General Requirements for Innocent Passage of Ships and Vessels through the Territorial Waters of Vietnam

To be specific, according to the provisions of Decree 16/2018/ND-CP, the general requirements for vessels passing through the territorial waters of Vietnam without causing harm include:

- All types of vessels, regardless of nationality or tonnage, are allowed to pass through the territorial waters of Vietnam without causing harm, but must do so based on respect for peace, independence, sovereignty, the laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a member. They must also comply with the rules for preventing collisions at sea as prescribed by law.

- Vessels passing through Vietnam's territorial waters must fly their national flag, conduct their journey continuously and rapidly, and fully comply with related provisions of Vietnamese law and the 1982 United Nations Convention on the Law of the Sea (UNCLOS 82); except in cases of force majeure, maritime accidents, accidents for the purpose of rescuing people, ships or aircraft in distress at sea, or special agreements between the Government of Vietnam and the Government of the country whose flag the vessel is flying.

- When navigating within Vietnam's territorial waters, foreign submarines and other underwater vehicles must travel on the surface and display their national flag as prescribed.

- When navigating within Vietnam's territorial waters, foreign vessels powered by nuclear energy or carrying radioactive, toxic, or dangerous substances have the following obligations:

- Carry full technical documentation related to the vessel and its cargo, including documents on mandatory civil liability insurance;- Be ready to provide all documents related to the technical specifications of the vessel and its cargo to the competent state authorities of Vietnam;- Fully implement special preventive measures as prescribed by Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a member;- Comply with decisions by competent Vietnamese authorities regarding the application of special preventive measures, including prohibition from passing through or being forced to leave Vietnam's territorial waters immediately in cases where there are signs or clear evidence of potential leakage of harmful substances or environmental pollution.

These are the contents specified in Article 8 of Decree 16/2018/ND-CP, which took effect on April 1, 2018.

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