Decree No. 146/2013/NĐ-CP on the announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea

DECREE

Von the announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea Vstrict N |||at s

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Pursuant to the Law Ton organization and operation of the Government dated December 25, 2001;

Pursuant to the Maritime Code of Vietnam Hof the seai of Vietnam dated 14thJune 2024;107/2012/NĐ-CP ngày 20 tháng 12 năm 2012 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức;

Pursuant to the Law Bidevelopmentof Vietnam dated June 21, 2012;

Pursuant to the Law Bnational boundary dated June 17, 2003;

At the proposal of the Minister of Transport,

the Government issues this Decree on the announcement ofNo. maritime routes and luồtraffic separation schemes in lVietnam's territorial sea.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea to serve the passage of vessels without causing harm, thereby ensuring maritime safety.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the announcement of maritime routes, navigation separation, and vessels participating in navigation within Vietnamese territorial waters.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. A maritime route is the path for vessels within Vietnam's territorial sea, delineated by points with positions and coordinates determined and announced by competent state agencies to guide organizations, individuals, and vessels when operating in Vietnam's territorial sea.

2. The announcement of maritime routes in Vietnam's territorial sea involves the competent state agencies announcing through appropriate forms to organizations, individuals, and vessels about the position, coordinates, and technical specifications of maritime routes in Vietnam's territorial sea.

3. Traffic separation schemes in Vietnam's territorial sea involve the competent state agencies establishing and guiding vessels to pass through without causing harm in Vietnam's territorial sea to ensure maritime safety.

Article 4. State Management Content Regarding the Announcement of Maritime Routes and Navigation Separation in Vietnamese Territorial Waters

1. Drafting, issuing legal normative documents, standards, technical regulations, and economic-technical norms related to the announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea.

2. International cooperation and participation in international treaties related to the announcement of maritime routes and navigation separation in Vietnamese territorial waters.

3. Organizing the establishment, announcement of maritime routes, and navigation separation in Vietnamese territorial waters.

4. Implementing the provisions of Vietnamese law and international treaties to which Vietnam is a party regarding the announcement and management of maritime routes and navigation separation in Vietnamese territorial waters.

5. Organizing the implementation of marine environmental protection, national defense, and security; inspecting and supervising activities on maritime routes and navigation separation in Vietnamese territorial waters.

6. Inspecting, checking, and handling violations in accordance with the law.

Article 5. State Management Responsibilities Regarding the Announcement of Maritime Routes and Navigation Separation in Vietnamese Territorial Waters

1. The Government uniformly manages state affairs concerning the announcement of maritime routes and navigation separation in Vietnamese territorial waters to ensure that vessels passing through do not cause harm, thereby guaranteeing maritime safety.

2. The Ministry of Transport organizes the establishment, announcement, and management of maritime routes and traffic separation schemes in Vietnam's territorial sea. The Vietnam Maritime Administration implements state management over the announcement and management of maritime routes and traffic separation schemes in Vietnam's territorial sea according to its assigned functions, tasks, and authorities.

3. Ministries, sectors, and provincial People's Committees (hereinafter referred to as provincial-level People's Committees) within their respective functions, tasks, and authorities shall be responsible for organizing the implementation of state management over the announcement of maritime routes, traffic separation schemes, and vessel activities in Vietnam's territorial sea.

Chapter II

ESTABLISHING AND ANNOUNCING MARITIME ROUTES AND NAVIGATION SEPARATION IN VIETNAMESE TERRITORIAL WATERS

Section 1

ESTABLISHMENT AND ANNOUNCEMENT OF MARITIME ROUTES

IN VIETNAM'S TERRITORIAL SEA

Article 6. Establishment of maritime routes in Vietnam's territorial sea

1. The establishment of maritime routes in Vietnam's territorial sea for the purpose of harmless passage and ensuring maritime safety of vessels must comply with Vietnamese laws, the United Nations Convention on the Law of the Sea 1982, and other international treaties relevant to the establishment of maritime routes in territorial seas where the Socialist Republic of Vietnam is a member.

2. Establishment of maritime routes in Vietnam's territorial sea:

a) Based on the specific locations and conditions of Vietnam's territorial sea of the mainland, islands, and archipelagos, the Ministry of Transport organizes the establishment of maritime routes in Vietnam's territorial sea.

b) The Ministry of National Defense leads and coordinates with the Ministry of Transport to organize the creation and issuance of nautical charts showing maritime routes and traffic separation schemes in Vietnam's territorial sea for harmless passage and ensuring maritime safety of vessels.

Article 7. Authority to announce maritime routes and traffic separation schemes in Vietnam's territorial sea

1. The Ministry of Transport carries out the announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea.

2. The Ministry of Foreign Affairs coordinates with the Ministry of Transport and relevant agencies to notify international organizations about maritime routes and traffic separation schemes in Vietnam's territorial sea in accordance with Vietnamese laws and relevant international treaties.

Article 8. Content of Announcing Maritime Routes and Traffic Separation Schemes in Vietnam's Territorial Sea

1. The name of the maritime route in Vietnam's territorial sea.

2. Location, coordinates, and technical specifications of the maritime route in Vietnam's territorial sea.

3. Information related to traffic separation schemes in Vietnam's territorial sea.

4. Guidelines for vessels passing through without causing harm on the maritime routes and traffic separation schemes in Vietnam's territorial sea.

5. Other necessary information.

Article 9. Forms of Announcing Maritime Routes and Traffic Separation Schemes in Vietnam's Territorial Sea

1. The announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea shall be carried out in the following forms:

a) Issuing nautical charts or paper or electronic documents related to navigation;

b) Issuing maritime notices;

c) Establishing directories of maritime routes and traffic separation schemes in Vietnam's territorial sea;

d) Other appropriate forms in accordance with the provisions of the law.

2. The Vietnam Maritime Administration shall be responsible for:

a) Organizing the issuance of maritime notices for announced maritime routes and traffic separation schemes in Vietnam's territorial sea in accordance with regulations;

b) Organizing the establishment and issuance of directories of maritime routes and traffic separation schemes in Vietnam's territorial sea.

3. The budget for establishing and issuing directories of maritime routes in Vietnam's territorial sea shall be sourced from the state budget and other lawful sources of funding.

Section 2

TRAFFIC SEPARATION SCHEMES IN VIETNAM'S TERRITORIAL SEA

Article 10. Traffic Separation Schemes in Vietnam's Territorial Sea

1. Vessels passing through Vietnam's territorial sea but not entering Vietnam's internal waters shall follow the announced maritime route in Vietnam's territorial sea.

2. Vessels passing through Vietnam's territorial sea to enter Vietnam's internal waters shall proceed as follows:

a) Vessels transporting goods, passengers, and luggage or military vessels and other non-commercial vessels must go to the announced pilotage area and comply with the procedures for entering Vietnam's seaports as stipulated by the Government of the Socialist Republic of Vietnam.

b) In the following cases, the master of the vessel entering Vietnam's internal waters but not arriving at a Vietnamese seaport must immediately notify the local maritime port authority about the reasons and purpose of entering Vietnam's internal waters:

- Rescuing crew members or passengers on board the vessel;

- Avoiding or sheltering from typhoons;

- Conducting search and rescue operations, transferring people, property, or salvaged vessels at sea;

- Rectifying consequences of maritime accidents involving vessels;

- Other urgent situations.

Article 11. General Requirements for Vessels Passing Through Without Causing Harm in Vietnam's Territorial Sea

1. All types of vessels regardless of nationality and tonnage are permitted to pass through Vietnam's territorial sea without causing harm, provided they respect peace, independence, sovereignty, Vietnamese laws, and international treaties to which the Socialist Republic of Vietnam is a party, and comply with the rules for preventing collisions at sea as prescribed by the Minister of Transport.

2. When passing through Vietnam's territorial sea, vessels must fly the Vietnamese flag at the highest mast, proceed continuously and quickly, and fully comply with all relevant Vietnamese laws and the United Nations Convention on the Law of the Sea 1982, except in cases of maritime emergencies, force majeure, distress, or when assistance is required to save lives, vessels, or aircraft in distress.

3. Foreign submarines and other submerged vessels must operate in surfaced condition and display their national flag, except when permitted by the Vietnamese Government or pursuant to an agreement between the Vietnamese Government and the government of the country whose flag the vessel flies.

4. Foreign vessels powered by nuclear energy or carrying radioactive, toxic, or hazardous materials, when navigating in Vietnam's territorial sea, have the obligation to:

a) Carry complete technical documents related to the vessel and cargo, and compulsory civil liability insurance documents;

b) Be ready to provide Vietnamese competent authorities with all relevant documents concerning the technical specifications of the vessel and its cargo;

c) Fully implement special preventive measures in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party applicable to such vessels;

d) Comply with decisions of Vietnamese competent authorities regarding the application of special preventive measures, including prohibiting passage through Vietnam's territorial sea or compelling immediate departure from Vietnam's territorial sea if there are clear signs or evidence indicating a risk of toxic substance leakage or environmental pollution.

Article 12. Notification and Supervision of Vessels Operating on Maritime Routes and Traffic Lanes in Vietnam's Territorial Sea

1. The master of vessels passing through Vietnam’s territorial sea but not entering Vietnam’s internal waters must notify the Marine Port Control Unit in the area where the vessel passes through via appropriate communication means.

2. Content of the notification:

a) The name, nationality, call sign, and IMO number of the vessel;

b) The length, width, height, and hull color of the vessel;

c) The quantity and type of cargo carried on the vessel (if applicable);

d) The number of crew members, passengers, and other persons accompanying the vessel;

d) Name of the last port departed from and the nearest port to arrive at.

e) Request for assistance and guidance (if any).

3. Supervision of vessels operating within Vietnam’s territorial sea:

a) The Vietnam Maritime Administration shall organize guidance for the Marine Port Control Units in the areas to supervise, guide, and direct vessels operating on maritime routes and traffic lanes in Vietnam’s territorial sea that have been announced according to regulations.

b) The supervision, guidance, and direction of vessels within Vietnam’s territorial sea shall be carried out via appropriate communication means.

4. In case of maritime security incidents, marine accidents, or environmental pollution in Vietnam’s territorial sea, upon receiving the report, the Marine Port Control Unit in the area shall immediately report to the Vietnam Maritime Administration to take timely measures to address and remedy the situation.

5. The provisions of this Article shall only be implemented after the Ministry of Transport announces the maritime routes and traffic lane divisions in Vietnam’s territorial sea.

Article 13. Activities of Structures in Vietnam’s Territorial Sea

1. All surveying, exploration, investment construction, and establishment of structures in Vietnam’s territorial sea shall comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member, without affecting the safety of maritime routes and traffic lanes in Vietnam’s territorial sea.

2. Organizations and individuals must obtain written approval from the Ministry of Transport before conducting surveying, exploration, construction of structures, setting up safety zones around structures, or other activities on maritime routes in Vietnam’s territorial sea.

The application procedures are as follows:

a) Organizations and individuals shall submit directly or through postal services to the Ministry of Transport one set of documents including the following papers:

- A document requesting to conduct surveying, exploration, construction of structures, setting up safety zones around structures, or other activities on maritime routes in Vietnam’s territorial sea;

- A copy of documents and materials proving the necessity of conducting surveying, exploration, construction of structures, setting up safety zones around structures, or other activities on maritime routes in Vietnam’s territorial sea;

- A copy of opinions from relevant agencies and organizations (if any).

b) Within the latest 15 working days from the date of receipt of a valid dossier as stipulated in Point a Clause of this Article, the Ministry of Transport shall issue a written approval and send it to the applicant through postal services or the investor may come directly to the Ministry of Transport to collect it; if disapproved, the reasons must be clearly stated.

3. Structures installed or constructed in Vietnam’s territorial sea must have a safety zone of at least 500 meters from the outer edge of the structure. Within a two-nautical-mile radius from the outer edge of the structure, vessels without assigned tasks shall not anchor.

4. When the usage period expires, equipment and structures in Vietnam’s territorial sea must be dismantled. Investors of offshore equipment and structures that cannot be dismantled due to technical reasons or force majeure must inform the Marine Port Control Unit in the area about their location, dimensions, shape, depth, and install maritime signals and warning devices as prescribed.

5. Investors of structures must implement measures to protect their structures, informing the Marine Port Control Unit in the area so as to warn nearby vessels operating in the vicinity.

Article 14. Provisions on maritime safety, maritime security, and prevention of environmental pollution when operating on maritime routes within Vietnam's territorial sea

Organizations, individuals, and vessels operating on maritime routes within Vietnam's territorial sea must comply fully with the provisions of Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member regarding maritime safety, maritime security, and prevention of environmental pollution.

Chapter III

COOPERATION OF ACTIVITIES BETWEEN SPECIALIZED STATE MANAGEMENT ORGANIZATIONS IN VIETNAM'S TERRITORIAL SEA

Article 15. Principles and responsibilities for coordinating management activities

1. The Vietnam Maritime Administration shall take the lead in coordinating activities among specialized state management agencies in managing maritime routes and traffic lanes within Vietnam's territorial sea. Specialized state management agencies implementing tasks related to managing maritime routes within Vietnam's territorial sea shall perform their duties according to the provisions of the law without causing undue inconvenience or affecting the right of innocent passage of foreign vessels.

2. Specialized state management agencies such as the Coast Guard and Border Guard shall closely coordinate when performing their management tasks on maritime routes to facilitate the innocent passage of vessels on maritime routes within Vietnam's territorial sea.

3. Any issues arising related to the performance of functions and tasks of specialized state management agencies must be discussed and resolved promptly; in cases where there is no agreement, they must promptly report to the Vietnam Maritime Administration for resolution in accordance with the law.

4. In cases where issues arise that exceed the authority of a specialized state management agency to resolve, that agency must promptly report to its higher-level ministry or sector for immediate resolution. When necessary, relevant ministries and sectors have the responsibility to coordinate with the Ministry of Transport to resolve these issues, but no later than four hours from the time of receiving the report, the ministries and sectors must inform the decision on handling to the relevant agencies, organizations, and individuals.

5. During the course of performing their tasks, specialized state management agencies have the responsibility to coordinate with other relevant agencies and organizations in the area to strictly implement the legal regulations concerning all maritime activities on maritime routes within Vietnam's territorial sea.

Article 16. Contents of coordination in managing maritime routes and traffic lane division in Vietnam's territorial sea

1. The Vietnam Maritime Administration has the responsibility to organize coordination among specialized state management organizations, including:

a) Lead and direct the coordination of management activities among specialized state management agencies;

b) Organize and lead meetings with specialized state management agencies or with other agencies, organizations, and enterprises operating on maritime routes to exchange and unify solutions to issues arising during the management of maritime routes within Vietnam's territorial sea in the assigned management area;

c) Request the competent authority to require forces to pursue foreign vessels violating the law in Vietnam's territorial sea; request other specialized state management agencies to promptly notify the results of management on maritime routes that have been published and measures to address arising issues; request ship owners, captains of vessels, and other relevant agencies and organizations to provide data and information about maritime activities on maritime routes;

d) Recommend to the Chairman of the People's Committee of the province or city in the area to promptly resolve issues arising within the authority of that province or city related to specialized state management activities on maritime routes within Vietnam's territorial sea.

2. Other specialized state management organizations have the responsibility:

a) To closely cooperate to promptly and legally resolve procedures related to vessels, cargo, passengers, and crew members when operating on maritime routes as stipulated in this Decree;

b) Promptly notify the Vietnam Maritime Administration or the local Marine Port Office of the results of procedures related to vessels, cargo, crew members, and passengers when operating on maritime routes;

c) Immediately notify the Vietnam Maritime Administration or the local Marine Port Office to coordinate in resolving arising issues promptly after receiving and processing information from the local Marine Port Office or provided by the ship owner.

Article 17. Inspection, examination, and specialized supervision on maritime routes and traffic channels in Vietnam's territorial sea

Clause 1. Civil jurisdiction and criminal jurisdiction over vessels in Vietnam's territorial sea shall be implemented in accordance with Vietnamese laws and relevant international treaties to which Vietnam is a party.

Clause 2. The inspection, examination, and supervision by specialized state management agencies of organizations, individuals, and vessels when operating on maritime routes within Vietnam's territorial sea shall be carried out in accordance with the provisions of this Decree and other relevant legal regulations.

3. Direct supervision on vessels by specialized state management agencies may only be conducted in the following cases:

a) Vessels showing signs of violating the law;

b) In cases where it is necessary to ensure national defense, security, social order and safety, maritime safety, maritime security, environmental pollution prevention, and disease prevention and control.

Article 17, Clause 4. Those who have authority and commit acts of abuse of power, seeking personal gain, harassment, causing inconvenience, or other negative behaviors while performing assigned tasks shall be dealt with according to the provisions of the law.

Article 18. Responsibilities of Ministries, sectors, and localities regarding the activities of specialized state management agencies on maritime routes and traffic channel division in Vietnam's territorial sea

Clause 1. Directing and guiding the activities of subordinate specialized state management agencies to implement coordination in state management on maritime routes and traffic channel division within Vietnam's territorial sea.

2. Inspecting, examining, and strictly handling violations according to the law.

3. Implementing the application of information technology in management activities to facilitate and enhance the efficiency of maritime operations on maritime routes.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree shall take effect from January 1, 2014.

Article 20. Implementation

1. The Minister of Transport shall be responsible for leading and coordinating with relevant ministries, sectors, and provincial people's committees under the central government to implement this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.