| THE NATIONAL ASSEMBLY ------- Law No. 18/2012/QH13 | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- Hanoi, June 21, 2012 |
LAW
ON VIETNAMESE SEA
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Vietnamese sea,
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides on the baseline, the internal waters, territorial waters, the contiguous zone, the exclusive economic zones, continental shelf, islands, the Hoang Sa (Paracel) archipelago, the Truong Sa (Spratly) archipelago and other archipelagoes under Vietnam’s sovereignty, sovereign right and national jurisdiction; operation in seas of Vietnam; development of sea economy; management and protection of sea, islands.
Article 2. Application of law
1. When this Law and another law provide differently for the same issue related to sovereignty, legal regime of Vietnam sea areas, the provisions of this Law shall apply.
2. When a treaty to which Vietnam is a contracting party contains provisions different from those of this Law, the provisions of that treaty shall apply.
Article 3. Interpretation of terms
In this Law, the following terms may be construed as follows:
1. Vietnam Seas includes the internal waters, territorial waters, the contiguous zone, the exclusive economic zones and continental shelf being under Vietnam’s sovereignty, sovereign right and national jurisdiction, being defined under the Vietnam’s law, international treaties on territorial border of which the Socialist Republic of Vietnam is a member and in conformity with The United Nations' Convention on the Law of the Sea in 1982.
2. International seas are all seas outside of exclusive economic zones of Vietnam and other nations, but exclusive of sea beds and underground areas under the sea beds.
3. Vessels are means operating on the surface of water or under the surface of water including boats, ships and other means with motor or without motor.
4. Warships mean vessels of armed forces of a nation and bring outside sign showing clearly the nationality of its nation, under the command of an officer duly commissioned by the Government of the state and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline.
5. Vessels on official dutys are special-use vessels for implementation of official work of the State, not for commercial purposes
6. Resources include biological resources and non-biological resources belonging to the waters, sea beds and land under sea beds.
7. Isobath means a line connecting points at the same depth of the sea.
Article 4. Principle of sea management and protection
1. Sea management and protection are implemented in unification as prescribed by Vietnamese law, in conformity with the Charter of the United Nations and other International treaties of which the Socialist Republic of Vietnam is a member.
2. Agencies, organizations and all Vietnamese citizens are responsible for protection of sovereignty, sovereign right and national jurisdiction on seas, islands and archipelagoes, protection of resources and sea environment.
3. The State settles disputes relating to seas, islands with other nations by peaceful measure, complying with the United Nations' Convention on the Law of the Sea in 1982, international law and practice.
