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korean journal of international
and comparative law 6 (2018) 172–198
brill.com/kjic
Vietnam Maritime Law Enforcement
Nguyen Thi Lan Anh
Associate Professor, Institute for South China Sea Studies, Diplomatic
Academy of Vietnam
nlanhiir@yahoo.com
Mai Ngan Ha
Institute for South China Sea Studies, Diplomatic Academy of Vietnam
lananhdav@mofa.gov.vn
Abstract
In the context of more frequent occurrence of illegal activities at sea and increasing
depletion of marine natural resources, the need for close cooperation between law
enforcement forces is more imminent to foster an effective approach to these issues.
In Vietnam, there is a multiplicity of law enforcement forces specializing in different
aspects at sea. This article will describe the activities of these forces, including the
organizational structure, functions and jurisdictions, as well as their law enforcement
practices. Next, this article will describe the experience of these forces in international
cooperation to address transnational maritime challenges. Finally, some assessments
and proposals for future development will be made on the activities of Vietnam law
enforcement forces.
Keywords
international Law – Vietnam – law enforcement forces – coast guard – transnational
maritime issues
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1 Introduction1
Vietnam law enforcement force is one of the two major bodies responsible
for maritime security, along with the Vietnam People’s Army. The maritime
law enforcement forces of Vietnam comprise two main agencies, namely
the Vietnam Coast Guard and the Fisheries Resources Surveillance Force,
as well as four other functional bodies including the Border Guard, Custom,
Environment Police and the Vietnam Maritime Administrations. Similar to the
law enforcement agencies of other countries, these forces have the mandate
to ensure adherence to the laws and regulations of Vietnam at sea and enforce
the sovereignty and sovereign rights of Vietnam in its maritime zones in accor-
dance with the United Nations Convention on the Law of the Sea (unclos)
and other specialized treaties.
In recent years, the law enforcement bodies of Vietnam have actively
engaged in international cooperation with regional and international counter-
parts as well as relevant organizations to address transnational challenges at
sea. In the context of more frequent occurrence of illegal activities and increas-
ing depletion of marine natural resources, it is of urgent importance that law
enforcement forces cooperate closely with each other to foster an effective
approach to such issues. To understand the organization and practical opera-
tion of such forces would contribute tremendously to such cooperation.
Therefore, this article will attempt to describe the activities of all maritime
law enforcement forces of Vietnam. First, it will summarize the organizational
structure, functions and jurisdictions of different law enforcement forces of
Vietnam under relevant laws and regulations. The article will then analyze the
practice of Vietnam maritime law enforcement bodies in anti-piracy opera-
tions, prevention of illegal, unregulated and unreported fishing, protection of
the marine environment, prevention of accidents and collision at sea, and pre-
vention of smuggling. Next, this article will describe the practical experience
of Vietnam law enforcement forces in bilateral, regional and international
cooperation to address transnational maritime challenges. Finally, some
assessments will be made on the activities of Vietnam law enforcement forces
and proposals for future development.
1 The views presented in this work are of the authors only and do not reflect the views of the
Diplomatic Academy of Vietnam.
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2 Maritime Law Enforcement Forces of Vietnam
2.1 Vietnam Coast Guard
The Vietnam Coast Guard (vcg) was initially established under the name
Vietnam Marine Police and under the High Command of Vietnam People’s
Navy in 1998,2 in order to relieve the burden on the Navy during peace time and
protect the sovereignty and sovereign rights of Vietnam in its maritime zones
in compliance with international law.3 In the same year, the Marine Police
Department was also established as a part of the Navy’s High Command, albeit
with a more guiding than commanding role. After ten years, to address new
challenges in the protection of Vietnam’s sovereignty and sovereign rights at
sea, in 2008, a new Ordinance was promulgated to elevate the Marine Police
into an armed service under the Ministry of Defense.4 The Marine Police
Department was also transferred to the Ministry of Defense and assumed
direct commandment over the forces. In 2013, the force was officially renamed
as “Vietnam Coast Guard” and the Marine Police Department became the
Command of Coast Guard (ccg).5 This marks the official separation of the
vcg from the Navy as an independent armed service.6
Under the 2008 Ordinance on the Vietnam Coast Guard, the vcg is a civilian
armed force as it is placed under the leadership of the Vietnam Communist
Party, the command of the Head of State and the unified management of the
Government. Its activities are directly under the auspices of the cCg, Ministry
of Defense. Units under the ccg include Regional Coast Guard of four differ-
ent Zones, specialized task forces and centers. Each Regional Coast Guard force
2 Ordinance No. 04/1998/PL-UBTVQH10 of the Standing Committee of the People’s Assembly
of Vietnam on the Marine Police of Vietnam (March 22, 1998).
3 Nguyen The Phuong & Truong Minh Vu, Vietnam Coast Guard: Challenges and Prospects of
Development, Asia Maritime Transparency Initiative, January 2, 2017, available at https://
amti.csis.org/vietnam-coast-guard-challenges-prospects/.
4 Ordinance No. 03/2008/PL-UBTVQH12 of the Standing Committee of the People’s Assembly
of Vietnam on the Marine Police of Vietnam (January 26, 2008) (hereinafter vcg Ordinance).
5 Decree No. 96/2013/ND-CP of the Government amending and supplementing a number of
articles of the Government’s Decree No. 86/2009/NC-CP dated October 19, 2009 detailing
and guiding implementation of a number of articles of the Ordinance on the Marine Police
of Vietnam (August 27, 2013).
6 It is sometimes alleged that the separation of the vcg from the Navy was intended to
make the VCG eligible to acquire new patrol vessels under the framework of some in-
ternational aid programs, as such aid was only available for non-military purposes. See
further “Canh Sat Bien Viet Nam/Vietnam Coast Guard/Vietnam Marine Police (vmp)”
(Global Security), available at https://www.globalsecurity.org/military/world/vietnam/
marine-police.htm.
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manages a part of the maritime zones and continental shelf areas of Vietnam,7
and consists of coast guard regiments and fleets, scout teams and professional
squads.8 Other specialized task forces under the direct commandment of the
ccg are marine police regiments, two Reconnaissance Teams, and four Anti-
Drug Special Task Forces.9 A Coast Guard Information Center and a Training
Center are also set up under the ccg to assist in providing professional guid-
ance and training.10
As a law enforcement force, the duty of the vcg is to protect the security
and order as well as ensure compliance to Vietnam legislations and treaties
to which Vietnam is a party to in the maritime zones and continental shelf of
Vietnam.11 In particular, the vcg is tasked to inspect, patrol and control the
maritime zones and continental shelf of Vietnam, yet the scope of such actions
erodes seaward. In particular, within the internal water, territorial sea and port
areas, the vcg’s responsibility is broader as to encompass inspection and
control for purposes of protection of Vietnam’s sovereignty; maintenance of
security, order and safety; protection of the environment, including protection
of natural resources, and prevention and control of environmental pollution;
prevention of crimes, such as drug smuggling and human trafficking, and other
violations of law.12 In the contiguous zone, the exclusive economic zone (eez)
and the continental shelf, the vcg is only tasked to patrol and control for the
protection of Vietnam’s sovereign rights; protection of the environment; and
prevention of transnational crimes including piracy, armed attacks against
7 Decree No. 86/2009/ND-CP of the Government detailing and guiding a number of articles
of the Ordinance on the Marine Police of Vietnam (October 19, 2009) (hereinafter Decree
No. 86), Article 7:
“1. 1st Regional 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. 2nd Regional 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. 3rd Regional 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. 4th Regional 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.”
8 Ibid, Article 5.
9 Ibid.
10 Ibid.
11 Ibid, Article 1.
12 vcg Ordinance, supra note 4, Article 6.
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ships and vessels, illegal transportation and trafficking of humans, and illegal
transportation and smuggling of narcotics and pre-substances.13 In addition,
the vcg also has the duties to engage in international cooperation within their
functions; to coordinate with other agencies in terms of law enforcement,
search and rescue, handling of incidents at sea and protection of environment;
and to raise awareness for seafarers.14
In its operational procedures, the vcg is authorized to take measures neces-
sary to perform its aforementioned law enforcement duties.15 Upon detecting
signs of violation, the vcg is authorized to check and inspect whether violations
indeed take place. For violations of law, the vcg shall impose administrative
measures, including fines or taking records of violations within its jurisdiction
and transfer the cases to competent authorities; force the violators to cease the
illegal acts; order them to leave the maritime zones of Vietnam; arrest, detain
or conduct penal investigation against the violators; and confiscate equipment
or means of violations. In cases of flee or resist, the vcg is allowed to take coer-
cive measures or pursuit violators in accordance to domestic or international
law. In strictly prescribed cases where the violators threaten the lives and
security of coast guards or others, or in serious violations where the violators
may escape unless weapons are employed, the vcg is explicitly allowed open
fire. In addition, the vcg’s authority also include mobilization of resources or
expropriation in urgent cases.
At the moment, the vcg is considered to be one of the most robust and
modern marine law enforcement forces in the region. With more than 50 ves-
sels of different classes including 4 heavy-weight 2000-ton DN-2000 offshore
patrol vessels,16 the capacity of the Vietnamese force will be further enhanced
in the future with the transfer of new patrol boats under the Japanese oda, and
patrol boats and a high-endurance cutter from the US.17 The vcg is also oper-
ating 3 casa C 212–400 patrol aircrafts from Spain and a medium-sized EC-225
13 vcg Ordinance, supra note 4, Article 7.
14 vcg Ordinance, supra note 4, Articles 8–10.
15 vcg Ordinance, supra note 4, Articles 7–16.
16 Supra note 3.
17 See generally Ankit Panda, Japan Pledges 6 New Patrol Boats for Vietnam Coast Guard, the
diplomat, January 17, 2017, available at https://thediplomat.com/2017/01/japan-pledges
-6-new-patrol-boats-for-vietnam-coast-guard/; United States Transfers Six Coastal Patrol
Boats to Vietnam Coast Guard, U.S. Embassy & Consulate in Vietnam, May 23, 2017, avail-
able at https://vn.usembassy.gov/20170522-media-release-united-states-transfers-six
-coastal-patrol-boats-vietnam-coast-guard/; U.S. Transfers High Endurance Cutter to
Vietnam Coast Guard, U.S. Embassy & Consulate in Vietnam, May 26, 2017, available at
https://vn.usembassy.gov/20170526-media-release-us-transfers-high-endurance-cutter
-to-vietnam-coast-guard/.
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helicopter. Vietnam is planning to purchase 10 more M28 patrol aircrafts from
Poland to enhance its aerial surveillance capacity in the coastal regions, as well
as seeking to equip more on-board helicopters for heavy-weight patrol vessels.18
2.2 Fisheries Resources Surveillance Force
One of the major issues in sea management in Vietnam is increasing viola-
tions of regulations on fishery resources and illegal encroachments into
Vietnam’s waters by foreign fishing vessels leading to severely depleted fish
stocks.19 Prior to the establishment of the Fisheries Resources Surveillance
Force (frsf), the management of fishery was ineffective as the two agen-
cies in charge – the Fishery Inspection Force of the Ministry of Fisheries and
the Bureau for Exploitation and Protection of Fisheries Resources in the Bac
Bo Gulf under the Ministry of Agriculture and Rural Development – lacked
both adequate resources and legal basis for effective monitor and sanctions of
violations.20 On 29 November 2012, the frsf was established pursuant to
Decree No. 102/2012/ND-CP of the Government on the Organization and
Operation of the Fisheries Resources Surveillance Force.
The frsf is a specialized force of the State under the Directorate of Fisheries
of the Ministry of Agriculture and Rural Development. The force comprises
five regional Fisheries Surveillance Sub-Departments,21 professional divisions,
and non-business units, under the central management of the Department of
Fisheries Surveillance.22 Additionally, under the draft Law on Fisheries, it has
been proposed for the establishment of provincial fisheries surveillance forces
18 Lam Ngoc, Tường tận sức mạnh của Cảnh sát biển Việt Nam, bao moi, June 18, 2017, available
at https://baomoi.com/tuong-tan-suc-manh-cua-canh-sat-bien-viet-nam/c/22553781.epi.
19 Giang Nam, Cấp thiết thành lập lực lượng kiểm ngư, vietnam journal on fisheries,
September 7, 2011, available at http://www.thuysanvietnam.com.vn/cap-thiet-thanh-lap
-luc-luong-kiem-ngu-article-1368.tsvn.
20 Ibid.
21 In particular, Region i: the maritime zones from Quang Ninh province to Thua Thien –
Hue province; Region ii: the maritime zones from Da Nang province to Ninh Thuan
province; Region iii: the maritime zones from Binh Thuan province to Ca Mau province;
Region iv: the maritime zones from Ca Mau province to Kien Giang province; Region v:
the maritime zones of the South-Western region. See further Luu Giang, Chính phủ đề
xuất thành lập lực lượng kiểm ngư ở 28 tỉnh, thành, trithucvn, March 22, 2017, available
at http://trithucvn.net/chinh-tri-xa-hoi/chinh-phu-de-xuat-thanh-lap-luc-luong-kiem
-ngu-o-28-tinh-thanh.html; Decision No. 359/QD-TCTS-VP of the Directorate of Fisheries
of the Ministry of Agriculture and Rural Development on functions, tasks, powers and
organization of the Fisheries Surveillance Sub-Department v under the Department of
Fisheries Surveillance (July 8, 2015), Article 1.
22 Ibid.
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in all 28 coastal provinces of Vietnam, however, this idea is not entirely uncon-
troversial due to concerns about inadequate resources.23
The frsf’s geographical scope of jurisdiction extends to the maritime
zones of Vietnam, and has the specific function of fisheries law enforcement.24
Accordingly, the frsf is tasked to prescribe programs and plans, organize and
conduct surveillance, control, inspection, and handling of violations of laws
on exploitation and protection of the fishery resources; raise awareness about
laws on fishery; and provide guidance for fishermen and related individuals
and organizations to comply with fishery rules.25 The coordination between
the frsf and other law enforcement forces is also specifically stipulated in
Chapter 5 of Decree No. 102, which is not only limited within enforcement of
fisheries law but also expands to search and rescue activities, mitigation of
environmental pollution and prevention of accidents.
In doing so, the frsf is authorized to patrol, inspect, control and examine
the exploitation and preservation of the fishery resources in accordance with
law; request relevant individuals and agencies to provide necessary information
and documents for such inspection and examination; impose administrative
sanctions and other measures to deter administrative violations; prosecute or
initiate criminal investigation for violations of rules on fisheries; use weapons
and combat gears in accordance with laws.26
Since its establishment, the frsf has been equipped with several heavy-
weight and medium-sized patrol boats,27 and its capacity is constantly enhanced
with larger vessels domestically manufactured or aided by Japan, Korea and
the U.S.28 Nonetheless, with the scope of operation of over 1 million km2
23 Thai An, Đề xuất thành lập hệ thống Kiểm ngư ở 28 tỉnh ven biển, bao nhan dan, June 6,
2017, available at http://nhandan.com.vn/chinhtri/item/33079902-de-xuat-thanh-lap-he
-thong-kiem-ngu-o-28-tinh-ven-bien.html.
24 Decree No. 102/2012/ND-CP of the Government on the Organization and Operation of the
Fisheries Resource Surveillance Force (November 12, 2012) (hereinafter Decree No. 102),
Article 3.
25 Ibid, Article 4.
26 See generally Decree No. 102, supra note 24; Decree No. 76/2014/ND-CP of the Government
providing Guidelines for some Articles of the Ordinance amending the Ordinance on
Management and Use of Weapons, Explosive Materials and Combat Gear (July 27, 2014),
Chapter II; Joint Circular No. 01/2015/TTLT-BCA-BNNPTNT of the Ministry of Public
Security and the Ministry of Agriculture and Rural Development on the Equipment,
Management and Use of Weapons, Combat Gears and Specialized Equipment of the
Fisheries Resource Surveillance Force (January 13, 2015).
27 Kiểm ngư Việt Nam được trang bị những gì?, bao dat viet, April 17, 2014, available at http://
baodatviet.vn/anh-nong/kiem-ngu-viet-nam-duoc-trang-bi-nhung-gi-3034130/?p=8.
28 Điểm danh đội tàu tuần tra được đối tác nước ngoài viện trợ cho Việt Nam, April 20, 2017,
available at http://soha.vn/diem-danh-doi-tau-tuan-tra-duoc-doi-tac-nuoc-ngoai-vien
-tro-cho-viet-nam-2017042010591621rf2017042010591621.htm; Tiện nghi ít biết của tàu
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eez and more than 1 million fishermen working at sea, the current capacity of
the force may not allow it to comprehensively manage fishery problems under
its authority.
2.3 Border Guard
The Border Guard was established in 1958 as the Vietnam People’s Armed
Public Security Force, initially under the control of the Ministry of Interior, and
was renamed into the Border Guard in 1979.29 Throughout its history, the force
was transferred many times between the Ministry of Interior and the Ministry
of Defense, until 1995 when the Border Guard was finally brought under the
auspices of the Ministry of Defense.30 At the top of the hierarchical structure
is the Border Guard Command under the direct management and command
of the Minister of Defense.31 The Border Guard is broken down into Provincial
Border Guard Commands and Marine Border Guard Fleets, which directly
commands smaller border guard stations or marine border guard squadrons
and mobile units.32
As indicated by its name, the function of the Border Guard is to consoli-
date and defend the national border, and in the marine context, the borders
on islands and seas of Vietnam.33 At sea, the force is tasked to prevent all acts
of encroachment and illegal infringements in the maritime zones of Vietnam,
including illegal exploitation of natural resources, pollution of the environ-
ment, and transnational crimes at sea such as piracy, human trafficking,
smuggling and illegal transportation of weapons, narcotics and other banned
commodities.34
In the performance of these duties, the Border Guard is authorized to
employ a variety of measures.35 Upon detecting signs of violations, the
Kiểm ngư Việt Nam 102, bao moi, March 18, 2017, available at https://baomoi.com/
tien-nghi-it-biet-cua-tau-kiem-ngu-viet-nam-102/c/21793461.epi; D. Ngoc, Nhật bàn
giao tàu hiện đại ngàn tấn cho kiểm ngư Việt Nam, nld, August 6, 2015, available at
http://nld.com.vn/thoi-su-trong-nuoc/nhat-ban-giao-tau-hien-dai-ngan-tan-cho-kiem
-ngu-viet-nam-20150806153255114.htm.
29 Bộ đội Biên phòng 50 năm xây dựng, chiến đấu và trưởng thành, August 11, 2011, available
at http://bienphongvietnam.vn/bd-bien-phong-viet-nam/truyen-thong-bo-doi-bien
-phong/114-b-i-bien-phong-50-nm-xay-dng-chin-u-va-trng-thanh-.html.
30 Ibid.
31 Decree No. 02/1998/ND-CP of the Government detailing a number of articles of the
Ordinance on the Border Guard (January 6, 1998), Article 1.
32 Ibid.
33 Ordinance No. 55/1997/L-CTN of the Standing Committee of the People’s Assembly of
Vietnam on the Border Guard (March 28, 1997), Article 5.
34 Ibid, Articles 6–9.
35 Ibid, Articles 11–17.
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Border Guard may chase or arrest suspects and their vehicles. In dealing with
violations, the Border Guard may impose coercive measures to compel com-
pliance, pursue violators beyond the territorial sea of Vietnam in accordance
with domestic and international law, impose administrative sanctions, and
undertake criminal investigation. The Border Guard may also open fire in cases
similar to the vcg. In specific cases to ensure the national security and safety
of lives, or for the prevention of epidemics, the Border Guard Commander may
impose restrictions or temporary bans on activities in certain areas within its
competence.
2.4 Custom
The first agency responsible for the control of imports and exports and custom
revenues of Vietnam is the Department of Tariffs and Indirect Tax established
on September 10, 1945. Throughout its history, the custom agency of Vietnam
was occasionally renamed and shuffled between the Ministries of Finance,
Trade and Commerce, and Foreign Trade.36
At the moment, the General Bureau of Custom under the Ministry of
Finance holds main responsibility for state management of customs. The
General Bureau is the central agency governing other functional divisions
and provincial Customs Departments in major custom provinces and cities.
Provincial Customs Departments comprises sub-departments, customs con-
trol teams and equivalent units.37
The marine law enforcement duties of the Vietnam Custom include, inter
alia, prevention and fight against smuggling and illegal cross-border trafficking
of good at seaports.38 In inspecting such violations, the Custom may examine,
inspect, and control cross-border transportation of goods. In enforcing the laws
against such violations, the Custom is authorized to use weapons and combat
gears against violators. In handling violations, the Custom is allowed to pre-
scribe administrative measures, detain and arrest perpetrators and vehicles of
violation, and initiate criminal prosecution and investigation proceedings in
accordance with relevant legislations.
36 “Lịch sử Hải quan Việt Nam” available at https://www.customs.gov.vn/Lists/HaiQuan
VietNam/Details.aspx?ID=5.
37 Law No. 54/2014/QH13 on Customs (June 23, 2014) (hereinafter Law on Customs),
Article 14.
38 See generally Law on Customs; Decree No. 01/2015/ND-CP of the Government specifying
customs areas, responsibility for collaboration in preventing and controlling smuggling
and illegal transportation of commodities across borders (January 2, 2015), Article 6.
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2.5 Environment Police
Another specialized force in charge of environmental protection is the
Environment Police of Vietnam. Established under the Ministry of Public
Security in 2006, the Environment Police is a branch of the police.39 The
Environment Police Department is the central command of the force, exer-
cising unified authority over Environment Police Divisions within provincial
police authorities and Environment Police Teams within police authorities
at districts and similar administrative levels.40 Accordingly, the protection of
marine environment is the specific duty of regional forces in coastal provinces.
The functions of the Environment Police is to prevent, detect, and fight
against crimes and violations of laws concerning the environment, natural
resources and food safety in relation to the environment within the territory of
Vietnam.41 In the performance of these functions, the force is entitled to take
actions in accordance with relevant laws to address both criminal and admin-
istrative offenses. In practice, most of the cases handled by the Environment
Police were administrative offences.42 Such actions that may be taken range
from detection, examination or investigation on crimes relating to the environ-
ment, to taking administrative or police actions to ensure adherence to laws.
The Environment Police is also equipped with and authorized to use weapons
and combat gears in cases prescribed by law.
2.6 Vietnam Maritime Administrations
The system of Vietnam Maritime Administrations (vmas) was established
in 1992 along with the Vietnam Maritime Administration of the Ministry of
Transport which is specifically tasked with State management of maritime
affairs. There are 25 vmas based in 25 coastal provinces managing maritime
affairs in their respective regions and ports. Each regional vmas comprises
functional divisions, and its representatives.
The functions of the vmas are mostly administrative as including man-
agement of and cooperation in maritime affairs and port facilities in their
respective regions and law enforcement for the maintenance of maritime
39 Decision No. 1899/2006/QD-BCA of the Minister of Public Security on the Environment
Police (November 26, 2006).
40 Ordinance No. 10/2014/UBTVQH13 of the Standing Committee of the People’s Assembly
of Vietnam on the Environment Police (December 23, 2014).
41 Ibid, Articles 7–8; Decree No. 105/2015/ND-CP of the Government detailing a number of
articles of the Ordinance on Environment Police (December 20, 2014), Articles 4–11.
42 In the period of 2009–2016, 98.87% of the cases handled by the Environment Police were
administrative offences, with the total value of 2.55 billion vnd administrative fines,
while only 1.12% were criminal cases.
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safety and security, protection of the environment, and search and rescue.43
Thereby, the Administrations may impose administrative fines in accordance
with law. However, unlike other marine law enforcement forces of Vietnam,
the vmas are not equipped with weapons or combat gears, thus not permitted
to use force in the performance of its functions.
2.7 Comparison on Functions and Scope of Operation of Vietnam
Maritime Law Enforcement Forces
In short, there are six forces responsible for law enforcement at sea in Vietnam
with differing jurisdictions and powers, namely the vcg, the frsf, the Border
Guard, the Customs, the Environment Police and the vmas. Each is under the
auspices of different Ministries and has either broad or specific mandates over
certain issues.
Regarding the mandate, while other forces’ functions are specialized in
terms of, inter alia, fisheries, customs, environment and port management, the
vcg and the Border Guard have a rather general mandate over all maritime
affairs. Therefore, there has been concern that the functions of these forces
and that of the Vietnam People’s Navy which is the other major force respon-
sible for Vietnam’s maritime security may overlap. However, the functions of
these forces are rather segregated. Under the 2005 Law on National Defense,
the Vietnam People’s Navy has the duty to defend the independence, sover-
eignty and territorial integrity of Vietnam with the use of force against external
threats of aggression.44 Meanwhile, the role of maritime law enforcement
forces of Vietnam as prescribed by laws is to exercise Vietnam’s sovereignty
and jurisdictions in its maritime zones, as well as ensure the implementation
of Vietnam relevant laws. Therefore, the cases where these forces’ jurisdic-
tions overlap are not frequent, but practical collaborations are not out of the
question.
Concerning the geographical scope of operation, the broadest operational
area belongs to the vcg, the frsf and the Environment Police – extending to
the maritime zones and continental shelf of Vietnam – and smaller areas of
operation are of the Border Guard, Customs and the vmas – limited within the
internal water, territorial sea and seaports of Vietnam
In terms of measures authorized, Vietnam’s maritime law enforcement
forces are generally allowed to impose administrative sanctions on adminis-
trative violations. Excluding the vmas, the other five forces are also allowed to
43 Circular No. 31/2016/TT-BGTVT of the Ministry of Transport on the organization and
operation of Vietnam Maritime Administrations (October 31, 2016), Articles 3–4.
44 See generally Law on National Defense of Vietnam (June 16, 2005).
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initiate criminal investigation or proceedings against criminal offenses within
their respective substantive jurisdiction. They are equipped with weapons and
combat gears, which indicate that they are implicitly authorized to resort to
the use of force. However, the right to open fire is explicitly limited to the vcg
and the Border Guard in strictly prescribed cases.
It can be seen that due to the broad mandates and jurisdictions of the vcg
and the Border Guard, overlapping scopes of jurisdictions and operation are
unavoidable. As such, it has been consistently emphasized in law that all law
enforcement forces of Vietnam shall coordinate and cooperate with each other
in addressing violations. Regarding coordination on substantive issues such as
combating maritime crimes, search and rescue, and protection of national secu-
rity, Vietnam Government has prescribed in several documents the principles
for cooperation; allocated the responsibility to each force; and provided for the
contents of coordination such as exchange of information, implementation
of measures, or investigation and handling of cases.45 Regarding coordination
among forces, there are also specific provisions governing the coordination
between the vcg and other forces under the Ministry of Defense46 – including
the Border Guard – and other law enforcement forces,47 between the frsf,
Customs, Environment Police and other agencies.48 While these regulations
are scattered in a number of documents, this system of legislations still pro-
vides a rather comprehensive framework on the collaboration between law
enforcement bodies of Vietnam and helps in facilitating more comprehensive
solutions to challenges at sea.
45 Decision No. 133/2002/QD-TTg of the Prime Minister issuing regulations on coordination
among the Police, the Border Guard, the Coast Guard and the Customs in combating
against drug-related crimes in border areas, at border gates and at sea (October 9, 2002);
Decision No. 103/2007/QD-TTg of the Prime Minister issuing regulations on coordination
in search and rescue at sea (July 12, 2007); Decision No. 77/2010/ND-CP of the Govern-
ment on coordination between the Ministry of Public Security and Ministry of Defence
on implementing the missions to protect national security, maintain order, public secu-
rity and national defence (July 17, 2010).
46 Decision No. 28/2002/QD-BQP of the Minister of Defense issuing regulations for the co-
ordination between the Vietnam Coast Guard and forces of the Ministry of Defense in
national maritime zones (February 25, 2002).
47 Decree No. 66/2010/ND-CP of the Government on regulations on coordination on state
management on activities of the Vietnam Coast Guard and other law enforcement forces
in national maritime zones (June 14, 2010).
48 Supra note 24, Chapter 5; Decree No. 01/2015/ND-CP of the Government specifying cus-
toms areas, responsibility for collaboration in preventing and controlling smuggling and
illegal transportation of commodities across borders (January 2, 2015), Chapter iii; Supra
note 41, Chapter iii.
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3 Vietnam’s Maritime Law Enforcement Practices
Vietnam’s law enforcement forces have actively exercised their roles and
functions in all Vietnamese waters in various fields, including suppression of
transnational maritime crimes, addressing illegal, unregulated and unreported
(iuu) fishing, dealing with maritime environment problems, conducting search
and rescue in maritime accidents and collisions, and so on.
3.1 Suppression of Transnational Maritime Crimes
Within the maritime zones of Vietnam, piracy, armed robbery and traffick-
ing are among the most popular maritime crimes that usually occur within a
transnational context.
Regarding piracy, the piracy situation in Vietnam occur in two main ways,
either Vietnamese vessels are hijacked by foreign pirates when passing through
the waters of Indonesia, the Philippines or the Malacca Strait, or Vietnam’s
waters are used by foreign pirates for hiding. These match with the resurgence
of piracy in the Southeast Asia region in the last couple of years, with 178 cases
occurring in the region among 246 cases in the world in 2015 and 85 among 191
cases in 2016.49 To curb this situation, the vcg has strengthened its capacity,
conducted patrols and intervened to assist victims, arrest pirates and investi-
gate incidents.50
The Sunrise and Zafirah cases are two typical cases when the vcg actively
reacted. In the first case, the Sunrise is an oil tanker en route to Quang Tri
province, a central province of Vietnam, to transport over 5200 tons of oil
from Singapore.51 A couple of hours after departing from the Horizon Port of
Singapore, it was then approached by a high-speed watercraft and two fish-
ing boats. The pirates, armed with guns and knives, took control of the crew,
destroyed the vessel’s communication system, assaulted the sailors, stole one-
third of the vessel’s oil and freed the ship at approximately 2.00 am near Thai
49 Dr. Nguyen Thanh Le and Luong Thi Kim Dung, Nâng cao năng lực của Cảnh sát biển Việt Nam
trong thực thi pháp luật về cướp biển và cướp có vũ trang đối với tàu thuyền, Vietnam Coast
Guard, June 7, 2017, available at http://canhsatbien.vn/portal/nghien-cuu-trao-doi/nang
-cao-nang-luc-cua-canh-sat-bien-viet-nam-trong-thuc-thi-phap-luat-ve-cuop-bien-va
-cuop-co-vu-trang-doi-voi-tau-thuyen.
50 Major Gen. Nguyen Van Son, Phòng, chống cướp biển và cướp có vũ trang chống lại
tàu thuyền ở khu vực châu Á, Vietnam Coast Guard, May 26, 2017, available at http://
canhsatbien.vn/portal/quan-ly-chi-dao/phong-chong-cuop-bien-va-cuop-co-vu-trang
-chong-lai-tau-thuyen-o-khu-vuc-chau-a.
51 Tien Phong, Tàu Sunrise 689 thoát nguy về đến vùng biển Việt Nam, bao moi, October 9,
2014, available at https://baomoi.com/tau-sunrise-689-thoat-nguy-ve-den-vung-bien
-viet-nam/c/14999548.epi.
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waters after 5 days of holding hostage.52 Three hours later, the captain of the
Sunrise phoned to report the incident to the owner of the vessels, the Hai
Phong Fishery Shipbuilding Company.53
Immediately after the disconnection of the Sunrise, the vcg had sent notices
seeking assistance to coast guards of Malaysia, Indonesia, Philippines and
Singapore.54 Upon receiving the information from the captain of the Sunrise,
the High Command of the vcg decided to dispatch two boats, the csb 2004
and csb 2001, to rendezvous with the vessels and escort them back to Vietnam.
After approaching the Sunrise, a working team consisted of coast guards
and medical officials provided medicines, food, water and first-aid to injured
sailors.55 In the meantime, the vcg investigated, gathered information from
the sailors and traced the evidence left on the vessels of the hijacking. The
Sunrise was finally escorted to Phu Quoc Island for checking and repair.56
In the second case, on 19 November 2012, the vcg received the information
from the imb that the Zafirah, a Malaysian oil tanker, was missing, alleg-
edly under hijacking and last traced at a distance of 110 nm from the eez of
Vietnam.57 Based on these information, the vcg deployed its forces to search
for the pirates and victims. A day later, Vietnam fishermen reported of rescu-
ing 9 Malaysian sailors in Vietnam’s waters.58 This information helped the vcg
confirm the suspicion that the pirates were still operating within Vietnam’s
waters. After two days of dispatching its forces, on the early morning of
22 November 2012, the vcg detected a vessel with similar identification with
the missing Malaysian oil tanker.59 However, the number and name of the
vessel did not match with the registration informations on the International
52 Vietnam Coast Guard begins probe into hijacking of oil tanker Sunrise 689, tuoitre-
news, October 11, 2014, available at https://tuoitrenews.vn/society/23180/vietnam
-coast-guard-begins-probe-into-hijacking-of-oil-tanker-sunrise-689.
53 Ibid.
54 T.M., Tàu Sunrise 689 đã gặp cướp biển, petrotimes, October 9, 2014, available at http://
petrotimes.vn/tau-sunrise-689-da-gap-cuop-bien-217911.html.
55 N. Trieu and Q. Vinh, Các thuyền viên tàu Sunrise 689 đã được sơ cứu, tuoi tre online,
October 9, 2014, available at https://tuoitre.vn/nhom-cuop-bien-gom-10-nguoi-quoc-tich
-indonesia-656338.htm.
56 Tuan Phung, et al., Tàu Sunrise 689 sẽ về Vũng Tàu đêm 10–10, tuoi tre online, Octo-
ber 9, 2014, available at https://tuoitre.vn/tau-sunris-689-da-duoc-cuop-bien-tha-656080
.htm.
57 Thu Lan, Hành trình bắt 11 tên cướp biển của Cảnh sát biển Việt Nam, Vietnam Coast
Guard, 8 March 2013, available at http://canhsatbien.vn/portal/thuc-thi-phap-luat/
hanh-trinh-bat-11-ten-cuop-bien-cua-canh-sat-bien-viet-nam.
58 Ibid.
59 My Lang and Minh Phuong, Cuộc kiếm tìm trong đêm, tuoi tre online, June 27, 2015,
available at https://tuoitre.vn/cuoc-kiem-tim-trong-dem-767625.htm.
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Maritime Organization (imo) system as well as the notice from Malaysian and
Singapore coast guards on the pirated vessel.60 After 12 hours of monitoring,
the vcg sent two coast guard vessels, the csb 4031 and csb 4034, to approach
and request the suspected vessel to anchor at a location of 70 km away from
Vung Tau province for examination. While the pirates attempted to flee, the
vcg completed the examination, confirmed that the suspected vessel was the
hijacked oil tanker of Malaysia and successfully arrested 11 Indonesian pirates.61
These pirates were later handed over to Malaysia for prosecution.62 The case
highlights the prompt and effective response of the vcg. Despite the rough sea
and high potential of oil spill, the vcg still completed the mission and ensured
the safety of human and facilities.63
With regard to armed robbery, the vcg, in 2016, detected 9 cases with less
serious consequences in some major port waters in Quang Ninh, Hai Phong,
and Ba Ria – Vung Tau provinces. Most cases are local theft involving assets on
foreign vessels anchoring in Vietnamese ports. The cases are still reported to
the Information Sharing Center of ReCAAP and classified as armed robbery
against ships.64 To address this situation, the vcg closely coordinated with the
vmas in major ports and increased patrols in the maritime zones of Vietnam.
This helped to reduce the number of small-scale thefts from 27 in 2015 to
9 cases in 2016.65
Concerning smuggling, the vcg, in coordination with the Border Guard and
Customs, detected, arrested and handled hundreds of cases concerning oil,
coal, drug and other products. With regard to drug, in the past 10 years, the vcg
has detected the smuggling of a total of 21 kg heroin and other drug-related
products, resulting in the prosecution of 66 criminal cases on drug trafficking.66
60 Ibid.
61 My Lang and Minh Phuong, Cảnh sát biển VN chạm trán cướp biển: Lệnh nổ sung, tuoi
tre online, June 28, 2015, available at https://tuoitre.vn/canh-sat-bien-vn-cham-tran
-cuop-bien-lenh-no-sung-768027.htm; My Lang and Minh Phuong, Cảnh sát biển VN
chạm trán cướp biển: Bắn thẳng vào cabin, tuoi tre online, June 29, 2015, available at
https://tuoitre.vn/canh-sat-bien-vn-cham-tran-cuop-bien-ban-thang-vao-cabin-768390
.htm.
62 My Lang and Minh Phuong, Cảnh sát biển VN bắt cướp biển – Kỳ 5: Những chuyện chưa kể,
tuoi tre online, June 30, 2015, available at https://tuoitre.vn/canh-sat-bien-vn-bat
-cuop-bien-ky-5-nhung-chuyen-chua-ke-768981.htm.
63 Ibid.
64 Supra note 50.
65 Supra note 49.
66 Dao Le, Cụm đặc nhiệm phòng, chống tội phạm ma túy số 2 – Cảnh sát Biển: 10 năm xây
dựng và trưởng thành, bao moi, June 29, 2017, available at https://baomoi.com/cum
-dac-nhiem-phong-chong-toi-pham-ma-tuy-so-2-canh-sat-bien-10-nam-xay-dung-va
-truong-thanh/c/22637096.epi.
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As to oil trafficking, from 2012 to 2015, the vcg detected 69 cases involving
21,773,682 liters of oil and 259 persons.67 In 2016, the number of detected oil
trafficking cases increased to 213 cases with 563 persons and 10 million liters of
oil involved. The increase in the number of oil trafficking cases closely related
to the resurgence of piracy in the region and the recent development of new
commercial fraud. For example, on 29 January 2016, the Vietnam Department
of Customs caught red-handed the Singaporean vessel btc Christina pumping
a huge amount of trafficked gasoline of 9,373.6 tons (5 times more than the
amount prescribed in papers) onto the storage of Duong Dong Company.68 On
21 April 2017, the vcg arrested four vessels conducting oil trafficking in the eez
of Vietnam. At the time of the arrest, 3 foreign fishing vessels were carrying
1,200,000 liters of oil without any legal document on the origin of the cargo
and attempted to sell these oil for Vietnam fishing vessels. These vessels were
fined and escorted to the 4th Regional Coast Guard for further investigation
and prosecution.
3.2 Prevention of iuu Fishing
In the past decade, addressing iuu fishing has emerged as an area of priority
in the operation of law enforcement of Vietnam for the dangerous impacts
of iuu fishing on the conservation and management of the living resources
as well as the potential negative impacts of this situation to the relationships
between Vietnam and neighboring countries. iuu fishing is an issue which
Vietnamese fishermen are both victims and violators.
Regarding the former, foreign fishing vessels often conduct illegal fishing
in the waters of Vietnam due to differences in the interpretation of maritime
entitlements and the existence of maritime disputes between littoral States
in the South China Sea. Violating vessels mostly come from China and occa-
sionally from other countries like Thailand and Cambodia. For example, on
22 September 2015, the frsf in coordination with the 4th Regional Coast
Guard approached and seized 3 foreign fishing vessels with 56 fishermen
which fished at 8.28 N latitude and 103.35 E longitude within Vietnam’s eez. All
three fishing vessels were registered in Thailand with a Thai captain and fisher-
men from Thailand, Cambodia and Myanmar. Upon seizure, the Vietnam law
enforcement forces interpreted the legal basis for eez of Vietnam, recorded
the violations within minutes and escorted the Thai fishing vessels out of
67 Nguyen Thanh Minh, Tình hình an ninh Biển Đông: Vấn đề và cơ chế hợp tác, nghien
cuu quoc te, June 24, 2017, available at http://nghiencuuquocte.org/2017/06/24/
tinh-hinh-ninh-bien-dong-van-de-va-co-che-hop-tac/.
68 Ibid.
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Vietnam’s waters.69 In March 2017, the Border Guard of Quang Binh province
seized two fishing boats with 9 Chinese fishermen on board while the vessels
were fishing at approximately 40 and 20 km offshore from Vietnam coastline.
The fishermen had to sign penalty documents before being were released.70
Concerning the latter, Vietnam is also faced with illegal fishing incidents
caused by its fishermen not only in its own maritime zones, but also in the
waters of other countries such as Malaysia, Philippines, Indonesia, Australia or
France (New Caledonia). This situation stemmed from, on the one hand, the
tensions in the South China Sea that deprive and force Vietnamese fishermen
to leave their traditional fishing grounds, and on the other hand, the fisher-
men’s lack of awareness and their willingness to take risk for their livelihood.
To address these issues, the law enforcement forces of Vietnam have firstly
conducted comprehensive legal dissemination programs in which thousands
of leaflets and handbooks have been given to Vietnam fishermen to explain
Vietnam and international laws on fishery, maritime delimitation lines, mari-
time overlapping zones and bilateral agreement on fisheries between Vietnam
and its neighboring countries. This information is also uploaded to the web-
sites of the General Department on Fisheries and Coast Guard.71
Patrols in all maritime zones of Vietnam are also strengthened in order to
timely detect, prevent and sanction illegal fishing activities. The vcg also coop-
erate with the Ministry of Foreign Affairs of Vietnam in the return of Vietnam
fishermen arrested by neighboring countries for illegal fishing activities.
3.3 Protection of the Marine Environment
Marine environment incidents occurring in the waters of Vietnam occur from
both land and vessel based sources. The year 2016 witnessed a number of
serious environmental incidents such as the chemical dumping of Formosa
Company to the water near the coast of Ha Tinh province, or the controversy
over the dumping licence for Vinh Tan Electric Company in the coast of Binh
Thuan province. It is also reported that the increase in the number of potential
cases of oil spill and destructive fishing practices.
69 Tuyet Nhung, Việt Nam đối xử nhân đạo với ngư dân Thái Lan xâm phạm lãnh hải, antd,
September 25, 2015, available at http://anninhthudo.vn/chinh-tri-xa-hoi/viet-nam-doi
-xu-nhan-dao-voi-ngu-dan-thai-lan-xam-pham-lanh-hai/635081.antd.
70 Hoang Tao, Vietnam snares Chinese boats for illegal fishing, vnexpress, March 3, 2017,
available at https://e.vnexpress.net/news/news/vietnam-snares-chinese-boats-for-illegal
-fishing-3549818.html.
71 Ha Kieu, Tăng cường tuần tra, giám sát khai thác hải sản tại Miền Trung, mard, December
27, 2016, available at https://www.mard.gov.vn/Pages/tang-cuong-tuan-tra-giam-sat-khai
-thac-hai-san-tai-mien-trung-33170.aspx.
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While agencies like the Ministry of Natural Resources and Environment and
provincial departments are in charge of land-based environment pollution,
the Vietnam maritime law enforcement forces will exercise Vietnam’s jurisdic-
tion in controlling vessel-based pollution. Accordingly, the vcg in cooperation
with the Environment Police have exercised comprehensive measures in pre-
venting marine environment pollution, including conducting information
dissemination in order to raise awareness of local communities on marine
environment protection; planting trees in the coastal areas; cleaning beaches;
conducting stimulation exercises on handling oil spill, and patrolling to detect,
prosecute or sanction violators.
These measures resulted in initial success in controlling and reducing the
threats to marine environment. For example, in February 2017, the frsf, in
coordination with the Border Guard dispatched vessels and canoes to arrest
three fishing vessels registered in Khanh Hoa and Ninh Thuan provinces for
using explosives in fishing.72 In November 2017, an oil spill over an area of over
4 hectares was reported near central Binh Dinh province’s Quy Nhon seaport.
The spill stemmed from vessels sunk in the earlier Damrey Storm, which car-
ried around 103,000 litres of diesel oil and over 110 tonnes of fuel oil. This posed
a threat of spreading the oil slick and causing deaths of farmed fish near the
ports in Hai Ninh hamlet. The Quy Nhon Urban Environment Company has
mobilized more than 200 workers to scrape and collect the layers of oil along
the beach and to transport the oil-contaminated sand to garbage dumps. More
than 3,000 packs of oil polluted sand along 7km of beach front were removed.73
3.4 Protection of the Safety of Life at Sea
Located in a natural disaster prone area, the high frequency of natural disas-
ters in the South China Sea has affected the safety of navigation in maritime
zones of Vietnam. Search and rescue, therefore, is one of the major tasks of
Vietnam law enforcement forces. At national level, the National Committee on
Prevention of Natural Disaster and Search and Rescue is the hub for receiving
information and providing command on search and rescue works. At sea, the
Center for the Coordination of Search and Rescue is a focal point in which the
vcg and Border Guard are all active players and in charge of the search and
rescue operations at sea.
72 Huynh Thanh, “Lưới lửa”, “pha xúc” đang giết biển, nld, June 4, 2002, available at http://
nld.com.vn/thoi-su-trong-nuoc/luoi-lua--pha-xuc-dang-giet-bien-83603.htm.
73 Quy Nhon begins clean up after oil spill, viet nam news, July 11, 2013, available at
http://vietnamnews.vn/environment/241947/quy-nhon-begins-clean-up-after-oil-spill
.html#hQTTP7fKMCUIqMbb.97.
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Most cases of search and rescue involve distress at sea caused by natu-
ral disasters and other force majeure circumstances. However, a significant
number of cases of search and rescue also comes from intentional collisions
and ramming of Vietnam’s fishing vessels by foreign vessels for the assertion
of groundless claims over the maritime zones of Vietnam. The 1st Regional
Coast Guard estimates that in the past five years, in the Gulf of Tonkin alone,
329 search and rescue operations have been conducted, resulting in the rescue
of 122 vessels and 1821 seafarers.74 The vcg always maintains at least 28 vessels
standing-by to protect the safety of Vietnamese vessels’ navigation at sea.75
Not limiting only to Vietnam seafarers, the vcg also actively rescues foreign
seafarers. For example, on 8 September 2017, the vcg successfully coordinated
the evacuation of a sick Chinese sailor on-board the vessel Yuan Yue Hu at
around 35 nautical miles northeast of Nha Trang coast, when the vessel was en
route from Hong Kong to Singapore. The sick crewmember received treatment
at a hospital in Nha Trang and was arranged transportation to return to China
after his conditions became stable.76
3.5 Summaries of the Practices of Vietnam Law Enforcement Forces
In practice, Vietnam maritime law enforcement forces coordinate rather
smoothly. Suppression of transnational crimes is mainly the task of the vcg,
although in some cases, the vmas, Border Guard and Customs are also
involved as well as the Vietnam People’s Navy. In terms of prevention of iuu
fishing, there is close coordination among the frsf, the vcg and the Border
Guard. Protection of the environment requires combined actions from the
vcg, the Environment Police, the frsf and the Border Guard. Safety of life
at sea is actively protected by both the vcg and the Border Guard. It can be
seen that the practice of Vietnam law enforcement forces is compatible with
respective regulations. Due to broad mandate and robust forces, the vcg and
Border Guard are the most active as they involve all law enforcement activi-
ties in Vietnam’s maritime zones. Other forces with more specific tasks mainly
74 Col. Tran Van Tho, BTL Vùng Cảnh sát biển 1 nâng cao năng lực tìm kiếm, cứu
hộ, cứu nạn trên biển, Vietnam Coast Guard, September 1, 2017, available at
http://canhsatbien.vn/portal/cuu-ho-cuu-nan/btl-vung-canh-sat-bien-1-nang
-cao-nang-luc-tim-kiem-cuu-ho-cuu-nan-tren-bien.
75 Cảnh sát biển cam kết có mặt kịp thời khi ngư dân gặp sự cố, vov, March 31, 2017, avail-
able at http://vov.vn/xa-hoi/canh-sat-bien-cam-ket-co-mat-kip-thoi-khi-ngu-dan-gap-su
-co-608499.vov.
76 Coast Guard rescues Chinese sailor off Nha Trang coast, vov, September 9, 2017, avail-
able at http://english.vov.vn/society/coast-guard-rescues-chinese-sailor-off-nha-trang
-coast-358140.vov.
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work within their jurisdictions, while still participating in other operations if
needed.
In addition to inter-agency cooperation, Vietnam law enforcement forces,
particularly the vcg, also coordinate with international and regional partners,
as well as the private sector in addressing maritime challenges. The vcg has
participated in international mechanisms such as ReCAAP or the imb, and
worked with regional law enforcement forces in the suppression of transna-
tional crimes. Cooperation with the private sector is mainly in the protection
of the marine environment.
While there are no practical cases recorded of conflict of jurisdictions
among Vietnam law enforcement forces, there may still be potential overlaps
due to broad legal mandates. In this regard, the draft Law on Vietnam Coast
Guard has been forward-looking and has specific provisions on cooperation
between the vcg and other forces under different Ministries.77 The draft Law
recognizes the central role of specialized agencies, and stresses the duty of the
vcg to exchange information with, and provide assistance to such agencies in
investigation, prosecution and sanction of offenses.
There have been recommendations to unify Vietnam maritime law enforce-
ment forces. This is desirable to meet the need to strengthen the capacity and
efficiency of the Vietnam maritime law enforcement forces in the context of
rising challenges from the maritime domain. The unification of law enforce-
ment forces should be limited within the purposes of managing and controlling
maritime activities by patrolling, surveillance, inspection, investigation and
other practical measures. In the later stage of handling offenses, other agen-
cies under administrative and judicial branches may be more involved than
law enforcement forces. The major challenge to such recommendations is the
fact that Vietnam law enforcement forces are under different Ministries and
governed by different regulations. Thus, merging these forces would require
significant reforms in the governmental structures over the forces, as well as
major amendments of current laws and policies.
77
Draft Law on Vietnam Coast Guard (subject to contributions at the 5th Session
of the Fourteenth National Assembly), available at http://duthaoonline.quochoi
.vn/DuThao/Lists/DT_DUTHAO_LUAT/View_Detail.aspx?ItemID=1295&LanID=
1511&TabIndex=1. See Section 2 on the Responsibility to Coordinate in Operation among
Forces, Articles 26–30 on the responsibility of the vcg to cooperate with the Ministries of
Public Security, Transport, Resources and Environment, Agriculture and Rural Develop-
ment, and the vmas.
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