Maritime Lawyers in Vietnam – Shipping, Marine Insurance & Ship Arrest

Vietnam maritime lawyers are usually instructed when a shipping problem has already become urgent. The authorities may detain a vessel, or the cargo may suffer damage. A notice deadline may be running, security may be demanded, or the parties may dispute a charterparty, bill of lading or marine insurance policy. The first legal task identifies the contract, governing law and dispute forum. It also identifies evidence at risk and every applicable time limit. A commercial answer must account for the vessel, cargo and port authorities. It must also account for insurers, surveyors and counterparties in different jurisdictions.

UniLaw advises shipowners, operators, charterers, cargo interests, freight forwarders, shipyards and port businesses. The firm also assists P&I clubs, hull and cargo insurers, and foreign law firms that need Vietnamese counsel. Therefore this page explains the legal framework, and how to organise a maritime file. It is general information; the correct course depends on the documents and facts of the particular matter.

For the arrest procedure itself — the claims that carry a right of arrest, the 30-day limit and the security that releases a vessel — see ship arrest in Vietnam. For damage, shortage and misdelivery of goods — the time limits, the liability cap and who to sue — see cargo claim in Vietnam. Where the goods went to the wrong hands, see delivery without bill of lading. On hull, cargo and P&I cover, see marine insurance in Vietnam. To turn an LMAA or ICC award into money here, see foreign arbitral award in Vietnam. If the port authority is holding your ship rather than a court, see vessel detention in Vietnam. On crew wages, repatriation and abandonment, see seafarer wages in Vietnam. For flagging, sale and purchase and ship finance, see ship registration in Vietnam.

A decided case Vietnam maritime lawyers point to

Judgment No. 73/2023/KDTM-PT of 10 July 2023 — Superior People’s Court, “Dispute over a contract of carriage”.

A Vietnamese exporter shipped a consignment of ceramics worth USD 16,776 and was issued three originals of Bill of Lading No. VN5251730A. However, the carrier released the cargo without anyone producing the bill, as the law requires. The Court of Appeal rejected the carrier’s appeal and upheld the first-instance judgment of the Ho Chi Minh City court, ordering the carrier to pay the full cargo value — USD 16,776, VND 381,234,600 — for goods delivered contrary to law, with interest at the State Bank base rate from the enforcement request.

That result rested on Articles 70, 71, 72 and 73 and Article 77(1) of the Maritime Code 2005. Note the numbering: under the 2005 Code, Article 73 defined the bill of lading as the document of carriage the carrier issues to the shipper. In the 2015 Code, Law No. 95/2015/QH13, Article 73 is about seaports — so a citation copied from an older note points at the wrong provision.

Two things Vietnam maritime lawyers take from it. Misdelivery without the bill costs full cargo value, not a negotiated discount. And the holder of the originals, not the person in possession of the goods, is who the carrier must answer to.

A second case worth reading is Judgment No. 47/2024/KDTM-PT of 19 July 2024, a logistics dispute over seven 40ft reefer containers stranded at a foreign port, where the Court of Appeal amended the first-instance judgment and awarded logistics charges of VND 1,725,747,500. And in Judgment No. 09/2021/KDTM-PT of 22 January 2021 a foreign company was held liable for loss outside contract under Articles 584, 589, 597 and 601 of the Civil Code together with Article 287 of the Maritime Code 2015.

Decided maritime cases are published on case.unilaw.vn.

The legal basis Vietnam maritime lawyers work from

• Maritime Code, consolidated as No. 52/VBHN-VPQH — Article 3 (scope), Article 5 (order of application), Article 129 (arrest of a sea-going ship) and Articles 130-134, Articles 141-148 (carriage and cargo liability), Articles 150, 160, 169, 174, and Article 287.
• Civil Code, Law No. 91/2015/QH13 — Articles 584, 589, 597, 601 for loss outside contract.
• Decree 58/2017/ND-CP, together with Decrees 146/2016, 169/2016, 170/2016, 171/2016 and 86/2020/ND-CP, and the recent Decrees 34/2025/ND-CP and 247/2025/ND-CP.
• Commercial Law, consolidated as No. 113/VBHN-VPQH of 27 August 2025 — Articles 294-295 and 300-307.
• Civil Procedure Code, consolidated as No. 21/VBHN-VPQH of 12 February 2026, or the Law on Commercial Arbitration, consolidated as No. 60/VBHN-VPQH of 15 August 2025.

When should a business instruct Vietnam maritime lawyers?

Contact a maritime lawyer before anyone releases evidence, a limitation period expires, a vessel sails, or a party makes a contractual admission. A practical first review covers the charterparty, riders and transport documents. It also covers the sale contract, insurance policy, survey material, notices, port records and correspondence between the parties. The lawyer should also identify who contracted with whom. Owners and different types of charterer may have different rights and defences. The same applies to the contractual carrier, actual carrier, shipper, consignee and cargo insurer.

The Consolidated Vietnam Maritime Code No 52/VBHN-VPQH dated 18 March 2026 is the central statute. Article 3 provides conflict-of-laws rules for matters such as ship ownership, chartering, collision, salvage and general average. Article 5 permits contractual choice within the limits imposed by the Code. Where at least one party is foreign, it also permits agreement on foreign law, international maritime custom and a court or arbitration forum. Read a choice-of-law or jurisdiction clause together with mandatory Vietnamese rules. The casualty location, port where relief is sought and enforcement plan also matter.

Emergency response after a casualty or port incident

In a collision, grounding, fire, machinery failure, pollution incident or cargo emergency, the legal and factual records develop at the same time. Vietnam maritime lawyers coordinate the legal work with surveyors, insurers and the operational team. First, the immediate work preserves bridge, engine-room and cargo records. Counsel then arranges an appropriate survey, identifies witnesses and controls written communications. The response also includes notices to insurers and counterparties and coordination with the maritime administration and port authorities. The purpose is simple: stop contemporaneous evidence disappearing, and keep later statements consistent with verified facts.

Collision, salvage and general average are three different routes

Articles 285-290 of Consolidated Maritime Code No 52/VBHN-VPQH govern collision, the master’s duty after a collision, allocation of fault and the limitation period for collision claims. Salvage duties, entitlement to reward, special compensation, retention of salved property and the limitation period for a salvage claim sit in Articles 265-274. Articles 292-297 deal with general average, contribution, declaration and adjustment. In short, these are three separate legal routes. A collision damages property through fault or another recognised cause. Salvage concerns assistance to property in danger. General average allocates extraordinary sacrifice or expenditure made for the common safety.

Port procedure after an incident

Port procedure also matters. Articles 114-116 of Consolidated Maritime Code No 52/VBHN-VPQH identify the grounds, authority, time limits and written procedure for administrative detention of a ship. Article 70 of Consolidated Decree No 02/VBHN-BXD dated 20 March 2025 supplies the casualty-investigation procedure. Articles 71-72 address departure conditions and port-entry, exit and operational procedures. This consolidated decree incorporates Decree No 58/2017/ND-CP and its later amendments through Decree No 34/2025/ND-CP. A response plan must distinguish administrative detention from a court-ordered arrest and from commercial security requested by a claimant.

Maritime security alerts

A security incident follows a different reporting route. Articles 4-7 of Decree No 170/2016/ND-CP establish three maritime security levels. They identify the authority that may change a level and prescribe how the relevant parties receive information. Articles 8-9 address the Maritime Security Information Center and the handling of a security alert from a vessel or mobile offshore unit. The operational team should preserve the alert and record every instruction. It should coordinate the legal response with the approved ship and port security plans.

Ship arrest, release and security: what Vietnam maritime lawyers do first

Ship arrest has immediate commercial consequences. Vietnam maritime lawyers must therefore review the legal basis, target vessel and security proposal carefully. Article 129 of Consolidated Maritime Code No 52/VBHN-VPQH defines arrest. It covers a court decision that prevents or restricts a vessel’s movement for a maritime claim, interim measure, civil enforcement or judicial assistance. Article 130 identifies the competent court. This may include the regional court for the port where the vessel operates or a court connected with pending proceedings.

An arrest application is not risk-free. Article 131 makes the applicant responsible for loss caused by an improper request. In addition, Article 132 permits the court to require financial security. Article 134 requires supporting documents and evidence. The applicant must translate foreign-language material into Vietnamese, and applicable rules may require legalisation of foreign official documents. Articles 139-140 identify maritime claims and the conditions in which a particular vessel may be arrested. Article 141 states the arrest period for securing a maritime claim. Continued arrest depends on timely court or arbitration proceedings.

For release, Articles 137 and 142 address substitute security, payment, cancellation of the arrest decision and other grounds. So you assess the proposed security against the claim, the court order, the contractual forum and the expected enforcement route. Owners and P&I interests should prepare ownership, chartering, class and insurance records. They also need the demand and a workable form of security. Claimants should test the identity of the liable party and the vessel before filing.

Cargo claims and bills of lading Vietnam maritime lawyers handle

For Vietnam maritime lawyers, a cargo claim starts with the transport documents and the physical evidence. Articles 145-148 of Consolidated Maritime Code No 52/VBHN-VPQH define contracts for carriage of goods by sea. They distinguish forms of carriage and identify the relevant transport documents. Article 148 gives a bill of lading three functions. It evidences receipt and the carriage contract, and it enables dealings with and receipt of the goods. Article 160 lists required bill-of-lading particulars, while Articles 159-164 address issuance, statements, transfer and related documents.

Liability then depends on the relevant period and the cause of loss. Article 150 requires due diligence before and at the beginning of the voyage. The carrier must make the vessel seaworthy, properly manned and suitably equipped. Cargo spaces must also be fit for the goods. Articles 151-153 address defences, limits and loss of the right to limit. The claimant still needs evidence of the cargo’s condition, quantity and value. Other key facts include the damage point, apparent cause, carrier identity and recoverable loss.

Notice and limitation cannot be left until negotiation fails. Article 169 provides a one-year limitation period for cargo loss or damage claims. Time runs from delivery or the date when delivery should have occurred. Article 174 addresses survey and written notice. Its written-notice period for damage that is not externally apparent is short. A consignee should promptly arrange a joint or independent survey. It should preserve packaging, temperature and handling records. A reservation or claim notice should not wait for a final quantum.

Charterparty, hire, freight and operational disputes

Vietnam maritime lawyers analyse charter disputes as a sequence rather than one clause. The sequence covers the vessel description, delivery, readiness and safe port or berth obligations. It may continue through laytime, demurrage, off-hire, deviation, bunkers, performance, redelivery and termination. The factual chronology should be matched to the charterparty and every incorporated rider, recap and standard form. A bill-of-lading claim may also interact with the charterparty without giving every bill-of-lading holder the same contractual position.

Articles 220-228 of Consolidated Maritime Code No 52/VBHN-VPQH govern time charter, including the owner’s delivery and maintenance obligations, the charterer’s use and payment obligations, late redelivery and termination. Articles 229-234 govern bareboat charter and hire-purchase arrangements. Voyage-carriage issues are dealt with in Articles 175-187, including loading, notice of readiness, laytime-related matters, route and delivery. The applicable contract language remains critical because Article 5 allows substantial contractual freedom unless the Code restricts it.

Commercial remedies may also engage Consolidated Commercial Law No 113/VBHN-VPQH dated 27 August 2025. Articles 294-295 concern exemptions from liability and notice. Articles 300-307 cover penalties, compensation, proof of loss, mitigation and late-payment interest. Article 319 gives the general commercial limitation rule, subject to specialist rules. A maritime specialist provision such as Article 169 of the Maritime Code may displace the general period for the claim it governs. The first review should therefore produce a claim-by-claim limitation table.

Marine insurance, hull, cargo and P&I matters

Coverage work begins with the actual policy, certificate, endorsements, incorporated clauses and placement communications. Review the casualty evidence and notices against the insured peril, exclusions, deductibles and warranties. The review also covers disclosure, mitigation, survey arrangements, subrogation and the dispute clause. The underlying liability and the insurance response are related, but they are not the same question.

Articles 303-307 of Consolidated Maritime Code No 52/VBHN-VPQH define marine insurance, insurable subject matter and interest, reinsurance, and the policy or certificate. Articles 308 and 320-321 concern the insured’s duties, increased risk and conduct after a loss. Reimbursement, indemnity, exclusions, subrogation, pursuit of third parties and general-average security are covered by Articles 322-328. Article 335 concerns handling compensation, and Article 336 provides the limitation rule for claims connected with a marine insurance contract.

Early coordination avoids prejudice. The insured may need to protect a carrier claim while presenting a coverage claim. The insurer may need evidence and control over recovery steps. A P&I club may also need to consider security for release of a vessel. UniLaw’s Vietnam insurance practice addresses the policy and claims aspects that overlap with the maritime file.

Ship registration, mortgage, sale and purchase

A ship transaction requires alignment between title, registry, class, flag, corporate authority, financing documents and physical delivery. Articles 20-26 of Consolidated Maritime Code No 52/VBHN-VPQH govern conditions and records for Vietnamese ship registration and deletion. Articles 36-39 address transfer of ownership and ship mortgages, including the written form and registration of a Vietnamese ship mortgage.

Consolidated Decree No 18/VBHN-BXD dated 15 October 2025 supplies the current procedural detail and incorporates Decree No 171/2016/ND-CP as amended by Decrees No 86/2020/ND-CP and 247/2025/ND-CP. Article 9 addresses permanent registration, Article 15 changed particulars and Article 20 deletion. Article 21 states the current principles for purchase, sale and construction, while Article 29 governs customs procedures for ship export and import. Articles 22-28 have been repealed and should not be used. Due diligence should verify the registry extract, ownership chain, mortgages and encumbrances. It should also cover corporate approvals, class status, casualty history, insurance, charges, delivery documents and the payment and security-release method.

The memorandum of agreement should allocate vessel condition, inspection rights and documentary closing requirements. It should also address risk, delivery, defaults, cancellation, dispute resolution, deletion and re-registration. A lender’s security package should be checked against the registry requirements and the governing law of related finance documents.

Retained cargo, port charges and customs controls

Uncollected or refused cargo creates overlapping contractual, maritime, customs and storage issues. Article 167 of Consolidated Maritime Code No 52/VBHN-VPQH allows the carrier, in stated circumstances, to discharge and place cargo in a safe and suitable location and to notify the shipper. Decree No 169/2016/ND-CP provides the detailed regime. Articles 4-5 address the carrier’s right to retain cargo for debts. Next, Articles 6-10 cover notice, customs steps, valuation and auction. Articles 11-14 cover special handling, distribution and surplus proceeds.

Price and surcharge transparency is governed separately. Articles 5-8 of Decree No 146/2016/ND-CP address published sea-carriage prices, surcharges and port-service prices. They also address the rights and duties of providers and customers. Test a dispute over detention, demurrage, storage or local charges against the contract and published tariff. Then check the invoices, notices, causation and the party that controlled cargo release.

Consolidated Customs Law No 54/VBHN-VPQH dated 23 March 2026 also matters. Articles 21-24 govern customs procedure, location, time limits and dossiers. Articles 64 and 69-72 address supervised goods and vessels, declarations, cargo handling and responsibilities at an international seaport. No party should arrange disposal, movement or repacking of controlled cargo without checking the necessary customs approval.

Vietnamese courts, arbitration and urgent measures

Vietnam maritime lawyers cannot choose the forum after a dispute simply because one party prefers it. First, check whether the contract contains an effective arbitration or court clause. Then identify any mandatory jurisdiction or arrest rule. Articles 338-339 of Consolidated Maritime Code No 52/VBHN-VPQH recognise negotiation, agreement and dispute resolution and address matters with a foreign party. Article 5 of the Code is particularly relevant to foreign-law and foreign-forum clauses.

Consolidated Commercial Arbitration Law No 60/VBHN-VPQH dated 15 August 2025 provides at Article 5 that arbitration requires an arbitration agreement. Article 16 requires the agreement to be in writing and recognises specified electronic and documentary forms. Moreover, Article 33 gives a two-year limitation period unless a specialist law provides otherwise. Article 49 empowers an arbitral tribunal to order listed interim measures. The wording, seat, institution, number of arbitrators, language and governing law should all be checked before proceedings begin.

For court proceedings, Consolidated Civil Procedure Code No 21/VBHN-VPQH dated 12 February 2026 governs the litigation framework. Articles 30, 35, 37 and 39 address commercial disputes and subject-matter or territorial jurisdiction under the current court structure. In turn, Articles 111-114 govern requests for interim measures. Articles 469-472 address Vietnamese jurisdiction in foreign-element cases and the effect of arbitration or foreign-court agreements. Ship arrest also remains subject to the specialist provisions of the Maritime Code. A procedural plan should state the substantive claim, the selected forum, the urgent relief, the security sought and the enforcement destination.

The evidence and limitation checklist Vietnam maritime lawyers run

Maritime evidence is dispersed across commercial and technical systems. A useful preservation request identifies documents rather than asking for “all records.” Depending on the file, the list may include:

• the signed contract, recap, riders, incorporated terms, bills of lading, sea waybills and delivery orders;
• notices of readiness, statements of facts, port logs, time sheets, stowage plans and cargo manifests;
• survey reports, photographs, samples, seals, temperature records and warehouse or terminal receipts;
• deck, engine and official logbooks, voyage data, charts, communications and casualty reports;
• policy, certificate, endorsements, notices to insurers, adjuster correspondence and security documents;
• registry, mortgage, class, flag and ownership records;
• invoices, payment records and calculations for physical loss, delay, hire, freight, storage or mitigation; and
• a dated chronology showing delivery, discovery of loss, notice, survey, demand and every procedural step.

Calculate each deadline separately

The limitation table must be claim-specific. Maritime Code examples include Articles 169, 241, 246 and 274 for cargo, agency, brokerage and salvage claims. Articles 290, 297 and 336 address collision, general average and marine insurance. Arbitration Law Article 33 and Commercial Law Article 319 provide general rules that may yield to a specialist period. Contractual notice bars may operate even earlier. A party should preserve all potentially applicable deadlines until the legal classification is settled.

Maritime law research map

The Vietnam maritime law library contains commentary and service-focused guides. The most used are cargo claims: time limits and liability, ship arrest: grounds, procedure and release, vessel detention, delivery without a bill of lading, marine insurance, ship registration, flag and mortgage, seafarer wages and liens and recognition of a foreign arbitral award. Readers comparing counsel may begin with how to assess a maritime law firm.

Where a maritime matter meets another practice

A cargo or charter dispute rarely stays inside maritime law alone. For the contractual side, use the commercial contract law library. For coverage and recovery, use the insurance law library. For ownership, financing or a shipping investment, see the investment law library.

UniLaw also maintains a Vietnamese judgment and decision database. Its materials should be read as Vietnamese-language source documents. A judgment becomes relevant only after counsel checks the court, procedural level, legal relationship, facts and operative decision. A keyword match alone is insufficient.

Other expertise you may find relevant

• Vietnam real estate lawyers — port land, terminal sites and waterfront leases.
• Buying or selling a shipping or logistics company? See Vietnam M&A lawyers.
• On the owning entity and its governance, see Vietnam corporate lawyers.

How UniLaw handles a maritime instruction

UniLaw’s Vietnam maritime lawyers start with a conflict check and a defined document review. UniLaw identifies the parties, vessel, cargo or policy, legal relationships, governing-law and forum clauses, urgent relief and deadlines. The initial output tells the client what is known and what remains unproved. It also identifies evidence at risk and the first required decision.

The second stage is a written action plan. For a casualty or arrest, it may cover survey, authorities, security and proceedings. A cargo or charter claim may require work on notice, liability, quantum, negotiation and the chosen forum. For a transaction, it may cover due diligence, drafting, closing and registry steps. UniLaw agrees the scope and professional charges before work begins. Where relevant, it identifies court, arbitration, survey, translation and official expenses separately. A generic published figure could mislead a client about a particular file.

The firm works through its offices in Hanoi, Ho Chi Minh City and Nha Trang. Foreign owners, insurers and law firms may instruct UniLaw directly or alongside existing international counsel. English and Vietnamese documents are organised so that the client can see the legal basis and the next operational step.

Request an initial maritime case assessment

For a live matter, send Vietnam maritime lawyers the key contract or policy and the latest written demand. Include vessel and voyage details, a short chronology, the amount or security claimed, and the next known deadline. Do not delay an urgent notice or evidence-preservation step while assembling a perfect file. UniLaw can first identify the minimum material required for an informed response.

Use the contact page to request an assessment by a Vietnam maritime lawyer. You can also review UniLaw’s legal services in Vietnam and the firm’s lawyer profiles. No web page can determine liability, coverage or the correct forum without examining the operative documents and facts.

Every note we publish on Vietnam maritime law is collected in one archive, newest first.