Luật Biển Việt Nam 2012 số 18/2012/QH13

LAW

ON VIETNAMESE SEA

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Vietnamese sea,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides on the baseline, the internal waters, territorial waters, the contiguous zone, the exclusive economic zones, continental shelf, islands, the Hoang Sa (Paracel) archipelago, the Truong Sa (Spratly) archipelago and other archipelagoes under Vietnam’s sovereignty, sovereign right and national jurisdiction; operation in seas of Vietnam; development of sea economy; management and protection of sea, islands.

Article 2. Application of law

1. When this Law and another law provide differently for the same issue related to sovereignty, legal regime of Vietnam sea areas, the provisions of this Law shall apply.

2. When a treaty to which Vietnam is a contracting party contains provisions different from those of this Law, the provisions of that treaty shall apply.

Article 3. Interpretation of terms

In this Law, the following terms may be construed as follows:

1. Vietnam Seas includes the internal waters, territorial waters, the contiguous zone, the exclusive economic zones and continental shelf being under Vietnam’s sovereignty, sovereign right and national jurisdiction, being defined under the Vietnam’s law, international treaties on territorial border of which the Socialist Republic of Vietnam is a member and in conformity with The United Nations' Convention on the Law of the Sea in 1982.

2. International seas are all seas outside of exclusive economic zones of Vietnam and other nations, but exclusive of sea beds and underground areas under the sea beds.

3. Vessels are means operating on the surface of water or under the surface of water including boats, ships and other means with motor or without motor.

4. Warships mean vessels of armed forces of a nation and bring outside sign showing clearly the nationality of its nation, under the command of an officer duly commissioned by the Government of the state and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline.

5. Vessels on official dutys are special-use vessels for implementation of official work of the State, not for commercial purposes

6. Resources include biological resources and non-biological resources belonging to the waters, sea beds and land under sea beds.

7. Isobath means a line connecting points at the same depth of the sea.

Article 4. Principle of sea management and protection

1. Sea management and protection are implemented in unification as prescribed by Vietnamese law, in conformity with the Charter of the United Nations and other International treaties of which the Socialist Republic of Vietnam is a member.

2. Agencies, organizations and all Vietnamese citizens are responsible for protection of sovereignty, sovereign right and national jurisdiction on seas, islands and archipelagoes, protection of resources and sea environment.

3. The State settles disputes relating to seas, islands with other nations by peaceful measure, complying with the United Nations' Convention on the Law of the Sea in 1982, international law and practice.

Article 5. Policy of sea management and protection

1. Promoting the power of nation and implementing necessary measure to protect sovereignty, sovereign right and national jurisdiction on seas, islands and archipelagoes, protect resources and sea environment, develop sea economy.

2. Constructing and implementing strategy, planning, plans on management, use, exploit, unshakeable protect sea, islands and archipelagoes,servicing target on construction, development of economy - society, national defense, security.

3. Encouraging organizations, individuals to invest labor, material, capital money for and apply scientific and technological achievement into use, exploit, development of sea economy, protection resources and sea environment, unshakeable development of seas suitable with conditions of each sea area and assurance for requirement of National defense and security; strengthening informing, popularizing on potential, policy, law on sea

4. Encouraging and protecting fishery activities of fishermen on seas, protection of activities of organizations, Vietnamese citizens outside of Vietnam’s seas in conformity with international treaties of which the Socialist Republic of Vietnam is a member, international law, relevant law of coastal nations.

5. Investing for assurance of operation of force in charge of , control on the sea, upfrading logistics facilities servicing for activities on the sea, islands and archipelagoes, developing sea manpower.

6. Implementing policies having priority to people living on islands and archipelagoes; preferential regime for forces participating in management and protection of seas, islands and archipelagoes.

Article 6. International cooperation regarding to sea

1. The State boosts International cooperation regarding to sea with nations, international organizations and zones on the basis of international law, respect for independence, sovereignty and equality, mutual benefit of parties

2. The content of international cooperation regarding to sea includes:

a) Investigating, studying on sea,ocean; applying science, technique and technology;

b) Responding to climate change, prevention and warning natural disaster;

c) Protection of sea

d) Preventing sea environment pollution; processing waste from sea economy operation, responding to oil spill malfunction;

dd) Search and rescue at sea;

e) Prevention, fighting of crimes at sea;

g) Sustainable exploit of sea resources, development of sea tourist.

Article 7. The state management of sea

1. The Government uniformly manages for sea within nationwide.

2. The ministries, ministerial-level agencies, People’s Committee of coastal provincies, centrally-affiliated cities within their duities, powers implement the state management for sea.

Chapter II

VIETNAMESE SEAS

Article 8. Defining baselines

The baselines for measuring the width of territorial waters of Vietnam are the straight baselines announced by the Government. The Government defines and announces baselines in areas where not having baselines after approved by the Standing Committee National Assembly.

Article 9. The internal waters

The internal waters are waters contiguous with coast, inside of baseline and being a part of Vietnam’s territorial

Article 10. Legal status of the internal waters

The State exercises the sovereignty completely, absolutely and fully with respect to internal waters as on the mainland territories.

Article 11. The territorial waters

The territorial waters are seas with the breadth 12 nautical miles, measured from baselines to sea

The outer limits of territorial waters are national borders at sea of Vietnam.

Article 12. Legal status of the territorial waters

1. The state exercise the sovereignty fully and completely for territorial waters and air space, sea beds and subsoil of territorial waters in conformity with the United Nations' Convention on the Law of the Sea in 1982

2. Vessels of all countries are enjoyed right of innocent passage in Vietnam’s territorial waters. For foreign warships, when they execute right of innocent passage in Vietnam’s territorial waters, they must have advance notice to competent agencies of Vietnam.

3. The innocent passage of foreign vessels must be implement on the basis of respect of peace, independence, sovereignty, law of Vietnam and International treaties of which the Socialist Republic of Vietnam is a member.

4. The foreign aircrafts are not permotted to enter air space over territorial waters of Vietnam, except for agreement of The Government of Vietnam or implementation under international treaties of which the Socialist Republic of Vietnam is a member.

5. The state has sovereignty for all types of archaeological and historical objects founded in territorial waters of Vietnam.

Article 13. The zone being contiguous to territorial sea

The zone being contiguous to territorial sea is adjacent sea area, with the breadth of 12 nautical miles measured from the outer limits of the territorial waters.

Article 14. Legal status of the zone being contiguous to territorial sea

1. The State implements right of sovereignty, national jurisdiction and other rights specified in Article 16 of this Law relating to the zone being contiguous to territorial sea.

2. The state controls zone being contiguous to territorial sea to prevent and punish acts violating law on customs, tax, health, entry and exit happening in the territory or territorial waters of Vietnam.

Article 15. The exclusive economic zones

The exclusive economic zones are adjacent sea zones and outside of Vietnam’s territorial sea, which combine with territorial waters into a sea area with the breadth of 200 nautical miles measured from baselines.

Article 16. Legal status of the exclusive economic zones

1. In exclusive economic zones, the state performs:

a) The right of sovereignty relating to exploration, exploitation, management and conservation of resources in water areas over sea beds, sea beds and underground areas under the sea beds; regarding to other activities to explore and exploit this area for economic purpose;

b) The national jurisdiction on install and use artificial islands, equipment and works on sea; study on sea science, protection and conservation of sea environment;

c) Other rights and obligations in conformity with international law.

2. The state respects to the freedom on aviation and maritime; right to put underground cables, pipes and operations using sea legally of other countries in the exclusive economic zones of Vietnam under this law and International treaties of which the Socialist Republic of Vietnam is a member, being not prejudicial to right of sovereignty, national jurisdiction and national benefits at sea of Vietnam.

The install of cables and underground pipes must have acceptance in writing of competent state agencies of Vietnam.

3. The foreign organizations and individuals are entitled to participate in exploration, use, exploitation of resources, scientific study, install of equipment and works in exclusive economic zones of Vietnam on the grounds of international treaties of which the Socialist Republic of Vietnam is a member, contracts signed under provisions of Vietnam’s law or permission of the Vietnam’s Government, in conformity with relevant international law.

4. Rights related to sea beds and subsoil under sea beds specified in this Article are implemented as prescribed in Article 17 and Article 18 of this Law.

Article 17. The continental shelves

The continental shelves comprise the sea bed and subsoil under sea beds that extend beyond Vietnam’s territorial sea, on entire of the natural prolongation part of land territory, islands and archipelagoes of Vietnam to the outer edge of the continental margin.

In case the outer edge of this continental margin to a distance of 200 nautical miles from the baselines, The continental shelves thereof shall be prolonged to 200 nautical miles measured from the baselines.

In case the outer edge of this continental margin to a distance of over 200 nautical miles from the baselines, The continental shelves thereof shall be prolonged to not exceed 350 nautical miles measured from the baselines or not exceed 100 nautical miles measured from the 2,500 metre isobath.

Article 18. Legal status of the continental shelves

1. The state exercises right of sovereignty for continental shelves regard of exploration, exploitation of resources.

2. The right of sovereignty specified in clause 1 of this Article is exclusive in the sense that no one may undertake explore the continental shelf or exploit its natural resources without the express consent of the Government of Vietnam.

3. The State is entitled to explore subsoil under sea beds, allows and provides drilling aiming to any purpose at continental shelves.

4. The state respects to right to put underground cables, pipes and other operations using sea legally of other countries at continental shelves of Vietnam under this law and International treaties of which the Socialist Republic of Vietnam is a member, being not prejudicial to right of sovereignty, national jurisdiction and national benefits at sea of Vietnam.

The install of cables and underground pipes must have acceptance in writing of competent state agencies of Vietnam.

5. The foreign organizations and individuals are entitled to participate in exploration, use, exploitation of resources, scientific study, install of equipment and works in continental shelves of Vietnam on the grounds of international treaties of which the Socialist Republic of Vietnam is a member, contracts signed under provisions of Vietnam’s law or permission of the Vietnam’s Government.

Article 19. Islands and archipelagoes

1. Island is a naturally formed area of land, surrounded by water, which is above water at high tide.

Archipelagoes means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated.

2. Islands and archipelagoes under Vietnam’s sovereignty are an integral part of Vietnam’s territory.

Article 20. The internal waters, territorial waters, the contiguous zone of territorial waters, the exclusive economic zones and continental shelf of Islands and archipelagoes

1. Islands which sustain human habitation or economic life of their own shall have internal waters, territorial waters, contiguous zone of territorial waters, the exclusive economic zones and continental shelf.

2. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.

3. The internal waters, territorial waters, the contiguous zone of territorial waters, the exclusive economic zones and continental shelf of Islands and archipelagoes are defined under provisions in Article 9, 11, 13, 15 and 17 of this Law and presented by charts, lists of geographical coordinates announced by the Government

Article 21. Legal status of the islands and archipelagoes

1. The State exercises the sovereignty on islands and archipelagoes of Vietnam.

2. Legal status for the internal waters, territorial waters, the contiguous zone of territorial waters, the exclusive economic zones and continental shelf of islands and archipelagoes are conducted under provisions in Article 10, 12, 14, 16 and 18 of this Law.

Chapter III

OPERATION IN VIETNAMESE SEAS

Article 22. General provision

1. Organizations, individuals operating in seas of Vietnam must respect to sovereignty,

2. The state respects and makes protection to lawful rights and interests of vessles, organizations, and individuals operate in Vietnam’s sea areas in conformity with provisions of Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a member.

Article 23. Innocent passage in territorial waters

1. Passage of territorial waters is passage in Vietnam’s territorial waters by foreign vessels aiming to one of the following purposes:

a) Traversing that sea without entering internal waters of Vietnam or mooring at a port facility, harbor, shelter outside internal waters of Vietnam;

b) Going into or leaving from internal waters of Vietnam or mooring or leaving from a port facility, harbor, shelters outside internal waters of Vietnam;

2. Passage shall be continuous and expeditious, except for meeting maritime accidents, force majeure cases or distress or for the purpose of salvage and assistance to persons, ships or aircraft in distress.

3. Innocent passage in territorial waters shall not prejudicial to peace, National defense and security of Vietnam, safety and order at sea.

Passage in territorial waters by foreign vessels shall be considered to be prejudicial to peace, National defense and security of Vietnam, social safety and order if such vessels commit any of the following acts:

a) Any threat or use of force against the independence, sovereignty and territorial integrity of Vietnam;

b) Any threat or use of force against the independence, sovereignty and territorial integrity of orther nations; or in any other manner in violation of the basic principles of international law embodied in the Charter of the United Nations;

c) Any exercise or practice with weapons of any kind, any form;

d) Any act aimed at collecting information to the prejudice of the defence or security of Vietnam;

dd) Any act of propaganda aimed at affecting the defence or security of Vietnam;

e) The launching, landing or taking on board of any aircraft;

g) The launching, landing or taking on board of any military device;

h) The loading or unloading of any commodity, currency or person contrary to the customs, tax, immigration or health laws of Vietnam;

i) Any act of sea environment wilful and serious pollution;

k) Any illegal fishing activities;

l) The carrying out of illegal research or investigation, exploration activities;

m) Any act aimed at interfering with any systems of communication or any other facilities or installations of Vietnam;

n) Any other activity not related directly to passage.

Article 24. Obligation upon performing right of innocent passage

1. Upon performing right of innocent passage in territorial waters of Vietnam, foreign organizations and individuals have obligation to obey provisions of Vietnamese law in regard of following contents:

a) the safety of navigation and the regulation of maritime traffic, maritime lanes and traffic separation;

b) protection equipment and marine assurance system, equipment or other works;

c) protection of cables and pipes;

d) Conservation of sea biological resources;

dd) Activities of fishing, exploiting and aquaculture;

e) Preservation of sea environment, prevention, mitigation and control of environmental pollution;

g) the study of the marine science and hydrologic measurement;

h) Customs, tax, health, immigration.

2. The captain of foreign nuclear-powered vessels or vessels carrying nuclear or other inherently dangerous or noxious substances, when go in territorial waters of Vietnam have the following obligations:

a) carrying fully technique documents relating to vessels and commodity on board, documents on compulsory civil duty insurance;

b) Preparing to supply for competent state agencies of Vietnam all documents relating to technique factor of as vessels as commodity on board;

Implementing sufficiently special precautionary measures established for such ships rightly in according to the Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a member.

d) Obeying decision of competent agencies of Vietnam in regard of applying special precautionary measures, inclusive of ban for passing territorial waters of Vietnam or force leaving from territorial waters of Vietnam immediately in case clearly denote of proof of believed to have ability of leakage or environmental pollution.

Article 25. Maritime lanes and traffic seperation in territorial waters servicing for innocent passage

1. The Government provides on announcement of maritime lanes and traffic seperation in territorial waters servicing for innocent passage aiming to ensure maritime safety.

2. The foreign oil-carrying vessels or foreign nuclear-powered vessels or vessels carrying nuclear or other inherently dangerous or noxious substances, when conduct innocient passage in territorial waters of Vietnam may be forced to use sea lanes specified for each case.

Article 26. Zones being prohibited and restrained for operation in territorial waters

1. For protection of sovereignty, National defense and security and national benefits of maritime safety, protection of resources, sea ecology, fighting environmental pollution, overcoming accident, disaster of sea environment, preventation of epidemics spreading, the Government sets up temporary prohibited areas or areas restrained for operation in territorial waters of Vietnam.

2. Setting up temporary prohibited areas or areas restrained for operation in territorial waters of Vietnam as prescribed in clause 1 of this Article must be informed widely in country and international by "Maritime announcement", under international custom, at least 15 days before applying or informed as soon as applying in emergency cases.

Article 27. The foreign warships and ships on official duty coming Vietnam

1. Foreign warships and vessels on official duty only enter internal waters, anchor at a port facility, harbor or shelter in internal waters or port facility, harbor or shelter of Vietnam outside of Vietnam’s internal waters at the invitation of the Government of Vietnam or under agreement between competent agencies of Vietnam with country of which ships flag.

2. When foreign warships or vessels on official duty are staying in internal waters, port, harbor or shelter in internal waters or port facility, harbor or shelter of Vietnam outside of Vietnam’s internal waters must comply with this Law and other provisions of relevant law of Vietnam, except for International treaties of which the Socialist Republic of Vietnam is a member contains provisions different from and their operation must execute in conformity with the invitation of the Government of Vietnam or agreement with competent agencies of Vietnam.

Article 28. Responsibility of foreign warships and ships on official duty in seas of Vietnam

When the foreign warships operate in seas of Vietnam and have acts violating law of Vietnam, Sea Patrol and Control Forces of Vietnam are entitled to request such vessels stop immediately violations, leave from territorial waters of Vietnam if they are staying in territorial waters of Vietnam. The violating vessels must obey requests, orders of Sea Patrol and Control Forces of Vietnam.

If foreign warships, ships on official duty operate in seas of Vietnam, have acts violating law of Vietnam of relevant international law, the country of which such ships hang flag shall bear responsibility for al loss, damages to Vietnam be caused by such vessels.

Article 29. Operation of foreign submarines and other underground-running means in internal waters and territorial waters of Vietnam

In internal waters, territorial waters of Vietnam, foreign submarines and other underground-running means must operate in the floating state and hang national flag, except for having permission of the Government of Vietnam or under agreement between the Government of Vietnam and the Government of nation of which flag hanged on board.

Article 30. The Criminal jurisdiction on board a foreign ship

1. Within duties, powers, the Sea Patrol and Control Forces of Vietnamis entitled to execute measures to catch persons, investigate crimes happening on foreign ship as soon as leaving internal waters and entering territorial waters of Vietnam.

2. For crimes happening on foreign ships being in territorial waters of Vietnam but it is not as soon as ship leaving from internal waters of Vietnam, the Sea Patrol and Control Forces still is entitled to catch persons, investigate in the following cases.

a) Result of crimes affecting to Vietnam.

b) Acts of crime have nature of sabotage to peace of Vietnam or the order in territorial waters of Vietnam;

c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State;

d) For preventing act of trading in people, illegally trading in, stockpiling, transporting narcotics.

3. The Sea Patrol and Control Force is not entitled to execute any measure on foreign ships being in territorial waters of Vietnam to catch person or investigate crime which occurred before such ships entering in territorial waters of Vietnam if those ships start from a foreign port and just go in territorial waters but not enter in internal waters of Vietnam, except for neccessary to prevent, limit sea environmental pollution or to execute national jurisdiction specified in point b, clause 1, Article 16 of this Law.

4. Criminal procedures measures must be implemented in conformity with Vietnamese law and International treaties of which the Socialist Republic of Vietnam is a member.

Article 31. The civil jurisdiction with respect to foreign ships

1. The Sea Patrol and Control Force is not entitled to force foreign ships going in territorial waters stop or change their route just only for executing civil jurisdiction in relating to an individual being on that ship.

2. The Sea Patrol and Control Force is not entitled to execute measures of civil catching or handling with respect to foreign ships going in seas of Vietnam, exclusive of internal waters, except implementation of these measures relate to obligations commited or civil responsibility which ships must undertake while passing or for being allowed for passing the seas of Vietnam.

3. The Sea Patrol and Control Force may apply measures of catching or handling foreign ships for purpose of civil jurisdiction if that ship anchoring in territorial waters or passing territorial waters after leaving from internal waters of Vietnam.

Article 32. Information and communications in ports, harbors or shelters of Vietnam

Organizations, individuals and vessels upon being in ports, harbors or shelters in internal waters or ports, harbors or shelters facilities of Vietnam outside of internal waters of Vietnam only permit to execute information and communications in according to provisions of Vietnamese law and relevant international law.

Article 33. Search, rescue and salvage

1. If persons, vessels or aircrafts in danger or distress at the sea need help, they must send SOS signals as prescribed and upon having condition, must notice immediately to Marine Port Authorities or the Vietnam maritime search and rescue co – ordination center or local authorities where is nearest for necessary help, guidance.

2. When realize situation of persons, vessels in danger or distress or when receive SOS signals of persons, vessels in danger or distress need be rescued, all other individuals, vessels must, by any way if practical conditions allow and without dangerous for their persons and vessels and timely inform to relevant individuals or organizations.

3. The state ensure the necessary help as prescribed by Vietnamese law and relevant international law and on the humane spirit for persons and vessels in danger, distress at sea may promptly be searched, rescued, remedied consequences.

4. In internal waters, territorial waters of Vietnam, the State have special right for implementation of activities on searching, rescuing, salvaging persons, and vessels in danger or distress needing help.

5. The authority forces have right to mobilize individuals, Vessels operating in seas of Vietnam to participate in searching, rescuing if practical conditions allow and without dangerous for their persons and vessels.

Mobilization and requirement specified in this clause are only performed in emergency cases and only in necessary time in order to implement tasks of rescue and searching

6. Maritime rescue is implemented on the grounds of contracts of Maritime rescue under agreement between ship owner or captain of ships participating in rescue with ship owner or captain of ships in distress, in conformity with provisions of Vietnamese law and relevant international law.

7. Foreign vessels enter in seas of Vietnam to implement searching, rescue, remedying consequences of natural calamity, disaster at the proposal of competent agencies of Vietnam must comply with Vietnamese law and International treaties of which the Socialist Republic of Vietnam is a member.

Article 34. Artificial islands, equipment, facilities on sea

1. Artificial islands, equipment, facilities on sea including:

a) Drilling rigs on sea together entire of other auxiliary parts which ensure normal and consecutive operation of drilling rigs or special-use equipment to explore, exploit and use sea;

b) Types of maritime signals;

c) Other equipment, facilities be installed and used at sea.

2. The State has jurisdiction with respect to artificial islands, equipment, facilities on sea in exclusive economic zones and continental shelves of Vietnam, including jurisdiction under provisions of custom, tax, health, security, immigration law.

3. Artificial islands, equipment, facilities on sea and auxiliary or attached parts with the safety belt of 500 metre, measured from protruding-farthest point of such islands, equipment, facilities or parts, but not having territorial waters and particular sea area .

4. Neither constructing artificial islands, equipment, facilities on sea nor setting up security belt round artificial islands, equipment, facilities on sea at the place having risk causing obstacles for use maritime lines recognized as essential for international maritime.

5. When expire of usage, equipment, facilities on sea must be dismantled from seas of Vietnam, except for permission of competent agencies for remains of equipment, facilities on sea which have not yet dismantled completely due of technique reason or be allowed to prolong time limit, they must be informed clearly position, size, form, depth and must put conformity maritime dangerous and warning signals.

6. Information relating to setting up artificial islands, equipment, facilities on sea, making round security belt and dismantling a part or entire of equipment, facilities on sea must be supplied within 15 days before the day of beginning to set up or to dismantle thereof to competent state agencies of Vietnam and published widely in country and international.

Article 35. Preservation, protection of resources and sea environment

1. When operating in sea of Vietnam, vessels, organizations, individuals must comply with all law of Vietnam and international law relating to preservation, protection of resources and sea environment.

2. When transporting, loading or unloading of types of commodities, equipment having ability to cause harm for resources, human life and sea environment pollution, vessels, organizations, individuals must use equipment and the specialized-use measures as prescribed to prevent and mitigate damages may occur for people, resources and sea environment.

3. Vessels, organizations, individuals are not permitted to release out, sink or bury types of industrial waste, nuclear waster or other noxious waste in seas of Vietnam

4. Vessels, organizations, individuals violating provisions of Vietnamese law and relevant international treaties which affect to resources and sea environment in seas, seaports, harbors, or shelters of Vietnam shall be handled as prescribed by Vietnamese law and International treaties of which the Socialist Republic of Vietnam is a member; if causing damages, they must make the environment clean, remedied and compensation as prescribed by law.

5. Organizations, individuals operating at seas of Vietnam have obligation of paying tax, fees, charges and amounts contributing to protect sea environment as prescribed by Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a member.

Article 36. Studying on sea science

1. Foreign vessels, organizations, individuals that carry out studying science in seas of Vietnam, must have a permit of competent state agencies of Vietnam, bear supervision of Vietnamese party, ensuring to Vietnamese scientists be joined and must supply to Vietnam documents, original samples and the concerned study results.

2. When carry out activities of science studying in seas of Vietnam, vessels, organizations, individuals must comply with the following provisions:

a) With a peaceful purpose;

b) Being permitted to carry out by methods and means that is suitable and comply with provisions of Vietnamese law and relevant international law;

c) Do not cause obstacles for legal operation at sea as prescribed by Vietnamese law and relevant international law;

d) The Vietnam state is entitled to participate in activities of foreign science studying in seas of Vietnam and entitled to share documents, original samples, use and exploit scientific results being collected from such study and exploration.

Article 37. Provisions on banning in the exclusive economic zones and continental shelves of Vietnam

When exercise rights of maritime freedom, aviation freedom in exclusive economic zones and continental shelves of Vietnam, organizations, individuals are not permitted to execute the following activities:

1. Threaten sovereignty, national defense and security of Vietnam;

2. Illegally exploring biological resources, fishing seafood;

3. Illegally exploring flows, wind power and other non-biological resources;

4. Illegally constructing, installing, using equipment, artificial facilities;

5. Drilling, digging illegally;

6. Carrying out scientific studying illegally;

7. Causing sea environment pollution;

8. Sea-robbery, armed- robbery;

9. Other illegal ectivities as prescribed by Vietnamese law and international law.

Article 38. Prohibition of illegally stockpiling, use, trading in weapon, explosive, noxious substances

When operating in seas of Vietnam, vessels, organizations, individuals are not allowed for stockpiling, using, trading in illegally either weapon, explosive, noxious substances or other equipment, means which have ability to cause harm for human, resources and sea environment pollution.

Article 39. Prohibition of trading in people, illegally trading in, stockpiling, transporting narcotics

1. When operating in sea of Vietnam, vessels, organizations, individuals are prohibited for trading in people, illegally trading in, stockpiling, transporting narcotics.

2. When having grounds that vessels, organizations, individuals trading in people or illegally transporting, stockpiling, trading in narcotics, the Sea Patrol and Control Forces of Vietnam shall be entitled to search, inspect, arrest, escort to ports, harbors or shelters of Vietnam or escort, transfer to foreign ports, harbors or shelters as prescribed by Vietnamese law or International treaties of which the Socialist Republic of Vietnam is a member for handling.

Article 40. Prohibition of illegal broadcast

When operating in seas of Vietnam, vessels, organizations, individuals are prohibited for illegal broadcast or propagation causing harm to National defense and security of Vietnam.

Article 41. Right of hot pursuit regarding of foreign vessels

1. The Sea Patrol and Control Force has right to hot pursuit foreign vessels violating provisions of Vietnamese law if these vessels being in internal waters, territorial waters and contiguous zone of Vietnam’s territorial waters.

Right of hot pursuit is implemented after the Sea Patrol and Control Force has sent signal to request the violated vessels or vessels having signals of violating law stopping in order to inspect but these vessels did not execute. The hot pursuit may continue in the outer of limit of territorial waters or contiguous zone of Vietnam’s territorial waters if it is performed consecutively, uninterruptedly

2. The right of hot pursuit is applied to act violating right of sovereignty, national jurisdiction of Vietnam, violations in scope of safety belt and on artificial islands, equipment, facilities on sea in exclusive economic zones and continental shelves of Vietnam.

3. The hot pursuit of the Sea Patrol and Control Forces of Vietnam shall end when the pursuit vessels entering in territorial waters of another country.

Chapter IV

DEVELOPMENT OF SEA ECONOMY

Article 42. Principle of development of sea economy

Unshakable and effective development of sea economy under the following principles.

1. Servicing for construction and development of country's society and economy

2. Linking with

3. In conformity with requirement on resources management and sea environment protection.

4. Linking with socio-economic development of coastal and island localities

Article 43. Developing sea economy sectors

The State shall priority to focus in development of sea economy sectors as follows:

1. Searching, exploring, exploiting, and processing oil, gas and types of marine resources, minerals;

2. Marine transport, seaport, newly making and repair of vessels, sea-going devices and other maritime services;

3. Sea tourist and island economy;

4. Aquaculture, exploiting, processing seafood;

5. Develpoment, study, application and transfer of technology, science on exploiting and developing sea ecnomy;

6. Constructing and developing sea human resources.

Article 44. Planning on development of sea economy

1. Basis for making planning on development of sea economy including:

a) Strategy, overall planning on socio-economic development of whole country, the national strategy on environmental protection;

b) Oriention of the stragety on unshakeable development and sea stragety;

c) Characteristics, geography position, natural rule of seas, coastal areas and islands;

d) Results of investigation on sea resources and environment; the actual situation and estimated demand of exploration, use of resources and sea environmental protection of whole country, regions, coastal provinces, centrally-affiliated cities;

dd) Value of resources and vulnerable extent of sea environment;

e) Rsources for executing planning.

2. The content of planning on development of sea economy including:

a) Analysing, evaluating natural condition,socio-economic condition and present conditions of exploration, use of sea;

b) Defining direction, target and oriention of use resources resonablely and protection of sea environment;

c) Dividing zones using sea for purpose of socio-economic development, National defense and security; defining prohibited zones for exploitation, zones allowing exploration with condition, zones need be protected specially for purpose of National defense and security, protection of environment , preservation of the ecology and artificial islands, equipment, facilities on sea

d) Defining position, area and showing on map zones using sea surface, sea beds, islands;

dd) Defining particularly vulnerable coastal areas such as alluvial ground, coastal erosion, protection forests, wetlands, coastal sand, defining buffer area and having solution of suitable management, protection;

e) Solution and progress of planning execution

3. The Government formulates overall project on development of sea ecomony sectors specified in Article 43 of this Law and organizes making planning, plan on using sea of whole coutry to submit to National Assembly for consideration and decision.

Article 45. Constructing and developing sea economy

1. The state has policy on investment for, construction, development of the coastal economical zones, industrial clusters, economy of island districts under planning, ensuring for effectiveness and unshakeable development.

2. Assigning defined sea areas for organizations, individuals to explore, use sea resources shall be implemented as prescribed by Government.

Article 46. Encouraging, investment incentives for economic development in islands and operations at sea

1. The State priorities for investment in, construction of infrastructure, sea logistics network, economical development of coastal districts; has incentive policy to enhance material and spirit life of inhabitants living on islands.

2. The state encourages and has incentives on tax, capital, facilitate for organizations, individuals to invest, explore development potential and strengths on islands.

3. The state encourages and has incentives on tax, capital, facilitate for organizations, individuals to enhance fishery operation and other activities on seas, islands; protect activities of people on seas, islands

4. The Government details this article.

Chapter V

PATROL, CONTROL ON THE SEA

Article 47. The Sea Patrol and Control Forces

1. The Sea Patrol and Control Forces includes: forces with authority under the People's Army, People’s Public Security, other specialized Patrol and Control Forces.

2. The self-defense militia of coastal centrally-affiliated cities and provinces, safeguard of organizations, agencies placing in coastal and other forces shall participate in patrol, control on the sea when be mobilized by competent agencies.

Article 48. Task and scope of responsibility relating to patrol and control on sea

1. The Sea Patrol and Control Forces have the following task:

a) Protection of soforeignty, sovereign right and national jurisdiction and benefits on seas, islands of Vietnam;

b) Assurance of obeying Vietnamese law and International treaties of which the Socialist Republic of Vietnam is a member;

c) Protection of state assets, resources and sea environment;

d) Protecting, helping, serching, rescuing, salving persons,vessels operating on seas, islands of Vietnam;

dd) handling acts violating law on seas, islands of Vietnam as prescribed by Vietnamse law.

2. The scope of particular responsibility of the Sea Patrol and Control Forces shall be implemented under provisions of law.

3. The State ensures necessary conditions for Sea Patrol and Control Forces to finish assigned task.

Article 49. Flag, uniforms and badges

When executing task, vessels under the Sea Patrol and Control Forces must fully be equipped national flag of Vietnam, number sign, force flag; individuals under the Sea Patrol and Control Forces are equipped full military uniform, uniform of forces together with other typical signals as prescribed by law.

Chapter VI

HANDLING VIOLATION

Article 50. Escorting and place of handling violation

1. Basing on provisions of law, depend on nature and extent of violations, the Sea Patrol and Control Forces shall issue decision on handling violations on the spot or escort violating persons, vessels to enter mainland or request concerned agencies of nation of which the ship hang flag, nation where that ship arriving to handle violation.

2. When escorting enter mainland to handle, violating persons, vessels must be escorted to the nearest port, harbor or shelter listing in the list of ports, harbors or shelters announced by competent agency of Vietnam as prescribed by law.

If because of requirement on assurance of safety on life, assets of persons on board, the Sea Patrol and Control Forces may decide to escort such violating persons and vessels to the nearest foreign of Vietnamese port, harbor or shelter as prescribed by law.

Article 51. Preventive measures

1. Individuals have acts violating law may be arrested, held in custody, detained; vessels being used for implementation of violating acts may be impounded to prevent violation or to ensure handling under law.

2. The arrest, custody, detention for persons having acts violating law; custody of vessels are implemented as prescribed by law.

Article 52. Announcement for the Ministry of Foreign Affairs

When carrying out arrest, custody, detention for persons having acts violating law; custody of foreign vessels, the Sea Patrol and Control Forces or competent state agencies shall inform at right to the Ministry of Foreign Affairs for coordinated handling.

Article 53. Handling violation

Agencies, organizations, individuals have acts violating provisions of this Law shall, depend on nature and extent of violation, be disciplined, sanctioned of administrative violation, if causing damage, must pay compensation as prescribed by law; violating individuals may be prosecuted for criminal liability as prescribed by law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 54. Effects

This Law takes effect from January 01, 2013.

Article 55. Guiding implementation

The Government details and guides implementation of articles, clauses assigned in Law.

This Law was passed on June 21, 2012, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session

Bài viết liên quan

Vùng tiếp giáp lãnh hải là gì? Chế độ pháp lý của vùng tiếp giáp lãnh hải như thế nào?

Vùng tiếp giáp lãnh hải là gì? Chế độ pháp lý của vùng tiếp giáp lãnh hải như thế nào?

Trong bối cảnh pháp luật quốc tế, việc hiểu rõ về vùng tiếp giáp lãnh hải là rất quan trọng, đặc biệt đối với các quốc gia ven biển. Bài viết này sẽ cung cấp định nghĩa về vùng tiếp giáp lãnh hải, cũng như những đặc điểm nổi bật của nó. Bên cạnh đó, chúng ta sẽ khám phá chế độ pháp lý áp dụng cho vùng này, bao gồm quyền hạn và nghĩa vụ của các quốc gia, nhằm giúp độc giả nắm bắt được những quy định quan trọng trong quản lý và bảo vệ biển cả. Qua đó, bài viết sẽ làm rõ vai trò của vùng tiếp giáp lãnh hải trong việc duy trì an ninh, trật tự và phát triển kinh tế biển. 06/11/2024