What actions within territorial waters are considered to be prejudicial to peace, National defense and security of Vietnam?

What actions within territorial waters are considered to be prejudicial to peace, National defense and security of Vietnam? (Internet image)

What actions within territorial waters are considered to be prejudicial to peace, National defense and security of Vietnam?

Pursuant to the provisions stipulated in Clause 3, Article 23 of the Vietnam Maritime Law 2012 regarding innocent passage in territorial waters in Vietnam as follows:

Article 23. Innocent Passage in Territorial Waters

3. Innocent passage through territorial waters shall not harm the peace, national defense, security of Vietnam, or maritime safety. The passage of foreign vessels within Vietnam's territorial waters is considered harmful to peace, national defense, security of Vietnam, and public order and safety if the vessel engages in any of the following actions:

a) Threaten or use force against the independence, sovereignty, and territorial integrity of Vietnam;

b) Threaten or use force against the independence, sovereignty, and territorial integrity of another country; conduct actions contrary to fundamental principles of international law as provided in the United Nations Charter;

c) Conduct training or exercises with any kind of weapon in any form;

d) Collect information to the detriment of Vietnam’s national defense and security;

dd) Propagate materials harmful to Vietnam’s national defense and security;

e) Launch, receive, or load aircraft onto ships;

g) Launch, receive, or load military equipment onto ships;

h) Load, unload goods, currency or persons onto or from ships contrary to Vietnamese law on customs, taxation, health, or immigration regulations;

i) Intentionally cause severe marine environmental pollution;

k) Engage in illegal fishing activities;

l) Conduct illegal research, surveys, or exploration;

m) Interfere with the operation of Vietnam’s telecommunications systems or other equipment or structures;

n) Conduct other activities unrelated to innocent passage.

Thus, according to the above regulations, there are a total of 13 actions within territorial waters that are considered to be prejudicial to peace, National defense and security of Vietnam.

What are the legal status of the exclusive economic zones in Vietnam (EEZ)?

According to Article 16 of the Vietnam Maritime Law 2012, the legal status of the exclusive economic zones in Vietnam are as follows:

- Within the exclusive economic zone, the State exercises:

+ Sovereign rights for exploring, exploiting, managing, and conserving resources of the waters, seabed, and subsoil; and other activities for economic exploitation in the zone;

+ Jurisdiction for the installation and use of artificial islands, installations and structures; marine scientific research, protection, and preservation of the marine environment;

+ Other rights and obligations in accordance with international law.

- The State respects the freedom of navigation, overflight, and the laying of submarine cables and pipelines and other lawful uses of the seas related to the exclusive economic zone of Vietnam under this Law and international treaties to which the Socialist Republic of Vietnam is a member, without harm to the sovereign rights, jurisdiction, and national interests of Vietnam.

The laying of submarine cables and pipelines must be approved in writing by the competent Vietnamese authorities.

- Foreign organizations and individuals are allowed to explore, use, exploit resources, conduct scientific research, install equipment and facilities in the exclusive economic zone of Vietnam based on international treaties to which the Socialist Republic of Vietnam is a member, contracts signed in accordance with Vietnamese law, or with the permission of the Government of Vietnam, adhering to relevant international laws.

- Rights related to the seabed and subsoil are performed in accordance with the provisions of Articles 17 and 18 of the Vietnam Maritime Law 2012.

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