Legal status of the exclusive economic zones and continental shelves in Vietnam

 Legal status of the exclusive economic zones and continental shelves in Vietnam (Internet image)

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

1. Legal status of the exclusive economic zones in Vietnam

 Legal status of the exclusive economic zones in Vietnam according to Article 16 of the Law on Vietnamese sea 2012 is as follows:

- In exclusive economic zones, the state performs:

+ 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;

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

+ 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.

2. Legal status of the continental shelves in Vietnam

Legal status of the continental shelves in Vietnam according to Article 18 of Law on Vietnamese sea 2012 is as follows:

- 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 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.

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