Ordinance No. 03/2008/PL-UBTVQH12 on the Vietnam Coast Guard Force

ORDINANCE

The Vietnam Coast Guard Force

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

WHEREAS, the Constitution of the Socialist Republic of Vietnam in 1992 has been amended and supplemented pursuant to Resolution No. 51/2001/QH10;

WHEREAS, Resolution No. 11/2007/QH12 of the National Assembly on the Program for Law and Ordinance Building during the Twelfth Session (2007-2011) and in 2008;

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ENACTS THE ORDINANCE ON THE VIETNAM COAST GUARD FORCE.

PART I

GENERAL PROVISIONS

Article 1. The Vietnam Coast Guard Force is a specialized force of the State responsible for performing functions related to security, order, safety, and ensuring compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party in its maritime zones and continental shelf.

The Vietnam Coast Guard Force operates in accordance with this Ordinance and other provisions of Vietnamese law.

Article 2. The Vietnam Coast Guard Force is a people's armed force of the Socialist Republic of Vietnam, under the leadership of the Communist Party of Vietnam, the command of the President, and the unified management of the Government.

The Ministry of National Defense directly manages and directs the operations of the Vietnam Coast Guard Force.

Article 3. The Vietnam Coast Guard Force operates in the maritime zones and continental shelf of the Socialist Republic of Vietnam.

Within their duties and powers, the Vietnam Coast Guard Force is responsible for implementing tasks in coordination with other forces as prescribed by law.

Regulations on cooperation in operations and specific responsibilities of the forces shall be stipulated by the Government.

Article 4. Organizations, individuals have the responsibility to cooperate, collaborate, and assist the Vietnam Coast Guard Force in performing its tasks; they are protected by the State when confidentiality is required and enjoy policies as prescribed by law.

Chapter II

DUTIES, POWERS AND RESPONSIBILITIES OF THE VIETNAM COAST GUARD FORCE

Article 5. Officers and soldiers of the Vietnam Coast Guard Force must be absolutely loyal to the Socialist Fatherland of Vietnam, possess good moral qualities, have necessary professional qualifications, understand Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party, and fulfill all assigned tasks.

Officers and soldiers of the Vietnam Coast Guard Force may not abuse their positions, powers, or job positions to cause damage to the interests of the State, the rights and legitimate interests of organizations and individuals.

Article 6. In internal waters, territorial seas, and port waters of the Socialist Republic of Vietnam, the Vietnam Coast Guard Force has the duty to inspect and control in accordance with Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party, to protect sovereignty; maintain security, order, and safety; protect resources, prevent environmental pollution; detect, prevent, and combat smuggling, illegal transportation, and trafficking of persons, illegal transportation and sale of goods, weapons, explosives, narcotics, precursors, and other violations of law.

Article 7. In contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam, the Vietnam Coast Guard Force has the duty to patrol and control in accordance with Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party, to protect sovereign rights and jurisdictional rights; protect resources, prevent environmental pollution; detect, prevent, and combat smuggling, piracy, armed robbery against ships, illegal transportation, and trafficking of persons, illegal transportation and sale of narcotics, precursors.

Article 8. The Vietnam Coast Guard Force performs international cooperation tasks within its functions, duties, and powers as prescribed by Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party, contributing to maintaining security, order, peace, and stability in maritime areas.

Article 9. The Vietnam Coast Guard Force has the duty to collect, receive information, process it promptly, and report to relevant authorities as prescribed by Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party; participate in search and rescue, mitigate marine accidents, and implement environmental protection activities, organize responses to marine environmental incidents.

Article 10. The Vietnam Coast Guard Force has the duty to participate in disseminating, popularizing, and educating the law to the people operating at sea; coordinate with other forces to protect state property, lives, and assets of people and means of operation legally in Vietnam's maritime zones and continental shelf; coordinate with other units of the armed forces to protect sovereignty, national security on islands, maritime areas belonging to the territory of the Socialist Republic of Vietnam, and sovereign rights and jurisdictional rights in exclusive economic zones and continental shelves of the Socialist Republic of Vietnam.

Article 11. When discovering signs of violation of Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party, the Vietnam Coast Guard Force has the right to inspect and control; if there is a violation, it can handle administrative violations according to the law, compel the person and means to cease the violation, leave the area of operation or Vietnamese waters; arrest, detain violators caught in the act, record the handling according to authority or transfer to competent authorities for handling according to Vietnamese law.

Article 12. In cases where violators do not comply with orders, resist, or deliberately flee, the Vietnam Coast Guard Force has the right to enforce, pursue, or exercise other rights as prescribed by Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 13.

1. In case of urgent necessity to pursue and apprehend persons and means violating the law, rescue victims, or respond to serious environmental incidents, the Vietnam Coast Guard has the right to mobilize persons and means of Vietnamese individuals and organizations, but must immediately return them when the urgent situation ends; if there is damage to property, compensation must be provided. Persons mobilized for duty who are injured or killed shall be handled according to state policy; in cases where there are no persons or means of Vietnamese individuals and organizations available for mobilization or even after mobilization the urgent situation cannot be resolved, the Vietnam Coast Guard may request assistance from foreign individuals and organizations operating in Vietnam's maritime zones and continental shelf in accordance with Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a member.

2. For genuine necessity due to national defense, security, and national interests, authorized personnel in the Vietnam Coast Guard have the right to requisition assets of Vietnamese individuals and organizations in accordance with laws on asset purchase and requisition.

Article 14. The Vietnam Coast Guard is equipped and uses weapons, technical investigative means, support tools, and investigative measures to perform its duties as prescribed by law.

Article 15. When performing their duties, the Vietnam Coast Guard may fire weapons in the following situations:

1. When violators use weapons to resist or employ other direct threats against the lives and safety of the Vietnam Coast Guard's means.

2. When pursuing persons and means engaged in serious violations, if weapons are not used, they may escape.

3. To protect citizens when they are directly threatened with death by others.

In the situations where firing weapons is permitted under this Article, officers and soldiers of the Vietnam Coast Guard may only shoot at the target after issuing orders for them to stop or firing warning shots without result, except in emergencies; for complex cases that significantly affect sovereignty and national security, they must report to the competent authority for decision.

Article 16. The Vietnam Coast Guard conducts criminal investigations in accordance with the Criminal Code, the Criminal Procedure Code, laws on criminal investigation organization, and other related legal documents.

Chapter III

THE ORGANIZATION OF THE VIETNAM COAST GUARD

Article 17. The organization and operation of the Vietnam Coast Guard are regulated by the Government.

The specific staffing and equipment of the Vietnam Coast Guard are regulated by the Minister of National Defense.

Article 18. The Vietnam Coast Guard consists of officers, professional military personnel, non-commissioned officers, soldiers, defense civil servants, and defense workers (hereinafter collectively referred to as officers and soldiers of the Coast Guard).

Article 19. The appointment, dismissal, demotion, promotion, and revocation of ranks for officers and soldiers of the Vietnam Coast Guard are carried out as follows:

1. For officers, in accordance with the Law on Officers of the People's Army of Vietnam;

2. For professional military personnel, non-commissioned officers, and soldiers, in accordance with the Law on Military Service Obligation;

3. For defense civil servants and defense workers, in accordance with relevant laws.

Article 20. The service system for officers and soldiers in the Vietnam Coast Guard is implemented in accordance with the regulations of the law on officers and soldiers of the People's Army and other relevant laws.

Article 21. The Vietnam Coast Guard has its own flag, insignia, and uniform, as prescribed by the Government.

When performing tasks, vessels and other means of the Vietnam Coast Guard must fly the national flag and the Vietnam Coast Guard flag; officers and soldiers of the Coast Guard must wear uniforms and insignias of the Vietnam Coast Guard.

Chapter IV

STATE MANAGEMENT OVER THE VIETNAM COAST GUARD

Article 22. The content of state management over the Vietnam Coast Guard includes:

1. Issuing and implementing legal normative documents concerning the Vietnam Coast Guard;

2. Organizing, leading, and commanding the Vietnam Coast Guard;

3. Training and developing officers and soldiers of the Vietnam Coast Guard;

4. Implementing systems and policies for the Vietnam Coast Guard;

5. Inspecting, auditing, resolving complaints and accusations, and handling violations of law within the scope of activities of the Vietnam Coast Guard;

6. International cooperation.

Article 23.

1. The Government uniformly manages state affairs over the Vietnam Coast Guard.

2. The Ministry of National Defense is responsible before the Government for managing state affairs over the Vietnam Coast Guard; guiding, urging, inspecting, and coordinating primarily with ministries, agencies equivalent to ministries, provincial people's committees, and centrally governed city people's committees in building, organizing, and operating the Vietnam Coast Guard.

3. Ministries and agencies equivalent to ministries within their respective functions and authorities have the responsibility to coordinate with the Ministry of National Defense in managing state affairs regarding the activities of the Vietnam Coast Guard.

4. Provincial people's committees and centrally governed city people's committees within their respective functions and authorities have the responsibility to coordinate, support, and create conditions for the Vietnam Coast Guard to perform its tasks.

5. The Government promulgates regulations on coordination between the Ministry of National Defense and ministries, agencies equivalent to ministries, provincial people's committees, and centrally governed city people's committees in managing state affairs regarding the activities of the Vietnam Coast Guard.

Chapter V

ENSURING OPERATIONS AND SYSTEMS, POLICIES FOR

THE VIETNAM COAST GUARD

Article 24. The State builds the Vietnam Coast Guard as revolutionary, regular, elite, and gradually modern; prioritizes and strengthens investment in research and application of advanced scientific and technological achievements, equipping weapons, technical investigative means, and support tools to ensure that the Vietnam Coast Guard can fulfill its tasks.

Article 25.

1. The regime and policies for officers and soldiers of the Vietnam Coast Guard shall be implemented according to the provisions of the law on officers and soldiers of the People's Army and other relevant legal provisions.

2. The State shall have preferential policies and regimes suitable to the nature of tasks and operational areas of the Vietnam Coast Guard as follows:

a) Allowance for long-term service at borders and islands;

b) Responsibility allowance according to the special profession of Vietnam Coast Guard officers and soldiers;

c) Sea duty allowance;

The Government shall specify in detail the preferential regime and policies for the Vietnam Coast Guard.

Article 26.

1. Citizens meeting the political, moral character, educational qualifications, health standards, having aptitudes suitable to the requirements of the tasks, and expressing willingness may be selected to join the Vietnam Coast Guard;

2. The Vietnam Coast Guard shall give priority to selecting citizens specified in Clause 1 of this Article who are graduates from academies, universities, colleges, vocational high schools, vocational schools, and vocational training centers to supplement the Vietnam Coast Guard force.

Article 27. Officers and soldiers of the Vietnam Coast Guard shall be trained and developed politically, professionally, in business operations, in law, and in other necessary knowledge in accordance with assigned tasks; they shall be encouraged and provided conditions to develop their talents to serve the Vietnam Coast Guard.

Article 28. The budget for organizing, building, and operating the Vietnam Coast Guard shall be guaranteed by the state budget.

Chapter VI

IMPLEMENTING PROVISIONS

Article 29. This Ordinance takes effect from July 1, 2008.

This Ordinance replaces the Ordinance on the Vietnam Coast Guard dated March 28, 1998.

Article 30. The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.