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THE STATE
PRESIDENT
ORDER No. 3-L/CTN OF APRIL 7, 1998 TO PROMULGATE THE ORDINANCE ON THE
VIETNAM COAST GUARD
THE PRESIDENT OF
THE STATE OF THE SOCIALIST
REPUBLIC
OF VIETNAM
Pursuant to Article 103 and Article 106 of the 1992 Constitution of the
Socialist
Republic
of Vietnam;
Pursuant to Article 78 of the Law on Organization of the National
Assembly;
Pursuant to Article 51 of the law on Promulgation of Legal Documents,
PROMULGATES:
The
Ordinance on the Vietnam Coast Guard
which
was adopted by the Standing Committee of the Xth National
Assembly of the Socialist Republic of Vietnam on March 18,
1998.
The President of the Socialist Republic
of Vietnam
TRAN DUC LUONG
-----------------------------------------
ORDINANCE ON THE VIETNAM COAST GUARD
In
order to increase the efficiency of State management in the defense of
national sovereignty, the sovereign rights, the national jurisdiction
rights and security and order in the sea areas and on the continental
shelf of Vietnam;
Pursuant to the 1992 Constitution of the Socialist
Republic
of Vietnam;
Pursuant to the Resolution of the 5th Session of the XIth
National Assembly on the Ratification of the 1982 United Nations Law of
the Sea Convention;
Pursuant to the Resolution of the 2nd Session of the Xth
National Assembly on the Legislative Program in 1998;
This
Ordinance provides for the
Vietnam
Coast
Guard,
Chapter I
GENERAL PROVISION
Article 1:
The Vietnam Coast
Guard is a specialized force of the State to perform the function of
managing security, order and safety and ensuring the enforcement of
Vietnam law and 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.
The
Vietnam Coast Guard operates according to the regulations of this
Ordinance and other regulations of
Vietnam law.
Article 2:
The Vietnam Coast
Guard is one of the armed forces of the Socialist Republic of Vietnam
placed under the leadership of the Communist Party of Vietnam, the
command of the President of the State, and the unified State management
of the Government.
The
Ministry of Defense directly organizes, manages and directs all
activities of the Vietnam Coast Guard.
Article 3:
The Vietnam Coast
Guard operates 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 to coordinate with the local administration, the
Border Guard, the People’s Police, the Customs service, the Maritime
Resources Service the Oil and Gas Service and other forces to perform
its duties.
The
modalities for the coordination of activities and the delineation of
concrete areas and responsibilities among the different forces shall be
decided by the Government.
Article 4:
The State agencies,
the Vietnam Fatherland font and its member organizations, the armed
forces units, economic organizations, social organizations and all
citizens have the duty to cooperate with the Coast Guard and assist it
in carrying out its duties.
Chapter II
RESPONSIBILITIES,
TASKS AND POWERS OF THE
VIETNAM
COAST GUARD
Article 5:
Officers and
members of the Coast Guard must be absolutely loyal to the Socialist
Motherland of Vietnam, be possessed of good moral qualities and the
necessary professional standard, have a firm grasp of the prescriptions
of Vietnam law and the related international conventions which the
Socialist Republic of Vietnam has signed or adhered to, and accomplish
all tasks assigned to them.
Officers and members of the Coast Guard must not misuse their positions,
powers and working posts to damage the interests of the State or the
legal rights and legitimate interests of the organizations and
individuals.
Article 6:
Within the
territorial waters and the contiguous water area of the Socialist
Republic of Vietnam, the Vietnam Coast Guard has the duty to conduct
checks and control according to the prescriptions of Vietnam law and
related international conventions which the Socialist Republic of
Vietnam has signed or adhered to in order to protect its sovereignty,
protect the resources, prevent and combat environmental pollution;
preserve security, order and safety; detect, preserve security, order
and safety; detect, prevent and combat acts of illegal transport of
persons, and illegal transport and trading of goods, weapons,
explosives, narcotics and stimulants; and combat acts of smuggling, sea
piracy and other law-breaking acts.
Article 7:
In the exclusive
economic zone and on the continental shelf of the Socialist Republic of
Vietnam, the Vietnam Coast Guard has the duty to patrol and control
according to the provisions of Vietnam law and related international
conventions which the Socialist Republic of Vietnam has signed or
adhered to in order to defend its sovereign rights and jurisdiction
rights; prevent and combat environmental pollution; detect, prevent and
combat acts of sea piracy, transportation of slaves, illegal
transportation and trading of narcotics and stimulants.
Article 8:
The Vietnam Coast
Guard has the duty of performing international cooperation within the
scope of its functions and tasks as provided for by Vietnam law and the
related international conventions which the Socialist Republic of
Vietnam has signed or adhered to in order to contribute to the
safeguarding of security, order and peace and stability on the sea areas
in the region and in the world.
Article 9:
The Vietnam Coast
Guard has the duty of collecting and handling in time the information
and supplying to the specialized agencies the necessary information;
coordinating with the other forces in protecting the property of the
State, the lives and property of the person and means operating lawfully
in the sea areas and on the continental shelf of Vietnam; taking part in
the search for and rescue operations and overcoming the accidents on
sea; coordinating with other units of the armed forces in defending the
national sovereignty and security on the islands and in the sea areas
within the territory of the Socialist Republic of Vietnam and the
sovereign rights in the exclusive economic zone and on the continentals
shelf of the Socialist Republic of Vietnam.
Article 10:
When detecting
persons or means with signs of violating the laws of Vietnam and related
international conventions which the Socialist Republic of Vietnam has
signed or acceded to, the Vietnam Coast Guard has the right to check and
inspect; if it detects acts of violation it shall decide to impose
administrative sanctions as prescribed by law, force the persons and
means concerned to end their acts of violation, leave the water area
where they are operating or leave the sea area of Vietnam; arrest and
detain persons and means when they are caught red handed, record in
writing their violations and send the report to the competent agency for
handling according to law.
Article 11:
In case the
law-breaking persons and means refuse to heed the flash order, resist or
attempt to flee, the Vietnam Coast Guard has the right to use coercive
measures, perform its right of pursuit or other rights under the law of
Vietnam and the related international conventions which the Socialist
Republic of Vietnam has signed or acceded to.
Article 12:
In emergency
circumstances when it is necessary to pursue law-breaking persons or
means, to rescue victims of accidents or cope with a serious
environmental accident, the Vietnam Coast Guard unit shall have to make
compensations, and if the mobilized persons are injured or dead, their
cases shall be handled according to the policies of the State.
In case
of emergency, if the persons and means of Vietnamese organizations and
individuals cannot be mobilized, or if such mobilization still fails to
cope with the emergency, the Vietnam Coast Guard may ask foreign persons
and means operating in the sea areas and on the continental shelf of
Vietnam to assist as provided for by Vietnam law and related
international conventions which the Socialist Republic of Vietnam has
signed or acceded to.
Article 13:
The Coast Guard is
allowed to open fire in the following cases:
1.
When
the law breaking person (or person) use weapons to resist or other means
to directly threaten the life of members of the Coast Guard and the
security of their means;
2.
When
the persons or means under pursuit take serious acts of violation which,
unless weapons are used, may enable such persons and means to escape;
3.
To
protect citizens whose life is directly threatened by others.
In
cases where opening fire is warranted under this Article, officers and
members of the Coast Guard shall be allowed to open fire on the subject
but only after ordering them to stop or after firing warning shots
without success, save in emergency cases, in complicated circumstances
of serious consequence for the national sovereignty and security, but in
this case it must report to the competent authority for decision.
Article 14:
While on duty, the
Coast Guard has the right to order sanctions for administrative
violations and apply measures to prevent acts of administrative
violation.
The
sanctioning of the administrative violations and the application of
preventive measures against such acts shall follow the prescriptions of
the Ordinance on Handling Administrative Violations and other
prescriptions of
Vietnam law and the
related international conventions which the Socialist Republic of
Vietnam has signed or acceded to.
The
competence of the Coast Guard in the sanctioning of administrative
violations and in the application of preventive measures against them,
and the forms and level of sanction for each type of administrative
violations shall be prescribed by the Government.
Chapter III
ORGANIZATION OF THE
VIETNAM
COAST GUARD
Article 15:
The organization
and activities of the Vietnam Coast Guard shall be prescribed by the
Government.
The
organization of the staff and the specific equipment of the Vietnam
Coast Guard shall be provided by the Minister of Defense.
Article 16:
The Vietnam Coast
Guard is composed of officers, professional armymen, non-commissioned
officers, rank-and-file and defense workers (commonly referred to as
officers and members of the Coast Guard).
Article 17:
The appointment,
dismissal, demotion; advancement, promotion, demotion or removal of the
military grade of officers and members of the Coast Guard shall be
conducted as follows:
1.
For
officers, it shall be carried out according to the Law on Officers of
the Vietnam People’s Army;
2.
For
professional armymen, non commissioned officers and rank-and-file, it
shall comply with the Law on Military Service Duty;
3.
For
defense workers, it shall comply with the prescriptions of law.
Article 18:
The regime of
service of officers and members of the Coast Guard shall comply with the
legal documents for the Vietnam People’s Army and other prescriptions of
law.
Article 19:
The Vietnam Coast
Guard has its own flag, insignia and uniform prescribed by the
Government.
While
on duty, the ships and boats and other means of the Boast Guard shall
fly the national flag and the flag of the Boast Guard the officers and
members of the boast Guard shall wear its own uniform and insignia.
Chapter IV
STATE MANAGEMENT OF
THE VIETNAM
COAST GUARD
Article 20:
The State
management of the Vietnam Coast Guard consists of the following:
1.
To
issue and guide the implementation of the regulatory documents on the
Coast Guard;
2.
To
define the system of organizations, leadership and command of the Coast
Guard;
3.
To
provide for and organize the training and fostering of the contingent of
officers and members of the Coast Guard;
4.
To
provide for and carry out the regimes and policies toward the Coast
Guard;
5.
To
check and inspect the activities of the Coast Guard, to settle the
complaints and denunciations and handle the violations of law in the
activities of the Coast Guard.
Article 21:
1.
The
Government carriers out unified State management over the Vietnam Coast
Guard.
2.
The
Ministry of Defense is responsible to the Government for the conduct of
State management in the organization and operations of the Vietnam Coast
Guard; the guidance, promotion, inspection, organization and
coordination with the Ministries, the ministerial level Agencies, the
Agencies attached to the Government, the People’s Committees of the
provinces and cities directly under the Central Government in the
building, organization and operations of the Vietnam Coast Guard.
3.
The
Ministries, the ministerial-level Agencies, the agencies attached the
Government, within the scope of their tasks and powers, have the
responsibility to coordinate with the Ministry of Defense in performing
State management over the activities of the Vietnam Coast Guard.
4.
The
People’s Committees of the provinces and cities directly under the
Central Government, within the scope of their tasks and powers, have the
responsibility to coordinate with, support and create conditions for the
Vietnam Coast Guard to perform its duties.
5.
The
Government shall issue a regulation on the coordination between the
Ministry of Defense and the other Ministries, the ministerial-level
Agencies, the Agencies attached to the Government, the People’s
Committees of the provinces and cities directly under the Central
Government in performing State management over the activities of the
Vietnam Coast Guard.
Chapter V
REGIMES AND
POLICIES TOWARD OFFICERS AND MEMBERS OF THE COAST GUARD
Article 22:
Officers and
members of the Coast Guard shall enjoy the same regimes and policies as
officers and members of the Vietnam People’s Army.
Article 23:
The expenditures in
the organization, building and activities of the Vietnam Coast Guard
shall be assured by the State budget.
Chapter VI
COMMENDATIONS AND
HANDLING OF VIOLATIONS
Article 24:
Officers and
members of the Coast Guard who make meritorious records in their work
and combat shall be commended and rewarded according to prescriptions of
law.
Officers and members of the Coast Guard who violate discipline shall be
dealt with according to the Discipline Rules of the Vietnam People’s
Army. If they commit violations against law they shall, depending on the
character and extent of the violations, be subjected to discipline or
examined for penal liability.
Article 25:
Organizations and
individuals with meritorious records in the defense of sovereignty, the
sovereign rights, security, order and safety in the sea areas and on the
continental shelf of Vietnam, who help the Coast Guard to carry out its
duties shall be commended and rewarded according to prescriptions of
law.
The
persons who take law-breaking acts in the defense of sovereignty,
sovereign rights and security, order and safety in the sea areas and on
the continental shelf of Vietnam, who obstruct the implementation of the
duty of the Vietnam Coast Guard shall, depending on the character and
extent of the violations, subjected to administrative sanctions or shall
be examined for penal liability.
Chapter
VII
IMPLEMENTATION
PROVISIONS
Article 26:
This Ordinance
takes effect from September 1st, 1998.
Article 27:
The Government
shall stipulate details and guide the implementation of this Ordinance.
On behalf of the
Standing Committee of the National Assembly
Chairman
NONG DUC MANH |
