Luật Cảnh sát biển Việt Nam 2018

LAW

VIETNAM COAST GUARD

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby passes the Law on Vietnam Coast Guard.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law prescribes the status, functions, roles, powers, organization and operation of the Vietnam Coast Guard; compensation package and other policies for the Vietnam Coast Guard; responsibilities of involved entities and persons.

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For the purposes of this Law, terms used herein shall be construed as follows:

1. Defending state sovereignty, sovereign rights and jurisdiction in the territorial waters of Vietnam refers to duties of preventing, detecting, combating and sanctioning entities or persons in contravention of legislation on national sovereignty, sovereign rights and jurisdiction in the territorial waters of the Socialist Republic of Vietnam.  

2. Vietnam Coast Guard’s officers and soldiers include military officers, professional soldiers, non-commissioned officers, servicemen, workers and civil servants belonging to the established staff of the Vietnam Coast Guard.

Article 3. Status and functions of Vietnam Coast Guard

1. 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.

2. 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 Vietnam is a contracting party or international agreements within its competence.

Article 4. Principles of organization and operation of Vietnam Coast Guard

1. 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.

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

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

5. 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.

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

Article 5. Building of Vietnam Coast Guard

1. The State shall build the Vietnam Coast Guard in a revolutionary, formal, elite and modern manner; shall prioritize resources necessary for development of the Vietnam Coast Guard.

2. Vietnamese entities and citizens shall be held responsible for getting involved in building the immaculate and powerful Vietnam Coast Guard.

Article 6. Responsibilities of and compensation package and other policies granted to entities and persons joining, cooperating and collaborate with and supporting the Vietnam Coast Guard 

1. Entities and persons operating in the territorial waters of Vietnam shall have responsibility to participate in, cooperate with, collaborate with, support and assist the Vietnam Coast Guard in performing its functions, tasks and powers.

2. Vietnamese entities and citizens shall have to cooperate with the Vietnam Coast Guard in implementing decisions on mobilization of manpower, vessels and civil technical equipment and facilities of competent authorities for protection of national sovereignty, sovereign rights and jurisdiction in the territorial waters of Vietnam.

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Article 7. Prohibited acts

1. Opposing and hindering the activities of the Vietnam Coast Guard; taking revenge on, threatening, invading life, health, honor and dignity of officers and soldiers of the Vietnam Coast Guard while on duty or for reasons pertaining to performing its duties.

2. Squaring, bribing or coercing officers and soldiers of the Vietnam Coast Guard to abuse their functions, tasks and powers.

3. Impersonating officers and soldiers of the Vietnam Coast Guard; using counterfeit vessels and other water transport equipment under the ownership of the Vietnam Coast Guard; faking, trading and illegally using uniforms, seals and documents as property of the Vietnam Coast Guard.

4. Misusing and abusing official titles, powers and positions of officers and soldiers of the Vietnam Coast Guard so as to violate laws; invading legitimate rights and benefits of entities and persons.

5. Officers and soldiers of the Vietnam Coast Guard harass and make trouble for legally licensed entities and persons.

6. Committing other acts of violation against provisions enshrined herein.

Chapter II

DUTIES AND POWERS OF VIETNAM COAST GUARD

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1. Collect information, analyze, evaluate and forecast the situation so as to propose guidelines, solutions and plans for national security protection and law enforcement at sea; study, analyze, forecast and counsel competent authorities to promulgate policies and legislation on the protection of national sovereignty, sovereign rights, jurisdiction and national security in the territorial waters of Vietnam, maintain order, safety, prevent and combat crimes and violations against legislation on the sea.

2. Defend national sovereignty, sovereign rights, jurisdiction, security, and interests of the state and people; conserve marine resources and environment; protect legitimate property, rights and interests of entities and persons at sea.

3. Strive for the prevention and control of crimes, violations of law, maintenance of security, order and safety at sea; search, rescue and participate in mitigation of marine environmental emergencies.

4. Participate in the building of the defense and security posture and respond to defense and security situations at sea.

5. Carry out propaganda, dissemination and education of law.

6. Receive and utilize personnel, vessels and civil engineering equipment mobilized to defend national sovereignty, sovereign rights and jurisdiction in the territorial waters of Vietnam.

7. Implement international cooperation based on treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the functions, tasks and powers of the Vietnam Coast Guard.

Article 9. Powers of Vietnam Coast Guard

1. Patrol, inspect and control people, vessels, cargo and luggage in the territorial waters of Vietnam under the provisions of this Law and other relevant law provisions.

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3. Use professional technical means and equipment under the provisions of Article 15 of this Law and other relevant law provisions.

4. Impose legal penalties for administrative violations.

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

6. Chase vessels in violation of law at sea.

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

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

9. Arrest seagoing vessels in accordance with law.

10. Apply working measures prescribed in Article 12 hereof.

Article 10. Obligations and responsibilities of Vietnam Coast Guard’s officers and soldiers

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2. Express their determination to defend national sovereignty, sovereign rights and jurisdiction in the Vietnamese territorial waters; combat crimes, violations of law, maintain security, social order and safety, keep the Vietnamese waters peaceful, stable and developed.

3. Watch out for and protect state and on-duty secret; strictly implement the working measures of the Vietnam Coast Guard.

4. Strictly abide by international treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the functions, tasks and powers of the Vietnam Coast Guard.

5. Frequently train themselves to improve political competence, legal knowledge, professional qualifications, a sense of discipline, and take more physical exercises.

6. Assume responsibility before law and to the superiors for their decisions and performance during the on-duty period.

Chapter III

ACTIVITIES OF VIETNAM COAST GUARD

SECTION 1. SCOPE OF ACTIVITIES AND WORKING MEASURES OF VIETNAM COAST GUARD

Article 11. Scope of activities performed by Vietnam Coast Guard

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2. In the case of serving humanitarian or peaceful purposes, combating, preventing and controlling crimes and violations of law, the Vietnam Coast Guard may operate outside the territorial waters of Vietnam; while on duty, shall be required to comply with the laws of Vietnam, international treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements related to the functions, tasks and powers of the Vietnam Coast Guard.

Article 12. Working measures of Vietnam Coast Guard

1. Vietnam Coast Guard shall implement mass mobilization, diplomatic, economic, scientific-technical, professional and armed measures to defend national security, maintain order and safety at sea as provided in law.

2. The Vietnam Coast Guard’s Commander shall decide to use working measures as provided for in clause 1 of this Article and take responsibility before law and the superior for its decision.

SECTION 2. ENFORCEMENT OF LAW AT SEA BY VIETNAM COAST GUARD

Article 13. Patrol, inspection and control

1. Vietnam Coast Guard shall patrol, inspect and control people, vessels, cargoes and luggage in order to detect, prevent and handle law violations at sea.

2. Cases of stopping boats and vessels for inspection shall include:

a) Directly discovering violations of law or signs of violation of law;

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c) Filing accusations, denunciations and reports of crimes and violations of law;

d) Submitting written requests by competent authorities for the chase and detention of persons, boats, vessels and means in violation of law;

dd) The violator voluntarily testifies about violations of law.

3. While performing the tasks of patrol, inspection and control, the Vietnam Coast Guard must display the colors of its vessels, aircraft and other means; pennants, insignia, identity signs and uniform in accordance with Article 29 and 31 hereof.

4. Entities and persons operating in the territorial waters of Vietnam shall be responsible for submitting to the inspection and control of the Vietnam Coast Guard.

5. The Minister of National Defense shall regulate the procedures for patrol, inspection and control of the Vietnam Coast Guard.

Article 14. Use of weapons, explosives and other accessories

1. While on duty, officers and soldiers of the Vietnam Coast Guard shall be entitled to use military weapons, explosive materials and other accessories, and may fire military guns, under the provisions of the Law on Management and Usage of Weapons, Explosives and Other Accessories.

2. Apart from cases of firing military guns as per the Law on Management and Use of Weapons, Explosives and Other Accessories, when performing the task of fighting against crimes and law violations, and maintaining security, order and safety, officers and soldiers of the Vietnam Coast Guard shall be allowed to open fire on ships and boats at sea, except for vessels, boats or ships of foreign diplomatic missions, consulates and representative missions of international organizations, vessels carrying passengers or holding hostage, in order to stop vessels, boats or ships:

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b) If it is determined that the ship or vessel operated by the offender is trying to run away; 

c) If it is determined that the ship or vessel carrying offenders or illegally transporting weapons, explosives, reactionary documents, state secrets, drugs or national treasure is attempting to run away;

d) If a person committing the act of piracy or armed robbery under the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party or criminal legislation tries to run away aboard the ship or vessel.

3. In case of firing under clause 2 of this Article, officers and soldiers of the Vietnam Coast Guard must warn by actions, orders, speech or shoot into the air before opening fire on boats or vessels; must obey the orders of competent persons when performing organized tasks.

Article 15. Use of technical and professional means and equipment

1. The Vietnam Coast Guard shall use the technical and professional means and equipment and the achieved results to analyze, evaluate and forecast the situation that may happen in the course of the protection of national sovereignty, sovereign rights, jurisdiction and national security and interests of the Homeland and people at sea; detect, arrest, investigate and handle crimes and law violations according to legislation on handling of administrative violations and violations against the criminal procedure law.

2. Technical and professional means and equipment of the Vietnam Coast Guard before being put to use must be inspected, calibrated, tested and strictly follow the prescribed process, and ensure safety according to the provisions of law.

3. The Government shall regulate the management, utilization and list of technical and professional means and equipment of the Vietnam Coast Guard.

Article 16. Mobilization of persons, boats, vessels, civil engineering means and equipment

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2. The mobilization stated in clause 1 of this Article must depend on the actual capabilities of mobilized persons, boats, vessels or civil engineering means or equipment which must be returned immediately after emergency situations no longer exit.

In cases where the persons and properties mobilized to perform those tasks are damaged, they shall enjoy compensation and other remuneration policies under the provisions of clause 3 of Article 6 hereof; those entities whose officers and soldiers are mobilized shall be obliged to deal with compensation issues that may arise according to the provisions of law.

3. Vietnamese entities and citizens shall take responsibility for submitting to the mobilization by the Vietnam Coast Guard.

4. Under certain emergency situations, in order to arrest persons, vessels and means in violation of law; carry out search and rescue missions; respond to and mitigate serious marine environmental incidents, officers and soldiers of the Vietnam Coast Guard may request any aid or support from foreign entities and persons operating in the territorial waters of Vietnam.

Article 17. Exercise of the right to chase boats and vessels at sea

1. Vietnam Coast Guard shall exercise the right to chase a boat and vessel at sea in the following situations:

a) It breaches national sovereignty, sovereign rights and jurisdiction;

b) It does not follow stop signals or commands of the Vietnam Coast Guard in the case specified in clause 2 of Article 13 herein;

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

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2. The scope, competence and order of chasing ships at sea by ​​the Vietnam Coast Guard shall conform to the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 18. Announcement, notice and change of maritime security levels

The Vietnam Coast Guard’s Command Board shall announce the level or change of level of maritime security and notify the competent authority thereof; receive and process information on maritime security; notify the appropriate maritime security measures to be applicable to vessels operating in the Vietnamese territorial waters.

SECTION 3. INTERNATIONAL COOPERATION OF THE VIETNAM COAST GUARD

Article 19. International cooperation principles

1. Carry out international cooperation on the basis of complying with the laws of Vietnam, treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements under its jurisdiction; adhere to the basic principles of international law; maintain national independence, sovereignty, sovereign rights and jurisdiction; protect interests of the Homeland and people, legitimate rights and benefits of entities and persons at sea.

2. Promote the internal strength and support and assistance of the international community, and ensure the enforcement of law at sea.

Article 20. Contents of international cooperation

1. Prevention and combating of piracy and armed robbery against boats and vessels.

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3. Prevention and control of pollution, marine environmental incident prevention, response and remediation; control of the conservation of marine resources; protection of marine biodiversity and ecosystems; prevention, response to and warning against natural disasters; provision of humanitarian assistance and response to disasters; search, rescue and salvage at sea within the scope of tasks and powers of the Vietnam Coast Guard.

4. Organization of training and refresher courses, experience exchanges and transfers of equipment, scientific and technological know-how for the purpose of strengthening the capacity of Vietnam Coast Guard.

5. Other international cooperation contents under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party and international agreements related to the duties and powers of the Vietnam Coast Guard.

Article 21. International cooperation approaches

1. Exchanging information about security, order and safety at sea.

2. Holding or participating in international seminars or workshops on security, order, safety and enforcement of law at sea.

3. Participating in conclusion of international agreements with competent forces of other countries or international organizations in accordance with laws.

4. Cooperating in performing the patrol, inspection and control tasks to maintain security, order, safety as well as ensure compliance with law at sea.

5. Joining training courses or practices; welcoming and pay courteous visits to law enforcement forces on the seas of ​​countries in the region and the world.

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7. Taking other international cooperation approaches under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party and other international agreements.

Chapter IV

COOPERATION IN PERFORMING ACTIVITIES BETWEEN VIETNAM COAST GUARD AND OTHER COMPETENT AUTHORITIES, BODIES OR FORCES

Article 22. Cooperation scope

1. The Vietnam Coast Guard shall assume the prime responsibility for, and cooperate with competent authorities, bodies or forces affiliated to the ministries, ministerial-level agencies and provincial-level People's Committees in performing the tasks and powers of the Vietnam Coast Guard under the provisions of this Law and other relevant legislation.

2. The Minister of National Defense shall regulate the cooperation between Vietnam Coast Guard and other forces under the management of the Ministry of National Defense.

Article 23. Cooperative principles

1. The cooperation must be based on the tasks and powers of competent authorities, bodies and forces under the control of the ministries, ministerial-level agencies and provincial-level People's Committees according to the provisions of law; must not hinder the lawful activities of entities and persons at sea.

2. Vietnam Coast Guard and other competent authorities, bodies and forces under the management of the ministries, ministerial-level agencies and provincial-level People's Committees shall directly enter into a cooperation in promptly dealing with cases and assisting in performing the tasks and powers prescribed by law.

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4. Ensure proactive, flexible, specific and effective cooperation associated with responsibilities of heads of presiding and cooperating bodies.

5. In the same sea, when detecting acts of law violation related to the tasks and powers of multiple authorities, bodies and forces, authorities, bodies or forces that first detect such acts must take actions under their jurisdiction prescribed by law; if the case falls beyond the competence of an authority, body or force, dossiers, persons, material evidences, boats and means in violation of law shall be transferred to authorities, bodies or forces having competence in presiding over handling of such cases. Receiving authorities, bodies or forces shall be responsible for informing investigation and handling results to referring authorities, bodies or forces.

Article 24. Cooperative contents

1. Exchanging information and materials; proposing the formulation of legislative documents.

2. Protecting national security, sovereignty, sovereign rights and jurisdiction in the territorial waters.

3. Defending marine resources and environment; protecting property of the State, entities and persons; human lives, health, honor and dignity of persons at sea.

4. Patrolling, inspecting and controlling the maintenance of security, order and safety at sea; preventing, detecting, controlling and combating crimes and law violations; combating, preventing and controlling piracy and armed robbery against boats and vessels.

5. Preventing and controlling natural disasters; carrying out search, rescue and responding to and mitigating marine environmental incidents.

6. Holding training and practices for officers and soldiers of the Vietnam Coast Guard; disseminating, communicating and raising awareness of laws for the people.

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8. Performing other relevant cooperation activities.  

Article 25. Responsibilities of Ministers, Heads of Ministry-level agencies and Chairpersons of provincial People's Committees for cooperation in performing activities with the Vietnam Coast Guard

Ministers, Heads of Ministry-level agencies and provincial People’s Committees shall, within their respective duties and powers, have responsibility for cooperating with the Minister of National Defense in terms of activities performed by the Vietnam Coast Guard under the Government’s regulations.

Chapter V

STRUCTURING OF VIETNAM COAST GUARD

Article 26. Organization structure of Vietnam Coast Guard

1. The organization structure of Vietnam Coast Guard shall include:

a) Vietnam Coast Guard’s Command Board;

b) Regional Command Board of the Coast Guard and other affiliates of the Vietnam Coast Guard’s Command Board;

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2. The Government shall issue specific regulations of this Article.

Article 27. Anniversary day of Vietnam Coast Guard

August 28 of each year shall become the anniversary day of Vietnam Coast Guard.

Article 28. International transaction name

The international transaction name of “Cảnh sát biển Việt Nam” shall be Vietnam Coast Guard.

Article 29. Colors, pennants, insignia and identity signs of means of the Vietnam Coast Guard

1. Ships, vessels, aircraft and other means of the Vietnam Coast Guard shall have particular colors, pennants, insignia and identity signs. While on duty, its vessels and ships must fly the Vietnamese flag and pennant of the Vietnam Coast guard.

2. The Government shall issue specific regulations of this Article.

Article 30. Seal of Vietnam Coast Guard

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Article 31. Uniform of Vietnam Coast Guard

Service badges, rank insignia, emblems, service uniform and ceremonial dress of officers and soldiers of the Vietnam Coast shall be subject to the Government’s regulations.

Chapter VI

ASSURANCE OF OPERATIONS OF VIETNAM COAST GUARD AND COMPENSATION OR OTHER POLICIES FOR VIETNAM COAST GUARD

Article 32. Funds and infrastructure facilities for assurance of operations of Vietnam Coast Guard

1. The State shall provide adequate funding and facilities, land, offices and construction works for activities of the Vietnam Coast Guard.

2. The State shall give Vietnam Coast Guard preference for investments in modern equipment, research and application of scientific and technological achievements.

Article 33. Equipment of Vietnam Coast Guard

1. Vietnam Coast guard shall be equipped with vessels, boats, aircraft and other means; weapons, explosives, accessories and other technical and professional equipment for implementing delegated functions, duties and powers.

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Article 34. Ranks, military ranks, titles, service regimes, compensation policies and interests of officers and soldiers of the Vietnam Coast Guard

1. Appointment, dismissal, discharge, bestowing, raising, lowering, deprivation of ranks, military ranks, salary increases, pay grade lowering, training, education, recruitment, service regimes, service discharge, policies and interests and other regulations applicable to officers and men of the Vietnam Marine Police shall be subject to the provisions of the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, National Defence Workers and Employees, the Law on Military Service and other relevant law soft provisions.

2. Officers and soldiers of the Vietnam Coast Guard shall, while on active duty, receive preferential policies appropriate for the nature of duties and localities prescribed in the Government’s regulations. 

Article 35. Requirements and standards for selection of citizens eligible for admission to the Vietnam Coast Guard

1. Vietnamese citizens aged 18 or over, regardless of male or female, having good moral, ethical, health qualities and CV backgrounds, and making a long-term commitment to voluntarily serving in the Vietnam Coast Guard shall be eligible to apply for admission to the Vietnam Coast Guard.

2. They must hold diplomas, technical and professional certificates and have skills conformable to the requirements of the Vietnam Coast Guard.

3. The Minister of National Defense shall provide specific regulations on this Article.

Article 36. Training and education programs for officers and soldiers of the Vietnam Coast Guard

Officers and soldiers of the Vietnam Coast Guard shall be entitled to political, professional, technical, legal, foreign language and other necessary knowledge training and education programs designed to be appropriate for assigned duties and powers; shall be encouraged to develop their ability to serve in the Vietnam Coast Guard for a long term.

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STATE MANAGEMENT OF VIETNAM COAST GUARD AND RESPONSIBILITIES OF MINISTRIES, MINISTRY-LEVEL AGENCIES AND LOCAL AUTHORITIES FOR VIETNAM COAST GUARD

Article 37. Tasks of the state management of the Vietnam Coast Guard

1. Promulgate and submit to competent authorities for promulgation and organize the implementation of legislative normative documents regarding the Vietnam Coast Guard.

2. Organize and direct operations of Vietnam Coast Guard.

3. Provide training and education programs for officers and soldiers of the Vietnam Coast Guard.

4. Implement compensation and other policies granted to the Vietnam Coast Guard.

5. Check, inspect and handle complaints and denunciations; conduct the primary and final review of operations of Vietnam Coast Guard, praise and grant awards for and impose sanctions on violations arising from these operations.

6. Carry out law propaganda, dissemination and educational programs.

7. Implement international cooperation involving the Vietnam Coast Guard.

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1. The Government shall be accorded the uniform state management of the Vietnam Coast Guard.

2. The Minister of National Defense shall be accountable to the Government for the state management of the Vietnam Coast Guard.

The Vietnam Coast Guard’s Commander shall be held accountable to the Minister of National Defense for the organization, management, commanding and administration of operations of the Vietnam Coast Guard.

3. Ministers and Ministry-level agencies shall, within their assigned duties and powers, have responsibility for cooperating with the Minister of National Defense in exercising the state management of the Vietnam Coast Guard.

Article 39. Responsibilities of the all-level People’s Councils and People’s Committees

All-level People’s Councils and People’s Committees shall, within their respective duties and powers, have to provide favorable conditions for the Vietnam Coast Guard to use available land lots at their localities to build its base and shelters for its vessels, treasure as well as facilities; carry out propaganda, dissemination and educational programs relating to the Vietnam Coast Guard; implement social housing policies applied to officers and soldiers of the Vietnam Coast Guard as provided by law.  

Article 40. Duties of Vietnam Fatherland Front Committee and its member organizations

Vietnam Fatherland Front Committee and its member organizations shall, within their assigned duties and powers, have responsibility to cooperate with relevant entities to encourage and raise awareness among people in implementing laws on the Vietnam Coast Guard; oversee the Vietnam Coast Guard's activities to ensure compliance with law.

Chapter VIII

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Article 41. Entry into force

1. This Law shall enter into force on July 1, 2019.

2. The Ordinance on Vietnam Coast Guard Force No. 03/2008/PL-UBTVQH12 shall be repealed from the entry into force of this Law.

This Law is passed in the 6^th session of the XIV^th National Assembly of the Socialist Republic of Vietnam held on November 19, 2018.

NATIONAL ASSEMBLY’S CHAIR




Nguyen Thi Kim Ngan