Decree No. 41/2001/NĐ-CP Issuing the Regulation on Coordination in Implementing State Management over Activities of the Coast Guard Force and Cooperation in Activities among Forces in Vietnam's Marine Areas and Continental Shelf

N |||DECREE OF THE GOVERNMENT

Issuing the Regulation on coordination in implementing state management over activities of the Coast Guard Force and coordination among forces in maritime areas and the continental shelf

Coast Guard and coordination of activities among forces in the maritime zones and continental shelf

of the Socialist Republic of Vietnam

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Ordinance on the Coast Guard Force of Vietnam dated March 28, 1998;

Considering the proposal of the Minister of National Defense;

DECREE:

Article 1. Issuing the Regulation on coordination in implementing state management over activities of the Coast Guard Force and coordination among forces in maritime areas and the continental shelf of the Socialist Republic of Vietnam.

Article 2. This Decree shall take effect fifteen days from the date of signature.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities, Directors of the Coast Guard Police Bureau shall be responsible for implementing this Decree.

REGULATIONS

Coordination in implementing state management over activities of the Coast Guard Force and coordination among forces in maritime areas and the continental shelf of the Socialist Republic of Vietnam

among forces in the maritime zones and continental shelf of the Socialist Republic of Vietnam

(Issued together with Decree No. 41/2001/NĐ-CP dated July 24, 2001)

PART I

GENERAL PROVISIONS

Article 1. This Regulation stipulates coordination in implementing state management over activities of the Coast Guard Force and coordination among forces in maritime areas and the continental shelf of the Socialist Republic of Vietnam, between the Ministry of National Defense and the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Transport, the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Fisheries, the Ministry of Science, Technology and Environment, the General Department of Customs, the General Post Office Corporation, the Vietnam Oil and Gas Group, the Government Border Committee, the National Committee for Search and Rescue, the People's Committees of provinces and centrally governed cities, and related agencies and organizations.

Article 2. Ministries, ministerial-level agencies, and government agencies within their functions, tasks, and authorities shall be responsible for directing and guiding subordinate agencies and forces to coordinate with the Coast Guard Force in the activities prescribed in this Regulation.

Article 3. People's Committees of provinces and centrally governed cities within their tasks and authorities shall be responsible for coordinating, supporting, and creating conditions for the Coast Guard Force to perform its tasks.

Article 4. The coordination in implementing state management over activities of the Coast Guard Force and coordination among forces of the agencies mentioned in Article 1 of this Regulation shall be carried out in the following activities:

1. Exchanging necessary information and documents.

2. Studying, drafting, and promulgating legal normative documents related to the functions of ministries and sectors.

3. Patrolling, inspecting, controlling, detecting, preventing, and handling violations of Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party on the maritime areas and the continental shelf of the Socialist Republic of Vietnam.

4. Protecting State property, lives, and legitimate assets and means of operation at sea; protecting sovereignty, natural resources, and preventing marine environmental pollution.

5. Searching, rescuing, and mitigating incidents at sea.

6. Activities to prevent and combat law violations and piracy.

7. International cooperation activities.

8. Education, training, and capacity building for the Coast Guard Force personnel.

9. Other related activities.

Article 5. Coordination in implementing state management over activities of the Coast Guard Force and coordination among forces of the agencies specified in Article 1 of this Regulation shall be based on the functions, tasks, and authorities of each agency and force as prescribed by law; shall not hinder lawful activities at sea; and ensure unified state management according to specialized fields.

Coordination and direction of activities between the Coast Guard Force and the Border Guard Force and other forces under the Ministry of National Defense shall be regulated by the Minister of National Defense.

Article 6. Forces operating at sea under ministries and sectors during the process of coordination may directly relate to each other to promptly resolve cases and support each other in performing their functions, tasks, and authorities as prescribed by law.

Article 7. Delimitation of operational areas of forces participating in coordinated activities in maritime areas and the continental shelf of the Socialist Republic of Vietnam.

1. In maritime areas from the baseline outward to the outer limits of Vietnam’s Exclusive Economic Zone and Continental Shelf, the Coast Guard Force shall take the lead and coordinate with relevant forces to implement functions of managing security, order, safety, and ensuring compliance with Vietnamese laws and related international treaties to which the Socialist Republic of Vietnam is a party.

If violations of law are discovered during operations, the Coast Guard Force shall impose penalties within its authority; for complex cases, the Coast Guard Force shall coordinate with specialized forces to handle them according to the law.

In internal waters and ports, when requested, the Coast Guard Force shall be responsible for coordinating with local authorities and relevant forces to perform tasks.

2. In maritime areas and the continental shelf of the Socialist Republic of Vietnam, specialized forces shall operate according to their functions, tasks, and authorities as prescribed by law; if they discover violations of law while performing their tasks and such violations are outside their authority, they shall have the responsibility to report and transfer them to the Coast Guard Force or other relevant specialized forces for handling within their authority.

3. Relevant sectors may entrust the Coast Guard Force to carry out certain activities within their functions, tasks, and authorities. The content and scope of delegation shall be specifically defined by the Ministry of National Defense and relevant ministries and sectors.

Chapter II

COORDINATION IN IMPLEMENTING STATE MANAGEMENT

OVER ACTIVITIES OF THE COAST GUARD FORCE

Article 8The Ministry of National Defense shall be responsible for coordinating in implementing state management over activities of the Coast Guard Force in the following matters:

The Coast Guard shall address the following issues:

1. Organizing the activities of the Coast Guard Force in accordance with Chapter III of Decree No. 53/1998/NĐ-CP dated July 21, 1998 on the organization and activities of the Coast Guard Force of Vietnam.

2. Direct the subordinate agencies to cooperate with relevant functional agencies of ministries, sectors, provincial People's Committees under the central government to build infrastructure to meet the operational requirements of the Maritime Police Force in accordance with the provisions of the law.

3. Chair the cooperative activities as prescribed in Article 4 of this Regulation.

Article 9The Ministry of Public Security shall be responsible for directing and guiding functional agencies to cooperate with the Maritime Police Force in the following activities:

1. Provide necessary information related to the functions and tasks of the Maritime Police Force in detecting, preventing, and handling violations concerning national security, public order, and safety, and other illegal acts on Vietnam's maritime zones and continental shelf.

2. Guide and support the Maritime Police Force in professional matters related to national security and public order, and other investigative operations.

3. Educate and promote laws regarding national security and public order to organizations and individuals operating on Vietnam's maritime zones and continental shelf.

Article 10The Ministry of Foreign Affairs shall be responsible for directing and guiding functional agencies to cooperate with the Maritime Police Force in the following activities:

1. Exchange and provide necessary information and documents to the Maritime Police Force about state policies and guidelines in foreign relations with countries in the region and internationally that relate to the activities of the Maritime Police Force.

2. Guide the Maritime Police Force in handling cases involving foreign organizations and individuals who violate Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party on Vietnam's maritime zones and continental shelf.

3. Implement international cooperation in areas of national security, public order, search and rescue, environmental pollution prevention, anti-piracy, and other incidents on Vietnam's maritime zones and continental shelf.

Article 11The Ministry of Transport shall be responsible for directing and guiding functional agencies to cooperate with the Maritime Police Force in the following activities:

1. Timely notify changes in marine navigation aids systems, permissible depths for vessels entering and exiting sea channels and ports, construction or demolition of structures on the sea, and other obstructions in Vietnam's maritime zones to ensure maritime safety for vessels operating at sea.

Notify the issuance, suspension, extension, amendment, revocation, or cancellation of documents and materials; technical standards and regulations related to vessel operations at sea and permits for foreign vessels to operate in Vietnamese ports and maritime areas.

2. Guide and support the Maritime Police Force in specialized professional work to determine acts of violation and the extent of damage caused by such violations as a basis for handling them.

3. International cooperation in maritime affairs.

4. Educate and promote maritime laws to organizations and individuals operating on Vietnam's maritime zones and continental shelf.

Article 12The Ministry of Finance shall be responsible for directing and guiding functional agencies to cooperate with the Maritime Police Force in the following activities:

1. Study and develop draft legal documents on finance, taxation, invoices, and certificates related to maritime transportation and trade, and submit them to competent authorities for promulgation or promulgate them within their authority.

2. Detect, prevent, and impose administrative penalties in the field of taxation according to Decree No. 36/1999/ND-CP dated June 9, 1999, on administrative penalties in Vietnam's territorial waters, contiguous zone, exclusive economic zone, and continental shelf, and other legal provisions.

3. Coordinate in the collection, submission, management, and utilization of fines from administrative violations; handle confiscated assets and property to be incorporated into the state treasury according to Decree No. 36/1999/ND-CP dated June 9, 1999.

Article 13The Ministry of Planning and Investment shall be responsible for directing and guiding functional agencies to cooperate with the Maritime Police Force in the following activities:

1. Exchange information and materials related to foreign-invested projects aimed at building and developing the Maritime Police Force.

2. Guide the development, inspection of investment projects for building and developing the Maritime Police Force.

3. Coordinate in resolving issues arising during the implementation of domestic and foreign investment projects.

Article 14The Ministry of Fisheries shall be responsible for directing and guiding functional agencies to cooperate with the Maritime Police Force in the following activities:

1. Provide necessary information and materials on fishing vessels and management of fishing activities at sea; types of licenses, documents, and professional certificates related to fishing activities at sea.

2. Notify the names, symbols, registration numbers, distinctive features, routes, and areas of operation of foreign fishing vessels and those leased from foreign entities at least five days before they enter Vietnam's maritime zones.

3. Guide and support the Maritime Police Force in specialized professional fisheries work to identify violations in the protection of fishery resources, serving as a basis for handling and penalizing such violations.

4. Develop plans to control violations in the protection of fishery resources.

5. Implement international cooperation in the protection of fishery resources.

6. Educate and promote laws regarding the protection of fishery resources to organizations and individuals operating on Vietnam's maritime zones and continental shelf.

Article 15The Ministry of Science, Technology, and Environment shall be responsible for directing and guiding functional agencies to cooperate with the Maritime Police Force in the following activities:

1. Exchange information and provide materials as the basis for identifying acts causing marine environmental pollution and other activities related to marine environmental protection.

Notify the issuance, amendment of environmental regulations and standards of Vietnam concerning marine environmental protection or necessary permits according to the laws on marine environmental protection.

2. Inspect, control, detect, prevent, and impose administrative penalties on violations regarding marine environmental protection pursuant to Decree No. 36/1999/NĐ-CP dated June 9, 1999, and other relevant laws.

3. Remediate marine environmental pollution incidents and guide compensation for environmental damage.

4. Implement international cooperation in the field of marine environmental protection.

5. Educate and publicize laws on marine environmental protection for organizations and individuals operating in Vietnam's maritime zones and continental shelf.

Article 16. The Government Border Committee directs and guides competent agencies to coordinate with the Marine Police Force in the following activities:

1. Exchange information and necessary documents related to the operations of the Marine Police Force, protecting national sovereignty, sovereign rights, and jurisdiction over the sea.

2. Train specialized staff for marine management work.

3. Implement international cooperation in the field of marine management.

Article 17. The General Department of Customs is responsible for directing and guiding competent agencies to coordinate with the Marine Police Force in the following activities:

1. Exchange information and necessary documents regarding export, import, smuggling, trade fraud, and providing necessary customs documents when transporting goods at sea.

2. Organize training and improve the professional skills of customs officers in the Marine Police Force.

3. Educate and publicize laws on customs for organizations and individuals operating in Vietnam's maritime zones and continental shelf.

Article 18. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The National Search and Rescue Committee coordinates and guides the Marine Police Force in the following activities:

1. Exchange information and necessary documents regarding search and rescue operations and oil spill response at sea.

2. Develop plans and implement activities according to functions and tasks specified in Clauses 1, 2, 3, 8, and 9 of Article 2 of Decision No. 63/2000/QĐ-TTg dated June 7, 2000, of the Prime Minister regarding renaming and supplementing the tasks of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the National Search and Rescue Committee.

Article 19. The General Post Office and the Radio Frequency Management Committee direct competent agencies to coordinate with the Marine Police Force in the following activities:

1. Exchange information and necessary documents regarding the use of radio transmitters and frequencies in Vietnam's maritime zones and continental shelf.

2. Implement activities stipulated in Clauses 2 and 3 of Article 1 of Decision No. 242/TTg dated April 27, 1995, of the Prime Minister regarding the functions, tasks, authorities, organizational structure, and working regime of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Radio Frequency Management Committee.

Article 20. Provincial People's Committees have the responsibility to:

1. Direct specialized agencies and lower-level People's Committees to closely cooperate in professional and technical work related to search and rescue operations and remediation of incidents at sea, managing areas related to the Marine Police Force's activities; support and assist in providing quarters, anchorage, warehouses, wharves, and other conditions to facilitate the Marine Police Force in performing their duties.

2. Support and implement administrative violation handling according to the Administrative Violations Handling Ordinance, Decree No. 36/1999/NĐ-CP dated June 9, 1999, and other relevant laws.

3. Publicize and educate organizations and individuals within the locality operating at sea to comply with Vietnamese laws and related international treaties that Vietnam has signed or joined in its maritime zones and continental shelf.

Chapter III

COORDINATION OF ACTIVITIES BETWEEN FORCES

Article 21. Coordination of activities stipulated in this Chapter refers to coordination between the Marine Police Force and forces, organizations, units, enterprises under relevant ministries and sectors (hereinafter referred to as forces) operating in Vietnam's maritime zones and continental shelf.

Article 22. Coordination of activities between the Marine Police Force and forces under the Ministry of Public Security.

1. Responsibilities of the Marine Police Force:

a) Report situations of law violations by organizations, individuals in Vietnam's maritime zones and continental shelf in the fields of security and public order;

b) Pursue, apprehend violators who escape or illegally intrude through the sea and other activities as required by operational needs;

c) Hand over case files, suspects, means, and evidence of law violations within the jurisdiction of the Public Security Force for handling.

2. Responsibilities of forces under the Ministry of Public Security:

a) Provide necessary information related to the Marine Police Force's functions and tasks in detecting, preventing, and handling violations concerning security and public order safety in Vietnam's maritime zones and continental shelf;

b) Track down, arrest persons and means violating the law at sea based on reports from the Marine Police Force and accept case files, suspects, means, and evidence of law violations within their jurisdiction for handling.

Article 23. Coordination of activities between the Marine Police Force and forces under the Ministry of Transport.

1. Responsibilities of the Marine Police Force:

a) Report situations of law violations by organizations, individuals, and means operating at sea, and information related to maritime activities, search and rescue, salvage, and remediation of incidents at sea;

b) Deploy forces to support when requested to prevent and handle violations of law in the maritime sector, promptly addressing other violations occurring at sea;

c) Cooperate to inspect, supervise, detect, prevent, and impose administrative penalties for violations related to maritime activities pursuant to Decree No. 92/1999/NĐ-CP dated September 4, 1999 on administrative penalties in the field of maritime activities and other relevant legal provisions;

d) Cooperate to implement search and rescue operations, address incidents at sea, and combat piracy.

2. Responsibilities of competent forces under the Ministry of Transport:

a) Report situations of law violations by organizations and individuals and incidents occurring in the territorial seas and continental shelf of the Socialist Republic of Vietnam;

b) Cooperate to inspect, supervise, detect, prevent, and impose administrative penalties for violations in the field of maritime activities pursuant to Decree No. 36/1999/NĐ-CP dated June 9, 1999 and other relevant legal provisions;

c) Implement the mobilization of the Coast Guard Force in urgent situations to pursue violators, provide emergency assistance to victims, and respond to serious environmental incidents as stipulated in Article 12 of the Ordinance on the Vietnam Coast Guard Force;

d) Receive and take over files, subjects, vessels, and evidence of cases of law violations transferred by the Coast Guard Force within their jurisdiction.

Article 24. Cooperation activities between the Coast Guard Force and competent forces under the Ministry of Fisheries.

1. Responsibilities of the Marine Police Force:

a) Provide necessary information and materials regarding law violations by fishing vessels, both domestic and foreign, operating in the territorial seas and continental shelf of the Socialist Republic of Vietnam;

b) Deploy forces when requested to inspect, supervise, detect, prevent, and impose administrative penalties for violations related to the protection of aquatic resources pursuant to Decree No. 48/CP dated August 12, 1996 of the Government on administrative penalties in the field of protecting aquatic resources and Decree No. 49/1998/NĐ-CP dated July 13, 1998 of the Government on managing foreign fishing vessels in Vietnamese waters and other relevant legal provisions;

c) Implement search and rescue operations, address incidents at sea, and combat piracy.

2. Responsibilities of competent forces under the Ministry of Fisheries:

a) Report situations of law violations by fishing vessels in the field of protecting aquatic resources in Vietnamese waters;

b) Cooperate to inspect, supervise, detect, prevent, and impose administrative penalties for violations in the field of exploitation and protection of aquatic resources pursuant to Decree No. 36/1999/NĐ-CP dated June 9, 1999 and other relevant legal provisions;

c) Implement the mobilization of the Coast Guard Force in urgent situations to pursue violators, provide emergency assistance to victims, and respond to serious environmental incidents as stipulated in Article 12 of the Ordinance on the Vietnam Coast Guard Force;

d) Receive and take over files, subjects, vessels, and evidence of cases of law violations transferred by the Coast Guard Force according to their jurisdiction.

Article 25Cooperation activities between the Coast Guard Force and competent forces under the General Department of Customs.

1. Responsibilities of the Marine Police Force:

a) Provide information about violations in the fields of export and import; smuggling and commercial fraud by persons and vessels operating at sea;

b) Deploy forces when requested to inspect, supervise, detect, and prevent administrative violations in the field of customs at sea;

c) Cooperate to inspect, supervise, detect, prevent, and handle acts of smuggling and administrative violations in the field of customs according to legal provisions.

2. Responsibilities of competent forces under the General Department of Customs:

a) Report information related to combating violations of laws in the field of customs and other related fields;

b) Cooperate to inspect, supervise, detect, prevent, and impose administrative penalties for violations in the field of customs pursuant to Decree No. 36/1999/NĐ-CP dated June 9, 1999 and other relevant legal provisions;

c) Implement the mobilization of the Coast Guard Force in urgent situations to pursue violators, provide emergency assistance to victims, and respond to serious environmental incidents as stipulated in Article 12 of the Ordinance on the Vietnam Coast Guard Force;

d) Receive and take over files, subjects, vessels, and evidence of cases of law violations transferred by the Coast Guard Force within their jurisdiction.

Article 26Cooperation activities between the Coast Guard Force and competent forces under the Vietnam Oil and Gas Corporation.

1. Responsibilities of the Marine Police Force:

a) Report situations affecting security and safety at sea that impact oil and gas activities;

b) Deploy forces when requested to address oil and gas incidents at sea;

c) Detect, prevent, and handle violations of laws in the field of oil and gas activities at sea according to legal provisions.

2. Responsibilities of forces under the Vietnam Oil and Gas Corporation:

a) Report situations of security, safety, and environmental pollution in areas with oil and gas activities at sea;

b) Implement the mobilization of the Coast Guard Force in urgent situations to pursue violators, provide emergency assistance to victims, and respond to serious environmental incidents as stipulated in Article 12 of the Ordinance on the Vietnam Coast Guard Force.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 27. Awards

Organizations and individuals who achieve outstanding results in implementing this Regulation shall be rewarded according to the general system of the State.

Article 28. Handling Violations

Organizations and individuals who violate the provisions of this Regulation and other relevant legal provisions shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the nature and severity of the violation as stipulated by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 29Ministries, ministerial-level agencies, government-affiliated agencies, and provincial/municipal people's committees directly under the central government have the responsibility to organize and guide functional agencies and competent forces under their jurisdiction to implement issues related to the responsibilities of ministries, sectors, and localities as stipulated in this Regulation.

Article 30.The Ministry of National Defense has the responsibility to coordinate with relevant ministries and sectors to guide and monitor the implementation of this Regulation./.