The Criminal jurisdiction on board a foreign ship in Vietnam

The Criminal jurisdiction on board a foreign ship in Vietnam (Internet image)

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

1. The Criminal jurisdiction on board a foreign ship in Vietnam

The Criminal jurisdiction on board a foreign ship under Article 30 of the Law on Vietnamese sea 2012 is as follows:

- Within duties, powers, the Sea Patrol and Control Forces of Vietnamis entitled to execute measures to catch persons, investigate crimes happening on foreign ship as soon as leaving internal waters and entering territorial waters of Vietnam.

- For crimes happening on foreign ships being in territorial waters of Vietnam but it is not as soon as ship leaving from internal waters of Vietnam, the Sea Patrol and Control Forces still is entitled to catch persons, investigate in the following cases.

+ Result of crimes affecting to Vietnam.

+ Acts of crime have nature of sabotage to peace of Vietnam or the order in territorial waters of Vietnam;

+ if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State;

+ For preventing act of trading in people, illegally trading in, stockpiling, transporting narcotics.

- The Sea Patrol and Control Force is not entitled to execute any measure on foreign ships being in territorial waters of Vietnam to catch person or investigate crime which occurred before such ships entering in territorial waters of Vietnam if those ships start from a foreign port and just go in territorial waters but not enter in internal waters of Vietnam, except for neccessary to prevent, limit sea environmental pollution or to execute national jurisdiction specified in point b, clause 1, Article 16 of the Law on Vietnamese sea 2012.

- Criminal procedures measures must be implemented in conformity with Vietnamese law and International treaties of which the Socialist Republic of Vietnam is a member.

2. The civil jurisdiction with respect to foreign ships in Vietnam

The civil jurisdiction with respect to foreign ships under Article 31 of the Law on Vietnamese sea 2012 is as follows:

- The Sea Patrol and Control Force is not entitled to force foreign ships going in territorial waters stop or change their route just only for executing civil jurisdiction in relating to an individual being on that ship.

- The Sea Patrol and Control Force is not entitled to execute measures of civil catching or handling with respect to foreign ships going in seas of Vietnam, exclusive of internal waters, except implementation of these measures relate to obligations commited or civil responsibility which ships must undertake while passing or for being allowed for passing the seas of Vietnam.

- The Sea Patrol and Control Force may apply measures of catching or handling foreign ships for purpose of civil jurisdiction if that ship anchoring in territorial waters or passing territorial waters after leaving from internal waters of Vietnam.

3. Responsibility of foreign warships and ships on official duty in seas of Vietnam 

Responsibility of foreign warships and ships on official duty in seas of Vietnam according to Article 28 of the Law on Vietnamese sea 2012 are as follows:

- When the foreign warships operate in seas of Vietnam and have acts violating law of Vietnam, Sea Patrol and Control Forces of Vietnam are entitled to request such vessels stop immediately violations, leave from territorial waters of Vietnam if they are staying in territorial waters of Vietnam. The violating vessels must obey requests, orders of Sea Patrol and Control Forces of Vietnam.

- If foreign warships, ships on official duty operate in seas of Vietnam, have acts violating law of Vietnam of relevant international law, the country of which such ships hang flag shall bear responsibility for al loss, damages to Vietnam be caused by such vessels.

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