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DECLARATIONS 

LODGED BY THE SOCIALIST REPUBLIC OF VIET NAM UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION IN RESPECT THEREOF 

 

 

[The declarations under Articles 39(1)(a), 39(1)(b), 40, 53 and 54(2), deposited on 17 September 2014, entered into force on 1 January 2015] 

 

 

General declaration under Article 39(1)(a)

 

The Socialist Republic of Viet Nam declares that all categories of non-consensual right or interest which under its law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether in or outside insolvency proceedings and whether registered before or after the Socialist Republic of Viet Nam’s accession. 

 

 

General declaration under Article 39(1)(b) 

 

The Socialist Republic of Viet Nam declares that nothing in the Convention shall affect its right or that of any State entity, any intergovernmental Organisation or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to it or to any such State entity, Organisation or provider directly relating to the services provided by it in respect of that object or another object. 

 

 

Declarations under Article 40 

 

The Socialist Republic of Viet Nam declares that the following non-consensual rights or interests: the right of a person who has obtained a court order to arrest or detain an aircraft object in partial or in full to satisfy a court’s judgment, and the right to arrest or detain an object or any other rights of any State entity under its national laws in relation to a payment of unpaid amounts of taxes or fees owed to it shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. 

 

 

Declaration under Article 53

 

The Socialist Republic of Viet Nam declares that the People’s Court at Provincial level are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention. 

 

 

Mandatory declaration under Article 54(2) applicable to all relevant remedies

 

The Socialist Republic of Viet Nam declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and leave of the court.

 

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Declarations lodged by the Socialist Republic of Viet Nam under the Aircraft Protocol

 

 

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