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Shipping in 36 Jurisdictions Worldwide 2014 Contributing Editor: Kevin Cooper

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Shipping in 36 Jurisdictions Worldwide 2014 Contributing Editor: Kevin Cooper ® Shipping in 36 jurisdictions worldwide 2014 Contributing editor: Kevin Cooper Published by Getting the Deal Through in association with: Adepetun Caxton-Martins Agbor & Segun Advokatfirmaet Simonsen Vogt Wiig AS Ali Budiardjo, Nugroho, Reksodiputro Andrade Dias & Associados Bech-Bruun Bratschi Wiederkehr & Buob Campbell Johnston Clark Chrysses Demetriades & Co LLC Consolato del Mare OÜ De Castro & Robles Dingli & Dingli Law Firm Dzungsrt & Associates LLC ENS (Edward Nathan Sonnenbergs) Guzmán Escobar & Asociados Haridass Ho & Partners HWL Ebsworth Lawyers Ince & Co LLP Ince & Co Middle East LLP Interlegal, Ukraine Jorquiera & Rozas Abogados Joseph & Partners K&L Gates LLP Kincaid – Mendes Vianna Advogados Associados LOGOS Legal Services Marine Legal Bureau Norton Rose Fulbright LLP Okabe & Yamaguchi Rogers & Co Abogados Segelken & Suchopar Sokolov, Maslov and Partners Straits Consulting Group Van Steenderen MainportLawyers BV Vukic´ & Partners Watson, Farley & Williams Wintell & Co CONTENTS ® Shipping 2014 Australia Joe Hurley, Glenn O’Brien, Jesper Martens and Chris Sacre HWL Ebsworth Lawyers 3 Contributing editor Brazil Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques Kevin Cooper Ince & Co LLP Kincaid – Mendes Vianna Advogados Associados 13 Publisher Chile Ricardo Rozas and Max Morgan Jorquiera & Rozas Abogados 22 Gideon Roberton China James Hu, Mervyn Chen and Lawrence Chen Wintell & Co 32 Business development managers Alan Lee George Ingledew Colombia José Vicente Guzmán and Javier Franco-Zárate Guzmán Escobar & Asociados 44 Dan White Croatia Gordan Stankovic´ and Maja Dotlic´ Vukic´ & Partners 51 Account manager Megan Friedman Cyprus Michael McBride, Yiannis Christodoulou and Michael Papadopoulos Trainee account managers Chrysses Demetriades & Co LLC 59 Cady Atkinson Joseph Rush Denmark Johannes Grove Nielsen and Camilla Søgaard Madsen Bech-Bruun 66 Dominique Destrée Emma Chowdhury England & Wales Kevin Cooper, Reema Shour, Ruaridh Guy and Polly Davies Ince & Co LLP 74 Media coordinator Parween Bains Estonia Indra Kaunis and Taavi Rihvk Consolato del Mare OÜ 89 Administrative coordinator France Christine Ezcutari Norton Rose Fulbright LLP 96 Sophie Hickey Germany Kathrin Janka Riehmer Segelken & Suchopar 105 Trainee research coordinator Robin Synnot Greece George Iatridis and Dimitris Kapsis Ince & Co 112 Marketing manager (subscriptions) Rachel Nurse Hong Kong Su Yin Anand Ince & Co 117 [email protected] Iceland Einar Baldvin Axelsson LOGOS Legal Services 128 Head of editorial production Adam Myers Indonesia M Husseyn Umar, Sahat AM Siahaan and Ridzky Firmansyah Amin Production coordinator Ali Budiardjo, Nugroho, Reksodiputro 136 Lydia Gerges Ireland Helen Noble and Damien Magee Campbell Johnston Clark 142 Senior production editor Jonathan Cowie Japan Shuji Yamaguchi Okabe & Yamaguchi 150 Subeditors Timothy Beaver Latvia Edward Kuznetsov Marine Legal Bureau 156 Caroline Rawson Malaysia Primila Edward and Jeremy Joseph Straits Consulting Group/Joseph & Partners 163 Director Callum Campbell Malta Kevin F Dingli and Suzanne Shaw Dingli & Dingli Law Firm 170 Managing director Netherlands Arnold J van Steenderen, Marieke G van den Dool and Charlotte J van Steenderen Richard Davey Van Steenderen MainportLawyers BV 180 Shipping 2014 Published by Law Business Research Ltd Nigeria Funke Agbor and Chisa Uba Adepetun Caxton-Martins Agbor & Segun 193 87 Lancaster Road London, W11 1QQ, UK Norway Lars Musæus and Christian Bjørtuft Ellingsen Advokatfirmaet Simonsen Vogt Wiig AS 200 Tel: +44 20 7908 1188 Fax: +44 20 7229 6910 © Law Business Research Ltd 2013 Panama Gabriel R Sosa, Eduardo A Real and Alberto Lopez Tom De Castro & Robles 208 No photocopying: copyright licences do not apply. Portugal Mateus Andrade Dias Andrade Dias & Associados 214 First published 2008 Sixth edition Russia Mikhail Sokolov, Anna Arkhipova and Sergey Seliverstov Sokolov, Maslov and Partners 226 ISSN 1759-0744 Singapore Ajaib Haridass, Thomas Tan and V Hariharan Haridass Ho & Partners 233 The information provided in this publication is general and may not apply South Africa Tony Norton, Mike Tucker and Kate Pitman ENS (Edward Nathan Sonnenbergs) 244 in a specific situation. Legal advice should always be sought before taking any legal Spain Marie Rogers, David Diez Ramos and Luis Alberto García Villar Rogers & Co Abogados 253 action based on the information provided. This information is not intended to Switzerland Alexander Blarer and Anton Vucurovic Bratschi Wiederkehr & Buob 261 create, nor does receipt of it constitute, a lawyer–client relationship. The publishers and authors accept no responsibility for Thailand Alan Polivnick, Tossaporn Sumpiputtanadacha and Michaela Croft any acts or omissions contained herein. Watson, Farley & Williams 267 Although the information provided is accurate as of September 2013, be advised that this is a developing area. Ukraine Arthur Nitsevych and Nikolay Melnykov, Interlegal, Ukraine 275 Printed and distributed by United Arab Emirates Graham Crane, Jacqueline Wright, Anna Fomina, Encompass Print Solutions Alexandra Bailey and Pavlo Samothrakis Ince & Co Middle East LLP 283 Tel: 0844 2480 112 United States Jeffrey S King, Julius H Hines and Jorge Romero K&L Gates LLP 291 Vietnam Dang Viet Anh and Vu Phuong Trang Dzungsrt & Associates LLC 299 Law Quick Reference Tables 308 Business Research Dzungsrt & Associates LLC VIETNAM Vietnam Dang Viet Anh and Vu Phuong Trang Dzungsrt & Associates LLC Newbuilding contracts 4 Where the vessel is defective and damage results, would a claim lie in contract or under product liability against the shipbuilder at the suit 1 When does title in the ship pass from the shipbuilder to the of the shipowner; a purchaser from the original shipowner; or a third shipowner? Can the parties agree to change when title will pass? party that has sustained damage? It is very common for local builders to hold title in the ship until The builder’s liability for defective work is contractual and is avail- actual delivery or closing time. Local builders are allowed to raise able during the warranty time which is normally set for 12 months as finance by mortgaging equipment and facilities installed into a par- from the actual delivery. Hence, both the shipowner and a purchaser ticular hull as well as to take out appropriate insurance on the vessel from the original shipowner may claim against the builder under the being constructed. The buyers often try to secure their instalments terms and conditions of the shipbuilding contract and the warranty through a refund guarantee issued by the builder’s bank, the builder’s certificate attached thereto. holding company, or both. In the case of a third party that has sustained damages, he or she In some circumstances, the Vietnamese law may allow parties to may file a claim in tort against the shipbuilder under product liability. choose a foreign law as the applicable law of the shipbuilding con- tract. In this situation, parties may agree to change the time at which Ship registration and mortgages title to the ship will pass, provided that such time is not earlier than the time at which a deregistration or deletion certificate is issued to 5 What vessels are eligible for registration under the flag of your the effect that the builder is no longer the owner of the ship under country? Is it possible to register vessels under construction under Vietnamese law. the flag of your country? If the ship flies the Vietnamese flag or Vietnamese law applies Any kind of vessel used in navigation is eligible for registration, to the shipbuilding contract, title of the ship under construction whether it be propelled or moored, including lighters, barges, off- will pass from the shipbuilder to the shipowner when the latter is shore industry mobile units, seismic vessels and so on. recorded in the National Register of Ships as the new owner. Vietnamese vessels which meet any of the following criteria must be registered with local ship registers: 2 What formalities need to be complied with for the refund guarantee to • self-propelled with main engine capacity of 75 kW or higher; be valid? • non-self-propelled with a gross tonnage of 50 GT or more; • have a deadweight tonnage of 100 tons or more; A refund guarantee is defined as a unilateral undertaking (a unilateral • have a designed lead waterline length of 20 metres or more; or civil transaction) which is often provided by a bank or a holding • are seagoing vessels smaller than the above-mentioned vessels but company of the shipbuilder. In accordance with the conflict rules which travel international shipping routes. of Vietnamese law, a refund guarantee must comply with the guar- antor’s corporate procedures and the law where the guarantor is Passenger ships must not be more than 10 years old and other incorporated or operating. ships must not be more than 15 years old at the time of their first registration. 3 Are there any remedies available in local courts to compel delivery of Vessels under construction may be registered once the keel has the vessel when the yard refuses to do so? been laid. Vietnam has not yet established an effective mechanism for local courts to issue an interim order to assist foreign courts or arbitral 6 Who may apply to register a ship in your jurisdiction? tribunals. Hence, only in cases where parties have agreed to settle Both Vietnamese and foreign companies, individuals and entities their disputes in Vietnam, may they submit an application to
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