May I ask what actions are prohibited when foreign ships and boats move in the seas under Vietnam's sovereignty? Does Vietnam have the right to arrest violators? - Thu Huong (Thanh Hoa, Vietnam)
Article table of contents
1. Zones being prohibited and restrained for operation in territorial waters in Vietnam
According to the provisions of Article 26 of the Law on Vietnamese sea 2012, for protection of sovereignty, National defense and security and national benefits of maritime safety, protection of resources, sea ecology, fighting environmental pollution, overcoming accident, disaster of sea environment, preventation of epidemics spreading, the Government sets up temporary prohibited areas or areas restrained for operation in territorial waters of Vietnam.
Setting up temporary prohibited areas or areas restrained for operation in territorial waters of Vietnam as prescribed in clause 1 of this Article must be informed widely in country and international by "Maritime announcement", under international custom, at least 15 days before applying or informed as soon as applying in emergency cases.
Prohibited acts in Vietnamese seas (Source: Internet)
2. Provisions on banning in the exclusive economic zones and continental shelves of Vietnam
Article 37 of the Law on Vietnamese sea 2012 stipulates that when exercise rights of maritime freedom, aviation freedom in exclusive economic zones and continental shelves of Vietnam, organizations, individuals are not permitted to execute the following activities:
- Threaten sovereignty, national defense and security of Vietnam;
- Illegally exploring biological resources, fishing seafood;
- Illegally exploring flows, wind power and other non-biological resources;
- Illegally constructing, installing, using equipment, artificial facilities;
- Drilling, digging illegally;
- Carrying out scientific studying illegally;
- Causing sea environment pollution;
- Sea-robbery, armed- robbery;
- Other illegal ectivities as prescribed by Vietnamese law and international law.
3. Prohibition of illegally stockpiling, use, trading in weapon, explosive, noxious substances in Vietnam
According to Article 38 of the Law on Vietnamese sea 2012, when operating in seas of Vietnam, vessels, organizations, individuals are not allowed for stockpiling, using, trading in illegally either weapon, explosive, noxious substances or other equipment, means which have ability to cause harm for human, resources and sea environment pollution.
4. Prohibition of trading in people, illegally trading in, stockpiling, transporting narcotics in Vietnam
The ban on human trafficking, illegal trading, transportation and possession of narcotics is stipulated in Article 39 of the Law on Vietnamese sea 2012, specifically:
- When operating in sea of Vietnam, vessels, organizations, individuals are prohibited for trading in people, illegally trading in, stockpiling, transporting narcotics.
- When having grounds that vessels, organizations, individuals trading in people or illegally transporting, stockpiling, trading in narcotics, the Sea Patrol and Control Forces of Vietnam shall be entitled to search, inspect, arrest, escort to ports, harbors or shelters of Vietnam or escort, transfer to foreign ports, harbors or shelters as prescribed by Vietnamese law or International treaties of which the Socialist Republic of Vietnam is a member for handling.
5. Prohibition of illegal broadcast in Vietnam
Article 40 of the Law on Vietnamese sea 2012 stipulates that when operating in seas of Vietnam, vessels, organizations, individuals are prohibited for illegal broadcast or propagation causing harm to National defense and security of Vietnam.
Article 41 of the Law on Vietnamese sea 2012 stipulates the right of hot pursuit regarding of foreign vessels as follows:
- The Sea Patrol and Control Force has right to hot pursuit foreign vessels violating provisions of Vietnamese law if these vessels being in internal waters, territorial waters and contiguous zone of Vietnam’s territorial waters.
Right of hot pursuit is implemented after the Sea Patrol and Control Force has sent signal to request the violated vessels or vessels having signals of violating law stopping in order to inspect but these vessels did not execute. The hot pursuit may continue in the outer of limit of territorial waters or contiguous zone of Vietnam’s territorial waters if it is performed consecutively, uninterruptedly
- The right of hot pursuit is applied to act violating right of sovereignty, national jurisdiction of Vietnam, violations in scope of safety belt and on artificial islands, equipment, facilities on sea in exclusive economic zones and continental shelves of Vietnam.
- The hot pursuit of the Sea Patrol and Control Forces of Vietnam shall end when the pursuit vessels entering in territorial waters of another country.
Nhu Mai
