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 KOREAN JOURNAL OF INTERNATIONAL

AND COMPARATIVE LAW 6 (2018) 172-198

BRILL
NIJHOFF brill.com/kjic

Vietnam Maritime Law Enforcement

Nguyen Thi Lan Anh
Associate Professor, Institute for South China Sea Studies, Diplomatic
Academy of Vietnam
[email protected]

Mai Ngan Ha
Institute for South China Sea Studies, Diplomatic Academy of Vietnam
[email protected]

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

@ KONINKLIJKE BRILL NV, LEIDEN, 2018 DOI:10.1163/22134484-12340111

VIETNAM MARITIME LAW ENFORCEMENT 173

1 Introduction'

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.

i The views presented in this work are of the authors only and do not reflect the views of the
Diplomatic Academy of Vietnam.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

174 NGUYEN AND MAI

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
6
VCG from the Navy as an independent armed service.
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. o 4 /i 9 9 8/PL-UBTVQHio 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 (January26, 2008) (hereinafterVCG Ordinance).
5 Decree No. 9 6/2o13 /ND-CP of the Government amending and supplementing a number of
articles of the Government's Decree No. 86/200 9 /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.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

VIETNAM MARITIME LAW ENFORCEMENT 175

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." 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.n 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 internalwater, territorialsea 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 continentalshelf the is only tasked to patrol and control for the
VCG

protection of Vietnam's sovereign rights; protection of the environment; and

prevention of transnational crimes including piracy, armed attacks against

7 Decree No. 86/2oo 9 /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. 4 th 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.
o Ibid.
II Ibid, Article 1.
12 VCG Ordinance, supra note 4, Article 6.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

176 NGUYEN AND MAI

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 checkand 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 2oo-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 0 DA, 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-22 5

13 VC G Ordinance, supra note 4, Article 7.

14 VCG Ordinance, supra note 4, Articles 8-1o.
15 VC G Ordinance, supra note 4, Articles 7-16.
16 Supra note 3.
17 See generally Ankit PandaJapanPledges 6 New PatrolBoatsfor Vietnam Coast Guard, THE
DIPLOMAT, January 17, 2017, availableathttps://thediplomat.com/2o17/ol/japan-pledges
-6-new-patrol-boats-for-vietnam-coast-guard/; United States Transfers Six CoastalPatrol
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/; US. Transfers High Endurance Cutter to
Vietnam Coast Guard, U.S. Embassy & Consulate in Vietnam, May 26, 2017, available at
https://vn.usembassy.gov/2o170526-media-release-us-transfers-high-endurance-cutter
-to-vietnam-coast-guard/.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

VIETNAM MARITIME LAW ENFORCEMENT 177

helicopter. Vietnam is planning to purchase io 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. 1O2/2012/ND-CP of the Government on the Organization and
Operation of the Fisheries Resources Surveillance Force.
The FRS F 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 LamNgoc, TzAng tdnsacmanhccaCdnhsdtbign VitNam, BAO MOI,June18,2017, available

athttps://baomoi.com/tuong-tan-suc-manh-cua-canh-sat-bien-viet-nam/c/22553781.epi.
19 Giang Nam, CaUp thit thanh lp Itclodng kim ng, VIETNAM JOURNAL ON FISHERIES,
September 7, 20n, 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 Lun Giang, Chinh phi di
xua/t thanh 16p Iac lodng kigm ng &28 tinh, thanh, 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.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

178 NGUYEN AND MAI

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
24
zones of Vietnam, and has the specific function of fisheries law enforcement.
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 I million km2

23 Thai An, D xudt thanh ldp h tho'ng Kilm ng 0>28 tinh ven bin, BAO NHAN DAN, June 6,
2017, available at http://nhandan.com.vn/chinhtri/item/33o 7 9902-de-xuat-thanh-lap-he
-thong-kiem-ngu-o-28-tinh-ven-bien.html.
24 Decree No. 1o2/2o12/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. 7 6/2o1 4 /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 (January13, 2015).
27 Kim ngdVi4tNam dtdc trang b inhihnggi?,BAO DAT VIET, April17,2014, available athttp://
baodatviet.vn/anh-nong/kiem-ngu-viet-nam-duoc-trang-bi-nhung-gi-3034130/?p=8.
28 Ditm danh di tau tuin tra ddoc do6i tdc nddc ngodi vi n troy cho Vit 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-2o17042o1o59162rf2oL7042o1o591621.htm; Ti n nghi it bitt cna tau

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

VIETNAM MARITIME LAW ENFORCEMENT 179

EEz and more than i 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.3 0 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

Kilm ngd Vikt Nam 702, BAO MOI, March 18, 2017, available at https://baomoi.com/
tien-nghi-it-biet-cua-tau-kiem-ngu-viet-nam-o2/c/21793461.epi; D. Ngoc, Nhdt ban
giao tau hi n dai ng&n tdn cho kigm ng Vikt 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-2050806153255114.htm.
29 B0 ddi Bidn phang 5o ndm xdy dutg, chiln dd'u v& trtdeg thanh, August 11, 20n, available
at http://bienphongvietnam.vn/bd-bien-phong-viet-nam/truyen-thong-bo-doi-bien
-phong/114-b-i-bien-phong-5o-nm-xay-dng-chin-u-va-trng-thanh-.html.
30 Ibid
31 Decree No. 02/1 9 9 8/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. 5 5 /1 9 9 7 /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.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

180 NGUYEN AND MAI

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 io, 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 "Lich sa HAi quan Vit Nam" available at https://www.customs.gov.vn/Lists/HaiQuan

VietNam/Details.aspx?ID=5.
37 Law No. 5 4 /2o1 4 /QH1 3 on Customs (June 23, 2014) (hereinafter Law on Customs),
Article 14.
38 See generallyLaw on Customs; Decree No. 01/2o1 5 /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.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

VIETNAM MARITIME LAW ENFORCEMENT 181

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. 18 9 9 /2oo6/QD-BCA of the Minister of Public Security on the Environment

Police (November 26, 2oo6).
40 Ordinance No. 10/2o1 4 /UBTVQH1 3 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. 1o5 /2o15 /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.

KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 6 (2018) 172-198

182 NGUYEN AND MAI

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. 31/2ol6/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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VIETNAM MARITIME LAW ENFORCEMENT 183

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 Defense 4 6 - 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. 1o3/200 7 /QD-TTg of the Prime Minister issuing regulations on coordination
in search and rescue at sea (July12, 2007); Decision No. 7 7 /2o1o/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. 66/2o1o/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. 01/2o15 /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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184 NGUYEN AND MAI

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 Suppressionof TransnationalMaritime 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.
Regardingpiracy, 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.5 0
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.OO am near Thai

49 Dr.NguyenThanhLe andLuongThiKimDung,Ndng caondng laccia Cdnhsdtbin VitNam

trong thc thi phdp lud tvi ca6p bignva ca6p c6 vt trang do6ivdi tau thuyin,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, Phng, cho'ng ca6p bign v& ca6p c6 vt trang cho'ng ai
tau thuyin d khu vc chdu A, 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, Thu Sunrise 689 thodtnguy v dinvung biin VitNam, 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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VIETNAM MARITIME LAW ENFORCEMENT 185

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 iio 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 hqacking 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., Thu Sunrise 689 dd gdp czeOp biin, PETROTIMES, October 9, 2014, availableathttp://
petrotimes.vn/tau-sunrise-689-da-gap-cuop-bien-2179n.html.
55 N. Trieu and Q. Vinh, Cdc thuyn vidn thu Sunrise 689 dd didc sd cuii, TUOI TRE ONLINE,
October 9, 2014, availableat https://tuoitre.vn/nhom-cuop-bien-gom-o-nguoi-quoc-tich
-indonesia-656338.htm.
56 Tuan Phung, et al., Thu Sunrise 689 s& v2 Vng Thu dim 70-70, TUOI TRE ONLINE, Octo-
ber 9, 2014, availableat https://tuoitre.vn/tau-sunris-689-da-duoc-cuop-bien-tha-656o8o
.htm.
57 Thu Lan, Hanh trinh bdt 77 tin ctdp bin cca Cdnh sdt bign Vit Nam, Vietnam Coast
Guard, 8 March 2013, available at http://canhsatbien.vn/portal/thuc-thi-phap-luat/
hanh-trinh-bat-n-ten-cuop-bien-cua-canh-sat-bien-viet-nam.
58 Ibid.
59 My Lang and Minh Phuong, Cudc kilm tim trong dam, TUOI TRE ONLINE, June 27, 2015,
availableathttps://tuoitre.vn/cuoc-kiem-tim-trong-dem-767625.htm.

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186 NGUYEN AND MAI

Maritime Organization (IMo) system as well as the notice from Malaysian and
Singapore coast guards on the pirated vessel.6 0 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 n 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 regardto 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
Concerningsmuggling, 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 io 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

6o Ibid.
61 My Lang and Minh Phuong, Cdnh sdt bin VN cham trdn caOp biin: L nh n6 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, Cdnh sdt bin VN
cham trdn caOp bicn:Bdn thdng vio 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, Cdnh sdt bin VN bdt cu6p bin - K 5: Nhitng chuy n chaa ki,
TUOI TRE ONLINE, June 30, 2015, available at https://tuoitre.vn/canh-sat-bien-vn-bat
-cuop-bien-ky-5-nhung-chuyen-chua-ke- 7 68981.htm.
63 Ibid.
64 Supra note 50.
65 Supra note 49.
66 Dao Le, Cum dac nhi m ph6ng, chong tai pham ma tu soT2 - Cdnh sdt Bin: 7o nam xdy
dung va traSng thanh, BAO MOI, June 29, 2017, available at https://baomoi.com/cum
-dac-nhiem-phong-chong-toi-pham-ma-tuy-so-2-canh-sat-bien-lo-nam-xay-dung-va
-truong-thanh/c/22637o96.epi.

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VIETNAM MARITIME LAW ENFORCEMENT 187

As to oil trafficking, from 2012 to 2015, the VCG detected 69 cases involving

21,773,682 liters of oil and 259 persons. 6 7 In 2016, the number of detected oil
trafficking cases increased to 213 cases with 563 persons and io 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 4 th Regional Coast Guard for further investigation
and prosecution.

3.2 Prevention ofiuu 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 4 th 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, Tinh hinh an ninh Bign Ddng: Vt/n d v& cd chthop tic, NGHIEN
CUU QUOC TE, June 24, 2017, available at http://nghiencuuquocte.org/201 7 /o6/24/
tinh-hinh-ninh-bien-dong-van-de-va-co-che-hop-tac/.
68 Ibid.

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188 NGUYEN AND MAI

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, VitNam d6ixdtnhdn dcao vdi ngaddn ThdiLan xdm pham ldnh hdi, 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/63581.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-354 9818.html.
71 Ha Kieu, Tng cutfng tuin tra, gidm sdtkhai thdc hdi sdn taiMidn 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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VIETNAM MARITIME LAW ENFORCEMENT 189

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 iio 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.7 3

3.4 Protectionof the Safety ofLife atSea

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, "htedi Iita' "phaxic"dang gi't bign, NLD, June 4, 2002, available at http://
nld.com.vn/thoi-su-trong-nuoc/uoi-lua--pha-xuc-dang-giet-bien-83603.htm.
73 Quy Nhon begins clean up after oil spill, VIET NAM NEWS, July n, 2013, available at
http://vietnamnews.vn/environment/241947/quy-nhon-begins-clean-up-after-oil-spill
.html#hQTTP7 fKMCU~qMbb- 9 7
-

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190 NGUYEN AND MAI

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 ist 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.7 5
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 transnationalcrimes 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 Ving Cdnh sdt bin 7 nang cao nang lac tim kigm, cMu
ho, ceu nan trdn bin, Vietnam Coast Guard, September 1, 2017, available at
http://canhsatbien.vn/portal/cuu-ho-cuu-nan/btl-vung-canh-sat-bien-l-nang
-cao-nang-luc-tim-kiem-cuu-ho-cuu-nan-tren-bien.
75 Cdnh sdt bin cam kt c6 mdt kip thdi khi ngu ddn gap sv c6, 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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VIETNAM MARITIME LAW ENFORCEMENT 191

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 5 th Session

of the Fourteenth National Assembly), available at http://duthaoonline.quochoi
.vn/DuThao/Lists/DT_DUTHAOLUAT/View_Detail.aspx?ItemlD=1295&LanlD=
1511&Tablndex=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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192 NGUYEN AND MAI

4 International Cooperation of Vietnam's Law Enforcement

4.1 Bilateral Cooperation

Law enforcement at sea, by its nature, largely relates to transboundary issues,
particularly those concerning IuU fishing, marine environment pollution,
maritime crimes and maritime safety. This creates a solid foundation for bilat-
eral cooperation between Vietnam and other countries in the region. To date,
law enforcement forces of Vietnam have cooperated with the inter-agencies
of many countries including China, Philippines, Indonesia, Malaysia, Japan,
South Korea, India and the United States.
With China, cooperation extends to various areas from fishery, joint patrol
and search and rescue. Vietnam and China concluded the Joint Fishery
Agreement in 2000 which came into force in 2004. Within the arrangement,
coast guards of the two countries shall regularly conduct joint patrols, ship
visits, and joint exercises on search and rescue, and exchange and share infor-
mation on illegal fishing. SinceJanuary 2016, the two coast guards have monthly
informed each other about their respective patrols and violating fishing ves-
sels. The two coast guards also notify each other about incidents at sea and
coordinate to support fishermen in distress. 7 8 In an incident concerning the
missing of a CASA turboprop and a Sukhoi SU-3o MK2 fighter jet, the Chinese
coast guard provided assistance to its Vietnamese counterpart in searching for
the planes and rescuing the pilots. 79 The two coast guards also concluded a
Memorandum of Understanding (Mou) on 27 June 2016 to promote coopera-
tion on anti-maritime crimes, joint patrol and search and rescue. Under the
Mou, the two also assign national focal points to maintain 24/7 contact. 0
With the Philippines, the two coast guards concluded a Mou for the opera-
tion of a hotline on 23 August 2013. Accordingly, the hotline is established by
telephone, fax and internet for 24 hours a day between the two coast guard
headquarters. 1 Regular contacts are made monthly and irregular contacts are
used for immediate coordination on fisheries surveillance activities against

78 Vietnam, China coast guards conductjointfishery patrol, vov, April 21, 2016, available at
http://english.vov.vn/politics/vietnam-china-coast-guards-conduct-joint-fishery-patrol
-317783.vOv.
79 China Helps Vietnam Search for Downed Coast Guard Plane, The Maritime Executive,
June 17, 2016, available at https://maritime-executive.com/article/china-helps-vietnam
-search-for-downed-coast-guard-plane.
80 Senior Lt. Col. Dang Hong Quan, Cdnh sdt bign Vi~t Nam - Trung Qu'c tOng catkg hop
tdc, Vietnam Coast Guard, August 15, 2017, available at http://canhsatbien.vn/portal/
hop-tac-quoc-te/canh-sat-bien-viet-nam-trung-quoc-tang-cuong-hop-tac.
81 Lien Nhi, Dt ng ddy n6ng giaa L4c hdng Cdnh sdt biin Vi6t Nam v& L4c hdng ph6ng v6
biin Philippines, Vietnam Coast Guard, August 26, 2013, available at http://canhsatbien

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VIETNAM MARITIME LAW ENFORCEMENT 193

iuu fishing, emergency response to distressed Filipino and Vietnamese fisher-

men operating within the two sides' maritime zones and on the high seas, as
well as suppressing maritime crimes such as trafficking, illegal immigration,
piracy and armed robbery.82
With Indonesia, during the official visit of the General Secretary of the
Vietnamese Communist Party, Nguyen Phu Trong, to Indonesia in August 2017,
the VCG and the maritime security agency of Indonesia (BAKAMLA) inked a
letter of intent on cooperation enhancement.8 3 Prior to this letter, the coop-
eration between the two coast guards was already established. In August 2016,
the 4 th Regional Coast Guard rescued two barges, the Buana Ocean 18 and
Buana Ocean 19, floating at around 42 nautical miles off the Southeast coast of
Hon Khoai island of Vietnam. The VCG, in coordination with the Indonesian
Consular, identified the owner of the two barges, escorted and handed
them over to its owner - the PT. Buana Transperindo Wahana International
Company.84
With Malaysia, the VCG closely worked with its Malaysian counterparts in
many cases. Two most significant cases were the Sunrise and Orkim Harmony
cases. In the first case, the VCG successfully assisted in finding the Malaysian
hijacked oil tanker, the Sunrise, arrested the pirates and handed them over to
Malaysia for trial.85 In the Orkim Harmony incident in June 2015, the VCG also
coordinated with the Malaysian Coast Guard to search and arrest the armed
pirates when they fled to the waters of Tho Chu island ofVietnam. Eight pirates
were then extradited to Malaysia for investigation and trial.8 6
With South Korea and India, the VCG conducted search and rescue drills.
In 2013, the Korea Coast Guard 3012 anchored at the PTSC port in the southern
coastal province of Ba Ria - Vung Tau to join a fire fighting and rescue exercise

.vn/portal/hop-tac-quoc-te/duong-day-nong-giua-luc-luong-canh-sat-bien-viet-nam
-va-luc-luong-phong-ve-bien-philippines.
82 Alladin S. Diega, PHL, Vietnam launch joint effort to fight illegal fishing, BUSINESS
MIRROR, March 27, 2015, available at https://businessmirror.com.ph/phl-vietnam-launch
-joint-effort-to-fight-illegal-fishing/.
83 VN Indonesia sign cooperation agreements, VIET NAM NEWS, August 24, 2017, available
at http://vietnamnews.vn/politics-laws/392596/vn-indonesia-sign-cooperation-agree
ments.html#6gSlsiAaSe54oQ 7 -97
-

84 Bach Huy Binh, BTL Vieng Cdnh sdt bign 4 citu h thanh cdng v& ban giao 2 x Ian
qu'c tich Indonesia, Vietnam Coast Guard, August 25, 2016, available at http://
canhsatbien.vn/portal/hop-tac-quoc-te/btl-vung-canh-sat-bien-4-cuu-ho-thanh
-cong-va-ban-giao2-xa-lan-quoc-tich-indonesia.
85 See supra, section 3.1.
86 Supra note 49.

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194 NGUYEN AND MAI

in the area with the 3rd Regional Coast Guard of Vietnam.8 7 In 2015, Vietnam
and India Coast Guards held a search and rescue drill off the coast of Ba Ria

-
Vung Tau during the visit of the Indian SaRang 44 Samar - class offshore patrol
vessel to Vietnam.88
With Japan, Japanese coast guard ships frequently visit and dock at ports of
Vietnam. The two sides promote especially cooperation in capacity building
through sharing experiences, joint training, joint exercises on search and res-
cue, humanitarian assistance, anti-piracy and deterring illegal fishing. During
the official visit in 2015 of Vietnam Communist Party's Secretary General,
Nguyen Phu Trong, Japan concluded a Diplomatic Note with Vietnam to pro-
vide a 200 billionjPY non-refundable aid for Vietnam's maritime safety.89 Japan
also pledged to help Vietnam upgrade the VCG's vessels and patrol capacity.9 0
With the US, in 2013, the two coast guards concluded Agreement on
cooperation in which the US will provide formal training and curriculum
development assistance to the VCG and an $18 million assistance package is
provided with the aim to boost Vietnam's maritime security. The US also pro-
vided assistance to the construction of a training facility in Hai Phong province
with a focus on maritime law enforcement, using coast guard cutters and pro-
viding English-language training for the VCG. The two conducted frequent ship
visits and exercises on search and rescue and safety of navigation. The US also
transferred coastal patrol boats to assist Vietnam Coast Guard in inter-coastal
patrols and law enforcement concerning smuggling, illicit trafficking, piracy
and armed robbery against ships, and illegal fishing. 91

87 RoK Coast Guard holds rescue exercise in Vietnam, VIETNAMPLUS, June 24, 2013, available
at https://en.vietnamplus.vn/rok-coast-guard-holds-rescue-exercise-in-vietnam/46213
.vnp.
88 India, Vietnam CoastGuards hold rescue drill at sea, VIETNAMNET, August 31, 2015, avail-
able at http://english.vietnamnet.vn/fms/government/4o62/india--vietnam-coast
-guards-hold-rescue-drill-at-sea.html.
89 Lien Nham, Cdnh sdt bin Vidt Nam v& Lutc ieong Bdo v6 bi bin Nhit Bdn k ktt
Ghi nhd hop tdc, Vietnam Coast Guard, 21 September 2015, available at http://
canhsatbien.vn/portal/hop-tac-quoc-te/canh-sat-bien-viet-nam-va-luc-luong
-bao-ve-bo-bien-nhat-ban-ky-ket-ghi-nho-hop-tac.
90 Japan gifts Vietnam patrol vessel for maritime security, VIETNAMNET, March 18, 2017,
available at http://english.vietnamnet.vn/fms/society/174768/japan-gifts-vietnam-patrol
-vessel-for-maritime-security.html.
91 United States Transfers Six CoastalPatrolBoats to Vietnam Coast Guard, U.S. Embassy
& Consulate in Vietnam, May 23, 2017, available at https://vn.usembassy.gov/2170522
-media-release-united-states-transfers-six-coastal-patrol-boats-vietnam-coast-guard/.

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VIETNAM MARITIME LAW ENFORCEMENT 195

4.2 Multilateral Cooperation

In addition to bilateral cooperation, Vietnam law enforcement forces also
actively participate in multilateral cooperation frameworks.
Within ASEAN, the VCG participated and supported the proposal for the
establishment of an ASEAN Coast Guard Forum as a platform for cooperation
and coordination among the ASEAN coast guards and maritime law enforce-
ment agencies. 92
At Asian level, the VCG is a member of the Heads of Asian Coast Guard
Agencies Meeting (HACGAM) which consists of 20 coast guard members in
the region. Vietnam also successfully hosted the 7 th meeting of HACGAM and
promoted expanded discussions on the topic of "Strengthening practical coop-
eration, exchanging information, and ensuring maritime security and safety"
which explored the role of coast guards on search and rescue, disaster relief,
93
maritime environmental protection and capacity building.
The VCG is also the focal point of the Information Sharing Centre estab-
lished under the Regional Cooperation Agreement on Combating Piracy and
Armed Robbery against Ships in Asia (ReCAAP) in 2006 with the purpose to
gather timely and accurately information on incidents of piracy and sea rob-
bery. As a focal point, VCG has maintained contact on a 24/7 basis with the
Information Sharing Centre of ReCAAP and other ReCAAP members in order
to promptly issue warnings and alerts to the shipping industry and facilitate
responses in case of incidents. Upon receiving the information, the VCG, in
coordination with the VMAs and port authorities, will inform the ship owners
and management companies of acts of piracy in the waters in the region and
ask them to adopt a maritime security plan approved by the Vietnam Register
and to pay particular attention to the ReCAAP's recommendations to ensure

92 PCG hosts First Expert's Group Meeting on ASEAN Coast Guard Forum, Philippine
Coast Guard, August 19, 2015, available at http://www.coastguard.gov.ph/index.php/
nl-news/923-pcg-hosts-first-expert-s-group-meeting-on-asean-coast-guard-forum; rel-
evant part in Joint Communiqu6 of 4 8th ASEAN Foreign Ministers Meeting (Kuala
Lumpur, Malaysia) on August 4, 2015:
"33. We noted the proposal at the 5 th ASEAN Maritime Forum for the establishment of
the ASEAN Coast Guard Forum (ACGF). In this regard, we looked forward to the Experts'
Group Meeting on the ACGF on August 19-20, 2015, in Manila, the Philippines, to discuss
the possible establishment of the ASEAN Coast Guard Forum (ACGF) and its Terms of
Reference."
93 Presentation by Japan (ASEAN Regional Forum) available at http://aseanregionalfo-
rum.asean.org/files/Archive/9th/4th%2oARF%2olSM%2oon%2MS,%2oSan%2o
Francisco,%2014-15June2o12/Annex%2o22%20-%2oPresentation%2oby%2oJapan.pdf.

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196 NGUYEN AND MAI

that no problems befall Vietnamese ships working in international waters,

especially in the dangerous waters. 94

4.3 Opportunities and Challenges for Cooperation of Vietnam

Maritime Law Enforcement
The common ground for promoting cooperation of Vietnam maritime law
enforcement in both bilateral and multilateral frameworks is the awareness to
address transnational threats to maritime domains. The South China Sea, with
its natural characteristic as a semi-enclosed sea and its role as a choke point
for international navigation, also generates an imperative for the maritime
law enforcement forces of littoral States to cooperate to protect the marine
environment and safety of navigation. In the last decade, the resurgence of
piracy, armed robbery and kidnap for ransom as well as the emergence of ille-
gal immigration, maritime terrorism and mu fishing have made cooperation
between maritime law enforcement forces the only option for maintaining
good order and security in the South China Sea. The focus on maritime secu-
rity in the policies of many countries including China, Japan, the US, India,
Australia, Indonesia and others creates favorable conditions to promote coop-
eration between maritime law enforcement agencies in general and to seek
assistance on capacity building for Vietnam maritime law enforcement agen-
cies in particular.
However, in the context of intense disputes in the South China Sea, mari-
time law enforcement forces have been utilised as political tools for asserting
sovereignty and maritime claims. Maritime law enforcement forces of certain
countries usually exercise excessive jurisdiction in other countries' maritime
zones. This resulted in a large number of encounters between law enforcement
forces in the South China Sea. In order to overcome this difficulty, some solu-
tions may be considered.
First, as in most cases of disputes, parties in the South China Sea may agree
to cooperation among law enforcement forces in the region subject to a "non-
prejudicial" provision on their sovereignty and maritime claims. However,
given the degree of political mistrust in the region, it may require more than
mere good faith for even the formal discussion of this idea to be commenced.
Further, it is also worth noting that previous cooperation mechanism among
major claimant States like China, Vietnam and the Philippines has gone to a
rather dead end. The 2005 Joint Marine Seismic Undertaking (JMsu) among
the national oil companies of Vietnam, China and the Philippines started

94 VN ships to get piracy warnings, VIET NAM NEWS, May 4, 2016, available at http://
vietnamnews.vn/society/296293/vn-ships-to-get-piracy-warnings.html.

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VIETNAM MARITIME LAW ENFORCEMENT 197

out as a so-called breakthrough in the South China Sea dispute. 9 5 Yet, further
down the road, the JMsU was never implemented due to allegations that the
then Philippine government had made concessions to Beijing prejudicing its
own claims in the South China Sea in exchange for Chinese ODA. 9 6 The lesson
learnt from this experience is that cooperation in the South China Sea, espe-
cially in the sensitive terms of law enforcement in general, can be deemed a
move to realize one country's territorial and maritime claims, regardless of the
nature of such cooperation and a "non-prejudicial" clause.
The second, more viable solution could be to explore cooperation among
law enforcement forces in less sensitive fields like search and rescue, humani-
tarian assistance and disaster relief, or protection of environment, which
are "zone-less" fields to which all claimants have stakes, and legal rights and
obligations to. Developing a set of operational procedures for regional forces
in terms of engagement, exchange of information and coordination in this
regards, therefore, will be helpful to reduce incidents and promote coopera-
tion between maritime law enforcement forces in the region.

5 Conclusion

In summary, the maritime law enforcement body of Vietnam is not unified

and comprises two major forces - the VCG and the FRSF - and four other
functional organs - the Border Guard, the Environment Police, the Customs
and the VMAs. The geographical and substantive scopes of jurisdiction of
these forces are diverse, extending to all maritime zones of Vietnam and span-
ning over all maritime affairs, albeit the operations of the FRSF, Environment
Police, Customs and the VMAs are quite narrowly limited within specific issues
of fishery, environment, customs and port managements.
Such diverse and non-unified operations may pose some problems to the
performance of duties as resources may not be equally and efficiently distrib-
uted among these bodies, and overlapping functions may lead to confusion in
some cases. Nonetheless, the practice of law enforcement forces of Vietnam
still indicates effectiveness in cooperation and coordination between these
forces and shows no sign of jurisdictional conflict. This has partially been the
result of clear guidance on the scope of operation of each body in Vietnam's

95 Jan Storey, Conflict in the South China Sea: China's Relations with Vietnam and the Philip-
pines, JAPAN FOCUS, April 30, 2008, available at https://apjff.org/-lan-Storey/2734/article
.pdf.
96 Ibid.

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198 NGUYEN AND MAI

relevant legislation and rule and on the coordination between the forces.
Meanwhile, a more united law enforcement force is still called for to replace
the current law enforcement structure.
Due to intense disputes in the South China Sea, maritime law enforcement
forces in the region have been used as political tools to assert sovereignty and
maritime claims, resulting in unfriendly encounters which can deteriorate
trust and confidence in the region, hindering attempts to address transnational
issues. Proposals to address this problem can be difficult to be implemented,
due to lack of confidence and trust among concerned parties.
Nonetheless, the maritime law enforcement forces of Vietnam are still
actively and proactively engaging in international and regional cooperation.
In suppressing transnational crimes and illegal activities at sea, the Vietnam
forces have cooperated and coordinated closely with their regional counter-
parts and relevant organizations such as ReCAAP to deal with problems of
piracy, smuggling of narcotics and oil in the region. In protecting security and
safety of navigation, Vietnam law enforcement bodies have conducted bilateral
and multilateral practices on accidents and collisions, search and rescue, and
environmental practices in cases of oil spills within its maritime zones with
regional and international partners. Vietnam has also contributed actively in
assisting neighboring navies and law enforcement bodies in search and rescue
operations, thereby engaging in a network of effective regional practice which
is of great importance in the context of the South China Sea.

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