Decree No. 104/2012/ND-CP dated December 05, 2012 of the Government on foreign naval ships making visits to the Socialist Republic of Vietnam

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Decree No. 104/2012/ND-CP dated December 05, 2012 of the Government on foreign naval ships making visits to the Socialist Republic of Vietnam
Issuing body: GovernmentEffective date:
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Official number:104/2012/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:05/12/2012Effect status:
Known

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Fields:National Security

SUMMARY

FOREIGN NAVAL SHIPS THAT VISIT VIETNAM MUST PUT ALL WEAPONS IN STORAGE

On December 05, 2012, the Government issued the Decree No. 104/2012/ND-CP on the foreign naval ships making visits to the Socialist Republic of Vietnam.

Under the Circular, foreign naval ships that visit Vietnam must comply with rules such as: must be licensed by competent State management agencies; must comply with Vietnam’s laws; the activity schedule of the ship and the crew thereon must be consistent with the agreed plan. When foreign naval ships arrive at Vietnam’s territorial sea before entering a port: Submarines and other underwater vehicles must emerge from the water and raise its national flag; the ship body must bear its name and number; All weapons must be disengaged or in storage; Stop at the pilot station for carrying out entry procedures and follow the instruction of the Vietnam’s port authority and pilots; Only use the equipment necessary for the maritime safety and the registered radio frequency; Arrive at the correct port using the correct routes and corridors.

Besides, under this Circular, all organizations, individuals, and vehicles of Vietnam and other countries (except for the officers, employees, and vehicles of State management agencies at the port or military port performing their duties) that enter, exit, and operate within the areas where foreign naval ships are anchoring; disembark from foreign naval ships for working or doing other activities, come alongside foreign naval ships while they are anchoring at the port, naval port, inland waters, or territorial sea, must be licensed by competent agencies.

This Decree takes effect on January 20, 2013, and supersedes the Government's Decree No. 55/CP dated October 01, 1996.
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Effect status: Known

 

THE GOVERNMENT
-------
No. 104/2012/ND-CP
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Hanoi, December 05, 2012
 
DECREE
ON FOREIGN NAVAL SHIPS MAKING VISITS TO THE SOCIALIST REPUBLIC OF VIETNAM
 
Pursuant to the Law on Government organization dated December 25th 2001;
Pursuant to Vietnam Maritime Code dated June 14th 2005;
Pursuant to the Law on Vietnamese sea dated June 21st 2012;
Pursuant to the Law on National Security dated December 03rd 2004;
Pursuant to the Law on National border June 17th 2003;
Pursuant to the Law on Customs dated June 29th 2001 and the Law on amending and supplementing a number of articles of the Law on Customs dated June 14th 2005;
Pursuant to the Ordinance on the entry, exit, and residence of foreigners in Vietnam dated June 28th 2000;
Pursuant to the Ordinance on the management and use of weapons, explosives and supportive gadget dated June 30th 2011;
At the proposal of the Minister of National Defense
The Government issues ad Decree on the foreign naval ships making visits to the Socialist Republic of Vietnam
This Decree deals with the activities of foreign naval ships that visit the Socialist Republic of Vietnam (hereinafter referred to as foreign naval ships that visit Vietnam; the licensing, entry, exit, and transit procedures; the inspection and supervision of the activities related to the foreign naval ships that visit Vietnam.
1. This Decree is applicable to the foreign naval ships that visit Vietnam and the crew thereon, the Vietnamese State management agencies, the organizations and individuals relevant to the activities of the foreign naval ships that visit Vietnam.
2. The regulations of this Decree are also applicable to the public service ships equipped with military weapons of some countries, territories; ships of international military organizations that arrive at Vietnam for visiting, repairing, or doing other activities.
3. In case the regulations of this Decree contradict the International Agreements to which the Socialist Republic of Vietnam is a signatory, such International agreements shall apply.
In this Decree, the terms below are construed as follows:
1. A foreign naval ship is a ship belonging to the armed force of a country and bear a sign that express its nationality, commanded by an naval officer that serves such country, and his name is in the list of officers or an equivalent documents; operated by a crew under military orders and discipline.

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