What are territorial waters? Legal status of the territorial waters in Vietnam

What are territorial waters? Legal status of the territorial waters in Vietnam (Internet image)

1. What are territorial waters?

Pursuant to Article 11 of the Law on Vietnamese sea 2012, the territorial waters are as follows:

The territorial waters are seas with the breadth 12 nautical miles, measured from baselines to sea

The outer limits of territorial waters are national borders at sea of Vietnam.

2. Legal status of the territorial waters in Vietnam

In Article 12 of the Law on Vietnamese sea 2012, the legal status of the territorial waters is as follows:

- The state exercise the sovereignty fully and completely for territorial waters and air space, sea beds and subsoil of territorial waters in conformity with the United Nations' Convention on the Law of the Sea in 1982

- Vessels of all countries are enjoyed right of innocent passage in Vietnam’s territorial waters. For foreign warships, when they execute right of innocent passage in Vietnam’s territorial waters, they must have advance notice to competent agencies of Vietnam.

- The innocent passage of foreign vessels must be implement on the basis of respect of peace, independence, sovereignty, law of Vietnam and International treaties of which the Socialist Republic of Vietnam is a member.

- The foreign aircrafts are not permotted to enter air space over territorial waters of Vietnam, except for agreement of The Government of Vietnam or implementation under international treaties of which the Socialist Republic of Vietnam is a member.

- The state has sovereignty for all types of archaeological and historical objects founded in territorial waters of Vietnam.

3. Innocent passage in territorial waters in Vietnam

Article 23 of the Law on Vietnamese sea 2012 stipulates innocent passage in territorial waters as follows:

- Passage of territorial waters is passage in Vietnam’s territorial waters by foreign vessels aiming to one of the following purposes:

+ Traversing that sea without entering internal waters of Vietnam or mooring at a port facility, harbor, shelter outside internal waters of Vietnam;

+ Going into or leaving from internal waters of Vietnam or mooring or leaving from a port facility, harbor, shelters outside internal waters of Vietnam;

- Passage shall be continuous and expeditious, except for meeting maritime accidents, force majeure cases or distress or for the purpose of salvage and assistance to persons, ships or aircraft in distress.

- Innocent passage in territorial waters shall not prejudicial to peace, National defense and security of Vietnam, safety and order at sea.

Passage in territorial waters by foreign vessels shall be considered to be prejudicial to peace, National defense and security of Vietnam, social safety and order if such vessels commit any of the following acts:

+ Any threat or use of force against the independence, sovereignty and territorial integrity of Vietnam;

+ Any threat or use of force against the independence, sovereignty and territorial integrity of orther nations; or in any other manner in violation of the basic principles of international law embodied in the Charter of the United Nations;

+ Any exercise or practice with weapons of any kind, any form;

+ Any act aimed at collecting information to the prejudice of the defence or security of Vietnam;

+ Any act of propaganda aimed at affecting the defence or security of Vietnam;

+ The launching, landing or taking on board of any aircraft;

+ The launching, landing or taking on board of any military device;

+ The loading or unloading of any commodity, currency or person contrary to the customs, tax, immigration or health laws of Vietnam;

+ Any act of sea environment wilful and serious pollution;

+ Any illegal fishing activities;

+ The carrying out of illegal research or investigation, exploration activities;

+ Any act aimed at interfering with any systems of communication or any other facilities or installations of Vietnam;

+ Any other activity not related directly to passage.

4. Obligation upon performing right of innocent passage in Vietnam

Article 24 of the Law on Vietnamese sea 2012 stipulates the obligation upon performing right of innocent passage as follows:

- Upon performing right of innocent passage in territorial waters of Vietnam, foreign organizations and individuals have obligation to obey provisions of Vietnamese law in regard of following contents:

+ The safety of navigation and the regulation of maritime traffic, maritime lanes and traffic separation;

+ Protection equipment and marine assurance system, equipment or other works;

+ Protection of cables and pipes;

+ Conservation of sea biological resources;

+ Activities of fishing, exploiting and aquaculture;

+ Preservation of sea environment, prevention, mitigation and control of environmental pollution;

+ The study of the marine science and hydrologic measurement;

+ Customs, tax, health, immigration.

- The captain of foreign nuclear-powered vessels or vessels carrying nuclear or other inherently dangerous or noxious substances, when go in territorial waters of Vietnam have the following obligations:

+ carrying fully technique documents relating to vessels and commodity on board, documents on compulsory civil duty insurance;

+ Preparing to supply for competent state agencies of Vietnam all documents relating to technique factor of as vessels as commodity on board;

Implementing sufficiently special precautionary measures established for such ships rightly in according to the Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a member.

+ Obeying decision of competent agencies of Vietnam in regard of applying special precautionary measures, inclusive of ban for passing territorial waters of Vietnam or force leaving from territorial waters of Vietnam immediately in case clearly denote of proof of believed to have ability of leakage or environmental pollution.

5. Maritime lanes and traffic seperation in territorial waters servicing for innocent passage in Vietnam

Article 25 of the Law on Vietnamese sea 2012 stipulates maritime lanes and traffic seperation in territorial waters servicing for innocent passage as follows:

- The Government provides on announcement of maritime lanes and traffic seperation in territorial waters servicing for innocent passage aiming to ensure maritime safety.

- The foreign oil-carrying vessels or foreign nuclear-powered vessels or vessels carrying nuclear or other inherently dangerous or noxious substances, when conduct innocient passage in territorial waters of Vietnam may be forced to use sea lanes specified for each case.

6. Zones being prohibited and restrained for operation in territorial waters in Vietnam

Pursuant to Article 26 of the Law on Vietnamese sea 2012 stipulates the zones being prohibited and restrained for operation in territorial waters as follows:

- 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 Article 26 of the Law on Vietnamese sea 2012 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.

Ngoc Nhi

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