What are the cases of stopping ships for inspection and control by the Vietnam Coast Guard according to regulations?

Main Content

• What are the cases of stopping ships for inspection and control by the Vietnam Coast Guard?
• Under what circumstances does the Vietnam Coast Guard exercise the right to chase a boat and vessel at sea?
• In what cases can the Vietnam Coast Guard carry out mobilization of persons, boats, vessels, civil engineering means and equipment?
• What are the contents of the patrol, inspection and control plan of the Vietnam Coast Guard?

What are the cases of stopping ships for inspection and control by the Vietnam Coast Guard?

Pursuant to Article 13 of the 2018 Law on Vietnam Coast Guard stipulating cases of stopping boats and vessels for inspection by the Vietnam Coast Guard, including:

- Directly discovering violations of law or signs of violation of law;

- Discovering and recording violations of law or signs of violation of law through technical and professional means and equipment;

- Filing accusations, denunciations and reports of crimes and violations of law;

- Submitting written requests by competent authorities for the chase and detention of persons, boats, vessels and means in violation of law;

- The violator voluntarily testifies about violations of law.

What are the cases of stopping ships for inspection and control by the Vietnam Coast Guard according to regulations? (Image from the Internet)

Under what circumstances does the Vietnam Coast Guard exercise the right to chase a boat and vessel at sea?

Pursuant to Article 17 of the 2018 Law on Vietnam Coast Guard stipulating the cases where the Vietnam Coast Guard exercises the right to chase a boat and vessel at sea as follows:

- It breaches national sovereignty, sovereign rights and jurisdiction;

- It does not follow stop signals or commands of the Vietnam Coast Guard in the case specified in clause 2 Article 13 of the 2018 Law on Vietnam Coast Guard;

- The Vietnam Coast Guard implements international cooperation in chasing activities;

- Other situations arise as provided by law.

In what cases can the Vietnam Coast Guard carry out mobilization of persons, boats, vessels, civil engineering means and equipment?

Pursuant to Article 16 of the 2018 Law on Vietnam Coast Guard stipulating as follows:

Mobilization of persons, boats, vessels, civil engineering means and equipment

1. Under certain emergency situations, in order to arrest persons, vessels and means in violation of law; carry out search and rescue missions; respond to and mitigate serious marine environmental incidents, officers and soldiers of the Vietnam Coast Guard may mobilize people, boats or vessels and civil engineering means and equipment of other Vietnamese entities and persons.

2. The mobilization stated in clause 1 of this Article must depend on the actual capabilities of mobilized persons, boats, vessels or civil engineering means or equipment which must be returned immediately after emergency situations no longer exit.

In cases where the persons and properties mobilized to perform those tasks are damaged, they shall enjoy compensation and other remuneration policies under the provisions of clause 3 of Article 6 hereof; those entities whose officers and soldiers are mobilized shall be obliged to deal with compensation issues that may arise according to the provisions of law.

3. Vietnamese entities and citizens shall take responsibility for submitting to the mobilization by the Vietnam Coast Guard.

4. Under certain emergency situations, in order to arrest persons, vessels and means in violation of law; carry out search and rescue missions; respond to and mitigate serious marine environmental incidents, officers and soldiers of the Vietnam Coast Guard may request any aid or support from foreign entities and persons operating in the territorial waters of Vietnam.

Thus, under certain emergency situations, in order to arrest persons, vessels and means in violation of law; carry out search and rescue missions; respond to and mitigate serious marine environmental incidents, officers and soldiers of the Vietnam Coast Guard may request any aid or support from foreign entities and persons operating in the territorial waters of Vietnam.

What are the contents of the patrol, inspection and control plan of the Vietnam Coast Guard?

Pursuant to Article 12 of Circular 15/2019/TT-BQP stipulating as follows:

Development and approval for plans and preparations for patrol, inspection and control

1. The Vietnam Coast Guard agency or unit assigned to patrol, inspect and control at sea shall develop a plan for patrol, inspection and control and submit it to competent authorities for approval.

2. The plan for patrol, inspection and control includes the following basic contents:

a) Forecast and assess the situation;

b) Determination of goals and tasks;

c) Determining patrol, inspection and control routes and areas;

d) Determining measures, organizing forces and formations of ships and boats;

dd) Organize command, cooperate with forces to coordinate in the performance of tasks;

e) Anticipated situations and measures to deal with them.

3. Approve patrol, inspection and control plan

a) The Commander of the Vietnam Coast Guard approves the plan for patrol, inspection and control of agencies and units directly under the Vietnam Coast Guard Command;

b) The Commander of the Coast Guard region approves the plan for patrol, inspection and control of the agencies and units directly under the Command of the Coast Guard Region;

c) The Director of the Department of Professional Affairs and Law approves the plan of patrol, inspection and control of agencies and units under the Department of Professional Affairs and Law.

4. To organize the assignment of tasks to the patrol, inspection and control forces at sea.

5. Organize additional training on relevant contents according to task requirements.

6. Prepare documents, forms and professional equipment.

7. Comprehensive inspection of the preparation for patrol, inspection and control activities.

According to the above regulations, the patrol, inspection and control plan includes the following basic contents:

- Forecast and assess the situation;

- Define goals and tasks;

- Determine routes and areas for patrolling, inspection and control;

- Determining measures, organizing forces and formations of ships and boats;

- Organizing command and coordination with forces to perform tasks;

- Anticipate the situation and take measures to handle the situation.