Regulations on innocent passage in territorial waters of Vietnam

Regulations on innocent passage in territorial waters of Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Regulations on innocent passage in territorial waters of Vietnam

Regulations on innocent passage in territorial waters according to Article 23 of the Law on Vietnamese sea 2012 are 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.

2. Obligation upon performing right of innocent passage in the territorial sea of Vietnam

Obligation upon performing right of innocent passage in the territorial sea of Vietnam under Article 24 of the Law on Vietnamese sea 2012 are 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.

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