Violations against regulations on innocent passage in the territorial waters of Vietnam

On September 15, 2018, the Ministry of National Defense of Vietnam issued Circular No. 143/2018/TT-BQP on amendments to some Articles of Circular No. 130/2014/TT-BQP on guidelines for some Articles of Decree No. 162/2013/NĐ-CP on penalties for administrative violations committed within territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.

Circular No. 143/2018/TT-BQP of the Ministry of National Defense of Vietnam amends regulations on violations against regulations on innocent passage in the territorial waters, specifically as follows:

- Illegal stopping and anchoring in Vietnam's territorial waters means the act of foreign ships passing harmlessly through Vietnam's territorial waters but stopping or anchoring in Vietnam's territorial waters not due to maritime incidents, force majeure, distress or for the purpose of rescuing people, ships or aircraft in distress.

- The entry into prohibited or restricted areas within the territorial waters of Vietnam means a foreign ship exercising the right of innocent passage through the territorial waters of Vietnam but entering a prohibited or restricted area within Vietnam’s territorial waters 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.

Prohibited and restricted areas within the territorial waters of Vietnam are prescribed in the Law on Vietnamese Sea 2012 and Decree No. 71/2015/NĐ-CP on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam.

View more at Circular No. 143/2018/TT-BQP of the Ministry of National Defense of Vietnam, effective from November 01, 2018.

- Thanh Lam -

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