Joint Circular No. 86/2005/TTLT/BQP-BCA guiding the coordination between the Ministry of National Defense and the Ministry of Public Security in state management over the activities of the Coast Guard Force and the coordination of activities between the Coast Guard Force and relevant forces under the Ministry of Public Security on Vietnam's maritime areas and continental shelf.

CIRCULAR

Guidelines for coordinating the implementation of state management between the Ministry of National Defense and the Ministry of Public Security regarding the activities of the Coast Guard Force and cooperation in activities between the Coast Guard Force and relevant forces under the Ministry of Public Security in Vietnam's maritime areas and continental shelf

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Pursuant to Article 30 of the Regulation on coordinating the implementation of state management over the activities of the Coast Guard Force and cooperation in activities among forces in Vietnam's maritime areas and continental shelf issued together with Decree No. 41/2001/NĐ-CP dated July 24, 2001 of the Government (hereinafter referred to as the Regulation), the Ministry of National Defense and the Ministry of Public Security hereby jointly provide guidance on the following points:

I. COORDINATION IN THE IMPLEMENTATION OF STATE MANAGEMENT OVER THE ACTIVITIES OF THE COAST GUARD FORCE

1. Responsibilities of the Ministry of National Defense in coordinating with the Ministry of Public Security (guidance on Clause 3, Article 8 of the Regulation).

1.1. Exchange necessary information materials in accordance with the regulation on coordination in operations between the Ministry of Public Security and the Ministry of National Defense to implement tasks of safeguarding national security, public order, and social safety in new circumstances;

1.2. Study, develop, submit to competent authorities for issuance or issue within their authority legal documents governing the fields of security, public order, and safety in Vietnam's maritime areas and continental shelf related to the activities of the Coast Guard Force;

1.3. Direct the Coast Guard Force to coordinate with relevant forces under the Ministry of Public Security in the following activities:

1.3.1. Patrol, inspect, control, detect, prevent, and handle violations of Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party in Vietnam's maritime areas and continental shelf concerning the fields of security, public order, and safety;

1.3.2. Protect sovereignty, sovereign rights, protect resources, prevent environmental pollution, protect State assets, lives, and property of individuals and legitimate operating means on Vietnam's maritime areas and continental shelf;

1.3.3. Propagate and educate about laws in the fields of security, public order, and safety to organizations and individuals operating in Vietnam's maritime areas and continental shelf;

1.3.4. Combat piracy; human trafficking; illegal transportation and sale of narcotics and stimulants; smuggling, commercial fraud; illegal exit and entry; revolutionary activities aimed at overthrowing the people's government, and other violations of law related to the fields of security, public order, and safety in Vietnam's maritime areas and continental shelf.

2. Responsibilities of the Ministry of Public Security in coordinating with the Ministry of National Defense (guidance on Article 9 of the Regulation)

2.1. Clause 1 is guided as follows:

2.1.1. Based on the request of the Coast Guard Force, relevant units under the People's Public Security Force shall notify the Coast Guard Force of legal documents issued by the Ministry of Public Security in the fields of security, public order, and information about law violators and other information related to the functions and tasks of the Coast Guard Force to detect, prevent, and handle violations of law in Vietnam's maritime areas and continental shelf.

2.1.2. Exchange experiences in combating smuggling, commercial fraud, illegal transportation of goods, currency, narcotics, stimulants, and other violations of law in the fields of security and public order in Vietnam's maritime areas and continental shelf.

2.2. Clause 2 is guided as follows: Direct relevant agencies to coordinate with the Coast Guard Force in the following tasks:

2.2.1. Assist in training and improving the expertise and professional skills of Coast Guard Force officers and soldiers;

2.2.2. Upon request from the Ministry of National Defense, the Ministry of Public Security will consider organizing guidance and support for the Coast Guard Force to conduct certain specialized and professional tasks such as intelligence gathering, investigation, building bases, and other professional activities serving the investigative function and mission of the Coast Guard Force;

2.2.3. Assist the Coast Guard Force in conducting verification work, providing evidence, or supporting professional guidance and law to determine violations in the fields of entry and exit, transit, and other violations of law in Vietnam's maritime areas and continental shelf.

2.3. Clause 3 is guided as follows:

Relevant units under the People's Public Security Force have the responsibility to cooperate with the Coast Guard Force in propagating and educating about laws and disseminating other necessary information related to the fields of security and public order to organizations and individuals operating in Vietnam's maritime areas and continental shelf.

II. COOPERATION IN ACTIVITIES BETWEEN THE COAST GUARD FORCE AND RELEVANT FORCES UNDER THE MINISTRY OF PUBLIC SECURITY

1. Responsibilities of the Coast Guard Force in cooperative relations (guidance on Clause 1, Article 22).

1.1. Notify the People's Public Security Force of situations involving violations of law in the fields of security and public order in Vietnam's maritime areas and continental shelf;

1.2. Deploy forces and equipment promptly when requested by the People's Public Security Force to pursue and apprehend law violators who have fled or illegally entered by sea;

1.3. Hand over violators, files, means, and evidence of violations within the jurisdiction of the People's Public Security Force for handling;

1.4. Accept violators, files, means, and evidence of violations seized by the People's Public Security Force within the jurisdiction of the Coast Guard Force for handling;

1.5. The Coast Guard Police Bureau directs the Coast Guard Zones to establish coordination regulations and specific agreements with provincial and centrally-administered city public security forces bordering the sea to maintain laws in the fields of security, public order, and safety in Vietnam's maritime areas and continental shelf.

2. Responsibilities of relevant forces under the Ministry of Public Security in cooperative relations (guidance on Clause 2, Article 22).

2.1. Notify the Coast Guard Force with necessary information related to the functions and tasks of the Coast Guard Force in detecting, preventing, and handling violations concerning national security, public order, safety, and other illegal acts on Vietnam's maritime areas. The exchange of necessary information and materials shall be carried out according to the regulations on coordinated operations between the Ministry of Public Security and the Ministry of National Defense for performing the mission of safeguarding national security, public order, and social safety in new circumstances;

2.2. Deploy forces and means promptly upon notification and request for coordination from the Coast Guard Force to pursue, apprehend individuals and vessels violating the law that have fled onto land while being pursued on maritime areas;

2.3. Hand over to the Coast Guard Force those individuals, files, means, and evidence of violations of the law by organizations and individuals within the jurisdiction of the Coast Guard Force;

2.4. Accept individuals, files, means, and evidence of violations of the law transferred by the Coast Guard Force within the jurisdiction of the People's Public Security Forces;

2.5. Provincial and centrally-administered city police forces coordinate and cooperate specifically with the Coast Guard Zones in their respective areas to ensure the enforcement of laws concerning national security, public order, and safety on Vietnam's maritime areas and continental shelf;

3. Responsibilities for cooperation in combating drug-related crimes;

The Coast Guard Force and relevant forces under the Ministry of Public Security shall implement the provisions set forth in Decision No. 133/2002/QĐ-TTg dated October 9, 2002, issued by the Prime Minister regarding the regulations on coordinated operations among the Police Force, Border Guard Force, Coast Guard Force, and Customs in combating drug-related crimes at border areas, checkpoints, and on the sea; The Prime Minister issued the Regulations on Coordination Among the Police Force, Border Guard Force, Coast Guard Force, and Customs in Combating Drug-Related Crimes at Border Areas, Checkpoints, and on the Sea on October 9, 2002;

III. IMPLEMENTATION

1. Entrust the Coast Guard Bureau and the bureaus under the Ministry of Public Security to take the lead in coordinating with competent agencies of the Ministry of National Defense and the Ministry of Public Security to implement this Circular and have the responsibility to direct and guide subordinate units to coordinate and cooperate specifically to maintain laws concerning national security, public order, and safety on Vietnam's maritime areas and continental shelf;

2. The content of information exchange; the mechanism of information exchange; the form of information exchange; coordination in patrol, inspection, and supervision activities; and coordination in handling cases are reflected in the agreements between the Coast Guard Bureau and the bureaus under the Ministry of Public Security; between the Coast Guard Zones and provincial and centrally-administered city police forces, coastal districts, and island district police forces;

This Circular shall take effect fifteen days after its publication in the Official Gazette.

Any difficulties encountered during implementation should be reported promptly to the Ministry of National Defense and the Ministry of Public Security for consideration and resolution./.