Nghị định 30-CP

DECREE

NO. 30-CP DATED JANUARY 29, 1980, ON REGULATION FOR FOREIGN VESSELS TO OPERATE ON SEA AREAS OF THE SOCIALIST REPUBLIC OF VIETNAM 

THE GOVERNMENT COUNCIL

Pursuant to Law on organization of the Government Council passed on July 14, 1960;

Pursuant to announcement dated May 12, 1977, of Government of the Socialist Republic of Vietnam, on sea areas and continental shelves of Vietnam;

To protect and exercise the sovereignty of the Socialist Republic of Vietnam for sea areas and continental shelves of Vietnam,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Foreign vessels stated in this Decree include military and non-military vessels, and all means of waterway transport, not belong to ownership of state, collectives or citizens of the Socialist Republic of Vietnam.

Article 2. All foreign vessels operating on sea areas of Vietnam (include entry, exit, moving, anchoring and do other jobs) must respect sovereignty of the Socialist Republic of Vietnam on each sea areas, must comply with full provisions of this Decree and rules, regimes, and other regulations related to the Socialist Republic of Vietnam, which are promulgated by competent agencies of Vietnam State. 

Foreign vessels operate on sea areas of Vietnam must bear supervision and inspection of the Vietnam competent forces aiming to ensure the respect and compliance with this Decree and rules, regime, and other regulations related to the Socialist Republic of Vietnam.

Article 3. Foreign vessels which wish to go into sea areas of Vietnam must comply with the following procedures:

a. Non-military vessels used for transport and trading purposes wish to go into internal waters or ports of Vietnam must ask for permission of the Ministry of Transport of the Socialist Republic of Vietnam not less than 7 days before entry, and after having got the permission, they must notify the Ministry of Transport of the Socialist Republic of Vietnam within 24 hours before begin going into territorial waters of Vietnam. 

b. Non-military vessels not used for transport or trading purposes wish to go into internal waters or ports of Vietnam must ask for permission of the Government of the Socialist Republic of Vietnam through diplomatic way not less than 15 days before entry, and after having got the permission, they must notify the Ministry of Transport of the Socialist Republic of Vietnam within 48 hours before begin going into territorial waters of Vietnam.

c. Military vessels (including war vessels and auxiliary vessels) wish to go into the contiguous zones of territorial waters of Vietnam must ask for permission of the Government of the Socialist Republic of Vietnam (through diplomatic way) not less than 30 days before entry, and after having got the permission, they must notify Military agencies of Vietnam (through the Ministry of Transport of the Socialist Republic of Vietnam) within 48 hours before begin going into the contiguous zone of territorial waters of Vietnam.

Article 4. Foreign vessels come Vietnam at invitation of the Socialist Republic of Vietnam will comply with separate regulation which does not belong to the adjustment scope of this Decree.

Article 5. Military vessels of a country permitted to enter territorial waters or internal waters of Vietnam will not be entitled to anchor more than three vessels in a same duration and duration of anchoring each vessel will not exceed one week, unless it has got permission of Government of the Socialist Republic of Vietnam.

Article 6. Foreign vessels in emergency cases which are not able to remedy such as suffering from natural disasters, accidents menacing safety of vessels and lives of persons on vessels… compulsorily stop or anchor in territorial waters of Vietnam, they must rapidly contact via all ways and immediately report to competent agencies of Vietnam in nearest places; they must bear all supervision of authorities of Vietnam to clarify the truthfulness of reasons as stated and must abide by all guidance of authorities of Vietnam.

Article 7. The Socialist Republic of Vietnam has a private right by itself to rescue foreign vessels suffering from accidents in internal waters, territorial waters and contiguous zones of territorial waters of Vietnam.

Chapter 2.

SPECIFIC PROVISIONS FOR FOREIGN VESSELS WHEN OPERATE ON SEA AREAS OF VIETNAM

Article 8. Foreign vessels on internal waters of Vietnam, apart from vessels’ national flags, must fly national flag of Vietnam at the top of highest pillar at the front of vessel; must comply fully with provisions on signal lamp in accordance with types of vessels and operations of vessels as promulgated by competent agencies of Vietnam and in compliance with general provisions of international law on transport by sea. 

Article 9. On internal waters and territorial waters of Vietnam, foreign vessels must move rapidly, continuously, properly with the prescribed routes and corridors not go into banned zones.  

Article 10. When foreign submarines (including military and civil submarines) enter the contiguous zones of territorial waters, territorial waters and internal waters of Vietnam, and when they anchor in ports of Vietnam, they are imperative to float, and fly flag of country where they have nationality.    Foreign submarines must also comply fully with provisions applicable to foreign floating vessels of all kinds going on the contiguous zones of territorial waters, territorial waters and internal waters of Vietnam, and when they anchor in ports of Vietnam. 

Article 11. Foreign vessels are not entitled to conduct survey or research of natural resources, creatures and non- creatures on territorial waters, the economic exclusive zones of Vietnam, for economic purpose or science purpose, unless they are permitted by Government of the Socialist Republic of Vietnam.   

Article 12. Foreign vessels absolutely are not entitled to conduct activities of fishing, exploring, trading under all forms for any products in territorial waters, the contiguous zones of territorial waters and economic exclusive zones of Vietnam, unless they are permitted by Government of the Socialist Republic of Vietnam.

When moving in the economic exclusive zones of Vietnam, foreign fishing vessels must revoke nets and other fishing instruments in compartment, must turn into preservation position for all machines of exploring, detecting, inducing fishes, etc...

Article 13. Foreign vessels operating on sea areas of Vietnam (except foreign vessels under separate regulations stated in Article 4 above) will not be entitled to do the following things:

a. Having military exercises, use or threat of force to menace security, cause disorder of the Socialist Republic of Vietnam when vessels are in the contiguous zones of territorial waters, territorial waters,  and internal waters of Vietnam;

b. Conducting activities damaging the defense, peace, security and order of the Socialist Republic of Vietnam; propagating to fight against the Socialist Republic of Vietnam. 

c. Interfering the system of communication, machines and equipment for communication of all kinds of the Socialist Republic of Vietnam;

d. Using radars, ultrasonic generators, sight gauge, measuring machines, diving equipment and other devices for measuring, surveying, exploring geography, meteorology, sediment, depth or any exploration objective in internal waters and territorial waters of Vietnam; 

e. Filming, taking photographs, using electronic, acoustic, optical equipment, radio, television and other technical means or equipment with the aim to gather intelligence information, recording the figures, documents related to security, defense or economy of Vietnam, when vessels are in internal waters, territorial waters, and contiguous zones of territorial waters of Vietnam, filming, taking photographs, drawing or noting on equipment, goods in ports, on military devices, economic facilities, science research facilities on way to ports or in ports;  

g. Lifting off, landing or bringing flight means of all kinds up to vessels; taking from vessels, loading on or unloading the military devices of all kinds from vessels in internal waters, territorial waters and the contiguous zones of territorial waters of Vietnam without advance permission of the Government of the Socialist Republic of Vietnam;  

h. Discharging mist smoke, firing guns of all kinds, launching signals, and using explosives in internal waters, territorial waters and contiguous zones of territorial waters of Vietnam for all purposes, unless firing signal bullet for SOS and firing for saluting in case of military vessels already permitted to visit the Socialist Republic of Vietnam.

i. Unloading, loading on vessels, and purchasing, selling, exchanging all products, goods, monetary, precious metals and stones, etc in contrary to provisions in rules on finance, customs, quarantine… of the Socialist Republic of Vietnam;   

k. Bringing persons to leave out vessels or getting persons on board without compliance with rules of entry and exit of the Socialist Republic of Vietnam; harboring, colluding, covering or abetting for persons violating law of Vietnam in internal waters, territorial waters and the contiguous zones of territorial waters of Vietnam. 

In emergency case, if it is necessary to take victims or persons on board, who they meet in internal waters, territorial waters and the contiguous zones of territorial waters of Vietnam, vessels must notify immediately authorities of Vietnam for information and settlement.

l. Obstructing activities of marine traffic, activities of fishing, aquaculture and exploiting sea resources of state, collectives or citizens of the Socialist Republic of Vietnam on sea areas of Vietnam;

m. Using signals to notify untrue accident, to stop, anchor arbitrarily in territorial waters or internal waters of Vietnam;

n. Moving alongside and in contact with other vessels, bringing persons and goods up board or leaving vessels at places improperly with regulation in scope of territorial waters, internal waters and ports of Vietnam.  Canoes, motorboats and other means of transport of vessels launched for communication mission are only permitted to move in scope of areas prescribed by local authorities.

Article 14. Before foreign submarines equipped fixed weapon and mobile weapons, enter the contiguous zones of territorial waters, territorial waters and internal waters of Vietnam, they must turn all weapon to the preservation position, specified:

- Bullets must be removed from guns and stored in locked bullet box;

- Guns and gun locks must be applied grease and stored in bags or covered by canvas.

Article 15. Foreign vessels in internal waters of the Socialist Republic of Vietnam must seal all machines and equipment for communication and information, electronic technical observation … All acts to contact with any place, irrespective of contact to country which vessels have nationality, must be conducted through the communication center of ports of Vietnam where such vessels are anchoring. Activities of contact through radio, communication symbols, hand flags, etc with any object will be considered as acts of violating the sovereignty and security of the Socialist Republic of Vietnam.   

Article 16. When going pass territorial waters and the contiguous zones of territorial waters of Vietnam, vessels operating by atomic energy, and vessels carrying radioactive substances or equipment using radioactive substances, vessels carrying or using other danger or hazardous substances must be ready to supply the necessary technical documents for authorities of Vietnam and must apply professional measures to prevent against danger and poison in accordance with provisions on prevention against poison,   and environmental protection, and in accordance with international treaties.

Article 17. Foreign vessels do not throw waste and hazardous substances causing environmental pollution at sea areas and on land of the Socialist Republic of Vietnam and must apply fully measures to combat and prevent environmental pollution causing damages in current and long term to the human and creature survival.

In case of arising risk to happen serious pollution, the Socialist Republic of Vietnam will apply all measures to handle, prevent consequences, rescue persons on board or protect people and creatures in the threaten areas.     Vessels causing pollution will be responsible and must pay compensation for damages in current and long term caused by pollution in accordance with law of the Socialist Republic of Vietnam.

Article 18. When foreign vessels entering or leaving ports of Vietnam, they compulsorily have to use Vietnamese navigator to navigate vessels under current rules of the Socialist Republic of Vietnam; and have to comply fully regulations of ports where vessels anchor.

Article 19. Apart from service vessels already permitted, foreign vessels do not go out or enter the safe area with width of 500 meters (counted from the outer point) of works, equipment, artificial islands, etc...used for exploration and exploitation of natural resources at sea beds and land under sea beds which Vietnam laid or permit to lay at sea areas and continental shelves of Vietnam.  Vessels go pass outside of this safe area must also abide by rules of marine safety assurance to not damage to safety of such facilities.

Article 20. Apart from provisions in this Decree, foreign vessels must comply fully with other current rules for sea areas, ports, and land area on shore of the Socialist Republic of Vietnam.

Chapter 3.

CONTROL AND HANDLING

Article 21. The control at sea of the Socialist Republic of Vietnam is assigned to the following forces:

a. The People's Navy and units of the Vietnam People’s Army undertaking the island protection task;

b. The Vietnam Border Guard;

c. The Vietnam People's Police undertaking the maritime patrol task;

d. Half-armed forces on transport vessels and fishing vessels of Vietnam which are assigned duty in control under each requirement and wear clear signs;

e. Specialized control forces of customs, health and quarantine sectors of the Socialist Republic of Vietnam undertaking tasks of controlling each operational aspect of their sector.

Each control force at sea of Vietnam operates in scope of its authority and specialized field, and closely coordinates with other control forces to conduct necessary measures of control and supervision. 

While doing task, vessels of control forces at sea of the Socialist Republic of Vietnam must fly flag of Vietnam and their special sectorial signal flag.  Officials must wear badges, insignias in accordance with regulation. Officials of non-official control forces must have letters of credential of authorities and must wear clear signs.

Article 22. Control forces at sea of Vietnam have tasks:

a. To protect sovereignty and rights of the Socialist Republic of Vietnam at sea, to fight all plots and actions breaching sea areas and continental shelves of Vietnam under all forms;

b. To supervise, control foreign vessels operating in internal waters, territorial waters, the contiguous zones of territorial waters of Vietnam, involving their observance with this Decree and current rules and regulations on customs, health, finance, exit and entry, migration and immigration, etc of the Socialist Republic of Vietnam;  

c. To help other agencies which have task of management at sea to implement well their control functions as assigned by state.

Article 23. To implement tasks specified in Article 22 of this Decree, control forces at sea of Vietnam have powers:

a. To command foreign vessels to fly national flag of Vietnam or country which vessels have nationality and answer necessary questions for identifying nationality of such vessels, the reason and legality of such vessels upon operating in internal waters, territorial waters and the contiguous zones of territorial waters of Vietnam or answer about doubtful signs in breaching rights of Vietnam in the exclusive economic zones and continental shelves of Vietnam; 

b. To command foreign vessels to stop for examination, search upon having suspicious signs of breach to sovereignty as well as other rights of Vietnam in sea areas of Vietnam.

As necessary, they may warn or force such foreign vessels to change direction or leave the sea areas of Vietnam;

c. To make minutes, arrest vessels and offenders, collect all evidences of violation cases and extradite such vessels to the ports or wharf in order to hand over competent agencies for handling;

d. As necessary, to apply military measures on the violated vessels failing to abide by commands or have intend to fight commands by force; apply the chasing right on the vessels which conducted violations and run away.

Article 24. Foreign vessels violating provisions of this Decree or provisions set out for implementation of this Decree will be sanctioned by competent agencies of Vietnam with the following forms:

a. Warnings;

b. Revoking license, expelling vessel and seafarers out sea areas and territory of Vietnam;

c. Fines up to VND 10000 (calculated in a commonly-used foreign currency at the current foreign exchange rate).

If repeating violation or if violations mentioned above cause considerable damages or severe consequences, the offenders will be prosecuted before Court of Vietnam and adjudicated under current law of the Socialist Republic of Vietnam.

Article 25. Violations of foreign vessels in sea areas of Vietnam will be handled by the provincial and municipal People's Committees of the Socialist Republic of Vietnam.

This power includes the custody over vessels breaching law, exhibits, and involved persons for investigation and handling under forms of Article 24 stated above or making dossier to prosecute before court, depend on seriousness of acts violating law.

Article 26. Ministers of Transport, National Defense, Home Affairs, foreign trade, foreign affairs shall coordinate with relevant Ministries and chairpersons of the provincial and municipal People’s Committees in taking responsibilities for implementation of this Decree.