Cases that have the right to visit foreign vessels and right of hot pursuit regarding of foreign vessels in Vietnam

Hello, Lawnet would like to answer as follows:

1. Regulations on the right to visit foreign flagged vessels in Vietnam

According to Article 110 of the United Nations Convention on the Law of the Sea 1982, the right to visit foreign flagged vessels in Vietnam is stipulated as follows:

- Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:

+ The ship is engaged in piracy;

+ The ship is engaged in the slave trade;

+ The ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109 of the United Nations Convention on the Law of the Sea 1982;

+ The ship is without nationality; or

+ Though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.

- In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration.

- If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained.

- These provisions apply mutatis mutandis to military aircraft.

- These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

Note:

According to Articles 95 and 96 of the United Nations Convention on the Law of the Sea 1982, regulations on immunity for warships at sea specifically:

Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State.

Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any State other than the flag State.

Thus, except for the cases specified in Articles 95 and 96 of the United Nations Convention on the Law of the Sea 1982, a warship has the right to visit a foreign ship at sea if there are reasonable grounds for suspicion. At the same time, if there is no basis for suspicion after a visit, the ship being searched will be compensated for any loss or damage that occurs.

2. Regulations on the right of hot pursuit regarding of foreign vessels in Vietnam

According to Article 41 of Vietnam's Sea Law 2012, regulations on the right of hot pursuit regarding of foreign vessels are as follows:

- 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

- 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.

- 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.

Thus, the sea patrol and control force will have the right to pursue foreign vessels violating the provisions of Vietnamese law, whether these vessels are in territorial waters, contiguous areas, or internal waters of Vietnam.

Also according to Article 111 of the United Nations Convention on the Law of the Sea 1982, the right to pursue foreign vessels at sea is stipulated as follows:

- Where hot pursuit is effected by an aircraft:

+ The provisions of paragraphs 1 to 4 shall apply mutatis mutandis;

+  The aircraft giving the order to stop must itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to take over the pursuit, unless the aircraft is itself able to arrest the ship.

+ It does not suffice to justify an arrest outside the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without interruption.

+ Any aircraft that gives the order to stop must pursue the ship on its own until another ship or aircraft of the coastal state arrives; After being notified by the initial aircraft, positions were taken to continue the pursuit if the primary aircraft were unable to hold the craft.

+ The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances rendered this necessary.

Note: Where a ship has been stopped or arrested outside the territorial sea in circumstances which do not justify the exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby sustained.

Best regards!

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