Is it permissible for foreign ships to launch military devices in territorial waters of Vietnam?

Is it permissible for foreign ships to launch military devices in territorial waters of Vietnam?

Pursuant to Clause 3 Article 23 of the Law on Vietnamese Sea in 2012 stipulating innocent passage in territorial waters as follows:

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.

As regulations above, foreign ships are not permissible to launch military devices in territorial waters of Vietnam.

Shall foreign ships launching military devices in territorial waters of Vietnam be handled according to the law in Vietnam?

Pursaunt to Clause 11, 12 and 13, Article 8 of the Decree 96/2020/NĐ-CP (amended by Clause 8.d Article 2 of the Decree 37/2022/NĐ-CP) stipulating as follows:

11. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed for any one of the following violations:

a) Using radio transmitters in the restricted or prohibited area within the sea border area;

b) Firing, launching, releasing or operating equipment or objects that threaten security, order, economy, safety or maritime security;

c) Using waterway vehicles to perform side-by-side mooring to foreign vessels without permission of a competent authority within the internal waters or territorial waters.

12. Additional penalties:

a) Confiscation of the exhibit or instrumentality used for committing the administrative violation in Point d Clause 2; Point d Clause 8; Point a or b Clause 11 of this Article;

b) Suspension of the driver’s license or the certificate of competency for 03 - 06 months in the case of the violations mentioned in Point b Clause 2; Point a Clause 3; Clause 4 of this Article;

c) Suspension of the transport license, the business license, the construction permit, the license to extract or explore natural resources, the mining license or the fishing license for 06 - 12 months in the case of the violations mentioned in Point a Clause 6; Point c Clause 8 of this Article;

d) Deportation of the foreign national that commits any of the violations mentioned in Point b Clause 1; Point a or d Clause 2; Clause 7; Point b Clause 10; Clause 11 of this Article.

13. Remedial measures:

The violator is compelled to:

a) leave the sea border area if any of the violations mentioned in Point a or b Clause 1; Point a or b Clause 2; Clause 5; Point a Clause 6; Point b Clause 10; Point a or b Clause 11 of this Article is committed;

b) dismantle the equipment or facility if the violation in Point a Clause 10 of this Article is committed.

As regulations above, a fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on foreign ships launching military devices in territorial waters of Vietnam.

In addition, the exhibit or instrumentality used for committing the administrative violation shall be confiscated. The foreign ships and violators shall be deported and compelled to leave the sea border area.

What are regulations on the Criminal jurisdiction on board a foreign ship in Vietnam?

Pursuant to Article 30 of the Law on Vietnamese Sea in 2012 stipulating the Criminal jurisdiction on board a foreign ship as follows:

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.

Above are regulations on the Criminal jurisdiction on board a foreign ship in Vietnam.

Best regards!