Forms of announcement of maritime route and categorization of navigational routes within Vietnamese territorial waters

Forms of announcement of maritime route and categorization of navigational routes within Vietnamese territorial waters (Internet image) 

Regarding this issue, LawNet answers as follows:

1. Forms of announcement of maritime route and categorization of navigational routes within Vietnamese territorial waters 

The forms of announcement of maritime route and categorization of navigational routes within Vietnamese territorial waters according to Article 112 of the Vietnam Maritime Code 2015 are as follows:

- Public announcement of maritime routes and categorization of navigational channels within Vietnamese territorial waters shall take the following forms:

+ Publish the nautical chart or relevant paper or electronic documents used for sea-going issues;

+ Disseminate maritime notifications;

+ Establish the directory of maritime routes and navigational routes within Vietnamese territorial waters.

+ Follow other relevant forms in accordance with laws.

- Maritime state regulatory agencies shall assume the following responsibilities:

+ Conduct transmission of maritime notifications of maritime routes and categorization of navigational routes within Vietnamese territorial waters, both of which have been publicly announced in accordance with laws;

+ Conduct establishment and publication of the directory of maritime routes and navigational routes within Vietnamese territorial waters.

- Establishment and publication of the directory of maritime routes within Vietnamese territorial waters shall be financed by the state budget and other legitimate financing sources.

2. Regulations on assurance of maritime safety, security, occupation and environmental protection in Vietnam

Regulations on assurance of maritime safety, security, occupation and environmental protection in Vietnam according to Article 105 of the Vietnam Maritime Code 2015 are as follows:

- Vietnamese sea-going ships shall only be used for purposes which have been registered in the national register of ships of Vietnam once the structure, equipment, certificates and documents of such ships, and manning requirements and qualifications of crew members, are consistent with Vietnamese laws and regulations and international agreements to which the Socialist Republic of Vietnam is a party.

- Sea-going ships, military vessels, public duty ships, fishing ships, inland watercraft, submarines, submersibles, hydroplanes, floating warehouses, movable platforms and floating docks must, upon operating within a port water area and territorial waters of Vietnam, comply with instructions conveyed by marine signaling systems and observe rules for preventing collisions at sea in accordance with regulations laid down by the Minister of Transport.

- When a ship is underway within the territory of a navigational channel and at necessary positions along the coastline, on the island, or in the water environment with obstacles and other marine structures and in the port water area where such ship is licensed for operation, marine signaling system must be kept in place in accordance with regulations adopted by the Minister of Transport.

- Ships specially engineered to transport oil and petroleum products or other hazardous goods are required to have civil liability insurance purchased by the ship owner against environmental pollution issues when underway within Vietnamese port water area and waters.

- Foreign nuclear-powered ships, ships used for carrying nuclear materials shall be allowed to operate within the port water area, internal waters and territorial waters of Vietnam only after the Prime Minister grants permission.

- Organizations or individuals operating within Vietnamese seaports and waters must observe Vietnamese laws and regulations and international agreements to which the Socialist Republic of Vietnam is a party with regard to maritime safety, security, occupation and environmental protection.

3. Regulations on sea protest in Vietnam

Regulations on sea protest in Vietnam according to Article 118 of the Vietnam Maritime Code 2015 are as follows:

- Sea protest refers to a document created by the ship master which is served as a statement of situations that a ship has faced and measures that the ship master has applied to remedy these situations, restrict any possible loss or damage and protect legitimate rights and interests of the ship owner and persons involved.

- When ships, people or goods carried onboard ships are subject to any loss or damage, or there is any suspicion about any possible loss or damage incurred by any accident or incident at sea, the ship master must prepare and lodge a sea protest to competent authorities as referred to in paragraph 3 of Article 118 of the Vietnam Maritime Code 2015 in order to certify filing of such sea protest.

- State agencies accorded authority to certify that a sea protest has been filed in Vietnam include the port authority or the People’s Committees of the nearest commune.

State agencies accorded authority to certify that a sea protest has been filed in an overseas country include the nearest representative agencies of Vietnam or any accredited agency or organization located within such country where the ship is operating.

- A sea protest shall be made and certified in Vietnamese or English language. If a sea protest is made in English language, it must conform to requirements set out by the agency accorded authority to certify such filing of the sea protest, and the ship master must submit an attached Vietnamese translation version.

- Regulations on a sea protest shall also be applied to other types of ships operating within a Vietnamese port water area and territorial waters.

- The Ministry of Transport shall adopt specific regulations on submission and certification of sea protests.

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