Guidelines for determining violations against the regulations on unlawful entry into the territorial waters and islands of the Socialist Republic of Vietnam

Violations against the regulations on unlawful entry into the territorial waters, islands, and continental shelf of the Socialist Republic of Vietnam are specified in Clause 3 Article 8, Article 9, Article 11, Clause 6 Article 13 of Decree 162/2013/ND-CP, amended and supplemented by Clauses 5, 6, 7 Article 3 of Decree 37/2022/ND-CP as follows:

"unlawful entry into the territorial waters, islands, and continental shelf of the Socialist Republic of Vietnam" refers to a foreign organization or individual’s act of using or controlling vessels or other means to enter and conduct investigations, explorations, scientific research of marine resources; tourism activities; exploitation, purchase, and sale of aquatic products; construction, installation, or usage of artificial islands, equipment, and structures within the sea areas, islands, and continental shelf of Vietnam without permission from the Government of Vietnam.

(Compared to the previous specification in Circular 130/2014/TT-BQP, "unlawful entry into the territorial waters, islands, and continental shelf of the Socialist Republic of Vietnam" refers to a foreign organization or individual’s act of transporting by ship or by another means of transport within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam and performing actions in violation of Vietnam’s sovereignty, sovereign rights or jurisdiction as prescribed in the laws of Vietnam and international treaties to which Vietnam is a signatory)

Circular 105/2022/TT-BQP takes effect from February 16, 2023 and replaces Circular 130/2014/TT-BQP and Circular 143/2018/TT-BQP.

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