Decree No. 86/2009/ND-CP detailing and guiding the implementation of certain provisions of the Ordinance on the Vietnam Coast Guard Force.

DECREE

Regulations detailing and guiding the implementation of certain provisions of

Ordinance on the Vietnam Coast Guard Force

THE GOVERNMENT

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

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

Upon the proposal of the Minister of National Defense,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed regulations and guidance for implementing certain provisions of the Ordinance on the Vietnam Coast Guard Force regarding organization, operation, certain types of equipment, and preferential policies for the Vietnam Coast Guard Force.

Article 2. Applicability

This Decree applies to the Vietnam Coast Guard Force, Vietnamese organizations and individuals, and foreign organizations and individuals. 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. Organization and operation of the Vietnam Coast Guard Force

1. The Vietnam Coast Guard Force is organized in accordance with the Ordinance on the Vietnam Coast Guard Force, this Decree, and other relevant legal documents.

The Vietnam Coast Guard Force has the international trade name in English as Vietnam Marine Police.

Chapter II
ORGANIZATION OF THE VIETNAM COAST GUARD FORCE

Article 5. System of organization of the Vietnam Coast Guard Force

1. Office of the Coast Guard.

a) Coast Guard Zone. Within the structure of the Coast Guard Zone, there are coast guard flotillas, coast guard squadrons, reconnaissance groups, and coast guard service teams;

b) Coast Guard Flotilla;

c) Reconnaissance Group;

d) Special Task Force for Drug Crime Prevention and Suppression;

đ) Coast Guard Information Center;

e) Coast Guard Training Center.

3. The Minister of National Defense stipulates the staffing, equipment, and specific tasks of coast guard agencies and units.

The Office of the Coast Guard has legal personality and a seal, organizational and construction funds provided by the state budget, and can open accounts at the State Treasury, with headquarters in Hanoi and representative offices in Ho Chi Minh City.

Article 7. Coast Guard Zone

1. Maritime Police Zone 1 manages the sea areas and continental shelf from the mouth of the Bac Luan River in Quang Ninh Province to Con Co Island in Quang Tri Province, with its headquarters located in Hai Phong City.

2. Maritime Police Zone 2 manages the sea areas and continental shelf from Con Co Island in Quang Tri Province to Cu Lao Xanh Island in Binh Dinh Province, with its headquarters located in Quang Nam Province.

3. Coast Guard Zone 3 manages the sea areas and continental shelf from Cu Lao Xanh in Binh Dinh Province to the northern part of the Dong Anh Gate in Tra Vinh Province, with headquarters in Ba Ria - Vung Tau Province.

4. Maritime Police Zone 4 manages the sea areas and continental shelf from the northern bank of the Ding An Gate in Tra Vinh Province to Ha Tien in Kien Giang Province, with its headquarters located in Ca Mau Province.

Article 8. Coast Guard Officer, Investigator

1. Maritime Police Officers and Investigators are legal titles within the Maritime Police force for performing tasks related to handling administrative violations and combating crime.

2. The Minister of National Defense shall stipulate the criteria and procedures for appointing and relieving officers of these legal titles within the Vietnam Maritime Police force.

Chapter III
FLAGS, BADGES, UNIFORMS OF THE VIETNAM COAST GUARD FORCE

Article 9. Signal flags

1. Command Flag

The command flag of the Vietnam Coast Guard Force is an equilateral triangle, blue background, height 1.5 meters, base width 1.0 meter, with the national emblem in the center and a horizontal yellow arrow running along the back.

The command flag is hung on a flagpole 2.5 meters high mounted at the stern of the ship (except for rescue ships, which are mounted on the upper deck aft).

2. Markings

The markings consist of two adjacent stripes of orange and white, the length of each stripe equal to the height of the ship's hull.

Stripe number 1, orange, is placed at the end of the ship's bow adjacent to the beginning of the ship's hull, inclined at 30 degrees, width 0.5 m - 1.0 m (depending on the size of the ship), followed by stripe number 2, white, width equal to one-fourth of stripe number 1.⁰ - 40⁰The markings are displayed on both sides of the ship's hull.

3. Color of Vietnam Coast Guard Ships

On the hull:

b) Search and rescue ships are painted orange, with the bridge painted white, and the upper edge of the bridge painted orange.

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

At the rear, two marking stripes with "VIETNAM MARINE POLICE" in uppercase white letters below.

At the aircraft nose, there are two marking stripes of orange and white painted on the blue background of the aircraft body underneath. Stripe number 1 is painted orange from the bottom edge of the cockpit down to the lower belly edge of the aircraft body, inclined at 15 degrees, width 0.5 m - 1.0 m (depending on the size of the aircraft). In the middle, the department badge is painted. Then stripe number 2 is painted white, parallel and equal to one-fourth the width of stripe number 1.

VIETNAM COAST GUARD (UPPER LINE)

Main wing: the top and bottom of the wing are painted white.

The colors of the Vietnam Coast Guard ships are as follows:

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

At the rear, two marking stripes with "VIETNAM MARINE POLICE" in uppercase white letters below.

At the aircraft nose, there are two marking stripes of orange and white painted on the blue background of the aircraft body underneath. Stripe number 1 is painted orange from the bottom edge of the cockpit down to the lower belly edge of the aircraft body, inclined at 15 degrees, width 0.5 m - 1.0 m (depending on the size of the aircraft). In the middle, the department badge is painted. Then stripe number 2 is painted white, parallel and equal to one-fourth the width of stripe number 1.

VIETNAM COAST GUARD (UPPER LINE)

Main wing: the top and bottom of the wing are painted white.

The lower part of the aircraft body is painted blue (from below the protruding window sill down to the belly of the aircraft until just below the cockpit window).

The upper part of the aircraft body is painted white (from below the protruding window sill up to the back of the aircraft until just above the cockpit window and the wings).

b) Aircraft Nose

The nose of the aircraft has two marking stripes painted on the lower part of the aircraft body, on a blue background. Stripe number 1 is painted orange-yellow from the bottom of the cockpit window down to the lower edge of the aircraft body, inclined at 15 to 20 degrees, with a width of 0.5m to 1.0m (depending on the size of the aircraft). In the middle, the industry badge is painted. Following this, stripe number 2 is painted white, parallel and equal to one quarter the width of stripe number 1.

Horizontal tail wing: the top and bottom of the wing are painted white.⁰ to 20⁰Vertical tail wing: above the two sides of the vertical tail wing, the national flag of Vietnam is painted, below the department badge is painted, the remaining parts on both sides of the vertical tail wing are painted white.

The portion before the two marking lines shall be painted with white aircraft serial numbers;

The portion after the two marking lines shall be painted with white uppercase letters on the blue-green body of the aircraft:

VIETNAM COAST GUARD (UPPER LINE)

Main wing: the top and bottom of the wing are painted white.

The nose of the aircraft shall be painted blue-green.

c) Wings of the aircraft

Department Badge

The department badge of the Vietnam Coast Guard Force is a shield-shaped badge on a dark purple background, with two crossed swords behind it, dimensions 105 x 80 mm, with a red border 2 mm wide around it, a white anchor in the center, two golden ears of rice on the sides, the word "CSB" in red below, and a five-pointed gold star above.

Uniforms of the Vietnam Coast Guard Force

d) Aircraft engine and propeller

The outer casing of the two engines shall be painted white.

Article 10. The district insignia, rank insignia, badges, military uniforms, and ceremonial uniforms of the Vietnam Coast Guard Force are regulated uniformly by the Prime Minister for the Vietnam People's Army.

Regulations on the use of the National Flag, Command Flag, Badges, and Uniforms

ACTIVITIES OF THE VIETNAM COAST GUARD FORCE

Article 12. Scope of activities of the Vietnam Coast Guard Force

Law enforcement activities at sea

Chapter IV
1. The Vietnam Coast Guard Force conducts inspection, supervision, detection, prevention, and handling of violations and crimes in the territorial waters and continental shelf of Vietnam in accordance with Vietnamese law and related international treaties to which the Socialist Republic of Vietnam is a party.

Article 13. 2. Individuals, organizations, and means of transport operating in the territorial waters and continental shelf of the Socialist Republic of Vietnam must comply with inspections and supervision by the Vietnam Coast Guard Force to ensure security, order, safety, and compliance with Vietnamese law and related international treaties to which the Socialist Republic of Vietnam is a party.

The Vietnam Coast Guard operates in the maritime areas and continental shelf of the Socialist Republic of Vietnam.

Article 14. International cooperation activities.

1. Education, training, and enhancement of professional skills to improve the operational capacity of the Vietnam Coast Guard Force.

2. Prevention and combating piracy and armed robbery against ships in Asia.

3. The Minister of National Defense shall prescribe the procedures for inspections and controls by the Vietnam Coast Guard.

Article 15. 3. Control, prevention, and struggle against illegal entry and exit activities at sea.

4. Cooperation in patrolling, inspecting, and monitoring the conservation and management of marine resources.

5. Search and rescue, prevention and response to marine environmental pollution.

6. Control, prevention, and struggle against drug-related crimes at sea.

Use of weapons, support tools, and technical equipment for operations

5. Search and rescue, prevention, control of marine environmental pollution, and response to marine environmental incidents.

6. Control, prevention, and combat of drug-related crimes at sea.

7. Other related international cooperation activities.

Article 16. Use of weapons, auxiliary tools, and technical equipment and means

While performing their duties, the Vietnam Coast Guard may use weapons and support tools in accordance with the provisions of the law; the use of means and technical equipment in the activities of the Vietnam Coast Guard shall be regulated by the Minister of National Defense.

Article 17. Operational measures

1. The Vietnam Coast Guard may apply operational measures in accordance with the Law on National Security and other relevant legal documents.

2. When carrying out tasks to combat crime and violations of the law at sea, operational units and specialized officers of the Vietnam Coast Guard may apply necessary operational measures and must be responsible for their activities.

3. The Prime Minister shall issue the Operational Activity Regulations of the Vietnam Coast Guard as stipulated in Clause 2 of this Article.

Chapter V
PRIVILEGE REGIME AND POLICIES

Article 18. Preferential Allowance System

The long-term service subsidy system in border areas and islands and the special subsidy system for sea operations in search and rescue missions of the Vietnam Coast Guard shall be regulated by the Prime Minister.

Article 19. Policy for War Invalids and Martyrs for Officers and Soldiers on Sea Duty

Officers and soldiers of the Vietnam Coast Guard who die or become injured due to illness or accidents while on duty at sea shall be recognized by competent authorities as martyrs, war invalids, or persons entitled to benefits equivalent to those of war invalids and disabled veterans in accordance with the law on preferential treatment for persons with meritorious service.

Chapter VI
IMPLEMENTING PROVISIONS

Article 20. Effectiveness

This Decree takes effect from December 4, 2009, and replaces Government Decree No. 53/1998/NĐ-CP dated July 21, 1998, concerning the organization and operation of the Vietnam Coast Guard.

Article 21. Implementation

2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs to provide detailed guidance on the contents regarding the preferential systems and policies for the Vietnam Coast Guard.

3. The Minister of National Defense shall be responsible for guiding and implementing this Decree.

The Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and the Director of the Coast Guard Bureau are responsible for implementing this Decree.