Right of hot pursuit regarding of foreign vessels in Vietnam

Right of hot pursuit regarding of foreign vessels in Vietnam (Internet image)

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

1. Right of hot pursuit regarding of foreign vessels in Vietnam

Right of hot pursuit regarding of foreign vessels according to Article 41 of the Law on Vietnamese sea 2012 is as follows:

- The Sea Patrol and Control Force has right to hot pursuit foreign vessels violating provisions of Vietnamese law if these vessels being in internal waters, territorial waters and contiguous zone of Vietnam’s territorial waters.

Right of hot pursuit is implemented after the Sea Patrol and Control Force has sent signal to request the violated vessels or vessels having signals of violating law stopping in order to inspect but these vessels did not execute. The hot pursuit may continue in the outer of limit of territorial waters or contiguous zone of Vietnam’s territorial waters if it is performed consecutively, uninterruptedly

- The right of hot pursuit is applied to act violating right of sovereignty, national jurisdiction of Vietnam, violations in scope of safety belt and on artificial islands, equipment, facilities on sea in exclusive economic zones and continental shelves of Vietnam.

- The hot pursuit of the Sea Patrol and Control Forces of Vietnam shall end when the pursuit vessels entering in territorial waters of another country.

2. 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.

3. Policy of sea management and protection in Vietnam

Policy of sea management and protection according to Article 5 of the Law on Vietnamese sea 2012 is as follows:

- Promoting the power of nation and implementing necessary measure to protect sovereignty, sovereign right and national jurisdiction on seas, islands and archipelagoes, protect resources and sea environment, develop sea economy.

- Constructing and implementing strategy, planning, plans on management, use, exploit, unshakeable protect sea, islands and archipelagoes,servicing target on construction, development of economy - society, national defense, security.

- Encouraging organizations, individuals to invest labor, material, capital money for and apply scientific and technological achievement into use, exploit, development of sea economy, protection resources and sea environment, unshakeable development of seas suitable with conditions of each sea area and assurance for requirement of National defense and security; strengthening informing, popularizing on potential, policy, law on sea

- Encouraging and protecting fishery activities of fishermen on seas, protection of activities of organizations, Vietnamese citizens outside of Vietnam’s seas in conformity with international treaties of which the Socialist Republic of Vietnam is a member, international law, relevant law of coastal nations.

- Investing for assurance of operation of force in charge of , control on the sea, upfrading logistics facilities servicing for activities on the sea, islands and archipelagoes, developing sea manpower.

- Implementing policies having priority to people living on islands and archipelagoes; preferential regime for forces participating in management and protection of seas, islands and archipelagoes.

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