Vietnam: When shall the patrol forces in maritime boundary areas have the right of hot pursuit of foreign waterway craft?

Specifically, according to Decree No. 71/2015/NĐ-CP of Vietnam’s Government, patrol and control forces in maritime boundary areas have the right of hot pursuit of foreign waterway craft violating Vietnam’s law in the internal waters or territorial sea of Vietnam or of persons, vehicles and craft that violate law in maritime boundary areas on the way to the inland.

After the patrol and control forces in maritime boundary areas have sent out signals to order foreign persons or waterway craft that violate or show signs of violating Vietnam’s law in maritime boundary areas to stop for inspection, if these persons or operators of these craft fail to obey the order, the commanders of the pursuing forces may use supporting tools and weapons in accordance with law; if there are wounded persons, these forces shall render medical aid; in case there are killed persons, these forces shall coordinate with functional agencies and local administrations in handling the case in accordance with law.

For foreign waterway craft violating or showing signs of violating Vietnam’s law, their hot pursuit may continue outside the boundaries of the territorial sea or the contiguous zone of the territorial sea of Vietnam and shall be undertaken uninterruptedly; the hot pursuit must terminate when the pursued foreign waterway craft go into the territorial sea of another country or territory.

Notably, when exercising the right of hot pursuit, commanders of the pursuing forces may mobilize persons and craft of state agencies, organizations and individuals operating in maritime boundary areas (except craft of foreign agencies, organizations and individuals entitled to immunities and privileges under Vietnam’s law) to participate in the hot pursuit.

View full text at Decree No. 71/2015/NĐ-CP of Vietnam’s Government, effective from October 20, 2015.

Thu Ba

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