How many parts of the Vietnam Seas are there? What is the legal status of the Vietnam Seas?
How many parts of the Vietnam Seas are there?
Pursuant to Clause 1, Article 3 of the Law on Vietnamese Sea 2012 stipulates that Vietnam Seas includes:
- Internal waters,
- Territorial waters,
- The contiguous zone,
- The exclusive economic zones
- Continental shelf
These regions are under Vietnam’s sovereignty, sovereign right and national jurisdiction, defined under Vietnam's law, international treaties on territorial borders 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.
How many parts of the Vietnam Seas are there? What is the legal status of parts of the Vietnam Seas? (Image from the internet)
What is the legal status of parts of the Vietnam Seas?
The legal status of parts of Vietnam Seas is prescribed in the Law on Vietnamese Sea 2012 as follows:
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.
Legal status of the territorial waters
- 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
- 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.
- 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.
- 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.
- The state has sovereignty for all types of archaeological and historical objects founded in territorial waters of Vietnam.
Legal status of the zone being contiguous to territorial sea
- 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.
- 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.
Legal status of the exclusive economic zones
- In exclusive economic zones, the state performs:
+ 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;
+ The national jurisdiction on install and use artificial islands, equipment and works on sea; study on sea science, protection and conservation of sea environment;
+ Other rights and obligations in conformity with international law.
- 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.
- 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.
- 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.
Legal status of the continental shelves
- The state exercises right of sovereignty for continental shelves regard of exploration, exploitation of resources.
- 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.
- The State is entitled to explore subsoil under sea beds, allows and provides drilling aiming to any purpose at continental shelves.
- 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.
- 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.
What is an innocent passage in territorial waters of Vietnam?
Pursuant to Article 23 of the Law on Vietnamese Sea 2012 stipulates the right of innocent passage in the territorial waters as follows:
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.
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