Decree No. 71/2015/ND-CP on managing activities of persons and vessels in the maritime border area of Vietnam

DECREE

Von the management of activities of persons and means in the maritime border area

The Socialist Republic of Vietnam

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Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on National Border dated June 17, 2003;

Pursuant to the Law on the Sea of Vietnam dated June 21, 2012;

Pursuant to the Law on Residence dated June 21, 2013;

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to the Ordinance on Border Guard dated March 28, 1997;

At the proposal of the Minister of National Defense,

The Government issues this Decree on the management of activities of persons and means in the maritime border area of the Socialist Republic of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of activities of persons and means in the maritime border area; the responsibilities of agencies, organizations, and individuals in building, managing, and protecting the maritime border area of the Socialist Republic of Vietnam.

Article 2. Applicability

1. This Decree applies to agencies, organizations, and individuals of Vietnam and foreign countries engaging in or related to activities within the maritime border area of the Socialist Republic of Vietnam.

2. Persons and means of agencies, organizations, and individuals of foreign countries enjoying diplomatic and consular immunities; foreign military vessels visiting the Socialist Republic of Vietnam; persons, ships, and goods entering, exiting, transiting, importing, and exporting through sea routes shall comply with Vietnamese laws and international treaties to which Vietnam is a party.

3. State service means performing tasks within the maritime border area of the Socialist Republic of Vietnam shall be governed by separate regulations.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. The maritime border area of the Socialist Republic of Vietnam (hereinafter referred to as the maritime border area) extends from the national maritime boundary inland to the administrative boundaries of communes, wards, towns (hereinafter collectively referred to as commune level) adjacent to the sea and islands, archipelagos.

2. Means include: waterway means, land means, air means.

a) Waterway means include: Ships and other types of means with or without engines operating on the surface or under the water; amphibious aircraft;

b) Air means include: Aircraft, flying means, or technical equipment used for flight in the Earth's atmosphere.

Activities of Vietnamese and foreign persons and means in the maritime border area include entry, exit, residence, anchorage, movement, production, business, construction of works; exploration, implementation of resource exploitation projects; marine scientific research; aquaculture, purchase, harvesting, processing of aquatic products; transportation; environment; rescue and other activities related to the management and protection of the national maritime border and security and public order in the maritime border area.

4. Prohibited zones in the maritime border area are parts of the territory within the administrative boundaries of communes adjacent to the sea, islands, archipelagos, and internal waters established for management, protection, and maintenance of security and public order; prevention, suppression, and blocking of acts of intrusion, destruction, exploitation, and collection of state secrets.

5. Restricted activity zones in the maritime border area are areas within the administrative boundaries of communes adjacent to the sea, islands, archipelagos, and internal waters established to limit certain activities of persons and means due to defense and security reasons.

6. Temporary prohibited zones, restricted activity zones are areas defined within territorial waters established to protect sovereignty, defense, security, and national interests; maritime safety, protection of marine resources and ecology, prevention of pollution, remediation of environmental incidents, prevention, and control of disease spread.

Article 4. Prohibited Acts in the Maritime Border Area

1. Unauthorized construction, installation of facilities or equipment, or acts that harm the safety of border works.

2. Discharging, sinking, or burying harmful substances, industrial waste, nuclear waste, or other harmful wastes causing environmental pollution; shooting, launching, or releasing substances harmful or potentially harmful to national defense, security, economy, human health, environment, and social safety.

3. Conducting research, investigation, survey, exploration, exploitation without permission from the competent authority of Vietnam.

4. Organizing, harboring, guiding, transporting people for illegal exit, entry, transit.

5. Practicing, rehearsing with any type of weapon in any form without permission from the competent authority of Vietnam.

6. Flying into restricted airspace; shooting, launching, releasing aircraft that pose a threat to national defense, security, economy, air safety; landing on vessels or objects contrary to Vietnamese law.

7. Filming, photographing, sketching scenery, recording, transmitting radio waves in restricted activity areas or prohibited zones.

8. Exploiting, salvaging assets, items, antiques without permission from the competent authority of Vietnam.

9. Buying, selling, exchanging, storing, transporting, using illegally weapons, flammable materials, explosives, harmful substances, narcotics, prohibited goods, precious metals, foreign currency; bringing people or goods onto vessels or off vessels illegally.

10. Waterway vessels anchoring, mooring in unauthorized locations or obstructing maritime traffic, inland waterways within the maritime border area if such anchoring or mooring is regulated.

Article 5. Signs in the Maritime Border Area

In the maritime border area, signs are established according to the provisions of the law; the Minister of National Defense shall specify the sign models in the maritime border area and coordinate with the Ministry of Transport and the People's Committees of coastal provinces to determine the locations for posting signs.

Chapter II

MANAGEMENT OF ACTIVITIES OF PERSONS AND VEHICLES

IN THE MARITIME BORDER AREA

Article 6. Activities of Vietnamese Persons and Vehicles in the Maritime Border Area

1. Vietnamese citizens (except those registered as permanent residents in the maritime border area) entering the maritime border area must have one of the following documents: Identity Card, Passport, Citizen Identification Card, Officer Identification Card, Military Identification Card, Public Security Identification Card (for military personnel and public security officers); if staying overnight, they must register their accommodation with the local police station.

2. The person operating a waterway vessel in the maritime border area must hold a valid Captain’s License or Certificate issued by the competent authority; chief engineer, crew members must hold a valid professional certificate or license, Crew Member Logbook, and Crew Member Insurance Certificate as prescribed by law; if carrying weapons, they must have a Permit to Carry Weapons.

3. The person operating a waterway vessel in the maritime border area must carry the registration plate and the following documents (originals or certified copies):

a) Certificate of Registration of Vessels; Confirmation of Registration of Fishing Vessels (for fishing vessels with a total power under 20 CV);

b) Certificate of Inspection of Vessels or Certificate of Technical Safety and Environmental Protection of Vessels as prescribed;

c) List of Crew Members or number of crew members (for fishing vessels), or Crew Member Certificate; Crew Member Insurance Certificate;

d) Permit to Use Radio Frequencies and Radio Transmitter Equipment;

đ) Documents related to cargo on board the vessel;

e) Permit for Fishing Operations (for fishing vessels with a gross tonnage of 0.5 tons or more);

g) Voyage Logbook.

4. For Vietnamese fishing vessels engaged in fishing operations in the waters of other countries or territories, in addition to the documents specified in Clause 2 and Clause 3 of this Article, they must also have a Permit for Fishing Vessels to Fish in the Waters of Other Countries or Territories issued by the competent authority of Vietnam.

5. Besides the documents specified in Clauses 1, 2 and Points a, b, c, d, g of Clause 3 of this Article, persons and waterway vessels operating in the maritime border area must also carry documents related to their activities as prescribed by law.

6. Persons and vehicles operating in the maritime border area must present documents and be subject to inspection and control by the Border Guard and other competent authorities.

7. Land vehicles entering the maritime border area (excluding tourist and service areas, economic zones) for transportation, production, business, construction, mining, resource exploitation, environmental protection for ten days or more, the managing organizations, individuals, or vehicle owners, drivers must notify the local Border Guard post in writing about the number of people, vehicles, license plates, duration, scope, and content of the activities.

8. Aircraft conducting civil aviation, economic, commercial, tourism, survey, exploration, mining, resource, environmental activities in the maritime border area must comply with Vietnamese aviation laws and regulations and the Ministry of National Defense's regulations on airspace management and protection.

Article 7. Foreigners coming to, operating, working, or studying in the maritime border area

1. Foreigners residing temporarily or permanently in Vietnam when entering the maritime border area or islands, archipelagos (excluding tourist and service areas, economic zones) must have a passport or other valid travel document recognized as equivalent to a passport issued by competent Vietnamese authorities (except in cases exempted from visa requirements), relevant residence documents in Vietnam, and a permit to enter the maritime border area issued by the provincial police where they reside temporarily or permanently or by the provincial police where they are going; if staying overnight, they must register their accommodation with the local commune police through the direct manager or operator of the accommodation facility.

2. Vietnamese agencies or organizations bringing foreigners into the maritime border area must have an introduction letter from the provincial People's Committee; at the same time, they must notify in writing the provincial police and Border Guard Force at least 24 hours before entry; for foreign delegations or high-level groups entering the maritime border area, the Vietnamese agency or organization (the inviting agency or the entity conducting business with the delegation) must notify in writing the provincial police and Border Guard Force at least 12 hours before entry.

3. Foreigners working, studying, investing, or doing business in economic zones within the maritime border area or having part of their territory within the maritime border area, along with members of their families, may reside temporarily in such economic zones according to labor laws, immigration regulations, and residence rules for foreigners in Vietnam.

4. Foreigners working in economic zones within the maritime border area or having part of their territory within the maritime border area, the employer, partner from Vietnam, or representative of a foreign non-governmental organization must notify in writing within 24 hours from the start date of work the provincial Department of Labor, Invalids and Social Affairs, the district People's Committee, the local commune police, and the nearest border guard post about their name, age, nationality, passport number, start and end date of work, job content, workplace, name and address of the entity they work for.

Article 8. Foreign vessels operating in the maritime border area

1. Foreign vessels operating in the maritime border area must have the following documents (originals):

a) Certificate of vessel registration issued by the competent authority of the state or territory whose flag the vessel flies;

b) Certificate of technical safety and environmental protection for the vessel (for fishing vessels, there must be a certificate of technical safety issued by the competent authority of the state or territory whose flag the vessel flies or by the Vietnamese inspection authority);

c) List of crew members, list of passengers, or number of crew members, service staff, and passengers on board; passports of crew members, service staff, and passengers on board the vessel;

d) Permit for radio frequency and radio equipment issued by the competent Vietnamese authority; Radio safety certificate as prescribed by law;

đ) Fishing operation permit issued by the competent Vietnamese authority (for fishing vessels);

e) Documents related to goods, cargo transportation on the vessel, and other relevant documents as prescribed by Vietnamese law.

2. Foreign vessels operating in the maritime border area must fly their national flag and the Vietnamese national flag at the highest mast.

3. Foreign vessels mooring or anchoring at ports or berths must comply with Vietnamese laws and be subject to inspection and supervision by competent Vietnamese authorities.

4. Foreign vessels passing through Vietnam's territorial waters without causing harm must comply with Vietnamese laws.

5. Foreign vessels powered by nuclear energy, carrying radioactive, toxic, or dangerous substances when navigating in Vietnam's territorial waters must fulfill the following obligations:

a) Must have technical documents related to the vessel and cargo, and compulsory civil liability insurance documents;

b) Be ready to provide Vietnamese competent authorities with technical specifications of the vessel and cargo;

c) Fully implement special preventive measures as prescribed by Vietnamese law and international conventions to which Vietnam is a member, applicable to these types of vessels;

d) Comply with decisions of Vietnamese competent authorities regarding the application of special preventive measures, including prohibiting passage through Vietnam's territorial waters or being ordered to leave Vietnam's territorial waters in case of marine pollution.

6. In case of accidents, incidents, or objective reasons requiring assistance (referred to as distress), forcing the vessel to stop or anchor in territorial waters or seek refuge at coastal ports or berths, the captain or person in charge of the vessel must send out distress signals and immediately notify the Maritime Port Authority, National Rescue and Salvage Agency, Border Guard Force, nearest coastal commune People's Committee, or Fisheries General Administration (for fishing vessels) or the nearest competent Vietnamese authority. These authorities, upon receiving the notification, must organize rescue operations or immediately notify responsible authorities to organize rescue operations.

Article 9. Military exercises, search and rescue drills, maritime security drills, live-fire exercises, or the use of explosives in the marine border area

Military exercises; search and rescue drills; maritime security; live-fire exercises or the use of explosives in the marine border area shall be carried out according to plans approved by competent authorities and notified to relevant parties, while conducting such activities, they must notify in writing ten working days in advance to the People's Committee and Border Guard Corps of the provincial level where the activities take place, Naval Zone, Coast Guard Zone, Vietnam Maritime Administration, Border Guard Flotilla (if these activities occur in sea areas).

Article 10. Activities of exploration, scientific research, geological, mineral, resource surveys, fishery resources, seafood in the marine border area

1. Vietnamese individuals and means when conducting activities of exploration, scientific research, geological, mineral, resource surveys, fishery resources, seafood in the marine border area, in addition to the documents prescribed in Clauses 1, 2 and Points a, b, c, d, g Clause 3 Article 6 of this Decree, must have a permit from the competent authority in accordance with the provisions of the law, other related laws, and must notify in writing to the People's Committee and Border Guard Corps of the provincial level where the activities take place five working days in advance.

2. Foreign individuals and means conducting activities of investigation, exploration, surveying, researching, fishing for seafood, exploiting resources in the marine border area, in addition to the documents prescribed in Points a, b, c, d Clause 1 Article 8 of this Decree, must obtain permission from the competent Vietnamese authority, and at the same time must notify in writing to the People's Committee and Border Guard Corps of the provincial level where the activities take place five working days in advance before implementation; must comply with the provisions of this Decree and related laws.

Article 11. Construction of projects and works in the marine border area

1. Agencies and organizations conducting surveys, designs, construction, and implementation of projects and works related to national defense, security, or involving foreign elements in the marine border area must notify in writing three working days in advance to the People's Committee of the commune and local Border Guard Station about the list of individuals, means, time, scope, and content of the activities.

2. The construction of projects and works in the marine border area must comply with the legal regulations on construction, and must not affect the base points, border works, coastal defense works, marine environment, islands.

3. When establishing projects for building tourist areas, economic zones; transportation, fisheries, and port, dock works; exploration, exploitation of resources; projects and works related to national defense, security, or involving foreign elements in the marine border area, the local state management agency on construction must seek written opinions from the Ministry of National Defense, Ministry of Public Security, relevant ministries and sectors, People's Committees, Provincial Military Command, Provincial Border Guard Command, Provincial Public Security before submitting to the competent authority for approval.

When implementing projects and works that have been permitted, the project investors must notify in writing to the Border Guard Corps, Public Security of the provincial level, People's Committee of the district and commune where the works are located three working days in advance.

4. The local Border Guard Station has the responsibility to guide agencies and organizations in accordance with Clauses 1 and 2 of this Article to identify base points, national maritime boundary lines, the scope of the marine border area, restricted activity zones in the marine border area, and other related regulations on managing and protecting the marine border area.

Article 12. Establishment of temporary no-go zones and restricted activity areas in territorial waters; determination of no-go zones and restricted activity areas in border maritime regions

1. In cases where sovereignty, national defense, security, and national interests are threatened or to ensure maritime safety, protect marine resources, marine ecology, prevent pollution, address accidents, environmental disasters, prevent the spread of diseases, the Prime Minister shall issue a decision to establish temporary no-go zones and restricted activity areas in territorial waters.

2. For reasons of national defense, security, and national interests, the Chairman of the People's Committee of coastal provinces shall determine no-go zones in border maritime regions based on proposals from relevant functional sectors after reaching consensus with the Military Command, Border Guard Command, and Provincial Police.

3. The Minister of National Defense shall determine no-go zones for defense works and border maritime works related to national defense and security based on proposals from the Regional Military Commander or the Border Guard Commander and notify the People's Committee of coastal provinces where such no-go zones are located.

4. Restricted activity areas in border maritime regions shall be determined by the competent ministry or sector for reasons of protecting marine resources, marine ecology, preventing pollution, addressing accidents, environmental disasters, salvage, search and rescue, or military exercises after reaching consensus with the People's Committee of the province to decide; simultaneously notifying the Ministry of National Defense and relevant agencies and forces operating in the border maritime region.

5. Management and protection of temporary no-go zones and restricted activity areas in territorial waters; no-go zones and restricted activity areas in border maritime regions:

a) Management and protection of temporary no-go zones and restricted activity areas in territorial waters shall be carried out in accordance with legal provisions;

b) No-go zones in border maritime regions must have protective regulations established by the head of the agency or unit managing such no-go zones;

c) Restricted activity areas must clearly define the scope, duration, and content of restricted activities for persons and vessels;

d) Persons and vessels entering no-go zones and restricted activity areas must obtain permission from the head of the agency or unit managing such zones;

đ) Decisions on no-go zones and restricted activity areas must be notified to the People's Committee of coastal provinces, the Vietnam Maritime Administration, the General Fisheries Department, and relevant entities to implement;

6. Restricted activity areas in border maritime regions shall be marked by signs (on land) or defined by coordinates on nautical charts (at sea); the scope of no-go zones and restricted activity areas in internal waters and territorial waters shall be defined by coordinates on nautical charts.

7. The establishment of temporary no-go zones and restricted activity areas in territorial waters must be widely announced domestically and internationally in the "Maritime Notice" according to international maritime custom, at least 15 days before implementation or immediately after implementation in emergency situations.

Article 13. Management of berths, beaches, and anchorage areas for inland waterway vessels in border maritime regions

1. The People's Committee of coastal provinces shall base on their functions, tasks, and authorities to decide on the establishment and stipulate regulations for berths, beaches, and anchorage areas for inland waterway vessels in their locality.

2. Inland waterway vessels that anchor regularly or temporarily must register with the management agency of berths, beaches, and anchorage areas and strictly comply with the regulations of such areas.

Article 14. Cases of natural disasters, fires, environmental disasters

1. When natural disasters, fires, environmental disasters (hereinafter referred to collectively as accidents) occur in the maritime border area, the person who discovers them must promptly report and issue emergency signals, immediately notify the nearest Border Guard post, agency, or competent force, and immediately take measures to rescue people, means of transport, property, and minimize losses.

2. People and means of transport operating in the maritime border area, upon receiving emergency notifications or signals or discovering people or means of transport in distress, must quickly organize rescue operations and immediately inform the nearest marine functional forces currently operating or inform the nearest Marine Search and Rescue Coordination Center to organize rescue operations.

3. People and means of transport operating in the maritime border area must comply with mobilization, command, and control by local authorities and Border Guard units for participation in search and rescue activities. Mobilization and requests for participation in search and rescue activities can only be carried out in emergencies and only during the necessary time to carry out search and rescue work.

4. Individuals participating in search and rescue activities, if injured, killed, or suffering health damage or loss of life and property, shall enjoy benefits and policies according to the provisions of the law.

Article 15. Handling violations of the law in the maritime border area

1. When discovering individuals or means of transport showing signs of violating Vietnamese laws and international treaties to which Vietnam is a party, specialized patrol and control forces have the right to conduct inspections, temporarily detain violators and handle them according to Vietnamese law.

2. Organizations and individuals, upon discovering acts violating national sovereignty, national security, public order, and social safety in the maritime border area, must report such crimes to the nearest Border Guard post or village police station; in cases where organizations or individuals discover sunken or drifting assets in Vietnam's territorial waters, they must promptly report and hand over these assets to the nearest local authority or Border Guard post for handling according to the law.

Article 16. Exercise of pursuit rights

1. Patrol and control forces in the maritime border area have the right to pursue foreign inland waterway vessels violating Vietnamese law within internal waters and territorial seas of Vietnam or individuals and means of transport violating the law in the maritime border area into the mainland.

2. When patrol and control forces in the maritime border area use signals to require foreign inland waterway vessels violating or suspected of violating Vietnamese law in the maritime border area to stop for inspection but the vessel does not comply, the commander of the pursuit force has the right to use support tools and weapons as prescribed by law; in case of injury, immediate medical assistance must be organized; in case of death, cooperation with relevant agencies and local authorities must be arranged for resolution according to the law.

3. In cases of pursuing foreign inland waterway vessels violating or suspected of violating Vietnamese law, the pursuit may continue beyond the territorial sea or contiguous zone of Vietnam and must be continuous without interruption; the pursuit ends when the pursued foreign inland waterway vessel enters the territorial sea of another country or territory.

4. When exercising the right of pursuit, the commander of the pursuit force may mobilize people and means of transport of state agencies, organizations, and individuals operating in the maritime border area to participate in the pursuit (except for means of transport of foreign organizations, individuals enjoying privileges and immunities under Vietnamese law).

5. Organizations and individuals whose means of transport or assets are mobilized by authorized agencies to exercise the right of pursuit shall be reimbursed for reasonable expenses, and in case of damage, compensation shall be provided according to the law.

6. The commander of the pursuit force shall bear responsibility under the law for their decisions.

Chapter III

RESPONSIBILITIES FOR CONSTRUCTION, MANAGEMENT,

PROTECTION OF THE MARITIME BORDER AREA

Article 17. Ministry of National Defense

1. To take the lead and coordinate with relevant ministries, sectors, provincial People's Committees along the coast to implement state management over national borders; organize the implementation of policies, planning, investment plans for managing and protecting border sea areas in accordance with the law.

2. To take the lead and coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment, and other relevant ministries and sectors to develop regulations on coordination among forces responsible for building, managing, and protecting national borders, ensuring political security, maintaining social order and safety in border sea areas, and search and rescue operations in border sea areas, in accordance with the law.

3. To take the lead in managing and supervising economic and defense activities in border sea areas.

4. To take the lead in mobilizing and commanding human resources and means from ministries, sectors, enterprises, and localities to participate in safeguarding sovereignty and sovereign rights over Vietnam’s maritime zones according to the decision of competent authorities.

5. To regularly exchange and coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs to resolve complex issues arising to ensure security, social order, and safety in border sea areas, on the sea, and to protect national sovereignty and sovereign rights at sea; coordinate with relevant ministries and sectors to review and inspect various types of permits for activities of vessels operating in border sea areas related to the state management of those ministries and sectors.

6. To direct Border Guard Forces, Navy, Coast Guard to cooperate with Customs Forces, Waterway Traffic Police, Fisheries Surveillance, and other forces operating in border sea areas in patrolling, controlling, detecting, preventing, and handling violations of law in border sea areas; protecting sovereignty, sovereign rights, security, and order in Vietnam’s maritime zones; protecting fishermen in their fishing activities and lawful activities of people and vessels in border sea areas and on Vietnam’s maritime zones and islands.

7. To direct Border Guard Forces:

a) To take the lead and coordinate with military units stationed in border sea areas, People's Public Security, local authorities, and related agencies in managing and protecting national borders at sea; ensuring political security and maintaining social order and safety in border sea areas in accordance with the law;

b) To coordinate with People's Public Security, local authorities, and related agencies in managing foreigners studying, working, and engaging in production and business activities in economic zones within border sea areas or having part of administrative boundaries located within border sea areas; implementing inspections and controls on departure, entry, transit, and residence of foreigners in economic zones and port gateways in border sea areas in accordance with the law;

c) To advise coastal-level People's Committees on developing plans, programs, contents, and measures to organize mass movements participating in safeguarding sovereignty and sovereign rights; consolidating political foundations, building border sea areas strong in economy, politics, culture-society, national defense, security, and foreign relations;

d) To implement measures for management and protection; deploy and utilize forces, means, weapons, and auxiliary tools to perform functions and tasks of managing and protecting national borders at sea; ensuring political security and maintaining social order and safety in border sea areas; carry out military diplomacy and border defense diplomacy in accordance with the law;

đ) To organize fixed and mobile inspection stations to check and control persons and vessels entering, exiting, and operating in border sea areas; conduct border surveillance on vessels in border sea areas in accordance with the law;

e) To take the lead and coordinate with relevant agencies and units to unify information on the activities of vessels in border sea areas; annually, to take the lead and coordinate with public security forces to manage and statistically record the number of foreigners entering border sea areas, restricted areas, and temporary prohibited areas in border sea areas, territorial waters;

g) To coordinate with public security forces to implement state management over the entry, exit, transit, and residence of foreigners in border sea areas and economic zones; handle violations of laws regarding entry, exit, transit, and residence in border sea areas and port gateways;

h) To take the lead and coordinate with functional forces operating in border sea areas and on Vietnam’s maritime zones in protecting, monitoring, maintaining, and handling violations of regulations in restricted activity areas, prohibited areas in border sea areas, temporary prohibited areas, and restricted activity areas in internal waters and territorial seas.

Article 18. Ministry of Public Security

1. Take the lead and coordinate with relevant ministries, sectors, provincial People's Committees along the coast to develop plans for national security protection, linking internal security and public order with border maritime security and public order; coordinate with the Ministry of National Defense to guide and train Border Guard forces in combating crime, protecting political security, maintaining public order and social safety in the maritime border area.

2. Take the lead and coordinate with the Ministry of National Defense to issue regulations on cooperation to ensure security, public order, social safety, and combat crime and other violations of law in the maritime border area.

3. Direct provincial public security agencies along the coast to cooperate with the Border Guard in protecting political security, maintaining public order and social safety in the maritime border area.

Article 19. Ministry of Foreign Affairs

1. Take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees along the coast to implement international treaties to which Vietnam is a member that relate to the national maritime boundary.

2. Take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees along the coast to advise the Government on negotiations and resolution of issues arising related to the maritime border area.

3. Coordinate with the Ministry of National Defense to develop regulations on handling cases, providing information and materials, guiding foreign affairs operations; summarizing and concluding work related to the construction, management, and protection of the maritime border area.

Article 20. Ministry of Planning and Investment

1. Take the lead and coordinate with the Ministry of National Defense, the Ministry of Finance, relevant ministries, sectors, and provincial People's Committees along the coast to allocate investment funds for the construction, management, and protection of the maritime border area according to current state budget classification levels for approval by competent authorities.

2. Take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees along the coast to develop strategies and policies for economic development linked to the protection of national sovereignty, defense, security, and public order and social safety in the maritime border area.

Article 21. Ministry of Finance

1. Take the lead and coordinate with the Ministry of National Defense, relevant ministries, sectors, and provincial People's Committees along the coast to allocate regular funds for the construction, management, and protection of the maritime border area according to current state budget classification levels for approval by competent authorities.

2. Coordinate with relevant ministries, sectors, and provincial People's Committees along the coast to develop financial mechanisms and policies to create conditions for economic and social development in the maritime border area.

Article 22. Ministry of Agriculture and Rural Development

1. Direct the General Fisheries Department to coordinate with the Border Guard, Coast Guard, and other functional forces in inspecting and controlling fishing activities at sea, ensuring safety for fishermen operating in Vietnam’s marine waters; direct forest rangers to coordinate with the Border Guard and coastal local authorities in managing and protecting coastal protective forests.

2. Guide and organize the dissemination of information regarding the situation at sea related to the protection of Vietnam's sovereignty and rights over its maritime zones and the fishing activities of fishermen.

3. Coordinate with the Ministry of Justice, provincial People's Committees along the coast, the Border Guard, the Coast Guard, and the Ministry of Foreign Affairs (National Border Committee) to compile materials and organize propaganda and education for fishermen to enhance their awareness and sense of responsibility in protecting national sovereignty and rights over maritime zones.

Article 23. Ministry of Transport

1. Take the lead and coordinate with the Ministry of National Defense, relevant ministries, sectors, and provincial People's Committees along the coast to guide and inspect the implementation of measures to ensure inland waterway traffic safety, maritime safety, and the protection of national sovereignty, rights, defense, security, and public order and social safety in the maritime border area.

2. Direct maritime port inspection offices and inland waterway port inspection offices to coordinate with Border Guard Command Headquarters; Border Guard Flotillas, Maritime Police Command in inspecting and controlling the activities of inland waterway vessels in the maritime border area and ensuring maritime security and order in shipping lanes.

3. Direct the Vietnam Maritime Administration to take the lead and coordinate with the Border Guard, relevant agencies, and units to organize joint exercises for search and rescue operations at sea, maritime security exercises in port waters and on Vietnam’s marine waters according to legal provisions.

Article 24. Ministry of Natural Resources and Environment

1. To take the lead and coordinate with the Ministry of National Defense, relevant ministries and agencies, and coastal provincial People's Committees in developing programs, plans, master plans, and projects related to the exploitation, utilization of marine resources, and environmental protection in conjunction with national sovereignty protection, national defense, and security in the maritime border area.

2. To coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, and relevant ministries and agencies in formulating strategies, policies, and proposals on national defense, security, and diplomacy in conjunction with socio-economic development in the maritime border area; participate in reviewing master plans and proposals for establishing marine conservation areas in the maritime border area.

3. To coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Justice, relevant ministries and agencies, and coastal provincial People's Committees in activities of propaganda about islands and seas, inspecting and supervising research, investigation, survey, exploration, exploitation, utilization of marine resources, and environmental protection in the maritime border area.

Article 25. Relevant Ministries and Agencies

Within their respective functions, tasks, and authorities, to coordinate with the Ministry of National Defense in building, managing, and protecting the national maritime border; ensuring political security, maintaining social order and safety in the maritime border area; directing subordinate agencies, units, and forces when operating at sea to closely cooperate with Border Guard Forces and Coast Guard to provide support when necessary and to participate in protecting national sovereignty, sovereign rights, jurisdiction over the sea, ensuring political security, maintaining social order and safety in the maritime border area.

Article 26. Coastal Level People's Committees

1. To implement state management of the national border at the local level according to the assigned authority; to build a strong maritime border area politically, economically, socially, in terms of national defense, and security; to combine infrastructure construction, socio-economic development with consolidation and enhancement of national defense and security in the maritime border area.

2. To direct departments, sectors, functional forces to coordinate with Border Guard Forces and relevant agencies in performing tasks of building, managing, and protecting the national maritime border; ensuring political security, maintaining social order and safety, combating crime in the maritime border area in accordance with the law; to provide information about local waterway vessels to Border Guard Forces and functional sectors for management, registration, verification, and control when entering and exiting, operating in the maritime border area.

3. To organize the mobilization of human resources, means, functional forces, and the people to participate in preventing and combating activities that infringe upon national sovereignty over the sea, ensuring political security, maintaining social order and safety in the maritime border area.

4. To organize propaganda, dissemination, and legal education for cadres and the people on building, managing, and protecting the national border; ensuring political security, maintaining social order and safety in the maritime border area.

5. To prepare annual budgets and allocate local government funds for activities of building, managing, and protecting the national maritime border; ensuring political security, maintaining social order and safety in the maritime border area.

6. In cases where the Standing Committee of the National Assembly issues a decision to adjust the administrative boundaries of communes, the Chairman of the coastal provincial People's Committee shall compile and report to the Ministry of National Defense to request the Government to supplement or remove communes, wards, towns from the list of communes, wards, towns in the maritime border area attached as an appendix to this Decree.

Article 27. Agencies, organizations, and individuals

1. Agencies, organizations, and individuals operating in the maritime border area must strictly comply with the provisions of this Decree, relevant laws, and international treaties to which Vietnam is a party; they have the responsibility to coordinate with Border Guard forces and functional forces in protecting sovereignty and sovereign rights at sea, maintaining political security, and preserving social order and safety in the maritime border area.

2. When performing duties in the maritime border area, officers, soldiers, and staff members of functional sectors must wear uniforms, badges, and insignias according to legal regulations; their means of transportation must display the national flag and service flags as prescribed.

3. Self-defense forces of coastal provinces and centrally governed cities, protective forces of agencies and organizations within the maritime border area, and other forces shall participate in patrolling and controlling activities at sea, and in safeguarding Vietnam's sovereignty and sovereign rights when mobilized by competent authorities.

Chapter IV

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Decree takes effect from October 20, 2015, and replaces Government Decree No. 161/2003/NĐ-CP dated December 18, 2003, on the Regulations of the Maritime Border Area.

Article 29. Budget Guarantee

1. The costs for constructing, managing, and protecting the national border at sea, and maintaining political security and preserving social order and safety in the maritime border area shall be guaranteed by the central budget and local budgets in accordance with the State Budget Law and the Public Investment Law.

2. The establishment, allocation, assignment of budgets, settlement, and finalization shall be carried out in accordance with the State Budget Law, the Public Investment Law, and guiding documents.

Article 30. Responsibilities for Guidance and Implementation

1. The Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of People's Committees of coastal provinces and centrally governed cities are responsible for implementing this Decree.