Law on Vietnam Coast Guard, Law No. 33/2018/QH14

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ATTRIBUTE Law on Vietnam Coast Guard

Law No. 33/2018/QH14 dated November 19, 2018 of the National Assembly on Vietnam Coast Guard
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:33/2018/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:19/11/2018Effect status:
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Fields:National Security

SUMMARY

Vietnam Coast Guard have the power to chase vessels in violation of law at sea

On November 19, 2018,  the National Assembly promulgates the Law No. 33/2018/QH14 on Vietnam Coast Guard. Accordingly, Vietnam Coast Guard is a People’s armed force and a specialized force under the State management, Be put under the ultimate and direct leadership of the Communist Party of Vietnam in all aspects, the domination of the State President, the unified State management of the Government and the direct command and administration of the Minister of Defense.

Vietnam Coast Guard shall implement their actions within the territorial waters of Vietnam such as: 

- Collect information, analyze, evaluate and forecast the situation so as to propose guidelines, solutions and plans for national security protection and law enforcement at sea;

- Defend national sovereignty, sovereign rights, jurisdiction, security, and interests of the state and people; conserve marine resources and environment;

- Strive for the prevention and control of crimes, violations of law, maintenance of security, order and safety at sea; search, rescue and participate in mitigation of marine environmental emergencies…

To conduct the duties, the Coast Guard have the power to patrol, inspect and control people, vessels, cargo and luggage in the territorial waters of Vietnam; use weapons, explosives and other accessories; use professional technical means and equipment; impose legal penalties for administrative violations; conduct a number of criminal investigation activities; chase vessels in violation of law at sea…

The Law on Vietnam Coast Guard takes effect on July, 01, 2019.

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Effect status: Known

 

THEPRESIDENT

No. 12/2018/L-CTN

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, December 3, 2018

 

 

Order

On the promulgation of law

 

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

 

PROMULGATES:

The Law on Vietnam Coast Guard,

which was passed on November 19, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG


 


THE NATIONALASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 33/2018/QH14

 

 

 

LAW

On Vietnam Coast Guard[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Vietnam Coast Guard.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law prescribes the position, functions, tasks, powers, organization and operation of the Vietnam Coast Guard; regimes and policies applicable to the Vietnam Coast Guard; and responsibilities of related agencies, organizations and individuals.

Article 2.Interpretation of terms

In this Law, the terms and expressions below are construed as follows:

1.Protection of national sovereignty, sovereignty right and jurisdiction in the maritime zones of Vietnammeans the prevention and detection of acts and fighting and handling of agencies, organizations and individuals violating the regulations on national sovereignty, sovereign right and jurisdiction in the maritime zones of the Socialist Republic of Vietnam.

2.Vietnam Coast Guard officers and soldiersinclude officers, career servicemen, non-commissioned officers, soldiers, workers and civil servants on the Vietnam Coast Guard’s payroll.

Article 3.Position and functions of the Vietnam Coast Guard

1. The Vietnam Coast Guard is a people’s armed and specialized force of the State, which plays a key role in law enforcement and protection of national security and order and safety on the sea.

2. The Vietnam Coast Guard shall perform the functions of advising the Minister of National Defense to promulgate according to his/her competence, or propose to the Party and the State, policies and laws on protection of national security and order and safety on the sea; protecting national sovereignty, sovereign rights and jurisdiction in the maritime zones of Vietnam; and managing security, order and safety and ensuring according to its competence the observance of Vietnamese law, related treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements.

Article 4.Principles of organization and operation of the Vietnam Coast Guard

1. To be placed under the ultimate and direct leadership of the Communist Party of Vietnam in all aspects, the command of the President, the unified state management of the Government, and the direct command and administration of the Minister of National Defense.

2. To comply with the Constitution and law of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. To organize in a centralized and unified manner according to the decentralization of powers from the High Command of the Vietnam Coast Guard to grassroots units.

4. To proactively preclude, detect, prevent, fight and handle law-breaking acts.

5. To integrate the tasks of protecting national sovereignty, sovereign rights and jurisdiction and managing security, order and safety on the sea with the development of maritime economy.

6. To rely on the people, make full use of the strength of the people and submit to supervision by the people.

Article 5.Building of the Vietnam Coast Guard

1. The State shall build the Vietnam Coast Guard into a revolutionary, regular, elite and modern force; and prioritize the mobilization of resources for developing the Vietnam Coast Guard.

2. Vietnamese agencies, organizations and individuals shall participate in building a clean and strong Vietnam Coast Guard.

Article 6.Responsibilities of and regimes and policies applicable to agencies, organizations and individuals coordinating and cooperating with, and supporting and assisting, the Vietnam Coast Guard

1. Agencies, organizations and individuals operating in the maritime zones of Vietnam shall coordinate and cooperate with, and support and assist, the Vietnam Coast Guard in performing its functions, tasks and powers.

2. Vietnamese agencies, organizations and individuals shall coordinate with the Vietnam Coast Guard in executing decisions on mobilization of human resources, ships and vessels and civil technical means and equipment of competent agencies to protect national sovereignty, sovereign rights and jurisdiction in the maritime zones of Vietnam.

3. Agencies, organizations and individuals coordinating and cooperating with, and supporting and assisting, the Vietnam Coast Guard shall be protected and have their secrets kept by the State at their request; be commended and rewarded for their achievements; be compensated for their asset damage; have their honor and dignity restored in case they are infringed upon. For those who suffer from injury or health damage or loss of lives, they or their families may enjoy the entitlements and policies provided by law.

Article 7.Prohibited acts

1. Opposing and obstructing the operation of the Vietnam Coast Guard; taking revenge, threatening or infringing upon the life, health, honor and dignity of Vietnam Coast Guard officers and soldiers while performing official duties or for official duty reasons.

2. Buying off, bribing or forcing Vietnam Coast Guard officers and soldiers to act against their official duties, tasks and powers.

3. Posing as Vietnam Coast Guard officers and soldiers; faking vessels and vehicles of the Vietnam Coast Guard; counterfeiting, illegally purchasing, selling or using uniforms, seals and papers of the Vietnam Coast Guard.

4. Taking advantage of or abusing positions, powers and working positions of Vietnam Coast Guard officers and soldiers to commit law-breaking acts; infringing upon lawful rights and interests of agencies, organizations and individuals.

5. Harassing and causing difficulties to agencies, organizations and individuals lawfully operating on the sea, for Vietnam Coast Guard officers and soldiers.

6. Other acts violating this Law.

 

Chapter II

TASKS AND POWERS OF THE VIETNAM COAST GUARD

Article 8.Tasks of the Vietnam Coast Guard

1. To collect information, analyze, evaluate and forecast the situation so as to propose guidelines, solutions and plans for national security protection and law enforcement on the sea; study, analyze, forecast and advise competent authorities to promulgate policies and laws on protection of national sovereignty, sovereign rights and jurisdiction and national security in the maritime zones of Vietnam, assurance of order and safety, and fighting against crimes and violations on the sea.

2. To protect national sovereignty, sovereign rights, jurisdiction and national security and interests; marine resources and environment; and property and lawful rights and interests of agencies, organizations and individuals on the sea.

3. To prevent and fight crimes and violations of law and maintain security, order and safety on the sea; search, salvage, rescue and participate in addressing marine environment incidents.

4. To participate in building national defense and security posture and responding to national defense and security circumstances on the sea.

5. To carry out law propaganda, dissemination and education.

6. To receive and use human resources, vessels and civil technical means and equipment mobilized to participate in protecting national sovereignty, sovereignty rights and jurisdiction in the maritime zones of Vietnam.

7. To carry out international cooperation on the basis of treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the functions, tasks and powers of the Vietnam Coast Guard.

Article 9.Powers of the Vietnam Coast Guard

1. To patrol, inspect and control people, vessels, goods and luggage in the maritime zones of Vietnam in accordance with this Law and other relevant laws.

2. To use weapons, explosive materials and supporting tools under Article 14 of this Law.

3. To use professional technical means and equipment under Article 15 of this Law and other relevant laws.

4. To handle administrative violations in accordance with the law on handling of administrative violations.

5. To carry out a number of criminal investigation activities in accordance with the law on organization of criminal investigation bodies and the law on criminal procedure.

6. To pursue vessels violating the law on the sea.

7. To mobilize people, vessels and civil technical means and equipment of Vietnamese agencies, organizations and citizens in cases of emergency.

8. To request foreign organizations and individuals operating in the maritime zones of Vietnam to support and assist in cases of emergency.

9. To arrest vessels in accordance with law.

10. To apply working measures specified in Article 12 of this Law.

Article 10.Obligations and responsibilities of Vietnam Coast Guard officers and soldiers

1. To be loyal to the Fatherland, the People, the Party and the State; to strictly comply with the lines and policies of the Party, policies and laws of the State, and directives and orders of superior authorities.

2. To resolutely protect national sovereignty, sovereign rights and jurisdiction in the maritime zones of Vietnam; to prevent and fight crimes and law violations, ensure social security, order and safety, and maintain peace, stability and development on the maritime zones of Vietnam.

3. To be vigilant and keep state and work secrets; to strictly implement working measures of the Vietnam Coast Guard.

4. To comply with treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the functions, tasks and powers of the Vietnam Coast Guard.

5. To regularly study to improve their political stance, legal knowledge, professional qualifications and sense of disciplinary organization, and take physical exercises.

6. To be responsible before law and their superiors for their decisions and actions when performing their tasks.

 

Chapter III

OPERATION OF THE VIETNAM COAST GUARD

Section 1

SCOPE OF OPERATION AND WORKING MEASURES OF THE VIETNAM COAST GUARD

Article 11.Scope of operation of the Vietnam Coast Guard

1. The Vietnam Coast Guard shall operate in the maritime zones of Vietnam to perform their functions, tasks and powers prescribed in this Law.

2. The Vietnam Coast Guard may operate outside the maritime zones of Vietnam for humanitarian and peaceful purposes or fighting crime and law violations, but shall comply with Vietnam’s law, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the functions, tasks and powers of the Vietnam Coast Guard.

Article 12.Working measures of the Vietnam Coast Guard

1. The Vietnam Coast Guard shall implement mass mobilization, legal, diplomatic, economic, scientific - technological, professional and armed measures to protect national security and ensure order and safety on the sea in accordance with law.

2. The Vietnam Coast Guard Commander shall decide on the use of working measures prescribed in Clause 1 of this Article, and take responsibility before law and his/her superiors for his/her decision.

Section 2

LAW ENFORCEMENT ON THE SEA BY THE VIETNAM COAST GUARD

Article 13.Patrol, inspection and control

1. The Vietnam Coast Guard shall patrol, inspect and control people, vessels, goods and luggage in order to detect, prevent and handle violations on the sea.

2. Cases of stopping vessels for inspection and control include:

a/ It directly detects violations of law or signs of law violation;

b/ It detects or records violations of law or signs of law violation by professional technical means and equipment;

c/ It receives denunciations and reports on crimes and law violations;

d/ It receives written requests of competent agencies for pursuit and arrest of people, vessels and vehicles involved in law violations;

dd/ Violators voluntarily declare their law-breaking acts.

3. When carrying out patrol, inspection and control, the Vietnam Coast Guard shall show the colors of their vessels, aircraft and other vehicles; their banners, badges, identification marks and uniforms as prescribed in Articles 29 and 31 of this Law.

4. Agencies, organizations and individuals operating in the maritime zones of Vietnam shall submit to the Vietnam Coast Guard’s inspection and control.

5. The Minister of National Defense shall prescribe the patrol, inspection and control process of the Vietnam Coast Guard.

Article 14.Use of weapons, explosive materials and supporting tools

1. When performing their tasks, Vietnam Coast Guard officers and soldiers may use military weapons, explosives and supporting tools, and may fire military guns in accordance with the Law on Management and Use of Weapons, Explosives and Supporting Tools.

2. In cases other than cases of firing military guns in accordance with the Law on Management and Use of Weapons, Explosives and Supporting Tools, Vietnam Coast Guard officers and soldiers may, upon performing their tasks of preventing and fighting crimes and law violations and ensuring security, order and safety, open fire on vessels on the sea, except vessels of diplomatic representative missions, foreign consulates and international organizations’ representative offices and ships and vessels carrying people or hostages, in order to stop such vessels in one of the following cases:

a/ Vessel operators attack or directly threaten the life of persons on duty or other persons;

b/ They know clearly that vessels controlled by offenders deliberately flee;

c/ They know clearly that vessels carrying criminals or illegal weapons or explosives, reactionary documents, state secrets, drugs or national treasures deliberately flee;

d/ Vessels carrying subjects who have committed acts of piracy or armed robbery prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or the criminal law deliberately flee.

3. In cases of opening fire specified in Clause 2 of this Article, Vietnam Coast Guard officers and soldiers shall warn by action, order, word or fire into the air before opening fire on vessels; and shall comply with orders of competent persons when performing organized tasks.

Article 15.Use of professional technical means and equipment

1. The Vietnam Coast Guard shall use professional technical means and equipment and collected results to analyze, evaluate and forecast circumstances in protecting national sovereignty, sovereign rights and jurisdiction and national security and interests on the sea; detect, arrest, investigate and handle crimes and law violations in accordance with the law on national security protection, law on handling of administrative violations and law on criminal procedure.

2. Professional technical means and equipment of the Vietnam Coast Guard must be inspected, calibrated and tested before being put in use and go through a proper process to ensure safety in accordance with law.

3. The Government shall prescribe the management and use and the list of professional technical means and equipment of the Vietnam Coast Guard.

Article 16.Mobilization of people, vessels and civil technical means and equipment

1. In emergency cases of arresting people, vessels and vehicles involved in violations; searching and rescuing; responding to and remedying serious marine environment incidents, Vietnam Coast Guard officials and soldiers may mobilize people, vessels and civil technical means and equipment of Vietnamese agencies, organizations and citizens.

2. The mobilization under Clause 1 of this Article must conform to the actual capability of mobilized people, vessels and civil technical means and equipment who/which shall be returned right after the state of emergency is over.

In case persons or assets mobilized for the task are harmed or damaged, they may be entitled to policies and compensation provided in Clause 3, Article 6 of this Law; units having mobilized officials and soldiers shall pay compensations in accordance with law.

3. Vietnamese agencies, organizations and citizens shall submit to the mobilization by the Vietnam Coast Guard.

4. In emergency cases of arresting people, vessels and means of violation; searching and rescuing; responding to and remedying serious marine environmental incidents, Vietnam Coast Guard officials and soldiers may request support and assistance of foreign organizations and individuals operating in the maritime zones of Vietnam.

Article 17.Exercise of the right to pursue ships and vessels on the sea

1. The Vietnam Coast Guard shall exercise the right to pursue vessels on the sea in the following cases:

a/ They infringe upon national sovereignty, sovereign rights and jurisdiction;

b/ They fail to abide by signals and orders for stop given by the Vietnam Coast Guard in the cases specified in Clause 2, Article 13 of this Law;

c/ International cooperation in pursuit;

d/ Other cases as specified by law.

2. The scope of, competence and procedures for pursuing vessels on the sea by the Vietnam Coast Guard must comply with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 18.Announcement, notification and change of maritime security level

The High Command of the Vietnam Coast Guard shall announce or change the maritime security level and make notifications to competent authorities; receive and process maritime security information; and notify appropriate maritime security measures that need to be applied to vessels operating in the maritime zones of Vietnam.

Section 3

INTERNATIONAL COOPERATION OF THE VIETNAM COAST GUARD

Article 19.Principles of international cooperation

1. To carry out international cooperation on the basis of compliance with Vietnam’s law, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements according to competence; respect the fundamental principles of international law; ensure national independence, sovereignty, sovereign rights and jurisdiction; protect national interests and lawful rights and interests of agencies, organizations and individuals on the sea.

2. To bring into fullest play the internal strength and support and assistance of the international community, and ensure law enforcement on the sea.

Article 20.Contents of international cooperation

1. To prevent and fight piracy and armed robbery against vessels.

2. To prevent and fight drug crimes, human trafficking, illegal sale and purchase of weapons, terrorism, illegal exit and entry, illegal trading and transportation of goods across borders, illegal exploitation of aquatic products and other crimes and law violations on the sea within the ambit of tasks and powers of the Vietnam Coast Guard.

3. To prevent and fight environmental pollution and prevent, respond to and remedy marine environment incidents; control the conservation of marine resources; protect biodiversity and marine ecosystems; prevent and fight and warn against natural disasters; provide humanitarian aid and respond to natural disasters; search and rescue on the sea within the ambit of tasks and powers of the Vietnam Coast Guard.

4. To organize training, retraining, refresher courses, experience exchange and transfer of equipment, science and technology in order to increase the capacity of the Vietnam Coast Guard.

5. Other international cooperation contents in accordance with Vietnam’s law, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the tasks and powers of the Vietnam Coast Guard.

Article 21.Forms of international cooperation

1. To exchange information on security, order and safety on the sea.

2. To organize or attend international conferences and seminars on security, order, safety and law enforcement on the sea.

3. To conclude international agreements with functional forces of other countries and international organizations in accordance with law.

4. To coordinate with other countries in patrolling, inspecting and controlling security, order and safety and ensuring law observance on the sea.

5. To join in drills and training; to organize the reception and courtesy visits of marine law enforcement forces of countries in the region and around the world.

6. To carry out the activities of the permanent agency and focal point for liaison of the Socialist Republic of Vietnam in accordance with Vietnam’s law, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements.

7. Other forms of international cooperation specified by Vietnam’s law, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements.

 

Chapter IV

COORDINATION OF OPERATION BETWEEN THE VIETNAM COAST GUARD AND AGENCIES, ORGANIZATIONS AND FUNCTIONAL FORCES

Article 22.Scope of coordination

1. The Vietnam Coast Guard shall assume the prime responsibility for, and coordinate with agencies, organizations and functional forces of ministries, ministerial-level agencies and provincial-level People’s Committees in, performing their tasks and exercising their powers in accordance with this Law and other relevant laws.

2. The Minister of National Defense shall prescribe the coordination between the Vietnam Coast Guard and forces of the Ministry of National Defense.

Article 23.Coordination principles

1. The coordination must be based on the tasks and powers of agencies, organizations and functional forces of ministries, ministerial-level agencies and provincial-level People’s Committees in accordance with law; and must not obstruct lawful operation of agencies, organizations and individuals on the sea.

2. The Vietnam Coast Guard and agencies, organizations and functional forces of ministries, ministerial-level agencies and provincial-level People’s Committees shall directly coordinate with one another in promptly handling cases and matters and assist one another in performing their tasks and powers in accordance with law.

3. To ensure the centralized and unified management and administration, and confidentiality of national defense and security information and professional measures of agencies, organizations and functional forces in the coordination process.

4. To ensure proactivity, flexibility, specification and effectiveness in coordination, which must be associated with the responsibility of heads of agencies in charge of coordination.

5. When detecting a violation related to the tasks and powers of several agencies, organizations and forces in the same maritime zone, the agency, organization or force that first detects such violation shall handle the violation according to its competence provided by law. If the case or matter does not fall under its competence, such agency, organization or force shall transfer the case file, persons, exhibit(s), vessel and vehicle involved in the violation to the agency, organization or force competent to assume the prime responsibility for handling. The receiving agency, organization or force shall notify investigation and handling results to the former.

Article 24.Coordination contents

1. To exchange information and documents; and propose the formulation of legal documents.

2. To protect national security, sovereignty, sovereignty rights and jurisdiction on the sea.

3. To protect marine resources and environment; protect the assets of the State, organizations and individuals, and life, health, honor and dignity of individuals lawfully operating on the sea.

4. To carry out patrol, inspection and control in order to ensure security, order and safety on the sea; prevent, detect and fight crimes and law violations; and prevent and fight piracy and armed robbery against vessels.

5. To prevent and mitigate natural disasters; search and rescue, and respond to and remedy marine environment incidents.

6. To provide training and refresher courses to Vietnam Coast Guard officers and soldiers; and organize law propaganda, dissemination and education for the people.

7. To carry out international cooperation.

8. To carry out other related coordination activities.

Article 25.Responsibilities of ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees in operational coordination with the Vietnam Coast Guard

Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall, within the ambit of their tasks and powers, coordinate with the Minister of National Defense regarding the operation of the Vietnam Coast Guard in accordance with the Government’s regulations.

 

Chapter V

ORGANIZATION OF THE VIETNAM COAST GUARD

Article 26.Organizational system of the Vietnam Coast Guard

1. The organizational system of the Vietnam Coast Guard consists of:

a/ The High Command of the Vietnam Coast Guard;

b/ The Regional High Command of the Vietnam Coast Guard and units under the High Command of the Vietnam Coast Guard;

c/ Grassroots units.

2. The Government shall detail this Article.

Article 27.Traditional day of the Vietnam Coast Guard

The traditional day of the Vietnam Coast Guard is the 28thof August.

Article 28.International transactional name

The Vietnam Coast Guard is the international transaction name ofCanh sat bien Viet Nam.

Article 29.Colors, banners, badges and signs for identification of vehicles of the Vietnam Coast Guard

1. Vessels, aircraft and other vehicles of the Vietnam Coast Guard have their own colors, banners, badges and signs for self-identification. When on duty, vessels must hang the national flag of Vietnam and the Vietnam Coast Guard flag.

2. The Government shall detail this Article.

Article 30.Seal of the Vietnam Coast Guard

The Vietnam Coast Guard may use a seal bearing the national emblem when performing its functions, tasks and powers.

Article 31.Uniforms of the Vietnam Coast Guard

Insignia, badges and uniforms of Vietnam Coast Guard officers and soldiers must comply with the Government’s regulations.

 

Chapter VI

ASSURANCE OF OPERATION OF, AND ENTITLEMENTS AND POLICIES FOR, THE VIETNAM COAST GUARD

Article 32.Funding and physical facilities for the Vietnam Coast Guard

1. The State shall ensure funding and physical facilities, land, working offices and other works for the operation of the Vietnam Coast Guard.

2. The State shall prioritize investment in modern equipment for, and research and apply scientific and technological advances to, the operation of the Vietnam Coast Guard.

Article 33.Equipment of the Vietnam Coast Guard

1. The Vietnam Coast Guard shall be equipped with vessels, aircraft and other vehicles; and weapons, explosives, supporting tools and professional technical equipment to perform its functions, tasks and powers.

2. The Minister of National Defense shall detail this Article.

Article 34.Ranks, titles, service regime, entitlements, policies and benefits of Vietnam Coast Guard officers and soldiers

1. The appointment, relief from duty, dismissal, nomination, promotion, demotion and deprivation of ranks, wage increase, reduction of wage level, training, retraining, recruitment, service and non-service regime, entitlements, policies and benefits and other regulations applicable to Vietnam Coast Guard officers and soldiers must comply with the Law on Officers of Vietnam People’s Army, Law on Professional Army Men and Defense Workers and Employees, Law on Military Service and other relevant laws.

2. Vietnam Coast Guard officers and soldiers in active service may enjoy preferential policies in conformity with their tasks and operation areas in accordance with the Government’s regulations.

Article 35.Conditions and criteria for selection of citizens to the Vietnam Coast Guard

1. Being Vietnamese citizens aged full 18 years or older, regardless of sex, having political and moral qualities, being physically fit, having clear backgrounds, and being willing to serve in the Vietnam Coast Guard.

2. Possessing professional and technical diplomas and certificates and skills suitable to the requirements of the tasks of the Vietnam Coast Guard.

3. The Minister of National Defense shall detail this Article.

Article 36.Training and retraining of Vietnam Coast Guard officers and soldiers

Vietnam Coast Guard officers and soldiers shall be trained and retrained in terms of political, professional and legal knowledge, foreign languages and other necessary knowledge to suit their assigned tasks and powers; and be encouraged to develop their talents for long-term service in the Vietnam Coast Guard.

 

Chapter VII

STATE MANAGEMENT OF AND RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES AND LOCAL ADMINISTRATIONS TOWARDS THE VIETNAM COAST GUARD

Article 37.State management of the Vietnam Coast Guard

1. Promulgating or submitting to competent authorities for promulgation, and organizing the implementation of, legal documents on the Vietnam Coast Guard;

2. Organizing and directing the operation of the Vietnam Coast Guard;

3. Providing training and refresher courses for Vietnam Coast Guard officers and soldiers;

4. Implementing entitlements and policies for the Vietnam Coast Guard;

5. Examining, inspecting and settling complaints and denunciations; making preliminary and final review, commendation and rewarding, and handling violations in the operation of the Vietnam Coast Guard.

6. Carrying out law propaganda, dissemination and education.

7. International cooperation.

Article 38.State management responsibilities toward the Vietnam Coast Guard

1. The Government shall perform the unified state management of the Vietnam Coast Guard.

2. The Minister of National Defense shall take responsibility before the Government for performing the state management of the Vietnam Coast Guard.

The Vietnam Coast Guard Commander shall take responsibility before the Minister of National Defense for organizing, managing, commanding and administering the operation of the Vietnam Coast Guard.

3. Ministers and heads of ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Minister of National Defense in performing the state management of the Vietnam Coast Guard.

Article 39.Responsibilities of People’s Councils and People’s Committees at all levels

People’s Councils and People’s Committees at all levels shall, within the ambit of their tasks and powers, facilitate the Vietnam Coast Guard in using land areas in their localities to build barracks, ship anchorages, warehouses and wharves; to carry out propaganda, dissemination and education of the law on Vietnam Coast Guard; and implement policies on social housing for Vietnam Coast Guard officers and soldiers in accordance with law.

Article 40.Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, coordinate with related agencies and organizations in mobilizing the people to implement the law on the Vietnam Coast Guard; and supervise the operation of the Vietnam Coast Guard in accordance with law.

 

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 41.Effect

1. This Law takes effect on July 1, 2019.

2. Ordinance No. 03/2008/PL-UBTVQH12 on the Vietnam Coast Guard ceases to be effective on the effective date of this Law.-

This Law was passed on November 19, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN

 



[1]Công BáoNos1135-1136 (22/12/2018)

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