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THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 53/1998/ND-CP
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Hanoi, July 21, 1998
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DECREE
ON THE
ORGANIZATION AND ACTIVITIES OF THE VIETNAM MARINE POLICE
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.
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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
ORGANIZATION 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.
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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, 1.5 m high, 1 m 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 2.5 m
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.
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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 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.
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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 two 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 April 26, 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 of insignia like figure of rank badge.
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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
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 the 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.
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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 manages the sea areas and the
continental shelf from Mui Doc in Ha Tinh province to Cu LaoXanh 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 directly 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.
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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.
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ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai