Vietnam Maritime Law 2012, Law No. 18/2012/QH13 of the National Assembly

Managing maritime areas is a crucial and complex task, requiring specific legal frameworks and the coordination of numerous national agencies, departments, and localities. The Vietnam Maritime Law serves as a comprehensive document outlining provisions for managing and handling incidents in maritime zones. Follow Mytour's article for in-depth information.

Vietnam Maritime Law 2012, No. 18/2012/QH13, the latest version, and essential highlights to note
 

1. Latest Vietnam Maritime Law

Currently, Vietnam Maritime Law 2012 (Law No.: 18/2012/QH13) is the effective and applicable legal document. So, how many chapters does Vietnam Maritime Law include?

- Vietnam Maritime Law consists of 7 chapters and 55 articles, specifically:

+ Chapter I: General Provisions

+ Chapter II: Maritime Areas of Vietnam

+ Chapter III: Activities in Vietnam's Maritime Areas

+ Chapter IV: Maritime Economic Development

+ Chapter V: Patrol and Control at Sea.

+ Chapter VI: Handling Violations

+ Chapter VII: Enforcement Provisions

- Vietnam Maritime Law takes effect from January 01, 2013.

- Regulatory Scope: Vietnam Maritime Law specifies the following areas:

+ Baselines, internal waters, territorial sea, adjacent areas to the territorial sea, exclusive economic zone, continental shelves, islands, Hoang Sa archipelago, Truong Sa archipelago, and other islands under Vietnam's sovereignty, sovereign rights, and national jurisdiction;

+ Activities in Vietnam's Maritime Areas;

+ Maritime Economic Development;

+ Management and Protection of the Sea and Islands.

* Download the latest update of Vietnam Maritime Law 2012 HERE

2. Fundamental Content of Vietnam Maritime Law

2.1. Scope, legal regime of maritime areas, continental shelves

- This section of the Maritime Law explicitly outlines the determination of baselines, internal waters, territorial sea, adjacent areas to the territorial sea, exclusive economic zone, and continental shelves. Alongside, it defines the legal regime of these maritime areas.

- For instance, in the exclusive economic zone, the State has the right to explore, exploit, manage, and preserve resources; exercise national jurisdiction over the installation and use of artificial islands, equipment, and structures at sea; conduct marine scientific research; protect and preserve the marine environment; and other relevant rights. It stipulates the state's responsibilities and jurisdictional rights.

=> Recognizing that Vietnam's Maritime Law thoroughly and specifically regulates the scope and legal regime of its maritime areas and continental shelves, aligning with the United Nations Convention on the Law of the Sea 1982.

Vietnam Maritime Law precisely defines the scope and legal regime of maritime areas and continental shelves.

2.2. Freedom of Navigation and Overflight Rights

The freedom of navigation and overflight rights in Vietnam's exclusive economic zone and continental shelves is explicitly defined by the Law. According to this:

- In the exclusive economic zone: The State respects the freedom of navigation and overflight, but it must comply with Vietnamese laws and international conventions of which Vietnam is a member. Simultaneously, it should not prejudice the sovereignty rights, jurisdictional rights, and national interests at sea of Vietnam.

- Individuals and organizations exercising freedom of navigation and overflight rights in Vietnam's exclusive economic zone and continental shelves are prohibited from undertaking the following activities:

+ Threatening the sovereignty, national defense, and security of Vietnam;

+ Illegally exploiting biological resources, engaging in unauthorized fishing activities;

+ Illegally exploiting currents, wind energy, and other non-living resources;

+ Illegally constructing, installing, and using artificial devices and structures;

+ Unauthorized drilling and excavation;

+ Conducting unauthorized scientific research;

+ Causing marine environmental pollution;

+ Piracy, armed robbery at sea;

+ Other illegal activities as stipulated by Vietnamese law and international law.

2.3. Issues of Maritime Economic Development

- The law specifically outlines the principles of maritime economic development, along with prioritized sectors such as:

+ Maritime tourism and island economy;

+ Maritime transport, seaports;

+ Exploitation, cultivation, processing of marine products;

....

- Additionally, the issue of maritime economic development planning is also emphasized. The law specifies the basis for developing maritime economic plans, the content of the plans, and the responsibility for constructing comprehensive proposals.

2.4. Violation Handling Matters

- Vietnam Maritime Law dedicates 04 articles to regulate violation handling. Depending on the nature and severity of the violation, maritime patrol and control forces can => Decide to handle the violation on the spot; or escort the individuals or vessels violating to the shore; or request the relevant authorities of the flag state or the state where the vessel belongs to handle the violation.

- Additionally, individuals violating the provisions of Maritime Law may be arrested, detained, or temporarily imprisoned; vessels used for violating activities may be temporarily detained.

=> These measures aim to prevent legal violations or ensure proper legal procedures for handling violations.

Together with Vietnam Maritime Law, there are currently various legal documents detailing the aspects of exploitation, management, and protection of Vietnam's maritime areas. These regulations establish a robust legal framework, providing opportunities for the development of maritime-related sectors in our country.

Furthermore, for additional legal knowledge, readers can refer to other laws such as Immigration Law, Customs Law, Cultural Heritage Law, Labor Law, and more, updated by Mytour for the latest information.