Decision No. 125/2004/QD-TTg On the announcement, receipt, transmission, and handling of maritime security information

Pursuant to …;

On the publication, receipt, transmission, and handling of maritime security information

___________________________

PRIME MINISTER

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

Pursuant to the Vietnam Maritime Code dated June 30, 1990;

Based on the provisions of the amended and supplemented 2002 International Convention for the Safety of Life at Sea (SOLAS 74) accompanying the Code on Maritime Security for Ships and Ports (ISPS Code);

At the proposal of the Minister of Transport,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Decision stipulates the procedures, formalities, and coordination processes between state management agencies and relevant organizations and individuals in the publication, receipt, transmission, and handling of maritime security information.

This Decision applies to all organizations and individuals related to the management, use, and exploitation of the following types of ships and ports:

1. Vietnamese ships operating on international routes and foreign ships operating in Vietnam's internal waters and territorial seas (hereinafter referred to collectively as ships), including:

a) Passenger ships;

b) Cargo ships with a total gross tonnage of 500 GT or more;

c) Offshore mobile drilling units.

2. Ports receiving the ships specified in Clause 1 of this Article (hereinafter referred to collectively as ports).

3. Companies operating the ships specified in Clause 1 of this Article (hereinafter referred to collectively as ship companies).

4. Enterprises managing and operating the ports specified in Clause 2 of this Article (hereinafter referred to collectively as port enterprises).

5. State management agencies as prescribed in this Decision.

Article 2. Maritime Security Information

Maritime security information includes information about potential or actual security incidents affecting ships and ports; the level and changes in the level of maritime security applicable to ships and ports; and information about appropriate security measures that must be applied to ensure the security of ships and ports.

Article 3. Levels of Maritime Security

1. The level of maritime security is the degree of danger of a security incident that will be carried out or will occur.

2. Maritime security is divided into three levels of maritime security (hereinafter referred to collectively as levels) as follows:

a) Level 1 is the level where minimum appropriate security protection measures must be maintained at all times.

b) Level 2 is the level where additional appropriate security protection measures are implemented and must be maintained during periods of high risk of a security incident occurring.

c) Level 3 is the level where specific subsequent security protection measures must be maintained for a certain period when a security incident is likely to occur or is almost certain to occur, although the specific target may not be identified.

3. The level of maritime security is applied to ships and ports.

Article 4. Maintaining and Changing Levels

1. Level 1 is maintained continuously on Vietnamese ships and at Vietnamese ports.

2. Changes in levels must be announced and promptly notified to relevant agencies, organizations, and individuals.

Article 5. Agencies Announcing Levels, Changing Levels, and Directing, Ensuring Appropriate Security Measures for Ships and Ports

1. The agency designated by the Ministry of National Defense is responsible for announcing levels and changing levels as prescribed in Article 3 of this Decision; and simultaneously responsible for directing and ensuring, according to its functions, the appropriate security measures that must be applied to ships operating in Vietnamese waters, ships moored at offshore oil terminals, and offshore oil terminals when there is a potential or actual security incident on ships and at offshore oil terminals.

2. The agency designated by the Ministry of Public Security is responsible for providing necessary information to the agency designated by the Ministry of National Defense to announce levels and change levels for ports except offshore oil terminals; and simultaneously responsible for directing and ensuring, according to its functions, the appropriate security measures that must be applied to ports except offshore oil terminals and ships moored at such ports when there is a potential or actual security incident at those ports.

Article 6. Maritime Security Information Reception and Transmission Center

1. The Vietnam Maritime Administration shall establish the Maritime Security Information Reception and Transmission Center (hereinafter referred to as the Center) with communication equipment in accordance with the regulations of the International Maritime Organization (IMO), and ensure staffing for 24/7 daily operation.

2. The Center shall be responsible for:

a) Serving as the point of contact for receiving information on security levels, changes in security levels, and necessary security measures from agencies designated by the Ministry of National Defense and the Ministry of Public Security, and transmitting such information to vessels, ports, and other relevant agencies in Vietnam, as well as to competent authorities abroad if requested.

b) Receiving maritime security-related information from vessels, ports, or foreign competent authorities, and promptly informing the agencies designated by the Ministry of National Defense, the Ministry of Public Security, and other relevant agencies in Vietnam. In cases where information is received from foreign-flagged vessels, it must be reported to the competent authority of that country and simultaneously reported to the Ministry of Foreign Affairs. If the competent authority cannot communicate with the foreign authority whose flag the vessel is flying, diplomatic channels will be used to inform the relevant agencies of that country.

Article 7. Mechanism for Receiving and Transmitting Maritime Security Information

The reception and transmission of maritime security information between agencies designated by the Ministry of National Defense, the Ministry of Public Security, and other related state management agencies and port enterprises, shipping companies must ensure smooth operation 24/7 daily, timely, in compliance with legal provisions on confidentiality, and through the methods and contact addresses listed in the maritime security communication information directory announced by the Vietnam Maritime Administration.

Chapter II

ANNOUNCEMENT, RECEIPT, TRANSMISSION AND

HANDLING OF MARITIME SECURITY INFORMATION

Article 8. Announcement, Receipt, Transmission of Information on Security Levels and Guidance on Ensuring Necessary Security Measures for Vessels and Ports

The announcement, receipt, and transmission of information on security levels and necessary security measures shall be carried out according to the following procedures:

1. The agency designated by the Ministry of National Defense shall be responsible for notifying the Center about security levels, changes in security levels, and necessary security measures.

2. Upon receiving the aforementioned information, the Center must immediately transmit such information to:

a) Port maritime administration;

b) Security officers of shipping companies;

c) Competent authorities of foreign countries concerned, while also reporting to the Ministry of Foreign Affairs. In cases where the competent authority cannot communicate with the foreign authority whose flag the vessel is flying, diplomatic channels will be used to inform the relevant agencies of that country.

3. Immediately upon being notified by the Center of this information:

a) The port maritime administration must notify:

- Port security officers;

- Vessels expected to arrive at or currently operating at ports within its jurisdiction.

- Border Guard units at port checkpoints.

b) The security officer of the shipping company must inform their ship's security officer to apply these measures to the vessel's next voyage.

Article 9. Receiving, transmitting, and processing other maritime security information

1. When receiving a "maritime security alarm" from a ship or a request for security support from a ship operating in Vietnam's territorial waters, from an offshore crude oil port, or from the competent authority of the state whose flag the ship flies, the Center must immediately forward to the agency designated by the Ministry of National Defense.

2. The agency designated by the Ministry of National Defense must promptly process the information and timely inform the Center of appropriate security measures to be applied to ships operating in Vietnam's territorial waters, ships moored at offshore crude oil ports, and offshore crude oil ports, so that the Center can relay these measures to the relevant ships, offshore crude oil ports, and the competent authority of the state whose flag the ship flies if required, while also informing the Ministry of Foreign Affairs. In case the competent authority cannot contact the authority of the foreign state whose flag the ship flies, diplomatic channels will be used to notify the relevant authorities of the foreign state.

3. When receiving information that may affect port security except for offshore crude oil ports, port security officers must immediately report to the agency designated by the Ministry of Public Security in the locality for prompt handling and the Border Guard Force of the port to coordinate; simultaneously reporting to the Maritime Port Authority of the region to inform the Center.

4. The procedures for receiving, transmitting, and processing maritime security information between ship security officers and shipping companies, port enterprises, and related agencies at ports shall be carried out in accordance with the amendments and supplements of the SOLAS Convention 74 in 2002, the ISPS Code, and the guidelines of the Minister of Transport.

5. In cases where ships moored at ports except offshore crude oil ports cannot implement security measures as required, port security officers must immediately report to the agency designated by the Ministry of Public Security in the locality for handling, while also reporting to the Center. If necessary, the agency designated by the Ministry of Public Security will cooperate with the agency designated by the Ministry of National Defense to resolve the issue.

Chapter III

RESPONSIBILITIES OF THE MINISTRIES AND PROVINCES, CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT INVOLVED AND SHIPPING COMPANIES, PORT ENTERPRISES

Article 10. Responsibilities of the Ministry of National Defense

1. The Ministry of National Defense is responsible for organizing the implementation of the provisions stipulated in Clause 1 of Article 5, Article 7, Clause 1 of Article 8, and Clause 2 of Article 9 of this Decision. At the same time, directing subordinate agencies to coordinate with related forces to implement the provisions stipulated in Clauses 3 and 5 of Article 9 of this Decision.

2. Ensuring, according to its functions, the provision of appropriate security measures to quickly, timely, and effectively address incidents of security occurring or likely to occur on ships operating in Vietnam's territorial waters, ships moored at offshore crude oil ports, and offshore crude oil ports, thereby minimizing losses.

Article 11. Responsibilities of the Ministry of Public Security

1. The Ministry of Public Security is responsible for organizing the implementation of the provisions stipulated in Clause 2 of Article 5, Article 7, Clauses 3 and 5 of Article 9 of this Decision.

2. Ensuring, according to its functions, the provision of appropriate security measures to quickly, timely, and effectively address incidents of security occurring or likely to occur at ports except offshore crude oil ports and on ships operating at ports, thereby minimizing losses.

Article 12. Responsibilities of the Ministry of Transport

1. Directing the Vietnam Maritime Administration to organize the Maritime Security Information Reception and Transmission Center with staffing and communication equipment in accordance with the guidance of the International Maritime Organization to ensure effective operation 24 hours a day.

2. Directing the Vietnam Maritime Administration, the Vietnam Ship Survey Bureau, the maritime port authority, port enterprises, and shipping companies to perform the tasks stipulated in this Decision, the amendments and supplements of the SOLAS Convention 74 in 2002, the ISPS Code, and other relevant laws.

Article 13. Responsibilities of the Ministry of Finance

1. Allocating funds in the annual state budget estimate for the Ministries and agencies involved in implementing this Decision.

2. Guiding the Ministries, agencies involved, and enterprises in the financial sector when implementing this Decision.

Article 14. Responsibilities of the Ministry of Foreign Affairs, the Ministry of Justice, and the provincial and municipal people's committees directly under the Central Government related to this matter

Coordinate with the Ministry of Transport, the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Finance to implement this Decision.

Article 15. Responsibilities of shipping companies and marine port enterprises

Fully comply with the provisions of this Decision and other relevant legal documents.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and municipal people's committees directly under the Central Government shall be responsible for implementing this Decision./.