What is maritime security level under the law in Vietnam? Latest Maritime security levels in Vietnam

What is maritime security level under the law in Vietnam? Latest Maritime security levels in Vietnam (Internet image)

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

1. What is maritime security level under the law in Vietnam? 

According to Clause 3, Article 3 of Decree 170/2016/ND-CP, maritime security level is the quantification of the degree of risk that a maritime security incident will happen to a ship, mobile drilling rig or port facility.

2. Latest Maritime security levels in Vietnam

According to Article 4 of Decree 170/2016/ND-CP, there are 03 levels of maritime security:

- Level 1means the level for which minimum appropriate protective security measures must be maintained at all times of normal operation of a ship, mobile drilling rig or port facility.

- Level 2 means the level for which appropriate additional protective security measures must be maintained for a period of time as a result of heightened risk of security incident.

- Level 3 means the level for which further protective security measures must be maintained for a limited period of time when a security incident is probable or imminent.

3. Regulations on receipt, processing and transmission of maritime security level information in Vietnam

According to Article 7 of Decree 170/2016/ND-CP, receipt, processing and transmission of information on maritime security levels shall be carried out as follows:

- The Coast Guard Command shall notify the maritime security level and changes in maritime security levels to the Maritime Security Information Center (hereinafter referred to as “Center”).

- After receipt of information specified in clause 1 of Article 7 of Decree 170/2016/ND-CP, the Center shall transmit such information to:

+ The Inland Port Authority and Port authority;

+ Shipowners’ security officers;

+ The competent authorities of relevant nations and the Consular Department – Ministry of Foreign Affairs.

In case the Center fails to contact with the competent authority of the nation whose flag is flown on the ship or mobile drilling rig, it shall be notified to relevant authorities of that nation via the Consular Department.

- Processing of information transmitted by the Center:

+ Port authorities and inland waterway port authorities shall notify the security officers of ships, port facilities and mobile drilling rigs expected to arrive or operate in the port facilities within the administration,  and notify to the Border guard of the port or police authority of the port;

+ Shipowner’s security officers shall notify of the maritime security level to ship security officers within the management for appropriate application of maritime security level to ships and mobile drilling rigs.

- The security plan approved by the competent authority shall be implemented and applied to ships, mobile drilling rigs and port facilities.

4. Regime for cooperation in receipt, processing and transmission of maritime security information in Vietnam

Regime for cooperation in receipt, processing and transmission of maritime security information in Vietnam according to Article 10 of Decree 170/2016/ND-CP is as follows:

- It shall ensure that receipt, processing and transmission of maritime security information  between the Center, Coast Guard Command, Ministry of Public Security , relevant authorities and port facilities’ owners and shipowners is smoothly, precisely and lawfully conducted around the clock in accordance with the regulation of laws on confidentiality and via proper means such as by post, telephone, facsimile or email as prescribed in the contact list published by Vietnam Maritime Administration.

- In the process of receipt, processing and transmission of maritime security information concerning about the functions and responsibilities of other authorities, the two responsible parties shall actively negotiate and cooperate in implementation.

- The Coast Guard Command and Ministry of Public Security shall inform the Center and relevant authorities (if requested) of the results of security information processing.

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