Joint Circular No. 156/2002/TTLT-BQP-BGTVT guiding the coordination between the Ministry of National Defense and the Ministry of Transport in state management of the activities of the Coast Guard Force and the coordination of activities between the Coast Guard Force and related forces under the Ministry of Transport on Vietnam's maritime areas and continental shelf.

JOINT CIRCULAR

Guidelines for the coordination in implementing state management between theMinistry of National Defense and the Ministry of Transport regarding theactivities of the Maritime Police Force and the coordination of activitiesbetween the Maritime Police Force and related forces under the Ministry ofTransport on the maritime areas and continental shelf of the Socialist Republicof Vietnam. Ministry of Transport shall uniformly guide certain articles and clauses relatedto the two Ministries. I. COORDINATION IN IMPLEMENTING STATE MANAGEMENT OVER THE ACTIVITIES OF THEMARITIME POLICE FORCE 1. Guidelines for Clause 3, Article 7 of the Regulation on entrusting.

The Ministry of Transport entrusts the Maritime Police Force with the authorityto apply measures to prevent and handle administrative violations concerningviolations of laws in the maritime sector and search and rescue operations withinland waters when the Maritime Police Force proactively detects such violationsduring patrols, inspections, and supervision. Ministry of Transport shall uniformly guide certain articles and clauses relatedto the two Ministries. 2. Guidelines for Clause 3, Article 8 of the Regulation on the responsibility ofthe Ministry of National Defense in coordinating with the Ministry of Transport: as follows:

Annually, provide written notifications to the Vietnam Maritime Administrationabout the activities of the Maritime Police Force related to maritime safety inVietnamese maritime areas.

2.2. Seek opinions from the Ministry of Transport before issuing or submittingfor approval by competent authorities legal regulations concerning the activitiesof the Maritime Police Force related to maritime safety.

2.3. Direct the Maritime Police Force to coordinate with maritime safetyinspection forces, port inspection agencies in patrolling, inspecting,controlling, preventing, and handling violations of Vietnamese laws andinternational treaties that Vietnam has signed or joined, related to maritimesafety at ports and maritime zones, upon request.

2.4. Direct the Maritime Police Force to coordinate with relevant forces underthe Ministry of Transport to protect state assets, lives, and property ofindividuals and vessels operating legally at sea; safeguard sovereignty,sovereign rights, judicial jurisdiction, natural resources, prevent pollution ofthe marine environment; conduct search and rescue operations, mitigate marineincidents, and combat piracy. 2.5. Coordinate in international cooperation activities in the maritime sectorrelated to maritime security, order, and safety, and search and rescueoperations. 2.6. Coordinate in education and training programs to enhance specialized knowledgeto maritime officers and soldiers of the Maritime Police Force.

2.1.2.7. Coordinate in educating and disseminating laws related to the maritime sectorfor organizations and individuals operating in Vietnamese maritime areas andcontinental shelf.

3. Guidelines for Article 11 of the Regulation on the responsibility of theMinistry of Transport in coordinating with the Ministry of National Defense:3.1. Seek opinions from the Ministry of National Defense before issuing orsubmitting for approval by competent authorities legal regulations concerningthe maritime sector related to maritime security and order.

3.2. Assign tasks to the Vietnam Maritime Administration and the VietnamMaritime Registry to implement the provisions of Article 11 of the Regulation forthe Maritime Police Force:

3.2.1. For Paragraph 1: a) The Vietnam Maritime Administration shall promptly notify or instruct theVietnam Marine Safety Agency to notify changes in the maritime signal system(signals to the sea, lighthouses, beacons, buoys, and other maritime signals);port channels; obstacles on maritime routes; depths of channels and ports;construction of new ports and facilities in Vietnamese maritime areas.b) The Vietnam Maritime Administration and the Vietnam Maritime Registry shallpromptly notify the application of sample documents and materials; standards,procedures, technical norms related to maritime vessel operations.

c) The Vietnam Maritime Administration and the Vietnam Maritime Registry shallprovide various types of maritime documents and certificates including:

Seaman's

passport;

Specializedseaman's certificate; Shipregistration certificate;Seaman'srecord book;

Variouskinds of technical ship certificates;Otherrelevant documents and certificates.

d) The Vietnam Maritime Administration shall direct Port Inspection Agencies andthe Maritime Information Technology Company to provide information about foreignvessels permitted to enter Vietnamese ports and maritime zones to the MaritimePolice Force through the Port Inspection Agency's electronic information system.

đ) The Vietnam Maritime Administration shall direct the Maritime InformationTechnology Company to provide information obtained about foreign vesselsoperating in Vietnamese maritime areas and continental shelf.

3.2.2. For Paragraph 2. Upon request, the Vietnam Maritime Administration shall guide and support theMaritime Police Force in specialized maritime professional work to determineviolations and damage levels such as: violation investigation procedures in theuse and control of vessels; maritime transport business operations and servicesand other specialized aspects of the maritime sector as a basis for handlingaccording to the law.

3.2.3. For Paragraph 3:

Invite the Maritime Police Force to participate in legislative meetings,workshops, negotiations, or joining international treaties in the maritimesector related to maritime security and order.

3.2.4. For Paragraph 4: Coordinate with the Maritime Police Force to educate and disseminate legalregulations related to the Maritime Police Force to organizations and individualsin the transportation sector operating in Vietnamese maritime areas.

II. COORDINATION OF ACTIVITIES BETWEEN THE MARITIME POLICE FORCE AND RELATEDFORCES UNDER THE MINISTRY OF TRANSPORT

1. Guidelines for Clause 1, Article 23 of the Regulation on the responsibilityof the Maritime Police Force in coordinating activities with related forcesunder the Ministry of Transport.

Seaman's book;

Various certificates regarding technical matters of vessels;

Other related documents and certificates.

d) The Vietnam Maritime Administration directs the Port Office and the Marine Information Technology Company to provide information about foreign vessels permitted to enter Vietnamese ports and maritime zones through the Port Office's electronic information system for the Coast Guard Force.

đ) The Vietnam Maritime Administration directs the Marine Information Technology Company to provide all information obtained about foreign vessels operating in Vietnamese waters and continental shelf.

3.2.2. Regarding Clause 2.

Upon request, the Vietnam Maritime Administration guides and supports the Coast Guard Force in specialized maritime professional work to identify violations, extent of damage such as: inspection procedures for violations in the use and control of vessels; marine transportation business activities, maritime services, and other specialized aspects in the maritime field as a basis for handling according to the law.

3.2.3. Regarding Clause 3:

Invite the Coast Guard Force to participate in legislative conferences, seminars, negotiations, or joining international treaties related to maritime security and order at sea.

3.2.4. Regarding Clause 4:

Cooperate with the Coast Guard Force to educate and disseminate legal regulations relevant to the Coast Guard Force to organizations and individuals under the Ministry of Transport operating in Vietnamese waters.

II. COOPERATION IN ACTIVITIES BETWEEN THE COAST GUARD FORCE AND RELATED FORCES UNDER THE MINISTRY OF TRANSPORT

1. Guide Clause 1 of Article 23 of the Regulation on the responsibility of the Coast Guard Force in coordinating activities with related forces under the Ministry. 2.6. Coordinate in education and training programs to enhance specialized knowledgeto maritime officers and soldiers of the Maritime Police Force.

1.1. Quarterly, the Vietnam Coast Guard shall notify the Vietnam Maritime Administration of violations of laws by entities operating at sea, such as violations related to marine transportation business activities, maritime services, safety of human life and vessels, maritime traffic safety, and other violations of laws related to the maritime sector occurring in Vietnam's maritime zones. In cases of serious maritime safety incidents, timely information shall be provided to the Ministry of Transport for coordinated resolution.2. To coordinate with the Ministry of Transport in resolving such matters.

1.2. Promptly deploy forces and equipment to support when requested by relevant forces under the Ministry of Transport4. To prevent and handle violations of laws in the maritime sector.

1.3. When requested, cooperate with the Maritime Safety Inspectorate and Port Authorities to conduct inspections, controls, preventions, and administrative penalties for maritime activities according to Decree No. 92/1999/ND-CP dated September 4, 1999 of the Government on administrative penalties in the maritime sector and other relevant legal provisions.

1.4. Cooperate with forces under the Vietnam Maritime Administration to implement search and rescue operations, rectify maritime incidents, and combat piracy.

1.5. Transfer case files, equipment, evidence, and violators whose cases fall within the jurisdiction of relevant forces under the Ministry of Transport 8. For handling by those forces.

1.6. Accept violators, case files, equipment, and evidence transferred by forces under the Ministry of Transport10. For handling by the Vietnam Coast Guard.

1.7. The Vietnam Coast Guard shall direct Coastal Guard Zones to specifically cooperate with the Maritime Safety Inspectorate in the respective regions and Port Authorities under the Vietnam Maritime Administration to fulfill state management tasks in the maritime sector.

2. Guidelines for Clause 2, Article 23 of the Regulation regarding the responsibilities of relevant forces under the Ministry 13. Of Transport in coordinating activities with the Vietnam Coast Guard:

2.1. Quarterly, the Vietnam Maritime Administration shall notify the Vietnam Coast Guard of violations of laws by organizations and individuals, such as violations concerning maritime activities of vessels and equipment within port areas and maritime zones; marine transportation business activities, maritime services, search and rescue operations, salvaging sunken assets at sea; ensuring maritime safety, and other violations of laws related to security, public order, and search and rescue operations occurring in ports and maritime zones.

2.2. Upon request, the Vietnam Maritime Administration, the Maritime Safety Inspectorate, and Port Authorities shall cooperate with the Vietnam Coast Guard to conduct inspections, controls, preventions, and administrative penalties in the maritime sector according to Decree No. 36/1999/ND-CP dated June 9, 1999 on administrative penalties in the territorial waters, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam and other relevant legal provisions.

2.3. Upon request, the Vietnam Ship Survey Bureau shall cooperate with the Vietnam Coast Guard to inspect and assess the technical safety of vessels.

2.4. Vessels of relevant forces under the Ministry 19. Of Transport shall be responsible for mobilizing by the Vietnam Coast Guard in urgent situations to pursue violators, rescue victims, and respond to severe environmental incidents occurring in Vietnam's maritime zones. 20.

2.5. Transfer violators, case files, equipment, and evidence of violations by organizations and individuals caught by forces under the Ministry 22. Of Transport for handling by the Vietnam Coast Guard.

2.6. Accept case files, violators, equipment, and evidence of violations in the maritime sector transferred by the Vietnam Coast Guard for handling by forces under the Ministry of Transport.

2.7. The Vietnam Maritime Administration shall direct representative agencies and subordinate agencies to specifically cooperate with Coastal Guard Zones to fulfill state management tasks in the maritime sector.

III. IMPLEMENTATION

1.Entrust the Vietnam Coast Guard, the Vietnam Maritime Administration, and the Vietnam Ship Survey Bureau to oversee coordination with functional agencies of the Ministry 26. Of National Defense and the Ministry of Transport to organize the implementation of this Circular. 27.

2This Circular shall take effect fifteen days from the date of signature. During the implementation process, any difficulties or obstacles shall be promptly reported to the Ministry 29. Of National Defense and the Ministry of Transport for timely review and resolution./.