Number: 18 /2012/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, June 21, 2012
The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;
Congress enacted the Law of the South China Sea.
The law rules on the main, domestic, territorial, territorial waters, the territorial waters, the continental shelf, the continental shelf, the islands, the Yellow Islands, the Spratues and other islands of the sovereign, the sovereign, the national jurisdiction of Vietnam; active in Vietnam ' s waters; development of marine economics; management and protection of the sea, island.
1. The case where there is a difference between the regulation of this law with the provisions of the other law on sovereignty, the legal regime of the South Vietnamese waters then applies the rules of this Law.
2. The regulation case of this Law differs from the regulation of the international treaty that the Socialist Republic of Vietnam is a member of which applies the regulation of that international treaty.
In this Law, the words below are understood as follows:
1. Vietnamese waters. including the homeland, the territorial waters, the territorial waters of the territorial waters, the sovereignty and continental shelf of the sovereign, sovereign rights and national jurisdiction of Vietnam, defined under Vietnamese law, the international treaty on the borders of the country. The Socialist Republic of Vietnam is a member of the United Nations Convention on the Law of the Sea in 1982.
2. International waters. is that all the waters are outside the economic zone of Vietnam and other countries, but do not include the seabed and the ground at the bottom of the sea.
3. The ship. is the vehicle operating on the water or below the water that includes ships, boats and other vehicles that have an engine or no engine.
4. Military ship. is a ship of the armed forces of a nation and bears an external indication of the nationality of that country, led by a naval officer serving the country, who is named in the list of officers or in a similar document. It is controlled by the crew that operates under the command of the military discipline.
5. The ship's ship. is the vessel dedicated to carrying out state affairs of the State not for commercial purposes.
6. Resource including the biomass and non-organism resources of the country, the bottom and the ground at the bottom of the sea.
7. Deep lines It ' s a link to the points that have the same depth at sea.
1. Management and protection of the sea are made united by the regulation of Vietnamese law, in accordance with the United Nations Charter and other international treaties that the Socialist Republic of Vietnam is a member.
2. The agencies, organizations and all citizens of Vietnam are responsible for the protection of sovereignty, sovereignty rights, national jurisdiction over the seas, islands, and islands, protecting the resources and the marine environment.
3. The state addressing disputes involving the sea, island with other countries by peaceful means, in accordance with the United Nations Convention on the Law of the Sea in 1982, law and international practice.
1. Power the national power and implement the necessary measures to protect sovereignty, sovereignty rights, national jurisdiction over the seas, islands, and islands, protect the resources and the marine environment, develop the maritime economy.
2. Build and implement strategy, planning, management planning, use, exploitation, protection of seas, islands, and islands sustainable for building goals, economic development-social, defense, security.
3. Encourage to organize, individuals invest in labor, supplies, capital, and the application of technical scientific achievement, technology to the use, exploitation, marine economic development, resource protection and marine environment, sustainable development of marine regions that fit into the world. the conditions of each region of the sea and ensuring the defense, security; increased information, the common potential, the policy, the law of the sea.
4. Encourage and protect the fisheries of fishermen on the seas, protect the operation of the organization, Vietnamese citizens in addition to the Vietnamese waters that are consistent with the international treaty that the Socialist Republic of Vietnam is a member, the national law of Vietnam. The laws of the coastal state are related.
5. The investment guarantee of the operations of the forces on patrol, sea control, upgrading of logistics facilities for operations on the sea, island, and islands, development of marine human resources.
6. Make priority policies for people living on islands and islands; preferable forces to the forces that participate in the management and protection of the seas, islands and islands.
1. The state promotes the international cooperation of the sea with countries, international and regional organizations on the basis of international law, respect for independence, sovereignty and territorial integrity, equality, parties and benefits.
2. The international cooperation content of the sea includes:
a) Investigation, marine research, ocean; scientific application, engineering, and technology;
b) The application with climate change, prevention and warning of natural disasters;
c) The protection of marine biodiversity, marine ecosystems;
d) The prevention of the pollution of the marine environment, which handles waste from marine economic activity, the oil spill response;
Search and rescue in the sea;
e) Room, fight crime in the sea;
g) Sustainable exploitation of marine resources, development of marine tourism.
1. The unity government governs the state of the sea within the country.
2. The ministries, peer agencies, the Provincial People ' s Committee, the central coastal city within the scope of the mission, its powers carry out the state administration of the sea.
The base line for the width of the Vietnamese territorial waters is a straight-line road that has been announced by the Government. The government identified and announced the base road in areas that had no basis on the grounds after being approved by the National Assembly.
The interior is contionated with the coast, in the interior of the base line and part of the territory of Vietnam.
The state implemented complete, absolute and full sovereignty over the interior of the land.
The territorial sea is a sea of 12 nautical miles from the base of the sea.
The outer boundary of the territorial waters is the national border of Vietnam.
1. The state fulfills the full and complete sovereignty over the territorial waters and the region, the seabed and the ground at the bottom of the territorial waters in accordance with the United Nations Convention on the Law of the Sea in 1982.
2. The ships of all countries that are entitled to pass unharmed in the Vietnamese territorial waters. For foreign military ships when carrying out the right to pass unharmed in the Vietnamese territorial waters, inform the authorities of Vietnam's authority.
3. The unharmful passing of foreign ships must be made on the basis of respect for peace, independence, sovereignty, Vietnamese law and the international treaty that the Socialist Republic of Vietnam is a member.
4. Foreign vehicles are not allowed to enter the skies above Vietnam, unless it is agreed by the Government of Vietnam or in accordance with the international treaty that the Socialist Republic of Vietnam is a member.
5. The state has sovereignty over all kinds of archaeological artifacts, historically in the Vietnamese territorial waters.
The territorial waters of the territorial waters are contiviated and are located outside of the territory of Vietnam, which has a width of 12 nautical miles from the outer boundary of the territorial waters.
1. The state exercise sovereignty, national jurisdiction and other rights stipulated at Article 16 of this Law on the territorial waters of the territorial waters.
2. The state takes control in the territorial waters of the territorial waters to prevent and punish violations of the laws of customs, customs, health, and immigration of the territory or in the territory of Vietnam.
The economic zone of the economy is the next sea and is located outside the territory of Vietnam, joining the territorial waters of a sea of 200 nautical miles from the base line.
1. In the area of economic privilege, the State implemented:
a) The sovereignty over exploration, exploitation, management and conservation of resources within the waters of the sea, seafloor, and ground at the bottom of the sea; on other activities to explore, exploit the region for economic purposes;
b) National jurisdiction over installation and use of artificial island, equipment and work on the sea; research for marine science, protection and maintenance of marine environment;
c) Other rights and obligations in accordance with international law.
2. The state respects the freedom of navigation, aviation; the right to order cables, subways and activities that use the legal sea of other countries in Vietnam 's economic zone under the regulation of this Law and the international treaty that the country' s socialist republic. Vietnam is a member, not to harm sovereignty, national jurisdiction and national interest in Vietnam.
The installation of cables and underground pipes must have the written approval of the competent state agency of Vietnam.
3. Organization, foreign individual to be involved in exploration, use, resource exploitation, scientific research, installation of equipment and works in Vietnam ' s economic zone of economic privilege on the basis of international treaties that the Socialist Republic of Vietnam has ever seen. As a member, the contract is signed under the provisions of the Vietnamese law or permitted by the Government of Vietnam, in accordance with the relevant international law.
4. Rights related to the bottom of the sea and the ground beneath the seabed stipulated at this Article is done in accordance with regulation at Article 17 and Article 18 of this Law.
The continental shelf is the seabed and the ground at the bottom of the sea, followed and located outside the territory of Vietnam, across the entire natural extension of the land territory, the islands and islands of Vietnam to the outer edge of the continental edge.
In the outer edge of the continental edge of the continental edge, which is less than 200 nautical miles, the continental shelf is extended to 200 nautical miles from the base line.
In the case of the outer edge of this continental edge beyond 200 nautical miles from the base line, the continental shelf is stretched not more than 350 nautical miles. What? calculated from the base line or not more than 100 nautical miles from the 2,500m deep line.
1. The state exercise sovereignty over the continental shelf on exploration, exploitation of resources.
2. The sovereign rights of regulation at paragraph 1 This is privileged, no one has the right to conduct a continental shelf or exploit the resources of the continental shelf without the consent of the Government of Vietnam.
3. The state has the right to exploit the ground at the bottom of the sea, allowing and regulating the drilling for any purpose on the continental shelf.
4. The state respects the right to place cables, subways and practices using other legal seas of other countries on the Vietnam continental shelf as defined by this Law and the international treaties that the Socialist Republic of Vietnam is a member, not a member of the country. to do the harm to sovereignty, national jurisdiction and national interest in the sea of Vietnam.
The installation of cables and underground pipes must have the written approval of the competent state agency of Vietnam.
5. Organization, foreign individual to be involved in exploration, use, resource extraction, scientific research, installation of equipment and work on Vietnam ' s continental shelf on the basis of an international convention that the Socialist Republic of Vietnam is a member, cooperation with the United States. It is signed by the Law of Vietnam or of the Government of Vietnam.
1. Island is a natural land that has covered water, as the tide on this land remains on the water.
The islands are a collection of islands, including parts of the islands, the next waters and other natural ingredients closely related to each other.
2. Island, the islands of Vietnam ' s sovereignty are the inseparable part of the Vietnamese territory.
1. The proper island for human life or for a private economic life is locally based, territorial, territorial waters, economic and continental shelf areas.
2. Rock Island is not suitable for human life or for a separate economic life without the exclusive economic zone and continental shelf.
3. The interior, territorial waters, territorial waters, the economic and continental shelf of the islands, the islands are determined by regulations on the terms 9, 11, 13, 15, and 17 of the Law, and are represented by the customs, geographical coordinates published by the Government.
1. The state does the sovereignty over the island, the archipelago of Vietnam.
2. The legal regime for the intranet, territorial waters, territorial waters, the economic and continental shelf of the islands, the islands are carried out in accordance with the provisions of article 10, 12, 14, 16, and 18 of the Law.
ACTIVITY IN THE WATERS OF VIETNAM
1. Organization, individuals operating in the waters of Vietnam must respect sovereignty, territorial integrity, sovereignty rights, national jurisdiction and the national interest of Vietnam, adhering to the regulation of Vietnamese law and related international law.
2. The state respects and protects the legal rights and interests of ships, organizations, individuals operating in the waters of Vietnam in accordance with the regulation of Vietnamese law and the international treaty that the Socialist Republic of Vietnam is a member.
1. Going through the territorial waters is the work of foreign ships travelling in the Vietnamese territorial waters to one of the following purposes:
a) Walking past but did not travel to the Vietnamese homeland, nor moored in a port, berths or shelter outside of Vietnam;
b) Go in or leave the interior of Vietnam or leave or leave a port, dock or shelter outside the Vietnamese homeland.
2. The crossing of the territory must be continuous and quickly, except for the event of a maritime incident, an inpossibility incident, a crash or for the purpose of saving people, boats or flying boats.
3. The passing of no harm in the territorial waters is not detrimental to the peace, defence, security of Vietnam, the safety order at sea. The passing of foreign ships in the territory of Vietnam is considered to be detrimental to Vietnam ' s peace, defence, security of Vietnam, the social security order if the ship is to conduct any of the following acts:
a) Đue threatened or used force against independence, sovereignty, and territorial integrity of Vietnam;
b) The threat or use of force against independence, sovereignty and territorial integrity of the other nation; implementation of the contrary acts with the basic principles of international law stipulated in the Charter of the United Nations;
c) Training or reheardance with any type, type of weapon, in any form;
d) Gather information that damages the defense, security of Vietnam;
The propaganda is meant to harm the defense, the security of Vietnam.
e) Launch, receive or line the vehicle on the ship;
g) to launch, to receive or rank military vehicles on ships;
h) Bsnail, unloading goods, money or putting people on the left boat with the regulation of Vietnamese law on customs, taxes, health or immigration;
i) intentionally causing severe pollution of the marine environment;
l) Research, investigation, unauthorized exploration;
m) to affect the operation of the communications system or other equipment or other works of Vietnam;
n) The operation of another operation is not directly related to the passing.
1. When carrying out the right to pass unharmed in Vietnam ' s territorial, organization, foreign individual is obliged to comply with the provisions of the Vietnamese law on the following content:
a) The maritime safety and coordination of maritime traffic, maritime routes, and traffic flow;
b) Maritime assurance of equipment and systems, equipment or other works;
c) Protect the cables and pipes;
d) Conservation of marine life resources;
) Active fishing, mining, and aquacal cultivation;
e) GThousand keeps the marine environment, preventing, restricting and fabricate marine pollution;
g) study marine science and hydrology measurements;
h) Customs, tax, health, immigration.
2. The captain of the foreign boat running by nuclear power or carrying radioactive material, hazardous or dangerous substance, while traveling in the Vietnamese territorial waters is in the following obligation:
a) Carry on full technical documentation involving ships and cargo ships on board, documentation of mandatory civil insurance;
b) Ready to provide the competent state agencies of Vietnam every document concerning the specifications of ships as well as the cargo ship's cargo ship;
c) There is a full implementation of the correct special precautions by the Vietnamese law and the international treaties that the Socialist Republic of Vietnam is applicable to these types of ships;
d) Compliance with the decision of the competent authority of Vietnam on the application of special precautions, including the prohibition not to go through Vietnam 's territorial waters or to be forced to leave Vietnam' s territorial waters in the event of signs or clear evidence. It ' s about the ability to leak or contamate the environment.
1. The government provides for the publication of the maritime route and the flow of traffic in the territory that serves to pass unharmed in order to ensure maritime safety.
2. The foreign ship carrying oil or running by nuclear power or carrying radioactive material, hazardous substances or dangers when passed unharmed in Vietnam ' s territorial waters may be forced to follow the specific regulatory maritime route for each case.
1. To protect sovereignty, defense, security and national interests or maritime safety, protection of resources, marine ecology, anti-pollution, austerity, marine environmental disaster, disease spreading prevention, Government establishing a temporary or temporary prohibition zone, or an unprotected area. The restricted zone of activity within the Vietnamese territorial waters.
2. The establishment of a temporary prohibition zone or restricted zone of operations within Vietnam ' s territorial waters stipulated at 1 Article which must be widely reported in the country and international in the "Maritime Notice", according to the international maritime practice, the slog of 15 days. before applying or notification immediately after applying in case of an emergency.
1. The foreign military and service ship of the foreign service are only entered into the interior, berthed at a port, dock or shelter in the inland or harbour works, the berth or refuge of Vietnam outside the Vietnamese homeland at the invitation of the Government. The Vietnamese government, or under the agreement between the competent authorities of Vietnam and the nation that the ship carries.
2. The military ship and service ship of the foreign country when in the interior, port, dock or shelter in the interior or port, dock or shelter in Vietnam outside the interior of Vietnam must comply with the provisions of this Law and Regulations. Other than the international treaty, the Socialist Republic of Vietnam is another regulated member and must operate in accordance with the invitation of the Government of Vietnam or agreement with the authority of the Vietnamese government. Vietnam.
The foreign military ship operating in the waters of Vietnam, which has a violation of Vietnamese law, the Vietnamese maritime patrol, controlled on the seas of Vietnam, has the right to ask that ships to end their violations, leaving the territory of Vietnam. South immediately if he is in Vietnam. The ship's ships must comply with the requirements, orders of the patrol force, control over the seas of Vietnam.
The military ship, the foreign service boat operating in the Vietnam Sea, which has a violation of Vietnamese law or international law is concerned, the nation the vessel carries a flag responsible for any damage or damage. That ship was inflicted on Vietnam.
Internally, Vietnam ' s territorial waters, submarines and other foreign vehicles must operate in a floating state on the surface and must hang a national flag, unless the case is permitted by the Government of Vietnam or by agreement between the Government of Vietnam. South and the government of the nation that ships carry the flag.
1. Within the scope of the mission, its jurisdiction, the force of the patrol, the control over the sea has the right to conduct measures to capture the person, which is investigating the crime that occurred on the foreign ship after leaving the interior and was travelling in the Vietnamese territorial waters.
2. For the crime to occur on a foreign ship that is traveling in Vietnam ' s territorial waters but not immediately after leaving the Vietnamese homeland, the force of the patrol, the control over the sea has the right to conduct arrests, investigate in the following cases:
a) The consequences of the crime affecting Vietnam;
b) The crime is of the destructive nature of Vietnam ' s peace or order in the Vietnamese territorial waters;
c) The captain or a foreign minister or consujury officer of the nation the vessel carries the flag that requires the help of the competent authorities of Vietnam;
d) To prevent the behavior of buying people, purchasing, stockpiled, transporting illicit drugs.
3. Patrol forces, control over the sea are not conducted any measures on foreign ships travelling in Vietnam 's territorial waters to arrest the person or investigate the offences that had occurred before the ship went into Vietnam' s territorial waters if the ship was killed. That ship comes from a foreign port and goes only in the territorial waters without going into the Vietnamese homeland, except for the need to prevent, restrict the pollution of the marine environment, or to exercise the right of national jurisdiction at the point b 1 Article 16 of the Law. Hey.
4. The implementation of the criminal proceedings must conform to the regulation of the Vietnamese law and the international treaty that the Socialist Republic of Vietnam is a member.
1. Patrol forces, air control over the sea, are not forced to force foreign ships in the territory to stop or change their journey solely for the purpose of carrying out civilian jurisdiction over the ship.
2. Patrol forces, control over the sea not to proceed to the civilian arrest or treatment measures for foreign ships travelling in the waters of Vietnam, except in the interior of the country, except for the case of enforcement of these measures related to the obligation. The mission was committed or the civilian responsibility that the ship had to take during the journey through or to be passed through the Vietnamese waters.
3. Patrol forces, control over the sea, may apply for safekeeping or handling of foreign ships for the purpose of carrying out civilian jurisdiction if that ship is docked in territorial waters or through the territorial waters after leaving Vietnam.
The organization, the individual and the ship in the harbor, the harbour or shelter in the interior or in the port, the dock or shelter of Vietnam outside the interior of Vietnam are only carried out in contact with the laws of the law. Vietnam and the international law are related.
1. The case of people, boats or means of flight to be encountered or dangerous in the sea needs help, the emergency distress signal must be issued, and when conditions allow for the right to notify the port of shipping or the search and coordination center, rescue operations. Vietnamese maritime authorities or the nearest local authorities know to be helped, necessary guidance.
2. When the recognition of a human condition, boat encounter or danger or receiving the distress signal of a person, the vessel is in distress or danger that needs to be saved, all individuals, other ships must be by all means of saving people, boats meet. The accident or danger if the actual conditions allow and does not pose a danger to the ship, the people who are aboard their boats and promptly inform the individual, the organization concerned.
3. The state guarantees the necessary help by the provisions of the Vietnamese law, the relevant international law and on the humanitarian spirit so that the person and boat to encounter or the danger on the sea can be quickly searched, saved, remediation.
4. In the interior of Vietnam, the state of Vietnam, the state has the privilege of carrying out search, rescue, rescue, rescue, rescue, rescue, rescue, rescue, rescue, and rescue operations.
5. The competent force has the right to mobilize individuals, ships that are operating in the waters of Vietnam to participate in search, rescue, if actual conditions allow and do not pose a danger to the individual, that ship.
The provision and requirements of regulation at this paragraph are only made in case of an emergency and only in the time required to carry out the search, rescue, and rescue work.
6. Maritime rescue is carried out on the basis of a maritime rescue contract under the agreement between the boat owner or boat captain to rescue the ship with the boat owner or captain of the encounter boat, in accordance with the French regulations. The laws of Vietnam and the international law are related.
7. The foreign vessel into the waters of Vietnam carried out the search, rescue, disaster remediation, disaster at the suggestion of Vietnam ' s authorship agency to follow the regulations of Vietnamese law and the international treaty that the Republic of Vietnam had to offer. The Socialist Republic of Vietnam is a member.
1. artificial island, equipment, sea construction including:
a) The sea rigs across the sea and all other dependent parts ensure the normal and continuous operation of the rig or the specialized equipment for exploration, extraction and use of the sea;
b) Maritime signaling types;
c) The other devices, the other works are installed and used at sea.
2. The state has jurisdiction over artificial islands and equipment, maritime works in the region of Vietnam's economic and continental shelf, including jurisdiction under the laws of customs, customs, health, security and entry.
3. The artificial islands, the equipment, the marine work and the attached or dependent parts have a safety belt of 500 meters from the island's most protruding point, equipment, construction or other parts, but without its territorial waters and seas.
4. No artificial island building, equipment, construction on the sea as well as not setting up the safety belt around artificial island, equipment, sea construction at the site of the risk of causing obstacles to the use of marine roads has been acknowledged as essential. It ' s weak for international shipping.
5. When the expiration of the shelf life, the device, the sea structure must be removed from the Vietnamese waters, except for the case under the authority to permit it. For the rest of the device, the sea-based construction has not been fully dismantled due to technical or permitted reasons to specify location, size, shape, depth, and order of signals, maritime signaling and proper danger.
6. Information related to the establishment of artificial island, equipment, sea construction, the establishment of the surrounding safety belt and the partial dismantling of the equipment, the marine work must be offered the slog before 15 days before the day. began to establish or dismantle the artificial island, equipment, sea construction for the state agency with the authority of Vietnam and is widely informed in the country and internationally.
1. When operating in Vietnamese waters, ships, organizations, individuals must comply with all the provisions of the Vietnamese law and international law that is involved in the preservation, protection of resources and the marine environment.
2. When shipping, impulsable, unloading the types of goods, devices that are potentially harmful to the resource, human life and pollution of marine environment, ships, organizations, individuals must use the equipment and specialized measures prescribed to prevent and prevent the disease. Maximum restrictions can occur for people, resources, and marine environments.
The three ships, the organization, the unreleased individual, the sinking or burial of industrial waste, nuclear waste or other toxic waste disposal in the waters of Vietnam.
4. Boat, organization, individuals violating the regulation of Vietnamese law and international law related to affecting the resources and the marine environment in the waters, seaport, marina, or the refuge of Vietnam are processed under the rule of law. Vietnam and the international treaties for which the Socialist Republic of Vietnam is a member; if the damage is made to clean, restore the environment and compensate for the rule of law.
5. Organization, individuals operating on Vietnamese waters that are obligated to pay taxes, fees, fees, and other contributions to the protection of marine environment under the provisions of Vietnamese law and the international treaty that the Socialist Republic of Vietnam is a member.
1. Boat, organization, foreign individual conducting scientific research in the waters of Vietnam must have a permit of the authorities of Vietnam 's authority, subject to the supervision of the Vietnamese side, guaranteed for Vietnamese scientists to be involved and the country' s authority to do so. has to provide the Vietnamese side of the material, the original specimen, and related research results.
2. When conducting scientific research in the waters of Vietnam, ships, organizations, individuals must comply with the following regulations:
A peaceful purpose;
b) Be done with the appropriate method and means, in accordance with the regulation of the Vietnamese law and the relevant international law;
c) Not to interfere with the legal activities on the sea by the regulation of the Vietnamese law and the relevant international law;
d) The State of Vietnam has the right to participate in the scientific research of foreign science in the region of Vietnam and has the right to share documents, original specimens, use and exploit scientific results obtained from research activities, such surveys.
When the freedom of navigation, freedom of aviation in the area of economic privileges and the Vietnam continental shelf, organized, the individual was not conducted following the following activities:
1. Threat to the sovereignty, defense, security of Vietnam;
2. The unauthorized exploitation of the animal resource, the capture of the illegal seafood;
3. The unauthorized exploitation of flow, wind energy and other non-organism resources;
4. Build, install, use unauthorized use of devices, artificial work;
6. conducting unauthorized scientific research;
7. Marine environment pollution;
8. Pirate, armed robbery;
9. Other illegal activities according to the regulation of Vietnamese law and international law.
When operating in the waters of Vietnam, ships, organizations, individuals who are not stockpiled, used, purchased against illegal weapons or explosives, hazardous substances as well as other types of equipment are potentially harmful to people, resources and environmental pollution, the report said. Marine school.
1. When operating in the waters of Vietnam, ships, organizations, individuals who are not bought for sale of people, shipping, stockpiled, illegal purchases of narcotics.
2. When there is a base on ships, organizations, individuals who are buying people or shipping, stockpiled, illegal purchases of drugs, the forces of patrols, maritime control of Vietnam have the right to conduct a search, check, arrest, lead to other countries. The port, the dock, or the parking place of Vietnam or the anchorage, transfers to ports, berths, or foreign shelters as defined by the law of Vietnam or the international treaties that the Socialist Republic of Vietnam is a member of its disposal.
When operating in the Vietnamese waters, ships, organizations, individuals were not allowed to broadcast unauthorized or propaganda, causing damage to the defense, security of Vietnam.
1. Patrol forces, control over the sea have the right to pursue foreign ships in violation of the provisions of the Vietnamese law if these vessels are in the interior, territorial waters and the contionation of Vietnam ' s territorial waters.
The pursuit of the pursuit was conducted after the force of the patrol, the control over the sea, issued a signal for a violation of the ship, or a sign of violation of the law, to conduct inspection, but the ship did not proceed. The pursuit can be continued beyond the boundaries of the territorial waters or the contionated region of the South if continuous, uninterrupted.
2. Rights of the pursuit is also applicable to the violation of the sovereignty rights, the national jurisdiction of Vietnam, which violates the safety perimeter and on artificial islands, equipment, sea works in the region of economic privilege and the continental shelf. The South Vietnamese.
3. The pursuit of the patrol forces, the control of Vietnam ended when the ship was pursued into another country's territorial waters.
Sustainable sea economic development, effective according to the following principles:
1. Serve the construction and development of the economy-the society of the country.
2. Attend to the career of defending national sovereignty, defence, security and safety order at sea.
3. In accordance with the requirements for resource management and marine environment protection.
4. Attend to the economic development-the society of coastal and insular localities.
The state prioritits the development of the following marine economies:
1. Search, exploration, extraction, oil processing, gas and other types of resources, marine minerals;
2. Sea transport, seaport, new closure and repair of boats, seaboard vehicles and other maritime services;
3. Sea and island economics;
4. Mining, farming, seafood processing;
5. Development, research, application and transfer of science-technology on the exploitation and development of marine economics;
6. Build and develop the source of marine manpower.
1. The base of marine economic development planning includes:
a) Strategy, the overall planning of economic development-the society of the country; the national environmental protection strategy;
b) The strategic orientation strategy and sea strategy;
c) The characteristic geographic location, the natural law of the waters, the coastal regions and the islands;
d) The results of the fundamental investigation of the resources and the marine environment; in fact and forecasting the need for extraction, the use of resources and the protection of the marine environment of the country, of the region and of the provinces, the central coastal city;
The cost of resources and the level of vulnerability of the marine environment;
e) The resources to implement the planning.
2. The planning content development of the sea economy includes:
a) Analysis, assessment of natural, economic-social conditions and mining status, sea use;
b) Define the direction, objectives, and orientation use of resource rationing and protection of the marine environment;
c) The region uses the sea for the purposes of economic development-society, defence, security; identification of prohibited mining regions, conditional mining regions, areas requiring special protection for defense, security, environmental protection, and conservation of systems. ecological and artificial island, equipment, construction on the sea;
d) Define the location, area, and expression on the map of the marine, seafloor, island;
The specific identification of vulnerable coastlines such as the floodplain, the coast of erosion, forest of defense, wetland, coastal sand, defining buffer zones and having management solutions, protection of the right;
e) Solution and progress execution progress.
3. The government builds the overall methodology of developing the regulated marine economics at Article 43 of this Law and the organization that imples the planning of planning, the use of the sea by both the National Assembly of Congress, the decision.
1. The state has a policy of building investment, development of the economic zones, the coastal industrial cluster, economic-planning, and sustainable development of the island.
2. The delivery of certain marine areas to the organization, the individual exploitation, the use of marine resources is carried out by the government regulation.
1. The first state to invest in infrastructure construction, the maritime logistics network, economic development of the island districts; there is preferable policy to enhance the physical life, the spirit of the inhabitants living on the islands.
2. The state encourages, tax incentives, capital, facilitalization of the organization, the investment personal exploitation of potential and the strengths developed on the islands.
3. The state encourages, tax incentives, capital, facilitalization of the organization, individuals to increase fishing and other activities on the sea, island; protect the activities of the people of the sea, island.
4. The government regulates this.
PATROL, SEA CONTROL
1. Patrol forces, maritime control include: competent forces of the People's Army, People's Public Security, patrol forces, other specialized controls.
2. The self-defense militia of the provinces, the central coastal city, the security forces of the organization, the coastal body and other forces that are responsible for the patrol, control over the sea when the authority is mobilized.
1. Patrol force, control over the sea with the following mission:
a) The protection of sovereignty, sovereignty, jurisdiction and national interest in the seas, the island of Vietnam;
b) Assure of adhering to Vietnam law and the international treaties that the Socialist Republic of Vietnam is a member;
c) the protection of state property, resources and marine environment;
d) Protect, help, search for rescue, rescue of people, ships operating in the waters, islands of Vietnam;
) Handling violation of law on the seas, the island of Vietnam by the rule of Vietnamese law.
2. The specific liability range of the patrol forces, the control over the sea carrying out the laws of law.
3. The state guarantees the necessary conditions for the forces to patrol, control over the sea completing the assigned mission.
When the mission was taken, the ship of the patrol force, the control over the sea had to be fully equipped with the Vietnamese flag, the number of flags, the flag, and the men of the patrol force, the control over the sea equipped with enough uniforms, the uniforms of the force. Along with other signs of law.
1. Based on the rule of law, depending on the nature, the extent of the breach, the force of the patrol, the control over the sea, the decision to handle the breach at the site or the person, the ship that violated the shore or the requirements of the national agency that the ship carried, The country where the ship came to handle the breach.
2. When taking the league to the shore to handle, the person and the violation ship must be applied to the port, the nearest dock or shelter listed in the port catalogue, the dock or shelter that has been published by the authorities of Vietnam under the rule of law.
In case of a request for safety security, the property of the person on board, the patrol force, the control over the sea could decide to lead the person and ship that violated it to the port, the nearest land or shelter of Vietnam or the foreign country. according to the rule of law.
1. Individuals with violations of the law may be arrested, detained, detained; boats used to carry out violations of the breach may be detained in order to prevent breaches of the law or to secure legal treatment.
2. The arrest, detention, detention of persons with violation of the law; the temporary detention of the vessel is carried out by the rule of law.
When the arrest, detention, detention of persons with a violation of the law, or the detention of foreign ships, patrol forces, sea control, or state authorities have the authority to inform the Ministry of Foreign Affairs to coordinate the treatment.
The agency, the organization, the individual who acts in violation of the laws of the law, is subject to the nature, the degree of violation that is subject to disciplinary action, the punishment of the administrative breach, if the damage is caused by the law; the individual breach can be found. We're looking for criminal justice.
The law came into effect on 1 January 2013.
The government regulates the details and guidelines of the conduct of the law.
The law was held by the National Socialist Republic of Vietnam XIII, the third session through June 21, 2012.
President of Congress.
Nguyen Gung Xiong