Planning for the development of Vietnam's sea areas according to the requirements of the 1982 Convention

(Baonghean) -According to practice, general regulations on planning for the development of marine areas are internal matters of each coastal country. However, to ensure certain rights of coastal countries as well as foreign partners, while planning their marine areas, coastal countries like Vietnam need to consider the contents of some provisions of the 1982 Convention.

According to Articles 21 and 22 of the Convention, the coastal State has the right to prescribe laws and regulations relating to innocent passage on matters of maritime safety and regulation of maritime traffic; protection of maritime safety installations and systems, protection of cables and pipelines; protection of living resources; prevention of violations related to fishing, preservation of the marine environment; prevention of violations of customs, tax, immigration regulations...

- A coastal State may temporarily suspend the exercise of the right of innocent passage in certain areas of its territorial sea, if this measure is necessary to ensure security, including for weapons testing. Areas for military exercises, weapons testing, search and rescue exercises can be studied and announced in accordance with each country's maritime planning. Based on the sovereign rights and jurisdictions in the exclusive economic zone and continental shelf, a coastal State has the right to determine exploitation areas, prohibited exploitation areas, conservation areas, safety zones around artificial islands, structures, installations at sea, cable routes and pipelines entering the territory or territorial sea, and to explore the continental shelf.

- The coastal State is a transit State and has the right to determine duty-free zones or other favorable customs conditions at the ports of entry and exit of other States in transit through the route agreed with the land-locked States. The coastal State has the right to determine its maritime administrative boundaries, assign tasks to its forces in the maritime areas as well as the administrative sanctioning powers of the competent authorities, and take all necessary measures, including search, inspection, arrest and prosecution, to ensure compliance with the laws and regulations it has promulgated in accordance with the 1982 Convention.

Planning and promulgating these regulations is necessary to avoid overlap or vacancy, creating conditions for legal evasion.

In short, planning sea areas as well as their functions is not only important in promoting the potential and advantages of sea areas in implementing the socio-economic development plan of each country, but also a condition for good implementation of the provisions of the 1982 Convention and national laws promulgated in accordance with the convention, ensuring harmonious, sustainable development and legal order at sea.
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