What are penalties for foreign organizations and individuals for coming alongside or communicating with another ship or vessel within the internal waters or territorial waters of Vietnam?

What are penalties for foreign organizations and individuals for coming alongside or communicating with another ship or vessel within the internal waters or territorial waters of Vietnam?

Pursuant to Article 5 of Decree 162/2013/ND-CP stipulating violations against regulations on innocent passage in the territorial waters as follows:

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for illegally stopping or anchoring within the internal waters or territorial waters of Vietnam.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for coming alongside or communicating with another ship or vessel within the internal waters or territorial waters of Vietnam.

3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for entering prohibited or restricted areas within the territorial waters of Vietnam.

4. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for one of the following violations:  Loading, unloading, exchanging or trading of any commodity, currency or person contrary to the customs, taxation, healthcare or immigration laws and regulations of Vietnam.

5. A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for one of the following violations:  Emission of dark smoke, use of flare guns of various kinds, sending of signals or use of explosives within the internal waters or territorial waters for any purposes, except distress signals and gun salutes in conformity with laws of Vietnam.

6. A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for one of the following violations:

a) Any act of propaganda aimed at affecting the defense or security of Vietnam;

b) The launching, landing or taking on board of any aircraft or other device.

7. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for one of the following violations:

a) Any act aimed at collecting information to the prejudice of the defense or security of Vietnam;

b) Any illegal act of exercise or practice in any forms.

8. Additional penalties: Confiscate the exhibits and instrumentalities of administrative violations prescribed in Clauses 4, 5, 6 and 7 of this Article.

9. Remedial measures:  Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if one of the violations prescribed in Clauses 5, 6 and 7 of this Article is committed.

Thus, foreign organizations and individuals with acts of coming alongside or communicating with another ship or vessel within the internal waters or territorial waters of Vietnam will be fined from VND 30,000,000 to VND 50,000,000. If entering a prohibited or restricted area within territorial waters of Vietnam, a fine of between VND 80,000,000 and VND 100,000,000 will be imposed. In case of Loading, unloading, exchanging or trading of any commodity, currency or person contrary to the customs, taxation, healthcare or immigration laws and regulations of Vietnam will be fined from 150,000,000 to VND 200,000,000.

In the above case, a Philippine fishing vessel with acts of coming alongside or communicating with another ship or vessel within the internal waters or territorial waters of Vietnam will be fined from VND 30,000,000 to VND 50,000,000.

What are penalties for foreign submarines that fail to navigate on the surface when entering the internal waters and territorial waters of Vietnam? 

Pursuant to Article 6 of Decree 162/2013/ND-CP stipulating violations against regulations on surface navigation of submarines and other underwater vehicles as follows:

1. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on foreign submarines and underwater vehicles that fail to navigate on the surface when entering the internal waters and territorial waters of Vietnam, except cases permitted by the Government of Vietnam.

2. Remedial measures:  Demand foreign submarines and underwater vehicles to rise to the surface if the violation prescribed in this Article is committed.

Thus, foreign submarines that fail to navigate on the surface when entering the internal waters and territorial waters of Vietnam will be fined from VND 80,000,000 to VND 100,000,000, forcing the submarine to rise to the surface for violations.

Best Regards!