Headlines 28/06/2017 09:59 SA

Law and Code coming into force as of July 01, 2017

Văn Dũng

THƯ VIỆN PHÁP LUẬT would like to summarize new regulations of the Law on property auction in 2016 and the Maritime Code of Vietnam in 2015 Maritime Code of Vietnam in 2015 which are coming into force as from July 01, 2017.

1. Eligibility requirements for an auctioneer

The Law on Property Auction in 2016 provides for eligibility requirements for an auctioneer which are more detailed and clearer than prevailing regulations in Article 5 of the Decree No. 17/2010/ND-CP dated March 04, 2010.

Accordingly, a person who wants to become an auctioneer must:

- Be a Vietnamese citizen permanently residing in Vietnam; strictly abide by the Constitution and Law of Vietnam; and possess good ethical quality.

- Possess a bachelor’s degree or postgraduate degree in law, economics, accounting, finance or banking (presently, only bachelor’s degree in law or economics as regulated in the Decree No. 17).

- Have graduated from an auction training course, except where he/she is exempted from such a course as regulated by law. To be specific:

+ A person who has worked in the trained field for at least 03 years may join an auction training course and the duration of an auction training course is 06 months.

+ Lawyers, public notaries, bailiff, property management officers or arbiters who have practiced their profession for at least 02 years; judges, procurators or executors are exempted from auction training courses.

-  Have passed the examination of auction practice internship results.

2. 05 rules for foreign military vessels’ arrival in Vietnam

The Maritime Code of Vietnam in 2015 has a specific Article (Article 95) to provide for rules for foreign military vessels’ arrival in Vietnam. To be specific:

- The foreign military vessel must be permitted to enter into Vietnam by competent regulatory authorities in accordance with effective regulations of law.

- The foreign military vessel that arrives in Vietnam must comply with regulations of Vietnamese laws, unless otherwise diplomatically agreed upon between the country whose flag is flown by that vessel and the competent regulatory agency of Vietnam prior to such vessel's arrival in Vietnam.

- The work schedule and members working on board that vessel must be consistent with specified arrangements; any change or supplementation to the schedule or members must be subject to the permission granted by Vietnam’s competent authorities.

- In order to be permitted to enter into a Vietnamese seaport, a foreign military vessel that is heading toward Vietnam's territory waters must comply with the following regulations:

+ A submarine and any other submersible must operate above the water surface and fly the flag of the Socialist Republic of Vietnam at the position which is as high as that of its flag, unless otherwise permitted by the Government of Vietnam or agreed upon between the Government of Vietnam and the Government of the country whose flag is flown by such submarine or submersible.

+ Ship identification numbers and ship name must be inscribed onto the ship's body.

+ All weapons taken on board that vessel must be placed in a rest or unmounted position or kept in locked storage.

+ That vessel must stop at the pilot embarkation and disembarkation area in order to complete procedures for entry and any procedure under the instructions of the port authority or pilotage in Vietnam.

+ Only necessary maritime safety equipment or registered frequencies used for marine communications shall be allowed for use.

+ That vessel must enter into the right seaport by sailing along the stipulated navigational route and corridor.

- If a foreign military vessel heading toward Vietnam wishes to move from this seaport to the other within the territory of Vietnam, it must apply for approval granted by Vietnam's competent authority.

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