Decree No. 57/2010/ND-CP dated May 25, 2010 of the Government detailing and guiding the implementation of the Ordinance on Procedures for the Arrest of Seagoing Ships

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 57/2010/ND-CP	Hanoi, May 25, 2010

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF THE ORDINANCE ON PROCEDURES FOR THE ARREST OF SEAGOING SHIPS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the August 27, 2008 Ordinance on Procedures for the Arrest of Seagoing Ships;

At the proposal of the Minister of Transport,

DECREES:

Chapter I GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree stipulates the jurisdiction, order and procedures for the arrest of seagoing ships under court decisions to secure the settlement of maritime claims or application of provisional urgent measures, to enforce civil judgments or under judicial mandate given by foreign courts or decisions on release of seagoing ships from arrest; the handling of seagoing ships abandoned by their owners and the auction of arrested seagoing ships and other related matters.

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign agencies, organizations and individuals related to seagoing ships arrested in Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Arrest of seagoing ship means forbidding a seagoing ship to move or subjecting it to restricted movement under a competent court's decision to ensure the settlement of a maritime claim or the application of a provisional urgent measure, at the request of a civil judgment enforcement body or under judicial mandate given by a foreign court;

2. Release of seagoing ship means permitting a seagoing ship to move upon the expiration of the period of arrest, the cancellation of the decision on its arrest or the issuance of a court decision on its release;

3. Decision on arrest of seagoing Chip means a competent court's decision on arrest of a seagoing ship to secure settlement of J maritime claim or the application of a provisional urgent measure, at the request of a civil judgment enforcement body or under judicial-mandate given by a foreign court;

4. Decision on release of seagoing ship means a competent court's decision on release of a seagoing ship from arrest;

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