In the process of conducting maritime law enforcement missions, under certain circumstances, prompt responses are urgently needed to stop persons, ships, and vehicles with violations of law from escaping and to rapidly search and rescue persons in distress as well as to opportunely remediate natural catastrophes and severe marine environment incidents. Accordingly, the Vietnam Coast Guard (hereinafter the VCG) is authorised to mobilise persons, ships, and civil technical vehicles and equipment in response to incidents provided by Article 16, the 2018 VCG Law as follows.

1.  In case of emergencies, VCG cadres and soldiers are empowered to mobilise people, ships, and civil technical vehicles and equipment in order to detain persons, ships and vehicles  with violation of law and to conduct search and rescue operations, and to deal with severe marine environment incidents.

2. According to Clause 1, Article 16, the aforementioned mobilisation must be in line with realistic capabilities of people, ships, and civil technical vehicles and equipment, which must be immediately handed back as soon as the emergencies are over.

In the event of some damage done to mobilised persons and property, according to Clause 3, Article 6, compensation policies can be applicable. Units with mobilised cadres and soldiers are responsible for carrying out the compensation policies prescribed by the laws.

3. Vietnamese agencies, organisations, and citizens are subject to the mobilisation of the VCG.

4. In case of emergencies, VCG cadres and soldiers can seek assistance and help from foreign organisations and individuals operating in Vietnamese waters in order to detain persons, ships and vehicles with violation of law  and to conduct search and rescue operations and to deal with severe marine environment incidents. 

In addition, from July 1^st, 2019 onwards,  the VCG is authorised to chase ships at sea for checks (1) if the ships violate national sovereignty, sovereign rights and jurisdiction; (2) if the ships disobey the VCG’s signals and an order to stop prescribed by the Law; (3) in order to implement international cooperation on chasing activities; (4) in situations prescribed by the laws

The scope and authority of and procedures for chasing ships at sea must comply with the regulations of Vietnamese laws and international treaties to which Vietnam is a signatory.

In a nutshell, the provisions of the 2018 VCG Law for mobilising people, ships, and civil technical vehicles and equipment and exercising the rights to chase ships at sea form a legal basis for the VCG to promote its key role in law enforcement and protection of national security and order and safety at sea.

The situation in the East Sea is believed to be increasingly complicated and unpredictable in the coming time. Therefore, the VCG needs to continuously play its key role in mobilising human resources, ships and civil technical vehicles and equipment for maritime law enforcement, search and rescue operations, remediation of marine environment incidents, and defence of the sovereignty and sovereign rights of the Homeland’s maritime and island zones.

PHAM BINH