Order No. 01/2008/L-CTN to promulgate the Ordinance on the Viet Nam Coast Guard

orFICIAL GAZCTTC IUUQ nos OS-09/I=Qbruary 2008 (Cong Bao nos 157-1&JIMarch 1/2008) THESTATE PRESIDENT ORDERNo. Oll2OO8lL·CTN OFFEBRUARY 5, 2008 ON PROMULGATION OF ORDINANCE THE PRESIDENT OFTHE SOCIALIST !lliI'UIlLll: m VIKINAM Pursuant to Articles 103 and 106 ofthe 1992 Constitution oj the Soaaust Repuhuc oJ Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 ofDecember 25, :1001, 0/ tho X th NtdionaI A.ssembly, the 10th session; Pursuant to Article 91 of the Law on Organization of the National Assembly; Pursuant to Article 51 of the Law on Promulgation ofLegal Documents. PROMULGATES: The Ordinance on the Vietnam Coast Guard, which was passed on January 26, 2008, by thexnth NationalAssemblyStandingCommittee of the Socialist Republic of Vietnam. President of the Socialist Republic ofVietnam NGUYEN MINHTRIET ORDINANCE ONTHE VIETNAM COAST GUARD (No.03f201J8IUB1YQH12) Pursuant to the 1992 Constitution of the SocialistRepublic ofVietnam whichwasamended andsupplementedunderResouaion.No. 51120011 QHlO; Pursuant to the National Assembly's Resolution No. 1112007IQH12 on its legislative program dUn"fl8 the .YIlh lesislatum (2007-:1011) and in 2008: The National Assembly Standing Committee pro1t'lJ41gates th~ Ordinance on tha Vietnam Coast Guard. Chapter I GENERAL PROVISIONS Article I. The Vietnam Coast Guard is a specialized force of the State, performing the functions of managingsecurity,orderand safetyand ensuring the OlJ:,t:TVdllCC of Vietnauiese law and related treatiesto whichthe SocialistRepublicof vietnam is a contracting party, on the sea areas and continental shelf of the Socialist Republic of Vietnam. The VietnamCoast Guard operates under this Ordinance and other provisions of Vietnamese law. Article 2. The Vietnam Coast Guard is U people's armed force of the Socialist Republic of Vietnam and placed under the leadership of the Communist Party of Vietnam, the command of the State President and the unified management of the © VIETNAM LAW 5. LEGAl. FORUM Issue nos Oa..09JFebnJary2008 (GOng Bao nos 157-16O/March 1/2008) OFFICIAL GAZETTE 7 Government. The MinislT)' ofDefense shalldirectlymanage and administerthe operationof theVietnam Coast Guard. Article 3.~ The Vietnam Coast Guard operates on the sea areas and continental shelf of the Socialist Republic of Vietnam. Within the ambit of their tasks and powers, the Vietnam Coast Guard shall perform and coordinate withother forces in ~lfonning tasks in accordance with law. The Government shall issue a Regulation on coordinatedoperationand specific responsibilities or rorces. Article 4. Agencies, organizations and individuals shall coordinate and cooperate with and assist the Vietnam Coast Guard in performing tasks; be protected and have their secrets kept by the State uponrequestandenjoy policiesprescribedby law. Chapter II TASKS, POWERS AND RESPONSmILITIES OF THE VIETNAM COAST GUARD Article S» Vietnam CoastGuard officersandsoldiersmust absolutely beJoyal (Q theFatherlandof theSocialist Republic of Vietnam, have good moral qualities and necessary professional qualifications, firmly graspVietnamese law and relatedtreatiesto which the Socialist Republic of Vietnam i~ a coul1i.U:tiug party,and fulfill all tasks assigned to them. Vietnam Coast Guard officers and soldiers may not abuse their titles, powers and positions tocause harms to theState's interestsor the lawful rights and interests of organizations and individuals. Article 6. Within the internal waters, territorial waters and seaportwatersof theSocialistRepublicofVietnam, the VietnamCoastGuard shallconduct inspection andcontrolinaccordance withVietnamese law and related treaties to which the SocialistRepublic of Vietnam is a contracting party in order to protect national sovereignly;maintain security, orderand safety; protectnatural resources; preventaod control environmentalpollution;detect, prevent and fight smuggling,illegaltransportation andtraffickingof humans. illegal transportation and trading ofgoods, weapons,explosives, narcotics, pre-substances and other violationsof law. Article 7.~ In the contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam, 111CVieuuuu CUa:sL Guard has the tasks of patrol and control in accordance with Vietnameselaw and related treaties to which theSocialistRepublic of Vietnamis a contracting: party in order to protect national sovereignty, jurisdiction,naturalresources;preventand control environmentalpollution; detect,prevemand fight smuggling, piracy,armed attacksagainstships and vessels, illegal transportation and trafficking of humans, illegal transportation and trading of narcotics and pre-substances, Article S» The Vietnam Coast Guard shall perform the tasksof international cooperationwithin the ambit of their functions, tasks and powers according to Vietnamese law and related treaties to which the Socialist Republic of Victnum is n contracting © VIETNAM LAW & LEGAL FORUM 8 OFFICIAL GAZETTE Issue nos 08.()9/Februa!J' 2008 (Cona BaD nos 157-1601March 112008) party inorder to conlTibute to maintainingsecurity, order, peace and stability on the seaareas. Article 9. The Vietnam Coast Guard shall gather and rcceive, promptly process information and infonn related functional agencies in accordance with Vietnamese law and related treaties to which the Socialist Republic of Vietnam is a contracting party; jam in the search, rescue and handling of incidents on thesea, and environmental protection activities, and organize response to incidents in the uiarine tllvllVllIuent. Artid« 10. The Vietnam Coast Guard shall join in law propagation, dissemination and education for people working on the sea; coordinate with other forces in protecting state assets, people's lives and assets and means lawfully operating On the sea areas andcontinental shelfof Vietnam; coordinate with other units of the armed forces in protecting national sovereignty and security on islands and sea areas within the territory of the Socialist Republic of Vietnam as well as the sovereign rights and jurisdiction in the exclusive economic zone and continental shelt of the SOCIalist Republic of Vietnam. Artkl.e 11. When detecting persons and means with signs of violationof Vietnamese law or related treaties to which the Socialist Republic of Vietnam is a contracting party, theVietnam Coast Guard may conduct inspection and control; if detecting acts of violation, they may impose administrative sanctions in accordance with law, force violating persons and means to stop violations, leave the water areas where they are operating or leave the Vietnamese sea areas; arrest or detain persons and means of violation that are caught red-handed, record the handling of violations according to competence or transfer cases to competent agencies for handling in accordance with law. Article 12. In case persons and means in violation of law disobey their orders, oppose or deliberately flee, the Vietnam Coast Guard may coerce their compliance, chase them or exercise other rights according to Vietnamese law and related treaties to which the Socialist Republic of Vietnam is a contracting party. Article 13. I. In case of emergency to chase persons and means inviolation oflaw, rescue victims orrespond to serious environmental incidents, the Vietnam Coast Guard may mobilize human resources and means of Vietnamese individuals and organizations, but shall return all upon termination of the state of emergency; and pay compensation for any property damage. Mobilized persons who are injured or die are eligible for state policies; if no persons or means ofVietnamese individuals or organizations are available or they are mobilized but cannot handle the state of emergency, the VIetnam Coast Guard may seck support from foreigners and means of foreign organizations or individuals operating on Vietnam's seaareas and continental shelf according to Vietnamese law and related treaties to which the Socialist Republic of Vietnam is a contracting party. 2. In case of real necessity to ensure defense, security and national interests, competent persons in the Vietnam Coast Guard may requisite assets of Vietnamese individuals or organizations in accorrlance with the law on compul ~OTypurchase and requisition of assets. Article 14. The Vietnam Coast Guard shall be equipped © VIETNAM LAW & LEGAL FORUM Issue nos 08-D9IFebruary 2008 (r..nna RAnnng 1.~7·16lJ1Milrr.h 1/?OOR) OFFlCJAL GAZETTE 9 with and use weapons, technical equipment, suppottiveinstruments andprofessional measures to perform tasks in accordance with law. Article 15.~ Whilc on duty, the Vietnam. Coast Guard may open fire in the following cases: 1. When violators use weapons to oppose or employ other rneacnrec to dire::tly threaten the lives and safetyof means of the VietnamCoastGuard; 2. When chased persons and means that commit serious violations may escape unless weapons are used; 3. For me protection of citizens whose lives are directly threatened by others. Incases in whichthey are allowedto openfire according to this Article, Vietnam Coast Guard officers and soldiers may shoot at violatorsonly aner havingordered. them (0 stoporfiredwarning shot but in vain, except in urgentcircumstances; for complicatedcases whichmay adversely affect national sovf'r~i~ntyor security they shall Tf'.pnrt them to competent authorities for decision. Article16.~ The Vietnam Coast Guard shall conduct criminal investigation according to the Penal Code, the Civil Procedures Code, the law on organization ofcriminal investigation, and related ' legaldocuments. ChapterlII ORGANIZATION OF THE VIETNAM COAST GUARD Article 17. The Government shall provide for the organizationand operation of the VietnamCoast Guard. The Ministry of Defense shall issue specific regulations on personnel and equipment of the Vietnam Coast Guard. Article 18. The Vietnam COdSt GUdTd consists ofofficers, career military personnel, non-commissioned officers, soldiers,defense employeesand defense workers(belowcollectively referredtoasVietnam Coast Guard officers and soldiers). Article 19.~ The appointment, dismissal, demotion; bestowment, promotion, reduction and deprivation of military ranks of Vietnam Coast Guard officersand soldiers comply with: 1. The Law on Vietnam People's Army Officers,for officers; 2 ThP, T.3W nn Military Service for career military personnel, non-commissioned officers and soldiers; 3. Relevant legal provisions, for defense employees and defenseworkers. Article 20. The service regime applicable to Vietnam Coast Guard officers and soldierscomplies with the law on Vietnam People's Army officers and soldiers and relevant provisions of law. Artide 21.· The Vietnam CoastGuardhasits own pennant. insignias and uniforms as prescribed by the Government. While on duty, ships, boats and other means of the Vietnam Coast Guard shall fly a national flagand itspennant; Vietnam CoastGuard. officers and soldiersshall wear uniformsand insignias of the Vietnam Coast Guard. © VIETNAM LAW &LEGAL FORUM 10 OFFICIAL GAZETTE Issue nos 08-09/February 2008 (Gong BaD nos 157·1601March 112008) Chapter tv STATE MANAGEMENT OF THE VIETNAM COAST GUARD Article22. Contents of statemanagement of the Vietnam Coast Guard include: 1.Promulgating, organizing theimplementation uf, legal documents UII the Vietnam Coast Guanl, 2. Organizing, leading, commanding the VietnamCoast Guard; 3. OI~liL,ill~ uaiuiug will fU1>lt:ling fur officers and soldiers of the VietnamCoast Guard; 4. Implementing mechanisms and policies towards. the Vietnam Coast Guard; 5.Supervising, inspecting, settling complaints and denunciations and handling violations in the domainsofoperation of theVietnam CoastGuard; 6. Implementing internationalcooperation. Articfe23. 1. The GOvemmem shall exercise the unified state management of the Vietnam Coast Guard. 2. The Ministry of Defense shall take responsibility before the Government for exercising thestatemanagementof theVietnamCoastGuard; guide, urge, inspect and assume the prime responsibility in coordinating with ministries, ministerial-level agencies andprovincial/municipal People's Committeesin thebuilding, organization and operationof theVietnam CoastGuard. 3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Defense in exercising thestate management of theoperation of the Vietnam Coast Guard. 4. Provincial/municipal People's Committees shall, within the ambit of their tasks and powers, coordinatewith,supportandcreateconditionsfor, the VietnamCoast Guard to perform its tasks. 5. The Government shall promulgate a Regulationoncoordinationbetween theMinistry ofDcfense and otherministries,ministerial-level agencies and provincial/municipal People's Committees in exercising the state management of the operationof the Vietnam Coast Guard. Chapter V ASSURANCE OF THE OPERATION OF, BENEFITS AND POLICIES FOR, THE VIETNAM COAST GUARD Article 24. The Stateshallbuild the VietnamCoastGuard into a revolutionary, regular, elite and modem force; adopt priority policies, increase investment in research and application of scientific and technological advances,equip weapons,technical equipmentandsupportive instruments (0 guarantee theoperation of the VietnamCoastGuard. Article 25. 1. Benefits and policies for Vietnam Coast Guard officersand soldiers comply with the law on VietnamPeople's Army officers and soldiers and relevant provisions of law. 2. The State shall adopt preferential policies and benefits suitable to the nature of tasks and geographical areas of operation of the Viemam Coast Guard, including: a/Seniority allowanceforofficersandsoldiers in border and island regions; bl Responsibility allowance suitable to particular tasks of officers and soldiers; cI Sea sailing allowance; The Government shall specify preferential benefits andpoliciesfortheVietnamCoastGuard Amcte 26. © VIETNAM LAW & LEGAL FORUM Issue nos OS..Q9/February 200S (GOngBao nos j 57-1601March 1/2008) OFFICIAL GAZETTE 11 J.Citizenswho satisfyprescribed politicaland moral qualities, educational qualifications and health conditions and have aptitudes suitable to the task requirements of the Vietnam CoastGuard may berecruited into this force if they so wish; 2. The Vietnam Coast Guard may prioritize the recruitmentof citizensdefined in Clause I of this Article who are students, graduates of institutes, universities, colleges, profensionul intermediateschools,vocational trainingschools or job teaching centers. ilrticle 27. Vietnam Coast Guard officers and soldiers shall be trained and retrained in political, operational and legal knowledge as well <1.::> othe. necessary knowledge suitable to their assigned tasks; be encouraged and facilitated to develop their talents to serve the Vietnam Coast Guard. Article 28, Funding for the organization, building and operation of the Vietnam Coast Guard shall be assured by the state budget. Chapter Vl IMPLEMENTATION PROVISIONS Article 29. This Ordinance takeseffect on July 1,2008. This Ordinance replaces the March 28, 1998 Ordinance on the Vietnam Coast Guard. Article 30. The Government shall detail and guide the implementation of thisOrdinance. Onbehaljoj the NationalAssembly Stilnding Commiuee Chairman NGlJYEN PHU TRONG © VIETNAM LAW & LEGAL FORUM