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Decree 31/cp: Regarding Regulation For Foreign Ships Operating On The Waters Of The Socialist Republic Of Vietnam

Original Language Title: Nghị định 30/CP: Về quy chế cho tàu thuyền nước ngoài hoạt động trên các vùng biển của nước Cộng hoà xã hội chủ nghĩa Việt Nam

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DECREE NO. 30/CP on 29 January 1980 on REGULATION for FOREIGN SHIPS OPERATING on the WATERS of the SOCIALIST REPUBLIC of VIETNAM GOVERNMENT COUNCIL pursuant to the Act Government Council adopted by the National Assembly on 14 July 1960;
Based on statement of 12 May 1977 by the Government of the Socialist Republic of Vietnam on the continental shelf seas and Vietnam;
To protect and make the sovereignty of Socialist Republic of Vietnam for the Vietnam continental shelf waters and DECREE, chapter I GENERAL PROVISIONS article 1-foreign boats said in the Decree include the military boats, military and not every waterway transit , not owned by the State, collective or citizens of the Socialist Republic of Vietnam.
Article 2-All foreign ships operating on the waters of Vietnam (including the in, out, back, stay, and do other work) must respect the sovereignty of the country the Socialist Republic of Vietnam for the sea, to the full observance of the provisions of this Decree and the law mode, the other relevant regulations of the Socialist Republic of Vietnam, by the competent authority of the State of Vietnam.
Boat foreign operations in Vietnam's waters are subject to the supervision and the control of Vietnam forces competent to ensure the respect and observance of this Decree and the laws, other regulations, regimes have related of the Socialist Republic of Vietnam.
Article 3-foreign vessels when want to go into the waters of Vietnam must follow the following procedure: a. non-military vessels used to transport purposes and trafficking in the Cabinet or Vietnam's ports and aquaculture must seek permission of Ministry of transport of the Socialist Republic Vietnam for at least seven days before and, after being allowed to enter, must notify the Ministry of transportation of the Socialist Republics Vietnam twenty four hours before starting to come in Vietnam waters.
b. non-military vessels to transport purposes and trafficking in the Cabinet or Vietnam's ports and aquaculture must seek permission of the Government of the Socialist Republic of Vietnam through diplomatic lines at least fifteen days in advance, and after being allowed to enter, must notify the Ministry of transport of the Republic of Vietnam Socialist forty eight hours before the start going into Vietnam waters.
c. military vessels (including warships and auxiliary ships) to the contiguous region of Vietnam must ask permission of the Government of the Socialist Republic of Vietnam (diplomatic pass) at least thirty days prior to, and after being allowed to enter, must notify the local equivalent of Vietnam military (through The water transportation of the Socialist Republic of Vietnam) forty-eight hours before starting to go into the contiguous region of Vietnam.
Article 4-foreign boats to our country at the invitation of the Socialist Republic of Vietnam, will according to the Statute, not under the scope of this Decree.
Article 5-military boats of the same country allowed into the territorial or internal hydro Vietnam not stay parked too three in the same time and the time of stay of each bean is not too a week, unless the Government of the Socialist Republic of Vietnam.
Article 6-foreign boats in the event of an emergency could not overcome as experiencing natural disasters, accident menace to the safety of vessels and the lives of those who go on boats ... must stop or drop anchor in Vietnam waters, they must find every way to communicate quickly and report immediately to the competent authority in Vietnam where the closest; must bear all the control of the authorities in Vietnam to clarify the truthfulness of the reason yet, and must comply with all instructions of the authorities in Vietnam.
Article 7-the Socialist Republic of Vietnam is reserved for himself the right to rescue the foreign vessels were in distress in forestry, territorial and contiguous region of Vietnam.
 
CHAPTER II SPECIFIC PROVISIONS for FOREIGN VESSELS when OPERATING on the WATERS of VIETNAM article 8-foreign vessels when in Vietnam, in addition to outstanding civil flag of hydro water that ships nationality, to hang the flag of Vietnam at the peak of the highest forward-ship column; to the full observance of the provisions on signal lights in accordance with the type of ships and the operation of the ship, by the competent agency of Vietnam issued and in accordance with the General rules of international law on maritime transport.
Article 9-in Vietnam, territorial and foreign boats have to go quickly, constantly, in the correct route and properly regulated corridors, not in the zone.
Article 10-foreign submarines (including military and civilian submarine) when allowed into contiguous regions, territorial and internal hydro Vietnam, and when parked in the port of Vietnam, necessarily in floating position, should hang the flag of the country that ships that carry the nationality. Foreign submarines must also complete the executive regulations for the foreign vessel type away in the contiguous zone, the territorial and civil marine and Vietnam when stay parked in the port of Vietnam.

Article 11-foreign boats are not conducting any investigation or exploration activity study of natural resources, living things and non living things in the territorial sea, the exclusive economic zone of Vietnam, for economic purposes or scientific purposes, except with permission of the Government of the Socialist Republic of Vietnam.
Article 12-foreign boats are not the absolute progress catching activities, exploitation, the sale of any kind of any kind what the produce of the territorial, contiguous zone and the exclusive economic zone of Vietnam, except with permission of the Government of the Socialist Republic of Vietnam.
When travelling in the economic zone of Vietnam, foreign fishing boats had to take off the grid and other fishing tools in the Bay, to bring about the State to preserve all kinds of probes, detection, example lead fish, etc.
Article 13-foreign vessels operating in the waters of Vietnam (except foreign vessels under a separate statute says in article 4 above) is not to do the following: a. military exercise, use of force or the threat of use of force security menace, confusing the order of the Socialist Republic of Vietnam in the contiguous zone territorial, hydro, Vietnam;
b. conduct of work harmful to the defence, for the peace, order, security of the Socialist Republic of Vietnam; propaganda against the Socialist Republic of Vietnam;
c. interference for all systems of communication, any type of equipment, the Socialist Republic of Vietnam;
d. use the radar, ultrasonic generators, air observation, measurement, the equipment, diving and other machines, for measurement, survey, exploration of geographic situation, Hydrometeorogical, bottom, the depth or any other exploration targets within the territorial and Vietnam;
e. filming, photographing, use of equipment, electronics, acoustics, optics, radio, television and other media, other technical equipment to collect intelligence, data records, documents related to security, defence, the economy of Vietnam, when in the water, territorial and contiguous region of Vietnam , filmed, photographed, drawn or recorded onto these devices, goods in the port, the military equipment, economic institutions, scientific research base on the road to the port or in the port;
g. launched, landing or bringing up boats of all types of media; taking out ships, unloaded or picking up boats of all types of military vehicles in water, territorial sea and the contiguous region of Vietnam without permission of the Government of the Socialist Republic of Vietnam;
h. Discharge the smoke blinded, shoots pistols, fired the signal, and use the explosives in water, territorial and contiguous region of Vietnam on any purpose, except in cases of emergency when the signal fire and shoot the gun salute if military vessels are already allowed to visit to the Socialist Republic of Vietnam;
i. unloaded, picking up boats and buy sell, barter any products, goods, money, precious metals, precious stones, etc. contrary to the provisions of the financial rules, customs, quarantine ... of the Socialist Republic of Vietnam;
k. Take people off the boats or take people down to the boats that are not in accordance with the immigration laws of the Socialist Republic of Vietnam; harbouring, complicity, cover up or reach for those who violate the laws of Vietnam in water, territorial and contiguous region of Vietnam.
In case of emergency need to bring up the boat people in distress in the Interior, the territorial and contiguous region of Vietnam, must immediately notify the authorities know Vietnam to handle.
l. hinders for activity of maritime transport, fishing, activities for cultivating sea products and exploitation of the marine resources of the State, collective or citizens of the Socialist Republic of Vietnam on Vietnam waters;
m. use of crash alarm not true, to arbitrarily stop, moored in the territorial or internal hydro Vietnam;
n. port Access and contact with other boats; bringing people and goods up and down the boat, not the right place was stipulated in the territorial scope, and the ports of Vietnam. The canoe, speedboats and other vehicles of the boats dropped to contact duty are only allowed to travel within the area due to local regulatory authorities.
Article 14-foreign boats have fixed armament and weapons stored in the on board, prior to the contiguous zone, the territorial and internal hydro, Vietnam must take all of the weapons on the preservation, namely:-to remove the Bullet from the barrel, distilled into Ark shells have tags;
-The barrel, lock the guns to obliterate fat-filled and stored in covered or covered with canvas.

Article 15-foreign vessels when in the Cabinet of Socialist Republic of Vietnam, is the sealing all types of machines, equipment, communications, observation of electrical engineering ... All contact with anywhere, including touch on water that boats, citizenship must through the contact centre of the port of Vietnam that boats stay parked. The active radio contact, transmission, hand flags, etc. with any objects, are regarded as violations of sovereignty, the security of the Socialist Republic of Vietnam.
Article 16-When going through the territorial sea and the contiguous region of Vietnam, the ship run by the Atomic Energy and the transport of radioactive substances or carrying the equipment, use of radioactive material, or use of the transportation of dangerous substances or other malicious, are willing to give the Vietnam authorities the technical documentation needed and to apply the Professional measures to prevent dangerous and toxic in accordance with the regulations on the prevention and protection of the environment and in accordance with international agreements.
Article 17-foreign boats are not throw away the waste and toxic substances polluting the environment in the region and the Mainland of the Socialist Republic of Vietnam and to adopt adequate measures to combat and prevent environmental pollution, immediate or long term harmful for people and creatures.
Where there is danger of serious pollution occurred, the Government of the Socialist Republic of Vietnam will adopt all measures to treat to prevent consequences, save the lives of those on the boats or protect humans and creatures in the area was threatened. Polluting ships will be responsible and must compensate any immediate and long-term damage caused by the pollution caused by the law of the Socialist Republic of Vietnam.
Article 18-foreign vessels when going into or out of the ports of Vietnam, Vietnam Navigator required to use under the guidance of Socialist Republic of Vietnam; have to accept the full rules of the port that you are stay parked.
Article 19-in addition to the train service was allowed, foreign boats are not out to 500 meters wide safety zone (from the outermost points) of the construction, equipment, artificial islands, etc. refers to the exploration and exploitation of natural resources in the seabed and the ground under the sea that Vietnam put or allow to place in the continental shelf waters and Vietnam. Those boats walked outside the safe zone also must comply with the rules on maritime safety guarantee to not harm the safety of the works.
Article 20-in addition to the provisions in this Decree, foreign ships must comply with the full range of current law regulations for the region of the sea, the harbor and the land on the banks of the Socialist Republic of Vietnam.
 
CHAPTER III CONTROL and HANDLING article 21-The sea of Socialist Republic of Vietnam was delivered to the following forces: a. the Navy people and the Vietnam people's army unit on duty protecting the Islands;
b. the Vietnam border guard;
c. Vietnam people's police on duty to patrol on the sea;
d. half-armed forces on the transport ships and fishing boats of Vietnam was given the responsibility of control by ask the work and has bearing clear signs;
e. The control forces the expertise of customs, health, quarantine of the Socialist Republic of Vietnam mission control each side of his industry.
Each control force on Vietnam's maritime activity in the scope of the authority and its professional fields at the same time works closely with other control forces to conduct control measures, the necessary supervision.
While on duty, the ships of the sea forces of the Socialist Republic of Vietnam to carry the flag of Vietnam, together with the flag of his specialization. The staff must wear the badge, the badge according to regulations. The staff of the air force official rules must have the credentials of the competent authorities and must bring clear signs.
Article 22-The sea force of Vietnam, tasked to: a. protect the sovereignty and the rights of the Socialist Republic of Vietnam on the waters, against all conspiracy and violations in any form the continental shelf seas and Vietnam;
b. monitoring, controlling foreign vessels operating in the internal waters, contiguous region, Vietnam, in the observance of this Decree and other laws, regulations on customs, health, finance, immigration, immigration, immigration, immigration, etc. of the Socialist Republic of Vietnam;
c. help other agencies have task management on the implementation of the control function has been entrusted to the State.
Article 23-To perform the tasks specified in article 22 of this Decree, the control forces on the seas of Vietnam have the right:

a. ordered foreign boats pulled the flag of Vietnam or the country in which the ship carrying the nationality and answered the questions necessary to verify the nationality of the boats, the reason and the legitimacy of the boats that operate in the territorial water, and contiguous region of Vietnam or answer about these suspicious signs violate the rights of Vietnam in economic zone and the continental shelf of Vietnam;
b. ordered the foreign boats to stop for inspection, examine when there are suspicious signs violate the sovereignty and the rights of Vietnam in Vietnam waters.
If necessary can warn or orders forcing foreign boats that must change, or leaving Vietnam waters;
c. Set the minutes, captured ships and the delinquency, collect any evidence of violations of mourning and led the tournament in that boat on the ports or marinas for delivery to the competent authorities;
d. When necessary, taking military measures against the illegal boats not to obey orders, or intend to fight order by force; apply the right to pursue the illegal boats fled.
Article 24-foreign vessels violated the provisions of this decree or regulation is in place to implement this Decree will be the competent agency Vietnam sanction by the following forms: a. warning;
b. revoking licenses, and boats exiled out of the waters and territory of Vietnam;
c. an amount can be up to 10000 Dong Vietnam (in a common currency according to the current exchange rate).
If re-offense or if the aforementioned violations which cause significant damage or cause other severe consequences, then the perpetrators will be prosecuted before the courts of Vietnam and judging by the current laws of the Socialist Republic Vietnam.
Article 25-The violation of foreign vessels in the waters of Vietnam will by the provincial people's Committee and the central cities of the Socialist Republic of Vietnam treats.
This processor powers including the custody illegal boats, the exhibits, the accused to investigate and handle according to the form of the aforementioned article 24 or to profile prosecution before the courts depending on the severity of the offense.
Article 26-the Minister of the Ministry of transport, defence, the Interior, foreign trade, Foreign Affairs, in coordination with the ministries concerned and the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.