Article 2
Maritime shipping activities conducted by organisations and individuals of Vietnam and foreign countries
foreign countries, Join-venture and foreign co-operative enterprises based in Vietnam are encourage and protected on the basis of respect for the independence, sovereignty and the laws of Vietnam as well as international treaties which are signed or recognised by Vietnam

Article 3
The application scope of the present Code is provided as follows:
1. All the provisions of the present Code are applicable to sea-going vessel employed exclusively for the carriage of cargo or of passenger and luggage; for exploration, exploitation and processing of the wealth of sea; for towage or salvage on the sea; for recovering property sunk in the sea ; or for other activities of an economic nature, which hereinafter are referred to as merchant sea-going vessels.
2.The provisions on the carriage of cargo and of passengers and luggage, on the maritime arrest and lien, on the limitation of civil liability of shipowners are not applicable to sea-going vessels hereinafter referred to as state-service vessels employed exclusively for maritime navigation safety; meteorology-hydrography; telecommunication; inspection; customs; epidemic prevention; fire-fighting; piloting; training; environmental protection or for search and rescue at sea.
3. The provisions on the carriage of cargo and of passengers and luggage, and on general average are not applicable to sea-going vessels employed exclusively for scientific-technological research and sports.
4. Except in specific cases, the provisions of the present Code are not applicable to foreign sea-going vessels and to sea- going vessels sailing under control of the Vietnam Armed Forces employed exclusively for military purpose and public order security guard.
The provisions on the carriage of cargo, of passengers and luggage are not applicable to the carriage of military transports by merchant sea-going vessels.

Article 4
1. Parties to maritime shipping contracts have the right to frame their separate agreements according to their own judgement subject to the exceptions provided by the present Code.
2. Parties to maritime shipping contracts, provided whereof at least one party is a foreign organisation or individual, may determine by mutual consent the law or international shipping custom to govern their legal contractual relations and to submit their disputes to an arbitration or court in either of their countries or in a third country.

Article 5
In case of conflict of laws the following principles will be opted for to decide which law to apply:
1. Legal relations incident to ownership of property on board the vessel, charter parties, contracts of carriage of passengers and luggage, crew recruitment agreement, the division of salvage remuneration between the owner and crew of the salving ship, the recovery of the property sunk on the high seas, occurrences and acts taken place on board the vessel on the high seas are governed by the law of the flag.
2. Legal relations incident to general average are governed by the law in force in the country of the place where the vessel calls at after general average has occurred.
3. Legal relations incident to collision; salvage remuneration; the recovery of property sunk on the sea occurred in inland and territorial waters of the littoral country are governed by the laws of said country.
4. Legal relations incident to collision or salvage occurred on the high seas governed by the law of the country whose arbitration or court deals with the dispute.
5. Legal relations incident to the contracts of carriage of cargo are governed by the law of the country where the carrier has his principal place of business.

Article 6
The provisions in the international treaties signed, or recognised by Vietnam shall prevail those contained in the present Code if they are in discrepancy with the above said provisions in the international treaties

Article 7
Where, by provisions in the present Code or by virtue of contract, the legal contractual relations incident to maritime shipping are subject to foreign law, that law shall be applied in Vietnam provided that it is not contrary to the laws and regulations prevailing in Vietnam.

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CHAPTER II
SEA-GOING VESSEL

Section A
VIETNAMESE SEA-GOING VESSEL

Article 8
1. Only Vietnamese sea-going vessels are permitted to sail under the of Vietnamese flag.
2. A Vietnamese sea-going is a vessel owned by the Vietnamese State, by a Vietnamese organisation having its principal place of business in Vietnam and by a Vietnamese citizen resident in Vietnam or owned by a foreign citizen, which is permitted to register in Vietnam.
3. A Vietnamese sea-going vessel is entitled and bound to fly the Vietnamese flag after having been registered in the "Vietnam National Registry Book of Ships" or after having obtained the "Provisional Certificate of Nationality"

Article 9
1. Priority is granted to Vietnamese sea-going vessels in the carriage of cargo and of passengers and luggage between Vietnamese seaports. Foreign sea-going vessel may be permitted to perform this carriage only when it is approved by the Minister of Transport and Communications.
2. The Council of Ministers (*) shall define scope of activities of the Vietnamese sea-going vessels owned by Vietnamese individuals.

Article 10
A Vietnamese sea-going vessel is named by her owner. The name is subject to the approval of the Registrar of Vietnamese ships.

Article 11
A shipowner is the person who owns ship. Shipowners are entitled to fly their house flag.

Article 12
1. Vietnamese sea-going vessels are subject to the obligations of being entered in the "Vietnam National Registry Book of ships".
(*) In the present Code where the "Council of Minister " is referred to, it should be understood now the "Government"
The registration of ships in Vietnam is public and against the payment of a certain fee and made by the Registrar of Vietnamese ships. Persons interested may demand certified abstracts from, and copies of entries in the " Vietnam National Registry Book of ships".
2. The Council of Ministers shall define cases when Vietnamese owned sea-going vessels are permitted to enter in foreign country and foreign owned sea-going vessels-in Vietnam.
3. The Council of Ministers shall designate the authorities competent to the registration of ships in Vietnam; the principles and procedures in registration of ships and administrative penalties on violations in registration of ships in Vietnam.

Article 13
Sea-going vessels may be entered in the "Vietnamese National Registry Book of ships" only after having been removed from the foreign country's registrar of ships and having been examined in technical characteristics, classified, measured tonnage and granted the necessary certificates issued by the Vietnam Register of Shipping or by its authorised foreign country's register of shipping.

Article 14
1. The following data are entered in the "Vietnam National Registry Book of ships":
a. The name of the vessel and the full style and principal place of business of the shipowner, international signal letters as well as the kind and appropriation of the vessel;
b. The serial registration number of the vessel and the date of entry;
c. The year and place of construction and the shipyard;
d. The technical characteristics of the vessel;
e. The vessel's minimum complement;
g. The title to the ownership of the vessel and its relevant changes;
h. The ground for, and the date of, the vessel's deletion from the registration;
2. Every change in the data entered in the registration of ships stipulated in item 1 of this Article is also subject to the entry in the " National Registry Book of ships".
3. The data entered in the " National Registry Book of ships" shall constitute legal evidences for the interested parties.
4. After the completion of the procedures for registration the ship shall receive the " Ship's Registry Certificate". This Certificate shall constitute evidence of Vietnamese nationality of the ship.

Article 15
1. A Vietnamese sea-going vessel is naturally removed from the "Vietnam National Registry Book of ships" if she has:
a. Been destroyed or sunk;
b. Been missing;
c. Been found unfit for repairs or not worth repairing economically;
d. Lost her grounds to sail under the Vietnamese national flag;
e. Lost her characteristics of a sea-going vessel.
2. In cases covered by points c. and e. of item 1 of this Article when a sea- going vessel has been mortgaged, hypothecated or liened the official removal from the register of ships may be effected only with the consent of the creditor.
3. The removal of a Vietnamese sea-going vessel from the register of ships shall be effected on the basis of application made by her owner.

Article 16
1. The application procedures for registration must be made by shipowners latest within sixty days from the date when the vessel was taken delivery in Vietnam or from the date when the vessel arrived at the first Vietnamese port.
2. The prompt and exact information on any occurrence and act incident to a sea-going vessel must be circulated by her owner to the Registrar of Vietnamese ships.

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Section B
MARINE NAVIGATION SAFETY AND PREVENTION OF ENVIRONMENTAL POLLUTION

Article 17
A sea-going vessel should he employed in accordance with the appropriation declared on registration provided that her construction, standing appliances and equipment, documents, complement and competence of crew comply, in every respect, with the requirements defined by the Minister of Transport and Communications concerning safety of ship navigation, and safety of life at sea as well as prevention of environmental pollution.

Article 18
1. A Vietnamese sea-going vessel may receive a certificate of technical condition safety after having been inspected and ascertained by the Vietnam Register of Shipping or by its foreign authorised classification societies that she complies with technical conditions of safety as per state norms in Vietnam or in relevant international treaties signed, or recognised by Vietnam.
2. Certificate of technical condition safety should specify the period of its validity. This period may be automatically extended by a period of time not exceeding ninety days if the vessel is actually unable to call for the periodical inspection at the port indicated and if her technical conditions prove to be safe. Such automatically extended period expires immediately on the vessel's arrival at the port indicated for inspection.
3. Certificate of technical condition safety automatically becomes invalid if alterations in vessel have taken place which imperil her technical condition safety.
4. Where it has well-founded grounds to suspect the technical conditions of the vessel's safety, the Vietnam Marine Safety Inspector has the right to interim cease her operation. This Inspector itself or the Vietnam Register of Shipping, upon demand, shall inspect the vessel's technical conditions despite that she has authentic safety certificates.

Article 19
1. Shipowner and shipmaster are bound to create every favourable condition for inspection of marine navigation safety and of technical conditions of the vessel.
2. Before a vessel being put into operation, shipowner and shipmaster upon demand by the Vietnam Marine Safety Inspector or the Vietnam Register of Shipping are bound to repair or to make additional conditions of marine navigation safety.

Article 20
1. When on the sea or in waters connected therewith opened navigable for sea-going vessels, sea-going vessels including military ships of the Vietnam Armed Forces as well as vessels of inland navigation and sea-planes are bound to comply with the regulations for preventing collisions at sea issued by the Minister of Transport and Communications.
2. The structures, facilities built or installed on the sea and in waters connected with the sea, which are opened for sea-going vessel's navigation and operation, should be equipped with sufficient safety warning devices in proper conformity with the regulations on marine warning signals stipulated by the Minister of Transport and Communications.

Article 21
1. In Vietnam's inland and territorial waters regulations concerning marine navigation safety as in force are also applicable to foreign sea-going vessels unless otherwise provided by the agreement between Vietnam and the country of the flag.
2. The Vietnam Marine Safety Inspector has the right to inspect and punish administrative penalties in respect of violation made by foreign sea-going vessels when operating within Vietnam's inland and territorial waters if this Inspector has sufficient grounds to suspect their seaworthiness or if they commit a breach of the provisions as to marine navigation safety in Vietnam.

Article 22
Inspection of marine navigation safety and of technical conditions of sea-going vessels as provided in the present Code as well as search on board the vessel shall be carried out in conformity with relevant laws and regulations and without detriment to seaworthiness of the vessel.

Article 23
1. When operating in sovereign waters of Vietnam, Vietnamese and foreign sea-going vessels are bound to properly implement provisions as to environmental protection in Vietnam and in international treaties signed, or recognised by Vietnam.
2. When operating in waters of sea ports, and other navigable waters of Vietnam, Vietnamese and foreign
sea-going vessels employed exclusively for transportation of oil products or other dangerous goods are bound to be covered by insurance policy as to the civil liability of shipowner for environmental pollution.
3.Foreign sea-going vessels run by nuclear power shall not be permitted to operate in inland and. territorial waters of Vietnam unless approval is granted by the Chairman of the Council of Ministers(*).

Article 24
The Council of Ministers shall determine the organisation, and scope of activities of the Vietnam Marine Safety Inspector and of the Vietnam Register of Shipping.

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Section C
INSPECTION OF TONNAGE OF VESSEL

Article 25
1. Vietnamese or foreign sea-going vessels when operating in waters belonging to Vietnamese sea-port areas and in Vietnam transit lane waters are bound to show authentic tonnage certificates issued by the Vietnam Register of Shipping or foreign register of shipping or foreign authentic tonnage measurement authority. The tonnage measurement certificates must be in conformity with the Vietnam State Norms or with norms in the international treaties signed, or recognised by Vietnam.
2. In case the vessel's tonnage measurement certificates in every respect do not comply with prescribed requirements in item 1 of this Article, shipowner or master shall make application with the Vietnam Register of Shipping for inspection of her tonnage and pay relevant tonnage measurement fees.

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Section D
DOCUMENTS OF VESSEL

Article 26
A Vietnamese sea-going vessel is bound to keep on board all sufficient logbooks, certificates and other documents as well as certificates of crew as well as certificates of crew as prescribed by the Minister of Transportation and Communications.

Section E
OWNERSHIP OF VESSEL

Article 27
1. A contract for transfer of ownership of a vessel in Vietnam should be made in writing and certified by the public notary. If it is made abroad all procedures are subject to the law of the place where the contract is signed.
2. The transfer of ownership of a Vietnamese sea-going vessel may be effected only after it has been recorded in the 'Vietnam National Registry Book of ships" at the place where the vessel was registered.
3. After the procedures of transfer are completed, together with the ownership of the vessel, her appurtenances also pass to the transferee unless otherwise agreed by and between the parties concerned.
Appurtenances of the vessel are all accessories which, while are not being component parts of the vessel, constitute her equipment.

Article 28
The provisions concerning the transfer of ownership of a vessel are also applicable to the transfer of a share in the ownership of a vessel.

Article 29
1. Shipowner is entitled to hypothecate or mortgage his sea- going vessel to another person subject to provisions of law.
2. The mortgage and hypothecation of a Vietnamese sea-going vessel in Vietnam are subject to provisions of Vietnamese relevant laws. A contract for instituting a sea-going vessel mortgage and hypothecation should be made in writing and certified by the public notary.
3. The mortgage and hypothecation of a Vietnamese sea-going vessel abroad are subject to provisions of relevant law-at the place where the contract for this purpose is signed.
4. The mortgage and hypothecation of a Vietnamese sea-going vessel may be effected only after it has been recorded in the " Vietnam National Registry Book of ships".

Article 30
1. For securing privilege debts, creditors are a statutory lien on the sea-going vessel with priority over other debts even she has been secured by a lien, mortgage, hypothecation arising from a contract or judicial decision.
2. Maritime lien is not effected by a change of the owner or operator of the vessel whether or not vessel's purchaser knows she has been attached to a lien.
3. Statement of Creditor concerning maritime lien on sea-going vessel may be effected only after it has been recorded in the 'National Registry Book of ships' where the vessel was registered.

Article 31
The privilege debts are the debts to be settled in the following order with priority over other debts:
1. Indemnity for death of, or personal injuries to; indemnity for interests arising out from contract of labour.
2. Law costs and costs of judicial execution; expenses incurred in the common interest of the creditors in order to preserve the vessel or to procure her sale and the distribution of the proceeds of sale; harbour dues; costs of watching and preservation of the vessel arising from the time of her entry into the last port;
3. Salvage remuneration and the contribution of the vessel in general average;
4. Compensation for damage caused by collision of the vessel or by other marine accidents; and also for damage caused to harbour facilities, piers and berths, navigable ways, anchorage areas, docks, and for loss of or damage to cargo and baggage;
5. Claims arising out of contracts entered into or other acts done by the shipmaster acting within the scope of his statutory authority when the vessel is away from her home port and such contracts or acts are actually necessary for repair of the vessel or for the continuation of the voyage whether or not the shipmaster is at the same time operator or owner of the vessels and whether the claim is his own or that of shipchander 's, persons repairing the vessel lenders or other contracting parties with him.

Article 32
1. The satisfaction of the creditor from the object encumbered with a maritime lien. is effected by judicial decision.
2. Privilege debts are settled in turn in the order of groups from item 1 to item 5, Article 31 of the present Code.
3. Privilege debts arising from the same voyage and belonging to the same group stated in Article 31 of present Code are settled in proportion to their amount if the amount available for division is insufficient to satisfy the debts in full; however the debts belonging to groups mentioned in item 3 and item 5, Article 31 of the present Code are in each of the groups, settled in the inverse order of the dates on which they came into existence despite such debts arise earlier.
4. Debts arising from one and the same occurrence are deemed to have come into existence at the same time.
5. Maritime lien on sea-going vessel arising from the last voyage has priority over that from previous voyages.
6. Debts arising from one and the same contract of labour relating to several voyages are settled parallely with the debts arising from the last voyage.

Article 33
1. A creditor is entitled to have a maritime lien on the following amount of money:
a. The freight payable for carriage of cargo, baggage or the money due for the carriage of passengers belonging to the voyage during which there occurred the debts or belonging to all the other voyages performed during the currency of the same contract of labour if it is secured for settlement of debts arising from contract of labour;
b. Compensation due to the vessel for damages sustained by her, if not repaired, and for losses on freight;
c. Contribution due to the vessel by way of general average wherein it includes the amount of money mentioned in point b of this Article;
d. Remuneration due to the vessel for salvage after deduction of awards exclusively falling to the master and crew and other persons engaged in the service of the vessel.
2. Maritime lien defined in item 1 of this Article does not extend to insurance indemnities due to the vessel.

Article 34
1. Maritime liens for securing settlement of the privilege debts defined in item 5 of Article 31 of the present Code extinguish at the expiration of one hundred and eighty days; of the other debts, this period extinguishes at the expiration of one year.
2. The time limit for a maritime lien is indicated as follows:
a. Salvage remuneration - from the day of termination of the salvage;
b. Compensation for damage caused by collision of vessel or by other marine accident - from the day when such damage was caused;
c. Compensation for loss of or damage to cargo or baggage - from the day of delivery of cargo or baggage, or from the day when such should have been delivered;
d. Amount due to the debts defined in item 5 of Article 31 of the present Code - from the day when the debt occurred;
e. Amount due to other debt - from the day when they fell due.
3. Maritime lien on amounts due to the debts as defined in Article 33 of the present Code extinguishes when they are fully paid by shipowner. But such lien remains in force as long as the sum of money paid is still in the hand of the master or other person who is authorised on behalf of the owner or operator of the vessel to withhold the sum.
4. When courts fail to effect a maritime lien attachment on the vessel in Vietnamese internal waters or on Vietnamese territorial sea to protect the interests of a creditor having its residence or principal place in Vietnam, the time-limits defined in items 1, 2, 3 and 4 of this Article can not terminate earlier than thirty days from the day the vessel entered the first Vietnamese port, and maximum not later than two years from the day when the debt occurred.

Article 35
1. Upon application made by the creditor, the Director of Port Authority may temporarily, for a period not exceeding seventy two hours, detain the following properties:
a. A sea-going vessel - for the purpose of securing the claim against her in respect of port charges or damages caused to the port facilities, pier and berths, navigable ways, areas for anchorage, and docks;
b. Wreck or other objects which have been hindering navigation - for the purpose of securing the claim in respect of its removal and demolition.
2. The creditor is fully liable for all consequences arising as a result of his temporary detention defined in item 1 of this Article. Claim against this detention is barred at the expiration of two years from the day when they came into existence.
3. After seventy two hours the property detained temporarily by the provision in item 1 of this Article is released unless otherwise decided by the Court.

Article 36
1. If necessary, for the purpose of security of the settlement of the dispute under trial, the People's Courts
of Provinces and municipal-level cities of central authority or similar administrative units are entitled to issue the warrant of arrest of sea-going vessels.
2. At the request of a foreign court, a foreign vessel can be arrested in Vietnamese internal waters or on the Vietnamese territorial sea to secure the settlement of the cause tried by such foreign court.
3. Not later than at expiration of thirty days from the day when the mater receives the warrant of arrest if the shipowner fails to provide adequate security the court which has issued the warrant of arrest shall be. entitled to public auction of the vessel.

Article 37
1. When the owner or operator of the vessel has provided adequate security or paid full amount of debt the vessel under arrest, temporary detention or maritime lien shall be immediately released. The claimants shall not be entitled to have any action to the prejudice of property or other interests of the owner or operator of the vessel.
2. A sea-going vessel may be released at the application made by those who themselves had made application for her seizure, temporary detention or maritime lien. The relevant charges are covered by such persons.

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CHAPTER III
SHIPCREW

Article 38
Shipcrew shall consist of shipmaster, officers and other persons working on board within the ship's complement, hereinafter referred to as crew.

Article 39
Crew working on board Vietnamese sea-going vessels should be Vietnam citizens. Vietnamese crew may be permitted to work on board foreign sea-going vessels and foreign crew - on board Vietnamese sea-going vessel subject to provisions of the Minister of Transport and Communications.

Article 40
Crew working on board Vietnamese sea-going vessel should have sufficient certificates of health and certificates of competency as provided for by the Minister of Transport and Communications.

Article 41
1. Crew working on board Vietnamese sea-going vessels is bound to carry out their duties in conformity with their ranks.
2.Minister of Transportation and Communications shall define ranks, ranking duties and disciplines applied to crew working on board Vietnamese sea-going vessel. Such ranks, ranking duties and disciplines applied to crew working on board sea-going vessels exclusively employed for exploitation and processing of sea products shall be defined by the Minister of Fishery.
3. The owner of vessel shall define those ranks, ranking duties and disciplines applied to crew which are not yet provided for by the Minister of Transport and Communications and Minister of Fishery.

Article 42
1. Labour regulations, duties and rights of Vietnamese crew working on board Vietnamese sea-going vessels are subject to the laws in force in Vietnam.
2. In case Vietnamese crew must leave the vessel as ordered by the shipowner or the shipmaster, the shipowner is bound to cover living and travelling costs necessary for sending back crew to the place laid down in the contract of labour or to the port where crew joined the vessel unless otherwise stipulated in the contract of labour.
3. When the loss of or damage to the legitimate own property of crew is caused by accident occurred to the vessel, shipowner is bound to compensate such property as per market price ruling at the place and time where the accident is settled. If the accident has occurred by approximate cause on the part of crew, they loose the right to claim for loss of or damage.
4. Labour regulation on obligations and interests of the Vietnamese crew working on board the foreign sea-going vessels, and of foreign crew- on board Vietnamese sea-going vessel. is defined on the basis of recruitment agreements.

Article 43
The master exercises the highest command of the vessel. All persons on board the vessel are bound to conform to the orders given by the master.

Article 44
1. The master must not leave the vessel which is on her course or in danger unless that is required by an absolute necessity.
2. The master is bound to be in personal command of the vessel when leaving, entering ports, canals and river navigable ways as well as when the vessel under his command is operating within port waters areas and in any case involving special difficulty or danger.
3. The master is bound to employ the services of a pilot or of a tug boat where such services are required by regulations or for the safety of the vessel.
The employment of the services of pilots does not relieve the master of the obligation laid down in item 2 of this Article.

Article 45
1. The master is bound to exercise due diligence of a conscientious shipmaster when carrying out his obligation pertaining to service activities.
2. Before the commencement of and during a voyage the master is bound to take due care that the vessel in every necessary respect be seaworthy, and comply with the and with the professional principles of good seamanship and with the regulations as regards the adequate equipment, ship's hull, proper manning and other respects relating to marine navigation safety for the vessel and people on board.
2. The master is entitled not to let the vessel commence the voyage if he has grounds to ascertain that the
vessel under his command has insufficient necessary conditions of seaworthiness.
4. The master is empowered to keep the crew under his command to follow the disciplines, or to give the reward to them; to refuse to recruit or to force to leave his ship those-crew who are unqualified in ranks assigned to them or who have break the disciplines.

Article 46
1. The master is bound to take due care that the cargo be properly loaded, stowed and preserved, discharged even though such operations have been entrusted to persons who are bound to be engaged in such activities.
2. The master is bound to take due care that the cargo be not damaged or lost; to take such action as may be necessary to protect the interests of persons interested in the cargo; to use all possible means to inform them of particular occurrence concerning the cargo.

Article 47
1. The master is bound to take all necessary measures to protect the vessel, persons and other properties on board.
In the event of a danger of war or blockade at the port of destination the master is bound to call at the nearest safe port and to take all necessary measures to protect the vessel, persons, properties and documents of the vessel.
1. In case the vessel is threatened with sinking or with destruction the master is bound to take all
available measures to save first the passengers and then the crew. The master is the last to leave the vessel after he has made use of all means possible to save the log-books, charts, other documents of the vessel, high valuable objects and money belonging to the vessel.

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 ability nn 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 him 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 or part of the authority. As regards third parties, this limitation of the master's 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 repair 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 requisition a part of cargo being provisions and foods carried on board, and in the case of utmost necessity, to requisition 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
I. 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 ship's log-book and drew up a protocol in presence of ship's 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 this 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 part at which the vessel called, or the authorised 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 authorised 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 authorised diplomatic representative or consular mission of Vietnam of the vessel's arrival unless it is impossible to render such advice.
2. The master is bound to produce, an demand by the authorised diplomatic representative or consulate of Vietnam the vessel's documents.

Article 55
1. Immediately after occurring or detection of marine accidents or special occurrences relating to marine navigation safety in the area where the ship is operating, the master is bound to report the 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 the 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 vessel's 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 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 authorised diplomatic representative consulate of Vietnam abroad or the local competent authority for certifying this submission.

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CHAPTER IV
SEA -PORT AND PORT AUTHORITY

Article 57
1. The sea-ports as referred to in the present Code are Ports opened for sea-going vessel's 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 People's 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 organisation and instruct leading guides on the activities of the Port Authority.

Article 59
The person excising the highest command of the Port Authority is the Director. The Director of Port Authority has the following power and duties:
1. To organise the implementation of regulations on the activities of the port authority, supervise the fulfilment 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 fall 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 realise such vessels, boats or persons having insufficient condition for marine navigation safety.
5. To organise 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 establish their working offices there. The Director of Port Enterprise is obliged to facilitate the functions of these Authorities.
3. The Council of Minister shall promulgate the rules and regulation on work co-ordination between the State Management Authorities operating in the port's areas.

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CHAPTER V
CONTRACT OF CARRIAGE OF CARGO

Section A
GENERAL PROVISIONS

Article 61
1. A contract of carriage of cargo is a contract signed between a carrier and a charter whereby a carrier agrees to carry a definite cargo by sea-going vessel from port of loading to port of discharge, in return for a definite freight paid by a charterer.
The contract of carriage of cargo is signed in the form mutually agreed by and between the parties concerned and it determines the legal relationship between the carrier and the charterer.
2. A carrier may be any person who possesses or charter a sea-going vessel to perform the service of cargo transportation.
A charterer may be any person who on his own behalf or on behalf of another person concludes with carrier the contract of carriage of cargo.
3. The charterer is entitled to appoint another person, hereinafter referred to as shipper, acting on his behalf to fulfil the obligation to supply the cargo to the carrier.
The provisions in this Chapter pertaining to the shipper are also applicable to charterer who actually himself supplies the cargo to the carrier.

Article 62
1. The contract of carriage of cargo may provide that the carrier will allow for the cargo the whole cargo space of the vessel, or a definite part thereof, for a voyage or for a definite period of time. Such a contract, hereinafter is referred to as voyage charter party.
2. The contract of carriage of cargo may also provide that instead of allowing for the cargo the whole cargo space of the vessel, or a definite part thereof, the carrier will perform the carriage on the basis of cargo's kind, quantity, measure or weight. Such a contract, hereinafter is referred to as booking contract.

Article 63
The charterer may, without the carrier's consent, transfer to a third party his rights under the contract of carriage, however, the charterer remains responsible for the performance of the contract jointly and severally with the party to whom he has transferred his rights.

Article 64
The carrier is bound to use the vessel identified in the contract to carry the cargo, except the following cases:
a. As regards a voyage charter party, with the consent of the charterer, the carrier may substitute the contract-identified vessel by another.
b. As regards a booking contract, in the absence of provision concerning the substitution of the vessel, the carrier is entitled to substitute the contract-identified vessel by another with same type, and in necessary conditions fit for the voyage provided that he is bound t6 notify the character thereof.

Article 65
1. Any claim as to the fulfilment of the contract of carriage of cargo is barred at the expiration of one year from the day when freight is failing due.
2. Any claim in respect of damage to, or loss of the cargo carried under a bill of lading or similar way bill is barred at the expiration of one year from the day on which the cargo has been or should have been delivered to the consignee.

Article 66
The provisions of this Chapter are not applicable to the carriage of malls and parcels. The Council of Ministers
shall define the carriage of malls and parcels by sea-going vessels.

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Section B
LOADING UPON VESSEL

Article 67
1. The carrier is bound to direct the vessel, being ready to load, to the determined place and time; to place her at the loading place as per conditions agreed in the contract of carriage of cargo.
2. The carrier is bound to exercise due diligence that before and at the commencement of the voyage the vessel be seaworthy; properly manned; equipped and supplied and moreover that her holds, cool and refrigerating chambers and all other compartments in which goods are loaded, be prepared and brought to a proper condition for the reception, carriage and preservation of the cargo in accordance with its nature.

Article 68
1. Where no loading place at loading port has been ascertained in the contract of carriage, the carrier will direct the vessel to a local customary loading place.
2. Where the carriage is based on a voyage charter party, the carrier will direct the vessel to the charterer's
indicated place which is safe accessible without difficulty for the vessel to reach, to lie there and to leave unhindered with the cargo. Where there are several charterers who have not agreed among them on the loading place, or where the loading place indicated by charterer is not determined, the carrier will direct the vessel to a local customary loading place.
3. Irrespective of whether the loading place has been determined in the voyage charter party, the charterer may, except in the case when the carriage is performed by liner vessels, demand from the carrier that - against reimbursement of all expenses connected therewith - the vessel be shifted from once place to another.
4. Where the carriage is based on a booking contract, the charterer is entitled to change the loading place only where such a provision has been stipulated in the booking contract or such is consequent on a custom applied at the relevant port.

Article 69
1. Where the carriage is based on a voyage charter party, the carrier is bound to notify the charterer or the shipper in writing of having the vessel available at the loading place in readiness to commence the loading, such a notification hereinafter is referred to as the "Notice of readiness".
The days and hours in which the "Notice of readiness' is deemed to have been effected are agreed by and between the parties concerned in the voyage charter party; in the absence of such provision, by local customs in respect of such acts are applicable.
The "Notice of readiness" which at the time of its receipt by the charterer or shipper is not true to the facts, is deemed as not having been effected and the carrier is liable for the loss resulting therefrom.
2. Where the carriage is based on a booking contract, the carrier is bound to notify, within the reasonable time in advance, the charterer or shipper of the loading place and the time when the vessel is in readiness to load within the period fixed for supplying the cargo.
This obligation from the carrier is not applied to the carriage performed by liner vessels unless the schedule is altered.

Article 70
1. The loading time is agreed by and between the parties concerned in the voyage charter party, and where it does not contain any provisions on this subject - by the accepted customs at the relevant port.
2. Interruptions arising by way of causes on the part of the charterer or shipper, as also the time used for shifting the vessel from one place to another requested by him are to count as loading time.
3. Interruptions arising by way of causes on the part of the carrier, as also interruptions caused by force majeure, or by weather conditions which affect the correctness of loading or imperil the safety of loading, are not to count as loading time.
4. The charterer or shipper may agree with the carrier on the despatch for loading to be completed ahead of the determined period or the demurrage resulting from delaying the loading beyond the determined period.

Article 71
1. The parties may provide in the voyage charter party for an additional period of loading beyond the loading time mentioned in Article 70 of the present Code, which hereinafter is referred to as demurrage time. When the parties have not explicitly stipulated on the hours, days of the demurrage time, it is determined by local customs.
2. The demurrage money is determined by the parties concerned in the voyage charter party. Where the voyage charter party does not contain any provision on this subject, it is determined by local customs.
In the absence of local custom the amount of demurrage money is determined by the actual total sum of the carrier's expenditure for the maintenance of the vessel and of the crew throughout the demurrage time.
3. After expiration of the loading and demurrage times, the period of time during which the vessel is detained at the port by way of causes on the part of the charterer or shipper is referred to as the detention-time. The carrier is entitled to compensation for losses caused by the detention of the vessel.

Article 72
The charterer has the right to supply, instead of the cargo specified in the contract - another cargo with same characteristics, the carriage of which will not affect the interests of the carrier and of other charterers.
The freight due to the carrier for the carriage of such cargo must not be lower than the agreed freight.

Article 73
1. The cargo should be stowed on board the vessel in accordance with the "Cargo plan" approved up by the master. Stowage of cargo on deck requires the shipper's consent in writing.
2. The carrier is bound to exercise due diligence in loading, stowage, lashing and separation of cargo on board. The relevant costs are to be agreed upon by the parties concerned in the contract.

Article 74
After the expiration of the loading and demurrage times as provided for in the voyage charter party, or after the expiration of the date for supplying the cargo, as fixed in the booking contract, the carrier is entitled to let his vessel leave the loading place even though the whole agreed cargo.
or part thereof has not been loaded onto the vessel by way of causes on the part of the charterer. In this case the carrier maintain his right to the full freight including the freight falling also on the cargo not loaded, which hereinafter is referred to as dead freight.

Article 75
1. Where according to the contract the charterer has at his disposal the whole space of the vessel, the carrier - while maintaining his right to full freight - is, an the charterer's demand, bound to comply with the following requirements:
a. To commence the voyage even before the agreed date;
b. To load onto the vessel the cargo already supplied at the loading place, even though the demurrage time has been expired, if the loading of such a cargo might cause detention of the vessel, but no longer than fourteen days and this still validates the carrier's right provided for in item 3 of Article 71 of the present Code.
2. Where according to the contract the charterer has at his disposal a part of the space of the vessel, the carrier is entitled to the full freight and to refuse the loading of the cargo which is supplied after the expiration the agreed loading and demurrage time due to the delay on the part of the charterer or shipper.

Article 76
1. The charterer, even though according to the contract he should have at his disposal the whole space of the vessel, may occupy for his cargo such-spaces and areas on board only as are appropriated for the carriage of cargo.
2. The charterer is entitled to demand an appropriate reduction in the freight and compensation for his losses where the carrier fails to place at the charterer's disposal the space of the vessel as determined in the contract.

Article 77
1. The cargo should be packed and have a suitable marking on it in conformity with rules and regulations in force.
2. The carrier is entitled to refuse the loading of the cargo which have insufficiency or inadequacy of packing.
3. As regards easily inflammable, explosive or otherwise dangerous goods or goods which should be handled in a particular manner during loading, carriage, preservation and discharge, besides the responsibility as stipulated in item 1 of this Article, the charterer is bound to furnish in due time to the carrier the documents and necessary guidelines pertaining to the cargo. The charterer is liable for damages resulting from the delay in delivery of such necessary documents and guidelines and from irregularities or inaccuracies thereof.

Article 78
1. Where it is deliberately or unintentionally, the charterer is liable to the carrier as well as to passengers, crew and owners of other cargoes for damages caused by an inaccurate or untrue declaration regarding the cargo.
2. The liability determined in item 1 of this Article is borne also by the shipper where the damages have occurred through his fault.
3. The charterer or the shipper is only liable for losses stipulated in item 1 of this Article if the carrier 'proves such losses are caused through their fault.

Article 79
1. The carrier - while retaining his right to the full freight- is entitled, at his discretion, to discharge the cargo from the vessel, destroy or render it innocuous without any obligation to make compensation where the cargo being easily inflammable, explosive or otherwise dangerous has been falsely declared or where during the loading the carrier has not been warned about and could not ascertain the cargo's dangerous nature on the basis of a common operational knowledge.
The charterer is liable for losses resulting from such cargo.
2. Although the dangerous nature of cargo has been warned or known to the carrier on the basis of a common operational knowledge and the proper conserved measures applied as provided by rules and regulations and the cargo has been loaded onto the vessel, but subsequently such a cargo has imperilled the safety of the vessel, of persons and cargoes on board, the carrier may, at his discretion, have the right to handle it as provided for in item 1 of this Article. For the losses resulting therefrom the carrier is liable only in that arising from the rules of general average and retains his right to distance freight.

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Section C
BILL OF LADING

Article 80
1. The carrier is bound to issue to the shipper, on his demand, a set of bill of lading.
2. The carrier and shipper may agree to substitute the bill of lading by the sea-way bill or other similar way bill and agree on the content, validity of these documents in conformity with international maritime shipping customs.

Article 81
1. The bill of lading constitutes evidence that the carrier has received on board, the cargo with quantity, kinds, and in conditions as specified therein for carriage to the place of discharge. -
The original bill of lading is a document of title for disposing of the cargo and for taking delivery thereof.
3. The bill of lading determines the legal relationship between the carrier and the consignee. Provisions of the contract of carriage are binding upon the consignee only when the bill of lading refers thereto.

Article 82
1. A bill of lading should consist of the following basic contents:
a. The designation of the carrier and his principal place of business;
b. The designation of the shipper;
c. The designation of the consignee, or a statement to the effect that the -bill of lading has been made out to order or to bearer;
d. The name of the vessel;
e. A description of the cargo, specifying its kind, measure, volume, quantity, number of pieces, weight or value where necessary;
g. A description of the apparent conditions of the cargo or its packing;
h. Marks, signs and particulars to identify the cargo, as furnished in writing by the shipper before commencement of loading and having been marked on individual pieces of the cargo or of its packing;
i. Freight and other charges due to the carrier ; remarks as to method of the payment;
k. Place of loading and port of loading;
l. Port of destination or a statement as to when and where the port of destination will be indicated;
m. The number of copies of the original bill of lading issued to the shipper;
n. The date and the place of issue of the bill of lading;
o. The signature of the carrier or of the shipmaster or of the other authorised representative of the carrier;
3. Where the carrier has not been named in the bill of lading, it is assumed that the shipowner is the carrier. Where in the bill of lading made out in accordance with item 1 of this Article, the carrier has been named inaccurately or falsely, the shipowner is liable to compensate for the losses resulting therefrom and then has a recourse claim against the carrier.

Article 83
1. A bill of lading may be issued in the following forms:
a. To a named consignee, referred to as a "straight" bill of lading ;
b. To the order of the shipper or of the person indicating by him referred to as an "order" bill of lading,
c. To an unnamed consignee or unnamed person indicating the order, referred to as a " bearer" bill of lading.
2. Where in an "order" bill of lading the person, to whose order the bill of lading is made out, has not been indicated, such bill of lading is automatically deemed to be made out to the order of the shipper.

Article 84
A bill of lading may be transferred as follows:
a. A "straight" bill of lading: by cession of the ownership in conformity with the relevant regulations and laws. The person whose name has been indicated in the bill of lading in the legitimate consignee;
b. An "order" bill of lading: by endorsement. Where the bill of lading has not been endorsed, the legitimate consignee is the last person who is entitled to issue delivery order;
c. A "bearer"' bill of lading: by delivery of the bill of lading. The person who produces the bill of lading is the legitimate consignee.

Article 85
1. The cargo particulars will be inserted in bill of lading on the basis of the "Cargo list" made out by the shipper.
2. The shipper is liable to the carrier for losses caused by an inaccurate or an untrue statement as to the cargo's kind, measure, volume, quantity, unit, weight, marks and signs.
However the carrier is still bound to perform his obligation under the contract of carriage in relation to the other parties, except the charter and shipper

Article 86
1. The carrier is entitled to insert in the bill of lading his remarks as to the apparent conditions or the packing of the cargo where he has grounds to give suspicion.
2. The carrier may refuse to enter in the bill of lading the cargo description as where he has sufficient grounds to suspect the accuracy of the declaration made out by the shipper at the loading moment or he has no possibility of verifying it.
3. The carrier may refuse to insert in the bill of lading the cargo signs, marks where such have not been marked on individual pieces of cargo or of its packing in such a manner that they should remain legible until the end of the voyage.
4. Where the packing of cargo has been made before supplying to the carrier, he may insert in the bill of lading a remark to the effect that the contents are unknown to him.

Article 87
1. The carriage of cargoes over which a part of the route is to be performed by land, river and air carriers hereinafter is referred to as combined transport.
The bill of lading issued to cover the whole route in combined transport is referred to as "through" bill of lading.
2. Subject to the exceptions provided by other regulations and laws, the provisions on the bill of lading contained in the present Code are also applicable to the 'through' bill of lading issued by the sea carrier.

Article 88
1. A carrier who has issued a "through" bill of lading is responsible for the proper performance of his obligations over the whole route as covered by such a bill of lading until the delivery of cargo to the legitimate consignee.
2. In the carriage under a "through" bill of lading, the carriers involved may agree that each of them is responsible for the performance of his obligation on that part of route served by him, jointly and severally with the carrier who has issued the "through' bill of lading.
3. A carrier who by virtue of his joint and several liability under a through bill of lading has paid an indemnity for losses, has the right to claim for each of the involved carriers a refund in proportion to the amount of freight covered the part of route served by him. A carrier who has proved that the losses occurred not through his fault is exempted from the obligation to make a refund.
4. A carrier who has involved in the carriage under a through bill of lading is responsible for the proper performance of his obligations and to exercise due diligence.
that the further carriage could be successfully performed. The last carrier should protect the rights of the other carriers, in particular their liens.

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Section D
PERFORMANCE OF CARRIAGE OF CARGO

Article 89
1. The carrier is bound to perform the carriage within a reasonable time by the contractually determined route or by the usual route, unless otherwise provided for in the contract.
2. A deviation from the route for the purpose of saying life or property at sea or for other justified reasons which do not affect the contract of carriage does not constitute an infringement of the contract of carriage. The carrier is not liable for any damage resulting therefrom..

Article 90
1. Where the vessel cannot enter the port of destination. on account of insurmountable hindrance, the cessation of which cannot be anticipated within a reasonable time, the carrier may direct the vessel to the nearest safe port and should notify the charterer thereof for further instructions.
2. Where by virtue of contract the carrier allows for the cargo the whole cargo space of the vessel the master should, depending on the specific circumstance, ask for and follow the instructions of the charterer. Where it is impossible to follow the charterer's instructions or where the charterer's instructions have not been received in due time, the master may discharge the cargo or return it to the port of loading, which may, in his judgement, properly protect the interests of the charterer. The charterer is bound to pay the carrier the distance freight and costs connected therewith.
3. Where by virtue of contract the carrier allows for the cargo a definite part of the vessel's space, the master is also entitled to act as stipulated in item 1 of this Article if the charterer's instructions have not been received within five days from the time when the notification for instructions has been sent or if it is impossible to follow the charterer's instructions. The charterer is liable to pay the carrier the full freight and costs connected therewith.

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Section E
DISCHARGE AND DELIVERY OF CARGO

Article 91
The provisions in this Chapter incident to loading of cargo are also applicable in the same manner to discharge and delivery of cargo.

Article 92
1. The charterer has the right to dispose of the cargo until its delivery to the entitled consignee if this right has not been vested to any other person ; and before the commencement of the voyage he may demand redelivery of the cargo at the loading port, and after the commencement of the voyage alter his original indications as to the consignee and the port of destination - against compensation for all losses and expenses connected therewith.
2. Where the cargo is carried under a bill of lading, the rights determined in item 1 of this Article are vested to the legitimate consignee holding the original bill of lading. The carrier is bound to follow his instructions only after surrender of all copies of the original bill of lading issued.
3. The rights determined in item 1 of this Article do not lie if the execution thereof would cause a considerable delay in commencing the voyage, unless the carrier has given his consent thereto.

Article 93
The carrier is bound to deliver the cargo at the port of destination to the legitimate consignee holding oven a single original of the bill of lading or the way bill or other similar way bill as determined in item 2 of Article 80 of the present Code.
After the delivery of the cargo by the carrier against one original copy, all the other copies of the bill of lading stand void.

Article 94
1. Upon taking delivery of the cargo, the consignee is bound to pay to the carrier the freight, compensation money for detention of the vessel and all other charges due to him by way of the carriage of the cargo unless these amounts of money have been paid to the carrier.
Where the cargo is carried under a bill of lading, the consignee is bound to pay only such amounts as are consequent on the bill of lading as provided for therein.
2. The carrier may refuse to deliver the cargo and retain it until the charterer and the consignee have fully paid or properly secured the amounts being owing to the carrier.
The interest, based on the ruling rates announced by the relevant transaction bank, is charged in addition to the debts not payable within failing due.
The debts as above mentioned will include. the contribution of the cargo in general average and salvage remuneration failing on the cargo.
3. A carrier who has delivered the cargo to the consignee, loses his right to pursue any claim against the charterer.

Article 95
1. The consignee, as well as the carrier, may before taking delivery of the cargo demand that a survey thereof be carried out. Costs connected with the survey are borne by the party who has ordered the survey.
Where the carrier fails to prove that the loss of or damage to the cargo has occurred beyond his scope of liability, he is bound to absorb the survey costs even in case it has been demanded by the consignee.
2. It is presumed that the consignee has fully and completely taken delivery of the cargo in conformity with the contents of the bill of lading unless he has given in writing notice to the carrier of losses or damages at latest at time of taking delivery, and in the case of damages externally imperceptible - at latest within three days of taking delivery of the relevant cargo. The notice in writing is superfluous if the cargo has been survey as stipulated in item 1 of this Article.
Any agreement contrary to this provision is invalid.

Article 96
1. Where the consignee does not claim delivery, or refuses to take delivery of the cargo, or delays the discharge, the carrier is entitled to discharge the cargo and place it in custody at a safe and suitable place and notify the consignee thereof. All costs and charges connected therewith and losses resulting therefrom are borne by the consignee.
2. Where at the same time several holders of the original bill of lading or way bill or other similar way bill claim delivery of the cargo, the carrier is entitled to act in the same manner determined in item 1 of this Article.
3. For detention of the vessel caused by discharging t cargo and placing it in custody, as laid down in Item 1 of this Article, an indemnity is due to the carrier on the same basis as for the detention of the vessel during loading.
4. Where, within sixty days from the day of the vessel's arrival at the port of destination, the cargo placed in custody has not been collected or the consignee has failed to pay in full the outstanding debts or to make an adequate security thereof, the carrier has the right to sell the cargo by public auction. Such cargo may be sold even before the expiration of the sixty day period where the cargo incurs a risk of deterioration or its putting in custody involves costs in excess of the actual value of the cargo.
The carrier is bound to notify the charterer of the cases referred to in items 1, 2 and 4 of this Article and also his intention to sell the cargo for clearing debts as determined in item 4 of this Article.
5. The Council of Ministers shall determine the detailed procedures for sale on public auction of the cargoes mentioned in this Article.

Article 97
1. Out of the proceeds obtained from the public auction of the cargo, the carrier covers the amounts due to him from the consignee in connection with the costs of placing cargo in custody and effecting public auction as determined in Article 96 of the present Code, which the balance is placed by him in a bank deposit with a view to such sum being paid to the party entitled thereto.
2. Where the proceeds obtained from the public auction of the cargo are not sufficient to cover in full the amounts due to the carrier as mentioned in item 1 of this Article, the carrier has the right to full claim thereof from the parties involved.
3. Where within a period of one hundred and eighty days from the date of public auction of the cargo, nobody claims for the outstanding balance, the carrier will transfer it to the State Treasure in conformity with statutory procedures.

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Section G
FREIGHT AND ADDITIONAL CHARGE

Article 98
1. Freight and additional charge for the carriage of the cargo are determined on the basis of the tariff approved by the Council of Ministers.
In the absence of such tariff, they are agreed upon by the contractual parties.
2. The period and method of payment for freight and additional charge are agreed upon by the contractual parties.

Article 99
1. No freight is due on cargo lost during the carriage through any accident whatsoever, and the freight paid in advance is subject to refund. Where the cargo lost has subsequently been saved or recovered, the carrier has the right only to the distance freight if the party interested in the cargo has gained no benefit from the cargo having been carried over a part of the voyage.
2. A distance freight is the amount due for the carriage computed in the proportion of the whole agreed voyage distance to the part of the voyage actually covered by the cargo, as well as in the proportion of the costs and time, perils or troubles on the average connected with the part of the voyage covered to what falls to the remaining part of the voyage to be completed.
3. Where, during the course of carriage the cargo has been damaged or wasted on account of its special nature or the animals have died, the carrier has the right to full freight.

Article 100
1. Where a larger quantity of cargo has been loaded upon the vessel than provided for in the contract, the carrier is entitled to the freight also on the surplus according to rates agreed in the contract.
2. On cargo placed on board without permission of the carrier, the latter is entitled to the double amount of freight due for the carriage from the loading port to the port of destination, as well as to compensation for losses which the carrier has sustained by reason of such cargo having been placed on board without his permission. The carrier may discharge such cargo at any Port whatever, if necessary.

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Section H
TERMINATION OF CONTRACT

Article 101
1. The charterer has the right to rescind the contract in the following cases:
a. The carrier has failed to place the vessel at the place of loading at the agreed date, or has delayed in loading the cargo up to the vessel or in commencement of the voyage; the charterer is entitled to the compensation for the damages resulting therefrom;
b. After the completion of the loading but still before the commencement of the voyage or during the voyage, the charterer may demand that the cargo be discharged but he is bound to pay the full freight and costs connected therewith to the carrier.
2. The carrier is entitled to refuse the charterer's demand to discharge the cargo as mentioned in point b, item 1 of this Article where such would cause a delay of the voyage or affect the interests of the parties concerned on account of the alteration of the fixed schedule.

Article 102
1. Where by virtue of contract the charterer has at his disposal the whole space of the vessel, he has the right to rescind the contract of carriage before the commencement of the voyage, however he is bound to compensate the costs arising therefrom and, depending on the moment of the rescission of the contract moreover to pay the freight on the following principles:
a. One half of the freight, where he rescinds the contract still before the agreed loading time to count.
b. The full freight, where he rescinds the contract after the agreed loading time to count or after the agreed time for demurrage to count if the contract has been concluded for a single voyage.
c. The full freight for the voyage, before the commencement of which he rescinds the contract, and plus one half of the freight for subsequent voyages if the contract has been concluded for a number of voyages.
2. Where the charterer has rescinded the contract in conformity with the provision laid down in item 1 of this Article, the carrier is bound to detain the vessel at the place of loading until the cargo discharge has been completed even though this may detain the vessel beyond the a~ loading and demurrage times.

Article 103
Where by virtue of contract the charterer has at his disposal only a definite part of the vessel's cargo space, he is entitled to rescind the contract and liable to compensate the costs connected therewith, and depends on the moment of the rescission of the contract, he is bound to pay the freight on the following principles:
a. A half of the freight where he rescinds the contract after the agreed time for supplying cargo;
b. Full freight where he rescinds the contract during the voyage.

Article 104
Where the cargo has been loaded on board insufficiently as compared with the contracted quantity and the total value of the quantity of such loaded cargo does not secure the freight and other amounts expended by the carrier on the cargo, the carrier may rescind the contract before the commencement of the voyage, unless the charterer has paid the full freight or provided an adequate security, the charterer is bound to refund to the carrier the amounts expended by the latter on the cargo discharge and a half of the agreed freight.

Article 105
1. Either party to the contract may rescind the contract without obligation to compensate for damages sustained by the other party, where, before the departure of the vessel from the place of loading, the following events have occurred:
a. War has broken out threatening the safety of the vessel and cargo ; the loading port or port of destination has been declared blockaded;
b. The vessel has been detained by order of the local authorities for reasons beyond the control of the contractual parties;
c The vessel has been requisitioned for State purpose;
d. An embargo has been declared on carriage of the cargo from the loading port or to the port of destination;
2. Where the contract has been rescinded by reasons as set out in item 1 of this Article, the costs of discharge are borne by the party who has so rescinded the contract.
3. By reasons as set out in item 1 of this Article either party may rescind the contract also during the voyage, the charterer is bound to pay the distance freight and costs of discharge.

Article 106
I. Reciprocal obligations of the parties automatically extinguish where, after the conclusion of the contract and before the departure of the vessel from the place of loading, by the following 'reasons for which neither party is responsible:
a. The vessel designated in the contract has been sunk, missing, captured or considered unfit for repairs or not worth repairing economically;
b. The cargo specifically designated in the contract has been lost.
2. Where the circumstances as set out in item 1 of this Article have occurred during the voyage, the carrier retains his right, to the distance freight. Where only the vessel has been damaged while the cargo has been saved or returned, the carrier retains his right to the distance freight as to so saved or returned cargo.

Article 107
Where the contract has been terminated in conformity with the provisions laid down in this Section, the carrier is still liable to take the care of the cargo until it has been returned.

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Section I
LIABILITY OF CARRIER FOR LOSS OF OR DAMAGE TO CARGO

Article 108
1. The carrier is bound to take due care of the cargo and is liable for loss of or damage to the cargo in the period from its receipt for shipment until its delivery to the consignee. The carrier is obliged to pay for compensation for loss of or damage to the cargo if he fails to prove that the loss or damage has occurred not through his fault.
2. The carrier is completely exempt from liability for loss of or damage to the cargo resulting from:
a. Act, neglect, or default of the master, other members of the crew, pilot, or servants of the carrier in the navigation or in the management of the ship;
b. Fire, unless caused by the actual fault or privity of the carrier;
c. Perils or accidents on the sea, or in navigable waters;
d. Force majeure;
e. Act of War;
g. Hostilities, actions hostile to public welfare order;
h. Acts or restraint of authorities or people, or court seizure for legal process;
i. Quarantine restriction;
k. Act or omission of the shipper or owner of the goods, his agent or representative;
l. Strikes or Lockouts or other similar circumstances from whatever cause which hold up or restrain work in general or in part;
m. Riots and civil commotion;
n. Saying or attempting to save life or property at sea;
o. Wastage in bulk or weight or any other loss or damage arising from quality, inherent defects, or vice of the goods;
p. Insufficiency of packing;
q. Insufficiency or inadequacy of marking of the cargo;
r. Latent defeats not discoverable in spite of exercising due diligence;
s. Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier.
If by virtue of statute or contract anybody is entitled to the benefit of the aforesaid complete exemption of the carrier, the burden of proof shall be on him to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.

Article 109
The charterer is not obliged to compensate the loss of or damage to the vessel or the carrier if he proves that neither his privity nor his agents or servants have caused the action, neglect or fault contributed to the loss or damage.

Article 110
1. Unless the nature and value of such cargo have been declared by the shipper before its loading and inserted in the bill of lading, the way bill or similar way bill, neither the carrier nor the ship should in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of Poincare Francs (*) 10, 000 per package or unit or Poincare Francs 30 per kilo of gross weight of goods lost or damaged, whichever is the higher.
The total amount recoverable shall be converted into Vietnamese currency according to the official rate of exchange announced by the State Bank of Vietnam at the time of compensation.
The total amount recoverable shall be calculated by reference to the value of such cargo at the place and time at which the cargo is discharged from the vessel in accordance with the contract provision or should have been discharged.
The value of the cargo shall be ascertained according to the commodity exchange price, or if unable so fixed, according to the current market price, or if there he no such prices, by reference to the normal price of cargo of the same kind and quality at the place of compensation.
2. Where the kind and the value of the cargo have been declared by the shipper before its loading and have been accepted and inserted by the carrier in the bill of lading, way bill or other similar way bill, the carrier is obliged to compensate for loss of or damage to the cargo on the basis of so declared value and on the following principles:
a. As to cargo lost - by the value declared;
b. As to cargo damaged - by the difference between the value declared and the value remained of the cargo.
The remaining value of the cargo shall be fixed according to the market price at the place and time at which the cargo is discharged or should have been discharged, where such value of the cargo is unable to be ascertained it is based on the market price at the place and time at which the cargo has been loaded plus the costs and charges connected with the delivery of cargo up to the port of destination.

Article 111
In any case, the carrier or the vessel is free from liability for any loss of or damage to the cargo or losses relating to the cargo where the kind and value of the cargo have been knowingly misstated by the shipper during loading and so knowingly misstated declaration has been inserted in the bill of lading, way bill or other similar way bill.

Article 112
1. In carriage of the cargo under a bill of lading, any agreement lessening or relieving the carrier from the obligations and liabilities provided in Articles 67, 108 and 110 of the present Code shah be invalidated.
2. Where a bill of lading is issued for cargo carried under a voyage charter party, the provision of item 1 of this Article is applicable from the time when the bill of lading has been transferred to a third party.
3. The contractual parties may only agree to lessen the carrier's liability in a manner different from that provided in item 1 of this Article in the cases connected with:
a. The period of time from the receipt of cargo for carriage to the commencement of its loading on the vessel and from the completion of discharge to the delivery of the cargo;
b. The carriage of live animals;
c. The cargo which, according to the contract, is carried on deck.

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Section K
MARITIME LIEN ON CARGO

Article 113
1. For securing privileged debts, a creditor is entitled to a statutory lien on the cargo, even such cargo has been liened, mortgaged or hypothecated for security of other debts arising front a contract or judicial decision.
2. The privileged debts are settled in the following order:
a. Law costs and costs of judicial execution; expenses incurred in order to preserve, to sell the cargo and to distribute the proceeds of its sale; duties and other public charges;
b. Salvage remuneration falling on the cargo as well general average contribution due from the cargo;
c. Compensation for damages caused by the cargo;
d. Interests of the carrier.

Article 114
1. A creditor may even exercise a maritime lien on the amount of indemnity due to the cargo for damages to the
cargo incurred but not repaired, as well as to the general average contribution due to the cargo.
2. A creditor may not exercise a lien on insurance indemnity due to the cargo.

Article 115
1. Maritime liens on cargo extinguish on the delivery of cargo to the legitimate consignee.
2. Maritime liens on the amounts due to the cargo extinguish on payment of such amounts to the parties entitled thereto.

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CHAPTER VI
CONTRACT OF CARRIAGE OF PASSENGERS AND LUGGAGE

Article 116
1. A contract of carriage of passengers and luggage is a contract signed between a carrier and a passenger whereby carrier agrees to carry a passenger by sea-going vessel, in return for passage money to be paid to him by the passenger, from the port of embarkation to the port of destination.
Legal relationship between the carrier and the passenger is governed by such a contract, while the ticket issued to the passenger constitutes evidence of the conclusion of the contract for passage.
2. The passenger is bound to pay the passage money, the freight for his luggage and other service charge to the carrier.
3. Any agreement limiting the rights of the passenger or lessening or relieving the liabilities of the carrier as provided for in the present Code shall be null and void.
3. Where the passage is performed by a sea-going vessel other than a passenger vessel, the carrier has
the right to substitute the ticket by another similar voucher.

Article 117
1. The passenger is obliged to observe the command of the master and follow all rules and guidelines on board.
2. The passenger is entitled to the interests in compliance with the classified ticket and not to pay the money for the carriage of his hand baggage within the limit of weight and kind designated by the carrier.

Article 118
1. The carrier is bound to exercise due diligence that the vessel is seaworthy and in every respect fit for the carriage correspondingly as provisions laid down in Article 67 of the present Code.
2. The carrier is bound to take due care and to properly protect the passenger together his luggage from the time he has embarked on board up to the time he has safely together with his luggage left the gangway at the port of destination; where during the voyage an extraordinary and unexpected event has occurred, the carrier is liable to absorb the fare necessary to cover the transportation of the passenger from and to the vessel as well as costs of meal, and services for staying on board together with entertainment fees.

Article 119
The carrier is exempted from the occurrence during the voyage that the passenger has been arrested by the
competent authorities by way of causes on the latter's individual part at the port at which the vessel has called.

Article 120
1. Any person who is on board the vessel without the passenger ticket is bound to pay full passage money for the covered distance and a fine of a correspondent amount.
2. The master may disembark such person or transfer him onto a vessel going to the port at which such person boarded the vessel, the master is bound to give the competent authorities information concerning the name, age, citizenship of that person, the port at which he boarded and concealed himself on the vessel. The person who is on board without the passage ticket is still obliged to comply with the provision set out in item 1 of this Article.

Article 121
1. The carrier is entitled not to refund the collected passage money if the passenger has not been present on board at the fixed time including the period the vessel calls at en-route port during the voyage.
2. Where the passenger has fallen seriously ill that he cannot embark the vessel or die within twenty four hours before the commencement of or during the voyage and where the passenger refuses to continue the voyage on account of causes on part of the carrier, the passenger is entitled to take back the whole or part of passage money corresponding to the remaining distance.
3. In case the vessel is unable to reach the port of destination or fails to reach there within the fixed time by way of causes beyond the carrier's responsibilities, the carrier is bound to refund to the passenger the passage money corresponding to the remaining distance of the voyage or to absorb the costs connecting with carrying the passenger back. to the embarkment port or port of destination, whichever the latter wishes, by the sea-going vessel or other means of transport if impossible to carry him by the passenger vessel.

Article 122
1. The passenger may rescind the contract and demand the refund of passage money if his cancellation of the trip has been notified to the carrier latest seven days- in international passenger transport; and one day- domestic passenger transport before the commencement of the voyage.
The carrier is entitled to retain twenty five per cent of passage money if he fails to sell such a ticket to another person.
2. The passenger may rescind the contract and demand the refund of passage money in full where a passenger vessel has not set out the voyage at latest within three days, and any other vessel within seven days, of the schedule date of the commencement of the voyage.

Article 123
1. Where the carriage is to be performed by a vessel other than a passenger vessel, the carrier has the right, before the commencement of the voyage, to rescind the contract of passage and refund passage money to the passenger if the voyage has not materialised without the carrier's fault.
2. For the reason as set out in item 1 of this Article the carrier may also during the voyage rescind the contract of passage but he is obliged to comply with the provisions set out in item 3 of Article 121 of the present Code.

Article 124
Where before the commencement-of the voyage or during the voyage the cases as set out in item 1 of Article 105 of the present Code occur, either party may rescind the contract without obligation to compensate for damage sustained by other party; the carrier is liable to refund a portion of passage money calculated in proportion to the part of the voyage not made by the passenger.

Article 125
1. The contract of passage is automatically dissolved in the event of the vessel being lost, sunk, destroyed or unfit for repairs or not worth repairing economically.
2. Passage money will be refunded to the passenger as provided for in Article 124 of the present Code.

Article 126
1. The carrier is liable for loss of life or personal injury and damage to health of the passenger which have occurred in the course of carriage if he fails to prove that he himself or his representatives, servants have not had fault in occurrence of the accidents causing the damage by reason of or in connection with collision, shipwreck, destruction, running aground, explosion or fire. Any agreement lessening or relieving liability of the carrier is invalid.
2. It the carrier proves that the accident has occurred due to the intentional fault or negligence on the part of the passenger he is partly lessened in the liability set out in item 1 of this Article.
3. The course of carriage is deemed to be included the period during which the passenger rema