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Decree No. 57/2010/ND-CP: Decree sets procedures for seizures of ships

Port authority directors may decide or authorize their deputies to decide on seagoing ship arrest or release of arrested ships under court rulings to secure the settlement of sea protests, application of provisional urgent measures or enforcement of civil judgments or under judicial mandate of foreign courts.

Decree No. 57/2010/ND-CP of May 25, effective on July 9, detailing and guiding the Ordinance on Arrest of Ships, also prescribes powers, order and procedures for handling and auction of arrested ships abandoned by their owners.

Expenses for ship arrest shall be borne by ship owners if ship arrest requests are well grounded or by requesters that made groundless arrest requests. For abandoned ships, arrest expenses will be paid with proceeds from their auction within 10 days after the auction is held. The state budget will pay ship arrest expenses in case of unsuccessful pursuit of ships subject to lawful arrest requests.

Ship owners and shipmasters are obliged to pay for the maintenance of arrested ships. Otherwise, shipmasters or ship owners’ agents may apply necessary measures to maintain the operation of these ships.-

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