Nghị định 146/2013/ND-CP

DECREE

ON ANNOUNCEMENT OF SEA LANES AND TRAFFIC SEPARATION IN THE TERRITORIAL SEA OF VIETNAM

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Maritime Code of Vietnam;

Pursuant to the June 21, 2012 Law on the Sea of Vietnam;

Pursuant to the June 17, 2003 Law on National Boundaries;

At the proposal of the Minister of Transport,

The Government promulgates the Decree on announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the announcement of sea lanes and traffic separation in the territorial sea of Vietnam for vessels’ innocent passage for the purpose of ensuring safety of navigation.

Article 2. Subjects of application

This Decree applies to agencies, organizations and persons involved in the announcement of sea lanes and traffic separation in the territorial sea of Vietnam and vessels operating in the territorial sea of Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Sea lanes means routes for vessels to navigate in the territorial sea of Vietnam, which are limited by points with positions and coordinates determined and announced by competent state agencies for indication to organizations, individuals and vessels when operating in the territorial sea of Vietnam.

2. Announcement of sea lanes in the territorial sea of Vietnam means competent state agencies publicizing in appropriate forms to organizations, individuals and vessels positions, coordinates and technical specifications of sea lanes in the territorial sea of Vietnam.

3. Traffic separation in the territorial sea of Vietnam means competent state agencies providing and instructing vessels’ innocent passage through the territorial sea of Vietnam for the purpose of ensuring safety of navigation.

Article 4. State management of announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

1. To elaborate and promulgate legal documents, standards and technical regulations and techno-economic norms related to the announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

2. To carry out international cooperation in and join treaties related to the announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

3. To establish and announce sea lanes and traffic separation in the territorial sea of Vietnam.

4. To organize the implementation of Vietnamese law and treaties to which Vietnam is a contracting party regarding announcement and management of sea lanes and traffic separation in the territorial sea of Vietnam.

5. To organize the management of protection of the marine environment, national defense, security; to examine and supervise activities on sea lanes and traffic separation in the territorial sea of Vietnam.

6. To inspect, examine, and handle violations in accordance with law.

Article 5. Responsibilities for state management of announcement of sea lanes and traffic separation in the territorial sea of Vietnam

1. The Government shall perform the uniform state management of announcement of sea lanes and traffic separation in the territorial sea of Vietnam for vessels' innocent passage for the purpose of ensuring safety of navigation.

2. The Ministry of Transport shall organize the establishment, announcement and management of sea lanes and traffic separation in the territorial sea of Vietnam. The Vietnam Maritime Administration shall perform the state management of announcement and management of sea lanes and traffic separation in the territorial sea of Vietnam according to its assigned functions, tasks and powers.

3. Within the ambit of their functions, tasks and powers, ministries, sectors and provincial-level People’s Committees shall perform the state management of announcement of sea lanes, traffic separation and operation of vessels in the territorial sea of Vietnam.

Chapter II

ESTABLISHMENT AND ANNOUCEMENT OF SEA LANES AND TRAFFIC SEPARATION IN THE TERRITORIAL SEA OF VIETNAM

Section 1. ESTABLISHMENT AND ANNOUCEMENT OF SEA LANES IN THE TERRITORIAL SEA OF VIETNAM

Article 6. Establishment of sea lanes in the territorial sea of Vietnam

1. The establishment of sea lanes in the territorial sea of Vietnam for innocent passage and assurance of safety of navigation for vessels must comply with Vietnamese law, the 1982 United Nations Convention on the Law of the Sea and other treaties related to the establishment of sea lanes in the territorial sea to which the Socialist Republic of Vietnam is a contracting party.

2. Establishment of sea lanes in the territorial sea of Vietnam:

a/ On the basis of positions and specific conditions of territorial sea of the mainland, territorial sea of islands and territorial sea of archipelagos of Vietnam, the Ministry of Transport shall organize the establishment of sea lanes in the territorial sea of Vietnam.

b/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, making and distributing nautical charts showing sea lanes and traffic separation in the territorial sea of Vietnam for innocent passage and assurance of safety of navigation for vessels.

Article 7. Competence to announce sea lanes and traffic separation in the territorial sea of Vietnam

1. The Ministry of Transport shall announce sea lanes and traffic separation in the territorial sea of Vietnam.

2. The Ministry of Foreign Affairs shall coordinate with the Ministry of Transport and related agencies in notifying international organizations of sea lanes and traffic separation in the territorial sea of Vietnam in accordance with Vietnamese law and relevant treaties.

Article 8. Contents of announcement of sea lanes and traffic separation in the territorial sea of Vietnam

1. Names of sea lanes in the territorial sea of Vietnam.

2. Positions, coordinates and technical specifications of sea lanes in the territorial sea of Vietnam.

3. Information related to traffic separation in the territorial sea of Vietnam.

4. Indications for vessels’ innocent passage on sea lanes and traffic separation in the territorial sea of Vietnam.

5. Other necessary information.

Article 9. Forms of announcement of sea lanes and traffic separation in the territorial sea of Vietnam

1. Sea lanes and traffic separation in the territorial sea of Vietnam are announced in the following forms:

a/ Distribution of nautical charts or relevant paper or electronic documents for sea navigation;

b/ Dispatch of marine notices;

c/ Making a directory of sea lanes and navigable channels in the territorial sea of Vietnam;

d/ Other relevant forms in accordance with law.

2. The Vietnam Maritime Administration shall:

a/ Organize the dispatch of notices to mariners for announced sea lanes and traffic separation in the territorial sea of Vietnam under regulations;

b/ Organize the making and distribution of a directory of sea lanes and navigable channels in the territorial sea of Vietnam.

3. Funds for making and distributing a directory of sea lanes in the territorial sea of Vietnam come from the state budget and other lawful funding sources.

Section 2. TRAFFIC SEPARATION IN THE TERRITORIAL SEA OF VIETNAM

Article 10. Traffic separation in the territorial sea of Vietnam

1. Vessels that pass through the territorial sea of Vietnam without entering the internal waters of Vietnam shall follow their voyage according to announced sea lanes in the territorial sea of Vietnam.

2. Vessels that pass through the territorial sea of Vietnam to enter the internal waters of Vietnam shall make their voyage as follows:

a/ Vessels transporting cargos, passengers and luggage or military vessels and non­commercial vessels that enter Vietnamese seaports shall go to announced pilot boarding grounds and clear formalities for vessels to enter seaports according to separate regulations of the Government of the Socialist Republic of Vietnam.

b/ The captain of a vessel that enters the internal waters of Vietnam without going to a Vietnamese seaport in the cases below shall promptly notify the regional maritime administration of the reason and purpose of the vessel’s entrance into the internal waters of Vietnam:

- Giving first aid to crewmembers or passengers onboard;

- Sheltering from storms;

- Carrying out search and rescue activities; transferring people, assets or vessels rescued at sea;

- Remedying vessels’ incidents or accidents at sea;

- Other necessary cases.

Article 11. General requirements for vessels conducting innocent passage through the territorial sea of Vietnam

1. All kinds of vessels regardless of their flag states and tonnage may conduct innocent passage through the territorial sea of Vietnam but shall respect peace, independence, sovereignty and law of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party and the principle of prevention of collision of vessels at sea provided by the Minister of Transport.

2. When passing through the territorial sea of Vietnam, vessels shall fly the national flag of Vietnam on the top of the highest mast, ran constantly and fast and fully observe related provisions of Vietnamese law and the 1982 United Nations Convention on the Law of the Sea, unless they suffer marine incidents, force majeure events or accidents or they rescue people, vessels or airplanes in distress.

3. Foreign submarines and other foreign underwater vehicles shall operate on the water surface and fly their state flags unless other-wise permitted by the Vietnamese Government or agreed upon between the Vietnamese Government and the governments of the flag states.

4. When operating in the territorial sea of Vietnam, nuclear-powered foreign vessels or those carrying radioactive, hazardous or dangerous substances shall:

a/ Bring all technical documents related to the vessels and cargo onboard and documents on compulsory civil insurance;

b/ Be ready to provide competent state agencies of Vietnam with all documents related to technical specifications of the vessels and cargo onboard;

c/ Take all special preventive measures as prescribed by Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party applicable to these vessels;

d/ Comply with competent Vietnamese agencies’ decisions on application of special preventive measures, including ban from passage through the territorial sea of Vietnam or forced leaving from the territorial sea of Vietnam in case there are signs or clear evidence of possibility to cause leakage of hazardous substances or environmental pollution.

Article 12. Notification by and supervision of vessels operating on sea lanes and navigable channels in the territorial sea of Vietnam

1. Captains of vessels that pass through the territorial sea of Vietnam without entering the internal waters of Vietnam shall notify maritime administrations of the regions these vessels pass through via appropriate communication devices.

2. Contents of a notice:

a/ Name, flag state, call sign and IMO number of the vessel;

b/ Length, breadth, height and paint color of sides of the vessel;

c/ Volume and type of cargo onboard (if any);

d/ Numbers of crewmembers, passengers and other people onboard;

dd/ Names of the port of last call and the nearest port of next call.

e/ Request for assistance or indication (if any).

3. Supervision of vessels operating in the territorial sea of Vietnam:

a/ The Vietnam Maritime Administration shall guide regional maritime administrations in supervising, guiding and controlling vessels operating on announced sea lanes and navigable channels in the territorial sea of Vietnam under regulations.

b/ The supervision, instruction and control of vessels in the territorial sea of Vietnam are made via appropriate communication devices.

4. In case a maritime security incident, maritime accident or environmental pollution occurs in the territorial sea of Vietnam, after receiving a notice, the regional maritime administration shall immediately report to the Vietnam Maritime Administration for promptly adopting remedies and handling measures.

5. This Article applies only after the Ministry of Transport announces sea lanes and traffic separation in the territorial sea of Vietnam.

Article 13. Operation of works in the territorial sea of Vietnam

1. All activities of survey, exploration, construction investment and establishment of works in the territorial sea of Vietnam must comply with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party but may not affect the safety of navigation on sea lanes and navigable channels in the territorial sea of Vietnam.

2. Before conducting survey or exploration, building works, establishing safety belts of works or carrying out other activities on sea lanes in the territorial sea of Vietnam, organizations or individuals must obtain written approval of the Ministry of Transport.

Procedures for obtaining such approval are carried out as follows:

a/ An organization or individual shall send to the Ministry of Transport directly or by post 1 set of dossier, which comprises the following documents:

- A written request for conducting survey or exploration, building a work, establishing the safety belt of a work or carrying out other activities on sea lanes in the territorial sea of Vietnam;

- Copies of documents, materials and papers proving the necessity of such survey, exploration, building, establishment or other activities on sea lanes in the territorial sea of Vietnam;

- Copies of opinions of related agencies and organizations (if any).

b/ Within 15 working days after receiving a valid dossier provided at Point a of this Clause, the Ministry of Transport shall issue a written approval which will be sent by post to the applicant or directly received by the investor at the Ministry of Transport. In case of disapproval, it shall clearly state the reason.

3. A work installed or built in the territorial sea of Vietnam must have a scope of safety of at least 500 m from the furthermost outer edge of the work. Within 2 nautical miles counting from the furthermost outer edge of the work, unauthorized vessels may not anchor.

4. When their use duration expires, equipment and works in the territorial sea of Vietnam must be dismounted. Investors of equipment and works at sea which have not been dismounted for technical reason or due to force majeure events shall notify regional maritime administrations of the positions, sizes, shapes and depths of these equipment and works and install maritime signs and signals under regulations.

5. Investors of works shall take measures to protect their works and notify such to regional maritime administrations for warning to vessels operating in the regions.

Article 14. Provisions on safety of navigation, maritime security and environmental pollution prevention when vessels operate on sea lanes in the territorial sea of Vietnam

When operating on sea lanes in the territorial sea of Vietnam, organizations, individuals and vessels shall fully observe provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party regarding safety of navigation, maritime security and environmental pollution prevention.

Chapter III

COORDINATION BETWEEN AGENCIES PERFORMING SPECIALIZED STATE MANAGEMENT OF THE TERRITORIAL SEA OF VIETNAM

Article 15. Principles of and responsibilities for coordination in management activities

1. The Vietnam Maritime Administration shall assume the prime responsibility for, and coordinate, activities between specialized state management agencies in the management of sea lanes and navigable channels in the territorial sea of Vietnam. Specialized state management agencies shall manage sea lanes in the territorial sea of Vietnam in accordance with law without affecting foreign vessels’ right to innocent passage.

2. Specialized state management agencies such as the Marine Police and the Border Guard shall closely coordinate with one another when managing sea lanes in order to facilitate vessels’ innocent passage on sea lanes in the territorial sea of Vietnam.

3. Problems arising in the performance of functions and tasks by specialized state management agencies must be discussed and agreed upon for prompt settlement. In case of failing to reach agreement, these problems must be promptly reported to the Vietnam Maritime Administration for settlement in accordance with law.

4. In case a problem arising beyond the settlement competence of a specialized state management agency, that agency shall promptly report such to its managing ministry 01' sector for immediate settlement. When necessary, related ministries and sectors shall coordinate with the Ministry of Transport in the settlement, but within 4 hours after receiving a report, shall notify their settlement decisions to related agencies, organizations and persons.

5. When performing their duties, specialized state management agencies shall coordinate with related regional agencies and organizations in strictly implementing law for all navigation activities on sea lanes in the territorial sea of Vietnam.

Article 16. Coordination in management of sea lanes and traffic separation in the territorial sea of Vietnam

1. The Vietnam Maritime Administration shall coordinate activities among specialized state management agencies, covering:

a/ Assuming the prime responsibility for and administering the coordination in management activities among specialized state management agencies;

b/ Organizing and hosting conferences and meetings with specialized state management agencies or other related agencies, organizations and enterprises operating on sea lanes to discuss and reach agreement on the settlement of problems arising in the management of sea lanes in the territorial sea of Vietnam in the regions under their management;

c/ Proposing competent agencies to request forces to pursue foreign vessels violating law in the territorial sea of Vietnam; requesting other specialized state management agencies to promptly notify results of management of announced sea lanes and solutions for arising problems; requesting owners and captains of vessels and other related agencies and organizations to provide data and information on navigation activities on sea lanes;

d/ Proposing chairpersons of provincial-level People’s Committees in regions to promptly settle problems arising in specialized state management activities on sea lanes in the territorial sea of Vietnam within the competence of their provinces or centrally run cities.

2. Other specialized state management agencies shall:

a/ Closely coordinate with one another to promptly and lawfully settle formalities related to vessels, cargoes, passengers and crewmembers operating on sea lanes under this Decree;

b/ Promptly notify the Vietnam Maritime Administration or regional maritime administrations of results of settlement of formalities related to vessels, cargoes, passengers and crewmembers operating on sea lanes;

c/ Promptly notify the Vietnam Maritime Administration or regional maritime administrations of arising problems after receiving and processing information from regional maritime administrations or vessel owners for coordination in prompt settlement.

Article 17. Specialized inspection, examination and supervision on sea lanes and navigable channels in the territorial sea of Vietnam

1. The civil jurisdiction and penal jurisdiction to vessels in the territorial sea of Vietnam comply with Vietnamese law and relevant treaties to which Vietnam is a contracting party.

2. Specialized state management agencies’ inspection, examination and supervision of organizations, individuals and vessels operating on sea lanes in the territorial sea of Vietnam comply with this Decree and other relevant laws.

3. Specialized state management agencies may conduct direct surveillance onboard vessels only in the following cases:

a/ Vessels show signs of violating law;

b/ Such surveillance is required to assure national defense, security, social order and safety, safety of navigation, maritime security, environmental pollution prevention or prevention and control of epidemics.

4. When on duty, competent persons who commit acts of authoritarianism, self-seeking, annoyance or harassment or other negative practices shall be handled in accordance with law.

Article 18. Responsibilities of ministries, sectors and localities for activities of specialized state management agencies on sea lanes and traffic separation in the territorial sea of Vietnam

1. To direct and guide activities of specialized state management agencies under their management in coordinating state management activities on sea lanes and traffic separation in the territorial sea of Vietnam.

2. To examine, inspect, and strictly handle violations in accordance with law.

3. To apply information technology to management activities to effectively facilitate navigation activities on sea lanes.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19. Effect

This Decree takes effect on January 1, 2014.

Article 20. Organization of implementation

1. The Minister of Transport shall assume the prime responsibility for, and coordinate with related ministries, sectors and provincial-level People’s Committees in, organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-