Circular No. 80/2011/TT-BQP stipulates the Inspection and Control Procedures at Sea for the Vietnam Coast Guard Force.

CIRCULAR

Regulations on inspection and control procedures at sea of the Vietnam Coast Guard Force

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Pursuant to the Law on Legislative Documents of 2008;

Based on the Ordinance on the Vietnam Coast Guard Force in 2008;

Based on Decree No. 86/2009/NĐ-CP dated October 19, 2009 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on the Vietnam Coast Guard Force;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Considering the proposal of the Director of the Vietnam Coast Guard Corps;

The Minister of National Defense promulgates:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the inspection and control procedures of the Vietnam Coast Guard Force in the waters and continental shelf of the Socialist Republic of Vietnam.

Article 2. Applicability

Article 1. This Circular applies to the Vietnam Coast Guard Force performing inspection and control tasks in the waters and continental shelf of the Socialist Republic of Vietnam.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be applied.

Article 3. Explanation of Terms

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

1. Vessels include vessels, boats, and floating structures with or without engines operating at sea.

2. Inspection and control procedure refers to the steps carried out by the inspection and control team from the moment the vessel is ordered to stop until the end of the inspection and control activities and departure from the inspected vessel.

Article 4. Inspection and Control Forces

1. The Coast Guard inspection and control forces are organized into teams for each mission; the number of Coast Guard vessels and personnel directly participating in inspections and controls is determined by the Director of the Vietnam Coast Guard Corps.

2. The inspection and control team is a component of the Coast Guard inspection and control force.

Article 5. Principles of Inspection and Control Activities

When performing inspection and control tasks, the Vietnam Coast Guard Force must use Coast Guard vessels as prescribed in Decree No. 86/2009/NĐ-CP dated October 19, 2009 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on the Vietnam Coast Guard Force, and must comply with Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 6. Specific Requirements for Inspection and Control Activities

1. When conducting inspection and control activities, Vietnam Coast Guard vessels must fly the Command Flag; officers and soldiers performing inspection and control duties must wear uniforms as prescribed.

2. Inspections and controls must be conducted openly and in accordance with the law, creating favorable conditions for individuals, organizations, and domestic and foreign vessels engaged in lawful activities at sea.

3. Officers and soldiers performing inspection and control duties must respect individuals and organizations they interact with while at sea; they must not cause inconvenience or harassment affecting the time and journey of inspected vessels; they must not abuse their positions for corruption; they must handle violators firmly and in accordance with the law.

Article 7. Content of Inspection and Control

1. Various documents proving the legality of persons, vessels, goods, and luggage on the inspected vessel.

2. The actual situation of persons, vessels, goods, and luggage present on the inspected vessel.

Article 8. Situations Where Vessels Can Be Stopped for Inspection and Control

1. The force directly detects signs of law violations during patrols and controls.

2. There is a report from specialized agencies under the Vietnam Coast Guard Force regarding law violations committed by entities operating at sea.

3. There is a report or accusation from individuals or organizations regarding law violations committed by entities operating at sea.

4. The violator voluntarily reports their law violation.

5. Other cases as prescribed by law.

Chapter 2

COMPOSITION, TASKS, AND EQUIPMENT OF THE INSPECTION AND CONTROL TEAM

Article 9. Inspection and Control Team

1. Composition and number

a) The Inspection and Control Team consists of police officers, staff, and soldiers assigned to boarding vessels of the Coast Guard and officers tasked with working on Coast Guard vessels.

The Coast Guard serves as the Team Leader of the Inspection and Control Team.

b) The minimum number of members in the Inspection and Control Team is 03 (three) people.

2. Based on actual circumstances and the objects subject to inspection and control, the vessel commander or the highest-ranking officer on the Coast Guard vessel may supplement the composition and number of members in the Inspection and Control Team.

Article 10. Duties of the Inspection and Control Team

1. The Inspection and Control Team has the direct responsibility to detect, prevent, and handle violations of laws by individuals and organizations in Vietnam's maritime areas and continental shelf according to Vietnamese law and relevant international treaties that the Socialist Republic of Vietnam is a member of.

2. The Team Leader of the Inspection and Control Team is responsible for commanding and directing team members to carry out specific inspection and control activities.

Article 11. Equipment of the Inspection and Control Team

1. The Inspection and Control Team is equipped with weapons, support tools, and technical equipment to perform their duties; when using them, they must comply with the provisions of the law.

2. The results from using such technical equipment can be used as evidence for compiling records and considering administrative penalty decisions or criminal liability pursuit according to the law.

Chapter 3

INSPECTION AND CONTROL PROCEDURES

Article 12. Stop Signal for Vessels

1. The stop signal for vessels is conveyed through maritime signals or other forms as prescribed by Vietnamese and international laws.

2. Based on the situations where vessels can be stopped as stipulated in Article 8 of this Circular, the Commander of the Coast Guard vessel issues signals requiring vessels to stop for inspection and control.

Article 13. Handling Cases Where Vessels Do Not Obey the Stop Signal

In cases where vessels do not obey the stop signal, resist, or deliberately flee, the inspection and control forces will exercise their right to enforce compliance, pursue, or other rights as prescribed by Vietnamese law and relevant international treaties that the Socialist Republic of Vietnam is a member of.

Article 14. Actions of Officers and Soldiers on Coast Guard Vessels

1. After issuing the stop signal for inspection and control based on actual conditions, the Commander of the Coast Guard vessel quickly maneuvers the vessel or boat to approach the side of the inspected vessel to allow the Inspection and Control Team to perform their tasks.

2. After the Inspection and Control Team boards the inspected vessel, the Coast Guard vessel maintains a safe distance from the inspected vessel. The entire vessel remains in a combat-ready state, maintaining communication, organizing guards, closely monitoring, and being prepared to respond to any situation to ensure safety for the Inspection and Control Team.

Article 15. Actions of the Inspection and Control Team

1. Team Leader

When boarding a vessel suspected of violating the law for inspection and control, the Team Leader deploys the team according to assigned positions. The Team Leader performs the following actions:

a) Greeting the captain or representative of the vessel and identifying themselves as part of the Inspection and Control Team of the Vietnam Coast Guard Force;

b) Announcing the reasons and contents of the inspection and control to the captain or representative of the vessel;

c) Requesting the captain and other crew members to comply with the orders of the Inspection and Control Team;

d) Directing team members to inspect and control according to regulations;

e) After completing the inspection and control, the Team Leader must inform the captain or representative of the inspected vessel about the results of the inspection and control;

g) If no violation of the law is found, the Team Leader records the inspection and control, declares the end of the inspection, and allows the vessel to continue its journey. The Team Leader greets the captain or representative of the inspected vessel and directs the Inspection and Control Team back to the Coast Guard vessel;

h) If a violation of the law is discovered, the Team Leader informs the violator, compiles a record, and handles it according to the law.

2. Police Officer

a) Conducting inspections and controls according to the law;

b) Reporting the results of inspections and controls and proposed solutions to the Team Leader;

c) Being ready to perform other tasks as ordered by the Team Leader.

3. Other Members of the Inspection and Control Team

a) Being present at assigned positions; promptly controlling information, maritime operations, and vessel machinery according to the Team Leader's orders;

b) Guarding and observing all movements of the vessel and crew members' behavior, promptly reporting to the Team Leader;

c) Being ready to perform other tasks as ordered by the Team Leader.

Article 16. Tasks of the escort team when escorting vessels in violation

1. The escort team leader shall be responsible for:

a) Commanding the escort team to escort vessels in violation to the designated location according to the plan or superior's order.

b) Based on specific circumstances, the escort team leader decides to reinforce the inspection and control team; determines the form and formation of escort, maintaining necessary distance (except in cases of direct towing or maneuvering); assigns forces to observe and supervise security; stipulates communication coordination between the escort team and the maritime police vessel, ready to provide support and handle situations that arise; ensuring food supply and managing violators to prevent any acts of infringing upon life, health, dignity, property, or allowing violators to escape during the escort process.

2. The head of the inspection and supervision team has the responsibility:

a) Announcing the reasons for temporary detention and escort, and necessary regulations for persons and vessels being escorted to the crew; organizing maritime control, information, ship equipment, and crew members.

b) Stipulating coordination among members of the inspection and control team.

c) Maintaining communication between the inspection and control team and the maritime police vessel.

3. Members of the inspection and supervision team have the responsibility:

a) Controlling maritime information, ship equipment, and other accessories of the violating vessel; recording the time and coordinates of detection and temporary detention on the nautical chart; requesting the captain or representative of the vessel to sign or stamp their confirmation; directing the violating vessel to the designated location.

b) Operating the ship's engine or controlling the chief engineer of the violating vessel to operate the ship's engine according to the inspection and control team's regulations.

c) Completing the violation case file as prescribed; participating in controlling the crew of the violating vessel and ensuring safety for the inspection and control team during the escort process.

Article 17. Handover Procedures

When there is an order from the immediate superior commander regarding the handover of vessels, items, and means of transportation in violation to competent authorities or receiving forces for further handling, the inspection and control team shall carry out the handover procedures in accordance with the law.

Article 18. Reporting System in Inspection and Control Activities

The reporting system in inspection and control activities must ensure timeliness and compliance with legal provisions. The Director of the Maritime Police Inspectorate is tasked with detailing the reporting system in inspection and control activities.

Chapter 4

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 20. Implementation

The Director of the Maritime Police Inspectorate is responsible for guiding and implementing this Circular.

Article 21. Responsibility for Implementation

The Director of the Maritime Police Inspectorate, heads of relevant agencies and units, and the Maritime Police Force performing inspection and control duties are responsible for enforcing this Circular.