Decree No. 16/2018/ND-CP dated February 02, 2018 of the Government on sea-lanes and traffic separation schemes in the territorial sea of Vietnam

THE GOVERNMENT

Decree No. 16/2018/ND-CP dated February 02, 2018 of the Government on sea-lanes and traffic separation schemes in the territorial sea of Vietnam

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

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

Pursuant to the Law on National boundaries dated June 17, 2003;

At the request of the Minister of Transport;

The Government promulgates a Decree to deal with the announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Decree deals with the announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam to facilitate ships in exercising the right of innocent passage so as to ensure the safety and security of navigation as well as prevent, reduce and control pollution of marine environment.

Article 2.Subject of application

This Decree applies to regulatory authorities, organizations and individuals involved in the announcement of sea lanes and traffic separation scheme, and ships passing through the territorial sea of Vietnam.

Article 3. Definition

For the purposes of this Decree, the terms below are construed as follows:

1. “Announcement of sea lanes in the territorial sea of Vietnam” means the announcement, in appropriate forms, by competent authorities of Vietnam of positions, coordinates and technical specifications of sea lanes in the territorial sea of Vietnam.

2. “prescription of traffic separation schemes in the territorial sea of Vietnam” means competent authorities of Vietnam regulating and requesting ships to exercise the right of innocent passage through the territorial sea of Vietnam so as to ensure the safety and security of navigation as well as prevent, reduce and control pollution of marine environment.

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

1. Formulate and promulgate legislative documents, technical regulations and standards, and economic - technical norms related to the announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam.

2. Promote international cooperation in and enter into international treaties related to the announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam.

3. Organize the designation, prescription and announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam.

4. Organize the implementation of Vietnam laws and international treaties to which Vietnam is a signatory regarding the announcement and management of sea lanes and traffic separation schemes in the territorial sea of Vietnam.

5. Organize the protection of the marine environment, the national defense and security; inspect activities on sea lanes and related to the traffic separation schemes in the territorial sea of Vietnam.

6. Inspect and take actions against violations in accordance with applicable law regulations.

Article 5. State authorities’ responsibility for announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam

1. The Government shall assume responsibility for consistent state management of the announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam in order to facilitate ships in exercising the right of innocent passage so as to ensure the safety of navigation.

2. Within the ambit of assigned functions, duties and powers, Ministries and People s Committees of provinces shall perform state management of sea lanes, traffic separation schemes and ships passing through the territorial sea of Vietnam.

3. The Vietnam Maritime Administration shall assume responsibility to announce and manage sea lanes and the traffic separation schemes in the territorial sea of Vietnam within the ambit of its functions, duties and powers.

Chapter II

DESIGNATION, PRESCRIPTION AND ANNOUNCEMENT OF SEA LANES AND TRAFFIC SEPARATION SCHEMES IN THE TERRITORIAL SEA OF VIETNAM

Article 6. Designation, prescription and announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam

1. The Ministry of Transport shall instruct the Vietnam Maritime Administration to designate sea lanes and prescribe traffic separation schemes in the territorial sea of Vietnam on the basis of regulations in Article 109 and Article 110 of the Maritime Code of Vietnam, relevant laws and actual conditions.

2. The Vietnam Maritime Administration must cooperate with relevant agencies affiliated to the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the Ministry of Public Security, the Ministry of Construction, the Ministry of Information and Communications and People’s Committees of provinces in designating, prescribing and announcing sea lanes and the traffic separation schemes in the territorial sea of Vietnam. Relevant agencies affiliated to these Ministries and People’s Committees of provinces are required to respond to the Vietnam Maritime Administration within 15 days from the receipt of its written request for opinions.

3. The Vietnam Maritime Administration shall submit an application for announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam to the Ministry of Transport. The application includes:

a) The application form for announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam, enclosed with the plan for designation, announcement of sea lanes and prescription of traffic separation schemes in the territorial sea of Vietnam;

b) The nautical chart indicating sea lanes and traffic separation schemes in the territorial sea of Vietnam;

c) Other relevant documents (if any).

4. The Ministry of Transport shall appraise and give approval for the plan for designation and announcement of sea lanes, and prescription of traffic separation schemes in the territorial sea of Vietnam at the request of the Vietnam Maritime Administration, and instruct the Vietnam Maritime Administration to take charge of implementing such plan.

5. Contents to be announced publicly and forms of announcing sea lanes and traffic separation schemes in the territorial sea of Vietnam are prescribed in Article 111 and Article 112 of the Maritime Code of Vietnam in 2015.

Article 7. Prescription of traffic separation schemes in the territorial sea of Vietnam

1. Ships passing through the territorial sea without entering internal waters of Vietnam are required to navigate within the publicly announced sea lanes in the territorial sea of Vietnam.

2. Ships carrying cargoes, passengers and luggage or military ships and other ships operated for non-commercial purposes, that must pass through the territorial sea and internal waters of Vietnam in order to enter into seaports of Vietnam, are required to navigate according to designated lanes and carry out procedures for ships moving to ports as regulated by law.

3. In case a ship passes through the territorial sea and internal waters of Vietnam without entering into any seaports of Vietnam, the master of that ship must promptly report to the Maritime Administration of that region on reasons and purposes of the ship’s entry into the internal waters of Vietnam in the following cases:

a) Giving first aid to a crewmember or passenger onboard the ship;

b) Sheltering from storms;

c) Carrying out search and rescue activities; transferring people, property or ships rescued at sea;

d) Remedying consequence of ship incident or accident at sea;

dd) Other necessary cases as regulated by law.

Article 8. General requirements to be satisfied by ships exercising the right of innocent passage through the territorial sea of Vietnam

1. All ships regardless of their flag states and tonnage may conduct innocent passage through the territorial sea of Vietnam but shall respect the peace, independence, sovereignty and law of Vietnam as well as international treaties to which the Socialist Republic of Vietnam is a signatory and rules for prevention of collisions at sea as regulated by law.

2. When passing through the territorial sea of Vietnam, ships are required to fly the national flag of Vietnam, make continuous and expeditious passage, and comply with relevant laws of Vietnam and the 1982 United Nations Convention on the Law of the Sea (UNCLOS 82), except the cases where ships stop and anchor because they suffer force majeure events, marine incidents or accidents, or for the purpose of rendering assistance to persons, ships or aircrafts in danger or distress at sea, or as agreed upon between the Vietnamese Government and the Government of the State whose flag a ship flies.

3. In the territorial sea of Vietnam, foreign submarines and other underwater vehicles are required to navigate on the surface and to show their flag as regulated.

4. In the territorial sea of Vietnam, foreign nuclear-powered ships and ships carrying radioactive substances or other inherently dangerous or noxious substances shall:

a) Carry technical documents related to the ship and cargo on board the ship, and documents concerning compulsory civil liability insurance;

b) Be ready to provide competent authorities of Vietnam with all documents related to ship technical specifications and cargoes on board the ship;

c) Observe special precautionary measures established for such ships by the law of Vietnam and relevant international treaties to which the Socialist Republic of Vietnam is a signatory;

d) Implement decisions made by the competent authorities of Vietnam on application of special precautionary measures, including prohibition from passage through the territorial sea of Vietnam or forced leaving from the territorial sea of Vietnam in case there are signs or clear evidence of possibility to cause leakage of hazardous substances or pollution of marine environment.

Article 9. Duty to notify and supervision of ships operating within sea lanes and navigational channels in the territorial sea of Vietnam

1. The master of the ship operating in sea lanes or navigational channels in the territorial sea of Vietnam without entering into internal waters of Vietnam shall have the duty to notify in any appropriate forms of communication the Maritime Administration of the region where that ship passes through. Such notification includes:

a) Name, nationality, call sign and IMO number of the ship;

b) Length, width, height and paint of sides of the ship;

c) Quantity and type of cargoes carried on board the ship (if any);

d) Numbers of crewmembers, passengers and other people on board the ship;

dd) Names of the port of last call and the nearest port of next call;

e) Requests for assistance or indications (if any).

2. The Vietnam Maritime Administration shall guide regional maritime administrations in supervising, instructing and controlling ships operating in announced sea lanes and navigational channels in the territorial sea of Vietnam in accordance with regulations of this Decree and relevant laws. Supervision, instruction and control of ships operating in the territorial sea of Vietnam shall be made via appropriate means of communication.

3. In case a maritime security incident, maritime accident or environment pollution occurs in the territorial sea of Vietnam, after receiving a notice, the regional maritime administration shall immediately report to the Vietnam Maritime Administration for promptly adopting remedies and measures.

Article 10. Activities of installations and structures on sea lanes in the territorial sea of Vietnam

Activities of installations and structures on sea lanes in the territorial sea of Vietnam must comply with regulations in Article 34 of the Law on Sea of Vietnam in 2012, and the following provisions:

1. Before carrying out research and survey activities or constructing structures or establishing reasonable safety zones around structures or carrying out other activities on sea lanes in the territorial sea of Vietnam, relevant organizations or individuals must obtain written approval of the Ministry of Transport.

2. Procedures for obtaining such approval: The applicant shall send by hand or by any appropriate forms an application to the Ministry of Transport. The application includes:

a) The application form for approval for research and survey activities or construction of structures or establishment of reasonable safety zones around structures or other activities on sea lanes in the territorial sea of Vietnam;

b) Copies of documents or papers providing the necessity of such research and survey activities or construction of structures or establishment of reasonable safety zones around structures or other activities on sea lanes in the territorial sea of Vietnam;

c) Copies of written opinions given by relevant authorities and organizations (if any).

3. Within 15 working days from the receipt of the valid application as regulated in Clause 2 of this Article, the Ministry of Transport shall give a written approval which will be sent by post to the applicant or directly received by the investor at the Ministry of Transport. If an application is refused, a written response indicating reasons for refusal shall be given to the applicant.

4. Equipment or structures which are abandoned or disused on sea lanes in the territorial sea of Vietnam must be removed. The regional maritime administration must be notified of the position, dimensions, shapes and depth of any installations or structures not entirely removed because of technical reasons or force majeure events. In such case, due maritime notices and warning signs must be maintained.

5. Investors must take appropriate measures to ensure the safety of their installations or structures. Within 03 days before carrying out any activities as prescribed in this Article, investors must notify the regional maritime administration and relevant authorities and organizations as regulated by law.

Article 11. Provisions on safety of navigation, maritime security and prevention of environment pollution when operating ships on sea lanes on the territorial sea of Vietnam

When operating ships on sea lanes in the territorial sea of Vietnam, relevant organizations, individuals and ships shall fully observe provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a signatory in terms of the safety of navigation, maritime security and environmental pollution prevention.

Chapter III

COORDINATION BETWEEN COMPETENT AUTHORITIES PERFORMING STATE MANAGEMENT OF THE TERRITORIAL SEA OF VIETNAM

Article 12. Principles and responsibility for cooperation in management

1. The Vietnam Maritime Administration shall take charge and cooperate with specialized authorities in managing sea lanes and navigational channels in the territorial sea of Vietnam. Specialized authorities shall perform state management of sea lanes in the territorial sea of Vietnam in accordance with applicable law regulations without affecting foreign ships’ right of innocent passage.

2. Specialized authorities, including the Marine Police and the Border Guard, shall closely coordinate with one another when managing sea lanes in order to facilitate ships in exercising the right of innocent passage on sea lanes in the territorial sea of Vietnam.

3. Difficulties arising in the performance of functions and tasks by specialized authorities must be discussed and agreed upon for prompt settlement. In case of failing to reach an amicable agreement, these difficulties must be promptly reported to the Vietnam Maritime Administration for settlement in accordance with law.

4. In case a problem arising beyond the competence of a specialized authority, that authority shall promptly report such to its managing ministry for immediate settlement.

When necessary, relevant ministries shall assume responsibility to cooperate with the Ministry of Transport in settling a certain problem, but within 04 hours after receiving a report, shall notify their decisions to relevant authorities, organizations and individuals.

5. When performing their duties, regulatory authorities shall coordinate with related regional authorities and organizations in strictly implementing law regulations on all navigation activities on sea lanes in the territorial sea of Vietnam.

Article 13. Cooperation in management of sea lanes and traffic separation schemes in the territorial sea of Vietnam

1. TheVietnam Maritime Administration shall coordinate activities among regulatory authorities. To be specific:

a) Take charge of coordinating the management duties between regulatory authorities;

b) Organize and chair conferences and meetings with specialized authorities or relevant authorities, organizations and enterprises operating on sea lanes to discuss and reach agreement on the settlement of problems arising in the management of sea lanes and traffic separation schemes in the territorial sea of Vietnam;

c) Propose competent authorities to request relevant forces to pursue foreign ships committing violations against laws in the territorial sea of Vietnam; request other specialized authorities to promptly notify results of management of announced sea lanes and solutions for handling arising problems; request owners and captains of ships and relevant authorities and organizations to provide data and information about maritime activities on sea lanes;

d) Propose Chairpersons of People’s Committees of provinces in regions to promptly settle problems arising in specialized state management of sea lanes in the territorial sea of Vietnam within their competence.

2. Other specialized authorities shall:

a) Closely coordinate with one another to promptly and lawfully settle formalities related to ships, cargoes, passengers and crewmembers on board the ships operating on sea lanes under this Decree;

b) Promptly notify the Vietnam Maritime Administration or regional maritime administrations of results of settlement of formalities related to ships, cargoes, passengers and crewmembers on board the ships operating on sea lanes;

c) Promptly notify the Vietnam Maritime Administration or regional maritime administrations of any received problems and handle information from regional maritime administrations or ship owners for prompt settlement.

Article 14. Inspection activities on sea lanes and navigational channels in the territorial sea of Vietnam

1. The civil jurisdiction and criminal jurisdiction to ships operating in the territorial sea of Vietnam comply with the law of Vietnam and international treaties to which Vietnam is a signatory.

2. Inspections by specialized authorities of organizations, individuals and ships operating on sea lanes in the territorial sea of Vietnam shall be conducted in accordance with this Decree and other relevant laws.

3. Specialized authorities shall only conduct physical inspection on board a ship in the following cases:

a) The ship denotes any violations against law;

b) Such physical inspection is required to assure national defense, security, social order and safety, the safety of navigation, maritime security, environmental pollution prevention or prevention and control of epidemics.

4. When on duty, any competent persons who commit acts of authoritarianism, self-seeking, annoyance or harassment or other negative practices shall be handled in accordance with the law.

Article 15. Responsibilities of ministries and People’s Committees of provinces for activities of specialized authorities on sea lanes and traffic separation schemes in the territorial sea of Vietnam

1. Instruct and manage activities of specialized authorities under their management in coordinating state management activities on sea lanes and traffic separation schemes in the territorial sea of Vietnam.

2. Inspect and take actions against violations in accordance with applicable law regulations.

3. Apply information technology to management activities so as to effectively facilitate navigation activities on sea lanes.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16.Effect

This Decree takes April 01, 2018 and supersedes the Government’s Decree No. 146/2013/ND-CP dated October 30, 2013 on announcement of sea lanes and traffic separation schemes in the territorial sea of Vietnam.

Article 17. Implementationorganization

1. Minister of Transport shall take charge and cooperate with relevant Ministries and People’s Committees of provinces to organize the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of the Governmental agencies and Chairpersons of People’s Committees of provinces shall implement this Decree./.

For the Government
The Prime Minister
Nguyen Xuan Phuc