Conditions for Doing Business as a Ship Agent under Vietnamese Law

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Quick answer: Doing business in ship agency services is a conditional business line. Organizations and individuals wishing to provide these services must satisfy conditions on legal standing, facilities, and professional personnel under the Vietnam Maritime Code 2015 and guiding documents of the Ministry of Construction (the state management authority for maritime affairs after the merger). Ship agency activities must be carried out on behalf of the shipowner or the ship operator for services related to vessels operating at ports.

Legal basis

  • Vietnam Maritime Code 2015 — Article 235 (ship agency);
  • Commercial Law 2005 — Article 166 (commercial agency);
  • Guiding documents on conditions for maritime service businesses issued by the Ministry of Construction.

What is a ship agent?

Under Article 235 of the Maritime Code 2015, ship agency is a service whereby the ship agent, on behalf of the shipowner or ship operator, performs services related to vessels operating at ports, including: vessel arrival/departure procedures; concluding carriage contracts and marine insurance contracts; issuing bills of lading; supplying services for crew members; collecting and disbursing amounts related to vessel operations; and resolving disputes…

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Conditions for ship agency business

  • Legal standing: being an enterprise duly established under law, with ship agency services registered as its business line;
  • Facilities: having an office and equipment meeting the requirements for providing services at seaports;
  • Personnel: having managers and staff who meet professional standards in maritime affairs as prescribed;
  • Other conditions: satisfying specific conditions prescribed by guiding documents of the maritime management authority (including financial guarantee/deposit requirements, if any).

Key notes

  • Conducting ship agency business without satisfying all conditions may result in administrative penalties in the maritime sector;
  • Ship agency (a specialized maritime service) should be distinguished from ordinary commercial agency under the Commercial Law 2005.

How ANT Legal can help

ANT Legal advises on conditions for maritime service businesses, prepares application dossiers, and represents clients in completing procedures. For advice on your specific case, please contact our lawyers at 0966.475.966.

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