Chương II Luật Biển Việt Nam 2012 : Vùng biển Việt Nam

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.