15 acts of foreign naval ships that are prohibited when visiting Vietnam

15 acts of foreign naval ships that are prohibited when visiting Vietnam (Internet image)

1. What is a foreign naval ship?

According to Clause 1, Article 3 of Decree 104/2012/ND-CP, a foreign naval ship is a ship belonging to the armed force of a country and bear a sign that express its nationality, commanded by an naval officer that serves such country, and his name is in the list of officers or an equivalent documents; operated by a crew under military orders and discipline.

2. 15 acts of foreign naval ships that are prohibited when visiting Vietnam

Specifically, in Article 5 of Decree 104/2012/ND-CP, foreign military ships coming to Vietnam are not allowed to carry out the following activities:

(1) Commit the acts that infringe the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam.

(2) Collect intelligence and commit other acts that harm the national security and social order and safety of the Socialist Republic of Vietnam.

(3) Transport mass destruction weapons, radioactive substances, chemical poisons, biological poisons, and drugs.

(4) Disseminate and spread documents and materials without the permission from competent agencies of Vietnam.

(5) Organize sponsorships and humanitarian aid without the permission from competent agencies of Vietnam.

(6) Let people, goods, and vehicles of the ship inconsistently with Vietnam’s law on the entry, exit, export, and import, unless for the purpose of helping victims, but the competent State management agencies at the port must be notified right after that.

(7) Launch, receive, or load any vehicle or military weapons without the permission from competent State management agencies of Vietnam.

(8) Commit illegal acts of surveying, measuring, fishing, trading, interfering the communication system, radar, or obstructing the traffic.

(9) Pollute the environment, damage the equipment and constructions on the sea and at the port.

(10) Use divers or other underwater apparatuses before the permission from competent agencies of Vietnam.

(11) Come alongside other ships or enter prohibited areas without permission.

(12) shoot pictures, videos, draw plans in prohibited areas.

(13) Disturb the public order, obstruct or oppose the jobs of Vietnam’s authorities.

(14) Commit acts of training, maneuvers, rehearsals, and performances using weapons, flying vehicles or military apparatuses without the permission from competent State management agencies of Vietnam.

(15) Commit other acts prohibited by Vietnam’s law.

3. The overall rules for foreign naval ships that visit Vietnam

The overall rules for foreign naval ships that visit Vietnam include:

- Foreign naval ships that visit Vietnam must be licensed by competent State management agencies of Vietnam prescribed in this Decree.

- Foreign naval ships that visit Vietnam must comply with Vietnam’s laws and this Decree, unless otherwise agreed between the country that has the ships and the competent State management agencies of Vietnam in a diplomatic manner before the ship arrives at Vietnam.

- The activity schedule of the ship and the crew thereon must be consistent with the agreed plan. The changes that arise must be permitted by competent State management agencies of Vietnam.

- When foreign naval ships arrive at Vietnam’s territorial sea before entering a port:

+ Submarines and other underwater vehicles must emerge from the water and raise its national flag, unless otherwise permitted by the Vietnam’s Government or agreed between the Vietnam’s Government and the Government of the country of which the flag is raised by such ships;

+ The ship body must bear its name and number;

+ All weapons must be disengaged or in storage;

+ Stop at the pilot station for carrying out entry procedures and follow the instruction of the Vietnam’s port authority and pilots;

+ Only use the equipment necessary for the maritime safety and the registered radio frequency;

+ Arrive at the correct port using the correct routes and corridors.

- A foreign naval ship that arrives at the Vietnam’s territorial sea must raise the national flag of the Socialist Republic of Vietnam at the same level with that of the country that has such ship.

When a foreign naval ship wishes to raise a ceremonial flag, mourning flag, or blow a whistle on their country's holidays, the captain or the chief commissioner must ask for the permission from the port authorities or competent authorities at the port or the naval port where it is anchoring.

- A foreign naval ship in Vietnam that wishes to move from one port of Vietnam to another (transit) must specify that in the diplomatic note and the declaration (form 1 or form 2) and obtain the written approval from the Ministry of National Defense.

(Article 4 of Decree 104/2012/ND-CP)

Thanh Rin

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