Decree No. 161/2003/ND-CP on Regulations for the Border Sea Area

DECREE

On the regulations of the maritime border area

THE GOVERNMENT

Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on National Border dated June 17, 2003;
At the proposal of the Minister of National Defense,

DECREE

PART I

GENERAL PROVISIONS

Article 1

1. This Decree stipulates the activities of Vietnamese individuals and foreign vessels in the maritime border area with the aim of managing and protecting the national border at sea; maintaining security and social order in the maritime border area.

2. Investment and construction of a strong maritime border area in all aspects, infrastructure development, construction of marine management and protection facilities, adjustment of population in the maritime border area shall be guided by separate documents.

3. Military and police vessels currently performing defense and security missions shall be governed by separate provisions.

4. Foreign vessels enjoying privileges, immunities, and foreign military vessels visiting the Socialist Republic of Vietnam shall comply with Vietnamese laws and international treaties to which Vietnam is a party.

5. Individuals, vessels, goods entering, exiting, transiting, importing, or exporting through maritime routes shall comply with Vietnamese laws and international treaties to which Vietnam is a party.

6. Legal regimes, management and protection regulations for the contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be governed by separate provisions consistent with the United Nations Convention on the Law of the Sea 1982 and other international treaties to which Vietnam is a party.

Article 2

1. The maritime border area extends from the national border at sea inland to the administrative boundaries of coastal communes, wards, towns, islands, and island groups. A list of coastal communes, wards, towns, and islands is attached as an appendix.

2. The national border at sea is delineated and marked by coordinates on nautical charts as the outer limit of territorial waters of the mainland, islands, and island groups of Vietnam, determined according to the United Nations Convention on the Law of the Sea 1982 and international treaties between the Socialist Republic of Vietnam and relevant countries.

Article 3. In this Decree, the following terms are understood as follows:

1. "Vietnamese individual" means an individual holding Vietnamese nationality.

2. "Foreign individual" means an individual not holding Vietnamese nationality.

3. "Activities" of Vietnamese and foreign individuals and vessels in the maritime border area include departure, entry, anchorage, movement, exploration, exploitation of natural resources; marine scientific research; aquaculture, purchase, and processing of aquatic products; transportation; environmental protection, and other activities.

4. "Vessel" refers to waterborne or underwater means of transport including ships, boats, and other motorized or non-motorized vessels.

Article 4. Vietnamese and foreign individuals and vessels operating in the maritime border area must comply with the provisions of this Decree and other Vietnamese laws and international treaties to which Vietnam is a party.

Article 5. Vietnamese and foreign individuals and vessels operating in the maritime border area must possess complete documentation and equipment ensuring safety as prescribed by law; operate within permitted purposes, scope, and timeframes, follow designated routes, and be subject to supervision, inspection, control, and handling by competent authorities of Vietnam.

Article 6

1. Within the maritime border area, restricted zones and prohibited areas are established.

a) Prohibited areas are defined to ensure defense and security tasks. The Ministry of Defense specifies the duration and specific scope of prohibited areas and reports.

b) Restricted activity zones are established due to environmental reasons, salvage operations, search and rescue, or military exercises. Restricted activity zones are determined by the relevant ministry or sector and reported to the provincial or municipal People's Committee for decision-making, while simultaneously notifying the Ministry of Defense.

c) Decisions regarding prohibited areas and restricted activity zones must be notified to local authorities, the Vietnam Maritime Administration, and related entities for implementation.

2. The scope of prohibited areas and restricted activity zones must be marked by signs (on land) or coordinates on nautical charts (at sea).

Article 7. Tourist, service, trade areas, and joint venture economic zones in the maritime border area shall comply with government regulations for those areas. If such activities relate to the national border, prohibited areas, or restricted activity zones in the maritime border area, they shall comply with the Law on National Border and this Decree.

Article 8

1. When a disaster, fire, environmental catastrophe (referred to as an accident) occurs in the maritime border area, the person who discovers it must promptly issue a distress signal as prescribed and take immediate measures within their capacity to save lives, property, and minimize losses.

2. Individuals operating in the maritime border area upon receiving a distress signal or discovering a vessel in distress must quickly organize rescue efforts and immediately inform the nearest maritime forces, local authorities, or border guard stations, or notify the nearest Marine Search and Rescue Coordination Center to organize rescue operations.

3. Everyone must comply with mobilization orders, commands, and directives from authorized persons or agencies in the maritime border area to participate in rescue operations and mitigate consequences.

4. Individuals participating in rescue operations to save lives and property and minimize losses, if they suffer death, injury, or property damage, shall be entitled to benefits and policies as prescribed by law.

Article 9. Managing and protecting the national border at sea, maintaining security and social order in the maritime border area is the responsibility and duty of agencies, organizations, armed forces units, local authorities, and all citizens.

Chapter II

REGULATIONS FOR VIETNAMESE INDIVIDUALS AND VESSELS OPERATING IN THE MARITIME BORDER AREA

AREA WITHIN THE MARITIME BOUNDARY ZONE

Article 10. Vietnamese individuals and vessels operating in the maritime border area must have the following documents:

1. For individuals:

a) Identity documents issued by authorized agencies (citizen identification card or documents issued by the police station of the place of residence);

b) Professional certificates of seafarers and seafarer books as prescribed by law;

c) Permit to use weapons (if applicable);

2. For vessels:

a) Certificate of vessel registration;

b) Safety technical certificate as prescribed by law;

c) Registration number plate as prescribed;

d) Seafarer logbook;

đ) Permit to use frequency and radio wave transmitting equipment;

e) Documents related to goods on board the vessel;

3. In addition to the documents specified in Clause 1 and 2 of this Article, persons and vessels operating in the maritime border area must have other relevant documents relating to their field of activity as prescribed by law.

Article 11. Military exercises, search and rescue drills, live ammunition firing or explosive material usage within the maritime border area shall be carried out according to plans approved by competent authorities and notified to the relevant parties at least five days prior to implementation, while also notifying the People's Committee and Border Guard Force of the provincial level and the Vietnam Maritime Administration.

Article 12. Persons and vessels conducting exploration, scientific research, geological surveys, and mineral surveys in the maritime border area, in addition to the documents stipulated in Article 10 of this Decree, must obtain permission from the competent authority and notify the People's Committee and Border Guard Force of the provincial level where the maritime border is located at least two days before carrying out the mission.

Chapter III

PROVISIONS FOR FOREIGN PERSONS AND VESSELS

OPERATING IN THE MARITIME BORDER AREA

Article 13. Foreign persons and vessels operating in the maritime border area must have the following documents:

1. For individuals:

a) Valid passport or equivalent travel document;

b) Other documents as prescribed by Vietnamese law;

2. For vessels:

a) Certificate of vessel registration;

b) Safety technical certificate as prescribed by law;

c) Crew list, service personnel, and passenger list on board the vessel;

d) Permit to use frequency and radio wave transmitting equipment;

đ) Documents related to goods transported on the vessel and other relevant documents prescribed by Vietnamese law for each type of vessel and field of operation (except as provided for in Article 18 of this Decree);

Article 14. Foreign nationals residing permanently or temporarily in Vietnam who enter coastal communes, wards, towns or go to and from islands, island groups (excluding tourist areas, service areas, border economic zones with separate regulations) must have a permit issued by the provincial-level public security agency and be subject to inspection and control by Vietnamese competent authorities.

Article 15. Foreign vessels operating in the Vietnamese maritime border area must fly their national flag and the Vietnamese national flag at the highest mast.

Article 16. When foreign vessels anchor regularly or temporarily at Vietnamese ports or wharfs, they must comply with Vietnamese laws, be subject to supervision, inspection, control, and violation handling by Vietnamese competent authorities.

Article 17. When foreign vessels anchor at ports or wharfs, if foreign crew members or staff disembark, they must have a permit issued by the Vietnamese Port Border Guard Post where the vessel is anchored.

Article 18

1. When exercising the right of innocent passage through Vietnamese territorial waters, foreign vessels must comply with the provisions of the United Nations Convention on the Law of the Sea 1982 and related regulations concerning collision prevention at sea, laws and regulations of the Socialist Republic of Vietnam, and international treaties to which Vietnam is a party regarding the following matters:

a) Not causing harm to peace, security, and environmental order of the Socialist Republic of Vietnam;

b) Maritime safety and marine traffic coordination;

c) Protection of maritime safety equipment and systems and other facilities;

d) Protection of submarine cables and pipelines;

đ) Conservation of marine biological resources;

e) Preventing violations of Vietnamese laws and regulations related to fishing;

f) Preserving the environment of the Socialist Republic of Vietnam and preventing, limiting, and controlling pollution;

g) Marine scientific research and hydrographic survey;

h) Preventing violations of customs, tax, health, or immigration laws and regulations of the Socialist Republic of Vietnam.

2. To ensure national defense and security, the right of innocent passage of foreign vessels may be temporarily suspended in certain areas of Vietnamese territorial waters.

3. Submarines and other submerged vessels must operate in surfaced condition and display their national flag.

Article 19

1. Nuclear-powered foreign vessels and vessels transporting radioactive or other hazardous substances when exercising the right of innocent passage through Vietnamese territorial waters must carry all necessary documentation and apply special preventive measures as prescribed by Vietnamese law and international treaties to which Vietnam is a party for such vessels.

2. The vessels referred to in Clause 1 of this Article may only enter and operate in internal waters and territorial seas of Vietnam after obtaining permission.

Article 20. Foreign persons and vessels conducting exploration, surveying, researching, fishing, or exploiting marine resources must obtain permission from Vietnamese competent authorities, notify the People's Committee and Border Guard Force of the provincial level where the maritime border is located at least two days before carrying out the mission. They must comply with Vietnamese laws and the provisions of this Decree during operations.

Article 21

1. In cases where accidents, incidents, or other objective reasons (referred to as distress) force vessels to stop or anchor in Vietnamese territorial waters without being able to comply with this Decree and other Vietnamese laws, the vessel commander must immediately report to the port authority, national search and rescue agency, local government, or other competent Vietnamese authority nearest to the location.

2. Upon receiving the report, the authorities mentioned in Clause 1 of this Article must organize rescue operations or report to the responsible agency for organizing rescue operations.

3. Persons and vessels involved in an accident must comply with all instructions given by rescue authorities.

Chapter IV

MANAGEMENT AND PROTECTION OF MARITIME BORDER ZONES

Article 22

1. The Government shall uniformly direct activities related to managing and protecting the national maritime border and maintaining public security and social order in the maritime border zone.

2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to uniformly guide and instruct coastal People's Committees at all levels to organize the management and protection of the national maritime border, maintain public security and social order in the maritime border zone in accordance with the provisions of the law.

3. The Ministry of Foreign Affairs shall direct and guide ministries, sectors, and People's Committees at all levels to implement policies on border construction and international treaties on borders that Vietnam has signed with relevant countries. It shall cooperate with the Ministry of National Defense to guide the Border Guard Force in performing diplomatic tasks and resolving matters related to both sides of the border.

4. The Ministry of Public Security shall direct and guide ministries, sectors, and People's Committees at all levels to protect the security of the maritime border zone; link border security with internal security. It shall cooperate with the Ministry of National Defense to guide and instruct the Border Guard Force in ensuring security, order, and combating crime in the maritime border zone.

5. Ministries, agencies equivalent to ministries, and government agencies within their respective functions and powers shall perform state management over the national maritime border, coordinate with the Ministry of National Defense to guide and instruct People's Committees at all levels to construct, manage, and protect the national maritime border, maintain public security and social order in the maritime border zone in accordance with the law.

6. People's Committees at all levels within their respective functions shall perform state management over the national maritime border in accordance with the Government's regulations and the guidance and directives of the Ministry of National Defense and competent ministries and sectors. They shall develop production planning in conjunction with residential planning, improve the material and spiritual life of the people in the border area; combine infrastructure development and socio-economic development with consolidation and enhancement of national defense and security in the maritime border zone. They shall direct local forces, departments, and agencies to cooperate with the Border Guard Force in border management and protection activities and maintain public security and order in the maritime border zone under their jurisdiction.

Article 23

1. The Border Guard Force is the core specialized force responsible for leading and coordinating with the People's Public Security Forces, relevant sectors, and local authorities in activities related to managing and protecting the national maritime border, maintaining public security and social order in the maritime border zone.

2. Within the maritime border zone, the Border Guard Force and other forces tasked with protecting the national maritime border may deploy personnel and equipment, conduct operational measures, use various types of equipment, weapons, military gear, technical means, and support tools, and build facilities to serve the purpose of managing and protecting the national maritime border, maintaining public security and social order in the maritime border zone.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1. Forces and functional sectors operating in the maritime border zone must comply with the provisions of this Decree and the law; they have the responsibility to cooperate with the Border Guard Force in managing and protecting the national maritime border on the sea (except for the objects specified in Clause 4 and 5 of Article 1 of this Decree).

2. While performing their duties, officers, soldiers, and staff members of functional sectors must wear uniforms, wear identification badges, and insignias according to the law; vehicles used for duty must display the national flag and service flags.

Article 25. When constructing tourism projects, transportation projects, fisheries projects, forest farms, port and dock facilities, and joint economic zones with foreign countries, or when exploring and exploiting resources in the maritime border zone, the managing agency must coordinate with the local authority and seek the opinions of relevant sectors and the Border Guard Force before submitting to the competent authority for approval.

Article 26. Supervision, inspection, control, arrest, and handling of persons and vessels violating the law by competent authorities must be carried out in accordance with Vietnamese law and international treaties to which Vietnam is a party.

Article 27. When there is evidence suggesting that a vessel carries signs of smuggling, storing, buying, selling, or illegally transporting narcotics, or illegally storing or transporting weapons, flammable and explosive materials, toxic substances, and secret documents of the Vietnamese State, specialized patrol and control forces have the right to issue orders to inspect, control, and arrest such vessels for handling in accordance with Vietnamese law and international treaties to which Vietnam is a party.

Article 28. When there is suspicion of illegal acts, specialized patrol and control forces may signal vessels to stop for inspection and control; if the person in charge of the vessel does not comply with the stop signal, the specialized patrol and control forces have the right to pursue; if the pursued vessel continues to refuse to stop despite the use of stop signals, the commander of the pursuing force may use support tools and weapons as prescribed by law; in cases where there are casualties, emergency medical care must be organized, and if there is a death, it must be resolved together with the local authority in accordance with the law.

Article 29. When exercising the right to pursue, the commander of the pursuing force may mobilize personnel and vessels of state agencies, organizations, and individuals operating in the maritime border zone to participate in the pursuit, except for vessels and other means of transport of foreign entities enjoying privileges and immunities under Vietnamese law.

Organizations and individuals whose vessels, means of transport, and property are mobilized for the exercise of the right to pursue, if suffering losses, shall be compensated in accordance with the law. The commander of the pursuing force shall bear legal responsibility for his decisions.

Article 30. Specialized management agencies shall exercise their authority to handle violations occurring in the maritime border area within their jurisdiction. In cases where the jurisdiction for handling violations in the maritime border area is unclear or involves multiple sectors, the agency that has taken charge shall report to the People's Committee at the level with the appropriate authority for instructions on handling in accordance with the law.

Article 31. Individuals and vessels when entering, exiting, or operating in the maritime border area must present relevant documents directly related to their activities to the Border Guard Control Station and be subject to inspection and control by the Border Guard Force.

Article 32

1. The regulations governing the activities of Vietnamese and foreign individuals and vessels at military ports and seaports shall be stipulated by the Government and relevant ministries and sectors within their respective jurisdictions.

2. Apart from the ports specified in Clause 1 of this Article, the People's Committee of the province bordering the sea, based on its functions, tasks, and authorities, shall decide to establish and specify detailed rules for berths, beaches, and anchorage areas for individuals and vessels in its locality. Vessels must register for regular or temporary anchorage and strictly comply with the anchorage rules.

Article 33. Organizations and individuals who discover acts violating national sovereignty, national security, social order, and safety in the maritime border area, or who find sunken or drifting assets at sea, shall have the responsibility to immediately report and hand them over to the local authorities or the nearest Border Guard Post or Maritime Port Authority for handling in accordance with the law.

Article 34. The following activities are strictly prohibited in the maritime border area:

1. Filming, photographing, sketching scenery, recording video or audio, transmitting radio waves in areas marked with prohibitory signs.

2. Anchoring vessels in unauthorized locations or obstructing inland waterway traffic.

3. Fishing, hunting in violation of the law.

4. Organizing, harboring, guiding, transporting persons entering or leaving the country illegally.

5. Illegally loading persons or goods onto or off vessels.

6. Launching aircraft or landing on vessels or other objects in contravention of Vietnamese law.

7. Illegally buying, selling, exchanging, transporting, using weapons, flammable materials, explosives, toxic substances, narcotics, goods, items, foreign currency.

8. Salvaging or removing assets or objects without permission from the competent Vietnamese authority.

9. Attaching or mooring vessels to buoys or engaging in actions that harm the safety of facilities and equipment in the maritime border area.

10. Disposing of harmful substances causing environmental pollution.

11. Other activities that violate Vietnamese law.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 36

1. Annually, the Ministry of National Defense shall coordinate with the Ministries of Planning and Investment, Finance to prepare the budget estimate for managing and protecting the national maritime border, maintaining national security, social order, and public safety in the maritime border area, to be submitted to the Government for decision.

2. The Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide and inspect the implementation of this Decree.

Article 37. 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.