Chương I Luật Biển Việt Nam 2012 : Những quy định chung

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.