Decree No. 146/2013/ND-CP of October 30, 2013, on announcement of sea lanes and traffic separation in the territorial sea of Vietnam

 THE GOVERNMENT

Decree No. 146/2013/ND-CP of October 30, 2013, on announcement of sea lanes and traffic separation in the territorial sea of Vietnam

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Maritime Code of Vietnam;

Pursuant to the June 21, 2012 Law on the Sea of Vietnam;

Pursuant to the June 17, 2003 Law on National Boundaries;

At the proposal of the Minister of Transport,

The Government promulgates the Decree on announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the announcement of sea lanes and traffic separation in the territorial sea of Vietnam for vessels’ innocent passage for the purpose of ensuring safety of navigation.

Article 2. Subjects of application

This Decree applies to agencies, organizations and persons involved in the announcement of sea lanes and traffic separation in the territorial sea of Vietnam and vessels operating in the territorial sea of Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Sea lanes means routes for vessels to navigate in the territorial sea of Vietnam, which are limited by points with positions and coordinates determined and announced by competent state agencies for indication to organization, individuals and vessels when operating in the territorial sea of Vietnam.

2. Announcement of sea lanes in the territorial sea of Vietnam means competent state agencies publicizing in appropriate forms to organizations, individuals and vessels positions, coordinates and technical specifications of sea lanes in the territorial sea of Vietnam.

3. Traffic separation in the territorial sea of Vietnam means competent state agencies providing and instructing vessels’ innocent passage through the territorial sea of Vietnam for the purpose of ensuring safety of navigation.

Article 4. State management of announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

1. To elaborate and promulgate legal documents, standards and technical regulations and techno-economic norms related to the announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

2. To carry out international cooperation in and join treaties related to the announcement of sea lanes and traffic separation in the territorial sea of Vietnam.

3. To establish and announce sea lanes and traffic separation in the territorial sea of Vietnam.

4. To organize the implementation of Vietnamese law and treaties to which Vietnam is a contracting party on announcement and management of sea lanes and traffic separation in the territorial sea of Vietnam.

5. To organize the management of protection of the marine environment, national defense, security; to examine and supervise activities on sea lanes and traffic separation in the territorial sea of Vietnam.

6. To inspect, examine and handle violations in accordance with law.

Article 5. Responsibilities for state management of announcement of sea lanes and traffic separation in the territorial sea of Vietnam

1. The Government shall perform the uniform state management of announcement of sea lanes and traffic separation in the territorial sea of Vietnam for vessels’ innocent passage for the purpose of ensuring safety of navigation.

2. The Ministry of Transport shall organize the establishment, announcement and management of sea lanes and traffic separation in the territorial sea of Vietnam. The Vietnam Maritime Administration shall perform the state management of announcement and management of sea lanes and traffic separation in the territorial sea of Vietnam according to its assigned functions, tasks and powers.

3. Within the ambit of their functions, tasks and powers, ministries, sectors and provincial-level People’s Committees shall perform the state management of announcement of sea lanes, traffic separation and operations of vessels in the territorial sea of Vietnam.

Click download to view the full text