04 cases eligible to exercise the right to chase boats and vessels at sea in Vietnam

04 cases eligible to exercise the right to chase boats and vessels at sea in Vietnam (Internet image) 

Regarding this issue, LawNet responded as follows:

1. Status and functions of Vietnam Coast Guard

Vietnam Coast Guard shall be a People’s armed force and a specialized force under the State management, shall play core roles in enforcing laws and maintaining national security, order and safety at sea.

Vietnam Coast Guard shall perform the function of counseling the Minister of Defense to promulgate, according to his/her competence, or make representations to the Party and the State on the policies and laws on protection of national security, order and safety at sea; protecting state sovereignty, sovereign rights and jurisdiction in the territorial waters of Vietnam;

Managing security, order and safety and ensuring observance of Vietnamese laws and treaties to which the Socialist Republic of Vie

(Article 3 of the Law on Vietnam Coast Guard 2018)

2. 04 cases eligible to exercise the right to chase boats and vessels at sea in Vietnam

According to Clause 1, Article 17 of the Law on Vietnam Coast Guard 2018, Vietnam Coast Guard shall exercise the right to chase a boat and vessel at sea in the following situations:

(1) It breaches national sovereignty, sovereign rights and jurisdiction;

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

- 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.

(3) The Vietnam Coast Guard implements international cooperation in chasing activities;

(4) Other situations arise as provided by law.

3. Powers of Vietnam Coast Guard

According to Article 9 of the Law on Vietnam Coast Guard 2018, powers of Vietnam Coast Guard include:

- Patrol, inspect and control people, vessels, cargo and luggage in the territorial waters of Vietnam under the provisions of the Law on Vietnam Coast Guard 2018 and other relevant law provisions.

- Use weapons, explosives and other accessories as provided for in Article 14 of the Law on Vietnam Coast Guard 2018.

- Use professional technical means and equipment under the provisions of Article 15 of the Law on Vietnam Coast Guard 2018 and other relevant law provisions.

- Impose legal penalties for administrative violations.

- Conduct a number of criminal investigation activities in accordance with the law on organization of criminal investigation agencies and criminal procedure law.

- Chase vessels in violation of law at sea.

- Mobilize people, vessels and civil technical means and equipment of Vietnamese entities and citizens in case of emergency.

- Request foreign organizations and individuals operating in the territorial waters of Vietnam to provide support and assistance in case of emergency.

- Arrest seagoing vessels in accordance with law.

- Apply working measures prescribed in Article 12 of the Law on Vietnam Coast Guard 2018.

4. Principles of organization and operation of Vietnam Coast Guard

Principles of organization and operation of Vietnam Coast Guard include:

- 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.

- Abide by the Constitution and laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

- Establish the centralized and uniform organizational structure according to the delegation of authority by the Vietnam Coast Guard Command to grassroots-level units.

- Act on its own initiative in preventing, detecting, preventing, combating and handling violations against laws.

- Combine the tasks of protecting state sovereignty, sovereign rights and jurisdiction, and managing security, order and safety at sea with the marine economic development tasks.

- Depend upon people, promote the people’s strength and be put under the people’s surveillance.

(Article 4 of the Law on Vietnam Coast Guard 2018)

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