THE GOVERNMENT
 
 
No. 71/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, September 3, 2015
 
DECREE
On management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam [1]
 Pursuant to the June 14, 2005 Maritime Code of Vietnam;
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 17, 2003 Law on National Borders;
Pursuant to the June 21, 2012 Law of the Sea of Vietnam;
Pursuant to the June 21, 2013 Law on Residence;
Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam;
Pursuant to the March 28, 1997 Ordinance on the Border Guard;
At the proposal of the Minister of National Defense,
The Government promulgates the Decree on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes the management of activities of persons, vehicles and craft in, and responsibilities of agencies, organizations and individuals in the construction, management and protection of, maritime boundary areas of the Socialist Republic of Vietnam.
Article 2. Subjects of application
1. This Decree applies to Vietnamese and foreign agencies, organizations and individuals that carry out or are involved in activities in maritime boundary areas of the Socialist Republic of Vietnam.
2. Persons, vehicles and craft of foreign agencies, organizations and individuals entitled to diplomatic and consular immunities; foreign military vehicles and craft on visit to the Socialist Republic of Vietnam; persons and vessels; and goods on entry and exit, in transit, and goods exported and imported by sea shall comply with Vietnam’s law and treaties to which Vietnam is a contracting party.
3. Official-service vehicles and crafts operating on duty in maritime boundary areas of the Socialist Republic of Vietnam must comply with separate regulations.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Maritime boundary area of the Socialist Republic of Vietnam (below referred to as maritime boundary area) shall be measured from the national maritime boundary to the end of the administrative area of a commune, ward and township (below referred to as commune-level administrative unit) adjacent to the sea or an island or archipelago.
2. Vehicles and craft include waterway craft, road vehicles and airway craft.
a/ Waterway craft include vessels, boats and other craft with or without motor operating on the water surface or underwater; and seaplanes;
b/ Airway craft include aircraft, flying craft or technical devices used for flying in the earth’s atmosphere.
3. Activities of Vietnamese and foreign individuals and vehicles and craft in maritime boundary areas means entering leaving, residing, taking shelter, traveling, production, trading and construction activities; exploring and carrying out projects to exploit natural resources; conducting scientific research at sea; rearing, purchasing, fishing and processing aquatic products; transport; environmental activities; salvage, rescue and other activities related to the management and protection of national maritime boundaries and security and order in maritime boundary areas.
4. Prohibited zone in a maritime boundary area means the territorial area lying within the boundary of a commune-level administrative unit adjacent to the sea or an island or archipelago and within the internal waters which is established for the management, protection and maintenance of security and order; and prevention, control and stoppage of acts of trespassing, destruction, exploitation and collection of state secrets.
5. Restricted area in a maritime boundary area means an area lying within the boundary of a commune-level administrative unit adjacent to the sea or an island or archipelago and within the internal waters which is established to restrict certain activities of persons, vehicles and craft for national defense and security reasons.