Requirements and implementation of the 1982 Convention in the oil and gas sector.

+ Requirements of the Convention: Oil and gas are natural resources belonging to coastal states, located in the seabed and subsoil of waters under the sovereignty and jurisdiction of the state. The legal status of internal waters, territorial sea, exclusive economic zone, and continental shelf all recognize that coastal states have sovereign rights to explore, exploit, conserve, and manage the natural resources of the seabed and subsoil. The Convention emphasizes: Coastal states exercise sovereign rights over the continental shelf in terms of exploration and exploitation; these rights are exclusive, meaning that if a coastal state does not explore or exploit the continental shelf, no one else has the right to conduct such activities without the express agreement of the coastal state.

Coastal states have rights over artificial islands and installations on the continental shelf, the prerogative to permit and regulate drilling on the continental shelf for any purpose, and the right to excavate tunnels to exploit the seabed at any depth; pipelines laid on the continental shelf require the consent of the coastal state. However, the Convention also requires that when exercising these rights and obligations, coastal states must take into account the rights and obligations of other states and act in accordance with the Convention, such as not causing harm or hindering freedom of navigation, installing cables, or, if exploiting non-living natural resources of the continental shelf beyond 200 nautical miles, having the obligation to pay monetary or in-kind contributions.

+ Implementing the Convention: Oil and gas activities in general include oil and gas exploration, field development, and oil and gas extraction... Therefore, organizing oil and gas exploration and exploitation is an activity of implementing the convention. Oil and gas exploration and exploitation in our country began quite early. However, it was not until 1977, after VietnamMaleThe declaration of maritime zones gives Vietnam full sovereignty in terms of exploration, exploitation, management, and protection. Due to the importance of oil and gas exploration and exploitation, the company, which was previously a functional unit, was reorganized into a General Corporation and is now the National Oil and Gas Group under the direction of the Government. Subsequently, the Oil and Gas Law, enacted in 1993 and amended in 2000, brought this activity into order and provided a solid legal basis.

Currently, in addition to oil and gas exploration and production, Vietnam has also exploited, processed, and sold oil and gas; licensed and cooperated internationally in oil and gas exploration and exploitation; laid oil and gas pipelines; and established artificial islands and offshore oil and gas facilities. Oil and gas activities in Vietnam are quite diverse, therefore the State considers compliance with the 1982 Convention to be inseparable from the activities of exploration, exploitation, processing, transportation, storage, and distribution of oil and gas and related products, contributing to the protection of national sovereignty and maritime security.

(to be continued)

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