Law on the Sea of Vietnam No. 18/2012/QH13

LAW

Vietnam's Sea

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on Vietnam's Sea.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the baseline, internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf, islands, the Paracel Archipelago, the Spratly Archipelago, and other archipelagos under Vietnam’s sovereignty, sovereign rights, and jurisdiction; activities within Vietnam’s maritime zones; marine economic development; management and protection of the sea and islands.

Article 2. Application of Law

1. In case there is a difference between the provisions of this Law and those of other laws regarding sovereignty, legal regimes of Vietnam’s maritime zones, the provisions of this Law shall apply.

2. In case the provisions of this Law differ from those of international treaties to which the Socialist Republic of Vietnam is a party, the provisions of such international treaties shall apply.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Vietnam's Maritime Zones include internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf under Vietnam’s sovereignty, sovereign rights, and jurisdiction, determined according to Vietnamese law, international treaties on border delimitation to which the Socialist Republic of Vietnam is a party, and consistent with the United Nations Convention on the Law of the Sea 1982.

2. International Waters consist of all areas of the sea beyond Vietnam’s exclusive economic zone and those of other countries, but excluding the seabed and subsoil thereof.

3. Vessels is a means operating on the surface or under the water including ships, boats, and other vessels with or without engines.

4. Military Ship is a ship belonging to the armed forces of a State and bearing external marks clearly indicating the nationality of that State, commanded by an officer serving that State who is listed in the officer roster or equivalent document; operated by a crew acting under military discipline orders.

5. Public Service Vessel is a vessel specifically used for performing public duties of the State not for commercial purposes.

6. Resources includes biological and non-biological resources in the water, seabed, and subsoil thereof.

7. Contour Line is a line connecting points of equal depth in the sea.

Article 4. Principles of Management and Protection of the Sea

1. Management and protection of the sea are carried out uniformly in accordance with Vietnamese law, consistent with the United Nations Charter and other international treaties to which the Socialist Republic of Vietnam is a party.

2. Agencies, organizations, and all Vietnamese citizens have the responsibility to protect national sovereignty, sovereign rights, and jurisdiction over maritime zones, islands, and archipelagos, to protect marine resources and environment.

3. The State resolves disputes related to the sea and islands with other countries through peaceful measures consistent with the United Nations Convention on the Law of the Sea 1982, international law, and practice.

Article 5. Policy on Management and Protection of the Sea

1. To mobilize the strength of the entire nation and implement necessary measures to protect national sovereignty, sovereign rights, and jurisdiction over maritime zones, islands, and archipelagos, to protect marine resources and environment, to develop the marine economy.

2. To build and implement strategies, plans, and programs for sustainable management, utilization, exploitation, and protection of maritime zones, islands, and archipelagos to serve the goals of socio-economic development, national defense, and security.

3. To encourage organizations and individuals to invest labor, materials, capital, and apply scientific and technological achievements in the utilization, exploitation, and development of the marine economy, protection of marine resources and environment, sustainable development of maritime zones suitable to each region's conditions while ensuring national defense and security requirements; to strengthen information dissemination about marine potential, policies, and laws.

4. To encourage and protect fishing activities of fishermen in maritime zones, to protect the activities of organizations and Vietnamese citizens outside Vietnam’s maritime zones in accordance with international treaties to which the Socialist Republic of Vietnam is a party, international law, and relevant coastal state laws.

5. To invest in ensuring the operation of forces tasked with patrolling and controlling maritime zones, upgrading logistical bases for maritime and island activities, developing human resources for the sea.

6. To implement preferential policies for people living on islands and archipelagos; preferential treatment for forces participating in the management and protection of maritime zones, islands, and archipelagos.

Article 6. International Cooperation on the Sea

1. The State shall actively promote international cooperation on the sea with other countries, international organizations, and regional organizations based on international law, respecting independence, sovereignty, and territorial integrity, equality, and mutual benefit.

2. The contents of international cooperation on the sea include:

a) Marine and ocean investigation and research; application of science, technology, and technology;

b) Response to climate change, prevention, and warning of natural disasters;

c) Protection of marine biodiversity and marine ecosystems;

d) Prevention of marine environmental pollution, treatment of waste from marine economic activities, response to oil spills;

đ) Search and rescue at sea;

e) Prevention and combating of crimes at sea;

g) Sustainable exploitation of marine resources, development of marine tourism.

Article 7. State Management of the Sea

1. The Government shall uniformly manage state affairs concerning the sea throughout the country.

2. Ministries, ministerial-level agencies, provincial People's Committees along the coast under the central government shall implement state management of the sea within their respective functions and powers.

Chapter II

VIETNAMESE MARINE ZONE

Article 8. Determination of Baseline

The baseline used to measure the width of Vietnam’s territorial sea is a straight baseline that has been announced by the Government. The Government shall determine and announce the baseline in areas where there is no baseline after being approved by the Standing Committee of the National Assembly.

Article 9. Internal Waters

Internal waters are the waters adjacent to the coast, located inside the baseline, and are part of the territory of Vietnam.

Article 10. Legal Regime of Internal Waters

The State shall exercise full, absolute, and complete sovereignty over internal waters as it does over land territory.

Article 11. Territorial Sea

The territorial sea is the maritime zone extending up to twelve nautical miles measured from the baseline towards the sea. The outer limit of the territorial sea is the national boundary on the sea of Vietnam.

Article 12. Legal Regime of the Territorial Sea

1. The State shall exercise full and complete sovereignty over the territorial sea and its airspace, seabed, and subsoil of the territorial sea in accordance with the United Nations Convention on the Law of the Sea of 1982.

2. Ships of all States enjoy the right of innocent passage through Vietnam’s territorial sea. For foreign military ships when exercising the right of innocent passage through Vietnam’s territorial sea, prior notification to the competent authority of Vietnam is required.

3. The innocent passage of foreign ships must be carried out on the basis of respecting peace, independence, sovereignty, Vietnamese law, and international treaties to which the Socialist Republic of Vietnam is a party.

4. Foreign aircraft may not enter the airspace above Vietnam’s territorial sea except with the consent of the Government of Vietnam or in accordance with international treaties to which the Socialist Republic of Vietnam is a party.

5. The State has sovereignty over all types of archaeological and historical artifacts in Vietnam’s territorial sea.

Article 13. Contiguous Zone

The contiguous zone is the maritime area immediately adjacent to and outside Vietnam’s territorial sea, having a breadth of twelve nautical miles measured from the outer limit of the territorial sea.

Article 14. Legal Regime of the Contiguous Zone

1. The State shall exercise sovereign rights, jurisdiction, and other rights prescribed in Article 16 of this Law over the contiguous zone.

2. The State shall exercise control in the contiguous zone to prevent and punish violations of customs, tax, health, and immigration laws occurring on the territory or in the territorial sea of Vietnam.

Article 15. Exclusive Economic Zone

The Exclusive Economic Zone is the sea area adjacent to and beyond the territorial sea of Vietnam, together with the territorial sea forming a maritime zone with a width of 200 nautical miles measured from the baseline.

Article 16. Legal Regime of the Exclusive Economic Zone

1. In the Exclusive Economic Zone, the State shall exercise:

a) Sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources of the waters superjacent to the seabed and of the seabed and subsoil thereof; and other activities for the economic exploitation of such zones;

b) Jurisdiction over the installation and use of artificial islands, and facilities and structures on the seabed; marine scientific research; protection and preservation of the marine environment;

c) Other rights and duties consistent with international law.

2. The State respects the freedom of navigation and overflight; the laying and burying of submarine cables and pipelines and other lawful uses of the sea by other States within the Exclusive Economic Zone of Vietnam in accordance with this Law and international treaties to which the Socialist Republic of Vietnam is a party, without prejudice to the sovereign rights, jurisdiction and national interests of Vietnam in the sea.

The laying of submarine cables and pipelines must be approved in writing by the competent state agency of Vietnam.

3. Foreign organizations and individuals may participate in exploration, utilization, exploitation of natural resources, scientific research, installation of equipment and structures in the Exclusive Economic Zone of Vietnam based on international treaties to which the Socialist Republic of Vietnam is a party, contracts concluded in accordance with Vietnamese law, or permission granted by the Government of Vietnam, in compliance with relevant international law.

4. Rights relating to the seabed and subsoil thereof as provided for in this Article shall be implemented in accordance with Articles 17 and 18 of this Law.

Article 17. Continental Shelf

The continental shelf is the seabed and subsoil of the sea, adjacent to and beyond the territorial sea of Vietnam, extending over the whole of the natural prolongation of its land territory and internal waters, including its islands and archipelagos, to the outer edge of the continental margin.

Where the outer edge of the continental margin does not reach 200 nautical miles from the baseline, the continental shelf there extends up to 200 nautical miles from the baseline.

Where the outer edge of the continental margin exceeds 200 nautical miles from the baseline, the continental shelf there extends up to 350 nautical miles from the baseline or up to 100 nautical miles from the foot of the continental slope where the depth is 2,500 meters.

Article 18. Legal Regime of the Continental Shelf

1. The State exercises sovereign rights over the continental shelf for the purpose of exploring and exploiting its natural resources.

2. The sovereign rights provided for in Clause 1 of this Article are exclusive; no one may conduct exploration or exploitation of the continental shelf without the consent of the Government of Vietnam.

3. The State has the right to exploit the subsoil under the seabed, permits and regulates drilling for any purpose on the continental shelf.

4. The State respects the laying and burying of submarine cables and pipelines and other lawful uses of the sea by other States on the continental shelf of Vietnam in accordance with this Law and international treaties to which the Socialist Republic of Vietnam is a party, without prejudice to the sovereign rights, jurisdiction and national interests of Vietnam in the sea.

The laying of submarine cables and pipelines must be approved in writing by the competent state agency of Vietnam.

5. Foreign organizations and individuals may participate in exploration, utilization, exploitation of natural resources, scientific research, installation of equipment and structures on the continental shelf of Vietnam based on international treaties to which the Socialist Republic of Vietnam is a party, contracts concluded in accordance with Vietnamese law, or permission granted by the Government of Vietnam.

Article 19. Islands, Archipelagos

1. An island is a natural land area surrounded by water, which remains above the surface of the water at high tide. An archipelago is a group of islands, including parts of islands, contiguous waters, and other natural components closely related to each other.

2. Islands and archipelagos under the sovereignty of Vietnam are integral parts of the territory of Vietnam that cannot be separated.

Article 20. Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone, and Continental Shelf of Islands, Archipelagos

1. An island suitable for human habitation or economic life has internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf.

2. A rock incapable of sustaining human habitation or economic life does not have an exclusive economic zone or continental shelf.

3. The internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf of islands and archipelagos are determined according to the provisions of Articles 9, 11, 13, 15, and 17 of this Law and are shown on maritime charts and geographic coordinate lists published by the Government.

Article 21. Legal Regime of Islands, Archipelagos

1. The State exercises sovereignty over islands and archipelagos of Vietnam.

2. The legal regime for internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf of islands and archipelagos is implemented according to the provisions of Articles 10, 12, 14, 16, and 18 of this Law.

Chapter III

ACTIVITIES IN VIETNAMESE MARITIME ZONES

Article 22. General Provisions

1. Organizations and individuals conducting activities in Vietnamese maritime zones must respect Vietnam's sovereignty, territorial integrity, rights of sovereignty, jurisdiction, and national interests, comply with Vietnamese laws and relevant international laws.

2. The State respects and protects the legitimate rights and interests of vessels, organizations, and individuals engaged in activities in Vietnamese maritime zones in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 23. Innocent Passage through the Territorial Sea

1. Passage through the territorial sea means foreign vessels navigating within Vietnam’s territorial sea for one of the following purposes:

a) Passing through without entering Vietnam’s internal waters, and without anchoring at a port facility, wharf, or anchorage outside Vietnam’s internal waters;

b) Entering or leaving Vietnam’s internal waters or anchoring at or departing from a port facility, wharf, or anchorage outside Vietnam’s internal waters.

2. Passage through the territorial sea must be continuous and expeditious, except in cases of maritime accidents, force majeure, distress, or for the purpose of rescuing persons, ships, or aircraft in distress.

3. Innocent passage through the territorial sea shall not prejudice peace, national defense, security of Vietnam, or maritime safety and order. The passage of foreign vessels through Vietnam’s territorial sea shall be considered prejudicial to peace, national defense, security of Vietnam, and social order if such vessels engage in any of the following acts:

a) Threatening or using force against Vietnam's independence, sovereignty, and territorial integrity;

b) Threatening or using force against the independence, sovereignty, and territorial integrity of another state; committing acts contrary to the fundamental principles of international law as stipulated in the United Nations Charter;

c) Practicing or rehearsing with any type of weapon in any form;

d) Collecting information detrimental to Vietnam's national defense and security;

đ) Propaganda aimed at harming Vietnam's national defense and security;

e) Launching, receiving, or landing aircraft on vessels;

g) Launching, receiving, or landing military equipment on vessels;

h) Loading or unloading goods, money, or embarking or disembarking passengers on vessels in violation of Vietnamese laws on customs, taxation, health, or immigration;

i) Intentionally causing severe marine environmental pollution;

k) Illegally fishing;

l) Illegally researching, investigating, or exploring;

m) Affecting the operation of communication systems or other facilities and installations of Vietnam;

n) Conducting other activities not directly related to passage.

Article 24. Obligations when exercising the right of innocent passage

1. When exercising the right of innocent passage through Vietnam's territorial sea, foreign organizations and individuals shall be obliged to comply with the provisions of Vietnamese law on the following matters:

a) Maritime safety and maritime traffic control, shipping routes, and traffic separation schemes;

b) Protection of maritime equipment and systems, as well as other facilities or installations;

c) Protection of submarine cables and pipelines;

d) Conservation of marine biological resources;

đ) Fishing, exploitation, and aquaculture activities;

e) Preservation of the marine environment, prevention, limitation, and control of marine environmental pollution;

g) Marine scientific research and hydrographic survey;

h) Customs, taxes, health, and immigration.

2. The master of a foreign ship powered by nuclear energy or carrying radioactive, toxic, or hazardous materials, when navigating through Vietnam's territorial sea, shall be obliged to perform the following duties:

a) Carry all relevant technical documents concerning the ship and cargo, as well as documents on compulsory civil liability insurance;

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

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

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

Article 25. Shipping routes and traffic separation schemes for innocent passage in the territorial sea

1. The Government shall stipulate the announcement of shipping routes and traffic separation schemes for innocent passage in the territorial sea to ensure maritime safety.

2. Foreign ships carrying oil or powered by nuclear energy, or carrying radioactive, toxic, or hazardous materials, when exercising the right of innocent passage through Vietnam's territorial sea, may be required to follow specific shipping routes established for each case.

Article 26. Prohibited zones and restricted areas in the territorial sea

1. To protect sovereignty, national defense, security, and national interests, or maritime safety, to protect marine resources and ecosystems, prevent pollution, mitigate environmental disasters, and control the spread of diseases, the Government may establish temporary prohibited zones or restricted areas in Vietnam's territorial sea.

2. The establishment of temporary prohibited zones or restricted areas in Vietnam's territorial sea as provided for in Clause 1 of this Article must be widely announced both domestically and internationally in the "Maritime Notice," according to international maritime custom, at least fifteen days before implementation or immediately upon implementation in emergency situations.

Article 27. Foreign military vessels and government service vessels arriving in Vietnam

1. Foreign military vessels and government service vessels may enter internal waters, anchor at a port facility, wharf, or anchorage within internal waters, or at a port facility, wharf, or anchorage outside Vietnam's internal waters only upon invitation by the Government of Vietnam or pursuant to an agreement between Vietnamese competent authorities and the flag State of the vessel.

2. Foreign military vessels and government service vessels while in internal waters, ports, wharfs, or anchorages within internal waters, or at port facilities, wharfs, or anchorages outside Vietnam's internal waters must comply with the provisions of this Law and other relevant Vietnamese laws, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, and must operate in accordance with the invitation of the Government of Vietnam or agreements with Vietnamese competent authorities.

Article 28. Responsibilities of foreign military vessels and public service vessels in Vietnam's territorial sea

When foreign military vessels violate Vietnamese laws while operating in Vietnam's territorial sea, Vietnam's maritime patrol and control forces have the right to demand such vessels immediately cease their violations and leave Vietnam's territorial sea immediately if they are within it. The violating vessels must comply with the demands and orders of Vietnam's maritime patrol and control forces.

In cases where foreign military vessels or public service vessels violate Vietnamese laws or relevant international laws while operating in Vietnam's territorial sea, the state whose flag the vessel bears shall be responsible for all losses or damages caused by such vessels to Vietnam.

Article 29. Activities of foreign submarines and other submerged vessels in Vietnam’s internal waters and territorial sea

In Vietnam’s internal waters and territorial sea, foreign submarines and other submerged vessels must operate on the surface and display their national flag, except when permitted by the Government of Vietnam or pursuant to an agreement between the Government of Vietnam and the government of the state whose flag the vessel bears.

Article 30. Criminal jurisdiction over foreign vessels

1. Within the scope of their duties and powers, maritime patrol and control forces have the right to take measures to arrest persons and investigate crimes committed on foreign vessels after they have left Vietnam’s internal waters and are traveling through Vietnam’s territorial sea.

2. For crimes committed on foreign vessels traveling through Vietnam’s territorial sea but not immediately after leaving Vietnam’s internal waters, maritime patrol and control forces have the right to take measures to arrest persons and investigate in the following cases:

a) The consequences of the crime affect Vietnam;

b) The crime has a nature that undermines Vietnam’s peace or order in its territorial sea;

c) The master of the ship or a diplomatic or consular officer of the state whose flag the vessel bears requests assistance from competent Vietnamese authorities;

d) To prevent human trafficking, illegal drug trafficking, storage, or transportation.

3. Maritime patrol and control forces may not take any measures on foreign vessels traveling through Vietnam’s territorial sea to arrest persons or investigate crimes that occurred before the vessel entered Vietnam’s territorial sea if the vessel departed from a foreign port and only travels through the territorial sea without entering Vietnam’s internal waters, except in cases where it is necessary to prevent or limit marine environmental pollution or to enforce national jurisdiction as provided for in point b, Clause 1, Article 16 of this Law.

4. The implementation of criminal proceedings must comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 31. Civil jurisdiction over foreign vessels

1. Maritime patrol and control forces may not require foreign vessels traveling through Vietnam’s territorial sea to stop or change course solely for the purpose of exercising civil jurisdiction over individuals on board.

2. Maritime patrol and control forces may not take measures to arrest or handle civil matters against foreign vessels traveling in Vietnam’s exclusive economic zone, except in internal waters, unless the enforcement of such measures relates to obligations undertaken or civil responsibilities that the vessel must assume while passing through or being allowed to pass through Vietnam’s exclusive economic zone.

3. Maritime patrol and control forces may apply measures to arrest or handle foreign vessels for the purpose of exercising civil jurisdiction if the vessel is moored in Vietnam’s territorial sea or passes through it after leaving Vietnam’s internal waters.

Article 32. Communication in Ports, Wharves, or Anchorage Areas of Vietnam

Organizations, individuals, and vessels when located within ports, wharves, or anchorage areas in internal waters or outside internal waters but within port, wharf, or anchorage facilities of Vietnam shall only conduct communication in accordance with the relevant provisions of Vietnamese law and international law.

Article 33. Search and Rescue

1. In cases where persons, vessels, or aircraft encounter danger or peril at sea requiring assistance, they must send distress signals as prescribed and, if conditions permit, immediately notify the maritime port authority or the Vietnam Maritime Search and Rescue Coordination Center or the nearest local authorities for necessary assistance and guidance.

2. Upon recognizing the situation of persons or vessels encountering danger or peril or upon receiving distress signals from persons or vessels in need of rescue, all individuals and other vessels must, to the extent possible without endangering their own vessels or persons on board, provide assistance to those in peril and promptly inform relevant individuals or organizations thereof.

3. The State ensures necessary assistance according to Vietnamese law, relevant international law, and humanitarian principles so that persons and vessels in peril at sea can be quickly searched for, rescued, and have consequences mitigated.

4. Within Vietnam's internal waters and territorial sea, the State has exclusive rights to carry out search and rescue operations for persons and vessels in peril requiring assistance.

5. Competent authorities have the right to mobilize individuals and vessels operating in Vietnam’s waters to participate in search and rescue operations if conditions permit and do not pose a danger to them.

The mobilization and requirements stipulated in this clause may only be implemented in emergencies and only for the time necessary to carry out search and rescue operations.

6. Marine salvage operations are carried out based on marine salvage contracts agreed between the vessel owner or captain participating in the rescue and the owner or captain of the vessel in peril, in compliance with Vietnamese law and relevant international law.

7. Foreign vessels entering Vietnamese waters to perform search and rescue operations, disaster relief, and mitigation upon request of Vietnamese competent authorities must comply with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 34. Artificial Islands, Equipment, and Structures at Sea

1. Artificial islands, equipment, and structures at sea include:

a) Offshore drilling platforms together with all dependent parts ensuring normal and continuous operation of the platforms or specialized equipment for exploration, exploitation, and utilization of the sea;

b) Types of maritime navigation aids;

c) Other equipment and structures installed and used at sea.

2. The State has jurisdiction over artificial islands and equipment and structures at sea in Vietnam’s Exclusive Economic Zone and Continental Shelf, including jurisdiction as provided by laws on customs, taxation, health, security, and immigration.

3. Artificial islands, equipment, and structures at sea, along with their accompanying or dependent parts, have a safety zone of 500 meters measured from the farthest point protruding from the island, equipment, structure, or part, but do not have territorial seas or contiguous zones.

4. Artificial islands, equipment, and structures at sea, as well as establishing safety zones around them, shall not be constructed in places likely to obstruct internationally recognized shipping routes essential for international navigation.

5. When their service life expires, offshore equipment and structures must be dismantled from Vietnam’s waters unless authorized by competent authorities. For remaining parts of offshore equipment and structures that cannot be completely dismantled due to technical reasons or are permitted to extend their service life, their location, dimensions, shape, depth must be clearly marked, and appropriate maritime navigation aids and warning signals must be placed.

6. Information related to the establishment of artificial islands, equipment, and structures at sea, the establishment of safety zones around them, and partial or complete dismantling of such equipment and structures must be provided to Vietnamese competent authorities at least 15 days before the start of the establishment or dismantling of artificial islands, equipment, and structures at sea, and widely announced domestically and internationally.

Article 35. Preservation and Protection of Marine Resources and Environment

1. When operating in Vietnam's territorial waters, vessels, organizations, and individuals must comply with all provisions of Vietnamese law and international law related to the preservation and protection of marine resources and environment.

2. When transporting, loading, or unloading goods and equipment that have the potential to harm marine resources, human life, and cause marine environmental pollution, vessels, organizations, and individuals must use specialized equipment and measures as prescribed to prevent and minimize potential damage to people, marine resources, and the marine environment.

3. Vessels, organizations, and individuals are not allowed to discharge, dump, or bury industrial waste, nuclear waste, or other hazardous waste in Vietnam's territorial waters.

4. Vessels, organizations, and individuals violating Vietnamese law and international law affecting marine resources and the marine environment in Vietnam's territorial waters, ports, wharfs, or anchorage areas shall be dealt with according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party; if damage occurs, they must clean up, restore the environment, and compensate according to Vietnamese law.

5. Organizations and individuals conducting activities in Vietnam's territorial waters have the obligation to pay taxes, fees, charges, and contributions for marine environmental protection according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 36. Scientific Research at Sea

1. Foreign vessels, organizations, and individuals conducting scientific research in Vietnam's territorial waters must obtain permission from the competent Vietnamese state agency, be subject to supervision by Vietnam, ensure Vietnamese scientists' participation, and provide Vietnam with original materials, samples, and relevant research results.

2. When conducting scientific research activities in Vietnam's territorial waters, vessels, organizations, and individuals must comply with the following regulations:

a) Have peaceful purposes;

b) Be carried out with appropriate methods and means in accordance with Vietnamese law and relevant international law;

c) Not obstruct lawful activities at sea as prescribed by Vietnamese law and relevant international law;

d) The Socialist Republic of Vietnam has the right to participate in foreign scientific research activities in its territorial waters and has the right to share original materials, use, and exploit scientific results obtained from such research and surveys.

Article 37. Prohibitions in the Exclusive Economic Zone and Continental Shelf of Vietnam

When exercising freedom of navigation and overflight in the Exclusive Economic Zone and Continental Shelf of Vietnam, organizations and individuals may not carry out the following activities:

1. Threatening Vietnam's sovereignty, national defense, and security;

2. Illegally exploiting biological resources and illegally fishing;

3. Illegally exploiting currents, wind energy, and other non-biological resources;

4. Illegally constructing, installing, or using artificial facilities;

5. Illegally drilling or excavating;

6. Illegally conducting scientific research;

7. Causing marine environmental pollution;

8. Piracy or armed robbery;

9. Other illegal activities as prescribed by Vietnamese law and international law.

Article 38. Prohibiting the storage, use, and illegal purchase or sale of weapons, explosives, and harmful substances.

When operating in Vietnam's territorial waters, vessels, organizations, and individuals shall not store, use, or illegally purchase or sell weapons, explosives, harmful substances, or other equipment capable of causing harm to people, natural resources, and marine environmental pollution.

Article 39. Prohibiting the illegal purchase or sale of persons and drugs.

Clause 1. When operating in Vietnam's territorial waters, vessels, organizations, and individuals shall not engage in the illegal purchase or sale of persons, transportation, storage, or illegal purchase or sale of drugs.

Clause 2. When there is evidence that vessels, organizations, or individuals are involved in the illegal purchase or sale of persons or the transportation, storage, or illegal purchase or sale of drugs, the patrol and control forces on the sea of Vietnam have the right to conduct searches, inspections, arrests, and escort them to Vietnamese ports, wharfs, or anchorages for handling according to Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a party.

Article 40. Prohibiting unauthorized broadcasting.

When operating in Vietnam's territorial waters, vessels, organizations, and individuals shall not engage in unauthorized broadcasting or propaganda that harms Vietnam's national defense and security.

Article 41. Right to pursue foreign vessels.

Clause 1. The patrol and control forces on the sea have the right to pursue foreign vessels violating Vietnamese laws if these vessels are within Vietnam's internal waters, territorial seas, and contiguous zones.

The pursuit may be initiated after the patrol and control forces issue signals requesting the offending vessel to stop for inspection but the vessel does not comply. Pursuit can continue beyond the territorial sea or contiguous zone boundaries if it is continuous without interruption.

Clause 2. The right to pursue also applies to violations of Vietnam's sovereignty and jurisdiction rights, violations within the safety belt and on artificial islands, facilities, and structures in the exclusive economic zone and continental shelf.

Clause 3. The pursuit by Vietnamese patrol and control forces ceases when the pursued vessel enters another country's territorial sea.

Chapter IV

DEVELOPMENT OF THE MARINE ECONOMY

Article 42. Principles for Marine Economic Development.

Sustainable and effective development of the marine economy shall follow the following principles:

Point 1. Serving the construction and development of the national economy and society.

Point 2. Linked with the cause of protecting national sovereignty, national defense, security, and maritime order and safety.

Point 3. Consistent with the requirements of managing marine resources and protecting the marine environment.

Point 4. Linked with the economic and social development of coastal and island areas.

Article 43. Development of Marine Economic Sectors.

The State prioritizes the development of the following marine economic sectors:

Point 1. Exploration, exploitation, processing of oil, gas, and other marine resources and minerals.

Point 2. Maritime transport, seaports, shipbuilding and repair, and other maritime services.

Point 3. Marine tourism and island economy.

Point 4. Exploitation, breeding, and processing of seafood.

Point 5. Development, research, application, and transfer of science and technology related to marine resource exploitation and marine economic development.

Point 6. Construction and development of marine human resources.

Article 44. Marine Economic Development Planning

1. The basis for marine economic development planning includes:

a) National strategies and overall plans for socio-economic development; national environmental protection strategies;

b) Strategic orientations for sustainable development and marine strategies;

c) Characteristics, geographical location, and natural laws of coastal and island regions;

d) Results of basic surveys on marine resources and environment; current status and forecasts of national, regional, and central coastal city demands for resource exploitation and utilization, and marine environmental protection;

đ) Value of marine resources and vulnerability of the marine environment;

e) Resources to implement the planning.

2. Contents of marine economic development planning include:

a) Analysis and assessment of natural conditions, socio-economic conditions, and current status of marine exploitation and utilization;

b) Determination of strategic directions, goals, and rational use of marine resources and environmental protection;

c) Zoning of marine areas for socio-economic development purposes, national defense, and security; identification of restricted exploitation zones, conditional exploitation zones, and special protection zones for national defense, security, environmental protection, and ecosystem conservation, artificial islands, and marine equipment and facilities;

d) Identification of locations, areas, and representation on maps of sea surface, seabed, and island usage zones;

đ) Specific identification of vulnerable coastal areas such as sedimentary beaches, eroding coastlines, protective forests, wetlands, beach sand, buffer zones, and appropriate management and protection measures;

e) Implementation solutions and progress of the planning.

3. The Government shall develop an overall plan for the development of marine economic sectors as stipulated in Article 43 of this Law and organize the establishment of national marine usage planning and implementation plans, to be submitted to the National Assembly for consideration and decision.

Article 45. Construction and Development of Marine Economy

1. The State implements investment policies to construct and develop coastal economic zones, industrial clusters, and island district economies according to planning, ensuring efficiency and sustainable development.

2. Allocation of specific marine areas for organizations and individuals to exploit and utilize marine resources shall be carried out in accordance with the Government's regulations.

Article 46. Encouragement and Incentives for Investment in Island and Marine Activities

1. The State prioritizes investment in infrastructure, maritime logistics networks, and island district economic development; implements preferential policies to improve the material and spiritual living standards of residents on islands.

2. The State encourages and provides tax and capital incentives, creating favorable conditions for organizations and individuals to invest in exploiting potential and strengths for development on islands.

3. The State encourages and provides tax and capital incentives, creating favorable conditions for organizations and individuals to enhance fishing activities and other activities at sea and islands; protect the activities of people at sea and islands.

4. The Government shall provide detailed regulations on this matter.

Chapter V

MARITIME PATROL AND CONTROL

Article 47. Maritime Patrol and Control Forces

1. Maritime patrol and control forces consist of authorized forces from the People's Army, the People's Public Security, and other specialized patrol and control forces.

2. Self-defense forces of central coastal provinces and cities, protective forces of organizations and agencies located along the coast, and other forces have the responsibility to participate in maritime patrol and control when mobilized by competent authorities.

Article 48. Duties and Scope of Responsibility for Maritime Patrol and Control

1. The maritime patrol and control forces shall perform the following duties:

a) Protecting sovereignty, sovereign rights, jurisdiction, and national interests in Vietnam's marine areas and islands;

b) Ensuring compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member;

c) Protecting state assets, marine resources, and the marine environment;

d) Assisting, rescuing, and providing aid to persons and vessels operating in Vietnam's marine areas and islands;

đ) Handling violations of Vietnamese law in Vietnam's marine areas and islands according to Vietnamese law provisions;

2. The specific scope of responsibility of maritime patrol and control forces shall be carried out in accordance with legal regulations.

3. The State shall ensure necessary conditions for maritime patrol and control forces to fulfill assigned tasks.

Article 49. Flags, Uniforms, and Insignia

When performing their duties, vessels belonging to the maritime patrol and control forces must be fully equipped with the Vietnamese national flag, identification numbers, and signal flags; individuals belonging to the maritime patrol and control forces must be fully equipped with military uniforms or uniforms of the force along with other distinctive signs as prescribed by law.

Chapter VI

HANDLING VIOLATIONS

Article 50. Escort and Location for Violation Handling

1. Based on legal provisions, depending on the nature and severity of the violation, the maritime patrol and control forces may issue decisions to handle violations on-site or escort violators to shore or request relevant authorities of the country whose flag the vessel bears or the country where the vessel arrived to handle the violations.

2. When escorted to shore for handling, violators and their vessels must be escorted to the nearest port, wharf, or anchorage listed in the directory of ports, wharfs, or anchorages published by competent Vietnamese authorities as prescribed by law.

In cases where ensuring the safety of lives and property on board requires it, the maritime patrol and control forces may decide to escort violators and their vessels to the nearest port, wharf, or anchorage in Vietnam or abroad as prescribed by law.

Article 51. Preventive Measures

1. Individuals committing acts in violation of the law may be arrested, temporarily detained, or temporarily imprisoned; vessels used to commit such acts may be temporarily seized to prevent further violations or to ensure legal proceedings.

2. The arrest, temporary detention, or temporary imprisonment of individuals committing acts in violation of the law; the temporary seizure of vessels shall be carried out in accordance with legal provisions.

Article 52. Notification to the Ministry of Foreign Affairs

When arresting, temporarily detaining, or temporarily imprisoning individuals committing acts in violation of the law, or temporarily seizing foreign vessels, the maritime patrol and control forces or competent state agencies have the responsibility to immediately notify the Ministry of Foreign Affairs for coordination in handling.

Article 54. Complaints and Reports

Organizations and individuals violating the provisions of this Law shall be subject to disciplinary action, administrative penalties, and compensation for damages if caused, according to the law; violators may also be criminally prosecuted according to the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 54. Effective Date

This Law takes effect from January 1, 2013.

Article 55. Guidance on Implementation

The Government shall provide detailed regulations and guidance on the implementation of the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, third session of the XIIIth term, on June 21, 2012./.