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DECREE No.
53/1998/ND-CP OF JULY 21, 1998 ON THE ORGANIZATION AND ACTIVITIES OF
THE VIETNAM MARINE POLICE
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THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant
to the Ordinance on the Vietnam Marine Police of March 28, 1998;
At the
proposal of the Minister of National Defense,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1:
The Vietnam Marine
Police is organized according to the Ordinance on the Vietnam Marine
Police of March 28, 1998.
Its
international transaction name in English is Vietnam Marine Police.
The
Ministry of Defense shall directly organize, manage and direct all
activities of the Vietnam Marine Police.
Article 2:
All activities of
the Vietnam Marine Police must comply with the prescriptions of
Vietnamese law; respect and observe the related international
conventions which the Socialist Republic of Vietnam has signed or
adhered to.
Article 3:
All organizations,
individuals and means operating in the sea areas from the base line to
the outer border line of the exclusive economic zone and the continental
shelf of the Socialist Republic of Vietnam shall have to submit to the
control and inspection by the Vietnam Marine Police in assuring
security, order and safety and observing Vietnamese law and the related
international conventions which the Socialist Republic of Vietnam has
signed or adhered to.
Chapter II
ORGANIZATIONS AND
EQUIPMENT OF VIETNAM MARINE POLICE
Article 4:
The Organizational
system of the Vietnam Marine Police includes:
1.
The Vietnam Marine Police Department.
2.
The Marine Police Sectors. The structure of a Marine Police
Sector comprises Regiments, Groups and Squads of Marine Police.
3.
The Training School of Marine Police.
The
concrete organization, division and equipment of the Marine Police
agencies and units shall be provided for by the Minister of Defense.
Article 5:
The Head of the
Marine Police Department shall be appointed by the Prime Minister at the
proposal of the Minister of Defense. He is assisted by a number of
Deputy Department Heads to be appointed by the Minister of Defense.
The
Marine Police Department has the legal person status and a seal of its
own, has a budget for organization, building and operations supplied by
the State budget, can open its own accounts at the State Treasury, and
has its head office in Hai Phong, its permanent office in Hanoi and its
representative in Ho Chi Minh City.
Article 6:
The Marine Police
Sectors are organized correspondingly with the Navy Sectors. The
Commander of a Marine Police Sector shall be appointed by the Minister
of Defense at the proposal of the Head of the Marine Police Department.
Article 7:
The Vietnam Marine
Police is supplied with the necessary means, weapons and equipment to
carry out its tasks.
Article 8:
The service flag,
insignia and uniform of the Vietnam Marine Police are provided for as
follows:
1.
Ensign:
a)
The
command flag has the shape of an isosceles color marine blue, 1.5m high,
1m at the base, the national emblem in the center with a yellow arrow
crossing in the background.
The command flag
shall be hung on a mast 2.5m high planted at the stern.
b)
The
insignia has two parallel stripes, one color orange and the other color
white, running from the upper edge of the hull to the water level.
The first stripe
color orange lies at the end of the ship bow adjacent to the front point
of the hull at 300C -400C, 0.5m-1m
large (depending on the size of the ship) next to the second stripe
color white at a breadth of ¼ of the first stripe.
The insignia
number is depicted on either side of the ship.
c)
The
ship hull is painted in marine blue, the command tower is painted in
white.
On the ship
hull:
+ On the
stem two command stripes with the number of the ship painted in white.
+ On the
stem two command stripes in white capital letters.
CANH SAT BIEN
VIET NAM (upper line)
VIETNAM MARINE
POLICE (lower line)
2.
Service insignia
The
service insignia
The
service insignia of the Vietnam Marine Police has the shape of a shield
on a dark blue background with a 2 mm red brim and an anchor at the
center flanked by two rice ears and the red lettered CSB underneath and
a five-point star overhead.
3.
Uniform
a)
The
military badge of the Vietnam Marine Police is round in form, 33 mm in
diameter, with a golden star interlaced with a dark blue anchor on a
crimson background, surrounded by tow rice ears, with a golden
half-wheel marked with the letters CSB in red.
The military
badge in service is framed by a double laurel:
+ General rank:
golden double laurel
+ Colonel rank,
company and non commissioned officers, rank-and-file: double laurel
silver color.
b)
Rank
badges and insignias of the Vietnam Marine Police shall conform with
Decree No. 74-HDBT of April 26, 1982 of the Council of Ministers (now
the Government) concerning the “Regulations on military signs, rank
badges, insignias and ceremonial uniform of the Vietnam People’s Army”,
Decree No. 78-HDBT of March 27, 1991 of the Council of Ministers (now
the Government) on “Modifying and supplementing Decree No. 74-HDBT of
April26, 1982” and Decree No. 61-CP of October 21, 1996 of the
Government on “Modifying and supplementing the regulations on the
insignias, badges and ranks of professional armymen”. In particular,
with regard to the Vietnam Marine Police there are the following
amendments and modifications:
- Background of
rank badge: color dark blue
- Border of rank
badge: color yellow
- Rank button:
with an anchor figure and the letters CSB in red.
- Background of
insignia: color dark blue, figure on insignia like figure of rank badge.
c)
The
uniform of the Vietnam Marine Police comprises two categories, one for
winter and the other for summer.
The Ministry of
Defense shall make concrete provisions for the regime of annual
equipment, style and form of tailoring.
Article 9:
While on duty the
ships, boats and other means of the Vietnam Marine Police have to fly
the National Flag and the Command Flag of the Marine Police; the
officers and troops of the Police; the officers and troops of the Marine
Police must wear the badge and the prescribed uniform.
Chapter III
ACTIVITIES OF THE
VIETNAM MARINE POLICE
Article 10:
The Vietnam Marine
Police carries out its managerial function for security, order and
safety and ensures the observance of the law of the Socialist Republic
of Vietnam and the related international conventions which the Socialist
Republic of Vietnam has signed or adhered to in the sea areas and on the
continental shelf of the Socialist Republic of Vietnam.
Article 11:
The Head of the
Marine Police Department is the Head of the Vietnam Marine Police. He
leads and directs according to the regime of chief responsible person on
the basis of ensuring the principle of democratic centralism.
The Head
of the Marine Police Department has the duty to direct and organize the
operations of the Vietnam marine Police and coordinate actions with he
related forces in carrying out the tasks and powers defined in the
Ordinance on the Vietnam Marine Police.
The Head
of the Marine Police Department shall assign responsibilities to the
Deputy Heads of Department in each domain of work or each duty; he shall
have to use effectively the assistant agencies and permanently educate
the officers and men under his authority to raise their sense of
responsibility and their standards.
Article 12:
The Marine Police
Sectors shall have to carry out their tasks and powers defined in the
Ordinance on the Vietnam Marine Police.
Following is the allocation of managerial powers to the Marine Police
Sectors:
1.
Sector 1 shall manage the sea areas and the continental shelf
from the estuary of Bac Luan river in Quang Ninh province to Mui Doc in
Ha Tinh province.
2.
Sector 3 of manages the sea areas and the continental shelf from
Mui Doc in Ha Tinh province to Cu Lao Xanh in Binh Dinh province.
3.
Sector 4 manages the sea areas and the continental shelf from Cu
Lao Xanh in Binh Dinh province to the northern bank of Dinh An estuary
in Soc Trang province.
4.
Sector 5 manages the sea areas and the continental shelf from the
northern bank of Dinh An estuary in Soc Trang province to Ha Tien in
Kien Giang province.
Article 13:
The Commander of a
Marine Police Sector is the man who derectly commands and organizes the
direction of the Marine Police units under his authority to carry out
the tasks within their scope of activity; he shall keep in touch and
closely coordinate with the commanders of the units of Border Guards and
the related forces in the discharge of his duty.
The
Commander of a Marine Police Sector shall have to regularly educate and
raise the sense of responsibility and standard of the officers and men
under his authority.
Article 14:
The Commander of a
Marine Police Sector shall organize and implement the regime of guard
duty on each sea area, the plan of regular and irregular patrol of the
Marine Police under his authority.
When
detecting signs of violation of law on the sea or on orders from the
higher authority, the Commander of a Marine Police Sector shall have to
mobilize the forces and means under his authority to expeditiously
arrive at the place where the violation occurs in order to deal with it
according to his competence.
Article 15:
The officers and
men of the Marine Police shall perform the duties and have concrete
powers defined at the Ordinance on the Vietnam Marine Police and
coordinate with the related forces on the sea in carrying out their
activities in order to regularly and continuously monitor the situation
on the sea, promptly detect and take cognizance of the incidents and
accidents and handle them according to their competence or record them
into the dossier of violation and at the same time report them urgently
to their immediate higher level of command.
Article 16:
Within the
internal waters, when requested, the Vietnam Marine Police shall have to
coordinate and assist the other specialized forces in carrying out their
tasks, and ensure the activities on the sea in conformity with the
prescriptions of law; in case the Vietnam Marine Police itself detects
violations of law it shall have to immediately inform the specialized
forces, temporarily detain the persons and means that are caught in the
act of violation, then hand them over to the competent agency to handle
according to the provisions of law.
Article 17:
Within the area
from the base line to the outer boundary of the exclusive economic zone
and continental shelf of Vietnam, the Vietnam Marine Police shall
independently carry out the tasks and powers provided for in the
Ordinance on the Vietnam Marine Police. In cases of necessity, the
Vietnam Marine Police may coordinate with the related specialized forces
to carry out activities in order to maintain the observance of law and
handle the acts of violation of law; the related branches may assign to
the Vietnam Marine Police a number of given activities under its
function and professional task and within the contents and scope of
assignment to be defined by the Ministry of Defense and the related
Ministries and branches.
Chapter IV
AWARDS AND
HANDLING OF VIOLATIONS
Article 18:
Officers and men
of the Marine Police with meritorious records in the implementation of
their tasks shall be awarded according to the common regulations of the
State.
Article 19:
Officers and men
of the Marine Police who violate the provisions of this Decree and
related provisions of law or who show irresponsibility and fail to
accomplish their tasks shall, depending on the character and extent of
the violation, be disciplined or examined for penal liability as
prescribed by law.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 20:
This Decree takes
effect on the 1st of September 1998.
Article 21:
The Minister of
Defense, the Head of the Vietnam Marine Police Department, the other
Ministers, the Heads of ministerial-level agencies, the Heads of
agencies attached to the Government, the Presidents of the People’s
Committees of the provinces and cities directly under the Central
Government shall have to implement this Decree.
On behalf of the
Government
Prime Minister
PHAN VAN KHAI |
