Nghị định 86/2009/NĐ-CP Hướng dẫn Pháp lệnh lực lượng cảnh sát biển Việt Nam

DECREE

, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE ORDINANCE ON THE VIETNAM MARINE POLICE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the 2008 Ordinance on the Vietnam Marine Police;
At the proposal of the Minister of National Defense,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides a number of articles of the Ordinance on the Vietnam Marine Police regarding the organization and operation of, equipment supplied to. and benefits and preferential policies for, the Vietnam Marine Police.

Article 2. Subjects of application

This Decree applies to the Vietnam Marine Police and Vietnamese and foreign organizations and individuals. For cases it is otherwise provided for by treaties to which the Socialist Republic of Vietnam is a contracting party, these treaties prevail.

Article 3. Organization and operation of the Vietnam Marine Police

1. The Vietnam Marine Police is organized under the Ordinance on the Vietnam Marine Police, this Decree and other relevant legal documents.

2. The Vietnam Marine Police operates in accordance with Vietnam's laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. The Ministry of National Defense shall directly manage and regulate operations of the Vietnam Marine Police.

Article 4. International transaction name

Its English name used in international relations is Vietnam Marine Police. ,

Chapter II

ORGANIZATION OF THE VIETNAM MARINE POLICE

Article 5. Organizational system of the Vietnam Marine Police

1. The Marine Police Department.

2. Units under the Vietnam Marine Police Department, including:

a/ Regional Marine Police. A regional Marine Police consists of marine police regiments, flotillas, scout teams and professional squads:

b/ The marine police regiments:

c/ The scouting force:

d/ The task force against drug-related crimes;

e/ The Marine Police Information Center:

f/ The Marine Police Training Center.

3. The Ministry of National Defense shall provide for the payroll, equipment and specific tasks of marine police agencies and units.

Article 6. The Marine Police Department

The Marine Police Department has the legal entity status and own seal and has its organization and operation funds allocated from the slate budget. It is allowed to open an account at the State Treasury and has its headquarters in Hanoi and a representative office in Ho Chi Minh City.

Article 7. Regional Marine Police

1. Region 1 Marine Police manages the sea areas and continental shelf from the estuary of Bac Luan river, Quang Ninh province, to Con Co island, Quang Tri province. It is headquartered in Hai Phong city.

2. Region 2 Marine Police manages the sea areas and continental shelf from Con Co island. Quang Tri province, to Xanh islet, Binh Dinh province. It is headquartered in Quang Nam province.

3. Region 3 Marine Police manages the sea areas and continental shelf from Xanh islet to the northern bank of Dinh An estuary. Tra Vinh province. It is headquartered in Ba Ria - Vung Tau province.

4. Region 4 Marine Police manages the sea areas and continental shelf from the northern bank of Dinh An estuary, Tra Vinh province, to Ha Tien. Kien Giang province. It is headquartered in Ca Mau province.

Article 8. Policemen and scouts

1. Policemen and scouts are legal titles of the Vietnam Marine Police who are tasked to handle administrative violations and prevent and combat crimes.

2. The Minister of National Defense shall provide for criteria and procedures for the appointment and dismissal of legal titles of the Vietnam Marine Police.

Chapter III

PENNANTS. INSIGNIAS AND UNIFORMS OF THE VIETNAM MARINE POLICE

Article 9. Pennants

1. Ensign

The ensign of the Vietnam Marine Police has the shape of a marine blue-background isosceles triangle of 1.5 meter in height and 1 meter at its base with the national emblem in the center and a yellow arrow crossing the background.

The ensign will be hung on a 2.5-meter mast erected at the stern (particularly for search and rescue ships, the ensign will be put up at the upper afterdeck).

2. Symbol

The symbol has two parallel orange and white stripes of a length equal to the height of the ship's freeboard.

The first stripe in orange lies at the end of the ship's bow adjacent to the front point of the hull at an angle of 30° - 40°, with a breadth of 0.5 - 1 meter (depending on the ship's size). The second stripe in white lies next to the first stripe with a breadth equal to a quarter of that of the first stripe.

The symbol will be painted on both sides of the ship.

3. Colors of the Vietnam Marine Police's ships

The Vietnam Marine Police's ships have the following colors:

a/ The hull of a patrol ship or environmental ship is painted blue while its command tower is painted white:

On the hull:

The ship number is painted white after the two-stripe symbol;

The following words are painted white in capital letters before the two-stripe symbol:

CANH SAT BIEN VIET NAM (upper line)

VIETNAM MARINE POLICE (lower line).

b/ The hull of a search and rescue ship is painted orange while its command tower is painted white with an orange upper border.

On the hull:

The ship number is painted white after the two-stripe symbol;

The following words are painted white in capital letters before the two-stripe symbol:

CANH SAT BIEN VIET NAM (upper line)

VIETNAM MARINE POLICE (lower line).

4. Colors of the Vietnam Marine Police's aircraft

a/ Aircraft fuselage

The lower part of the fuselage is painted marine blue (from the lower line of the aircraft's convex windows downwards to the cockpit's windshield).

The upper part of the fuselage is painted white (from the lower line of the aircraft's convex windows upward to the cockpit's windshield and the aircraft's wings).

b/ Aircraft head

The head of the aircraft is painted with two orange and white stripes on the marine blue background of the lower part of the fuselage. The first stripe in orange stretches from the lower edge of the cockpit down to the lower part of the fuselage at an angle of 15" - 20° and has a breadth of 0.5-1 meter (depending on the aircraft's size; The insignia of the Vietnam Marine Police will be painted in the middle of the first stripe. The second stripe is painted white next to the first stripe with a breadth equal to a quarter of that ol the first stripe.

The aircraft number is painted white after the two-stripe symbol;

The following words are painted white in capital letters before the two-stripe symbol:

CANH SAT BIEN VIET NAM (upper line)

VIETNAM MARINE POLICE (lower line).

The nose of the aircraft is painted blue.

c/ Wings

The upper and lower parts the main wings are painted white.

The upper and lower parts of the horizontal stabilizer are painted white.

Both sides of the upper part of the vertical stabilizer are painted with the Vietnamese national Hag. while the lower part is painted with the Vietnam Marine Police's insignia and the remaining parts are painted white.

e/ Engine and propeller

The pods of two engines are painted white.

Article 10. Insignia

The insignia of the Vietnam Marine Police has the shape of a shield on a 105 x 80 mm blackish purple background with a 2 mm red rim and crossed swords. It has a white-color anchor in the center flanked by two yellow rice ears, the red-lettered CSB underneath and a five-point star at the top.

Article 11. Uniforms of the Vietnam Marine Police

Badges, straps, insignias. uniforms and ceremonial uniforms of the Vietnam Marine Police comply with the Prime Minister's regulations applicable to the Vietnam People's Army.

Article 12. Regulations on the use of the national flag, pennant, insignia and uniforms

While on duty, ships, boats and other vehicles of the Vietnam Marine Police shall fly a national flag and its pennant: Vietnam Marine Police officers and soldiers shall wear uniforms with the insignia of the Vietnam Marine Police according to regulations.

Chapter IV

OPERATION OF THE VIETNAM MARINE POLICE

Article 13. Scope of operation of the Vietnam Marine Police

The Vietnam Marine Police operates on the sea areas and continental shelf of the Socialist Republic of Vietnam.

Article 14. Law enforcement activities on the sea

1. The Vietnam Marine Police shall examine, control, detect, prevent and handle violations and crimes on the sea areas and continental shelf of Vietnam according to Vietnam's law and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Individuals, organizations and vehicles operating on the sea areas and continental shelf of the Socialist Republic of Vietnam are subject to the inspection and control of the Vietnam Marine Police to ensure security, order and safety and the observance of Vietnam's law and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

3. The Minister of National Defense shall specify the procedures for examination and control operations of the Vietnam Marine Police.

Article 15. International cooperation activities

1. Providing education, training and professional training to raise the operational capacity of the Vietnam Marine Police.

2. Preventing and combating armed piracy in Asia.

3. Controlling, preventing and combating illegal entry and exit activities on the sea.

4. Entering into cooperation in patrolling, examining and supervising the conservation and management of marine resources.

5. Conducting search and rescue activities, controlling marine environmental pollution and responding to marine environmental incidents.

6. Controlling, preventing and combating drug-related crimes on the sea.

7. Other related international cooperation activities.

Article 16. Use of weapons, supportive instruments and specialized technical means and equipment

While on duty, the Vietnam Marine Police may use weapons and supportive instruments as prescribed by law; the use of specialized technical equipment in Vietnam Marine Police operations shall be prescribed by the Minister of National Defense.

Article 17. Specialized measures

1. The Vietnam Marine Police may apply specialized measures under the Law on National Security and other relevant legal documents.

2. While preventing and combating crimes and illegal acts on the sea, professional units and officers of the Vietnam Marine Police may apply necessary specialized measures and shall take responsibility for their activities.

3. The Prime Minister shall issue a Regulation on specialized operations of the Vietnam Marine Police referred to in Clause 2 of this Article.

Chapter V

PREFERENTIAL REGIMES AND POLICIES

Article 18. Preferential allowances

Seniority allowances for those who work for a long term in border and island regions and sea-sailing allowances for those who perform search and rescue tasks applicable to the Vietnam Marine Police shall be prescribed by the Prime Minister.

Article 19. Policies towards war invalids and fallen heroes applicable to officers and soldiers on duty at the sea

Officers and soldiers of the Vietnam Marine Police who die or are injured while performing their duties at the sea due to illness or accidents shall be considered and certified by competent agencies as fallen heroes, war invalids or policy beneficiaries like war invalids and diseased soldiers according to the law on preferential policies for people with meritorious services.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 20. Effect

This Decree takes effect on December 4, 2009, and replaces the Government's Decree No. 53/1998/ND-CP of July 21, 1998, providing for the organization and operation of the Vietnam Marine Police.

Article 21. Organization of implementation

1. Annually, the Ministry of National Defense shall coordinate with the Ministry of Planning and Investment and the Ministry of Finance in estimating funds to ensure regular operation and implementation of the Project on development of the Vietnam Marine Police.

2. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs in, guiding the provisions on preferential regimes and policies applicable to the Vietnam Marine Police.

3. The Minister of National Defense shall guide and organize the implementation of this Decree.

Article 22. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and the director of the Marine Police Department shall implement this Decree.

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