submit to Vietnam Maritime
Department 01(one) set of dossier, including:
a)
An
application for a permit.
b)
Copies of the vessel registration certificate and technical safety
certificates.
c)
Documents proving the legality of the organization or individual that
presents, donates or bequeaths… the sea-going vessel.
2.
Basing him/herself on the provisions in Clause 2, Article 11 of
this Decree and the report from the Director of Vietnam Maritime
Department, the Minister of Communications and Transport shall have to
consider the issuance of a permit.
The
validity duration of a permit for such forms of ownership transfer shall
comply with the provisions in Clause 3 and Clause 4 of this Decree.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 22:
The Ministry of
Finance shall specify the incorporation of the sea-going vessel
declaration and registration fees and assign the Registers of Shipping
as well as the crew members to directly collect the fees and remit them
into the State Treasuries of localities where the sea-going vessels are
registered.
Article 23:
The General
Director of Customs shall guide and direct the border-gate customs
offices to base themselves on sea-going vessel purchase or sale permits
issued by the Ministry of Communications and Transport, sea-going vessel
delivery and receipt in order to clear sea-going vessel import/export
procedures.
Article 24:
The ministers of
Communications and Transport; Aquatic Resources; Planning and
Investment; Trade; Science, Technology and Environment, and Finance; and
the General Director of Customs shall base themselves on this Decree to
amend and/or supplement the inappropriate contents of legal documents
issued earlier by ministries and general departments according to their
respective competence.
Article 25:
1.
Organizations’ and/or individuals’ complaints and lawsuits
related to the granting of permits for purchase or sale of sea-going
vessels under this Decree shall be settled according to the order and
procedures prescribed by law.
2.
All acts of violation of this Decree shall, depending on their
seriousness, be handled in accordance with the current provisions of
law.
Article 26:
1.
This Decree takes effect 15 days after its signing and shall be
independent from the Government’s Decrees promulgating the Regulation on
Investment and Construction Management and the Regulation on Bidding.
2.
This Decree shall not apply to sea-going vessel purchase and/or
sale projects which have been licensed before its effective date.
Article 27:
The Minister of
Communications and Transport shall have to organize and guide the
implementation of this Decree.
Article 28:
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies
attached to the Government, the presidents of the People’s Committees of
the provinces and centrally-run cities shall have to implement this
Decree.
On behalf of
the Government
Prime Minister
PHAN VAN KHAI
---------------------------------------
APPENDIX I
LIST OF A
NUMBER OF COMMON INTERNATIONAL MODEL CONTRACTS ON SEA-GOING VESSEL
PURCHASE AND/OR SALE
1.
STANDARD FORM OF 7 OCTOBER 1981
This
model contract “for building new sea-going vessels” was distributed by
the Norwegian Ship Owners” Association and Association of Shipyards.
2.
MEMORANDUM OF AGREEMENT/BIMCO-SALEFORM 1956/1987/1993.
This
model contract for sea-going vessel purchase/sale was distributed by
Baltic/BIMCO international maritime organization.
3.
BARECON “A”.
This
model contract (may be applicable to both borrowing-buying and
leasing-buying activities) was distributed by Balstic/BIMCO
international maritime organization.
4.
MEMORANDUM OF AGREEMENT/NIPPONSALES 1965
This
model contract for sea-going vessel purchase/sale was distributed by the
Documentary Sub-Committee of the Japanese Ship-Trading Transaction
Office.
5.
SALESCRAP 87
This
model contract for sale of ship for dismantlement was distributed
Baltic/BIMCO international maritime organization.
APPENDIX II (a)
MAJOR CONTENTS
OF CONTRACT ON THE PURCHASE AND/OR SALE OF NEW OR USED SEA-GOING VESSEL
* Brief
description on the names, transaction addresses and legal status of the
involved parties.
* Names,
specifications and main technical parameters of the purchased or sold
vessel.
* The
buying/selling mode.
*
Specific terms on he conditions for placing the vessel on the dry dock,
special inspection and responsibility for vessel technical evaluation.
* The
vessel’s price, mode of payment and accompanied financial conditions,
including principles for the vessel ownership transfer; deposit; taxes
and fees; insurance; guaranty; pledge or mortgage of the property; names
and addresses of the banks involved in the transaction.
*
Time-limit, place, mode and conditions for the delivery and receipt of
the vessel or annulment of the contract.
* Rights
and obligations of the involved parties.
* The
term on the restrictions to the contract shall be fully applicable only
with permission from the agency competent to issue a permit for the
purchase or sale of the concerned vessel, if such a permit is required.
*
Liabilities due to the breach of the contract, scope of liability
immunity.
*
Principles for settling disputes arising in the course of implementation
of the contract.
APPENDIX II (b)
MAJOR CONTENTS
OF CONTRACTS ON SEA-GOING VESSEL PURCHASE AND/OR SALE FOR DISMANTLEMENT
* Brief
descriptions on the names, transaction addresses and legal status of the
involved parties.
* The
vessel’s name and tonnage.
* The
responsibility to provide certificates of the ownership right, pledge
and mortgage of the vessel.
* The
vessel’s price, mode of payment and addresses of the banks involved in
the transaction.
*
Time-limit, place, mode and conditions for the delivery and receipt of
the vessel or annulment of the contract.
* Rights
and obligations of the involved parties.
* The
term on the restrictions to the contract shall be fully applicable only
with permission from the agency competent to issue with permission from
the agency competent to issue a permit for the purchase and/or sale of
the concerned vessel, if such a permit is required.
*
Liabilities due to the breach of the contract, scope of the liability
immunity.
*
Principles for settling disputes arising in the course of implementation
of the contract. |
