Ordinance No. 04/1998/PL-UBTVQH10 on the Vietnam Coast Guard Force

ORDINANCE

The Vietnam Coast Guard Force

To enhance the effectiveness of state management in protecting national sovereignty, sovereign rights, jurisdiction, security, and order in Vietnam's maritime zones and continental shelf;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the National Assembly, Session 5, Ninth Term, approving the United Nations Convention on the Law of the Sea 1982;

Pursuant to the Resolution of the 10th National Assembly, second session on the legislative program for 1998;

This Ordinance stipulates 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, public order, safety, and ensuring compliance with Vietnamese laws and relevant international treaties that the Socialist Republic of Vietnam has signed or acceded to within 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 one of the armed forces of the Socialist Republic of Vietnam, under the leadership of the Communist Party of Vietnam, the unified command of the President, and the unified state administration of the Government;

The Ministry of National Defense directly organizes, manages, and directs all activities of the Vietnam Marine Police Force.

Article 3.

The Vietnam Coast Guard Force operates from the baseline out to the outer limits of Vietnam's Exclusive Economic Zone and continental shelf; it coordinates with other relevant forces to perform its tasks;

Within internal waters and ports, when requested, the Vietnam Coast Guard Force is responsible for coordinating with local authorities, Border Guard Forces, People's Public Security Forces, Customs, Transportation, Fisheries, Oil and Gas Forces, and other relevant forces to perform its tasks;

Regulations on cooperation in operations and the division of areas and specific responsibilities among forces shall be prescribed by the Government;

Article 4.

State agencies, the Vietnam Fatherland Front and its member organizations, people's armed forces units, economic organizations, social organizations, and all citizens have the responsibility to cooperate and assist the Vietnam Coast Guard Force in performing its tasks;

PART II
RESPONSIBILITIES, TASKS, AND LIMITATIONS OF THE VIETNAM COAST GUARD FORCE

Article 5.

Coast Guard officers and soldiers must be absolutely loyal to the Socialist Republic of Vietnam, possess good moral qualities, have the necessary professional qualifications, be well-versed in Vietnamese laws and relevant international treaties that the Socialist Republic of Vietnam has signed or acceded to, and complete all assigned tasks;

Coast Guard officers and soldiers 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 the territorial sea and contiguous zone of the Socialist Republic of Vietnam, the Vietnam Coast Guard Force has the task of inspecting and controlling according to Vietnamese laws and relevant international treaties that the Socialist Republic of Vietnam has signed or acceded to, to protect sovereignty, resources, prevent environmental pollution, maintain security, public order, and safety; detect, prevent, and combat illegal transportation of persons and illegal transportation, purchase, and sale of weapons, explosives, narcotics, and stimulants; and combat smuggling, piracy, and other violations of the law;

Article 7.

In the Exclusive Economic Zone and continental shelf of the Socialist Republic of Vietnam, the Vietnam Coast Guard Force has the task of patrolling and controlling according to Vietnamese laws and relevant international treaties that the Socialist Republic of Vietnam has signed or acceded to, to protect sovereign rights and jurisdiction, prevent environmental pollution, detect, prevent, and combat piracy, slave trafficking, illegal transportation, purchase, and sale of narcotics, and stimulants;

Article 8.

The Vietnam Coast Guard Force has the task of implementing international cooperation within its functional and task scope according to Vietnamese laws and relevant international treaties that the Socialist Republic of Vietnam has signed or acceded to, contributing to maintaining security, public order, peace, and stability in regional and international maritime zones;

Article 9.

The Vietnam Coast Guard Force has the task of collecting, processing, and promptly reporting necessary information to competent agencies; coordinating with other forces to protect state property, lives, and assets of people and lawful operating means in Vietnam's maritime zones and continental shelf; participating in search and rescue operations and mitigating marine incidents; coordinating with other military units to protect national sovereignty and security on islands and maritime zones within the territory of the Socialist Republic of Vietnam and sovereign rights in the Exclusive Economic Zone and continental shelf of the Socialist Republic of Vietnam;

Article 10.

When detecting persons and vessels showing signs of violating Vietnamese laws and relevant international treaties that the Socialist Republic of Vietnam has signed or acceded to, the Vietnam Coast Guard Force has the right to inspect and control; if there is a violation, it decides to impose administrative penalties according to the law, orders the person and vessel to cease the violation, leave the area they are operating in, or leave Vietnamese waters; apprehends, detains the violators, records the incident, and transfers them to competent authorities for handling according to the law;

Article 11.

In cases where persons and vessels violate the law and refuse to comply with orders, resist, or deliberately flee, the Vietnam Coast Guard Force has the right to enforce, pursue, or exercise other rights according to Vietnamese laws and relevant international treaties that the Socialist Republic of Vietnam has signed or acceded to.

Article 12.

In emergency situations where it is necessary to pursue violators, rescue victims, or respond to serious environmental incidents, the Vietnam Coast Guard has the authority to mobilize personnel and means from organizations and individuals in Vietnam, but must immediately return them when the emergency ends. If the mobilized means are damaged or lost, the coast guard unit shall be responsible for compensation. Personnel who are injured or killed while performing their duties shall be handled according to state policy.

In emergencies, if it is not possible to mobilize personnel and means from domestic organizations and individuals or if such mobilization does not resolve the situation, the Coast Guard may request foreign vessels operating in Vietnam's territorial waters and continental shelf to assist in accordance with Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 13.

The Coast Guard may use firearms in the following cases:

1. When the violator uses weapons to resist or employs other measures directly threatening the lives and safety of Coast Guard personnel and means;

2. When pursuing violators whose actions are seriously illegal, and without using weapons, they might escape;

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

In the cases where firearms may be used as provided in this Article, Coast Guard officers and soldiers may only fire at the target after ordering them to stop or firing warning shots without result, except in urgent situations; in complex cases that significantly affect sovereignty and national security, they must report to the competent authority for decision.

Article 14.

While performing their duties, the Coast Guard has the authority to impose administrative penalties and apply measures to prevent administrative violations.

The imposition of administrative penalties and the application of measures to prevent administrative violations shall be carried out in accordance with the Ordinance on Handling Administrative Violations and other provisions of Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a party.

The authority of the Coast Guard to impose administrative penalties and apply measures to prevent administrative violations, as well as the forms and levels of penalties for each type of administrative violation, shall be prescribed by the Government.

CHAPTER III
ORGANIZATION OF THE VIETNAM COAST GUARD

Article 15.

The organization and operation of the Vietnam Coast Guard shall be prescribed by the Government.

The specific staffing and equipment of the Vietnam Coast Guard shall be prescribed by the Minister of National Defense.

Article 16.

The Vietnam Coast Guard consists of officers, professional military personnel, non-commissioned officers, enlisted personnel, and defense workers (collectively referred to as Coast Guard officers and soldiers).

Article 17.

The appointment, dismissal, demotion, promotion, reduction, and revocation of ranks for Coast Guard officers and soldiers shall be implemented 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 enlisted personnel, in accordance with the Law on Military Service Obligation;

3. For defense workers, in accordance with the relevant laws.

Article 18.

The service conditions of officers and soldiers in the Coast Guard shall be implemented in accordance with legal documents applicable to the People's Army of Vietnam and other provisions of law.

Article 19.

The Vietnam Coast Guard shall have its own flag, insignia, and uniform, prescribed by the Government.

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

PART IV
STATE MANAGEMENT OF THE VIETNAM COAST GUARD

Article 20.

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

1. Issuing and guiding the implementation of legal normative documents concerning the Coast Guard;

2. Prescribing the organizational system, leadership, and command of the Coast Guard;

3. Prescribing and organizing the training and development of Coast Guard officers and soldiers;

4. Prescribing and implementing systems and policies for the Coast Guard;

5. Inspecting, auditing activities of the Coast Guard, resolving complaints and accusations, and handling violations of law within the scope of the Coast Guard's operations.

Article 21.

1. The Government exercises unified state management over the Vietnam Coast Guard.

2. The Ministry of National Defense is responsible before the Government for managing state affairs regarding the organization and operation of the Vietnam Coast Guard; guiding, urging, inspecting, and coordinating primarily with ministries, agencies equivalent to ministries, government agencies, provincial people's committees, and municipal people's committees under the central government in building, organizing, and operating the Vietnam Coast Guard.

3. Ministries, agencies equivalent to ministries, and government agencies within their respective functions and authorities shall be responsible for coordinating with the Ministry of National Defense in managing state affairs regarding the activities of the Vietnam Coast Guard.

4. Provincial people's committees and municipal people's committees under the central government within their respective functions and authorities shall be responsible for coordinating, supporting, and creating conditions for the Vietnam Coast Guard to perform its tasks.

5. The Government shall issue regulations on coordination between the Ministry of National Defense and ministries, agencies equivalent to ministries, government agencies, provincial people's committees, and municipal people's committees under the central government in managing state affairs regarding the activities of the Vietnam Coast Guard.

CHAPTER V
SYSTEMS AND POLICIES FOR COAST GUARD OFFICERS AND SOLDIERS

Article 22.

Coast Guard officers and soldiers shall enjoy the same systems and policies as officers and soldiers of the People's Army of Vietnam.

Article 23.

The budget for the organization, construction, and operation of the Vietnam Coast Guard shall be guaranteed by the State budget.

Chapter VI
REWARD AND VIOLATION HANDLING

Article 24.

Coast Guard officers and soldiers who achieve outstanding results in work and combat shall be rewarded in accordance with the law.

Officers and soldiers of the Coast Guard who violate discipline shall be subject to disciplinary action under the Regulations on Discipline of the Vietnam People's Armed Forces; if they commit acts that violate the law, they shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

Article 25.

Organizations and individuals who have achievements in protecting sovereignty, sovereign rights, and security and order safety in Vietnam's maritime zones and continental shelf, assisting the Coast Guard Force in performing their tasks shall be rewarded according to the provisions of the law.

Any person who commits acts violating the law in protecting sovereignty, sovereign rights, and security and order safety in Vietnam's maritime zones and continental shelf, obstructing the performance of tasks by the Vietnam Coast Guard Force, shall be subject to administrative handling or criminal responsibility depending on the nature and severity of the violation.

Chapter VII
IMPLEMENTING PROVISIONS

Article 26.

This Ordinance takes effect from September 1, 1998.

Article 27

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