Decision No. 56/2005/QD-BGTVT On the organization and operation of the Vietnam Marine Search and Rescue Coordination Center (VIETNAM MRCC)

DECISION OF THE MINISTER OF TRANSPORT

Regarding the organization and operation of the Vietnam Maritime Search and Rescue Coordination Centre

cứu nạn hàng hải Việt Nam

THE MINISTER OF TRANSPORTATION

BASED ON THE VIETNAM MARITIME CODE dated June 14, 2005;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 63/2000/QĐ-TTg dated June 7, 2000 of the Government Prime Minister on renaming and supplementing the tasks of the National Committee for Search and Rescue;

Upon the proposal of the Director of the Personnel and Organization Department and the Director of the Vietnam Maritime Administration,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates the organization and operation of the Vietnam Maritime Search and Rescue Coordination Centre.

2. This Decision applies to agencies, organizations, individuals, domestic and foreign vessels related to maritime activities in Vietnam's territorial waters.

Article 2. Position and functions of the Vietnam Maritime Search and Rescue Coordination Centre

1. The Vietnam Maritime Search and Rescue Coordination Centre (hereinafter referred to as the Centre) is a public service unit directly under the Vietnam Maritime Administration, performing the function of coordinating search and rescue operations for persons and means at sea.

2. The Centre has legal personality, uses its own seal, opens a state treasury account, has its headquarters in Hanoi, and its name in English is "VIETNAM MARITIME SEARCH AND RESCUE COORDINATION CENTRE"; abbreviated as: VIETNAM MRCC.

Article 3. Principles of operation of the Centre

The Centre is directly responsible for commanding and managing the forces and units under the Vietnam Maritime Administration to coordinate search and rescue operations at sea, while participating and coordinating with relevant forces inside and outside the industry under the direction of the National Committee for Search and Rescue.

Chapter II

TASKS, POWERS, ORGANIZATION

AND OPERATIONS OF THE CENTRE

Article 4. Tasks and powers of the Centre

1. Develop five-year and annual plans for the development of search and rescue operations at sea to be submitted to the Director of the Vietnam Maritime Administration for approval within their authority or to the competent authority for approval and report to the National Committee for Search and Rescue;

2. Coordinate search and rescue operations:

a) Develop coordination plans for search and rescue operations at sea to be submitted to the Director of the Vietnam Maritime Administration for approval and implement them after approval;

b) Directly command and manage the Centre's search and rescue forces participating in search and rescue operations for persons in danger or at risk of danger in the sea areas under Vietnam's responsibility for search and rescue;

c) Participate and coordinate with other search and rescue forces to conduct search and rescue operations at sea under the direction of the National Committee for Search and Rescue;

d) Participate and coordinate in search and rescue operations at sea with other countries and international organizations in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

đ) Have the right to mobilize and command persons, means, and equipment of organizations and individuals to participate in search and rescue operations at sea;

e) Organize 24/7 daily shifts to receive information, process, and respond promptly to emergency situations occurring in the sea areas under Vietnam's responsibility for search and rescue;

g) Organize and implement statistics and monitoring of persons, means, and equipment of related forces to serve search and rescue operations at sea;

h) Organize joint search and rescue drills for the Centre's search and rescue forces and other search and rescue forces according to approved joint search and rescue plans at sea.

3. Organize management of the dedicated search and rescue vessel team of the Centre to ensure technical requirements and always be ready for search and rescue operations when there are people in danger at sea, as well as during exercises and joint exercises.

4. Manage cadres and civil servants:

a) Develop systems, policies, and standards for positions of civil servants and seafarers engaged in coordinated search and rescue operations to be submitted to the Director of the Vietnam Maritime Administration for approval by the competent authority or within their authority;

b) Implement recruitment, management, and utilization of civil servants in accordance with regulations;

c) Organize professional training for the Centre's search and rescue forces and other search and rescue forces with needs.

5. Participate in international cooperation on search and rescue at sea in accordance with the law.

6. Organize management of assets and funds allocated and implement statistical and reporting systems in accordance with regulations.

7. Decide or submit to the competent authority to decide timely rewards for collectives and individuals with outstanding achievements in participating in and coordinating search and rescue operations.

Article 5. Principles for directing and coordinating search and rescue operations

1. Directing principles:

a) The General Director of the Search and Rescue Center shall direct the Center's activities under the head-of-department system;

b) When conducting search and rescue operations, they shall be directed according to orders issued by the General Director of the Center or by the person assigned by the General Director of the Center to directly command the search and rescue operation, who shall issue the orders.

2. Coordination principles:

a) Upon receiving distress signals from vessels, military ships, public service vessels, fishing boats, inland waterway vessels, and seaplanes in danger requiring assistance, as prescribed, the Center must direct the respective Search and Rescue Coordination Centers to promptly dispatch personnel and means to provide aid;

b) The respective maritime Search and Rescue Coordination Centers must promptly deploy search and rescue means. Personnel responsible for search and rescue means must strictly comply with orders from the General Director of the Center or from the person directly commanding the search and rescue operation;

c) In emergency situations, upon receiving prescribed distress signals, the Director of the respective maritime Search and Rescue Coordination Center may dispatch means to provide rescue without needing approval from the General Director of the Center; at the same time, they must immediately report to the General Director of the Center and bear responsibility before the General Director of the Center for their decision to dispatch means;

d) In special cases, when maritime search and rescue operations exceed the capacity of the Center, the General Director of the Center must urgently report to the Director of the Vietnam Maritime Administration Bureau and the National Committee for Search and Rescue to seek guidance and support.

Article 6. Organizational Structure of the Center

1. The offices assisting the General Director are determined by the Director of the Vietnam Maritime Administration Bureau based on the proposal of the General Director of the Center.

2. The maritime Search and Rescue Coordination Centers in each region, which are dependent accounting units of the Center, are allowed to use their own seals and open accounts at the State Treasury, including the following maritime Search and Rescue Coordination Centers:

a) The Maritime Search and Rescue Coordination Center Region I (referred to as the Maritime Rescue Center I), located in Haiphong City, responsible for the search and rescue area from the southern boundary of the sea of Ha Tinh Province to the northern boundary of the sea of Quang Ninh Province;

b) The Maritime Search and Rescue Coordination Center Region II (referred to as the Maritime Rescue Center II), located in Da Nang City, responsible for the search and rescue area from the southern boundary of the sea of Ha Tinh Province to the southern boundary of the sea of Ninh Thuan Province;

c) The Maritime Search and Rescue Coordination Center Region III (referred to as the Maritime Rescue Center III), located in Vung Tau City, responsible for the search and rescue area from the southern boundary of the sea of Ninh Thuan Province to the northern boundary of the sea of Kien Giang Province.

3. The Director of the Vietnam Maritime Administration Bureau shall specify the operational regulations of the Center and the organization and activities of the maritime Search and Rescue Coordination Centers in each region based on the proposal of the General Director of the Center.

Article 7. Staff and establishment of the Center

1. The Center is led by the General Director, who has several Deputy General Directors assisting.

The General Director is appointed and relieved from duty by the Minister of Transport upon the proposal of the Director of the Vietnam Maritime Administration. Deputy General Directors and Chief Accountants are appointed and relieved from duty by the Director of the Vietnam Maritime Administration upon the proposal of the Center's General Director.

2. The establishment of the Center belongs to the establishment of other public services assigned by the Minister of Transport upon the proposal of the Director of the Vietnam Maritime Administration.

3. Staff and officials of the Center are recruited, utilized, and managed in accordance with the regulations of the Civil Servant Ordinance.

4. When performing official duties, staff and officials of the Center must wear uniforms provided according to the regulations of the Director of the Vietnam Maritime Administration.

Article 8. Operating funds of the Center

The operating funds of the Center and regional search and rescue coordination centers are funded from the State budget and other sources as prescribed by law.

Article 9. Working relationships of the Center

1. Cooperation and coordination relationships with organizations participating in search and rescue operations, other specialized search and rescue organizations in Vietnam and neighboring countries.

2. Relationships with central and local agencies and organizations related to the performance of assigned functions, tasks, and authorities.

3. Authorized to establish relationships and implement reporting systems to the National Committee for Search and Rescue as prescribed.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Decision takes effect from January 1, 2006, and replaces Decision No. 2628/QD-TCCB-LD dated October 2, 1996, of the Minister of Transport on the establishment of the Vietnam Maritime Search and Rescue Coordination Center.

Article 11. Responsibility for Implementation

1. The Director of the Vietnam Maritime Administration is responsible for organizing the implementation of this Decision.

2. The Heads of the Office, Department Heads, Inspectorate Chief, Director of the Vietnam Maritime Administration, General Director of the Vietnam Maritime Search and Rescue Coordination Center, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.