What are regulations on the act of entering a prohibited or restricted areas within the territorial waters of Vietnam?
What are regulations on the act of entering a prohibited or restricted areas within the territorial waters of Vietnam? - Thanh Thao (Binh Duong).
What are regulations on the act of entering a prohibited or restricted areas within the territorial waters of Vietnam?
Pursuant to Clause 2 Article 5 of the Circular 105/2022/TT-BQP stipulating the act of entering a prohibited or restricted areas within the territorial waters of Vietnam as follows:
Violations against regulations on innocent passage within the territorial waters specified in Article 5 of Decree No. 162/2013/ND-CP
...
2. The act of entering a prohibited or restricted areas within the territorial waters of Vietnam specified in Clause 3 Article 5 of Decree No. 162/2013/ND-CP means a foreign ship exercising the right of innocent passage through the territorial waters and entering a prohibited or restricted area within the territorial waters of Vietnam which is established by the Government of Vietnam for the purpose of protecting sovereignty, national defense, security and national interests or maritime safety, protecting marine resources and ecosystems, fighting against pollution, responding to marine emergencies or disasters, preventing and controlling the spread of diseases without the permission of the Socialist Republic of Vietnam.
...
As regulations above, the act of entering a prohibited or restricted areas within the territorial waters of Vietnam means a foreign ship exercising the right of innocent passage through the territorial waters and entering a prohibited or restricted area within the territorial waters of Vietnam which is established by the Government of Vietnam.
What are the fines for the act of entering a prohibited or restricted areas within the territorial waters of Vietnam?
Pursuant to Clause 3 Article 5 of the Decree 162/2013/NĐ-CP stipulating the fines for the act of entering a prohibited or restricted areas within the territorial waters of Vietnam as follows:
Violations against regulations on innocent passage in the territorial waters
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.
Pursuant to Clause 2 Article 3 of the Decree 162/2013/NĐ-CP (amended by Clause 3.a Article 3 of the Decree 37/2022/NĐ-CP) stipulating as follows:
Fines and power to impose fines
...
2. Fines for administrative violations prescribed in Chapter II herein are imposed on individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.
...
As regulations above, 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. If the violator is an organization, it shall be fined from VND 160,000,000 to VND 200,000,000.
According to latest regulations, what are regulations on the act of illegally stopping or anchoring within territorial waters of Vietnam?
Pursuant to Clause 1 Article 5 of the Decree 162/2013/NĐ-CP stipulating the act of illegally stopping or anchoring within territorial waters of Vietnam as follows:
Violations against regulations on innocent passage within the territorial waters specified in Article 5 of Decree No. 162/2013/ND-CP
1. The act of illegally stopping or anchoring within territorial waters of Vietnam specified in Clause 1 Article 5 of Decree No. 162/2013/ND-CP means a foreign ship exercising the right of innocent passage through the territorial waters of Vietnam but it does not stop or anchor within the territorial waters in the event of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger of distress.
...
As regulations above, the act of illegally stopping or anchoring within territorial waters of Vietnam means a foreign ship exercising the right of innocent passage through the territorial waters of Vietnam but it does not stop or anchor within the territorial waters in the event of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger of distress.
Best regards!









