Decree No. 53/1998/ND-CP On the organization and operation of the Vietnam Coast Guard Force

DECREE OF THE GOVERNMENT
VOn the organization and operation of the Vietnam Marine Police Force

THE GOVERNMENT

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

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

At the proposal of the Minister of National Defense,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. The Vietnam Marine Police Force is organized in accordance with the Ordinance on the Vietnam Marine Police Force dated March 28, 1998.

The international trade name in English is Vietnam Marine Police.

The Ministry of National Defense directly organizes, manages, and directs all activities of the Vietnam Marine Police Force.

Article 2. All activities of the Vietnam Marine Police Force must comply with the provisions of Vietnamese law; respect and adhere to relevant international treaties that the Socialist Republic of Vietnam has signed or joined.

Article 3. All organizations, individuals, and means of transport operating in the maritime zones from the baseline out to the outer limits of the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam must be subject to inspection and control by the Vietnam Marine Police Force in ensuring security, order, safety, and compliance with Vietnamese law and relevant international treaties that the Socialist Republic of Vietnam has signed or joined.

PART II
ORGANIZATION AND EQUIPMENT OF THE VIETNAM MARINE POLICE FORCE

Article 4. The organizational system of the Vietnam Marine Police Force includes:

1. The Marine Police Bureau

2. Marine Police Zones. Within the structure of each Marine Police Zone are Marine Flotillas, Marine Squadrons, and Marine Police Teams.

3. The Marine Police Training School.

The specific organization, staffing, and equipment of Marine Police agencies and units shall be prescribed by the Minister of National Defense.

Article 5. The Director of the Marine Police Bureau is appointed by the Prime Minister upon the proposal of the Minister of National Defense. The Director is assisted by several Deputy Directors appointed by the Minister of National Defense.

The Marine Police Bureau has legal personality and its own seal, with organizational, construction, and operational funding provided by the state budget, it can open accounts at the State Treasury, has its headquarters in Hai Phong, maintains a permanent office in Hanoi, and has representatives in Ho Chi Minh City.

Article 6. Marine Police Zones are organized corresponding to Naval Zones. The Commanders of Marine Police Zones are appointed by the Minister of National Defense upon the proposal of the Director of the Marine Police Bureau.

Article 7. The Vietnam Marine Police Force is equipped with necessary means, weapons, and equipment to perform its tasks.

Article 8. The flags, insignia, and uniforms of the Vietnam Marine Police Force are specified as follows:

1. Flags:

a) The command flag is an equilateral triangle, blue background, height 1.5 meters, base side 1.0 meter, with the national emblem in the center and a horizontal yellow arrow running across the back.

The command flag is hung on a flagpole 2.5 meters high planted at the stern of the ship.

b) Markings consist of two adjacent stripes, one orange and one white, the length of the stripe equal to the width of the ship (from the upper edge of the ship's rail to the waterline).

Stripe number 1, orange, is placed at the end of the ship's bow adjacent to the beginning of the hull, inclined at 300 - 400 degrees, width 0.5 meters - 1.0 meters (depending on the size of the ship), followed by stripe number 2, white, width equal to one quarter of stripe number 1.

The markings are displayed on both sides of the hull.

c) The hull is painted blue, the bridge is painted white.

On the hull:

In front, two marking stripes write the ship number in white;

At the rear, two marking stripes write the words "VIETNAM MARINE POLICE" in uppercase white letters:

CẢNH SÁT BIỂN VIỆT NAM (UPPER LINE)

VIETNAM MARINE POLICE (LOWER LINE)

2. Departmental insignia.

The departmental insignia of the Vietnam Marine Police Force is a shield-shaped badge on a dark gray background, surrounded by a red border 2mm wide, with an anchor in the middle, two ears of rice on either side, below is the word "CSB" in red, above is a five-pointed gold star.

3. Uniforms.

a) The insignia of the Vietnam Marine Police Force is circular, diameter 33mm, with a golden star enclosed within an anchor shape in dark gray placed on a bright red background, surrounded by two ears of rice, half a wheel in gold, on the half wheel is the word "CSB" in red.

The insignia is used together with a double pine branch:

General rank: Double pine branch in gold.

Colonel, Major, Non-commissioned officer, soldier ranks: Double pine branch in silver.

b) The insignia, badges, and rank insignia of the Vietnam Marine Police Force are implemented according to Decree No. 74-HĐBT dated April 26, 1982 of the Council of Ministers (now the Government) on "Regulations on insignia, rank insignia, badges, and ceremonial uniforms of the People's Army of Vietnam," Decree No. 78-HĐBT dated March 27, 1991 of the Council of Ministers (now the Government) on "Amendments and supplements to Decree No. 74-HĐBT dated April 26, 1982," and Decree No. 61-CP dated October 21, 1996 of the Government "On amendments and supplements to regulations on rank insignia, badges, and military rank of professional soldiers." For the Vietnam Marine Police Force, there are some additional modifications as follows:

Background color of the rank insignia is dark gray

Border color of the rank insignia is gold

The button of the rank insignia has the shape of an anchor and the word "CSB" in red

Background color of the badge is dark gray; the shape of the badge is similar to the button of the rank insignia.

c) The uniforms of the Vietnam Marine Police Force include winter and summer types.

The Ministry of National Defense prescribes specific annual equipment systems, styles, and methods of wearing.

Article 9. While performing their duties, vessels, ships, and other means of transport of the Vietnam Marine Police Force must fly the National Flag and the Marine Police Flag; officers and soldiers of the Marine Police must wear badges and uniforms as prescribed.

CHAPTER III
ACTIVITIES OF THE VIETNAM MARINE POLICE FORCE

Article 10. The Marine Police Bureau implements functions to manage security, order, safety, and ensure compliance with Vietnamese law and relevant international treaties that the Socialist Republic of Vietnam has signed or joined in the maritime zones and continental shelf of the Socialist Republic of Vietnam.

Article 11. The Director of the Marine Police Bureau is the head of the Vietnam Marine Police Force, leading and directing under the chief executive system while ensuring the principle of democratic centralism.

The Director of the Marine Police Bureau is responsible for directing and organizing the operation of the Vietnam Marine Police Force and coordinating with related forces to implement the tasks and powers stipulated in the Ordinance on the Vietnam Marine Police Force.

The Director of the Marine Police Bureau assigns Deputy Directors to oversee specific areas of work or specific tasks; effectively utilize assisting agencies while continuously educating and enhancing the responsibility and competence of subordinate officers and soldiers.

Article 12. The Maritime Police Zones shall perform the tasks and powers prescribed in the Ordinance on the Vietnam Maritime Police Force.

The management scope of the Maritime Police Zones is delineated as follows:

1. Zone 1 manages the maritime areas and continental shelf from the North Luoi River Mouth in Quang Ninh Province to the Duoc Cape in Ha Tinh Province.

2. Zone 3 manages the maritime areas and continental shelf from the Duoc Cape in Ha Tinh Province to Cu Lao Xanh Island in Binh Dinh Province.

3. Zone 4 manages the maritime areas and continental shelf from Cu Lao Xanh Island in Binh Dinh Province to the Northern Bank of the Ding An Gate in Soc Trang Province.

4. Zone 5 manages the maritime areas and continental shelf from the Northern Bank of the Ding An Gate in Soc Trang Province to Ha Tien City in Kien Giang Province.

Article 13. The Commander of the Maritime Police Zone directly commands and organizes the operation of the units under his jurisdiction to carry out their tasks within the operational area; closely coordinates and cooperates with the commanders of border guard units and other related forces to fulfill their missions.

The Commander of the Maritime Police Zone regularly educates and enhances the responsibility and competence of officers and soldiers under his command.

Article 14. The Commander of the Maritime Police Zone organizes and implements the duty roster for each sea area, the regular and irregular patrol plans of the Maritime Police Force under his command.

Upon discovering signs of law violations at sea or upon orders from superiors, the Commander of the Maritime Police Zone mobilizes the forces and means under his command to quickly reach the incident site to handle it according to his authority.

Article 15. Officers and soldiers of the Maritime Police directly perform the specific tasks and have the specific powers stipulated in the Ordinance on the Vietnam Maritime Police Force; coordinate with relevant forces at sea to implement work continuously to manage the situation at sea, promptly detect and identify incidents and accidents, handle them according to their authority or establish violation files, and report urgently to their direct superior commanders.

Article 16. Within internal waters, when requested, the Vietnam Maritime Police Force has the responsibility to cooperate and assist other specialized forces in performing their tasks, ensuring that activities at sea comply with legal regulations; in cases where the Vietnam Maritime Police Force independently discovers law violations, they must immediately inform the specialized forces, temporarily detain violators and their vessels, and subsequently transfer them to competent authorities for handling according to the law.

Article 17. In the maritime zone from the baseline to the outer limits of Vietnam's Exclusive Economic Zone and Continental Shelf, the Vietnam Maritime Police Force independently carries out the tasks and powers prescribed in the Ordinance on the Vietnam Maritime Police Force. When necessary, the Vietnam Maritime Police Force may coordinate with relevant specialized forces to maintain law enforcement and handle law violations; relevant sectors may delegate certain activities within their professional functions and responsibilities to the Vietnam Maritime Police Force, with the content and scope of delegation defined by the Ministry of National Defense and relevant ministries and sectors.

PART IV
REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 18. Officers and soldiers of the Maritime Police who achieve outstanding results in performing their tasks shall be rewarded according to the general state system.

Article 19. Officers and soldiers of the Maritime Police who violate the provisions of this Decree and other related laws, or lack a sense of responsibility and fail to complete their tasks, shall be subject to disciplinary action or criminal liability追究刑事责任，视其性质和程度而定，依照法律规定。

CHAPTER V
IMPLEMENTING PROVISIONS

Article 20. This Decree takes effect from September 1, 1998.

Article 21. The Minister of National Defense, the Director of the Vietnam Maritime Police Bureau, the Ministers, Heads of Ministries equivalent to Ministries, and the Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.