Decree No. 16/2018/ND-CP on the announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea.

DECREE

ON THE ANNOUNCEMENT OF MARITIME ROUTES AND NAVIGATION SEPARATION IN VIETNAMESE TERRITORIAL WATERS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

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

Pursuant to the Law on National Borders dated June 17, 2003;

At the proposal of the Minister of Transport;

The Government issues this Decree on the announcement of maritime routes and navigation separation in Vietnamese territorial waters.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the announcement of maritime routes and navigation separation in Vietnamese territorial waters for the purpose of ensuring that vessels passing through do not cause harm, thereby guaranteeing maritime safety, maritime security, and preventing marine environmental pollution.

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. Announcing a maritime route in Vietnamese territorial waters is the act of a competent state agency of Vietnam announcing the position, coordinates, and technical specifications of the maritime route in Vietnamese territorial waters through appropriate forms.

2. Navigation separation in Vietnamese territorial waters is the act of a competent state agency of Vietnam establishing and guiding vessels passing through without causing harm in Vietnamese territorial waters to ensure maritime safety, maritime security, and prevent marine environmental pollution.

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

1. Drafting and promulgating legal normative documents; standards, technical regulations, economic and technical norms related to the announcement of maritime routes and navigation separation in Vietnamese territorial waters.

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. Ministries, sectors, and People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees) within their respective functions, tasks, and authorities shall be responsible for organizing the management of maritime routes, navigation separation, and vessel activities in Vietnamese territorial waters.

3. The Vietnam Maritime Administration implements specialized state management over the announcement and management of maritime routes and navigation separation in Vietnamese territorial waters according to its assigned functions, tasks, and authorities.

Chapter II

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

Article 6. Establishment and announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea

1. The Ministry of Transport shall direct the Vietnam Maritime Administration to establish maritime routes and traffic separation schemes in Vietnam's territorial sea based on the provisions of Articles 109 and 110 of the Vietnam Maritime Code, other relevant legal regulations, and actual conditions.

2. During the implementation process, the Vietnam Maritime Administration must coordinate with competent agencies of the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the Ministry of Public Security, the Ministry of Construction, the Ministry of Information and Communications, and provincial/municipal People's Committees directly under the central government regarding the establishment and announcement of maritime routes and traffic separation schemes in Vietnam's territorial sea. Within fifteen working days from the date of receipt of the document seeking opinions of the Vietnam Maritime Administration, the competent agencies of the ministries, provincial/municipal People's Committees must provide their responses in writing.

3. The dossier for announcing maritime routes and traffic separation schemes in Vietnam's territorial sea, submitted by the Vietnam Maritime Administration to the Ministry of Transport, includes:

a) A proposal for announcing maritime routes and traffic separation schemes in Vietnam's territorial sea along with the plan for establishing and announcing such routes and schemes;

b) Detailed nautical charts showing maritime routes and traffic separation schemes in Vietnam's territorial sea;

c) Other necessary documents and information (if any).

4. The Ministry of Transport is responsible for organizing the review and approval of plans for establishing and announcing maritime routes and traffic separation schemes in Vietnam's territorial sea based on the proposals of the Vietnam Maritime Administration; at the same time, it directs the Vietnam Maritime Administration to organize the implementation.

5. The content and form of announcing maritime routes and traffic separation schemes in Vietnam's territorial sea shall be carried out according to the provisions of Articles 111 and 112 of the Vietnam Maritime Code 2015.

Article 7. 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 transporting goods, passengers, and luggage or military vessels and other non-commercial vessels passing through Vietnam's territorial and internal waters to enter Vietnamese seaports must travel along the designated traffic lanes and comply with vessel procedures as prescribed.

3. When vessels pass through Vietnam's territorial and internal waters but do not enter Vietnamese seaports, the master of such vessels must immediately inform the local maritime port authority about the reasons and purposes for entering Vietnam's internal waters in the following cases:

a) Rescuing crew members or passengers on board the vessel;

b) Avoiding or sheltering from typhoons;

c) Conducting search and rescue operations, transferring persons, property, or salvaged vessels at sea;

d) Rectifying consequences of maritime accidents involving vessels;

đ) Other urgent situations as stipulated by law.

Article 8. General requirements for vessels passing through Vietnam's territorial sea without causing harm

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 Vietnam's peace, independence, sovereignty, laws, and international treaties to which the Socialist Republic of Vietnam is a party, and comply with the rules to prevent collisions at sea as prescribed by law.

2. Vessels passing through Vietnam's territorial sea must fly their national flag; travel continuously and quickly, and fully comply with all relevant Vietnamese laws and the United Nations Convention on the Law of the Sea 1982 (UNCLOS 82), except in cases of force majeure, maritime accidents, or emergencies where assistance is needed for people, vessels, or aircraft in distress, or pursuant to special agreements between the Government of Vietnam and the government of the country whose flag the vessel flies.

3. While navigating within Vietnam's territorial sea, foreign submarines and other submerged vessels must operate in a surfaced state and display their national flag as required.

4. When navigating within Vietnam's territorial sea, foreign nuclear-powered vessels or those carrying radioactive, toxic, or hazardous materials have the following obligations:

a) To carry complete technical documentation related to the vessel and cargo, and documents concerning compulsory civil liability insurance;

b) To be ready to provide Vietnamese competent authorities with all relevant technical specifications of the vessel and cargo;

c) To fully implement special preventive measures as prescribed by Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a party;

d) To comply with decisions of Vietnamese competent authorities regarding the application of special preventive measures, including prohibitions against passing through Vietnam's territorial sea or being ordered to leave Vietnam's territorial sea immediately if there are signs or clear evidence of potential leakage of toxic substances or environmental pollution.

Article 9. Notification and Supervision of Vessels Operating on Maritime Routes and Traffic Lanes within Vietnam's Territorial Sea

1. The master of vessels operating on maritime routes and traffic lanes within Vietnam’s territorial sea but not entering Vietnam’s internal waters must notify the Marine Port Control Authority of the area the vessel passes through via appropriate communication means. The notification shall include:

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;

đ) The name of the last port departed from and the nearest port of destination;

e) Any requests for assistance or guidance (if applicable).

2. The Vietnam Maritime Administration shall organize the supervision, guidance, and direction of vessels operating on maritime routes and traffic lanes within Vietnam’s territorial sea that have been announced according to this Decree and relevant laws. Such supervision, guidance, and direction shall be conducted via appropriate communication means.

3. In case of a maritime security incident, marine accident, or environmental pollution within Vietnam’s territorial sea, upon receiving a report, the Marine Port Control Authority of the area shall immediately report to the Vietnam Maritime Administration to take timely measures to address and remedy the situation.

Article 10. Activities of Equipment and Structures on Maritime Routes within Vietnam's Territorial Sea

The activities of equipment and structures on maritime routes within Vietnam's territorial sea must comply with the provisions of Article 34 of the Vietnam Maritime Law 2012 and the following regulations:

1. Organizations and individuals must obtain written approval from the Ministry of Transport before conducting surveying, exploration, construction of structures, establishment of safety zones around structures, or other activities on maritime routes within Vietnam's territorial sea.

2. The procedure for implementation is as follows: Organizations and individuals shall submit directly or through appropriate means to the Ministry of Transport one set of documents including the following papers:

a) A request document for conducting surveying, exploration, construction of structures, establishment of safety zones around structures, or other activities on maritime routes within Vietnam's territorial sea;

b) A copy of the document, materials, and certificates proving the necessity of conducting surveying, exploration, construction of structures, establishment of safety zones around structures, or other activities on maritime routes within Vietnam's territorial sea;

c) A copy of opinions from related agencies and organizations (if applicable).

3. Within no more than 15 working days from the date of receipt of a valid application as stipulated in Clause 2 of this Article, the Ministry of Transport shall issue a written approval and send it to the applicant through the postal service or the investor may collect it directly at the Ministry of Transport; if disapproved, a written response with reasons must be provided.

4. When the usage period expires, equipment and structures on maritime routes within 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 Authority of the area about their location, dimensions, shape, depth, and install navigational signals and markers as required.

5. Investors of structures must implement measures to protect their structures. At least three working days prior to implementing the provisions of this Article, investors must notify the Marine Port Control Authority of the area and related agencies and organizations to organize management in accordance with regulations.

Article 11. 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 all 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

MECHANISM FOR COOPERATION IN ACTIVITIES BETWEEN SPECIALIZED STATE MANAGEMENT ORGANIZATIONS WITHIN VIETNAM'S TERRITORIAL SEA

Article 12. Principles and responsibilities for coordinating management activities

1. The Vietnam Maritime Administration shall take the lead and coordinate activities among specialized state management organizations in managing maritime routes and traffic lanes within Vietnam's territorial sea. Specialized state management organizations shall perform their duties in managing maritime routes within Vietnam's territorial sea in accordance with the law, without causing undue inconvenience or affecting the right of innocent passage of foreign vessels.

2. Specialized state management organizations include the Coast Guard and Border Guard Force, which have the responsibility to closely cooperate when performing tasks related to managing maritime routes to facilitate the innocent passage of vessels on maritime routes within Vietnam's territorial sea.

3. Any issues arising in connection with the performance of functions and tasks by specialized state management organizations 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 organization to resolve, such organization must promptly report to its higher-level ministry or sector for immediate resolution. When necessary, relevant ministries and sectors have the responsibility to cooperate 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 notify the decision on handling to the relevant agencies, organizations, and individuals.

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

Article 13. Content of coordination in managing maritime routes and traffic lane division within Vietnam's territorial sea

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

a) Taking the lead in coordinating management activities among specialized state management organizations;

b) Organizing and chairing meetings with specialized state management organizations or with other organizations and enterprises operating on maritime routes to exchange and reach consensus on resolving issues arising during the management of maritime routes and traffic lane division within Vietnam's territorial sea;

c) Requesting competent authorities to require forces to pursue foreign vessels violating the law within Vietnam's territorial sea; requesting other specialized state management organizations to promptly inform about the results of management on maritime routes that have been announced and measures to resolve arising issues; requesting ship owners, captains of vessels, and other related agencies and organizations to provide data and information on maritime activities on maritime routes;

d) Proposing to the Chairman of the People's Committee of the province in the area to promptly resolve issues arising within the province's or city's authority 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) To promptly inform the Vietnam Maritime Administration or the Marine Port Authority of the region about the results of resolving procedures related to vessels, cargo, crew members, and passengers when operating on maritime routes;

c) To immediately inform the Vietnam Maritime Administration or the Marine Port Authority of the region to promptly resolve arising issues after receiving and processing information from the Marine Port Authority of the region or provided by the vessel owner.

Article 14. Inspection, examination, and specialized supervision on maritime routes and traffic channels in Vietnam's territorial sea

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.

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) Situations where it is necessary to ensure national defense, security, social order and safety, maritime safety, maritime security, prevention of environmental pollution, and prevention, control, and containment of diseases.

4. Any person authorized to carry out assigned tasks who engages in arbitrary conduct, seeks personal gain, harasses, causes inconvenience, or exhibits other negative behaviors shall be dealt with according to the law.

Article 15. Responsibilities of Ministries, Sectors, and Provincial People's Committees for the activities of specialized state management agencies on maritime routes and traffic channel division in Vietnam's territorial sea

1. Directing and guiding the activities of subordinate specialized state management agencies to implement coordination in state management activities 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 16. Effective Date

This Decree takes effect from April 1, 2018, and replaces Government Decree No. 146/2013/ND-CP dated October 30, 2013, regarding the announcement of maritime routes and traffic channel division in Vietnam's territorial sea.

Article 17. Implementation Organization

1. The Minister of Transport shall be responsible for chairing and coordinating with relevant ministries, sectors, and provincial People's Committees under central cities to implement this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.