Chương III Luật Biển Việt Nam 2012 : Hoạt động trong vùng biển Việt Nam

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.