Decree No. 170/2016/ND-CP on the publication, receipt, processing, and transmission of maritime security information

DECREE

Regarding the publication, receipt, processing, and dissemination of maritime security information

maritime security information dissemination

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Vietnam Maritime Code dated November 25, 2005015;

Pursuant to the International Convention on Maritime Security attached to the International Convention for the Safety of Life at Sea (as amended in 2002);, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP (adopted in 2002);

At the proposal of the Minister of Transport;

The Government issues this Decree stipulating the publication, receipt, processing, and dissemination of maritime security information.No., receive, process reason This Decree stipulates the publication, receipt, processing, and dissemination of maritime security information. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to organizations and individuals related to the management, use, and exploitation of the following types of vessels, mobile platforms, and port facilities:

Article 2. Applicability

1. Vietnamese vessels operating on international routes and foreign vessels operating in Vietnamese waters and port waters (hereinafter referred to collectively as vessels), including: Passenger vessels; cargo vessels with a gross tonnage of 500 or more.

2. Mobile platforms operating on international routes.

3. Port facilities receiving the vessels specified in Clause 1 and mobile platforms specified in Clause 2 of this Article.

1. Port facilities as defined in this Decree include: Seaports, inland waterway ports receiving foreign vessels, floating docks, offshore oil and gas terminals, floating storage units, and floating warehouses receiving vessels for operation.

Article 3. Explanation of Terms

2. A maritime security incident is any suspicious action or situation that threatens the security of vessels, mobile platforms, or port facilities.

3. The level of maritime security is the degree of danger of a maritime security incident that may occur to vessels, mobile platforms, or port facilities.

LEVEL OF MARITIME SECURITY

Chapter II

Article 4. Level of maritime security

The level of maritime security is divided into three levels, namely:

1. Level 1: This is the normal level, requiring the application of minimum security measures during the normal operation of vessels, mobile platforms, or port facilities.

2. Level 2: This is a higher level, requiring the application of enhanced security measures during periods of high risk of maritime security incidents involving vessels, mobile platforms, or port facilities.

3. Level 3: This is a special level, requiring the application of special security measures during periods when a maritime security incident may or is about to occur involving vessels, mobile platforms, or port facilities.

Article 5. Maintenance and change of the level of maritime security

1. Level 1 is maintained continuously on Vietnamese vessels, mobile platforms, and at Vietnamese port facilities.

2. The levels of maritime security may be changed in sequence from Level 1 to Level 2 and Level 3, or directly from Level 1 to Level 3, depending on actual conditions and circumstances.

3. Level 3 is only applied during periods when there is reliable information indicating that a maritime security incident may or is about to occur involving vessels, mobile platforms, or port facilities.

4. Changes in the level of maritime security must be implemented according to the announcement by the competent authority and promptly notified to relevant agencies, organizations, and individuals in accordance with this Decree and other relevant laws.

Article 6. Authority responsible for announcing and changing the level of maritime security

1. The Commander of the Coast Guard Command is responsible for announcing or changing the level of maritime security in accordance with Articles 4 and 5 of this Decree.

2. The Ministry of Public Security provides necessary information to the Commander of the Coast Guard Command for the announcement or change of the level of maritime security for port facilities.

2. The Ministry of Public Security provides necessary information to the Maritime Police Command for announcing or changing the maritime security level for port facilities.

Article 7. Receiving, Processing, and Transmitting Information on Maritime Security Levels

The receiving, processing, and transmitting of information on maritime security levels shall be carried out according to the following procedures:

1. The Marine Police Command shall be responsible for notifying the Maritime Security Information Center (hereinafter referred to as the Center) about the level and changes in the maritime security level.

2. Immediately upon receipt of the information specified in Clause 1 of this Article, the Center must forward such information to the following organizations and individuals:

a) Port Maritime Services, Inland Waterway Port Services;

b) Ship owners' security officers;

c) Competent authorities of relevant countries, while also informing the Consular Department under the Ministry of Foreign Affairs (hereinafter referred to as the Consular Department).

In case the Center cannot contact the competent authority of the country whose flag the ship or mobile platform is flying, it will notify the relevant authorities of that country through the Consular Department.

3. Immediate action upon receipt of information transmitted by the Center:

a) Port Maritime Services and Inland Waterway Port Services must inform the security officers of the port facilities and ships, mobile platforms expected to arrive at or currently operating at port facilities within their jurisdiction, Border Guard Port Gateways, or Port Customs Gateways;

b) Ship owners' security officers must inform the ship security officers under their management so that they can apply the maritime security level to the ships, mobile platforms.

4. Ships, mobile platforms, and port facilities must implement security plans approved by the competent authorities.

Chapter III

RECEIVING, PROCESSING AND TRANSMITTING

MARITIME SECURITY INFORMATION

Article 8. Maritime Security Information Center

1. The Maritime Security Information Center is a public service organization directly under the Vietnam Maritime Administration, performing the function of the permanent agency of Vietnam for receiving, processing, and transmitting maritime security information as prescribed in this Decree, the International Convention for the Safety of Life at Sea (SOLAS) and the International Ship and Port Facility Security Code (ISPS Code), and other related provisions of law.

2. Main tasks of the Center include:

a) Receiving information on maritime security levels and changes in maritime security levels, as well as maritime security information from the Marine Police Command and the Ministry of Public Security to transmit to ships, mobile platforms, port facilities, and other relevant agencies in Vietnam, as well as foreign competent authorities when requested;

b) Receiving maritime security information from ships, mobile platforms, port facilities, or from foreign competent authorities, or from other organizations and individuals, and promptly reporting to the Marine Police Command, the Ministry of Public Security, and other relevant agencies in Vietnam. In cases where information is received from ships, mobile platforms flying foreign flags, it must be reported to the competent authority of that country;

c) Receiving information on maritime safety and prevention of marine environmental pollution caused by ships;

d) Implementing the exchange of information related to maritime security between Vietnam and international maritime security organizations;

e) Participating in exercises for maritime security incidents, practicing maritime security information connectivity with domestic agencies and enterprises and anti-terrorism organizations of foreign countries as prescribed;

f) Cooperating with competent authorities and related organizations to carry out other work related to maritime security information;

g) Performing other tasks as prescribed by the Ministry of Transport.

3. The Minister of Transport shall specify in detail the organizational structure and staffing of the Center.

4. The operational budget of the Center shall be guaranteed by the state budget.

Article 9. Receiving, Processing, and Transmitting Maritime Security Information

1. Immediately upon receiving maritime security alert information from ships or mobile platforms, or requests for security support from ships or mobile platforms operating in Vietnam's waters, or from offshore oil ports, or from competent authorities of the state whose flag the ship or mobile platform flies, the Center shall promptly forward such information to the Coast Guard Command.

2. The Coast Guard Command must immediately process the received information and promptly inform the Center of appropriate security measures to be applied to ships or mobile platforms operating in Vietnam's waters, or ships operating at offshore oil ports, so that the Center can transmit such information to the ship owners, port facility owners in Vietnam, and competent authorities of the state whose flag the ship or mobile platform flies if requested, while also informing the Consular Department.

In case the Center cannot contact the competent authority of the state whose flag the ship or mobile platform flies, it will notify relevant agencies of that state through the Consular Department.

3. Upon receiving information that may affect the security of port facilities other than offshore oil ports, the port facility must immediately report to the local police agency for prompt handling, and simultaneously report to the Border Guard Port Gateways or Police Port Gateways, Marine Port Control Units, and Inland Waterway Transport Port Control Units in the area, and the Center to promptly coordinate in handling.

4. The procedures for receiving, processing, and transmitting maritime security information between the ship owner's security officers and the ship owner, port facility owner, and related agencies shall be carried out according to the approved security plan by the competent authority.

Article 10. Mechanism for Coordination in Receiving, Processing, and Transmitting Maritime Security Information

1. The coordination in receiving, processing, and transmitting maritime security information between the Center, the Coast Guard Command, the Ministry of Public Security, and related agencies with port facility owners and ship owners must ensure smooth operation 24/7, timely, accurate, and in compliance with legal regulations on confidentiality, using appropriate methods (telephone, fax, email, postal service). Contact addresses shall be implemented according to the list of maritime security contact information announced by the Vietnam Maritime Administration.

2. During the implementation of receiving, processing, and transmitting maritime security information, if it involves the functions and responsibilities of another agency, both parties have the responsibility to actively exchange and unify, and cooperate in implementation.

3. The Coast Guard Command and the Ministry of Public Security shall inform the Center and related agencies (if requested) of the results of handling maritime security information.

Chapter IV

RESPONSIBILITIES OF RELATED AGENCIES AND UNITS

Article 11. Responsibilities of the Ministry of Transport

1. Directing agencies and units: Vietnam Maritime Administration, Vietnam Ship Survey Bureau, Vietnam Inland Waterway Transport Administration, the Center, Marine Port Control Units, Inland Waterway Transport Port Control Units in regions, ship owners, and port facility owners to organize the implementation of tasks stipulated in this Decree, the International Ship and Port Facility Security Code (ISPS Code), and other relevant legal provisions.

2. Directing the Vietnam Maritime Administration to take the lead, coordinating with the Coast Guard Command and related agencies and units to annually conduct drills for maritime security incidents in the waters of port facilities, and drills for connecting maritime security information between the Center and anti-terrorism organizations, domestic and foreign agencies and units.

3. Guiding the establishment and approval of security plans for ships, mobile platforms, and port facilities in accordance with the provisions of the ISPS Code.

Article 12. Responsibilities of the Ministry of National Defense

1. Direct the Coast Guard Command to take the lead and coordinate with relevant agencies and units to organize drills for maritime security incident scenarios on Vietnam's territorial seas and continental shelf.

2. Direct the Coast Guard Command and the Border Guard Command to coordinate with the Vietnam Maritime Administration and related units to organize drills for maritime security incident scenarios within port facility waters, and to organize drills for connecting maritime security information between the Center and relevant agencies and units at offshore oil ports and on vessels operating at such ports.

Article 13. Responsibilities of the Ministry of Public Security

1. Designate and guide subordinate agencies and units to coordinate with the Vietnam Maritime Administration and related units to organize training for port facility security officers and to organize drills for maritime security incident scenarios within port facility waters, excluding offshore oil ports, and on vessels and mobile platforms operating there.

2. Announce the list of local public security agencies to cooperate in implementing matters related to maritime security.

Article 14. Responsibilities of the Ministry of Finance

Allocate funds in the annual state budget estimate for ministries, sectors, and related agencies to implement this Decree in accordance with the State Budget Law.

Article 15. Responsibilities of the Ministry of Foreign Affairs

Direct the Consular Service Department and Vietnamese diplomatic missions abroad to coordinate with competent authorities of the host countries in receiving, processing, and transmitting information about the level and maritime security information related to Vietnamese vessels abroad.

Article 16. Responsibilities of Provincial People's Committees and People's Committees of centrally governed cities

Provincial People's Committees directly under the central government that are involved shall be responsible for coordinating with ministries, sectors, and related agencies in receiving, processing, and transmitting maritime security information.

Article 17. Responsibilities of the owners of Vietnamese vessels, port facility owners, and platform owners

1. The owners of Vietnamese vessels and platform owners shall be responsible for:

a) Cooperating with the Center and relevant agencies to promptly verify maritime security information and the actual status of "security alarms" issued from vessels and platforms managed and operated by their own agencies and units;

b) Ensuring that security equipment on vessels and platforms operates continuously 24 hours a day and shall be held accountable under the law if the security alarm system of vessels and platforms under their management and operation issues a "security alarm" not corresponding to the actual security situation, except when the vessel is being repaired on dry docks or floating docks.

2. The owners of Vietnamese vessels, port facility owners, and platform owners shall be responsible for:

a) Promptly providing the Center with the contact address of the enterprise and the list of port facility security officers; the list of vessel security officers; the list of platform security officers; and the list of vessels managed and operated by the vessel owner; and promptly updating the address and lists when changes occur;

b) Promptly, quickly, and accurately providing maritime security information to the Center and relevant agencies; organizing drills and practical exercises for connecting maritime security information and testing the "security alarm" equipment as prescribed;

c) Fully complying with the provisions of this Decree, the International Ship and Port Facility Security Code (ISPS Code), and other relevant legal regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Decree takes effect from July 1, 2017.

2. Repeal Decision No. 125/2004/QD-TTg dated July 9, 2004 of the Government Chairman regarding the announcement, receipt, transmission, and handling of maritime security information, and Decision No. 11/2009/QD-TTg dated January 16, 2009 of the Government Chairman amending and supplementing certain Articles of Decision No. 125/2004/QD-TTg regarding the announcement, receipt, transmission, and handling of maritime security information.

Article 19. Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and related organizations and individuals shall be responsible for implementing this Decree./.