Quyết định 06/2014/QD-TTg

DECISION

COOPERATION IN SEARCH AND RESCUE AT SEA AND IN PORT WATERS

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Law on Sea of Vietnam dated June 21, 2012;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004;

Pursuant to the Law on Civil Aviation of Vietnam dated June 29, 2006;

Pursuant to the Law on Fishery dated November 26, 2003;

Pursuant to the Government's Decree No. 21/2012/NĐ-CP dated March 21, 2012 on management of sea ports and navigable channels;

At the request of the Minister of Transport,

The Prime Minister promulgates regulations on cooperation in search and rescue at sea and in port waters.

Article 1. Regulations on cooperation in search and rescue at sea and in port waters are promulgated together with this Decision.

Article 2. This Decision comes into force from March 10, 2014 and replaces the Prime Minister’s Decision No. 103/2007/QĐ-TTg dated July 12, 2007 on cooperation in search and rescue at sea.

Article 3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, and President of National Search and Rescue Committee are responsible for the implementation of this Decision./.

REGULATIONS

COOPERATION IN SEARCH AND RESCUE AT SEA AND IN PORT WATERS
(Promulgated together with the Prime Minister’s Decision No. 06/2014/QĐ-TTg dated January 20, 2014)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This document deals with cooperation in search and rescue at sea and in port waters; responsibility for leading and cooperating in search and rescue of National Search and Rescue Committee, Ministries, agencies, the People’s Committees of coastal provinces, other organizations and individuals.

Article 2. Regulated entities

This document applies to Vietnamese, foreign organizations and individuals involved in search and rescue within Vietnam’s sea and port waters

Article 3. Interpretation of terms

In this document, the terms below are construed as follows:

1. Marine vehicles (hereinafter referred to as vehicles) include boats, ships, seaplanes, inland watercraft, movable and immovable equipment at sea.

2. Vehicle owner means the organization or individual who owns, manages, or uses the vehicle.

3. Search at sea means the use of force, vehicles, and equipment to locate victims and vehicles in distress.

4. Rescue at sea means activities aimed to save victims from life-threatening danger, including initial medical consultancy and other measures to take the victims to safety.

5. Assistance at sea means activities aimed to save vessels or property thereon from danger, assist the vessels (pulling, pushing) in distress under assistance contracts between the assisting entity and the assisted entity.

6. Towing means pulling, pushing, or escorting vessels at sea or in port waters under a towing contract between the owner of the towing vessel and the client.

7. Emergency channel (emergency frequency) means the channel providing emergency information serving search and rescue, other public and humanitarian activities.

8. A situation of search and rescue at sea means an incident caused by natural disasters or accidents at sea that threatens to cause or already causes loss of life, and in which appropriate emergency measures must be promptly taken to minimize loss.

9. Vietnam’s sea means the sea under Vietnam’s sovereignty and sovereignty right, including internal waters, territorial seas, contiguous zones, exclusive economic zones, and continental shelves of Socialist Republic of Vietnam.

10. Port waters are the waters under the management of port authorities as announced by state authorities, including the waters in front of the wharf, turnaround area, anchoring area, transshipment area, sheltering area, pilot reception area, quarantine area, navigable channel area, and other auxiliary works.

11. Restricted area at sea means the area set by coordinates within Vietnam’s territorial sea for the purposes of environmental protection, salvage, search and rescue, or military exercises.

12. Prohibited area at sea means the area set by coordinates within Vietnam’s territorial sea to ensure national defense and security, prevent environmental disasters and epidemics.

13. Search and rescue commander (hereinafter referred to as commander) means the person who coordinates search and rescue activities, maintains communications between the scene and the search and rescue agency, and follow instructions of the search and rescue agency to direct cooperation in search and rescue at the scene.

14. Search and rescue agency means the agency in charge of coordinating search and rescue activities within an area or sea area.

15. Dedicated search and rescue unit means the unit that consists of people who are trained and provided with suitable equipment for urgent search and rescue.

16. Cooperating units are agencies, organizations requested by the search and rescue agency or competent authorities to dispatch forces or vehicles to participate in search and rescue.

Article 4. Rules for cooperation in search and rescue at sea and in port waters

1. Combine all resources to improve the effectiveness of search and rescue at sea and in port waters; prioritize rescue of people and environmental protection;

2. Be prepared for responses depending on each area and situation.

3. Ensure communications during search and rescue; prioritize receipt and processing of information about search and rescue; promptly report to the competent authority if the situation is deemed beyond the ability of the rescue forces.

4. Coordinate the forces and vessels that participate in search and rescue at sea.

5. Ensure safety of people and vessels that participate in search and rescue.

Article 5. Forces, vehicles participating in search and rescue at sea and in port waters

1. Dedicated search and rescue forces and vehicles of Vietnam Maritime Administration, other dedicated search and rescue units and cooperating units of Ministries, regulatory bodies, local governments, other organizations and individuals.

2. Forces and vehicles under the management of the port authorities, Inland Waterway Port Authority, management board of fishing ports; forces and vehicles of the police, the army, local entities, and central agencies situated locally.

3. Other forces and vehicles operating at sea and in port waters.

4. Forces, vehicles, equipment serving communications, emergency treatment, and other activities serving search and rescue.

5. Foreign search and rescue forces and vehicles permitted by Vietnam’s authorities.

Article 6. Scope of search and rescue of people and vehicles at sea and in port waters

1. Vietnam Maritime Search and Rescue Coordination Center is in charge of cooperation in search and rescue within Vietnam’s sea, except for port waters, prohibited areas, and restricted areas at sea.

2. The People’s Committees of coastal provinces are in charge of cooperation in search and rescue within their provinces, except for port waters, prohibited areas and restricted areas announced by the Ministry of National Defense.

3. Port authorities are in charge of cooperation in search and rescue within their port waters.

4. The Ministry of National Defense is in charge of search and rescue in prohibited areas and restricted areas at sea.

5. National Search and Rescue Committee shall mobilize forces, vehicles of Ministries, regulatory bodies, and local governments to participate in search and rescue in case the location of people and vehicles in distress is not identified; in the contagious zone, and in Vietnam’s sea in case the situation is beyond the ability of the agencies mentioned in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

Article 7. Practicing cooperation in search and rescue at sea and in port waters

1. National Search and Rescue Committee shall direct Ministries, regulatory bodies, and local governments to plan and organize practicing national cooperation in search and rescue and cooperation in search and rescue with foreign forces in Vietnam’s sea.

2. Search and rescue agencies shall submit annual plans to competent authorities, organize training and exercise of search and rescue in their areas in accordance with Article 6 of this document.

Article 8. Payment for the cost of search and rescue at sea and in port waters

1. Funding for search and rescue at sea and in port waters shall be provided by state budget.

2. The source of funding for search and rescue is annual budget for flood and storm recovery and search and rescue, and other lawful sources of Ministries, regulatory bodies, and local governments.

Chapter 2.

COMMUNICATIONS IN OF SEARCH AND RESCUE AT SEA AND IN PORT WATERS

Article 9. Communications system serving search and rescue at sea and in port waters

1. Vietnam’s coastal communications station system, including terrestrial and satellite radio.

2. Coastal communications stations of the border guard, sea radar system.

3. Fishing vessel observation system of Directorate of Fisheries.

4. Other dedicated communication systems and other form of communications of organizations and individuals operating at sea.

5. Aviation search and rescue communications system.

Article 10. Communications during search and rescue at sea

1. The use of lookout channels (frequencies); communications, emergency at sea by radio shall comply with regulations of the Ministry of Information and Communications.

2. The content of an emergency telegram must be sufficient of the search and rescue agency or marine vehicles operating nearby to understand the incident and plan the assistance or search and rescue. Necessary information includes:

a) Name of the vehicle in distress, call sign, Maritime Mobile Service Identity (MMSI), or other identities;

b) Time and location of the incident;

c) Characteristics of the incident;

d) Request for rescue of victims, towage, or other demands (if any);

dd) Name, address, and contact information of the vehicle owner or representative thereof;

e) Other useful information: quantity and health status of crewmembers and people on the vehicle; weather condition, level of wave and wind in the area; frequency, communications devices, lifebuoys.

Article 11. Responsibility to transmit and receive distress signals

1. People and vehicles in distress:

The people and vehicles in distress who need assistance, except for force majeure events, must transmit distress signals as follows:

a) Request assistance from Vietnam’s coastal communications station system or lookout station system of the border guard or fishing vessel observation system of Directorate of Fisheries or vehicles operating nearby;

b) In case of towage or assistance, apart from the information mentioned in Clause 2 Article 10 of this document, specifications of the towed vehicle must be provided, such as payload, length, width, draught;

c) Maintain communications with the contacted entities (directly or via Vietnam’s coastal communications stations)

d) Report promptly at the request of search and rescue authorities, forces and vehicles participating in search and rescue;

dd) In case the threat to people or vehicle has been eliminated, the contacted entities must be informed in order for them to terminate the search and rescue operation.

2. Captains of vehicles operating at sea and in port waters:

a) Assist the people in distress when receiving distress signals nearby if the assistance does not threaten the safety of their own people and vehicles;

b) Notify their participation in search and rescue to Vietnam’s coastal communications stations;

c) Notify the Search and Rescue Coordination Center if they cannot participate in search and rescue (because of safety of their own people or vehicle or they are performing other emergency tasks).

3. Notify agencies and forces in charge of search and rescue when finding or receiving information about people or vehicles in distress. Information providers are responsible for the truthfulness of information.

4. Vietnam’s coastal communications stations, other communications stations serving search and rescue of Ministries, regulatory bodies, and local governments must operate 24/24 to receive distress signals at sea and notify search and rescue agencies.

5. The agencies in charge of search and rescue must operate 24/24 to receive and process information; plan and conduct search and rescue operations.

Article 12. Transmission of information to people and vehicles in distress at sea

1. Information about search and rescue at sea shall be transmitted by Vietnam’s coastal communications stations using the frequencies and methods prescribed by the Ministry of Information and Communications.

2. Content of information about search and rescue is decided by search and rescue agencies.

3. The termination of transmission of information about search and rescue is decided by search and rescue agencies.

Article 13. Broadcasting of warnings and measures for protection against disasters at sea

1. Vietnam’s coastal communications stations, communications center of Directorate of Fisheries shall broadcast warnings to people and vehicles operating at sea for them to take measures against disasters at sea. To be specific:

a) Broadcast news of tropical depressions, storms according to regulations of law on tropical depressions, storms, and flood;

b) Broadcast information about earthquakes and tsunami warnings at sea according to regulations of law;

c) Broadcast warnings and forecasts about natural disasters at sea according to applicable regulations on warnings and forecasts about natural disasters at sea;

d) Broadcast information about restricted areas at sea at the request of the agencies competent to establish restricted areas at sea;

dd) Broadcast measures for protection against disasters in affected areas at the request of search and rescue agencies;

e) The termination of broadcasting of warnings or measures for protection against disasters at sea is decided by the agencies competent to request such broadcasting.

2. The mass media shall broadcast warnings about disasters at sea within the area of their functions and duties.

Chapter 3.

SEARCH AND RESCUE AT SEA

Article 14. On-scene cooperation in search and rescue at sea

1. Captains of vessels operating at sea have the responsibility to:

a) Participate in rescue of people at sea when finding or receiving distress signals nearby if the rescue does not threatens the safety of their own people and vehicles; Notify search and rescue agencies and relevant entities of their participation in the search and rescue;

b) Comply with the request for participation in search and rescue of search and rescue agencies;

c) Participate in assisting vehicles in distress as prescribed.

2. Captains of vehicles participating in search and rescue have the responsibility to:

a) Contact the people or vehicle in distress to know the situation, method and frequency of communications;

b) Notify the search and rescue agency if both parties agree on the method of towage, assistance, or rescue without additional assistance.

c) Notify the search and rescue agency in case additional assistance is needed;

d) Comply with the direction of the scene commander and report to the scene commander;

3. Scene commander

a) In case only one vehicle participates in the search and rescue, the capital of that vehicle will be the scene commander. In case there are multiple vehicles participating in the search and rescue, the scene commander will be appointed by the search and rescue agency.

b) The scene commander has the responsibility to:

Coordinate the search and rescue activities at the scene between the rescuing vehicles, vehicles in distress, and the search and rescue agency.

Maintain communications between the rescuing vehicle and vehicle in distress; assign tasks to each vehicle participating in the search and rescue; regularly report the progress of search and rescue operation to search and rescue agency;

Comply with instructions and requests of the search and rescue agency;

Request the search and rescue agency to change the search and rescue plan according to the situation, or to suspend/terminate the search and rescue operation at sea. The change of search and rescue plan must be approved by the search and rescue agency;

If contact with the search and rescue agency is lost and the situation is urgent, the search and rescue plan may be changed and reported to the search and rescue agency as soon as possible.

4. The search and rescue agency has the responsibility to:

a) Grasp the situation to draw up a plan and mobilize forces and vehicles promptly and effectively;

b) Request Vietnam’s coastal communications stations to broadcast information about search and rescue of people and vehicles in distress at sea and stop broadcasting after the situation is over; maintain communications with the scene commander; direct the search and rescue operation;

c) Give instructions to people, vehicles in distress, captains of vehicles participating in the search and rescue operation, and the scene commander;

d) Mobilize forces and vehicles to the search and rescue operation; request search and rescue authorities to mobilize their forces and vehicles in case the situation is beyond its ability to response;

dd) Cooperate with other agencies and organizations to conduct the search and rescue operation and handle the consequences;

5. Cooperating units have the responsibility to:

a) Comply with the dispatch of the search and rescue agency;

b) Cooperate with other search and rescue units by mobilizing vehicles to the search and rescue operation at sea. Report information about the search and rescue at sea to competent authorities.

6. Owners of vehicles operating at sea have the responsibility to:

a) Comply with the dispatch of competent authorities; dispatch their vehicles to participate in search and rescue operation at sea;

b) Comply with orders of search and rescue authorities to protect people and crewmembers at sea in case their vehicles are towed or assisted.

7. Insurers who sold insurance to the vehicles in distress have the responsibility to:

a) Cooperate, provide document and information about the insured at the request of search and rescue authorities;

b) Comply with orders of search and rescue authorities to protect people and crewmembers at sea when cooperating with owners of vehicles being towed or assisted.

Article 15. Cooperation in towing and assisting vehicles at sea

1. Towage and assistance of vehicles in distress at sea shall complied with regulations of Maritime Code of Vietnam.

2. In case safety of people is threatened during towage or assistance, the captains of the vehicle in distress and assisting vehicle must transmit a distress signal according to Article 10 of this document.

3. With regard to seagoing vessels that are damaged and adrift on the sea and likely to collide or go aground and thus threaten the safety of people, the vehicle, or cargo, or likely to cause environmental pollution and the vessel owner has not had any effective measure, Vietnam Maritime Administration shall take the vessel to safety. The vessel owner shall incur the cost, including accidents that occur while the vessel is being taken to safety.

4. If necessary, the search and rescue agency is entitled to request people and crewmembers to leave the vehicle to protect their lives.

5. In case of emergency, the mobilization of dedicated search and rescue vehicles, military vehicles, or public vehicles to assistance shall be decided by competent authorities.

Article 16. Cooperation in search and rescue at sea by aircraft

1. National Search and Rescue Committee shall mobilize aircraft to search and rescue operation; determine the search and rescue area or request Vietnam Maritime Search and Rescue Coordination Center to do so; request the enterprise providing air traffic control services to formulate a rescue flight plan and notify the plan to National Air Traffic Control Center.

2. The enterprise providing air traffic control services shall formulate a flight plan for search and rescue at sea.

3. The aircraft participating in the search and rescue operation must report the result to the air traffic control center, aviation search and rescue service center, and Vietnam Maritime Search and Rescue Coordination Center.

4. The scene commander shall command the rescue at sea by aircraft.

5. At the request of the aviation service provider, the air traffic control service provider shall request civil aircraft operating nearby to participate in the search and rescue operation.

6. Vietnamese aircraft participating in search and rescue outside Vietnam’s search and rescue zone  or foreign aircraft participating in search and rescue within Vietnam’s search and rescue zone shall comply with the bilateral agreement on search and rescue between their countries.

Article 17. Cooperation in search and rescue of aircraft at sea

1. National Search and Rescue Committee shall take charge and cooperate in search and rescue of aircraft at sea.

2. In case a civil aircraft has an accident at sea, Aviation Search and Rescue Coordination Center and the air traffic control service provider must:

a) Report National Search and Rescue Committee and the Ministry of Transport for direction;

b) Cooperate with Maritime Search and Rescue Cooperation Center in planning the cooperation of forces and vehicles;

c) Cooperate with the People’s Committees, relevant organizations and individuals in search and rescue of aircraft at sea.

Article 18. Cooperation in search and rescue in common zones and contiguous zones with other countries, and in other countries’ sea

1. Vietnam Maritime Search and Rescue Coordination Center, air traffic control establishment, aviation search and rescue establishment shall establish communications channels to connect to search and rescue centers of the cooperating countries for:

a) Exchanging information about the search and rescue situation: developments, quantity of people and vehicles in distress; forces and vehicles of each country participating in the search and rescue;

b) Determining responsibility, scope of search and rescue of each party; cooperation contents, frequencies and means of communications of search and rescue forces;

c) Organize the search and rescue operation within their scope of duties.

2. In necessary, National Search and Rescue Committee shall cooperate with the Ministry of Foreign Affairs and via Vietnam Maritime Search and Rescue Coordination Center in requesting the authorities of the bordering countries to permit Vietnamese forces and vehicles to enter the common zone and contiguous zone to participate in search and rescue.

3. In case Vietnamese forces and vehicles have to participate in search and rescue in the sea of another country, National Search and Rescue Committee shall cooperate with relevant Ministries and agencies in requesting permission of such country.

Article 19. Cooperating with foreign forces, vehicles participating in search and rescue in Vietnam’s sea

1. When the authority of another country requests permission for their forces and vehicles to participate in search and rescue in Vietnam’s sea, the Ministry of Foreign Affairs shall receives the request and appoint an competent authority to follow procedures for permitting according to the Government's Decree No. 95/2010/NĐ-CP dated September 16, 2010 on grant of permission and cooperation with foreign search and rescue forces in Vietnam.

2. Vietnam Maritime Search and Rescue Coordination Center is in charge of cooperation in search and rescue at sea, announce the requirements and conditions of Vietnam, method of cooperation with foreign search and rescue forces in Vietnam’s sea.

3. Foreign forces and vehicles participating in search and rescue in Vietnam’s sea must:

a) Comply with Vietnam’s law and international agreements to which Vietnam is a signatory; report information at the request of Vietnam’s authorities;

b) Conduct the search and rescue operation under the coordination of Vietnam’s scene commander and search and rescue authorities.

Article 20. Cooperation in search and rescue of fishermen and fishing vessels at sea

1. Seagoing vessels, fishing vessels, and other kinds of vessels operating at sea have the responsibility to participate in search and rescue of fishermen and fishing vessels in distress.

2. Vessels that receive information about fishermen and fishing vessels in distress while operating at sea must immediate notify one of the following agencies to organize a search and rescue:

a) Port authority;

b) Maritime Search and Rescue Cooperation Center;

c) Nearest border guard or coast guard post;

d) Fisheries surveillance forces;

dd) Vietnam’s coastal communications stations;

e) Storm, Flood Protection and Search and Rescue Command Centers of provinces.

3. Fishing vessels shall assist the vessel in their team or request assistance from fishing vessels nearby; inform the owner of the vessel in distress and local authorities to be ready for search and rescue.

4. If the situation is beyond the ability of the search and rescue forces, National Search and Rescue Committee must be immediately informed to mobilize forces and vehicles to participate in the rescue or assistance.

Chapter 4.

SEARCH AND RESCUE IN PORT WATERS

Article 21. Port authorities

1. The Director of the port authority shall mobilize every available forces and equipment of the port, vessels, and other available in the vehicles in the port area under his/her management to the search and rescue operation.

2. Appoint a scene commander.

3. Control the traffic, report the maritime accident; navigable channels; temporarily prohibit vessels crossing the search and rescue area.

4. Lead the search and rescue operation; request superior authorities, the People’s Committee of the province to mobilize forces and vehicles if the situation is beyond the capacity of the forces in the port waters.

5. Compile a list of phone numbers, channels (frequencies), and means of communications; provide the list for organizations and individuals involved in the search and rescue operation in the port waters.

6. Take charge and cooperate with relevant agencies and organizations in formulating regulations and plans on cooperation in search and rescue in the port waters.

Article 22. The People’s Committees of provinces

1. Decide mobilization of forces, vehicles, equipment of local agencies, local units, and central agencies situated locally to participation in search and rescue in the port waters at the request of the Director of the port authority.

2. Manage local fishing vessels via local authorities and owners of fishing vessels; Mobilize fishing vessels to participation if search and rescue.

3. Request National Search and Rescue Committee to provide instructions and support if the situation is beyond the capacity of local forces.

Article 23. Organizations and individuals managing local vessels

1. Quickly mobilize forces, vehicles, and equipment to participate in search and rescue in the port waters at the request of the Director of the port authority.

2. Direct vehicles to cooperate in implementing the plan for search and rescue under the command of the port authority.

3. Cooperate with the port authority in formulating regulations and plans on cooperation in search and rescue in the port waters.

Article 24. Organizations and individuals whose vehicles are in distress in the port waters

Organizations and individuals whose vehicles are in distress or likely to be in distress in the port waters have the responsibility to:

1. Notify the port authority, Search and Rescue Command Center of the province, the border guard at the checkpoint, and coastal communications stations of the time, location, quantity of victims, their health, and status of the vehicles.

2. Maintain communications with the port authority to conduct search and rescue or assistance.

3. Report at the request of search and rescue authorities in charge of the port waters and forces, vehicles participating in search and rescue.

4. Notify the port authority in case the threat to their people or vehicles has been eliminated in order to terminate the search and rescue operation.

Chapter 5.

RESPONSIBILITIES OF VARIOUS ORGANIZATIONS AND INDIVIDUALS

Article 25. Responsibilities of National Search and Rescue Committee

1. Direct relevant Ministries and agencies in formulating a national plan for search and rescue at sea and various scenarios for cooperation in search and rescue, then submit them to competent authorities for approval.

2. Mobilize forces, vehicles, and equipment of Ministries, regulatory bodies, local governments, other organizations and individuals to participate in the search and rescue operation at sea in case the situation is beyond the capacity local of professional search and rescue forces.

3. Provide instructions for relevant Ministries and agencies on licensing and cooperating with foreign forces and vehicles in search and rescue operations in Vietnam’s sea and monitor the operations.

4. Submit periodic reports to the Prime Minister on cooperation in search and rescue at sea of forces of Ministries, regulatory bodies, and local governments; submit extraordinary reports upon occurrence of a situation.

Article 26. Responsibility of Central Storm and Flood Protec tion Command Center.

1. Provide instructions on measures to protect against storms and tropical depression at sea.

2. Cooperate with National Search and Rescue Committee in mobilizing forces and vehicles to search and rescue in case of people and vehicles in distress at sea because of storms or tropical depression.

Article 27. Responsibilities of the Ministry of National Defense

1. Cooperate with National Search and Rescue Committee in formulating a plan for mobilization of forces and vehicles of the navy, air force, border guard, coast guard, and other military forces to participate in search and rescue at sea within their operating areas.

2. Mobilize military forces and vehicles to participate in search and rescue of vehicles and vessels under the management of the army or at the request of search and rescue agencies.

3. Cooperate with the Ministry of Transport and the Ministry of Foreign Affairs in granting permission for foreign forces and vehicles to participate in search and rescue in Vietnam’s sea, foreign maritime search and rescue forces to enter prohibited areas of Vietnam’s sea for search and rescue, and report to National Search and Rescue Committee.

4. Report search and rescue operations conducted by military forces to National Search and Rescue Committee as prescribed.

5. Take charge and cooperate with relevant Ministries and agencies in determining duration and specific boundaries of prohibited areas in Vietnam’s sea after the Prime Minister grants an approval.

Article 28. Responsibilities of the Ministry of Public Security

1. Cooperate with National Search and Rescue Committee in formulating a plan for mobilization of forces and vehicles of waterway police units, fire brigades, rescue forces, and other police to participate in search and rescue at sea within their operating areas and competence.

2. Mobilize police forces and vehicles to participate in search and rescue of vehicles and vessels under the management of the police or at the request of search and rescue agencies.

3. Report search and rescue operations conducted by police forces to National Search and Rescue Committee as prescribed.

Article 29. Responsibilities of the Ministry of Transport

1. Take charge and cooperate with National Search and Rescue Committees, governments of coastal provinces in formulating and implementing plans for mobilization of maritime, aviation, inland waterway forces and vehicles of the Ministry of Transport to participate in search and rescue at sea.

2. Take charge and cooperate with National Search and Rescue Committee in coordinating maritime and aviation search and rescue systems. Organize the implementation of regulations on cooperation in civil aviation search and rescue and cooperation in search and rescue at sea and in port waters.

3. Direct affiliated agencies and units to mobilize their forces and vehi8cles to participate in search and rescue at sea when there are situations that involve aircraft and seagoing vessels; mobilize search and rescue forces of the Ministry of Transport to participate in search and rescue of vehicles of other Ministries and provinces at the request of National Search and Rescue Committee.

4. Grant permission for foreign forces and vehicles to participate in search and rescue in Vietnam’s sea after reaching a consensus with the Ministry of National Defense the Ministry of Foreign Affairs, and report to National Search and Rescue Committee.

5. Provide emergency frequencies of Vietnam’s coastal communications stations, means of communications with maritime and aviation search and rescue cooperation centers for vehicles operating at sea, relevant Vietnamese and foreign entities to cooperate in search and rescue at sea.

6. Report search and rescue operations conducted by forces and vehicles of the Ministry of Transport to National Search and Rescue Committee as prescribed.

7. Disseminate regulations of law on maritime safety and industrial emission among organizations, individuals, owner of vehicles operating at sea and in port waters.

Article 30. Responsibilities of the Ministry of Agriculture and Rural Development

1. Instruct affiliated agencies and units to mobilize their fisheries surveillance and fisheries forces and vehicles to participate in search and rescue at sea when there are situations that involve fisheries vehicles; mobilize forces and vehicles of the Ministry of Agriculture and Rural Development to participate in search and rescue of vehicles of other Ministries and provinces at the request of National Search and Rescue Committee.

2. Promulgate regulations on communications devices of offshore fishing vessels.

3. Direct Search and Rescue Command Centers of coastal provinces to stay on watch 24/24 to receive and process information about search and rescue.

4. Direct Departments of Agriculture and Rural development of provinces to carry out inspection and registration of fishing vessels; promulgate regulations on cooperation in rescue or assistance; policies on search and rescue of fishermen and fishing vessels at sea and in port waters; disseminate such regulations among fishermen.

5. Cooperate with other Ministries in sharing information and database about management of fishing vessel rescue and assistance in port waters and Vietnam’s sea.

6. Report search and rescue operations of the Ministry of Agriculture and Rural Development to National Search and Rescue Committee.

Article 31. Responsibilities of the Ministry of Natural Resources and Environment

1. Direct affiliated agencies and units to monitor and broadcast news of tropical depressions, storms, earthquakes and tsunami warnings at sea.

2. Direct National Hydrometeorological Service to cooperate with coastal communications stations in promptly providing information about weather, meteorology and hydrology in order to broadcast warnings to owners and operators of maritime vehicles.

3. Direct the radar system for surveillance of maritime environment and resources of General Department of Vietnam’s Sea and Islands, remote sensing system of Remote Sensing Administration to participate in searching, monitoring accidents at sea at the request of National Search and Rescue Committee, relevant Ministries, regulatory bodies, and local governments.

Article 32. Responsibilities of the Ministry of Information and Communications

1. Take charge and cooperate with relevant Ministries and agencies in establishing uniform emergency frequencies and promulgating regulations on radio communications; prioritize communications serving direction of search and rescue at sea.

2. Direct affiliated agencies, units, and relevant enterprises to mobilize their forces to participate in maintenance of communications serving direction of search and rescue at sea at the request of search and rescue authorities.

3. Provide guidance on registration of frequencies to ensure prompt communications in case of rescue or assistance at sea.

4. Direct mass media agencies to disseminate law and regulations on assurance of safety of people and vehicles while operating at sea and in case of accidents at sea.

Article 33. Responsibilities of the Ministry of Health

1. Cooperate with National Search and Rescue Committee, relevant Ministries and agencies in formulating scenarios of emergency treatment for victims at sea.

2. Direct medical forces to cooperate with Maritime Search and Rescue Cooperation Center of Vietnam and in the region to provide remote instructions on emergency treatment at sea.

3. Direct medical forces to participate in provision of emergency treatment for victims at sea at the request of search and rescue authorities.

Article 34. Responsibilities of the Ministry of Foreign Affairs

1. Direct affiliated agencies, Vietnam’s representative body overseas to cooperate with authorities of the host countries and international organizations in search and rescue of Vietnamese people and vehicles in distress in foreign search and rescue areas, including maritime and aviation search and rescue areas.

2. Cooperate with National Search and Rescue Committee, other Ministries and agencies in requesting foreign authorities to provide assistance in search and rescue of Vietnamese people and vehicles in distress, provide shelters, and provide assistance in other emergencies; assist in rescue of people and vehicles, complete procedures and resolve other issues to repatriate people and vehicles.

3. Cooperate with National Search and Rescue Committee, relevant Ministries and agencies in completing diplomatic formalities in case of search and rescue of foreign people and vehicles in Vietnam’s sea.

4. Cooperate with the Ministry of Transport and the Ministry of National Defense in granting permission for foreign forces and vehicles to conduct search and rescue operations in Vietnam’s sea.

Article 35. Responsibilities of the Ministry of Finance and the Ministry of Planning and Investment

1. The Ministry of Finance and the Ministry of Planning and Investment shall provide funding for search and rescue at sea and in port waters for other Ministries, regulatory bodies, and local governments.

2. Inspect the management and use of funding provided by state budget.

Article 36. Responsibilities of other Ministries and agencies

1. Direct affiliated agencies and units whose forces and vehicles are capable of search and rescue at sea to propose inclusion of their forces and vehicles in the national plan for search and rescue at sea to National Search and Rescue Committee.

2. Direct affiliated agencies and units to mobilize their forces and vehicles to participate in search and rescue at sea at the request of National Search and Rescue Committee and competent authorities.

3. Cooperate with National Search and Rescue Committee in formulating plans for using their forces and vehicles to participate in search and rescue at sea and in port waters.

Article 37. Responsibilities of the People’s Committees of coastal provinces

1. Formulate plans for mobilizing local forces and vehicles, forces and vehicles of central agencies in the province to participate in search and rescue within their provinces, port waters, asylum harbors, and inland navigable channel.

2. Take charge and cooperate with search and rescue authorities in mobilizing local forces and vehicles, forces and vehicles of central agencies in the province to participate in search and rescue within their provinces, port waters, asylum harbors, and inland navigable channel.

3. Request Vietnam Maritime Search and Rescue Coordination Center to mobilize more vehicles where necessary.

4. Disseminate regulations of this document among fishermen and relevant entities.

5. Request National Search and Rescue Committee to mobilize force and vehicles of other Ministries, regulatory bodies, and local governments to participate in search and rescue if the situation is beyond the capacity of the People’s Committee of the province.

Article 38. Responsibilities of organizations and individuals having vehicles operating at sea

1. Comply with competent authorities’ orders to mobilize their vehicles to participate in search and rescue at sea.

2. Cooperate, provide information, and report to search and rescue agencies to assist in the search and rescue of their people and vehicles.

3. Organizations and individuals whose vehicles are capable and ready for search and rescue at sea according to the national plan for search and rescue at sea shall report to National Search and Rescue Committee to consider their participation in the plan and mobilize them to participate in search and rescue where necessary.

Chapter 6.

IMPLEMENTATION CLAUSES

Article 39. Implementation

1. National Search and Rescue Committee, Ministries, the People’s Committees of provinces, relevant organizations and individuals are responsible for the implementation of this document.

2. National Search and Rescue Committee shall cooperate with the Ministry of Transport in supervising the implementation of this document.

3. National Search and Rescue Committee and the Ministry of Transport shall report the issues that arise during the implementation of this document to the Prime Minister for consideration./.