MINISTRY OF EDUCATION MINISTRY OFJUSTICE

AND TRAINING
HANOI LAW UNIVERSITY

LƯƠNG THỊ KIM DUNG

MARITIME SECUTITY FOR

SHIPS S AND SEAPORTSS UNDER
INTERNATIONAL LAW AND THE
PRATICE IN VIETNAM

Major: International Law

Code: 9 38 01 08

SUMMARY OF DOCTORAL THESIS IN LAW

HÀNỘI–2019
The thesis was completed at:
HANOI LAW UNIVERSITY

Scientific Supervisor: Assoc.Prof. Dr. Dinh Ngoc Vuong

Reviewer 1: Assoc.Prof.Dr. Hoang Phuoc Hiep

Reviewer 2: Assoc.Prof.Dr. Doan Nang
Reviewer 3: Assoc.Prof.Dr. Nguyen Trung Tin

The thesis will be defended at the marking committeeof Hanoi Law

University at the time of ... hour ... month ... year ...

The thesis can be found at:

1) National Library
2) Library of Hanoi Law University
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INTRODUCTION
1. The urgency of the topic
Contributing an important role to international trade with more
than 90% of goods transported by sea, the more the maritime
industry develops, the more ships and seaports security is
threatened by many threats. In an effort to find solutions to manage
and secure maritime security, the United Nations, International
Maritime Organization (IMO), regional international organizations
and countries have drafted and issued a lot of legal documents on
maritime security for ships and seaports which provide the basis
for member states to internalize and enforce them in the national
legal system.
Recognizing the role of maritime security assurance for ships
and seaports in the development of the maritime industry, Vietnam
has soon ratified and joined international conventions on maritime
security and legalizes regulations into national laws.
Researching and finding out international laws and practices in
Vietnam on maritime security for ships and seaports is extremely
important and urgent for Vietnam since maritime security for
Vietnamese ships and seaports is currently threatened by many
threats. Meanwhile, the national legal system on maritime
security for ships and ports is inadequate with many shortcomings
in practical implementation and needs a system of effective solutions
to enhance maritime security. In response to such urgent demands,
the PhD student boldly selected the topic : “Maritime security for
ships and seaports under international law and the practice in
Vietnam” as my research topic.
2. Research purposes and tasks
The purpose of the thesis is to clarify theoretical issues of
maritime security for ships and seaports, analyze the current
situation of law and practice of international and Vietnam laws
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on maritime security for ships and seaports and proposing a

number of solutions to contribute to
strengthening Vietnam's maritime security.
3. Research subject and research scope of the thesis
The object of the thesis is maritime security for ships and
seaports in the modern international law. The thesis only studies
some of the main threats of maritime security . The East Sea area is
focused on research.
4. Research Methodology
The thesis is done on the basis of the methodology of dialectical
materialism and historical materialism, using a combination of
research methods such as analysis, comparison, synthesis, statistics,
comparison ... to clarify the problem.
5. New contributions of the thesis
The thesis is the first and comprehensive scientific research
project on maritime security for ships and seaports in the
perspective of international law in Vietnam. The thesis deepens the
theoretical system of maritime security for ships and
seaports, generalizing the content and nature of maritime security for
ships and seaports in a legal perspective to create international
cooperation framework. The thesis also analyzes and evaluates
scientifically and comprehensively on the reality of international law
as well as the practice of implementing international laws in some
countries so that lessons can be learned for Vietnam. The thesis also
has profound explanations of Vietnamese practices on maritime
security, pointing out the inadequacies to propose a feasible system
of solutions for strengthening maritime security for ships and
seaports in Vietnam.
6. The theoretical and practical significance of the thesis
 3

The study will be valuable for policy makers, legislative

agencies, state agencies, for shipsping companies, ports, for scholars
and students of the Maritime Law.
7. Structure of the thesis
In addition to the introduction, conclusion, the works of the
author previously published and the list of references and
appendices, the content of the thesis is divided into four chapters .
CHAPTER 1. OVERVIEW OF OVERSEAS AND DOMESTIC
RESEARCH TO THE THESIS
1.1. Overseas research related to the thesis
There are many overseas research projects on maritime security
for ships and seaports related Maritime security concepts
international law on maritime security, threats to maritime security,
measures to enhance maritime security, practical implementation of
international law on maritime security in some countries. Through
the analysis process, PhD students have pointed out the possible
values inherited from our forebears, as well as issues that the PhD
studentneed study further.
1.2. The research in Vietnam relates to the topic
Referring to the research works in Vietnam, the PhD
student can draw conclusions about maritime security for ships and
seaports which has not received much research interest of
Vietnamese scholars. The works only stop at the approach of each
small aspect of the problem. There is no work at all, especially at the
level of doctoral thesis in research law with comprehensive maritime
security for ships and seaports in international law and Vietnam
law as well as proposing solutions and recommendations for
ensuring maritime security for ships and seaports in Vietnam.
1.3. Evaluating the results of research projects related to the
thesis topic and the issues that need further research
 4

The research has mentioned some theoretical issues and

international law on maritime security for ships and seaports,
pointing out the shortcomings of Vietnam law on maritime security
and creating a scientific basis for the author to continue
researching . However, there are still many unresolved issues such as
the need to build a unified definition of maritime security for ships
and seaports, not fully studying Vietnam laws on maritime security
as well as proposing solutions and recommendations to ensure the
enhancement of maritime security for ships and seaports in
Vietnam.
On the basis of selective inheritance of research results that
domestic and foreign scholars have achieved, the thesis should
continue to study the following issues: (1) further clarifying
the system theory of maritime security for ships and seaports,
(2) studying international legal systems and enforcing international
law on maritime security for ships and seaports in some countries,
(3) studying the issue of Vietnam law on maritime security for ships
and seaports. On the basis of analysis, the research shows the
shortcomings that exist in the legal and real systems and execution to
build synchronized, feasible proposals and proposals to ensure
maritime security for ships and seaports in Vietnam.
Research hypothesis of the thesis
The first hypothesis: In the context of global integration and
commercialization, many risks on maritime security for ships and
seaports have been created.
Second hypothesis : The international law on maritime security for
ships and seaports is an effective tool and international cooperation
is an inevitable trend for countries to prevent and respond to security
hazards.
The third hypothesis : The current situation of Vietnam law
on maritime security for ships and seaports is inadequate, there are
 5

many shortcomings in practical implementation, requiring policy and

system of synchronized solutions to ensure Vietnam's maritime
security against the threat of seaports security in the new situation.
Research questions
- What is the concept, role and identification of maritime
security threats for ships and seaports?
- What is the relation ships between maritime security and
maritime safety, maritime security and national security?
- Why does international law on maritime security for ships and
seaports stipulate relatively adequate rights and obligations of
countries and related entities in cooperation, prevention and response
to security risks but not effective in securing ships and port security
in practice?
- Has the Vietnamese legal system has been fully and in
accordance with international treaties on maritime security for ships
and seaports that Vietnam has signed or participated in and needs to
be completed to become an effective tool in enhancing maritime
security for ships and seaports?
Approach of the thesis: including systematic approach,
interdisciplinary approach, historical approach, comparative
approach.
Conclusion of Chapter 1
Researching overview of research works with regard
to Maritime security for ships s and seaportss at domestic and
abroad,
the author has provided a comprehensive and in sightful view on
issues related to the thesis topic. Through the research, the author
found that although there are many research projects on maritime
security, there is not yet any work, especially at the doctoral thesis
level approaching this issue fully. Recognizing that, the PhD student
has clearly defined the purpose and research task. It is the thesis that
 6

will continue to focus on clarifying theoretical issues about maritime

security for ships and seaports, international laws and Vietnam's
practices on maritime security for ships and seaports. Therefore,
both comprehensive and comprehensive solutions are proposed to
enhance maritime security for ships and seaports in Vietnam.
CHAPTER 2. THEORETICAL ISSUES ON MARITIME
SECURITY FOR SHIPS AND SEAPORTS
2.1. The concept and role of maritime security for ships and
seaports in international relations
2.1.1. Definition
a. Definition of security
Though there are a lot of different definitions of security, there
is a similarity in security which is not threat and danger. Security is
an important content in international relations. In the beginning,
traditional security considered the country to be the object of
security. After that, security is expanded with a new way of non-
traditional security.
b. Definition of maritime security for ships and seaports
- Ship : The thesis refers to the concept of ship in the provisions of
international law and the laws of some countries and in the research
of scholars. Of course, in accordance with the scope of the research,
the author agrees with the definition of the ship given in the
Vietnam Maritime Code 2015, because this definition is consistent
with the definition of ships in many the international conventions,
clearly demonstrating the floating, mobile, and maritime activities
for commercial purposes - which are the basic characteristics of ship
- Seaport: The definition of seaport is accessible in international law
and some countries. In accordance with with the scope of the study
of the subject, the author agrees with the definition of seaport
prescribed in Vietnam Maritime Code 2015, because this definition
outlines the key features of the seaports and is quite similar to the
 7

way of understanding seaports in international law as well as national

laws.
- Definition of maritime security for ships and seaports
The first view: considering maritime security for ships and
seaports is a part of maritime security. With this view, depending on
the approach such as traditional security, non-traditional security, a
"positive" approach, the "negative" approach or a combination of
both gives different definitions of maritime security for ships and
seaports.
The second view: considering maritime security for ships
and seaports is the maritime security. This way is well-known in
countries’ maritime security strategy.
Although there are a number ofviews and different
explanations, basically in this Thesis, maritime security for ships
and seaports is understood as "a combination of preventive and
response measures in international law and national law to protect
the system of ships and seaports against threats threatening the
international sea transportation”.
2.1.2. Features of maritime security for ships and seaports
- Subjects to ensure maritime security for ships and seaports
are national and international institutions.
- The definition of maritime security for ships and seaports
clearly identifies the protection objects of maritime security, which
are ships and seaports.
- The legal basis of maritime security for ships and seaports is
the provisions of the international legal system and national laws.
- Threats threatening maritime security for ships and seaports
are diverse, transnational and require all areas of cooperation among
countries to prevent and respond to hazards .
2.2.3. The role of maritime security for ships and seaports in
international relations
 8

- Maritime security recognizes the existence of a new term in

international relations on the basis of existing concepts and
constituent elements.
- Maritime security for ships and seaports contributes to
forming the overall viewpoint in the awareness and actions of
countries as well as the international community on global issues.
- Maritime security for ships and seaports affirms the role of
international organizations, especially the United Nations and IMO.
- Maritime security for ships and seaports plays an important
role in promoting global trade growth through international ships
ping operations.
2.2. Identifying maritime security threats for ships and seaports
In this section, the PhD student focuses on identifying the main
security threats including sovereignty disputes and sovereignty rights
among nations, maritime terrorism, armed piracy / robbery,
trafficking drugs by sea, the stowaway. Corresponding to each
threats, the Ph.D student introduces the definition of threat, assesses
the effects of each of these threats on Maritime security for ships s
and seaportss through specific scientific evidence. Therefor, this
helps legislators, policy makers have effective solutions and
strategies for preventing and responding to each threat.
2.3. Maritime security for ships and seaports in relation to
maritime safety and national security
In this section, the PhD student clarifies the relation ships
between maritime security and maritime safety. Two concepts have
a close relation ships and are often associated with a legal regime
because they share common goals and reinforce each other.
However, maritime safety mainly refers to accidents, incidents
and prevent environmental pollution whereas the maritime security
mentions security risks for ships and seaports.
 9

PhD students also clarify the dependency relation ships

between maritime security and national security, maritime security is
a part of the overall national security strategy, reflecting the national
security strategy. The benefits of maritime security become a core
benefit and a goal pursued by national security
policy. However, maritime security also has the opposite effect on
national security.
Conclusion of Chapter 2
In chapter 2, the author has focused on clarifying theoretical
issues about maritime security for ships and seaports through the
definition of ships , seaports, security and maritime security for
ships and seaports with basic characteristics, analyzing the role
of maritime security for ships and seaports in international
relations, identifying and assessing the impacts of maritime
security threats on ships and seaports, research maritime
security in relation to maritime safety and national security to see the
significance and importance of policy and law making as well
as improve efficiency Law enforcement in strengthening maritime
security for ships and seaports.
CHAPTER 3. INTERNATIONAL ON MARITIME SECURITY
FOR SHIPS AND SEAPORTS
3.1. The formation and development of regulations on Maritime
security for ships s and seaportss in modern international law
This section deals with the formation and development of
regulations on Maritime security for ships s and seaportss through
periods for ships s and seaportss through periods from 1600 and
earlier, from 1600 to 1850, from 1850 to 1945, from 1945 to 1991
and from 1991 to present.
3.2. International law on preventing and responding to maritime
security threats for ships and seaports.
3.2.1. Territorial Disputes
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3.2.1.1. International law on territorial disputes

The content of this section analyzes the provisions
of UNCLOS as an international legal document to curb and
manage maritime security threats, maintaining order at sea.
3.2.1.2. Practical implementation of international law on territorial
disputes among countries on the East Sea
The PhD student assesses the implementation of UNCLOS as a
result of management tools, disputecontrol abide by most countries.
However, in practice, a number of provisions in UNCLOS were not
properly understood, typically China deliberately explained and
misused the provisions of UNCLOS related to the regime of islands
and pants, the island, the archipelago, the shoals, the rocky beaches
in service of unreasonable sovereignty claims on the East Sea.The
Philippines sued China and the arbitral tribunal's decision was also
mentioned. The rejection of China's 9-dotted line, clearly explains
uniformly the definitions of islands, rocks and shoals at the time of
sinking as well as the legal status of entities given in the Arbitration
Ruling will be Meaning for all countries including Vietnam have a
way to unify UNCLOS, thereby applying the Convention as a legal
basis for protecting their legitimate rights and interests in the East
Sea.
3.2.2. Pirates / armed robbery on boats
3.2.2.1. International law on combating piracy/armed robbery on
boats
This section will analyze the regulations on combating piracy
recognized in UNCLOS , Regional Cooperation Agreements and
extremely useful guidelines of the IMO.
3.2.2.2. Practical implementation of international law on combating
piracy / armed robbery on boats
In this section, the PhD student refers to the process of
legalizing international law provisions into national laws through the
 11

promulgation of the law of piracy prevention and criminalization of

piracy. Practical implementation of the right to pursue piracy and to
fulfill the obligation of national cooperation in combating piracy is
mentioned through the implementation of joint initiatives, joint
campaigns and patrols across the sea among country, contributing to
repel pirates, especially Somalia and Southeast Asia.
3.2.3. Maritime terrorism
3.2.3.1. International law on fighting against maritime terrorism
This section focuses on the analysis of the 1988 SUA
Convention and the 2005 Protocol concerning the issue of
establishing national jurisdiction in the trials of terrorism, criminal
extradition and international cooperation obligations of countries.
3.2.3.2. Practical implementation of international law on the fight
against maritime terrorism.
The PhD student evaluated the process of implementing SUA
Convention in a number of countries, analyzing the inadequacies in
the implementation of SUA Convention through US case law. Two
or more countries have the right to prosecute and adjudicate a
terrorist crime. In fact, SUA Convention 1988 does not bring much
effect because it only focuses on prosecuting offenders without
providing the ability to act force to suppress crime.
3.2.4. Illegal transportation of drugs by sea
3.2.4.1. International law on the prevention of illegal transportation
of drugs by sea
This section analyzes the legal provisions on the prevention of
illegal transportation of drugs by sea recorded in UNCLOS, the
United Nations Convention on Drug Substances in 1961, the Vienna
Convention on the Prevention of Trafficking in Illicit Drugs and
Psychotropic Substances in 1988 and IMO guidelines.
3.2.4.2. Practical implementation of international law on the
prevention of illegal transportation of drugs by sea
 12

The effectiveness of international cooperation in the fight

against illegal transportation of drugs by sea depends on the actual
ability of law enforcement in each country. ThePhD students also
mentioned some difficulties in practical implementation of drug
prevention laws of many countries such as lack of investment in
equipment for finding and detecting drugs, Law enforcement officers
have not yet specialized in training, especially in the field of
intelligence, collecting and analyzing information, monitoring and
delivery activities that control, investigate and collect evidence to
allow the authorities to make judgments of subjects in drug crime
organizations, many countries have not yet established a single unit
for law enforcement to fight drug prevention.
3.2.5. Stowaway
3.2.5.1. International law to prevent and handle stowaway
This section analyzes the provisions of the FAL Convention
1965 and guidelines of IMO on the obligation to prevent
evaders, procedures for handling evacuations and procedures for
evacuating stowaways.
3.2.5.2. Practical implementation of international law to prevent
and handle stowaway.
This content mentions the reality of ships evaders, the practice
of internalizing the international law provisions into national laws.
The PhD student also mention the consequences of the fact that the
Captain does not comply with the instructions in stowaway in
practice through a number of specific cases from which the need to
comply with the directions was seen, the guidance of the FAL
Convention 1965 and the IMO Resolution in dealing with ships
refugees.
3.3. International law on measure to enhance maritime security
for ships and seaports.
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3.3.1. International law on measures to enhance security of ships

and seaports
In this section, the PhD student focuses on the content of the ISPS
Code on specific security measures which need to be implemented
for ships and ports in order to respond to security threats.
3.3.2. Practical implementation of international law on measures
to enhance security of ships and seaports
The content of this section is to analyze the process of
implementing the ISPS Code in a number of member countries,
including the United States, Japan, Australia and Malaysia,
addressing the shortcomings of the implementation of the ISPS Code
practically implemented as:
- ISPS Code is not interested in ensuring supply chain security
- Implementation results depend on the human resources and
financial resources of each country.
- Failure to provide requirements for security checks should make a
difference in security check procedures when ships enter seaportss
of the countries. In addition, the ISPS Code requires that cargo ships
maintain the same level of security as passenger ships of the same
size, which are not really suitable in practical implementation.
Although there are some shortcomings in practical implementation,
the ISPS Code is evaluated an international legal document with
measures to strengthen special security to ensure maritime
security for ships and seaports against security threats.
3.4. International institutions ensuring maritime security for
ships and seaports
In this section, the PhD student has clarified the role of global
international organizations (UN , IMO , World Customs
Organization) and regional institutions (European Union,
Organization of American States, African Union, Association of
 14

Southeast Asian Nations and other organizations in maritime

security.
Conclusion of Chapter 3
In this chapter, the PhD students have clarified the process of
formation and development of regimes ensuring maritime security
for ships and seaports in international law, the reality of
international law and practical implementation in a number of
countries. The content of this chapter valuable premise connection
with Chapter 4-Practice in Vietnam because it will provide a basis
for evaluating processes into domestic law the Convention, an
international treaty on maritime security which Vietnam participates
in, assessing the compatibility and conformity between Vietnam law
and international law. Practical implementation of international law
in some countries is also valuable for Vietnam in proposing solutions
to enhance maritime security for ships and seaports in Vietnam
CHAPTER 4. PRACTICEON MARITIME SECURITY FOR
SHIPS AND SEAPORTS IN VIENAM
4.1. Vietnam law on preventing and responding to maritime
security threats for ships and seaports
4.1.1. Territorial Disputes
4.1.1.1. Vietnam law on the issue of territorial disputes among
countries in the East Sea.
This section will focus on analyzing the content of the National
Border Law and the Law of the Sea of Vietnam to see that it is an
important legal tool to help Vietnam ensure maritime transport
security as well as Vietnam's rights and legal interests in the East
Sea.
4.1.1.2. Practical implementation of Vietnam law on territorial
disputes between countries in the East Sea
In addition to assessing the compatibility and appropriateness
of Vietnam law in the internalization of the provisions of UNCLOS ,
 15

the content of the section also refers to the implementation of the law
on sovereignty, sovereign rights and Vietnam's jurisdiction on
islands and seas expressed specifically in the following areas:
- Vietnam has increased and strengthened national defense and
security, well protected the title of sovereignty over the Paracel
Islands; managed and firmly protected 21 islands and yards with 33
points stationed in Truong Sa archipelago, well protected the
exclusive economic zone and continental shelf of 200 nautical miles
through the maintenance of the system and operation of 15 houses
DK rig on the exclusive economic zone, the continental shelf of
Vietnam.
- Law enforcement forces on the sea clearly show the role of
managing and protecting Vietnam's waters.
- Persistently, resolutely fight against violations of Vietnam's
sovereignty over sea and islands, affirming Vietnam's sovereignty
over the archipelagos of Paracel Island and Spratly Island,
sovereignty over internal waters and territorial waters. sovereignty
and jurisdiction over Vietnam's exclusive economic zone and
continental shelf.
4.1.2. Pirates / armed robbery for boats
4.1.2.1. Vietnam law on combating piracy / armed robbery on boats
This section analyzes the content of Article 302 on charges of
piracy - a crime firstly recorded in the Criminal Code 2015, with a
reference to the provisions of UNCLOS and the Recaap Agreement
the suitability and compatibility of measures inVietnam .
4.1.2.2. Practical implementation of Vietnam law on combating
piracy / armed robbery against boats
In this section, the PhD student refers to the situation of
piracy/armed robbery against Vietnamese vessels in other countries'
waters or on international waters, assessing the role of the coastal
police force. In combating piracy / armed robbery to minimize the
threat of piracy happening in Vietnamese waters. In addition,
 16

the PhD student also mentioned the practical implementation of

international cooperation obligations recognized in UNCLOS in the
fight against piracy of the functional forces of Vietnam, practical
evaluation of implementation of rules to prosecute criminals
according to the Criminal law.
4.1.3. Maritime terrorism
4.1.3.1. Vietnam law on fighting against maritime terrorism
Carrying out the obligation to internalize the International
Convention on Terrorism including the SUA Convention, Vietnam
has promulgated the Law on Terrorism Prevention and
criminalization of 3 counts of terrorism into Vietnam's Criminal
Code be carried out by the graduate student to analyze specific
content. Through the analysis process, it can be seen that some of
Vietnam's regulations are not compatible with the provisions of
international law, making it difficult for functional agencies in
international cooperation to fight against this threat.
4.1.3.2. Practical implementation of Vietnam law on fighting
maritime terrorism
For maritime terrorism, this is determined to be a potential
security threat by the fact so far, not a single maritime terrorist threat
to ships and port security . However, every year the Maritime
Department still cooperates with the Port Authority, Border Guard,
Coast Guard, Police Force, Police for Fire Protection, seaports
enterprises and related parties to organize rehearsals. Maritime
terrorism to raise awareness about security as well as the ability to
coordinate and respond to security incidents.
4.1.4. Illegal transportation of drugs by sea
4.1.4.1. Vietnam law on the prevention of illegal transportation of
drugs by sea
This section deals with Vietnam's accession to the Convention on
Drugs and the process of Vietnam's legalization through the
enactment of the Law on Drug Prevention and Criminalization in the
 17

Criminal Code. The content of Article 250 of the Criminal

Code 2015 on illegal transportation of drugs is focused on the basis
of comparison with the old Criminal Code.
4.1.4.2. Practical implementation of Vietnam law on the prevention
of illegal transportation of drugs by sea
The content of the section deals with the illegal transport of drugs
by sea in Vietnam, difficulties of functional forces in detecting,
arresting and handling criminals illegally transport drugs by sea in
Vietnam. In addition, the PhD student also mentioned the process of
implementing the meaning of international cooperation recognized in
international drug conventions that Vietnam is a member through
practical cooperation between Vietnam and the Organization, anti-
crime and drug use by the United Nations (UNODC), with the
Mekong sub-region countries and border countries like Myanmar,
Laos, Cambodia, Thailand and China.
4.1.5. Stowaway
4.1.5.1. Vietnam law to prevent and handle stowaway
This section focuses on analyzing the contents of Decree No.
77/2017 / ND-CP regulating the management, security and order
protection at port border gates and the provisions of the Maritime
Code on stowaway.
4.1.5.2. Practical implementation of Vietnam law to prevent and
handle stowaway
In this section, the fellows have an assessment of
compatibility in the provisions of Vietnam law with the provisions of
the FAL Convention 1965 that Vietnam is a member. In fact, the
ships refugees are not the main threat to the security of Vietnam
ships and seaports because authorities detect very few cases of
people escaping by ships to or from Vietnam seaports. Success in
preventing the dangers of escorts must includes the great
contribution of the Borderlands security.
 18

4.2. Vietnam law on measures to enhance the security of ships

and seaports
4.2.1. Vietnam law on measures to enhance security of ships and
seaports
The PhD students mentions the process of joining and
legalizing ISPS Code into Vietnam by analyzing the regulations of
Vietnam Maritime Code 2015 on ships security and seaports and
maritime security information. The content of Decree No. 170/2016 /
ND-CP stipulates the announcement, reception, processing and
transmission of maritime security information is also mentioned for
assessing the compatibility and compliance law of Vietnam with the
contents of ISPS Code.
4.2.2. Practical implementation of Vietnam law on measures to
enhance security of ships and seaports
In the context of this section, besides assessing the advantages
that implementation of the provisions of the ISPS Code provides, the
PhD student also points out some limitations in practical
implementation such as maritime security information connectivity,
organization and management of maritime security , management of
seaports security, training of maritime security personnel, financial
investment for security operations. The pointing out the
shortcomings in this implementation practice will serve as a basis for
suggestions and recommendations for complete solutions in the
following part of the thesis.
4.3. Perspectives on orientations and solutions to improve Viet
Nam law on strengthening assurance maritime security for ships
and seaports
4.3.1. Viewpoints of the Party and State of Vietnam on
strengthening assurance maritime security for ships and seaports
Although it has not yet developed and issued a separate policy
on maritime security, in the documents of the Party congress as well
as the practice of foreign affairs of Vietnam, the Party and the State's
 19

guidelines on maritime security are shown, specifically:

(1) Ensuring maritime security associated with the protection of
maritime security and sovereignty, protect national maritime
transport security; (2) Ensuring maritime security contributes to
implementing the goal of making Vietnam a strong sea country and
enriching from the sea ; (3) Enhancing international cooperation and
implement international commitments on maritime security for ships
and seaports .
4.3.2. Proposing solutions to enhance maritime security for ships
and seaports in Vietnam
4.3.2.1. Solution to develop national maritime security strategy for
ships and seaports
Overall, the National Maritime Security Strategy must generalize
the situation of maritime security, the law on maritime security, the
views and orientations for strengthening maritime security, build a
system of solutions and supervise the process of implementing the
law on maritime security. In detail, the National Strategy
on Maritime Security must: (1) demonstrate a comprehensive
vision of maritime security , identify the benefits and important roles
of maritime security for Vietnam (2) Identify Vietnam maritime
security threats; (3) Show the goal and action plan through a system
of solutions to ensure Vietnam's maritime security .
4.3.2.2. Solutions to build and complete legal documents
On the basis of pointing out the shortcomings of the current
situation of Vietnam law, the PhD student mentions some following
perfect solutions:
Firstly: construction research and issue : (1) Government
Decree on maritime security; (2) Decree of the Government on the
regimes, policies on salaries and allowances for maritime security
forces ; (3) Prime Minister's Decision on the Central and Regional
Coordination Regulationsin Maritime Security Assurance (4)
Circular of the Ministry of Transport on port security personnel
 20

training program, company security personnel and ships security

officers (5) the Ministry of Finance's circular on collecting maritime
security fees; (6) Regulations on the functions and duties of port
enterprises; (7) Promulgating the Regulation on coordination of
related agencies in ensuring security for ships and seaports; (8)
Security plan for anchorage areas for cargo handling and return of
pilots in seaports waters; (9) Amending and supplementing the
Government's Decree on sanctioning administrative violations in the
field of maritime security;
Secondly, Completing the law on piracy, such as : (1) issuing
legal documents to guide how to understand the terms: "sea", "place
not under the jurisdiction of any country", "maritime means"; (2)
issuing legal documents to guide the delimitation of investigating,
prosecuting and adjudicating jurisdiction over piracy.
Thirdly, Completing the law on terrorism (1) Need to criminalize
some acts of recruiting, training and harboring terrorists (2) to
abandon terrorism to fight the people's government (3) Add the
purpose of terrorism to Article 299 in accordance with international
law; (4) Specific guidance should be given to the case of
appropriation of ships , then handled in accordance with Article 299
of the Criminal Code on charges of terrorism or Article 221 of the
Criminal Code regarding crimes of appropriating aircraft and ships .
4.2.3.3. Solutions to improve the capacity of agencies to ensure the
enforcement of maritime security laws for ships and seaports
Renovating the organization of maritime security management
in the direction of assigning the function of unified state
management of maritime security to Vietnam Maritime
Administration to overcome the inadequacies when assigned to both
the Maritime Bureau and the Department Register now.
Strengthening the coordination of activities between the
functional forces in ensuring maritime security as well as site
 21

equipment and facilities in order to improve operational efficiency to

ensure enforcement.
Strengthening the security training for the management
officials of the Maritime Bureau, Maritime Security Information
Center and Maritime Port Authorities.
4.2.3.4. Solution of managing and controlling disputes over
sovereignty and sovereignty rights, ensuring maritime transport
security, ensuring freedom of navigation on the South China Sea
Vietnam needs to consult with ASEAN countries in order to
soon complete the draft and adopt the Code of Conduct in the South
China Sea (COC), with Philippines , and consult with Japan to have
experience in the East Sea dispute between China and Vietnam; ask
regional countries to establish the regional maritime security control
center.
4.2.3.5. Solution to strengthen ships security
- Strengthening security equipment for ships
- Enhancing the training of security interns for officers and crew on
board.
- Enhancing security when ships are in the port by strengthening the
check- up on ships , increasing security for cargo handling,
providing storage for ships , handling consignment to timely
detect, eliminating security threats.
4.2.3.6 . Solution to strengthen seaports security
- Investing in infrastructure and equipment to ensure seaports
security
- Building the program of training for seaports security officers and
staff
- Improving the quality of exercises and security practices at
seaports
4.2.3.7 . Solution to strengthen international cooperation in
guarantee maritime security
Cooperation in connecting, sharing maritime security information,
 22

training, coaching, intern ships , joint patrol cooperation, joint

exercises at sea.
Conclusion of Chapter 4
In this chapter, the PhD student has analyzed the current situation of
law and practical implementation of Vietnam law on maritime
security for ships and seaports, thereby assessing the relevance and
compatibility with regulations in the international maritime
security conventions that Vietnam is a member, and pointed out the
shortcomings, existing in the practical implementation so that they
can orient and propose scientific solutions and feasibility with the
desire to be positive suggestions for policy makers, legislators, ships
ping companies, port operators in enhancing maritime security for
ships and seaports in Vietnam.
CONCLUSIONS AND RECOMMENDATIONS
1. Conclusion
Maritime security for ships and seaports plays an important
role in international maritime transport as well as the development of
each nation whether there is a sea or not. However, maritime
security is being threatened by many threats. A regime with the
process of formation and development in international law
ensures maritime security to become responsibility and cooperation
of nations .
In the process of research on maritime security for ships and
seaports in the international and practical laws of Vietnam, the PhD
student has clarified and enriched the theoretical system of maritime
security and conceptual analysis, basic characteristics of maritime
security for ships and seaports, identification and assessment of the
impacts of maritime security threats on ships and seaports, analysis
of regulations of international and Vietnamese legal systems
on maritime security. The PhD student also clarify the close relation
ships between maritime security as an important part of national
security, the role of maritime security to see the meaning and
 23

necessity in developing policies, laws and law enforcement to

ensure maritime security for ships and seaports. By analyzing the
current status of the law and the implementation of the law
on maritime security for ships and seaports, the PhD student has
also pointed out the shortcomings, on that basis the PhD
student proposes a system of scientific and feasible solutions to
enhance maritime security assurance for ships and seaports in
Vietnam.
2. Recommendations
On the basis of the research results of the thesis, the graduate
student would like to propose some following contents:
(1) Proposing to the Party Central Committee to soon build and issue
a national strategy on maritime security; (2) Proposing to the
Government to soon build, issue, amend and improve legal
documents on maritime security ; (3) Proposing to the Ministry of
Transport to consider and consolidate the organizational structure in
the direction of assigning the Maritime Department to be the only
focal agency in maritime security management ; (4) Proposing to the
Ministry of Finance to promulgate regulations on collection of
maritime security feesto create a stable budget for investment in
maritime security for ships and seaports in Vietnam ; (5) Proposing
to port authority to establish an independent security management
room with safety management department; (6) Proposing to seaports
enterprises and ships ping companies to improve security capacity
security for ships and seaports; (7) Proposing to facilities assigned
to train company security personnel, port security personnel, ships
security officers to agree on training programs and teachers course,
lecture, not only theory but also practice; (8) Proposing to Vietnam
Maritime University to supplement theoretical and legal knowledge
related to ships security and seaports in training programs and
teaching for the maritime law major.
 24

LIST OF ANNOUNCED RESEARCH WORKS

RELATED TO THE THESIS’ THEME

1. Luong Thi Kim Dung (2015), “Threat of piracy in

Southeast Asia and the solutions to enhence Vietnam maritime
secutity ”. Journal of Marine Science and technology, No. 41, p. 72-
76.
2. Luong Thi Kim Dung (2016) “International Law on
maritime security”, Lexicography & Encyclopedia, No. 3, p. 66-70.
3. Luong Thi Kim Dung (2016) “International law against
ilicit drug traficking by sea”, Journal of Education and Society, No.
Special, (June), p.12-15.
4. Luong Thi Kim Dung (2016), “International matitime
security law on counter drug traficking at sea”, The International
Conference on Marine Science and Technology, (October), p.38-44.
5. Nguyen Thanh Le, Luong Thi Kim Dung, (2017),
“Enhancing the capacity of Vietnam Coast Guard in law
enforcement on Combating Piracy and Armed Robbery against
ships ", Journal of Vietnam Coast Guard, No. 3(21) , p. 54-57.
6. Nguyen Kim Phuong, Luong Thi Kim Dung, Nguyen Thanh
Trung (2017) “Some recommendations to prevent piracy for ships
in Southeast Asia”, Journal of Marine Science and technology, No.
51, p 9-13.
7. Luong Thi Kim Dung (2018), “Enforce measures to ensure
maritime secutity of Australia and experience of Vietnam”. Journal
of Marine Science and technology, No.54, p 85-90.
8. Luong Thi Kim Dung, Nguyen Thanh Le, Nguyen Manh
Cuong (2018) “Building of Vietnam's National Maritime Security
Strategy”, The International Conference on New developments of the
International Law of the Sea- Regard International and Vietnam,
(November), p 41-48.
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