Decision No. 11/2009/QD-TTg Amending and supplementing certain articles of Decision No. 125/2004/QD-TTG dated July 9, 2004, of the Government on the announcement, receipt, transmission, and handling of maritime security information.

Pursuant to …;

Amending and supplementing certain Articles of Decision No. 125/2004/QĐ-TTg dated July 9, 2004 of the Prime Minister

regarding the announcement, receipt, transmission, and handling of maritime security information

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the 2002 amendments and supplements to the International Convention for the Safety of Life at Sea 1974 (SOLAS Convention) issued together with the Code on Security of Ships and of Ports (ISPS Code);

Considering the proposal of the Minister of Transport,

 DECISION

Article 1. Amending and supplementing certain provisions of Decision No. 125/2004/QĐ-TTg dated July 9, 2004 of the Prime Minister on the announcement, receipt, transmission, and handling of maritime security information as follows:

1. Article 5 shall be amended as follows:

"Article 5. The agency responsible for announcing the level, changing the level, and guiding and ensuring the necessary security measures to be applied to ships and ports

1. The Maritime Police Department under the Ministry of National Defense (hereinafter referred to as the Maritime Police Department) shall be responsible for announcing the level, changing the level as stipulated in Article 3 of this Decision, and at the same time shall be responsible for guiding and ensuring, according to its functions, the necessary security measures to be applied to ships operating in Vietnam's territorial waters, ships moored at offshore oil ports, and offshore oil ports when there is a possibility or actual occurrence of security incidents on ships and at offshore oil ports.

2. The Political Security Agency V under the Ministry of Public Security (hereinafter referred to as the A42 Agency) shall be responsible for providing necessary information to the Maritime Police Department to announce the level, changing the level for ports except offshore oil ports, and at the same time shall guide and ensure, according to its functions, the necessary security measures to be applied to ports except offshore oil ports and ships moored at such ports when there is a possibility or actual occurrence of security incidents at these ports."

2. Article 6 is amended and supplemented as follows:

"Article 6. The Maritime Security Information Center

1. The Minister of Transport shall establish the Maritime Security Information Center (hereinafter referred to as the Center) under the Vietnam Maritime Administration, equipped with communication facilities in accordance with the regulations of the International Maritime Organization (IMO) and staffed to ensure 24/7 operation.

2. The Center shall be responsible for:

a) Serving as the point of contact for receiving information about the level, changes in the level, and necessary security measures from the Maritime Police Department and the A42 Agency to transmit to ships, ports, and other relevant agencies in Vietnam as well as competent authorities of foreign countries if requested;

b) Receiving maritime security information from ships, ports, and other organizations or individuals, or from competent authorities of foreign countries. Cooperating with relevant agencies to verify the information and promptly notify the Maritime Police Department, the A42 Agency, and other competent Vietnamese authorities. In cases where information is received from foreign ships, it must be reported to the competent authority of that country simultaneously with notification to the Consular Service Department under the Ministry of Foreign Affairs (hereinafter referred to as the Consular Service Department). If the Center cannot communicate with the competent authority of the foreign country whose flag the ship is flying, it will report through the Consular Service Department to the competent authority of that foreign country;

c) Performing the function of a focal point for maritime security information between Vietnam and international maritime security organizations;

d) Notifying competent authorities and related organizations about "security alerts" from ships but the content of these "security alerts" does not correspond to the actual maritime security situation, if necessary;

e) Cooperating with competent authorities and related organizations to carry out other tasks related to maritime security information."

3. Amending Clause 1, Clause 3, and adding Clause 6 of Article 9 as follows:

a) Amend Clause 1 as follows:

"1. When receiving a "security alert" from a ship or a request for security support from a ship operating in Vietnam's territorial waters, from an offshore oil port, or from the competent authority of the state whose flag the ship is flying, the Center must cooperate with relevant agencies to verify the information and then promptly forward it to the Maritime Police Department."

b) Amending Clause 3 as follows:

"3. When receiving information that may affect the security of ports except offshore oil ports, port security officers must immediately notify the local agency designated by the A42 Agency for prompt handling and the Border Guard Force at the port to coordinate; while also notifying the Port Management Authority in that area and the Center to promptly coordinate handling."

"c) Supplement Clause 6 as follows:"

"6. The Maritime Police Department and the A42 Agency shall be responsible for informing the Center of the results of handling maritime security information."

4. Amending Clause 1 and adding Clause 3 of Article 10 as follows:

a) Amend Clause 1 as follows:

"1. Implementing the provisions of Clause 1 of Article 5; Article 7; Clause 1 of Article 8; Clause 2 and Clause 6 of Article 9 of this Decision. At the same time, directing subordinate agencies and units to cooperate with related forces to implement the provisions of Clause 3 and Clause 5 of Article 9 of this Decision."

b) Supplement Clause 3 as follows:

"3. Entrusting the Maritime Police Department to take the lead, coordinating with the Vietnam Maritime Administration and related units, organizing drills for maritime security incidents at offshore oil ports and on ships operating in Vietnam's territorial waters."

5. Article 11 is amended and supplemented as follows:

"Article 11. Responsibilities of the Ministry of Public Security

1. Implementing the provisions of Clause 2 of Article 5; Article 7; Clause 3, Clause 5, and Clause 6 of Article 9 of this Decision.

2. Ensuring, according to its functions, appropriate security measures to quickly, timely, and effectively address security incidents or potential incidents at ports except offshore oil ports and on ships operating at such ports to minimize losses.

3. Entrusting the A42 Agency to take the lead, coordinating with the Vietnam Maritime Administration and related units to organize training for port security officers on maritime security operations and coordinating to organize drills for maritime security incidents at ports except offshore oil ports and on ships moored at such ports."

6. Clause 1 of Article 12 is amended as follows:

"1. Direct the Vietnam Maritime Administration to establish a maritime security information center with staffing and communication equipment in accordance with the guidelines of the International Maritime Organization to ensure effective operation 24/24 hours a day."

7. Article 15 is amended and supplemented as follows:

"Article 15. Responsibilities of shipping companies and marine port enterprises"

"1. Coordinate with the Center and relevant agencies to promptly verify maritime security information and the actual status of security alarms issued from vessels of their company."

"2. Timely provide the Center with the contact address of the company and enterprise, and lists of port security officers; lists of company security officers and lists of vessels managed and operated by the company."

"3. Shall be held responsible under the law if the security alarm system of vessels under their management and operation issues a security alarm that does not correspond to the actual security situation."

"4. Fully implement the provisions of this Decision and related legal documents."

"8. Amend certain terms in some Articles of Decision No. 125/2004/QĐ-TTg as follows:"

"a) Replace the term “offshore oil terminal” with “offshore oil and gas terminal” in Articles 5, 9, 10, and Article 11;"

"b) Replace the term “agency designated by the Ministry of National Defense” with “Maritime Police Corps” and the term “agency designated by the Ministry of Public Security” with “A42 Corps” in Articles 5, 6, 7, 8, and Article 9;"

"c) Replace the terms “Ministry of Foreign Affairs” and “diplomatic route” with “Consular Service Department” in Articles 6, 8, and Article 9;"

"d) Replace the term “competent authority” with “Center” at Point c Clause 2 Article 8;"

"đ) Remove the phrase “The Ministry of National Defense shall be responsible” at Clause 1 Article 10;"

"e) Remove the phrase “The Ministry of Public Security shall be responsible” at Clause 1 Article 11."

Article 2. "This Decision takes effect from March 15, 2009."

Article 3. "Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, Heads of related agencies and organizations are responsible for implementing this Decision./."