Circular No. 15/2019/TT-BQP stipulates the procedures for patrol, inspection, and control by the Vietnam Coast Guard.

CIRCULAR
Regulations on patrol, inspection, and control procedures of the Vietnam Coast Guard

 

Pursuant to the Law on the Vietnam Coast Guard dated November 19, 2018;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Commander of the Vietnam Coast Guard;

The Minister of National Defense issues this Circular to regulate the patrol, inspection, and control procedures of the Vietnam Coast Guard.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the patrol, inspection, and control procedures of the Vietnam Coast Guard.

Article 2. Applicability

1. This Circular applies to the Vietnam Coast Guard, agencies, organizations, individuals, and vessels operating in Vietnam's maritime areas.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be applied.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Patrol is the mobile activity on the sea carried out by the patrol force of the Vietnam Coast Guard according to plans or spontaneously to inspect and control organizations, individuals, and vessels operating in Vietnam's maritime areas in accordance with the functions and tasks of the Vietnam Coast Guard.

2. Inspection is the activity of the Vietnam Coast Guard, which involves stopping vessels operating on the sea, organizing forces to approach and board vessels to inspect persons, equipment, goods, and vessels in accordance with this Circular and other relevant laws.

3. Control is the activity of the Vietnam Coast Guard, involving reviewing documents and materials concerning persons, equipment, goods; implementing measures to prevent and ensure the handling of violations; collecting evidence and materials from inspected vessels to detect, prevent, and handle violations in accordance with the law.

4. The patrol, inspection, and control procedure is the sequence of steps performed by officers and soldiers of the patrol, inspection, and control force of the Vietnam Coast Guard, from the moment they issue orders to stop vessels for inspection, boarding vessels to be inspected until the end of the inspection and control activities and departure from inspected vessels.

5. The violation handling procedure is the sequence of steps performed by officers and soldiers of the patrol, inspection, and control force of the Vietnam Coast Guard, from the moment of detecting violations, recording violation reports, or applying preventive measures and ensuring the handling of violations until the completion of violation handling, or the Vietnam Coast Guard transfers the case to competent authorities.

Article 4. Principles of patrol, inspection, and control activities and violation handling

1. Adhere to the Party's guidelines and policies, state laws, this Circular, and other relevant laws related to patrol, inspection, control, and violation handling activities at sea.

2. Prevent and strictly deal with all acts violating the law, contributing to ensuring maritime security, order, and safety.

3. Officers and soldiers of the Vietnam Coast Guard must wear uniforms in accordance with the law and regulations of the Ministry of National Defense when performing patrol, inspection, control, and violation handling duties at sea.

Article 5. Requirements for officers and soldiers of the Vietnam Coast Guard engaged in patrol, inspection, and control activities

1. Maintain respectful attitudes and proper conduct, demonstrating cultural behavior when interacting with agencies, organizations, and individuals.

2. Create favorable conditions for agencies, organizations, individuals, and vessels operating legally at sea.

3. Not to take advantage of their positions to seek personal gain.

4. Strictly prohibit taking advantage of patrols, inspections, and controls to harass, inconvenience the people; infringe upon the State's interests, lawful rights and interests of agencies, organizations, individuals, or cover up, tolerate, or assist in other illegal acts.

Article 6. Patrol, inspection, and control forces

1. Authority to decide on patrol, inspection, and control forces:

a) The Commander of the Vietnam Coast Guard decides on the commander, composition, and equipment of patrol, inspection, and control forces belonging to agencies and units under the Vietnam Coast Guard when the situation at sea is complex, involves foreign elements, has a wide scope, and affects multiple areas and forces;

b) The Commander of the Coast Guard Zone decides on the commander, composition, and equipment of patrol, inspection, and control forces belonging to units under his jurisdiction within the managed maritime area;

c) The Director of the Operations and Legal Affairs Bureau decides on the commander, composition, and equipment of patrol, inspection, and control forces for agencies under his jurisdiction in performing their tasks.

2. The commander of the patrol, inspection, and control force is a team leader officer when operating in patrol, inspection, and control formations consisting of teams of ships and boats, or the captain in single ship and boat formations.

3. Patrol, inspection, and control forces:

a) Patrol, inspection, and control forces include: officers and soldiers assigned to ships, boats, and aircraft of the Vietnam Coast Guard; officers and soldiers specializing in legal affairs and those from supporting or cooperating forces; persons mobilized;

b) Patrol, inspection, and control means include: ships, boats, aircraft, and equipment assigned to the Vietnam Coast Guard; civilian vessels and technical equipment mobilized according to Article 16 of the Vietnam Coast Guard Law;

c) According to specific mission requirements for each patrol, inspection, and control operation, the commander of the patrol, inspection, and control force decides on the number, composition, equipment, and ships and boats of the patrol, inspection, and control force.

4. Inspection and control teams:

a) Inspection and control teams are part of the patrol, inspection, and control forces of the Vietnam Coast Guard. Each Vietnam Coast Guard ship or boat participating in patrols, inspections, and controls must have at least one inspection and control team. Each inspection and control team must have at least three officers and soldiers, including at least one legal affairs specialist;

b) The composition of inspection and control teams includes: legal affairs specialists; information, navigation, machinery, and lookout officers and soldiers assigned to ships and boats of the Vietnam Coast Guard; and officers and soldiers from supporting or cooperating forces;

c) The head of the inspection and control team is the team's commander, holding a legal position with authority to handle violations according to the law.

Article 7. Tasks of Inspection and Control Teams

1. Inspect and control vessels, crew members, and cargo on vessels operating at sea.

2. Strictly follow superior commands and plans and schemes for patrols, inspections, and controls approved by competent authorities.

3. Detect, prevent, and handle or propose that authorized authorities promptly address violations according to the law.

4. Explain, guide, and publicize to organizations and individuals operating at sea about illegal acts; rights and obligations of violators according to the law.

5. Coordinate with related agencies and units to perform tasks.

6. Collect information, evidence, and materials related to crimes and law violations at sea.

7. Handle administrative violations according to laws on handling administrative violations; conduct certain criminal investigation activities according to laws on organizing criminal investigation agencies and criminal procedure laws.

8. Prepare relevant records according to the law; apply preventive measures, security measures for handling violations, and issue decisions and documents within their authority according to the law.

9. Deliver decisions and documents of competent authorities to related parties.

10. Propose organizations and individuals to cooperate and support in resolving cases and respond or provide opinions on matters related to cases.

11. Use weapons, explosives, supportive tools, and technical equipment in inspection and control activities according to the Law on Management and Use of Weapons, Explosives, and Supportive Tools and related laws.

12. Report, suggest, and propose issues related to cases to competent authorities.

13. Perform other tasks according to the law and regulations of the Minister of National Defense.

Article 8. Equipping weapons, support tools, and technical equipment for Inspection and Control Teams

1. Inspection and Control Teams shall be equipped with weapons, support tools; technical equipment including video cameras, photography devices, audio recorders; flashlight; communication devices; safety equipment; and other technical equipment as prescribed.

2. During patrol, inspection, control, and handling of violations at sea, Inspection and Control Teams shall use weapons, support tools, and technical equipment in accordance with laws on management and use of weapons, explosives, support tools, the Law on Vietnam Coast Guard, and regulations of the Minister of National Defense.

3. The results collected from using technical equipment, combined with other documents and evidence, serve the work of combating and handling criminal offenses and violations of law as prescribed by relevant laws.

Article 9. Relationships among components of patrol, inspection, and control forces

1. The Commander of the Vietnam Coast Guard, the Commander of Coast Guard Zones, and the Director of the Operations and Legal Affairs Bureau directly command and direct the patrol, inspection, and control forces under their authority when performing tasks.

2. The relationship between the Commander of the Vietnam Coast Guard, the Commander of Coast Guard Zones, and the Director of the Operations and Legal Affairs Bureau with the patrol, inspection, and control forces under their authority is a command and obedience relationship.

3. Inspection and Control Teams are directly commanded and directed by the person commanding the patrol, inspection, and control forces.

4. Inspection and Control Teams are subject to guidance and direction on professional and legal matters from higher-level operations and legal affairs agencies; closely coordinate with the Captain of Coast Guard vessels and boats to perform tasks.

5. The Captain of Coast Guard vessels and boats commands and directs Inspection and Control Teams regarding vessel and boat readiness for combat and ensuring crew welfare; is responsible for arranging sleeping, resting, living, studying, working spaces, and creating conditions for Inspection and Control Team members to complete assigned tasks.

Article 10. Formation and methods of patrol, inspection, and control

1. Formation of patrol, inspection, and control:

a) The formation of patrol, inspection, and control of Coast Guard vessels and boats in single-vessel or squadron formations, or mobilized civilian vessels and boats;

b) Based on the maritime security, order, and safety situation, the Commander of the Vietnam Coast Guard or the Commander of Coast Guard Zones, or the commander of the patrol, inspection, and control forces decides on the formation of Coast Guard vessels and boats and mobilized civilian vessels and boats;

c) Officers and soldiers of the Vietnam Coast Guard performing patrol, inspection, and control tasks, when traveling on Coast Guard vessels and boats or on mobilized civilian vessels and boats, must wear Coast Guard uniforms as prescribed by law.

2. Methods of patrol, inspection, and control:

a) Methods of patrol, inspection, and control on Vietnam Coast Guard vessels and boats;

b) Methods of patrol, inspection, and control on mobilized civilian vessels and boats.

3. Cases of patrol, inspection, and control on Vietnam Coast Guard vessels and boats:

a) According to the maritime patrol, inspection, and control plan of the competent authority;

b) Supporting officers and soldiers of the Vietnam Coast Guard on civilian vessels and boats to conduct inspections and controls at sea as prescribed by law.

Article 11. Cases and authority to decide on patrol, inspection, and control measures on civilian vessels

1. Cases for patrol, inspection, and control measures on civilian vessels:

a) When there are complex developments regarding national security at sea or when instructed by superiors;

b) When necessary requirements arise in the work of combating crime and violations of the law as stipulated in Article 16 of the Vietnam Coast Guard Law.

2. Authority to decide on patrol, inspection, and control measures on civilian vessels:

a) The Commander of the Vietnam Coast Guard shall consider and decide on patrol, inspection, and control measures on civilian vessels under the cases specified in Clause 1 of this Article occurring within a wide scope, involving multiple areas and forces, and approve plans and schemes upon proposals from subordinate agencies and units under the Command of the Vietnam Coast Guard;

b) The Commander of the Coast Guard Zone shall consider and decide on patrol, inspection, and control measures on civilian vessels under the cases specified in Clause 1 of this Article occurring within the management area and approve plans and schemes upon proposals from subordinate agencies and units under the Command of the Coast Guard Zone;

c) The Director of the Operations and Legal Affairs Bureau shall consider and decide on patrol, inspection, and control measures on civilian vessels under the cases specified in Clause 1 of this Article occurring within a wide scope, involving multiple areas, and approve plans and schemes upon proposals from subordinate agencies and units under the Operations and Legal Affairs Bureau.

Chapter II
PATROL, INSPECTION, AND CONTROL PROCEDURES

Article 12. Construction, approval of plans, and preparation for patrols, inspections, and controls

1. Agencies and units of the Vietnam Coast Guard assigned to conduct patrols, inspections, and controls at sea shall build plans for patrols, inspections, and controls and submit them to the competent authority for approval.

2. The plan for patrols, inspections, and controls includes the following basic contents:

a) Forecasting and evaluating the situation;

b) Determining objectives and tasks;

c) Determining patrol, inspection, and control routes and areas;

d) Determining measures, organizing forces, and vessel formations;

đ) Organizing command and coordination with cooperating forces to implement tasks;

e) Anticipating situations and measures to handle situations.

3. Approval of plans for patrols, inspections, and controls

a) The Commander of the Vietnam Coast Guard approves plans for patrols, inspections, and controls of agencies and units under the Command of the Vietnam Coast Guard;

b) The Commander of the Coast Guard Zone approves plans for patrols, inspections, and controls of agencies and units under the Command of the Coast Guard Zone;

c) The Director of the Operations and Legal Affairs Bureau approves plans for patrols, inspections, and controls of agencies and units under the Operations and Legal Affairs Bureau.

4. Assigning tasks to patrol, inspection, and control forces at sea.

5. Conducting additional training on relevant contents according to mission requirements.

6. Preparing documents, forms, and operational equipment.

7. Conducting comprehensive checks on preparations for patrol, inspection, and control activities.

Article 13. Ensuring safety for patrol, inspection, and control activities

1. Before, during, and after performing duties at sea, the commander of the patrol, inspection, and control force must study and evaluate the following issues:

a) The situation regarding safety in the relevant sea area;

b) The level of danger, risk, and possible scenarios to determine the formation, composition, time, position, and method of patrol, inspection, and control;

c) Studying and classifying objects and vessels operating on the route and area of the sea where the mission is expected to be carried out.

2. Criteria for assessing the level of danger and risk:

a) The condition, traces, type, shape, and equipment of the vessel to be inspected and controlled;

b) The composition, attitude, and reaction of people on board the vessel;

c) The nature, characteristics, and type of cargo transported on the vessel;

d) Weather conditions and other signs related to ensuring safety for patrol, inspection, and control activities.

3. Based on the results of evaluations in Clauses 1 and 2 of this Article, the commander of the patrol, inspection, and control force must specify:

a) Ensuring safety for the Inspection and Control Team and Coast Guard vessels when alongside or approaching the inspected vessel;

b) Observation and guard work of the Inspection and Control Team during inspections and controls on the inspected vessel;

c) Anticipating possible scenarios and measures to handle these scenarios.

Article 14. Cases for stopping vessels for inspection and control

1. Directly discovering acts of violating laws or signs of violating laws.

2. Discovering and recording acts of violating laws or signs of violating laws through technical means and equipment.

3. Having reports or information about acts of violating laws.

4. Having written requests from competent authorities regarding pursuit, arrest of persons, vessels, and means that violate laws.

5. Offenders voluntarily reporting their acts of violating laws.

6. Other signs of violating laws as prescribed by relevant laws.

Article 15. Stopping vessels for inspection and control

Based on the cases stipulated in Article 14 of this Circular, upon the proposal of the Inspection and Control Team, the commander of the patrol, inspection, and control force shall direct the ship captains of the Coast Guard boats to issue orders to stop vessels for inspection and control.

Article 16. Orders to stop vessels

Orders to stop vessels are expressed through maritime signals including: horn sounds, lights, flags, communication devices, and other forms as prescribed by Vietnamese and international laws.

Article 17. Tasks of the patrol, inspection, and control forces

1. The commander of the patrol, inspection, and control forces:

a) Deciding on the number of boats and ships; the number of officers and soldiers and equipment of the Inspection and Control Team to perform tasks;

b) Directing the ship captains of the Coast Guard boats and the Inspection and Control Team to carry out tasks;

c) Receiving reports from the Inspection and Control Team to grasp the situation, direct handling or report to the competent authority in a timely manner to handle situations that occur, ensuring promptness, accuracy, and compliance with the law.

2. Officers and soldiers on Coast Guard boats:

a) The ship captains of the Coast Guard boats mobilize boats to approach inspected and controlled vessels and maintain safe distances for the Inspection and Control Team to perform tasks; promptly report to the commander the results of inspections and controls and the combat readiness status of the Coast Guard boats;

b) Officers and soldiers on Coast Guard boats are ready to perform tasks, maintaining communication, closely monitoring, and promptly responding to potential situations.

3. Head of the Inspection and Control Team:

a) Directing the Inspection and Control Team to properly prepare, implement plans, and assign tasks to team members before boarding vessels for inspection and control;

b) Commanding team members to conduct inspections and controls according to assigned positions and directions after boarding vessels for inspection and control;

c) Greeting the ship captain or representative of the vessel, identifying the Inspection and Control Team as the Vietnam Coast Guard performing inspection and control tasks to ensure compliance with laws at sea;

d) Informing the ship captain or representative of the vessel about the content of the inspection and control;

đ) Requesting the ship captain or representative of the vessel and crew members to comply with the inspection and control conducted by the Coast Guard;

e) Directing team members to inspect and control according to planned contents, positions, and directions as prescribed by law;

g) After completing the inspection and control, the head must inform the ship captain or representative of the inspected vessel about the results of the inspection and control;

h) The head guides the ship captain or representative of the vessel on points to note when operating at sea, conducts legal education, records inspection and control logs, declares the end of the inspection and control, and allows the vessel to continue its journey if there are no violations;

i) The head greets the ship captain or representative of the vessel and directs the Inspection and Control Team members to leave the inspected vessel;

k) In case of discovering acts of violating laws, the head implements violation handling procedures as stipulated in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 of this Circular.

4. Members of the Inspection and Control Team:

a) Upon approaching and boarding inspected and controlled vessels, they must quickly move into formation and be present at assigned positions according to the head's instructions;

b) Promptly controlling information, navigation, and engine compartments of inspected and controlled vessels;

c) Conducting inspections and controls according to the assignments of the head;

d) Guarding and observing the situation of crew members and inspected and controlled vessels;

đ) Reporting the head on the results of inspections and controls;

e) Being ready to perform other tasks according to the head's instructions.

5. Formation movement of the Inspection and Control Team on inspected and controlled vessels:

a) Must be arranged to ensure safety, quick mobility, and smooth communication;

b) Arranging groups according to inspection and control positions and directions; each group having at least two people, team members within groups must focus on observation, guarding, and promptly supporting each other during task execution.

Article 18. Contents of inspection and supervision

1. Inspection and supervision regarding the legality of seafarers, passengers, persons and baggage on board vessels.

2. Inspection and supervision regarding the legality of vessels and equipment on board vessels.

3. Inspection and supervision regarding the legality of goods transported on vessels.

4. Inspection and supervision of other contents as prescribed by Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

Article 19. Handling violations during patrol, inspection, and supervision

1. When signs of administrative law violations are discovered, the inspection and supervision team must promptly stop the violation immediately, explain the nature of the violation, rights, and obligations according to the law to the violator.

2. The head of the inspection and supervision team shall prepare a record of violation and issue an administrative penalty decision within the scope of authority prescribed by law.

3. In cases where the administrative violation does not fall within the authority to impose penalties, the head of the inspection and supervision team shall proceed to prepare a work record, a record of violation, implement measures to prevent and collect evidence and materials within their authority, and report immediately to the patrol, inspection, and supervision force commander.

4. The patrol, inspection, and supervision force commander shall issue an administrative penalty decision within their authority or, based on the nature of the case, promptly report to the higher-level commander with authority to organize the escort of the violating vessel, apply preventive measures, and conduct verification, investigation, and conclusion of the case.

5. In cases where a criminal suspect is caught in the act, or a person being sought for arrest or search is found, the officers and soldiers of the Vietnam Coast Guard performing inspection and supervision duties shall implement measures as prescribed by the law on organizational structure of criminal investigation agencies and the criminal procedure law.

Article 20. Organization of escorting violating vessels, consolidating evidence, and files

1. The patrol, inspection, and supervision force commander has the responsibility:

a) To organize and command according to plans or orders from superiors to escort violating vessels to designated locations as decided under preventive measures and ensure the handling of violations;

b) To decide on the composition of forces, equipment, and vessels to carry out the escort mission;

c) To decide on escort methods, formations, and distances;

d) To assign forces for observation, guarding, and monitoring;

đ) To coordinate communication between the inspection and supervision team and the coast guard boats and the patrol, inspection, and supervision force commander;

e) To ensure food and drink provisions;

g) To implement measures to manage violators to prevent acts that infringe upon life, health, dignity, property, or self-harm, suicide, escape, destruction of evidence, goods, or documents during the escort process;

h) To anticipate situations and handle situations during the escort process.

2. The head of the inspection and supervision team has the responsibility:

a) To declare the reasons for the escort and inform the position and coordinates to which the vessel will be escorted;

b) To require compliance and coordinate the implementation of the escort with the captain or representative of the violating vessel;

c) To direct coordination among members of the inspection and supervision team to perform the escort mission;

d) To implement measures to ensure safety for people, goods, and the violating vessel during the escort process;

đ) To maintain communication between the inspection and supervision team and the commander.

3. Members of the inspection and supervision team have the responsibility:

a) To control maritime navigation, information, engine rooms, and other equipment of the violating vessel;

b) To determine and record on nautical charts information such as time, coordinates of discovery, temporary detention coordinates, and escort coordinates;

c) To request the captain or representative of the violating vessel to sign or stamp to confirm;

d) To request the captain to steer the violating vessel to the designated location;

đ) To guard and ensure safety for the inspection and supervision team during the escort process.

4. During the escort process, measures to verify and collect evidence and establish files in accordance with the law shall be implemented.

Article 21. Application of preventive measures against violations

1. Officers and soldiers of the Vietnam Coast Guard when applying preventive measures must ensure that they are within their authority, applied to the correct violator, and follow the prescribed procedures and formalities under the law to promptly prevent acts of law violation, ensuring the handling of such violations.

2. Units of the Vietnam Coast Guard with the authority to apply preventive measures must organize security guards to ensure safety for cases where temporary detention of evidence and means of violation is applied during the detention period.

Article 22. Verification of complex and serious cases without criminal indications

1. After drafting a record of law violation or receiving a case from another agency, the authorized person of the Vietnam Coast Guard shall promptly develop and implement a plan to verify and conclude the case.

2. Content of verification:

a) Acts of law violation;

b) Organizations and individuals committing administrative violations; fault and background of the individual violating;

c) Aggravating circumstances and mitigating circumstances;

d) Nature and extent of damage caused by administrative violations;

e) Documents, evidence, and vessels involved in administrative violations;

f) Other circumstances for consideration and decision on penalties;

g) In cases where it is necessary to determine the value of evidence of administrative violations as a basis for determining the fine range, penalty authority, and the person in charge of resolving the case must determine the value of the evidence according to the law on handling administrative violations and bear responsibility for the results of such determination;

h) Basis for determining the value and related documents for determining the value of evidence of administrative violations must be reflected in the administrative violation penalty file.

3. Verification methods:

a) Taking statements from the violator, representatives of organizations and individuals committing violations, victims, witnesses, and persons with interests and obligations related to the case;

b) If recording devices are used during the statement-taking process, the parties concerned must be notified; after recording, those present must listen and review the recordings, then seal the storage device containing the audio and video data, which must be recorded in the minutes and confirmed by relevant parties;

c) When necessary, the investigation may be expanded to cover the violation case;

d) Working with related agencies, organizations, and individuals through sending request letters or dispatching officers for direct meetings;

Officers assigned to work with related agencies, organizations, and individuals must have an introduction letter signed by the authorized person and must draft a working minutes;

The working minutes must clearly record the time, location, participants, content of the meeting, and comprehensively list the related documents provided by the agencies, organizations, and individuals (if any);

e) Requesting functional agencies to appraise files and vouchers or respond to unresolved issues related to the violators, evidence, and means of violation;

f) Collecting documents and evidence related to the violation case;

g) Other verification methods as prescribed by law.

4. The verification of circumstances of administrative violation cases must be documented in writing.

h) Other verification measures as provided for by law.

4. The verification of circumstances in administrative violation cases must be documented in writing.

Article 23. Verification and Investigation of Violations with Signs of Criminal Offenses

When discovering acts of violating laws with signs of criminal offenses, the authorized personnel of the Vietnam Coast Guard must carry out their duties, powers, principles, procedures, and investigation processes according to the regulations stipulated in the law on the organization of criminal investigation agencies and the criminal procedure law.

Article 24. Concluding Cases and Proposing Dispositions

1. The commander of the agency or unit of the Vietnam Coast Guard handling administrative violation cases shall be responsible for organizing investigations, verifications, studying files, analyzing, and concluding the nature and severity of violations. Specifically:

a) For administrative violation cases within their authority, issue decisions on administrative penalties and organize the implementation of such penalty decisions;

b) For administrative violation cases not within their authority or exceeding their penalty authority, prepare administrative violation reports, report verification results, propose handling directions, complete penalty file, and transfer it to the authorized person to impose penalties for further processing;

c) The principle of determining and dividing the authority to impose administrative penalties and applying measures to remedy consequences among penalty officials in the Vietnam Coast Guard shall be carried out according to the provisions of the law on administrative offense handling.

2. The commander of the agency or unit of the Vietnam Coast Guard handling cases with signs of criminal offenses shall be responsible for organizing investigations, verifications, studying files, analyzing, and concluding the nature and severity of criminal offenses; deciding to initiate criminal cases, indict suspects, complete investigation files, and implement other investigative measures according to the regulations stipulated in the law on the organization of criminal investigation agencies and the criminal procedure law.

3. In cases where administrative violation cases are transferred for criminal responsibility pursuit, they shall be implemented according to the relevant laws.

Article 25. Transferring Cases to Other Agencies for Continued Processing

1. The agency or unit of the Vietnam Coast Guard initially handling the case shall complete the file and transfer it to the authorized agency or unit according to the law for cases not within its processing authority.

2. The transfer of cases must be recorded in a transfer record, signed by representatives of both parties on the transfer record, and in accordance with relevant laws.

Article 26. Accepting Law Violation Cases Transferred from Other Agencies and Forces to the Vietnam Coast Guard

1. The agency or unit of the Vietnam Coast Guard accepts cases transferred from other agencies or forces when they fall within the processing authority of the Vietnam Coast Guard according to relevant laws.

2. The case file transferred from other agencies or forces to the Vietnam Coast Guard includes:

a) Decision or document transferring along with related materials, evidence, tools, vessels implementing the violation act (if any), and the transferring agency's request for administrative penalty;

b) Receiving records must be established for transferred materials, evidence, tools, and means of violation;

c) The receiving record must fully list each type of material, evidence, tool, and means in the file, signed by the giver and receiver on the receiving record.

3. After accepting the case file transferred from other agencies or forces, the agency or unit of the Vietnam Coast Guard with authority must proceed with the following necessary contents and measures:

a) If within the authority to impose penalties, sufficient materials and evidence to determine administrative violations, establish an administrative violation report, issue an administrative penalty decision, and organize the implementation of the penalty decision according to the law for administrative violation cases;

b) If insufficient factors to conclude the violation case, organize verification to clarify, conclude the violation act, issue an administrative penalty decision, and organize the implementation of the penalty decision according to the law;

c) If the authorized person to impose administrative penalties in the Vietnam Coast Guard considers the administrative violation case exceeds their authority, report to the direct commander and transfer the case file to the authorized person to impose administrative penalties in the Vietnam Coast Guard;

d) The agency or unit of the Vietnam Coast Guard with authority may decide to initiate a criminal case, complete initial files, transfer them to the Investigative Agency, or send them to the Prosecutor's Office according to the time and procedures stipulated in the criminal law and the criminal procedure law for cases with signs of criminal offenses.

Article 27. Guarding and Returning Violating Vessels

The commander of the Vietnam Coast Guard agency or unit shall be responsible for handling the case:

1. Organizing the guarding to ensure safety for persons, evidence, and violating vessels during the process of handling cases where administrative procedures have been followed for temporarily seizing evidence and means.

2. Organizing the return of evidence and means (if any) after terminating the temporary seizure of evidence and means.

3. Organizing the escort of foreign violating vessels out of Vietnam's territorial sea (if any) after terminating the temporary seizure of foreign vessels.

Article 28. Recordkeeping Work and Reporting Work

1. The recordkeeping work of the Vietnam Coast Guard for handling violations of laws shall be carried out in accordance with the provisions of the law on recordkeeping.

2. The Commander of the Vietnam Coast Guard shall provide guidance on the management of business records and reporting in handling violations by the Vietnam Coast Guard.

Chapter III
IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Circular takes effect from July 1, 2019.

2. Abolish Circular No. 80/2011/TT-BQP dated June 1, 2011, issued by the Minister of National Defense, regarding the procedure for inspection and control at sea by the Vietnam Coast Guard Force.

Article 30. Responsibility for Implementation

The Commander of the Vietnam Coast Guard, heads of agencies, units, organizations, and individuals concerned are responsible for implementing this Circular./.