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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
55-CP
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Hanoi
,October 0110 , 1996
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DECREE
ON THE ACTIVITIES OF FOREIGN WARSHIPS
VISITING THE SOCIALIST REPUBLIC OF VIETNAM
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Maritime Code of Vietnam;
Pursuant to the United Nations Convention on the Law of the Sea of 1982;
At the proposal of the Minister of Defense,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree provides for the activities of
foreign warships and the crew on board during their visits to the Socialist
Republic of Vietnam.
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Article 3.- The terms used in this Decree shall be construed
as follows:
1. Ports:
- Seaports are ports opened in accordance with
Vietnam’s Maritime Code to
accommodate sea-going ships.
- Military ports are ports which are managed by
the Minister of Defense of Vietnam and operates in accordance with the
regulations on military ports.
2. The activities of a warship include: entering
and leaving, staying and other activities during its visit and stay in the
port.
3. The members on board a warship consist of the
head of the delegation (if any), the captain, sailors and other accompanying
people.
Article 4.- Foreign warships visiting and operating at the
Vietnamese ports must respect the independence and sovereignty of the Socialist
Republic of Vietnam, abide by the provisions of Vietnamese law, the provisions
of this Decree and the international agreements which Vietnam has signed or
acceded to; and, at the same time, observe the guidance of the specialized
management authorities at the ports.
Chapter
II
PROVISIONS ON THE OPERATION OF FOREIGN WARSHIPS AT VIETNAMESE PORTS
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1. Official visits by the head of a foreign
State on board a warship via a Vietnamese port at the invitation of the State
of the Socialist Republic of Vietnam to enhance the friendly relationships
between the two States.
2. Courtesy visits to enhance the friendly
relationships between the peoples and the armies of the two nations.
3. Ordinary visits to coordinate military
training and maneuvers, to supply technical materials or to resupply in fuel,
buy food or to give sailors a rest.
Article 6.-
1. The visit of a foreign warship must be
permitted by the Government of the Socialist Republic of Vietnam, except
otherwise provided for by an agreement signed between the Government of Vietnam
and the country that owns the ship.
2. A foreign warship shall seek permission to
visit Vietnam (except for official visits) through the diplomatic channel at
least 30 days before the planned date of its arrival at the port, (except
otherwise provided for by a treaty or agreement signed between the two
Governments). In the declaration form requesting permission for visiting
Vietnam by a warship, the following must be clearly stated:
- The name, type, registration number and
technical specifications of the ship.
- Type of the visit (official, courtesy or
ordinary)
- The port of call.
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- The full name, rank and title of the ship
captain.
- The number of officers, non-commissioned
officers and other accompanying people on board each ship.
- The number of people on board who have
nationalities other than the ship�s
nationality.
- The communication equipment and liaison
frequencies to be registered for use during the visit and operation at the
port.
- The request for fuel supply, the working
program and other requests of the delegation.
3. After a warship is permitted to visit, 48
hours before entering the waters of Vietnam, the captain of the warship must
notify the Vietnamese Ministry of Defense (the External Relation Department) of
the visit so that preparations for the reception can be made. If there is any
change in the contents already stated in the declaration form defined in Item
2, Article 6, the captain must report it and ask for permission through
diplomatic channels before the ship enters the port.
4. The hoisting of the flag of a foreign warship
visiting Vietnam shall be made according to the agreement reached through
diplomatic channels between the Government of Vietnam and the Government of the
country the ship bears its nationality.
Article 7.- Upon entering the waters of Vietnam, a foreign
warship must observe the following regulations:
1. If it is a submarine, it must be in the
floating state.
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3. All the weapons on board must be at the
non-operational position and in the maintenance state.
4. It must stop in the area for
receiving/returning a pilot to complete the entry formalities under the
guidance of the Vietnamese port authorities and the pilot.
5. It is allowed to use only the necessary
equipment to ensure navigational safety and the registered liaison frequencies.
6. It must arrive at the entry port via the
prescribed route and corridor.
Article 8.- While completing the entry and exit formalities
the following documents must be produced:
1. For the ship:
- The registration certificate or document evidencing
the ship�s nationality.
- The list of the members on board.
- The declaration of goods (if any)
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- The working program of the delegation during
its stay at the port.
2. For the members on board:
- Passports or equivalent papers.
Article 9.- The ceremonial and protocol activities during
the visit of a foreign warship must strictly conform to the mutually agreed
schedule. The Ministry of Defense shall have to supervise the foreign warship�s activities at the port and coordinate with other
concerned agencies in organizing the reception.
Article 10.- A foreign warship visiting Vietnam is allowed
to anchor only at the designated port agreed upon when seeking permission
through diplomatic channels. The number of warships of the same country
anchoring at the same time at the port must not be more than three (03) and the
length of their stay must not exceed seven (7) days, except for special cases
permitted by the Government of the Socialist Republic of Vietnam.
Article 11.- While anchoring at the port, the foreign
warship must adhere to the regulations on the management of maritime activities
at the seaports and maritime areas of Vietnam or the regulations on military
ports. All the activities of the ship and the members on board must conform
with the program, other activities outside the program must be permitted by the
competent authorities at the port.
Article 12.- The members on board the warship shall
disembark only when they have completed the entry formalities and are so
permitted by the Border Guard Station of the port or as prescribed by the
regulations on military ports. Any accompanied goods must be subject to the
provisions of Vietnamese laws on Customs, Health and Quarantine.
Once ashore, they must strictly follow the
program and regulations already notified by the Vietnamese authorities.
Article 13.- A foreign warship entering, leaving and staying
at a Vietnamese port must not carry out the following activities:
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2. Carrying out propaganda and intelligence
activities and other acts detrimental to the defense or security of the
Socialist Republic of Vietnam.
3. Carrying weapons of mass destruction,
radioactive substances, toxic chemicals and narcotics.
4. Disseminating and distributing printed
matters, pictures and films and other cultural publications without the
permission of the State of Vietnam.
5. Taking people and goods onto or out of the
ship in contravention of the provisions of Vietnamese law on entry and exit,
except for rescuing people, which, however, must be immediately notified to the
Vietnamese authorities at the port.
6. Launching, receiving or loading on board any
flying equipment or military weaponry without the permission of the Vietnamese
authorities.
7. Conducting illegal research or measurement
activities, fishing marine products, trading, or jamming the communications
system, obstructing transport and communications, causing pollution to the
environment or damage to the port facilities and constructions.
8. Moving alongside another ship or entering an
prohibited area without permission.
9. Taking films and photos and drawing maps of
the prohibited area.
10. Causing public disorder, hindering or
countering the performance of official duties by the Vietnamese authorities.
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Chapter
III
HANDLING OF VIOLATIONS
Article 14.- Any violation by a foreign warship of the
provisions in this Decree and other provisions of Vietnamese law shall be
handled through diplomatic channels.
- The captain of the foreign warship shall be
held accountable for the consequences of any illegal act of the members on
board the ship during its stay in the Vietnamese port.
- Any member on board the warship who violates
Vietnamese law shall be handled depending on the nature and extent of his/her
violation in accordance with the provisions of Vietnamese law (except for
people who enjoy diplomatic privileges and immunity).
Article 15.- The competence to handle violations shall be
exercised in accordance with the provisions of Vietnamese law.
Chapter
IV
IMPLEMENTATION PROVISIONS
Article 16.- This Decree takes effect from the date of its
signing, the earlier provisions regarding the visits of foreign warships to
Vietnamese ports which are contrary to this Decree are now annulled.
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Article 18.- The Ministers, the heads of the
ministerial-level agencies and the agencies attached to the Government, the
Presidents of the People’s Committees of the
provinces and the cities directly under the Central Government shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet