Chương III Luật Cảnh sát biển Việt Nam 2018: Hoạt động của cảnh sát biển Việt Nam

Chapter III

ACTIVITIES OF VIETNAM COAST GUARD

SECTION 1. SCOPE OF ACTIVITIES AND WORKING MEASURES OF VIETNAM COAST GUARD

Article 11. Scope of activities performed by Vietnam Coast Guard

1. Vietnam Coast Guard shall operate in the territorial waters of Vietnam in order to implement functions, duties and powers as provided herein.

2. In the case of serving humanitarian or peaceful purposes, combating, preventing and controlling crimes and violations of law, the Vietnam Coast Guard may operate outside the territorial waters of Vietnam; while on duty, shall be required to comply with the laws of Vietnam, international treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements related to the functions, tasks and powers of the Vietnam Coast Guard.

Article 12. Working measures of Vietnam Coast Guard

1. Vietnam Coast Guard shall implement mass mobilization, diplomatic, economic, scientific-technical, professional and armed measures to defend national security, maintain order and safety at sea as provided in law.

2. The Vietnam Coast Guard’s Commander shall decide to use working measures as provided for in clause 1 of this Article and take responsibility before law and the superior for its decision.

SECTION 2. ENFORCEMENT OF LAW AT SEA BY VIETNAM COAST GUARD

Article 13. Patrol, inspection and control

1. Vietnam Coast Guard shall patrol, inspect and control people, vessels, cargoes and luggage in order to detect, prevent and handle law violations at sea.

2. Cases of stopping boats and vessels for inspection shall include:

a) Directly discovering violations of law or signs of violation of law;

b) Discovering and recording violations of law or signs of violation of law through technical and professional means and equipment;

c) Filing accusations, denunciations and reports of crimes and violations of law;

d) Submitting written requests by competent authorities for the chase and detention of persons, boats, vessels and means in violation of law;

dd) The violator voluntarily testifies about violations of law.

3. While performing the tasks of patrol, inspection and control, the Vietnam Coast Guard must display the colors of its vessels, aircraft and other means; pennants, insignia, identity signs and uniform in accordance with Article 29 and 31 hereof.

4. Entities and persons operating in the territorial waters of Vietnam shall be responsible for submitting to the inspection and control of the Vietnam Coast Guard.

5. The Minister of National Defense shall regulate the procedures for patrol, inspection and control of the Vietnam Coast Guard.

Article 14. Use of weapons, explosives and other accessories

1. While on duty, officers and soldiers of the Vietnam Coast Guard shall be entitled to use military weapons, explosive materials and other accessories, and may fire military guns, under the provisions of the Law on Management and Usage of Weapons, Explosives and Other Accessories.

2. Apart from cases of firing military guns as per the Law on Management and Use of Weapons, Explosives and Other Accessories, when performing the task of fighting against crimes and law violations, and maintaining security, order and safety, officers and soldiers of the Vietnam Coast Guard shall be allowed to open fire on ships and boats at sea, except for vessels, boats or ships of foreign diplomatic missions, consulates and representative missions of international organizations, vessels carrying passengers or holding hostage, in order to stop vessels, boats or ships:

a) If operators of these vessels, ships or boats attack or directly threaten lives of law enforcers or other persons;

b) If it is determined that the ship or vessel operated by the offender is trying to run away; 

c) If it is determined that the ship or vessel carrying offenders or illegally transporting weapons, explosives, reactionary documents, state secrets, drugs or national treasure is attempting to run away;

d) If a person committing the act of piracy or armed robbery under the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party or criminal legislation tries to run away aboard the ship or vessel.

3. In case of firing under clause 2 of this Article, officers and soldiers of the Vietnam Coast Guard must warn by actions, orders, speech or shoot into the air before opening fire on boats or vessels; must obey the orders of competent persons when performing organized tasks.

Article 15. Use of technical and professional means and equipment

1. The Vietnam Coast Guard shall use the technical and professional means and equipment and the achieved results to analyze, evaluate and forecast the situation that may happen in the course of the protection of national sovereignty, sovereign rights, jurisdiction and national security and interests of the Homeland and people at sea; detect, arrest, investigate and handle crimes and law violations according to legislation on handling of administrative violations and violations against the criminal procedure law.

2. Technical and professional means and equipment of the Vietnam Coast Guard before being put to use must be inspected, calibrated, tested and strictly follow the prescribed process, and ensure safety according to the provisions of law.

3. The Government shall regulate the management, utilization and list of technical and professional means and equipment of the Vietnam Coast Guard.

Article 16. Mobilization of persons, boats, vessels, civil engineering means and equipment

1. Under certain emergency situations, in order to arrest persons, vessels and means in violation of law; carry out search and rescue missions; respond to and mitigate serious marine environmental incidents, officers and soldiers of the Vietnam Coast Guard may mobilize people, boats or vessels and civil engineering means and equipment of other Vietnamese entities and persons.

2. The mobilization stated in clause 1 of this Article must depend on the actual capabilities of mobilized persons, boats, vessels or civil engineering means or equipment which must be returned immediately after emergency situations no longer exit.

In cases where the persons and properties mobilized to perform those tasks are damaged, they shall enjoy compensation and other remuneration policies under the provisions of clause 3 of Article 6 hereof; those entities whose officers and soldiers are mobilized shall be obliged to deal with compensation issues that may arise according to the provisions of law.

3. Vietnamese entities and citizens shall take responsibility for submitting to the mobilization by the Vietnam Coast Guard.

4. Under certain emergency situations, in order to arrest persons, vessels and means in violation of law; carry out search and rescue missions; respond to and mitigate serious marine environmental incidents, officers and soldiers of the Vietnam Coast Guard may request any aid or support from foreign entities and persons operating in the territorial waters of Vietnam.

Article 17. Exercise of the right to chase boats and vessels at sea

1. Vietnam Coast Guard shall exercise the right to chase a boat and vessel at sea in the following situations:

a) It breaches national sovereignty, sovereign rights and jurisdiction;

b) It does not follow stop signals or commands of the Vietnam Coast Guard in the case specified in clause 2 of Article 13 herein;

c) The Vietnam Coast Guard implements international cooperation in chasing activities;

d) Other situations arise as provided by law.

2. The scope, competence and order of chasing ships at sea by ​​the Vietnam Coast Guard shall conform to the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 18. Announcement, notice and change of maritime security levels

The Vietnam Coast Guard’s Command Board shall announce the level or change of level of maritime security and notify the competent authority thereof; receive and process information on maritime security; notify the appropriate maritime security measures to be applicable to vessels operating in the Vietnamese territorial waters.

SECTION 3. INTERNATIONAL COOPERATION OF THE VIETNAM COAST GUARD

Article 19. International cooperation principles

1. Carry out international cooperation on the basis of complying with the laws of Vietnam, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements under its jurisdiction; adhere to the basic principles of international law; maintain national independence, sovereignty, sovereign rights and jurisdiction; protect interests of the Homeland and people, legitimate rights and benefits of entities and persons at sea.

2. Promote the internal strength and support and assistance of the international community, and ensure the enforcement of law at sea.

Article 20. Contents of international cooperation

1. Prevention and combating of piracy and armed robbery against boats and vessels.

2. Prevention and combating of drug-related crimes, human trafficking, illegal arms trafficking, terrorism, illegal entry and exit, illegal cross-border trading and transportation of goods, illegal fishery production and other crimes or violations of other laws at sea within the scope of duties and powers of the Vietnam Coast Guard.

3. Prevention and control of pollution, marine environmental incident prevention, response and remediation; control of the conservation of marine resources; protection of marine biodiversity and ecosystems; prevention, response to and warning against natural disasters; provision of humanitarian assistance and response to disasters; search, rescue and salvage at sea within the scope of tasks and powers of the Vietnam Coast Guard.

4. Organization of training and refresher courses, experience exchanges and transfers of equipment, scientific and technological know-how for the purpose of strengthening the capacity of Vietnam Coast Guard.

5. Other international cooperation contents under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the duties and powers of the Vietnam Coast Guard.

Article 21. International cooperation approaches

1. Exchanging information about security, order and safety at sea.

2. Holding or participating in international seminars or workshops on security, order, safety and enforcement of law at sea.

3. Participating in conclusion of international agreements with competent forces of other countries or international organizations in accordance with laws.

4. Cooperating in performing the patrol, inspection and control tasks to maintain security, order, safety as well as ensure compliance with law at sea.

5. Joining training courses or practices; welcoming and pay courteous visits to law enforcement forces on the seas of ​​countries in the region and the world.

6. Carry out the activities of the standing bodies and liaison offices of the Socialist Republic of Vietnam in accordance with the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam Membership and other international agreements.

7. Taking other international cooperation approaches under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party and other international agreements.