How is maritime search and rescue in Vietnam performed? How to penalize acts of refusal to search and rescue in maritime operations in Vietnam?
How is maritime search and rescue in Vietnam performed?
According to the provisions of Article 122 of the 2015 Vietnam Maritime Code on maritime search and rescue as follows:
- Ships and hydroplanes which are in distress and need any help must send a distress call in accordance with laws and regulations.
- Any ship and hydroplane that discovers or receives a distress call from people or other ship in distress at sea or a port water area, if there are necessary and sufficient actual conditions for any rescue action and if rescue activities do not pose any serious danger to the ship and people onboard, must make every effort to help and rescue people in distress, even though such effort entails the ship's going off the predetermined course, and must promptly advise any relevant organization and individual of this.
- The maritime search and rescue coordination authority must stay always ready to organize and cooperate on search and rescue operations in a timely manner to search and rescue people in distress within the search and rescue area under its management and shall be entitled to mobilize people and equipment for the purpose of participation in search and rescue efforts.
- The Minister of Transport shall adopt specific regulations on organization and operation of the maritime search and rescue coordination authority.
How is maritime search and rescue in Vietnam performed? How to penalize acts of refusal to search and rescue in maritime operations in Vietnam?
Is refusal to carry out a search and rescue order a violation of maritime law?
Pursuant to the provisions of Article 12 of the 2015 Vietnam Maritime Code (amended by Clause 2, Article 2 of the 2018 Law on Amendments and Supplements to some Articles concerning planning of 37 Laws) on the prohibited acts in maritime operations as follows:
Prohibited acts in marine operations in Vietnam
1. Harm or pose threatened harms to national sovereignty and security.
2. Carry people, goods, baggage, weapons, radioactive substances, hazardous discarded substances and narcotics in contravention of laws.
3. Intentionally create obstacles which can pose dangers or obstructions to marine traffic.
4. Use and operate ships which have not been registered or inspected or exceed the validity duration of registration and inspection; use counterfeit registration and inspection.
5. Refuse to participate in marine search and rescue activities if practical conditions permit.
6. Cause environmental pollution.
7. Infringe upon life, health, honor and dignity of persons aboard ships; embezzle and intentionally damage or ruin property aboard ships; take flight after causing any shipwreck.
8. Cause the public disorder, impede or react against implementation of duties of law enforcers onboard ships and at seaports.
9. Destroy, damage, disassemble or steal components, parts, raw materials, building materials and equipment of marine construction works.
10. Damage, destroy and intentionally move or reduce the efficacy of marine signaling systems.
11. Explode bombs or other explosive materials within the boundaries of a seaport, port water area or navigational channel without authorization granted by competent authorities.
12. Illegally build and operate seaports and other structures within the boundaries specified in the comprehensive planning for seaport system development, detailed planning for a cluster of seaports, ports, wharves, mooring buoys and dedicated waters, detailed planning for development of seaport land and waters, planning for development of inland port system and other relevant planning in accordance with regulations of the law on planning, and within navigational channels and safety perimeter of maritime works.
13. Develop construction projects which may reduce or eliminate effects of marine structures.
14. Commit abuse of title, position and authority to contravene regulations on port authority; abet and screen persons who commit violations against maritime laws from any punitive measures.
Thus, refusal of participation in marine search and rescue activities if practical conditions permit is prohibited in maritime operations.
How to penalize acts of refusal to search and rescue in maritime operations when there is a dispatching order?
According to the provisions of Article 53 of Decree 142/2017/ND-CP on handling of administrative violations against regulations on maritime search and rescue as follows:
Violations against regulations on maritime search and rescue
1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:
a) Sending distress signals whole the ship and persons on-board are still in safe status without adopting measures for correction of such mistake;
b) Failure to timely provide accurate and sufficient information concerning the Cospas-Sarsat system to serve the performance of search and rescue tasks as prescribed;
c) Failure to participate in exercises/drills and implement the plan for cooperation between ships and search and rescue services as prescribed.
2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for one of the following violations:
a) Failure to discharge obligations according to applicable regulations on maritime search and rescue;
b) Delayed execution of dispatching or shifting orders made by competent authorities during the carrying out of search and rescue activities as regulated.
3. The following fines shall be imposed for failure to obey dispatching or shifting orders made by competent authorities during the carrying out of search and rescue activities as regulated:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on a ship of below 200 GT;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
c) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed on a ship of 3,000 GT and above.
4. Additional penalties: Suspend the master’s certificate of competency for a fixed period of 03 - 06 months if the violation prescribed in Point a Clause 2 or one of the violations prescribed in Clause 3 of this Article is committed.
Thus, those who refuse to carry out search and rescue may be fined from VND 5 million to VND 80 million, and at the same time suspended from the master’s certificate of competency for a fixed period of 03 - 06 months.
Note, the above fine level applies to individuals, in case organizations violate, the fine level is 2 times that of individuals.
Nguyễn Thị Hồng Nhung