Decree No. 71/2015/ND-CP on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam

4 OFFICIAL GAZETTE Issue nos 06-08/September 2015 THE GOVERNMENT THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 71/2015/ND-CP Hanoi, September 3, 2015 DECREE On management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam(*> Pursuant to the June 14, 2005 Maritime Code of Vi,etnam; Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the June 17, 2003 Law on National Borders; Pursuant to the June 21, 2012 Law of the Sea ofVi,etnam; Pursuant to the June 21, 2013 Law on Residence; Pursuant to the June 16, 2014 Law on Foreigners ' Entry into, Exit from, Transit through and Residence in Vi,etnam; Pursuant to the March 28, 1997 Ordinance on the Border Guard; At the proposal of the Minister of National Defense, The Government promulgates the Decree on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vi,etnam. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree prescribes the management of activities of persons, vehicles and craft in, and responsibilities of agencies, organizations and individuals in the construction, management and protection of, maritime bounda1y areas of the Socialist Republic of Vietnam. Article 2. Subjects of application 1. This Decree applies to Vietnamese and foreign agencies, organizations and individuals that cany out or are involved in activities in maritime bounda1y areas of the Socialist Republic of Vietnam. 2. Persons, vehicles and craft of foreign agencies, organizations and individuals entitled to diplomatic and consular immunities; foreign milita1y vehicles and craft on visit to the Socialist Republic of Vietnam; persons and vessels; and goods on entr·y and exit, in transit, and goods expo1ted and impo1ted by sea shall comply with Vietnam's law and tr·eaties to which Vietnam is a contracting pa1ty. 3. Official-service vehicles and crafts operating on duty in maritime bounda1y areas of the Socialist Republic of Vietnam must comply with separate regulations. C-J Cong Bao Nos 989-990 (18/9/2015) © Vietnam Law and Legal F ornm Issue nos 06-08/September 2015 OFFICIAL GAZETTE 5 Article 3. Interpretation of tenns In this Decree, the terms below are constrned as follows: 1. Maritime boundaiy area of the Socialist Republic of Vietnam (below refened to as maritime boundary ai·ea) shall be measured from the national maritime bounda1y to the end of the administrative area of a commune, wai·d and township (below refened to as commune-level administrative unit) adjacent to the sea or an island or archipelago. 2. Vehicles and craft include wate1way craft, road vehicles and ai1way craft. a/ Wate1way craft include vessels, boats and other craft with or without motor operating on the water surface or unde1water; and seaplanes; b/ Ai1way craft include aircraft, flying craft or technical devices used for flying in the ea1th's atmosphere. 3. Activities of Vietnamese and foreign individuals and vehicles and craft in maritime bounda1y areas means entering leaving, residing, taking shelter, traveling, production, trading and constrnction activities; exploring and canying out projects to exploit natural resources; conducting scientific research at sea; rearing, purchasing, fishing and processing aquatic products; transport; environmental activities; salvage, rescue and other activities related to the management and protection of national maritime boundaries and security and order in maritime bounda1y areas. 4. Prohibited zone in a maritime bounda1y area means the tenitorial area lying within the boundary of a commune-level administrative unit adjacent to the sea or an island or archipelago and within the internal waters which is established for the management, protection and maintenance of security and order; and prevention, control and stoppage of acts of trespassing, destrnction, exploitation and collection of state secrets. 5. Restricted area in a maritime boundary area means an area lying within the boundary of a commune-level administrative unit adjacent to the sea or an island or archipelago and within the internal waters which is established to restrict ce1tain activities of persons, vehicles and craft for national defense and security reasons. 6. Zone of suspension of innocent passage or zone of restriction of innocent passage means an identified area within the tenitorial sea which is established to protect national sovereignty, safeguard the countiy, protect national security and interests; protect maritime safety and marine resources and ecology, prevent pollution, remedy environmental incidents, and prevent and conti·ol the spread of epidemics. Article 4. Prohibited acts in maritime bounda1y areas 1. Illegally building or installing facilities and equipment or com1nitting acts that are detrimental to the safety of border facilities. 2. Discharging, dumping or bmying hazardous substances, industrial waste, nuclear waste or other hazardous wastes causing environmental pollution; firing, launching or releasing substances that cause harm or threaten to cause haim to national defense, security, the economy, human health, environment, or social safety. 3. Conducting research, investigation, survey, exploration or exploitation without pennission of competent Vietnamese agencies. 4. Organizing illegal entry into, exit from and transit through the countiy for persons, or harboring, guiding or transporting persons for illegal entiy, exit or transit. ©Vietnam Law and Legal Fomm 6 OFFICIAL GAZETTE Issue nos 06-08/St>ptt>mber 2015 5. Perfo1ming milita1y exercises with any type of weapon or in any fo1m without pe1mission of competent Vietnamese agencies. 6. Flying into no-flight zones ; firing, launching or releasing flying devices that threaten to cause ha1m to national defense, security, the economy or aviation safety; or launching vessels or objects in violation of Vietnam's law. 7. Filming, photographing, drawing, video recording or canying out radio reception and transmission activities in restricted areas or prohibited zones . 8. Exploiting or salvaging assets, objects or antiques without pennission of competent Vietnamese agencies. 9. Illegally purchasing and selling, exchanging, storing, transpo1ting or using weapons, flammables, explosives, hazardous substances, narcotics, banned goods and a1ticles, precious metals, gemstones or foreign cunencies; illegally embarking or disembarking persons or goods onto or from vessels. 10. Wate1way craft anchoring or taking shelter outside designated places or obstmcting maritime or inland wate1way navigation in maritime boundaiy areas against regulations on anchorage and taking shelter at such places, if any. Article 5. Signboards in maritime boundaiy areas Signboards of different types shall be placed in maritime boundaiy areas in accordance with law. The Minister of National Defense shall issue regulations on fo1ms of signboards in maritime boundaiy areas and reach agreement with the Ministiy of Transpo1t and provincial­ level People's Committees of coastal localities on locations at which signboards shall be placed. Chapter II MANAGEMENT OF ACTMTIES OF PERSONS, VEHICLES AND CRAFT IN MARITIME BOUNDARY AREAS Article 6. Vietnamese individuals, vehicles and craft operating in maritime boundaiy areas 1. To enter maritime boundary areas, Vietnamese citizens ( except pennanent residents in these areas) must have one of the following papers: people's identity card, passport or citizen identification paper, or officer identification paper, army's identification paper or people's public security identification paper (for officers and soldiers of the People 's Almy and People's Public Security forces) . If intending to stay overnight in these areas, they shall make sojourn registration with commune-level Public Security offices. 2. Operators of waterway craft in maritime bounda1y areas must possess a captain's diploma or certificate granted by a competent agency. Chief engineers and seamen must possess a professional diploma or ce1tificate or a practice certificate, seaman's book and seaman insurance ce1tificate as prescribed by law; and a weapon use pennit, if they cany weapons. 3. Operators of waterway craft in maritime bounda1y areas shall ensure that their craft have number plates, and shall cany the following papers (originals or certified copies): a/ Vessel registi·ation certificate or written fishing-vessel registration certification (for fishing vessels of a total capacity of under 20 CV); b/ Vessel inspection and ce1tification certificate or technical safety and environmental protection ce1tificate as prescribed; © Vietnam Law and Legal F ornm Issue nos 06-08/September 2015 OFFICIAL GAZETTE 7 c/ Crew list or seaman's book (for fishing vessels) or seaman's certificate; and seaman insurance certificate; di Radio frequency and transmitter use license; dd/ Papers related to the vessel 's cargo; el Fishing license (for fishing vessels of a tonnage of 0.5 ton or higher); g/ Logbook. 4. For Vietnamese fishing vessels operating in the maritime zones of other countries or tenitories, in addition to the papers specified in Clauses 2 and 3 of this Article, the license for fishing vessels to operate in the maritime zones of other countries or tenitories granted by a competent Vietnamese agency is required. 5. In addition to the papers specified in Clauses 1 and 2, and at Points a, b, c, d and g, Clause 3, of this A1ticle, persons and wate1way craft operating in maritime boundary areas must possess papers related to their operation field as prescribed by law. 6. Persons, vehicles and craft operating in maritime boundary areas shall produce papers to and are subject to inspection and control by the Border Guard and competent functional agencies. 7. For road vehicles entering maritime bounda1y areas (except tourist-service zones and economic zones) for transportation, production, business, constiuction, mining or natural resources and environment activities for 10 or more days, their managers, users, owners or operators shall notify local Border Guard posts of the quantities of persons on board and vehicles, number plates, time, scope and contents of operation. 8. Ai1way craft engaged in civil aviation, economic, trade, tourist, survey, mineral exploration and exploitation, or natural resource and environment activities in maritime boundary areas must comply with Vietnam's law on aviation and the Ministiy of National Defense 's regulations on management and protection of the national airspace. Article 7. Foreigners an-iving, operating, working or studying in maritime bounda1y areas 1. Foreigners pe1manently or temporarily residing in Vietnam who anive in maritime bounda1y ar·eas or islands or archipelagoes ( except tourist-service zones and economic zones) must have passports or valid passpo1t-substitute papers and visas issued by a competent Vietnamese agency ( except those entitled to visa exemption), papers evidencing their residence in Vietnam, and pe1mits for entiy into maritime bounda1y areas issued by provincial-level Public Security Departments of the localities where they pe1manently or temporarily reside or by provincial-level Public Security Departments of the localities where they anive; if wishing to stay overnight, they shall, through managers of their accommodation establishments, make sojourn registration with commune-level Public Security offices. 2. Foreigners sent to maritime bounda1y areas by Vietnamese agencies or organizations shall produce letters of introduction of provincial-level People 's Committees and, at the same time, notify their an-ival in writing at least 24 hours in advance to provincial-level Public Security Departments and Border Guard offices of the localities where they will anive. For foreigners who are members of high-ranking delegations visiting maritime bounda1y areas, Vietnamese agencies or organizations (that invite or work with the delegations) shall notify their an-ival in writing at least 12 hours in advance to provincial-level Public Security Depa1tments and Border Guard offices of the localities where they will anive. ©Vietnam Law and Legal Fo1um 8 OFFICIAL GAZETTE Issue nos 06-08/September 2015 3. Foreigners working, studying or engaging in investment and business activities in economic zones within maritime boundaiy areas or partly located in maritime boundary ai·eas and their family members may reside or temporarily reside for a definite time in these economic zones in accordance with regulations on labor and foreigners ' entry into, exit from and residence in Vietnam. 4. For foreigners working in economic zones within maii.time bounda1y areas or partly located in maritime boundary areas, their employers, Vietnamese partners, or representatives of foreign non-governmental organizations shall, within 24 hours after these foreigners start working, notify in writing provincial-level Departments of Labor, War Invalids and Social Affairs, distr·ict-level People's Committees, commune-level Public Security offices and local Border Guard stations of the full names, ages, citizenship, serial numbers of passports, dates of starting and finishing working, tasks, and workplaces of the foreigners, and names and addresses of their employing agencies or organizations. Article 8. Foreign vessels operating in maritime boundaiy areas 1. To operate in maritime boundaiy areas, a foreign vessel must have the following original papers: a/ Vessel registration certificate granted by a competent authority of the country or tenito1y whose national flag is flown by the vessel; b/ Technical safety and environmental protection certificate ( or a technical safety ce1tificate granted by the register agency of the countiy or ten ito1y whose national flag is flown by the vessel or Vietnam's register agency, for fishing vessels); c/ Crew list, list of passengers or books of seamen, attendants and passengers on board; and passpo1ts of seamen, attendants and passengers on board; d/ Radio frequency and transmitter use license granted by a competent Vietnamese agency; and radio safety ce1tificate as prescribed by law; dd/ Fisheries operation license granted by a competent Vietnamese agency (for fishing vessels); el Papers on goods and transpo1tation of goods on board the vessel and other relevant papers as prescribed by Vietnam's law. 2. Foreign vessels operating in maritime boundary areas must fly their citizenship flag and fly the Vietnamese national flag at the top of their highest mast. 3. Foreign vessels anchoring and taking shelter at harbors or be1ths must comply with Vietnam's law and are subject to inspection and supervision by competent Vietnamese agencies. 4. Foreign vessels innocently passing through Vietnam's teni.torial sea are obliged to comply with Vietnam's law. 5. Foreign vessels which are nuclear-powered or transpo1t radioactive substances or hazardous and dangerous substances in Vietnam's tenito1i.al sea are obliged to: a/ Have technical documents related to the vessels and goods on board, and compulso1y civil insurance documents; b/ Provide competent Vietnamese state agencies with documents related to technical specifications of the vessels and goods on board; c/ Fully take special preventive measures as prescribed by Vietnam's law and treaties to which Vietnam is a contracting party applicable to their type; © Vietnam Law and Legal F ornm Issue nos 06-08/September 2015 OFFICIAL GAZETTE 9 di Comply with competent Vietnamese agencies' decisions on application of special preventive measures, even prohibiting innocent passage through Vietnam's tenitorial sea or forcing movement out of Vietnam's ten-itorial sea if they pollute the mai-ine environment. 6. In case of having accidents or incidents or seeking help for objective reasons (below refe1Ted to as case of being in distress) and the vessels have no choice but stop or anchor in the tenitorial sea or taking shelter at seapo1ts or berths, their captains or operators shall send out emergency signals and, when conditions pe1mit, immediately notify the maritime administrations or the national salvage and rescue agency, Border Guard and coastal commune-level People 's Committees of the nearest localities or the Directorate of Fisheries (for fishing vessels), or other competent Vietnamese agencies in the nearest localities. These agencies shall, upon receiving the notice, organize rescue or immediately notify such to responsible agencies for orgamzmg rescue. Article 9. Militaiy exercises, search and rescue drills, maritime security drills, live-fire drills, or use of explosive materials in maritime bounda1y areas Milita1y exercises, search and rescue drills, maritime security drills, live-fire di-ills, or use of explosive materials in ma11time boundaiy areas must comply with approved plans and shall be notified to related parties and, shall be notified 10 working days in advance to provincial-level People's Committees and Border Guard offices, Navy Zones, Coast Guard Zones, the Vietnam Ma11time Administration, and Border Guard Flotillas (if they are conducted in maritime zones) . Article 10. Exploration, scientific research, geological survey and survey of minerals, natural resources and aquatic resources in maritime bounda1y areas 1. In addition to the papers specified in Clauses 1 and 2, and at Points a, b, c, d and g, Clause 3, Article 6 of this Decree, Vietnamese individuals, vehicles and craft engaged in exploration, scientific research, geological survey or survey of minerals, natural resources and aquatic resources in maritime bounda1y areas must possess licenses granted by competent agencies as prescribed by law, and shall notify their activities in writing 5 working days in advance to provincial-level People 's Committees and Border Guard offices of the localities where these activities will be canied out. 2. In addition to the papers specified at Points a, b, c and d, Clause 1, Article 8 of this Decree, foreign individuals, vehicles and craft engaged in investigation, exploration, survey or research activities, fishing or exploiting natural resources in maritime bounda1y areas shall obtain pe1mission of related competent Vietnamese agencies and at the same time notify their activities in writing 5 working days in advance to provincial-level People 's Committees and Border Guard offices of the localities where these activities will be canied out, and comply with this Decree and relevant regulations. Article 11. Building of projects or facilities in maritime bounda1y areas 1. Agencies and organizations conducting survey, designing, constrnction of facilities or implementation of projects related to national defense and secm-ity or involving foreign elements in maritime bounda1y areas shall notify in writing 3 working days in advance commune-level People's Committees and Border Guard posts of the list of persons, craft and vehicles and time, scope and contents of operation. 2. The building of projects or facilities in maritime bounda1y areas must comply with the law on constrnction and may not affect base points, border facilities, maritime defense facilities or the marine and island environment. ©Vietnam Law and Legal Fo1um 10 OFFICIAL GAZETTE Issue nos 06-08/September 2015 3. When formulating projects to build tourist zones, economic zones, transport or fisheries facilities and harbors or be1ths, or explore or exploit natural resources; or projects or facilities related to national defense and security or involving foreign elements in maritime boundary areas, local constmction state management agencies shall consult in writing the Ministry of National Defense, the Ministry of Public Security, other related ministries and sectors, and provincial­ level People's Committees, Military Commands, Border Guard Commands and Public Security Departments before submitting the projects to competent authorities for approval. When implementing the projects or building the facilities akeady licensed, their owners shall notify their activities in writing 3 working days in advance to provincial-level Border Guard offices and Public Security Departments and district- and commune-level People's Committees. 4. Local Border Guard stations shall guide agencies and organizations mentioned in Clauses 1 and 2 of this Article in identifying base points, national maritime boundaries, scope of maritime boundary areas, and prohibited zones and restricted areas in maritime bounda1y areas, and in implementing other relevant regulations on management and protection of maritime boundary areas. Article 12. Establishment of zones of suspension of innocent passage or zones of restriction of innocent passage in the ten-itorial sea; identification of prohibited zones or restricted areas in maritime bounda1y areas 1. In case the national sovereignty, defense, security or interests is/are threatened, or for the purpose of ensuring mar-itime safety, protecting mar-ine resources and ecology, preventing pollution, remedying incidents or catastrophes to the mar-ine enviromnent, or preventing and controlling the spread of epidemics, the Prime Minister shall decide to establish zones of suspension of innocent passage or zones of restriction of innocent passage in the tenito11al sea. 2. For the sake of national defense, security and interests, chairpersons of provincial-level People's Committees of coastal localities shall identify prohibited zones in maritime bounda1y areas at the proposal of functional sectors after reaching agreement with provincial-level Military Commands, Border Guard Commands and Public Secm-ity Departments. 3. The Minister of National Defense shall identify prohibited zones for national defense facilities and mar-itime boundary facilities related to national defense and secm-ity at the proposal of Military Zones' Commanders or Border Guard Commanders, and notify such to provincial­ level People's Committees of the coastal localities where these zones are located. 4. Managing ministi-ies or sectors shall identify restricted areas in mar-itime boundary areas for the purpose of protecting mar-ine resources and ecology, preventing pollution, remedying incidents or catastrophes to the enviromnent, canying out salvage, search and rescue activities, or organizing military exercises after reaching agreement with provincial-level People's Com1nittees; and at the same time notify such to the Ministry of National Defense and functional agencies and forces operating in maritime bounda1y areas. 5. Management and protection of zones of suspension of innocent passage and areas of restriction of innocent passage in the tenitorial sea and prohibited zones and resti·icted areas in maritime bounda1y areas: a/ The management and protection of zones of suspension of innocent passage and areas of restriction of innocent passage in the tenitorial sea must comply with law; b/ Heads of agencies or units managing prohibited zones in maritime boundary areas shall issue mles on protection of these zones; © Vietnam Law and Legal F omm Issue nos 06-08/September 2015 OFFICIAL GAZETTE 11 c/ The scope and time of restriction and restricted activities of persons, vehicles and craft shall be identified for restricted areas; d/ To enter prohibited zones or restricted areas, persons, vehicles and craft shall obtain pennission of heads of agencies or units managing these zones or areas; dd/ Decisions on prohibited zones or restricted areas shall be notified to provincial-level People's Committees of coastal localities, the Vietnam Maritime Administration, the Directorate of Fisheries, and related pa1ties for compliance. 6. Restricted areas in maritime boundary areas shall be identified by signboards ( on the land) or coordinates in nautical cha1ts (at sea); the scope of prohibited or restricted zones in the internal waters and ten-itorial sea shall be identified by coordinates in nautical chaits. 7. The establishment of zones of suspension of innocent passage or zones of restriction of innocent passage in the tenitorial sea shall be widely notified at home and internationally in "Notices to mariners" according to international maritime practices at least 15 days in advance, or right after the establishment in case of emergency. Article 13. Management of wharves, yards and anchorage areas for wate1way craft in maritime boundary areas 1. Provincial-level People's Committees of coastal localities shall, within the ambit of their functions, tasks and powers, decide to establish, and issue rnles for, wharves, yards and anchorage areas for wate1way craft in their localities. 2. Wate1way craft that regularly or temporarily anchor at wharves, yai·ds and anchorage areas shall be registered with agencies managing these wharves, yards and anchorage areas and must comply with their applicable rnles. Article 14. Occunence of natural disasters, fires or environmental catastrophes 1. In case natural disasters, fires or environmental catastrophes (below collectively refened to as accidents) occur in ma11time bounda1y areas, persons who detect the accidents shall send out emergency signals and promptly notify them to Border Guard stations and functional agencies and forces of the nearest places, and immediately take measures to save humans, vehicle, craft and prope1ty and limit losses. 2. When receiving notices or emergency signals or detecting persons, vehicles or craft in distress, persons and craft operating in maritime bounda1y areas shall immediately organize rescue and notify such to functional forces operating in the nearest places at sea or to maritime search and rescue coordination centers of the nearest places for organizing salvage and rescue activities. 3. Persons, vehicles and craft operating in maritime bounda1y areas shall submit to mobilization, command and assignment by local ad1ninistrations and Border Guard offices to participate in search and rescue activities. The mobilization and command for participation in search and rescue activities may be effected only in case of emergency and during a pe11od necessa1y for search and rescue activities. 4 . Persons participating in search and rescue activities who are injured, die or suffer deteriorating health or prope1ty losses are entitled to regimes and policies presc11bed by law. Article 15. Handling of violations in ma11time bounda1y areas 1. When detecting persons, vehicles or craft showing signs of violating Vietnam's law or treaties to which Vietnam is a contracting party, specialized patrol and control forces have the ©Vietnam Law and Legal Fomm 12 OFFICIAL GAZETTE Issue nos 06-08/St>ptt>mber 2015 right to check and seize violating persons, vehicles or craft and handle them in accordance with Vietnam's law. 2. When detecting acts infringing upon the national sovereignty, security or social order and safety in maritime bounda1y areas, organizations and individuals shall report them to commune-level Border Guard and Public Security offices of the nearest places; if discovering and collecting assets sunk or going adrift in Vietnam's maritime zones, organizations and individuals shall immediately report and deliver them to local administrations or Border Guard stations of the nearest places for handling in accordance with law. Article 16. Exercise of the right of hot pursuit 1. Patrol and control forces in maritime bounda1y areas have the right of hot pursuit of foreign wate1way craft violating Vietnam's law in the internal waters or teni.torial sea of Vietnam or of persons, vehicles and craft that violate law in maritime bounda1y areas on the way to the inland. 2. After the patrol and control forces in maritime bounda1y areas have sent out signals to order foreign persons or wate1way craft that violate or show signs of violating Vietnam's law in maritime bounda1y areas to stop for inspection, if these persons or operators of these craft fail to obey the order, the commanders of the pursuing forces may use supporting tools and weapons in accordance with law; if there are wounded persons, these forces shall render medical aid; in case there are killed persons, these forces shall coordinate with functional agencies and local administrations in handling the case in accordance with law. 3. For foreign wate1way craft violating or showing signs of violating Vietnam's law, their hot pursuit may continue outside the boundari.es of the tenitorial sea or the contiguous zone of the tenitorial sea of Vietnam and shall be undertaken unintenuptedly; the hot pursuit must te1minate when the pursued foreign wate1way craft go into the tenitorial sea of another country or tenito1y. 4. When exercising the right of hot pursuit, commanders of the pursuing forces may mobilize persons and craft of state agencies, organizations and individuals operating in maritime bounda1y areas ( except craft of foreign agencies, organizations and individuals entitled to immunities and privileges under Vietnam's law) to participate in the hot pursuit. 5. Organizations and individuals that have their craft or property mobilized by competent agencies for the exercise of the 1i.ght of hot pursuit are entitled to payment of reasonable expenses and compensation for damage, if any, in accordance with law. 6. Commanders of the pursuing forces shall take responsibility before law for their decisions. Chapter III RESPONSIBILITIES TO BUILD, MANAGE AND PROTECT MARITIME BOUNDARY AREAS Article 17. The Ministry of National Defense 1. To assume the prime responsibility for, and coordinate with other minisu-ies, sectors and provincial-level People's Committees of coastal localities in, perfo1ming the state management of national borders; and organizing the implementation of policies, master plans, plans and investment projects on management and protection of maritime boundaiy areas in accordance with law. © Vietnam Law and Legal F ornm Issue nos 06-08/September 2015 OFFICIAL GAZETTE 13 2. To assume the prime responsibility for, and coordinate with the Ministiy of Public Security, the Ministiy ofForeignAffairs, the Ministiy of Finance, the Ministiy of Agriculture and Rural Development, the Ministty of Natural Resources and Environment and related ministries and sectors in, fonnulating a regulation on coordination among forces tasked to build, manage and protect national borders, protect political security and maintain social order and safety in maritime bounda1y areas in accordance with law; and canying out search and rescue activities in maritime boundary areas. 3. To manage and supervise economic and national defense activities in maritime boundary areas. 4. To mobilize and command manpower, vehicles and craft of ministi-ies, sectors, ente1prises and localities participating in the protection of sovereignty and sovereign 1-ights in Vietnam's maritime zones under decisions of competent authorities. 5. To regularly exchange info1mation on and coordinate with the Ministiy of Public Security and the Ministry of Foreign Affairs in dealing with complicated issues to ensure security and social order and safety in maritime boundary areas and at sea, and to protect national sovereignty and sovereign 1-ights over sea; to coordinate with ministi·ies and sectors in examining operation licenses of vehicles and craft operating in ma11time boundary areas related to the state management fields of ministries and sectors. 6. To direct Border Guard, Navy and Coast Guard forces to coordinate with customs, wate1way traffic police, fisheries resources surveillance and other forces operating in maritime bounda1y areas in patrolling, controlling, detecting, preventing and handling violations in maritime bounda1y areas; protecting national sovereignty, sovereign rights, security and order in Vietnam's maritime zones; and protecting fishing activities offishennen and lawful activities of persons, vehicles and craft in maritime bounda1y areas and mar-itime zones and on islands of Vietnam. 7. To direct Border Guard forces: a/ To assume the prime responsibility for, and coordinate with army units ganisoned in maritime boundary areas, People's Public Security forces, local administi·ations and related agencies in, managing and protecting national maritime boundaries; protecting political security and maintaining social order and safety in maritime bounda1y areas in accordance with law; bl To coordinate with People 's Public Security forces, local administrations and related agencies in managing foreigners studying, working or canying out production and business activities in economic zones within or partly within maritime boundary areas; inspecting and conti·olling foreigners ' exit from, ently into, ti·ansit through or residence in economic zones and seapo1t border gates in accordance with law; cl To advise People 's Committees of all levels in coastal localities on developing plans, programs, contents and measures to launch the "All people participate in protecting sovereignty and sovereign 1-ights" movement; sti·engthening political bases and building ma11time bounda1y areas which are strong in economy, politics, socio-culture, national defense, security and foreign relations; d/ To implement various measures and anange and use forces, means, weapons and supporting tools to manage and protect national maritime boundaries, protect political security and maintain social order and safety in maritime bounda1y areas, and perfo1m military and border-guard diplomacy in accordance with law; ©Vietnam Law and Legal Fo1um 14 OFFICIAL GAZETTE Issue nos 06-08/St>ptt>mbt>r 2015 dd/ To aITange fixed and mobile control stations for checking and controlling persons, vehicles and craft entering, leaving or operating in maritime boundaiy areas; to supervise vessels in maritime boundaiy areas in accordance with law; el To assume the prime responsibility for, and coordinate with related agencies and units in, reaching agreement on the provision of information on the operation of vessels in maritime boundary areas; annually, to assume the prime responsibility for, and coordinate with Public Security forces in, managing and counting the number of foreigners entering maritime bounda1y areas, prohibited zones and restricted areas in maritime boundary areas and zones of suspension of innocent passage and zones of restriction of innocent passage in the teITitorial sea; g/ To coordinate with Public Security forces in perfo1ming the state management of foreigners' ently into, exit from, ti·ansit through and residence in maritime boundaiy areas and economic zones; to handle violations of the law on ently into, exit from, transit through and residence in maritime bounda1y areas and seapo1t border gates; h/ To assume the prime responsibility for, and coordinate with functional forces operating in mai·itime boundaiy areas and maritime zones of Vietnam in, protecting, supervising, maintaining, and handling violations of regulations on, restricted areas and prohibited areas in maritime boundary areas and zones of suspension of innocent passage and zones of restriction of innocent passage in the internal waters and teITitorial sea. Article 18. The Ministry of Public Security 1. To assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People's Committees of costal localities in, drawing up plans on protection of national security, combining security and order in maritime boundaiy areas with security and order in the inland; to coordinate with the Ministiy of National Defense in providing professional guidance and training for Border Guard forces in fighting crimes, protecting political security and maintaining social order and safety in maritime bounda1y areas. 2. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in, promulgating a regulation on coordination in ensuring security and social order and safety and fighting crimes and other violations in maritime boundary areas. 3. To direct provincial-level Public Security Departments of coastal localities in coordinating with Border Guard forces in protecting political security and maintaining social order and safety in maritime boundary areas. Article 19. The Ministry of Foreign Affairs 1. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People 's Committees of coastal localities in, implementing treaties concerning national maritime boundaries to which Vietnam is a contracting party. 2. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People's Committees of coastal localities in, advising the Government on negotiating and dealing with arising issues related to maritime boundary areas. 3. To coordinate with the Ministiy of National Defense in fo1mulating a regulation on coordination in dealing with cases and matters, providing info1mation and documents, and providing guidance on foreign-relation operations; and in reviewing the building, management and protection of maritime bounda1y areas. © Vietnam Law and Legal F ornm Issue nos 06-08/September 2015 OFFICIAL GAZETTE 15 Article 20. The Ministiy of Planning and Investment 1. To assume the prime responsibility for, and coordinate with the Ministiy of National Defense, the Ministiy ofFinance, other related ministries and sectors and provincial-level People's Collllllittees of coastal localities in, allocating funds for the building, management and protection of maritime bounda1y areas according to the cmrent regulations on state budget decenti·alization for submission to competent authorities for decision. 2. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People 's Committees of coastal localities in, developing strategies, mechanisms and policies on economic development associated with protection of national sovereignty, national defense, security and social order and safety in maritime boundary areas. Article 21. The Ministiy of Finance 1. To assume the prime responsibility for, and coordinate with the Ministiy of National Defense, related ministries and sectors and provincial-level People's Committees of coastal localities in, allocating regular funds for the building, management and protection of maritime boundaiy areas according to the cunent state budget decenti-alization for submission to competent authorities for decision. 2. To coordinate with other related ministries and sectors and provincial-level People 's Committees of coastal localities in developing mechanisms and financial policies to facilitate socio-economic development in maritime bounda1y areas. Article 22. The Ministiy of Agriculture and Rural Development 1. To direct the Directorate of Fisheries to coordinate with the Border Guard and Coast Guard forces and functional forces in inspecting and conti·olling fishing activities at sea, ensuring safety for fishe1men in Vietnam's maritime zones; to direct forest protection forces to coordinate with Border Guard forces and administrations of coastal localities in managing and protecting coastal protection forests. 2. To guide and organize the repo1ting on and notification of developments at sea related to the protection of national sovereignty and sovereign rights and fishing activities of fishe1men. 3. To coordinate with the Ministiy of Justice, provincial-level People's Committees of coastal localities, Border Guard and Coast Guard forces and the Ministiy ofForeignAffairs (the National Border Collllllittee) in compiling documents and organizing public info1mation and education for fishe1men to raise their awareness and sense of responsibility about the protection of national sovereignty and sovereign rights over sea. Article 23. The Ministiy of Transport 1. To assume the prime responsibility for, and coordinate with the Ministiy of National Defense, other related ministries and sectors and provincial-level People 's Committees of coastal localities in, guiding and examining the implementation of measures to ensure inland waterway navigation safety and maritime safety in association with protecting national sovereignty, sovereign rights, defense, security and social order and safety in maritime bounda1y areas. 2. To direct Maritime Administrations and Inland Wate1way Administi-ations to coordinate with regional Border Guard Collllllands, Border Guard Flotillas and Coast Guard Commands in examining and controlling the operation of wate1way craft in maritime boundary areas and ensuring security and order of navigable channels . 3. To direct the Vietnam Maritime Administi-ation to assume the prime responsibility for, and coordinate with Border Guard forces and related agencies and units in, organizing maritime ©Vietnam Law and Legal Fomm 16 OFFICIAL GAZETTE Issue nos 06-08/St>ptt>mbt>r 2015 search and rescue drills and maritime secmi.ty drills in seaport waters and ma1i.time zones of Vietnam in accordance with law. Article 24. The Ministiy of Natural Resources and Environment 1. To assume the pri.me responsibility for, and coordinate with the Ministiy of National Defense, other related ministries and sectors and provincial-level People's Committees of coastal localities in, developing programs, plans, master plans and projects on exploitation and use of marine natural resources and protection of marine environment in combination with protection of national sovereignty, national defense and security in ma1i.time bounda1y areas. 2. To coordinate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs and other related ministries and sectors in developing sti-ategies, policies and schemes on national defense, security and diplomacy in combination with socio­ economic development in maritime boundary areas; to participate in appraising master plans and schemes on establishment of marine reserves in maritime bounda1y areas. 3. To coordinate with the Ministry ofNational Defense, the Ministry of Public Security, the Ministry of Justice, other related ministries and sectors and provincial-level People's Committees of coastal localities in, conducting public information on seas and islands, and examining and controlling the research, investigation, survey, exploration, exploitation and use of marine resources and protection of marine environment in maritime boundary areas. Article 25. Related ministri.es and sectors Within the ambit of their functions, tasks and powers, to coordinate with the Ministry of National Defense in building, managing and protecting national maritime boundaries, protecting political secmi.ty and maintaining social order and safety in mari.time bounda1y areas; to direct agencies, units and forces under their management, when operating at sea, to closely coordinate with Border Guar·d and Coast Guard forces in renderi.ng assistance when necessary and participate in protecting national sovereignty, sovereign rights and jurisdiction at sea, protecting political security and maintaining social order and safety in maritime bounda1y areas. Article 26. People's Committees of coastal localities 1. To perform the state management of national borders in their localities as decentr·alized; to build maritime bounda1y areas which are str·ong in politics, economy, society, national defense and security; to combine infrastructure construction and socio-economic development with str·engthening and enhancement of national defense and security in ma1i.time bounda1y areas. 2 . To direct departments, sectors and functional forces to coordinate with Border Guard forces and related agencies in building, managing and protecting national maritime boundaries; protecting political security, maintaining social order and safety and fighting crimes in maritime bounda1y areas in accordance with law; providing information on waterway craft of their localities to Border Guard offices and functional sectors for management and registration for verification and control of such craft when they enter, leave or operate in maritime boundary areas. 3. To mobilize vehicles, craft and functional forces and people to participate in preventing and contr·olling acts infringing upon national sovereignty and sovereign rights over sea, protecting political secmi.ty and maintaining social order and safety in mari.time bounda1y areas. 4. To organize law dissemination and education about the construction, management and protection of national borders, protection of political security and maintenance of social order and safety in ma1i.time bounda1y areas for the public. © Vietnam Law and Legal F ornm Issue nos 06-08/September 2015 OFFICIAL GAZETTE 17 5. Annually, to estimate and allocate local budget funds for the construction, management and protection of national maritime boundaries, protection of political security and maintenance of social order and safety in maritime boundary areas. 6. fu case the National Assembly Standing Committee promulgates a decision on adjustment of the boundaries of a commune-level administrative unit, the chairperson of the provincial-level People 's Committee of the concerned coastal locality shall repo1t to the Ministiy of N ational Defense for proposing the Government to add such unit to or remove it from the list of communes, wards and townships in maritime bounda1y areas provided in the Appendix (not translated) to this Decree. Article 27. Agencies, organizations and individuals 1. Agencies, organizations and individuals operating in maritime bounda1y areas shall strictly comply with this Decree, other relevant regulations and treaties to which Vietnam is a contracting party; and coordinate with Border Guard and functional forces in protecting sovereignty and sovereign rights over sea, protecting political security and maintaining social order and safety in maritime boundary areas. 2. While on duty in maritime boundaiy areas, officers, soldiers and employees of functional sectors shall wear unifo1ms, badges and insignias as prescribed by law; their vehicles or craft must fly the national flag and banners according to regulations. 3. Self-defense and militia forces of coastal provinces and centrally mn cities, security forces of agencies and organizations in maritime boundary areas and other forces shall participate in patrol and control activities at sea and activities to protect sovereignty and sovereign rights of Vietnam as mobilized by competent agencies. Chapter IV IMPLEMENTATION PROVISIONS Article 28. Effect This Decree takes effect on October 20, 2015, and replaces the Government's Decree No. 161/2003/ND-CP of December 18, 2003, promulgating the Regulation on mai-itime bounda1y ai·eas. Article 29. State budget funds for implementation 1. Funds for the construction, management and protection of national maritime boundaries and protection of political security and maintenance of social order and safety in maritime boundary areas shall be covered by the centi·al and local budgets in accordance with the Law on the State Budget and the Law on Public Investment. 2. The estimation, disti-ibution, allocation, payment and finalization of state budget funds must comply with the Law on the State Budget and the Law on Public Investment and guiding documents. Article 30. Guidance and implementation responsibilities 1. The Ministiy ofNational Defense shall assume the p111ne responsibility for, and coordinate with related ministries and sectors in, guiding and examining the implementation of this Decree. 2. Ministers, heads of ministe11al-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees of coastal localities shall implement this Decree. On behalf of the Government Prime Minister NGUYEN TAN DUNG ©Viemam Law and Legal Fomm