THE MINISTRY OF TRANSPORT

Circular No. 46/2011/TT-BGTVT dated June 30, 2011 of the Ministry of Transport on grant and withdrawal of certificates of insurance or financial security under the 2001 International Convention On Civil Liability For Bunker Oil Pollution Damage

Pursuant to the Vietnam Maritime Code of June 14, 2005,

Pursuant to the Government’s Decree No. 51/2008/ND-CPof April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage to which Vietnam is a contracting party; The Minister of Transport provides the grant and withdrawal of certificates of insurance or financial security under the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the grant of certificates of insurance or financial security of civil liability for bunker oil pollution damage under the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (below referred to as the Bunker Convention 2001). Article 2. Subjects of application

This Circular applies to Vietnamese and foreign organizations and individuals involved in the grant and withdrawal of certificates of insurance or financial security of civil liability for bunker oil pollution damage under the Bunker Convention 2001.

Chapter II

GRANT AND WITHDRAWAL OF CERTIFICATES OF INSURANCE OR FINANCIAL SECURITY OF CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE

Article 3. Certificates of insurance or financial security of civil liability for bunker oil pollution damage

1. Certificates of insurance or financial security of civil liability for bunker oil pollution damage (below referred to as certificates) shall be granted by the national ship registry or regional ship registries (below referred to as ship registries )specified in Article 10 of this Circular to attest that insurance or other financial security is in force and complies with the requirements provided in Article 7 of the Bunker Convention 2001. 2. The validity duration of a certificate corresponds to the validity duration of the insurance policy or financial security certificate granted to the ship. 3. A certificate shall be granted in 1 (one) original to the ship owner and 1 (one) copy to be kept at the ship registry.

Article 4. Ships eligible for certificates

1. Vietnamese ships with a gross tonnage of over 1,000 GT operating on international routes.

2. Vietnamese ships with a gross tonnage of over 1.000 GT operating on domestic routes. Foreign ships with a gross tonnage of over 1.000 GT may

be granted certificates at ship owners’ request.

Article 5. Conditions for obtaining certificates

The ships specified in Article 4 of this Circular have insurance policy or financial security of civil liability for bunker oil pollution damage under the Bunker Convention 2001.

Article 6. Certificate application dossiers 1. A certificate application dossier comprises:

a/ An application of the ship owner made according to the form provided in Appendix I to this Circular (not printed herein}:

b/ The original insurance policy or financial security certificate in compliance with the Bunker Convention 2001. In case of reinsurance, the original certificate of the concerned reinsurer is required. For an electronically issued insurance policy or financial security or reinsurance certificate of civil liability of the ship owner, the ship owner shall provide the address of the official and lawful website of the issuing authority for examination:

c/ A copy of the ship registration certificate. 2. The dossier shall be submitted in 1 (one) set. Article 7. Dossier submission mode

Ship owners shall submit dossiers directly or by post to ship registries. Article 8. Order of dossier submission, receipt and processing

1. Order of dossier submission and receipt:

a/ Ship owners shall submit dossiers directly or by post to ship registries:

b/ Ship registries shall receive dossiers directly from ship owners or by post.............

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