Vietnam: The Criminal jurisdiction on board a foreign ship

According to the Law on Vietnamese sea 2012, for crimes happening on foreign ships being in territorial waters of Vietnam but it is not as soon as ship leaves from internal waters of Vietnam, the Sea Patrol and Control Forces still are entitled to catch persons, investigate in the following cases.

- Result of crimes affecting Vietnam.

- Acts of crime have nature of sabotage to peace of Vietnam or the order in territorial waters of Vietnam;

- 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;

- For preventing acts of trading in people, illegally trading in, stockpiling, transporting narcotics.

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 necessary to prevent, limit sea environmental pollution or to execute national jurisdiction specified in point b, clause 1, Article 16 of this Law.

Criminal procedures measures must be implemented in conformity with Vietnamese law and International treaties of which the Socialist Republic of Vietnam is a member.

This content is specified in Article 30 of the Law on Vietnamese sea 2012, issued on June 21, 2012 and effective from January 01, 2013.

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