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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
41/2001/ND-CP
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Hanoi,
July 24, 2001
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DECREE
PROMULGATING THE REGULATION ON THE COORDINATION OF THE STATE
MANAGEMENT OVER ACTIVITIES OF THE COAST GUARD FORCE AND THE COORDINATION OF
ACTIVITIES OF VARIOUS FORCES ON THE SEA AREAS AND CONTINENTAL SHELF OF THE
SOCIALIST REPUBLIC OF VIETNAM
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the March 28, 1998 Ordinance on Vietnam’s Coast Guard;
At the proposal of the Minister of Defense,
DECREES:
Article 1.- To
promulgate the Regulation on the coordination of the State management over
activities of the Coast Guard Force and the coordination of activities of
various forces on the sea areas and continental shelf of the Socialist Republic
of Vietnam.
Article 2.- This Decree
takes effect 15 days after its signing.
Article 3.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People’s Committees
of the provinces and centrally-run cities and the director of the Coast Guard
Department shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
REGULATION
ON THE COORDINATION OF THE STATE MANAGEMENT OVER ACTIVITIES
OF THE COAST GUARD FORCE AND THE COORDINATION OF ACTIVITIES OF VARIOUS FORCES
ON THE SEA AREAS AND CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM
(Issued together with the Government’s Decree No. 41/2001/ND-CP of July 24,
2001)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation prescribes the coordination of the State management over activities
of the Coast Guard Force and the coordination of activities of various forces
on the sea areas and continental shelf of the Socialist Republic of Vietnam
between the Ministry of Defense and the Ministry of Public Security, the
Ministry for Foreign Affairs, the Ministry of Communications and Transport, the
Ministry of Finance, the Ministry of Planning and Investment, the Ministry of
Aquatic Resources, the Ministry of Science, Technology and Environment, the
General Department of Customs, the General Department of Post and
Telecommunications, Vietnam Oil and Gas Corporation, the Government Committee
on Frontier Issues, the National Committee for Search and Salvage, the People’s
Committees of the provinces and centrally-run cities as well as the concerned
agencies and organizations.
Article 2.- The ministries,
the ministerial-level agencies and the agencies attached to the Government
shall, within the ambit of their respective functions, tasks and powers, have
to direct and guide the agencies and forces under their management to
coordinate with the Coast Guard Force in the activities specified in this
Regulation.
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Article 4.- The
coordination of the State management over activities of the Coast Guard Force
and the coordination of activities of the forces of the agencies mentioned in
Article 1 of this Regulation is the coordination of the following activities:
1. Sharing necessary information and materials.
2. Studying, elaborating and promulgating
relevant legal documents falling under the functions of the ministries and
branches.
3. Patrolling, inspecting, controlling,
detecting, preventing and handling acts of violation of the Vietnamese law and
the international agreements which the Socialist Republic of Vietnam has signed
or acceded to on the sea areas and continental shelf of the Socialist Republic
of Vietnam.
4. Protecting the property of the State, the
life and property of people and means lawfully operating on the sea; defending
the national sovereignty, protecting natural resources, preventing and
combating pollution of the marine environment.
5. Searching, salvaging and overcoming incidents
on the sea.
6. Conducting activities to prevent and combat
law violations and combat piracy.
7. Conducting international cooperation
activities.
8. Educating, training and fostering the
contingent of officers and men of the Coast Guard Force.
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Article 5.-The
coordination of the State management over activities of the Coast Guard Force
and the coordination of activities of various forces of the agencies mentioned
in Article 1 of this Regulation shall be based on the functions, tasks and
powers of each agency and force already prescribed by law; shall not obstruct
lawful activities on the sea; ensure the uniform State management work of each
specialized branch.
The coordination and direction of activities
between the Coast Guard Force and the Border Guard Force as well as other
forces of the Ministry of Defense shall be stipulated by the Ministry of
Defense.
Article 6.- The
ministries’ and branches’ forces operating on the sea may, in the course of
coordination, directly contact one another in order to rapidly settle all cases
and assist one another in well performing their functions, tasks and powers
prescribed by law.
Article 7.- Division of
the areas of activity of the forces engaged in coordinating activities on the
sea areas and continental shelf of the Socialist Republic of Vietnam
1. On the sea areas from the baseline to the
outer boundary of the exclusive economic zone and continental shelf of Vietnam,
the Coast Guard Force shall assume the prime responsibility and coordinate with
other concerned forces in performing the function of security, order and safety
management and ensuring the compliance with the Vietnamese law and the
international agreements which the Socialist Republic of Vietnam has signed or
acceded to.
In the course of operation, if detecting any
acts of law violation, the Coast Guard Force shall sanction them according to
its competence; for complicated cases, it shall coordinate with the specialized
forces in handling them according to law provisions.
In the internal waters and seaports, the Coast
Guard Force shall, when requested, have the responsibility to coordinate with
the local administrations and concerned forces in performing its tasks.
2. On the sea areas and continental shelf of the
Socialist Republic of Vietnam, the specialized forces shall operate according
to their functions, tasks and powers prescribed by law; when performing their
tasks, and detecting acts of law violation not under their respective competence,
they shall have to inform and transfer the cases to the Coast Guard Force or
other concerned specialized forces for handling according to their competence.
3. The concerned branches may entrust the Coast
Guard Force to perform a number of certain activities under their functions,
tasks and powers. The contents and scope of such entrustment shall be detailed
by the Ministry of Defense and concerned ministries and branches.
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COORDINATION OF THE
STATE MANAGEMENT OVER ACTIVITIES OF THE COAST GUARD FORCE
Article 8.- The Ministry
of Defense shall have the responsibility to coordinate the State management
over activities of the Coast Guard Force with respect to the following matters:
1. Organizing the operation of the Coast Guard
Force according to the provisions of Chapter III, Decree No. 53/1998/ND-CP of
July 21, 1998 on the organization and operation of Vietnam’s Coast Guard.
2. Directing its attached agencies to coordinate
with the concerned functional agencies of the ministries, branches and the People’s
Committees of the provinces and centrally-run cities in building infrastructure
to meet the activity requirements of the Coast Guard Force according to law
provisions.
3. Assuming the prime responsibility for
coordinated activities specified in Article 4 of this Regulation.
Article 9.- The Ministry
of Public Security shall have the responsibility to direct and guide the
functional agencies to coordinate with the Coast Guard Force in the following
activities:
1. Supplying the Coast Guard Force necessary
information related to the functions and tasks of the Coast Guard Force in
detecting, preventing and handling violations of security, order and safety and
law-breaking acts committed on the sea areas and continental shelf of the
Socialist Republic of Vietnam.
2. Guiding and assisting the Coast Guard Force
in the security, order and other professional work.
3. Educating and disseminating the legislation
on security, order and safety among organizations and individuals operating on the
sea areas and continental shelf of the Socialist Republic of Vietnam.
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1. Sharing with and supplying the Coast Guard
Force necessary information and materials on the State’s undertakings and
policies on the external relations with other countries in the region and the
world, which are related to activities of the Coast Guard Force.
2. Guiding the Coast Guard Force in settling
cases where foreign organizations and individuals violate the Vietnamese law
and relevant international agreements which the Socialist Republic of Vietnam
has signed or acceded to, on the sea areas and continental shelf of the
Socialist Republic of Vietnam.
3. Effecting international cooperation in the
field of security, order and safety, search and salvage, prevention and combat
of environmental pollution, fight against piracy and other incidents on the sea
areas and continental shelf of the Socialist Republic of Vietnam.
Article 11.- The
Ministry of Communications and Transport shall have the responsibility to
direct and guide the functional agencies to coordinate with the Coast Guard
Force in the following activities:
1. Informing in time changes in the maritime
signalling system, the sea lanes’ and seaports’ depths allowable for the entry
and exit of ships of various kinds, constructing new marine projects or
dismantling old ones and other obstacles on the sea areas of Vietnam so as to
ensure maritime safety for ships and boats operating on the sea.
Notifying the issuance, suspension, extension,
amendment, revocation or cancellation of papers and documents; technical
criteria and norms related to the activities of ships and boats on the sea as
well as the granting of permission for foreign ships and boats to enter the
seaports and maritime zones of Vietnam.
2. Guiding and assisting the Coast Guard Force
in the professional work and specialized tasks so as to determine acts of
violation and the extent of damage caused thereby for use as basis for
handling.
3. Effecting international cooperation on
maritime activities.
4. Educating and disseminating maritime
legislation among organizations and individuals operating on the sea areas and
continental shelf of the Socialist Republic of Vietnam.
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1. Studying, elaborating and submitting to
competent levels for promulgation or promulgating according to its competence
legal documents on finance, taxation, invoices and vouchers related to the
transportation and trading of goods on the sea.
2. Detecting, preventing and sanctioning
administrative violations in the taxation field according to Decree No.
36/1999/ND-CP of June 9, 1999 on the sanctioning of administrative violations
in the territorial sea, the contiguous zone, the exclusive economic zone and
the continental shelf of the Socialist Republic of Vietnam and other law
provisions.
3. Coordinating in the collection, payment,
management and use of fines imposed on administrative violations; handling the
seized material evidences and properties and confiscating them into the State
fund according to Decree No. 36/1999/ND-CP of June 9, 1999.
Article 13.- The
Ministry of Planning and Investment shall have the responsibility to direct and
guide the functional agencies to coordinate with the Coast Guard Force in the
following activities:
1. Sharing information and materials related to
foreign-invested projects in order to build and develop the Coast Guard Force.
2. Guiding the elaboration of, and inspecting
investment projects to build and develop the Coast Guard Force.
3. Coordinating in handling matters that arise
in the course of implementation of foreign and domestic investment projects.
Article 14.- The
Ministry of Aquatic Resources shall have the responsibility to direct and guide
the functional agencies to coordinate with the Coast Guard Force in the
following activities:
1. Supplying necessary information and materials
on fishing means, ships and boats and the management of fishing activities on
the sea; forms of permits, papers and professional certificates related to
fishing activities on the sea.
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3. Guiding and assisting the Coast Guard Force
in the specialized aquatic resource work in order to determine acts of
violation in the field of aquatic resource protection as basis for handling and
sanctioning.
4. Working out plans for controlling acts of
violation in the field of aquatic resource protection.
5. Effecting international cooperation in the
field of aquatic resource protection.
6. Educating and disseminating the legislation
on aquatic resource protection among organizations and individuals operating on
the sea areas and continental shelf of the Socialist Republic of Vietnam.
Article 15.- The
Ministry of Science, Technology and Environment shall have the responsibility
to direct and guide the functional agencies to coordinate with the Coast Guard
Force in the following activities:
1. Sharing information, supplying materials for
use as basis for determining acts of polluting the marine environment and other
activities related to the protection of the marine environment.
Notifying the new regulations on and standards
of Vietnam’s environment and any amendments thereto with regard to the
protection of the marine environment or other necessary permits according to the
law provisions on the protection of the marine environment.
2. Inspecting, controlling, detecting,
preventing and sanctioning administrative violations of the provisions of
Decree No. 36/1999/ND-CP of June 9, 1999 and other law provisions on the protection
of the marine environment.
3. Overcoming incidents of pollution of the
marine environment and guiding the claim for compensation for damage to the
marine environment.
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5. Educating and disseminating the legislation
on marine environment protection among organizations and individuals operating
in the sea areas and continental shelf of the Socialist Republic of Vietnam.
Article 16.- The
Government Committee for Frontier Issues shall direct and guide the functional
agencies to coordinate with the Coast Guard Force in the following activities:
1. Sharing necessary information and materials
related to the activities of the Coast Guard Force, sovereignty protection,
sovereignty rights and national jurisdiction on the sea.
2. Fostering personnel specialized in the marine
management work.
3. Effecting international cooperation in the
field of marine management.
Article 17.- The
General Department of Customs shall have the responsibility to direct and guide
the functional agencies to coordinate with the Coast Guard Force in the
following activities:
1. Sharing necessary information and materials
related to import and export activities, smuggling, trade frauds and supplying
other necessary customs forms for goods transportation by sea.
2. Organizing the fostering and training to
raise the customs professional levels of the officers and men of the Coast
Guard Force.
3. Educating and disseminating the customs
legislation among organizations and individuals operating on the sea areas and
continental shelf of the Socialist Republic of Vietnam.
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1. Sharing necessary information and materials
related to the search and salvage work and coping with oil spillings on the
sea.
2. Elaborating plans and conducting activities
according to the search and salvage functions and tasks prescribed in Clauses
1, 2, 3, 8 and 9, Article 2 of the Prime Minister’s Decision No. 63/2000/QD-TTg
of June 7, 2000 on the renaming and addition of the tasks of the National
Committee for Search and Salvage.
Article 19.- The
General Department of Post and Telecommunications and the Committee for Radio
Frequencies shall direct the functional agencies to coordinate with the Coast
Guard Force in the following activities:
1. Sharing necessary information and materials
on the use of radio transmitters and frequencies on the sea areas and
continental shelf of the Socialist Republic of Vietnam.
2. Conducting activities prescribed in Clauses 2
and 3, Article 1 of the Prime Minister’s Decision No. 242/TTg of April 27, 1995
on the functions, tasks, powers, organizational structure and working regime of
the Committee for Radio Frequencies.
Article 20.- The
People’s Committees of the provinces and centrally-run cities shall have the
responsibility to:
1. Direct the specialized agencies and the lower-level
People’s Committees to directly and closely coordinate in the specialized work
of searching, salvaging, and overcoming incidents on the sea, and managing
areas related to the activities of the Coast Guard Force; support and assist
the Coast Guard Force in providing places for stationing troops and harboring
ships and boats, storehouses and yards, and create other favorable conditions
for the Coast Guard Force to perform its tasks.
2. Support and effect the sanctioning of
administrative violations according to the Ordinance on the Handling of
Administrative Violations, Decree No. 36/1999/ND-CP of June 9, 1999 and other
law provisions.
3. Propagate among and educate local
organizations and individuals operating on the sea areas and continental shelf
of the Socialist Republic of Vietnam to abide by the provisions of the
Vietnamese law and relevant international agreements which the Socialist
Republic of Vietnam has signed or acceded to.
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COORDINATION OF
ACTIVITIES AMONG VARIOUS FORCES
Article 21.-
Coordination of activity prescribed in this Chapter is the coordination between
the Coast Guard Force and the forces, organizations, units as well as
enterprises of the concerned ministries and branches (hereinafter collectively
called forces) operating on the sea areas and continental shelf of the
Socialist Republic of Vietnam.
Article 22.-
Coordination of activity between the Coast Guard Force and the concerned forces
of the Ministry of Public Security
1. Responsibilities of the Coast Guard Force:
a/ To notify the situation of law violations in
the field of security and order committed by organizations and individuals on
the sea areas and continental shelf of the Socialist Republic of Vietnam;
b/ To pursue and seize those who violate the law
then flee and/or illegally encroach by sea, and carry out other activities
according to professional requirements;
c/ To hand over dossiers, persons, means and
material evidences seized in the cases of law violation under the handling
competence of the Police Force.
2. Responsibilities of the concerned forces of
the Ministry of Public Security:
a/ To notify necessary information related to
the functions and tasks of the Coast Guard Force in the detection, prevention
and handling of violations of security, order and safety on the sea areas and
continental shelf of the Socialist Republic of Vietnam;
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Article 23.-
Coordination of activity between the Coast Guard Force and the concerned forces
of the Ministry of Communications and Transport
1. Responsibilities of the Coast Guard Force:
a/ To notify the situation of law violations
committed by organizations, individuals and means operating on the sea,
necessary information related to maritime activities, search, salvage and
overcoming of incidents on the sea;
b/ To deploy supporting forces when requested to
prevent and handle acts of law violation in the maritime field, promptly deal
with other violations committed on the sea;
c/ To coordinate in inspecting, controlling,
detecting, preventing and handling administrative violations in maritime
activities according to Decree No. 92/1999/ND-CP of September 4, 1999 on the
sanctioning of administrative violations in the maritime field and other law
provisions;
d/ To coordinate in searching, salvaging and
overcoming incidents on the sea and combating sea piracy.
2. Responsibilities of the concerned forces of
the Ministry of Communications and Transport:
a/ To notify the situation of law violations
committed by organizations and individuals as well as incidents occurring on
the sea areas and continental shelf of the Socialist Republic of Vietnam;
b/ To coordinate in inspecting, controlling,
detecting, preventing and sanctioning administrative violations in the maritime
field according to Decree No. 36/1999/ND-CP of June 9, 1999 and other law
provisions;
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d/ To receive the dossiers, persons, means and
materials evidences seized in the cases of law violation, handed over by the
Coast Guard Force under its handling competence.
Article 24.- Coordination
of activity between the Coast Guard Force and the concerned forces of the
Ministry of Aquatic Resources
1. Responsibilities of the Coast Guard Force:
a/ To supply necessary information and materials
on the situation of law violations committed by domestic and foreign fishing
means, ships and boats operating on the sea areas and continental shelf of the
Socialist Republic of Vietnam;
b/ To deploy supporting forces when requested in
order to inspect, control, detect, prevent and handle administrative violations
in the field of aquatic resource protection according to the Government’s
Decree No. 48/CP of August 12, 1996 on the sanctioning of administrative
violations in the field of aquatic resource protection and Decree No.
49/1998/ND-CP of July 13, 1998 on the management of fishing activities of
foreign persons and means on the sea areas of Vietnam and other law provisions;
c/ To search, salvage and overcome incidents on
the sea and combat sea piracy.
2. Responsibilities of the concerned forces of
the Ministry of Aquatic Resources:
a/ To notify the situation of fishing means,
ships and boats that commit acts of law violation in the field of aquatic
resource protection on the sea areas of Vietnam;
b/ To coordinate in inspecting, controlling,
detecting, preventing and sanctioning administrative violations in the field of
aquatic resource protection and exploitation according to Decree No.
36/1999/ND-CP of June 9, 1999 and other law provisions;
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d/ To receive dossiers, persons, means and material
evidences seized in the cases of law violation and handed over by the Coast
Guard Force under its handling competence.
Article 25.-
Coordination of activity between the Coast Guard Force and the concerned forces
of the General Department of Customs
1. Responsibilities of the Coast Guard Force:
a/ To supply information on acts of violation in
the field of export, import, smuggling and trade frauds committed by persons
and means operating on the sea;
b/ To deploy supporting forces when requested in
order to inspect, control, detect and prevent administrative violations in the
field of customs on the sea;
c/ To coordinate in inspecting, controlling,
detecting, preventing and handling acts of smuggling and customs-related
administrative violations according to law provisions.
2. Responsibilities of the concerned forces of
the General Department of Customs:
a/ To notify information related to the
prevention of and fight against law violations in the customs and other related
fields;
b/ To coordinate in inspecting, controlling,
detecting, preventing and sanctioning administrative violations in the field of
customs according to Decree No. 36/1999/ND-CP of June 9, 1999 and other law
provisions;
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d/ To receive dossiers, persons, means and
material evidences seized in the cases of law violation and handed over by the
Coast Guard Force under its handling competence.
Article 26.-
Coordination of activity between the Coast Guard Force and the concerned forces
of Vietnam Oil and Gas Corporation
1. Responsibilities of the Coast Guard Force:
a/ To notify the situation of security, order
and safety on the sea, that may affect oil and gas activities;
b/ To deploy supporting forces, when requested,
to deal with oil and gas incidents on the sea;
c/ To detect, prevent and handle law violations
in the oil and gas field according to law provisions.
2. Responsibilities of the forces of Vietnam Oil
and Gas Corporation:
a/ To notify the situation of security, order
and safety and the situation of environmental pollution in the sea areas where
oil and gas activities are being carried out;
b/ To comply with the mobilization by the Coast
Guard Force in urgent circumstances to pursue law-violating persons and means,
provide first aid to victims, cope with serious environmental incidents as
prescribed in Article 12 of the Ordinance on Vietnam’s Coast Guard.
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COMMENDATION AND
HANDLING OF VIOLATIONS
Article 27.-
Commendation
Organizations and individuals that record
outstanding achievements in the implementation of this Regulation shall be
commended and/or rewarded according to the State’s general regulations.
Article 28.- Handling
of violations
Organizations and individuals that violate the
provisions of this Regulation and other relevant law provisions shall, depending
on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability according to law
provisions.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 29.- The
ministries, the ministerial-level agencies, the agencies attached to the
Government and the People’s Committees of the provinces and centrally-run
cities shall have to organize and guide the functional agencies and concerned
forces under their respective management to perform the tasks related to the
responsibilities of the ministries and localities as prescribed in this
Regulation.
Article 30.- The
Ministry of Defense shall have to coordinate with the concerned ministries and
branches in guiding and inspecting the implementation of this Regulation.