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Step by step guide when your ship has been arrested in Vietnam

step-by-step-guide-when-your-ship-has-been-arrested-in-vietnam

Step by step guide when your ship has been arrested in Vietnam

  • For what reasons can a ship be arrested?

Ships can be arrested in case of collision, violation of customs or regulations, road norms, health norms, etc.

  • Who can arrest ships?

People’s courts of provinces and cities have the authority to decide to arrest ships to ensure the settlement of maritime claims, enforcement of civil judgments, and execution of judicial entrustment by foreign courts.

In case of a dispute of jurisdiction among provincial People’s Courts, the Chief Justice of the Supreme People’s Court will decide which court is competent.[1]

  • How are ships arrested?

The process is as follows:

  • Decision on arresting a ship;
  • Chief of Justice of the Court assigns a Court official to deliver the decision;
  • Court official comes to the part and delivers the decision to the director of the port where the ship is;
  • The director of the port makes a decision to arrest the ship; and
  • The Vietnamese Coast Guard coordinates the implementation of the decision to arrest the ship.

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[1] « PHÁP LỆNH THỦ TỤC BẮT GIỮ TÀU BIỂN », 05/2008/UBTVQH12, Thuvienphafluat.vn