Tasks and entitlements of patrols in Vietnam

Tasks and entitlements of patrols in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Composition of a patrol in Vietnam

According to Clause 2, Article 7 of Circular 18/2022/TT-BNNPTNT, a patrol includes a leader, a deputy leader, and members.

The leader of the patrol is the person who commands the patrol, complies with executive instructions, and takes responsibility before the person who establishes the patrol and the law. 

2. Tasks and entitlements of patrols in Vietnam

Specifically, in Clause 3, Article 7 of Circular 18/2022/TT-BNNPTNT, the tasks and entitlements of patrols include

- Perform the patrol, inspection, and control and handle violations according to the law;

- Perform the patrol according to issued plans. Comply with the command and directive of the superiors during the performance of patrolling tasks;

- Detect, prevent, and handle violations according to the law. Regarding cases beyond competency, report them to the superiors for handling according to regulations;

- Cooperate with relevant units and local authorities during the patrol, inspection, or control to enforce laws on the sea;

- Disseminate and universalize the education in the laws of Vietnam, international laws, and laws of relevant countries in the fisheries sector; provide guidelines for fishermen and relevant organizations and individuals on the implementation of regulations of fishing and aquatic resource protection laws;

- Participate in the prevention and management of natural disasters and cooperate in searching, rescuing, and performing other tasks as prescribed by law;

- Perform other tasks according to the assignment and directive of the person who establishes the patrol;

- Request relevant agencies, organizations, and individuals to provide necessary information and documents for the patrol;

- Receive weapons, assisting tools, technical means, professional measures to perform tasks, and permission to use such items as prescribed by law;

- Pursue, arrest, and keep in custody people and vehicles violating laws that do not obey orders, oppose, or intentionally flee as prescribed by law.

3. Competency in establishing patrols in Vietnam

Competency in establishing patrols: 

- Director of the Department of Fisheries Resources Surveillance shall establish patrols according to the plans for patrol, inspection, and control of the Department of Fisheries Resources Surveillance;

- Director of the Regional Fisheries Resources Surveillance Sub-Department shall establish patrols according to the plans for patrol, inspection, and control of the Regional Fisheries Resources Surveillance Sub-Department;

- Heads of Fisheries Resources Surveillance Agencies or heads of local fisheries management agencies shall establish patrols according to local plans for patrol, inspection, and control.

(Clause 1, Article 7 of Circular 18/2022/TT-BNNPTNT)

5. Cases in which fishing vessels are stopped for inspection and control in Vietnam

According to Article 11 of Circular 18/2022/TT-BNNPTNT, Fishing vessels are stopped for inspection and control when:

- Violations or signs of violations against fishing and aquatic resource protection laws are detected or recorded directly or via professional equipment.

- Information or notifications on violations against fishing and aquatic resource protection laws from organizations and individuals are received.

- Superior management agencies or competent agencies direct or request the stopping of fishing vessels.

- There are other signs of law violations as prescribed by the law.

- The inspection of compliance with fishing and aquatic resource protection laws is performed.

Thanh Rin

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