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THE
NATIONAL ASSEMBLY STANDING COMMITTEE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
03/2008/UBTVQH12
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Hanoi,
January 06, 2008
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ORDINANCE
ON THE VIETNAM COAST GUARD
THE NATIONAL ASSEMBLY STANDING COMMITTEE
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam which was amended and
supplemented under Resolution No, 51/2001/ QH10;
Pursuant to the National Assembly's Resolution No. 11/2007/QH12 on its legislative
program during the XIIth legislature (2007-2011) and in 2008;
The National Assembly Standing Committee promulgates the Ordinance on the
Vietnam Coast Guard.
Chapter I.
GENERAL PROVISIONS
Article 1.
The
Vietnam Coast Guard is a specialized force of the State, performing the
functions of managing security, order and safety and ensuring the observance of
Vietnamese law and related treaties to which the Socialist Republic of Vietnam
is a contracting party, on the sea areas and continental shelf of the Socialist
Republic of Vietnam.
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Article 2.
The
Vietnam Coast Guard is a people's 3 armed force of the Socialist Republic of
Vietnam and placed under the leadership of the Communist Party of Vietnam, the
command of the State President and the unified management of the Government.
The Ministry of Defense shall
directly manage arid administer the operation of the Vietnam Coast Guard.
Article 3.
The
Vietnam Coast Guard operates on the sea areas and continental shelf of the
Socialist Republic of Vietnam.
Within the ambit of their tasks
and powers, the Vietnam Coast Guard shall perform and coordinate with other
forces in performing tasks in accordance with law.
The Government shall issue a
Regulation on coordinated operation and specific responsibilities of forces.
Article 4.
Agencies,
organizations and individuals shall coordinate and cooperate with and assist
the Vietnam Coast Guard in performing tasks; be protected and have their
secrets kept by the State upon request and enjoy policies prescribed by law.
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TASKS, POWERS AND RESPONSIBILITIES OF THE VIETNAM
COASTGUARD
Article 5.
Vietnam Coast Guard officers and
soldiers must absolutely be loyal to the Fatherland of the Socialist Republic
of Vietnam, have good moral qualities and necessary professional
qualifications, firmly grasp Vietnamese law and related treaties to which the
Socialist Republic of Vietnam is a contracting party, and fulfill all tasks
assigned to them.
Vietnam Coast Guard officers and
soldiers may not abuse their titles, powers and positions to cause harms to the
State's interests or the lawful rights and interests of organizations and
individuals.
Article 6.-
Within the internal waters,
territorial waters and seaport waters of the Socialist Republic of Vietnam, the
Vietnam Coast Guard shall conduct inspection and control in accordance with
Vietnamese law and related treaties to which the Socialist Republic of Vietnam
is a contracting party in order to protect national sovereignty; maintain
security, order and safety; protect natural resources; prevent and control
environmental pollution; detect, prevent and fight smuggling, illegal
transportation and trafficking of humans, illegal transportation and trading of
goods, weapons, explosives, narcotics, pre-substances and other violations of
law.
Article 7.
In the contiguous zone,
exclusive economic zone and continental shelf of the Socialist Republic of
Vietnam, the Vietnam Coast Guard has the tasks of patrol and control in
accordance with Vietnamese law and related treaties to which the Socialist
Republic of Vietnam is a contracting party in order to protect national
sovereignty, jurisdiction, natural resources; prevent and control environmental
pollution; detect, prevent and fight smuggling, piracy, armed attacks against
ships and vessels, illegal transportation and trafficking of humans, illegal
transportation and trading of narcotics and pre-substances.
Article 8.
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Article 9.
The Vietnam Coast Guard shall
gather and receive, promptly process information and inform related functional
agencies in accordance with Vietnamese law and related treaties to which the Socialist
Republic of Vietnam is a contracting party; join in the search, rescue and
handling of incidents on the sea, and environmental protection activities, and
organize response to incidents in the marine environment.
Article 10.
The Vietnam Coast Guard shall
join in law propagation, dissemination and education for people working on the
sea; coordinate with other forces in protecting state assets, people's lives
and assets and means lawfully operating on the sea areas and continental shelf
of Vietnam; coordinate with other units of the armed forces in protecting
national sovereignty and security on islands and sea areas within the territory
of the Socialist Republic of Vietnam as well as the sovereign rights and
jurisdiction in the exclusive economic zone and continental shell of the
Socialist Republic of Vietnam.
Article 11.
When detecting persons and means
with signs of violation of Vietnamese law or related treaties to which the
Socialist Republic of Vietnam is a contracting party, the Vietnam Coast Guard
may conduct inspection and control; if detecting acts of violation, they may
impose administrative sanctions in accordance with law, force violating persons
and means to stop violations, leave the water areas where they are operating or
leave the Vietnamese sea areas; arrest or detain persons and means of violation
that are caught red-handed, record the handling of violations according to
competence or transfer cases to competent agencies for handling in accordance
with law.
Article 12.
In case persons and means in
violation of law disobey their orders, oppose or deliberately flee, the Vietnam
Coast Guard may coerce their compliance, chase them or exercise other rights
according to Vietnamese law and related treaties to which the Socialist
Republic of Vietnam is a contracting party.
Article 13.
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2. In case of real necessity to
ensure defense, security and national interests, competent persons in the
Vietnam Coast Guard may requisite assets of Vietnamese individuals or
organizations in accordance with the law on compulsory purchase and requisition
of assets.
Article 14.
The Vietnam Coast Guard shall be
equipped with and use weapons, technical equipment, supportive instruments and
professional measures to perform tasks in accordance with law.
Article 15.
While on duty, the Vietnam Coast
Guard may open fire in the following cases:
1. When violators use
weapons to oppose or employ other measure to directly threaten the lives and safety
of means of the Vietnam Coast Guard;
2. When chased persons and means
that commit serious violations may escape unless weapons are used;
3. For the protection of
citizens whose lives are directly threatened by others.
In cases in which they are allowed
to open fire according to this Article, Vietnam Coast Guard officers and
soldiers may shoot at violators only after having ordered them to stop or fired
warning shot but in vain, except in urgent circumstances; for complicated cases
which may adversely affect national sovereignty or security, they shall report
them to competent authorities for decision. Article 16.
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Chapter III
ORGANIZATION OF THE VIETNAM COAST GUARD
Article 17.
The Government shall provide for
the organization and operation of the Vietnam Coast Guard.
The Ministry of Defense shall issue
specific regulations on personnel and equipment of the Vietnam Coast Guard.
Article 18.
The Vietnam Coast Guard consists
of officers, career military personnel, non-commissioned officers, soldiers,
defense employees and defense workers (below collectively referred to as
Vietnam Coast Guard officers and soldiers).
Article 19.
The appointment, dismissal,
demotion; bestowment, promotion, reduction and deprivation of military ranks of
Vietnam Coast Guard officers and soldiers comply with:
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2. The Law on Military Service.,
for career military personnel, non-commissioned officers and soldiers;
3. Relevant legal provisions,
for defense employees and defense workers.
Article 20.
The service regime applicable to
Vietnam Coast Guard officers and soldiers complies with the law on Vietnam
People's Army officers and soldiers and relevant provisions of law.
Article 21.
The Vietnam Coast Guard has its
own pennant, insignias and uniforms as prescribed by the Government.
While on duty, ships, boats and
other means of the Vietnam Coast Guard shall fly a national flag and its
pennant; Vietnam Coast Guard officers and soldiers shall wear uniforms and
insignias of the Vietnam Coast Guard.
Chapter IV
STATE MANAGEMENT OF THE VIETNAM COAST GUARD
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Contents of state management of
the Vietnam Coast Guard include:
1. Promulgating, organizing the
implementation of, legal documents on the VieUiain Coast Guard,
2. Organizing, leading, commanding
the Vietnam Coast Guard;
3. Organizing training and
fostering for officers and soldiers of the Vietnam Coast Guard;
4. Implementing mechanisms and
policies towards the Vietnam Coast Guard;
5. Supervising, inspecting,
settling complaints and denunciations and handling violations in the domains of
operation of the Vietnam Coast Guard;
6. Implementing international
cooperation.
Article 23.
1. The Government shall exercise
the unified state management of the Vietnam Coast Guard.
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3. Ministries and
ministerial-level agencies shall, within the ambit of their tasks and powers,
coordinate with the Ministry of Defense in exercising the state management of
the operation of the Vietnam Coast Guard.
4. Provincial/municipal
People's Committees shall, within the ambit of their tasks and powers,
coordinate with, support and create conditions for, the Vietnam Coast Guard to
perform its tasks.
5. The Government shall
promulgate a Regulation on coordination between the Ministry of Defense and
other ministries, ministerial-level agencies and provincial/municipal People's
Committees in exercising the state management of the operation of the Vietnam
Coast Guard.
Chapter V
ASSURANCE OF THE OPERATION OF, BENEFITS AND POLICIES
FOR, THE VIETNAM COAST GUARD
Article 24.
The State shall build the
Vietnam Coast Guard into a revolutionary, regular, elite and modern force;
adopt priority policies, increase investment in research and application of
scientific and technological advances, equip weapons, technical equipment and
supportive instruments to guarantee the operation of the Vietnam Coast Guard.
Article 25.
1. Benefits and policies for Vietnam
Coast Guard officers and soldiers comply with the law on Vietnam People's Army
officers and soldiers and relevant provisions of law.
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a/ Seniority allowance for
officers and soldiers in border and island regions;
b/ Responsibility allowance
suitable to particular tasks of officers and soldiers;
c/ Sea sailing allowance;
The Government shall specify
preferential benefits and policies for the Vietnam Coast Guard
Article 26.
1. Citizens who satisfy
prescribed political and moral qualities, educational qualifications and health
conditions and have aptitudes suitable to the task requirements of the Vietnam
Coast Guard may be recruited into this force if they so wish;
2. The Vietnam Coast Guard may
prioritize the recruitment of citizens defined in Clause 1 of this Article who
are students, graduates of institutes, universities, colleges, professional
intermediate schools, vocational training schools or job teaching centers.
Article 27.
Vietnam Coast Guard officers and
soldiers shall be trained and retrained in political, operational and legal
knowledge as well as other necessary knowledge suitable to their assigned
tasks; be encouraged and facilitated to develop their talents to serve the
Vietnam Coast Guard.
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Funding for the organization,
building and operation of the Vietnam Coast Guard shall be assured by the state
budget.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 29.
This Ordinance takes effect on
July 1, 2008.
This Ordinance replaces the
March 28, 1998 Ordinance on the Vietnam Coast Guard.
Article 30.
The Government shall detail and
guide the implementation of this Ordinance.
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ON
BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Phu Trong