Coordination in pursuit of seagoing ships subject to court decisions on arrest in Vietnam

Coordination in pursuit of seagoing ships subject to court decisions on arrest in Vietnam (Internet image)

Article 9 of Decree 57/2010/ND-CP stipulates the coordination in pursuit of seagoing ships subject to court decisions on arrest as follows:

- When necessary to pursue a seagoing ship subject to a court decision on arrest, based on practical conditions and the situation and location of the seagoing ship's operation and scope of operation of forces able to join the pursuit, the port authority director may request the regional marine police or the border guard command or the waterway traffic police of the province or centrally run city where the ship is operating to assume the prime responsibility for, or coordinate with the port authority in, pursuing the seagoing ship. Requests for pursuit of seagoing ships must be made in writing.

- Written requests for pursuit of seagoing ships must be sent as most urgent telegrams, by facsimile or otherwise electronically transmitted. Such a request must clearly indicate the name, nationality. IMO number, port of registration and identification features of the ship; the serial number and date of signing of the decision on arrest of seagoing ship, the decision-issuing court and the reason for arrest, the time of departure from the port, current position, planned route and the port of destination (if any) of the ship.

- Upon receiving a written request for pursuit from the port authority director, the chief of the regional marine police or the border guard command or waterway traffic police requested to assume the prime responsibility for the pursuit shall mobilize forces and special-use vessels under his/her powers for pursuing the seagoing ship subject to the court decision on arrest, and concurrently notify such to the port authority. In case the pursuit cannot be organized, the reason must be clearly indicated. While in pursuit, the force assuming the prime responsibility for the pursuit may request other forces' coordination when necessary.

- In the course of pursuing a seagoing ship subject to a court decision on arrest, the pursuing force shall regularly contact and report on the pursuit to the port authority for coordination. After arresting the ship, the pursuing force shall escort it to the designated mooring or anchoring position and hand over it to the force supervising the seagoing ship under arrest and notify the arrest to the port authority for implementation of the court decision on arrest under regulations.

- In case it is impossible to contact the ship or the pursuit cannot be carried out or is unsuccessful, the port authority director shall promptly notify such in writing and through electronic media to the court and concerned agencies. The notice must clearly indicate the time of the ship's departure from the port and expected port of arrival, measures applied by the port authority and concerned administrations and organizations to contact and pursue the ship.

- The port authority shall assume the prime responsibility for. and coordinate with the regional marine police, the border guard command and the waterway traffic police of the province or centrally run city in. promulgating regulations on coordination in pursuit of seagoing ships subject to court decisions on arrest in the area under the port authority's management.

More details can be found in Decree 57/2010/ND-CP, which comes into force from July 9, 2010.

Nguyen Phu

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