05 parts of Vietnam Seas

05 parts of Vietnam Seas (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 05 parts of Vietnam Seas

Clause 1, Article 3 of the Law on Vietnamese sea 2012 stipulates that Vietnam Seas includes:

- The internal waters;

- The territorial waters;

- The contiguous zone;

- The exclusive economic zones;

- The continental shelf.

Note: The above five parts belong to Vietnam’s sovereignty, sovereign right and national jurisdiction, being defined under the Vietnam’s law, international treaties on territorial border of which the Socialist Republic of Vietnam is a member and in conformity with The United Nations' Convention on the Law of the Sea in 1982.

2. Guidelines for identifying parts of Vietnam Seas

2.1 Internal waters

According to Article 9 of the Law on Vietnamese sea 2012, the internal waters are waters contiguous with coast, inside of baseline and being a part of Vietnam’s territorial

In which, the baselines for measuring the width of territorial waters of Vietnam are the straight baselines announced by the Government.

The Government defines and announces baselines in areas where not having baselines after approved by the Standing Committee National Assembly.

2.2 Territorial Waters

According to Article 11 of the Law on Vietnamese sea 2012, 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.

2.3 Zone being contiguous to territorial sea in Vietnam

The zone being contiguous to territorial sea is adjacent sea area, with the breadth of 12 nautical miles measured from the outer limits of the territorial waters. (Article 13 of the Law on Vietnamese sea 2012)

2.4 Exclusive economic zones in Vietnam

According to Article 15 of the Law on Vietnamese sea 2012, the exclusive economic zones are adjacent sea zones and outside of Vietnam’s territorial sea, which combine with territorial waters into a sea area with the breadth of 200 nautical miles measured from baselines.

2.5 Continental shelves

According to Article 17 of the Law on Vietnamese sea 2012, the continental shelves comprise the sea bed and subsoil under sea beds that extend beyond Vietnam’s territorial sea, on entire of the natural prolongation part of land territory, islands and archipelagoes of Vietnam to the outer edge of the continental margin.

- In case the outer edge of this continental margin to a distance of 200 nautical miles from the baselines, The continental shelves thereof shall be prolonged to 200 nautical miles measured from the baselines.

- In case the outer edge of this continental margin to a distance of over 200 nautical miles from the baselines, The continental shelves thereof shall be prolonged to not exceed 350 nautical miles measured from the baselines or not exceed 100 nautical miles measured from the 2,500 metre isobath.

3. Legal status of 05 parts of Vietnam Seas

- Legal status of the internal waters

The State exercises the sovereignty completely, absolutely and fully with respect to internal waters as on the mainland territories.

- Legal status of the territorial waters

+ 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.

- Legal status of the zone being contiguous to territorial sea

+ The State implements right of sovereignty, national jurisdiction and other rights specified in Article 16 of this Law relating to the zone being contiguous to territorial sea.

+ The state controls zone being contiguous to territorial sea to prevent and punish acts violating law on customs, tax, health, entry and exit happening in the territory or territorial waters of Vietnam.

- Legal status of the exclusive economic zones

+ In exclusive economic zones, the state performs:

(1) The right of sovereignty relating to exploration, exploitation, management and conservation of resources in water areas over sea beds, sea beds and underground areas under the sea beds; regarding to other activities to explore and exploit this area for economic purpose;

(2) The national jurisdiction on install and use artificial islands, equipment and works on sea; study on sea science, protection and conservation of sea environment;

(3) Other rights and obligations in conformity with international law.

+ The state respects to the freedom on aviation and maritime; right to put underground cables, pipes and operations using sea legally of other countries in the exclusive economic zones of Vietnam under this law and International treaties of which the Socialist Republic of Vietnam is a member, being not prejudicial to right of sovereignty, national jurisdiction and national benefits at sea of Vietnam.

The install of cables and underground pipes must have acceptance in writing of competent state agencies of Vietnam.

+ The foreign organizations and individuals are entitled to participate in exploration, use, exploitation of resources, scientific study, install of equipment and works in exclusive economic zones of Vietnam on the grounds of international treaties of which the Socialist Republic of Vietnam is a member, contracts signed under provisions of Vietnam’s law or permission of the Vietnam’s Government, in conformity with relevant international law.

+ Rights related to sea beds and subsoil under sea beds specified in this Article are implemented as prescribed in Article 17 and Article 18 of the Law on Vietnamese sea 2012.

- Legal status of the continental shelves

+ The state exercises right of sovereignty for continental shelves regard of exploration, exploitation of resources.

+ The right of sovereignty specified in clause 1 of Article 18 of the Law on Vietnamese sea 2012 is exclusive in the sense that no one may undertake explore the continental shelf or exploit its natural resources without the express consent of the Government of Vietnam.

+ The State is entitled to explore subsoil under sea beds, allows and provides drilling aiming to any purpose at continental shelves.

+ The state respects to right to put underground cables, pipes and other operations using sea legally of other countries at continental shelves of Vietnam under this law and International treaties of which the Socialist Republic of Vietnam is a member, being not prejudicial to right of sovereignty, national jurisdiction and national benefits at sea of Vietnam.

The install of cables and underground pipes must have acceptance in writing of competent state agencies of Vietnam.

+ The foreign organizations and individuals are entitled to participate in exploration, use, exploitation of resources, scientific study, install of equipment and works in continental shelves of Vietnam on the grounds of international treaties of which the Socialist Republic of Vietnam is a member, contracts signed under provisions of Vietnam’s law or permission of the Vietnam’s Government.

Nguyen Nhu Mai

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