The draft Decree consists of 5 chapters and 29 articles, supplementing regulations on Vietnamese military ships going abroad and foreign military ships coming to Vietnam.
US aircraft carrier visits Da Nang in 2018
PHOTO: DAU TIEN DAT
The draft decree was developed by the Ministry of National Defense in the context of the increasing number of military and official ships of countries operating in the East Sea, the increasing demand for entering Vietnamese ports, and the increasing proposals of countries to organize more and more activities on land and at sea within the framework of ship visits. Meanwhile, Vietnam is building and developing to become a strong maritime nation by 2030, with a vision to 2045.
The Ministry of National Defense pointed out that Decree 104 created many problems regarding the licensing period, the number and types of military ships visiting Vietnamese seaports. Therefore, the draft is adjusted in the direction of expanding the number of times foreign military ships can visit Vietnam in a year, from once a year to three times a year. Thereby, overcoming the situation where the Ministry of National Defense has to regularly report and ask for permission from the Government when in practice there are exceptions that exceed the provisions in the decree.
Decree 104 does not clearly stipulate types of ships such as aircraft carriers, nuclear-powered submarines, and nuclear weapons to Vietnam. The draft adds regulations on the authority to grant licenses for the above military ships to the Prime Minister.
Except for the above-mentioned ships, the Minister of National Defense decides to allow foreign military ships to come to Vietnam in other cases, instead of the Ministry of Foreign Affairs as before.
In addition, the draft adds licensing for foreign military ships coming to Vietnam to use infantry weapons (rifles) or model guns for ceremonial purposes, organize flag-raising ceremonies or welcome when the ship arrives at and leaves the port; and license the use of aircraft.
The draft regulation stipulates that foreign military ships coming to Vietnam that need to dive, launch boats, robots, vehicles, and other diving equipment for technical inspection and periodic maintenance of the ship must include it in the official program of activities sent together with the official notice requesting permission to visit Vietnam; when diving, launching boats, robots, vehicles, and other diving equipment, they must be subject to inspection and supervision by the border guards at the port and the maritime port authority where the ship is anchored.
The draft also increases the time limit for entry and exit procedures for foreign military vessels arriving in Vietnam (from 30 days to 60 days before the vessel is expected to enter Vietnam's territorial waters), so that authorities have enough time to carry out internal procedures.
How do foreign military ships operating in Vietnam operate?
According to the Ministry of National Defense, foreign military ships coming to Vietnam for visits, anchoring and operating at licensed seaports and military ports must comply with the provisions of this draft decree; provisions of Vietnamese law and instructions of specialized state management agencies at the port.
In addition to activities from visits, foreign military ships coming to Vietnam to carry out other cooperation activities may only carry out activities agreed upon between relevant ministries, branches and localities of Vietnam and the country with the ship, within the scope of activities licensed by the Ministry of National Defense.
To carry out other activities in territorial waters and internal waters outside of seaport waters that require moving outside the licensed scope of operations, permission must be requested and approved by the Vietnamese Ministry of National Defense.
In case of emergency movement due to force majeure or for the purpose of rescuing people, ships or aircraft in distress, immediately after arriving at a safe anchorage location, the Ministry of National Defense of Vietnam, the relevant ministries, branches and provincial People's Committees must be notified.
Source: https://thanhnien.vn/de-xuat-quy-dinh-ve-tau-san-bay-tau-hat-nhan-nuoc-ngoai-den-viet-nam-185250318142739333.htm
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