REGULATION ON THE SEAWORTHINESS IN CARRIAGE OF GOODS BY SEA: LEGAL HARMONIZATION BETWEEN VIETNAMESE MARITIME LAW AND THE INTERNATIONAL MARITIME LAW

Abstract

The duty to provide a seaworthy ship is the pioneer obligation of the carrier, according to article 150 of the Vietnamese Maritime Code 2015, as well as the same stipulations in Hague-Visby Rules and Rotterdam Rules. Following strictly the evolution of maritime industry throughout approx-imately 200 years, the seaworthiness doctrine has had remarkable evolution. Under the circum-stances, the Vietnamese maritime law, the international maritime law had many important regulations concerning the seaworthiness in the respect of legal harmonization from national standard to international standard. This article aims to clarify the harmonized regulation relating to the seaworthiness, especially, which is served for human safety, totality of goods, maritime safety, risk managements, the fundamental objectives of seaworthiness duty.