Order No. 3-L/CTN to promulgate the Ordinance on the Viet Nam Coast Guard

Article 2.- The Vietnam Coast Guard is one of the armed forces of the Socialist Republic of Vietnam 1. The Ordinance on the Vietnam Coast Guard placed under the leadership of the Communist Party of Vietnam, the command of the President of the State, which was adopted by the Standing Committee of and the unified State management of the Government. the Xth National Assembly of the State of the Socialist Republic of Vietnam on March 28, 1998. The Ministry of Defense directly organizes, manages and directs all activities of the Vietnam Coast The President of the State of the Guard. Socialist Republic of Vietnam Article 3.- The Vietnam Coast Guard operates TRAN DUC LUONG from the base line to the outer boundary of the exclusive economic zone and of the continental shelf of Vietnam; it assumes the main responsibility and coordinates with the concerned forces to carry out its tasks. Within the internal waters and the sea ports, the Vietnam Coast Guard shall, when so requested, have ORDINANCE ON THE VIETNAM to coordinate with the local administration, the Border COASTGUARD Guard, the People's Police, the Customs Service, the Communication and Transport service, the Marine In order to increase the efficiency of State Resources Service the Oil and Gas Service and other management in the defense ofnational sovereignty, forces to perform its duties. the sovereign rights, the national jurisdiction rights The modalities for the coordination of activities and security and order in the sea areas and on the and the delineation of concrete areas and continental shelf of Vietnam; responsibilities among the different forces shall be Pursuant to the 1992 Constitution ofthe Socialist decided by the Government. Republic of Vietnam;

Article 4.- The State agencies, the Vietnam Pursuant to the Resolution of the 51h Session of Fatherland Front and its member organizations, the the XJrh National Assembly on the Ratification of the armed forces units, economic organizations, social 1982 United Nations Law ofthe Sea Convention; organizations and all citizens have the duty to Pursuant to the Resolution of the 2nd Session of cooperate with the Coast Guard and assist it in the X1h National Assembly on the Legislative carrying out its duties. 4 OFFICIAL GAZETTE No.14 (20-5-1998) Chapter]] on the sea areas in the region and in the world. Artie~ 9.- The Vietnam Coast Guard has the duty RESPONSIBILITY, TASKS AND POWERS of collecting and handling in time the information OF THE VIETNAM COAST GUARD and supplying to the specialized agencies the necessary infonnation; coordinating with the· other Article S.- Officers and members of the Coast forces in protecting the property of the State, the lives Guard must be absolutely loyal to the Socialist and pro~erty of the persons and means operating Motherland of Vietnam, be possessed of good moral lawfully m the sea areas and on the continental shelf qualities and the necessary professional standard, have of Vietnam; taking part in the search for and rescue a firm grasp of the prescriptions of Vietnam law and operations and overcoming the accidents on sea· the related international conventions which the coordinating with other UDits of the anned forces ~ Socialist Republic of Vietnam has signed or adhered def~ng the national sovereignty and securify" on to, and accomplish all tasks assigned to them. the 1slaruJs and in the sea areas within the territoiy of ~e So~ialist Republic of Vietnam and the sovereign Officers and members of the Coast Guard must nghts m the exclusive economic zone and on the not misuse their positions, powers and working posts continental shelf ofthe Socialist Republic of Vietnam. to damage the interests of the State or the legal rights and legitimate interests of the organizations and

Article I 0.- When detecting persons or means with individuals. signs of violating the laws of Vietnam and related international conventions which the Socialist Republic

Article 6.- Within the territorial waters and the ofVietnamhas signed or acceded to, the Vietnam Coast contiguous water areas of the Socialist Republic of Guard has the right to check and inspect; if it detects Vietnam, the Vietnam Coast Guard has the duty to actsofviolationitshalldecidetoimposeadministmtive conduct .checks and control according to the sanctions as prescribed by law, force the persons and prescriptions of Vietnam law and related international means concerned to end their acts of violation, leave conventions which the Socialist Republic of Vietnam the water area where they are operating or leave the has signed or adhered to in order to protect its sea area of Vietnam; arrest and detain persons and sovereignty, protect the resources, prevent and combat means when they are caught red handed, record in environmental pollution; preserve security, order and writing their violations and send the report to the safety; detect, prevent and combat acts of illegal competent agency for handling according to Jaw. transport of persons, and illegal transport and-trading of goods, weapons, explosives, narcotics and stimulants; and combat acts ofsmuggling. sea piracy Article 11.- Jn case the law-breaking persons and and other law-breaking acts. means refuse to heed the flash order, resist or attempt to flee, the Vietnam Coast Guard has the right to use coercive measures, perfonn its right ofpursuit or other

Article 7.- In the exclusive economic zone and on rights under the law of Vietnam and the related the continental shelf of the Socialist Republic of international conventions which the Socialist Vietnam, the Vietnam Coast Goard has the duty to Republic of Vietnam has signed or acceded to. patrol and control according to the provisions of Vietnam law and related international conventions

Article 12.- Jn emergency circumstances when it which the Socialist Republic of Vietnam has signed isnecessaiyto pursue Jaw-breaking persons or means, or adhered to in order to defend its sovereign rights and jurisdiction rights; prevent and combat to rescue victims of accidents or cope with a serious environmental pollution; detect, prevent and combat environmental accident, the Vietnam Coast Guard is acts of sea piracy, transportation of slaves, illegal entitled to mobilize manpower and means of any Vietnamese organization and individual, but it has to transportation and trading of narcotics and return them to their owners immediately when the stimulants. emergency situation has ended. In case the mobilized means are damaged or lost, the Coast Goard unit shall

Article 8.- The Vietnam Coast Guard has the duty have to make compensations, and if the mobilized of performing international cooperation within the persons are injured or dead, their cases shall be scope of its functions and tasks as provided for by handled according to the policies ofthe State. Vietnam law and the related international conventions which the Socialist Republic of Vietnam has signed In case of emergency, if the persons and means of or adhered to in order to contribute to the Vietnamese organizations and individuals cannot be safeguarding of security, order and peace and stability mobilized, or if such mobilization still fails to cope No.14 (20-5-1998) OFFICIAL GAZETTE 5 with the emergency, the Vietnam Coast Guard may Government. ask foreign persons and means operating in the sea The organization of the staff and the specific areas and on the continental shelf of Vietnam to assist equipment of the Vietnam Coast Guard shall be as provided for by Vietnam law and related provided by the Minister of Defense. international conventions which the Socialist Republic of Vietnam has signed or acceded to. Arlicle 16.- The Vietnam Coast Guard is composed of officers, professional armymen, non-commissioned

Article 13.- The Coast Guard is allowed to open officers, rank- and-file and defense workers fire in the following cases: (con.monly referred to as officers and members of the Coast Guard). 1. When the law breaking person (or persons) use weapons to resist or other means to directly threaten the life of members of the Coast Guard and the Article 17.- The appointment, dismissal, security of their means; demotion; advancement, promotion, demotion or removal of the military grade of officers and members 2. When the persons or means under pursuit take of the Coast Guard shall be conducted as follows: serious acts of violation which, unless weapons are 1. For officers, it shall be carried out according to used, may enable such persons and means to escape; the Law on Officers of the Vietnam People's Army; 3. To protect citizens whose life is directly 2. For professional armymen, non commissioned threatened by others. officers and rank- and- file, it shall comply with the In cases where opening fire is warranted under Law on Military Service Duty; this Article, officers and members of the Coast Guard shall be allowed to open fire on the subject but only 3. For defense workers, it shall comply with the after ordering them to stop or after firing warning prescriptions of law. shots without success, save in emergency cases; in complicated circumstances of serious consequence for Article 18. - The regime of service of officers and the national sovereignty and security, but in this case members of the Coast Guard shall comply with the it must report to the competent authority for decision. legal documents for the Vietnam People's Army and other prescriptions oflaw.

Article 14.- While on duty, the Coast Guard has the right to order sanctions for administrative Article 19.- The Vietnam Coast Guard has its violations and apply measures to prevent acts of own flag, insignia and uniform prescribed by the administrative violation. Government The sanctioning of the administrative violations While on duty, the ships and boats and other means and the application of preventive measures against of the Coast Guard shall fly the national flag and the such acts shall follow the prescriptions of the flag of the Coast Guard; the officers and members of Ordinance on Handling Administrative Violations and the Coast Guard shall wear its own uniform and other prescriptions of Vietnam law and the related insignia. international conventions which the Socialist Republic of Vietnam has signed or acceded to. Chapter IV The competence of the Coast Guard in the sanctioning of adminis•rative violations and in the STATE MANAGEMENT OF THE application of preventive measures against them. and VIETNAM COAST GUARD the forms and level of sanction for each type of administrative violations shall be prescribed by the Government. Article 20.- The State management of the Vietnam Coast Guard consists of the following: Chapter Ill 1. To issue and guide the implementation of the regulatory documents on the Coast Guard; ORGANIZATION OF THE VIETNAM COASTGUARD 2. To define the system of organization, leadership and command of the Coast Guard;

Article 1S. - The organization and activities of the Vietnam Coast Guard shall be prescribed by the 3. To provide for and organize the training and 6 OFFICIAL GAZETTE No.14 (20-5-1998) fostering of the contingent of officers and members Article 23.- The expenditures in the organization, of the Coast Guard; building and activities of the Vietnam Coast Guard shall be assured by the State budget. 4. To provide for and carry out the regimes and policies toward the Coast Guard; Chapter VI 5. To check and inspect the activities of the Coast Guard, to settle the complaints and denunciations and COMMENDATIONS AND HANDLING OF handle the violations oflaw in the activities of the VIOLATIONS Coast Guard.

Article 24.- Officers and members of the Coast

Article 21.- Guard who make meritorious records in their work 1. The Government carries out unified State and combat shall be commended and rewarded management over the Vietnam Coast Guard. according to prescriptions of law. 2. The Ministty of Defense is responsible to the Officers and members of the Coast Guard who Government for the conduct of State management in violate discipline shall be dealt with according to the the organization and operations of the Vietnan1 Coast Discipline Rules of the Vietnam People's Army. If Guard; the guidance, promotion, inspection, they commit violations against law they shall, organization and coordination with the Ministries, depending on the character and extent of the the ministerial level Agencies, the Agencies attached violations, be subjected to discipline or examined for to the Government, the People's Committees of the penal liability. provinces and cities directly under the Central Government in the building, organization and Article 25.- Organizations and individuals with operations of the Vietnam Coast Guard. meritorious records in the defense of sovereignty, the sovereign rights, security, order and safety in the sea 3. The Ministries, the ministerial-level Agencies, areas and on the continental shelf of Vietnam, who the agencies attached the Government, within the help the Coast Guard to carry out its duties shall be scope of their tasks and powers, have the responsibility commended and rewarded according to prescriptions to coordinate with the Ministry of Defense in oflaw. performing State management over the activities of the Vietnam Coast Guard. The persons who take law-breaking acts in the defense of sovereignty, sovereign rights and security, 4. The People's Committees of the provinces and order and safety in the sea areas and on the continental cities directly under the Central Government, within shelf of Vietnam, who obstruct the implementation the scope of their tasks and powers, have the of the duty of the Vietnam Coast Guard shall, responsibility to coordinate with, support and create depending on the character and extent of the conditions for the Vietnam Coast Guard to perform its violations, subjected to administrative sanctions or duties. shall be examined for penal liability, 5. The Government shall issue a regulation on the Chapter VII coordination between the Ministiy of Defense and the other Ministries, the ministerial-level Agencies, the Agencies attached to the Government, the People's IMPLEMENTATION PROVISIONS Committees of the provinces and cities directly under the Central Government in performing State mana- Article 26.- This Ordinance takes effect from gement over the activities of the Vietnam Coast Guard. September l't, 1998. Chapter V Article 27.- The Government shall stipulate details and guide the implementation of this Ordinance. REGIMES AND POLICIES TOWARD Hanoi, March 28, 1998 OFFICERS AND MEMBERS OF THE COASTGUARD On behalf of the Standing Committee

Article 22.- Officers and members of the Coast of the National Assembly Guard shall enjoy the same regimes and policies as Chairman officers and members of the Vietnam People's Army. NONG DUC MANH