Chương III Nghị định 71/2015/NĐ-CP về quản lý hoạt động của người, phương tiện trong khu vực biên giới biển nước Việt Nam: Trách nhiệm xây dựng, quản lý, bảo vệ khu vực biên giới biển

Chapter III

RESPONSIBILITIES TO BUILD, MANAGE AND PROTECT MARITIME BOUNDARY AREAS

Article 17. The Ministry of National Defense

1. To assume the prime responsibility for, and coordinate with other ministries, sectors and provincial-level People’s Committees of coastal localities in, performing the state management of national borders; and organizing the implementation of policies, master plans, plans and investment projects on management and protection of maritime boundary areas in accordance with law.

2. To assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment and related ministries and sectors in, formulating a regulation on coordination among forces tasked to build, manage and protect national borders, protect political security and maintain social order and safety in maritime boundary areas in accordance with law; and carrying out search and rescue activities in maritime boundary areas.

3. To manage and supervise economic and national defense activities in maritime boundary areas.

4. To mobilize and command manpower, vehicles and craft of ministries, sectors, enterprises and localities participating in the protection of sovereignty and sovereign rights in Vietnam’s maritime zones under decisions of competent authorities.

5. To regularly exchange information on and coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in dealing with complicated issues to ensure security and social order and safety in maritime boundary areas and at sea, and to protect national sovereignty and sovereign rights over sea; to coordinate with ministries and sectors in examining operation licenses of vehicles and craft operating in maritime boundary areas related to the state management fields of ministries and sectors.

6. To direct Border Guard, Navy and Coast Guard forces to coordinate with customs, waterway traffic police, fisheries resources surveillance and other forces operating in maritime boundary areas in patrolling, controlling, detecting, preventing and handling violations in maritime boundary areas; protecting national sovereignty, sovereign rights, security and order in Vietnam’s maritime zones; and protecting fishing activities of fishermen and lawful activities of persons, vehicles and craft in maritime boundary areas and maritime zones and on islands of Vietnam.

7. To direct Border Guard forces:

a/ To assume the prime responsibility for, and coordinate with army units garrisoned in maritime boundary areas, People’s Public Security forces, local administrations and related agencies in, managing and protecting national maritime boundaries; protecting political security and maintaining social order and safety in maritime boundary areas in accordance with law;

b/ To coordinate with People’s Public Security forces, local administrations and related agencies in managing foreigners studying, working or carrying out production and business activities in economic zones within or partly within maritime boundary areas; inspecting and controlling foreigners’ exit from, entry into, transit through or residence in economic zones and seaport border gates in accordance with law;

c/ To advise People’s Committees of all levels in coastal localities on developing plans, programs, contents and measures to launch the “All people participate in protecting sovereignty and sovereign rights” movement; strengthening political bases and building maritime boundary areas which are strong in economy, politics, socio-culture, national defense, security and foreign relations;

d/ To implement various measures and arrange and use forces, means, weapons and supporting tools to manage and protect national maritime boundaries, protect political security and maintain social order and safety in maritime boundary areas, and perform military and border-guard diplomacy in accordance with law;

dd/ To arrange fixed and mobile control stations for checking and controlling persons, vehicles and craft entering, leaving or operating in maritime boundary areas; to supervise vessels in maritime boundary areas in accordance with law;

e/ To assume the prime responsibility for, and coordinate with related agencies and units in, reaching agreement on the provision of information on the operation of vessels in maritime boundary areas; annually, to assume the prime responsibility for, and coordinate with Public Security forces in, managing and counting the number of foreigners entering maritime boundary areas, prohibited zones and restricted areas in maritime boundary areas and zones of suspension of innocent passage and zones of restriction of innocent passage in the territorial sea;

g/ To coordinate with Public Security forces in performing the state management of foreigners’ entry into, exit from, transit through and residence in maritime boundary areas and economic zones; to handle violations of the law on entry into, exit from, transit through and residence in maritime boundary areas and seaport border gates;

h/ To assume the prime responsibility for, and coordinate with functional forces operating in maritime boundary areas and maritime zones of Vietnam in, protecting, supervising, maintaining, and handling violations of regulations on, restricted areas and prohibited areas in maritime boundary areas and zones of suspension of innocent passage and zones of restriction of innocent passage in the internal waters and territorial sea.

Article 18. The Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees of costal localities in, drawing up plans on protection of national security, combining security and order in maritime boundary areas with security and order in the inland; to coordinate with the Ministry of National Defense in providing professional guidance and training for Border Guard forces in fighting crimes, protecting political security and maintaining social order and safety in maritime boundary areas.

2. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in, promulgating a regulation on coordination in ensuring security and social order and safety and fighting crimes and other violations in maritime boundary areas.

3. To direct provincial-level Public Security Departments of coastal localities in coordinating with Border Guard forces in protecting political security and maintaining social order and safety in maritime boundary areas.

Article 19. The Ministry of Foreign Affairs

1. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees of coastal localities in, implementing treaties concerning national maritime boundaries to which Vietnam is a contracting party.

2. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees of coastal localities in, advising the Government on negotiating and dealing with arising issues related to maritime boundary areas.

3. To coordinate with the Ministry of National Defense in formulating a regulation on coordination in dealing with cases and matters, providing information and documents, and providing guidance on foreign-relation operations; and in reviewing the building, management and protection of maritime boundary areas.

Article 20. The Ministry of Planning and Investment

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, the Ministry of Finance, other related ministries and sectors and provincial-level People’s Committees of coastal localities in, allocating funds for the building, management and protection of maritime boundary areas according to the current regulations on state budget decentralization for submission to competent authorities for decision.

2. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees of coastal localities in, developing strategies, mechanisms and policies on economic development associated with protection of national sovereignty, national defense, security and social order and safety in maritime boundary areas.

Article 21. The Ministry of Finance

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, related ministries and sectors and provincial-level People’s Committees of coastal localities in, allocating regular funds for the building, management and protection of maritime boundary areas according to the current state budget decentralization for submission to competent authorities for decision.

2. To coordinate with other related ministries and sectors and provincial-level People’s Committees of coastal localities in developing mechanisms and financial policies to facilitate socio-economic development in maritime boundary areas.

Article 22. The Ministry of Agriculture and Rural Development

1. To direct the Directorate of Fisheries to coordinate with the Border Guard and Coast Guard forces and functional forces in inspecting and controlling fishing activities at sea, ensuring safety for fishermen in Vietnam’s maritime zones; to direct forest protection forces to coordinate with Border Guard forces and administrations of coastal localities in managing and protecting coastal protection forests.

2. To guide and organize the reporting on and notification of developments at sea related to the protection of national sovereignty and sovereign rights and fishing activities of fishermen.

3. To coordinate with the Ministry of Justice, provincial-level People’s Committees of coastal localities, Border Guard and Coast Guard forces and the Ministry of Foreign Affairs (the National Border Committee) in compiling documents and organizing public information and education for fishermen to raise their awareness and sense of responsibility about the protection of national sovereignty and sovereign rights over sea.

Article 23. The Ministry of Transport

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, other related ministries and sectors and provincial-level People’s Committees of coastal localities in, guiding and examining the implementation of measures to ensure inland waterway navigation safety and maritime safety in association with protecting national sovereignty, sovereign rights, defense, security and social order and safety in maritime boundary areas.

2. To direct Maritime Administrations and Inland Waterway Administrations to coordinate with regional Border Guard Commands, Border Guard Flotillas and Coast Guard Commands in examining and controlling the operation of waterway craft in maritime boundary areas and ensuring security and order of navigable channels.

3. To direct the Vietnam Maritime Administration to assume the prime responsibility for, and coordinate with Border Guard forces and related agencies and units in, organizing maritime search and rescue drills and maritime security drills in seaport waters and maritime zones of Vietnam in accordance with law.

Article 24. The Ministry of Natural Resources and Environment

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, other related ministries and sectors and provincial-level People’s Committees of coastal localities in, developing programs, plans, master plans and projects on exploitation and use of marine natural resources and protection of marine environment in combination with protection of national sovereignty, national defense and security in maritime boundary areas.

2. To coordinate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs and other related ministries and sectors in developing strategies, policies and schemes on national defense, security and diplomacy in combination with socio-economic development in maritime boundary areas; to participate in appraising master plans and schemes on establishment of marine reserves in maritime boundary areas.

3. To coordinate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Justice, other related ministries and sectors and provincial-level People’s Committees of coastal localities in, conducting public information on seas and islands, and examining and controlling the research, investigation, survey, exploration, exploitation and use of marine resources and protection of marine environment in maritime boundary areas.

Article 25. Related ministries and sectors

Within the ambit of their functions, tasks and powers, to coordinate with the Ministry of National Defense in building, managing and protecting national maritime boundaries, protecting political security and maintaining social order and safety in maritime boundary areas; to direct agencies, units and forces under their management, when operating at sea, to closely coordinate with Border Guard and Coast Guard forces in rendering assistance when necessary and participate in protecting national sovereignty, sovereign rights and jurisdiction at sea, protecting political security and maintaining social order and safety in maritime boundary areas.

Article 26. People’s Committees of coastal localities

1. To perform the state management of national borders in their localities as decentralized; to build maritime boundary areas which are strong in politics, economy, society, national defense and security; to combine infrastructure construction and socio-economic development with strengthening and enhancement of national defense and security in maritime boundary areas.

2. To direct departments, sectors and functional forces to coordinate with Border Guard forces and related agencies in building, managing and protecting national maritime boundaries; protecting political security, maintaining social order and safety and fighting crimes in maritime boundary areas in accordance with law; providing information on waterway craft of their localities to Border Guard offices and functional sectors for management and registration for verification and control of such craft when they enter, leave or operate in maritime boundary areas.

3. To mobilize vehicles, craft and functional forces and people to participate in preventing and controlling acts infringing upon national sovereignty and sovereign rights over sea, protecting political security and maintaining social order and safety in maritime boundary areas.

4. To organize law dissemination and education about the construction, management and protection of national borders, protection of political security and maintenance of social order and safety in maritime boundary areas for the public.

5. Annually, to estimate and allocate local budget funds for the construction, management and protection of national maritime boundaries, protection of political security and maintenance of social order and safety in maritime boundary areas.

6. In case the National Assembly Standing Committee promulgates a decision on adjustment of the boundaries of a commune-level administrative unit, the chairperson of the provincial-level People’s Committee of the concerned coastal locality shall report to the Ministry of National Defense for proposing the Government to add such unit to or remove it from the list of communes, wards and townships in maritime boundary areas provided in the Appendix (not translated) to this Decree.

Article 27. Agencies, organizations and individuals

1. Agencies, organizations and individuals operating in maritime boundary areas shall strictly comply with this Decree, other relevant regulations and treaties to which Vietnam is a contracting party; and coordinate with Border Guard and functional forces in protecting sovereignty and sovereign rights over sea, protecting political security and maintaining social order and safety in maritime boundary areas.

2. While on duty in maritime boundary areas, officers, soldiers and employees of functional sectors shall wear uniforms, badges and insignias as prescribed by law; their vehicles or craft must fly the national flag and banners according to regulations.

3. Self-defense and militia forces of coastal provinces and centrally run cities, security forces of agencies and organizations in maritime boundary areas and other forces shall participate in patrol and control activities at sea and activities to protect sovereignty and sovereign rights of Vietnam as mobilized by competent agencies.