Decree 102/2012/nd-Cp: On The Organization And Operation Of Test Fisheries

Original Language Title: Nghị định 102/2012/NĐ-CP: về tổ chức và hoạt động của Kiểm ngư

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The DECREE on the Organization and operation of Test fisheries _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of fisheries on November 26, 2003;
Pursuant to the law on the Ombudsman of 15 November 2010;
The base of law handling administrative violations on June 20, 2012;
Pursuant to the law of the sea on 21 June 2012, Vietnam;
Text based 209/UBTVQH13-on 18 July 2012 PL of the Standing Committee of the National Assembly on the establishment of the force check out fisheries;
Considering the recommendation of the Minister of agriculture and rural development;
The Government issued the Decree on the Organization and operation of Test fisheries, chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the functions, duties, powers and organization of Test fisheries; the duties, powers, responsibilities of Test fisheries, fishery Inspection vessel crewing; conditions ensuring Control of fishing activities; the relationship between check out fishing with the forces of other functions and responsibilities of the State administration for the Inspection of fishing.
Article 2. The object of this Decree apply applicable to State authorities, organizations and individuals in the country; organizations, individuals, foreign fisheries activities on the waters of Vietnam.
Chapter II the POSITION, functions, tasks, powers and ORGANIZATION of TEST FISHERIES article 3. The location, the function of the Control of fishing and fishery Control is dedicated to the State's forces in the General Department of Fisheries Ministry of agriculture and rural development, the patrol functions, check, control, handling of breaking the law and specialized fisheries inspectors on the waters of Vietnam.
Article 4. The duties and powers of fisheries 1. Chief, propose and participate in policy development, legal provisions on inspection of fishing as assigned, hierarchy.
2. Patrol, check, control, inspection, detection and handling of violations of the law on fisheries and on the waters of Vietnam under the provisions of the law.
3. Sanctioning administrative violations, apply the preventive measures for violations of the law of fisheries organizations, individuals in local and foreign fisheries activities on the waters of Vietnam.
4. request the Agency individual organization concerned to provide information and documents necessary for the work of patrol, check, control, inspection, detection and handling of violating legislation on fisheries.
5. Advocacy, popular Vietnam law, international law of fisheries; guides and fishermen organizations, individuals active on the seas made the legal provisions on aquaculture.
6. Participate in the work of disaster prevention and coordinating search, rescue, rescue; Join protect the sovereignty, sovereign rights, jurisdiction over the nation's waters in accordance with the law.
7. Participation in activities of international cooperation on fisheries under the international treaties to which Vietnam signed or joined.
8. the Chairman, in collaboration with agencies, relevant organisations organize training, fostering professional service to check out fishing, public servants, officers and crews check the ship Mermaid.
9. specialized inspections and the other tasks are assigned according to the provisions of the law.
Article 5. The Agency's organizational structure check out fisheries 1. Check fishery Bureau is the Agency of the fisheries Bureau affiliated to the Ministry of agriculture and rural development.
Check fishery Bureau to have the Genus Check fishery Bureau regions, departments and business units.
2. Check fishery Bureau and the Bureau to check out Fisheries Department has legal personality, based, seals and opened the account in the State Treasury.
3. The Minister of agriculture and rural development, functions, tasks, powers and structure of the Bureau of Fisheries Control.
Chapter III FISHERIES INSPECTION, CONTROL of FISHING VESSEL CREWS article 6. Check out fisheries staff 1. Check out fisheries staff are public servants appointed on the check quota fisheries staff to perform the task of checking out fishing.
2. Check out the check card fishery officer fishery, costumes and other specialized equipment.
Article 7. Control of fishing vessel crews 1. Control of fishing vessel crews include: a) public servants appointed on Check ship crews of fishing quota;
b) others work aboard fishing Check under labor contracts regimen.
2. Check fishery ship crews be given costumes.
3. The Minister of agriculture and rural development regulation the duties, responsibilities, powers of the check ship crews and fishery.
Article 8. Powers, responsibilities of fisheries staff Check 1. Agency requirements, the Organization, the individual concerned provides information, materials needed for the work on patrol, check, control, inspection, detection and handling of violations of the legislation on fisheries.
2. Sanctioning administrative violations and adopt measures to prevent violations of the provisions of the law.
3. Use the facilities, the support tool, the specialized equipment while on duty under the provisions of the law.
4. When on duty must wear the costume, wear badges, insignia, the check fishery regulatory signs.
5. Perform the powers of inspectors under the provisions of the law of the Inspector.
Chapter IV CONDITIONS ENSURING CONTROL of FISHING ACTIVITIES article 9. Policy regimes for Fisheries Control, Control of fishing vessel crews 1. Check out fisheries staff are entitled to salary, seniority allowance, allowance for the responsibilities according to the profession, the other allowance under the provisions of the law.
2. Check ship crews and fishery was, entitled to salary, incentive allowances according to the profession, the other training mode under the provisions of the law.
3. Check the check ship crews, fisheries fisheries while the duty if injured, were sacrificed then reviewed, recognized as invalids, martyr and enjoy mode, the policy under the provisions of the law.
Article 10. Costumes, Check aerial equipment 1. The check's costume Mermaid annual allocation by the State under the provisions of the law.
2. Check out the torpedo was fitted with the means of communication used; vehicles, special equipment; tools necessary to defend themselves and perform the duties prescribed by the law.
3. The Minister of agriculture and rural development regulations detail on dress check out the mermaid.
Article 11. Control of fishing vessels 1. Check the ship's torpedo boat service of fishery regulators, served patrol duty, check, control, inspection, detection and handling of violations of the legislation on fisheries; Search, rescue, rescue at sea; support for fishermen; protect the sovereignty, sovereign rights, jurisdiction over the nation's waters and other tasks of the check of the mermaid.
2. The Minister of agriculture and rural development regulation paint colors, the number of the norms, standards, Control of fishing vessel activity.
Article 12. Funding for operational and capital expense Check fishery activities are arranged from the State budget and other sources of funding in accordance with the law.
Chapter V the RELATIONSHIP BETWEEN the CONTROL of FISHING with the RELATED FORCES article 13. Principle of coordination 1. Match the functions, duties, and powers of each body, the force is regulated, non-overlapping and ensure uniformity of State management according majored.
2. Proactive, timely, ensure the operating direction, focus, unified to create a general power to protect national security, sovereignty over the seas, protecting fishermen, protection of aquatic resources.
Article 14. The combined content 1. The exchange of information and documents.
2. Construction, issued or the authority to enact laws regarding fisheries.
3. Patrolling, inspection, testing, control, detection and handling of violations of the legislation on fisheries.
4. Protect the fishermen, protection of national security, sovereignty over the waters of Vietnam.
5. Advocacy, education, common fisheries legislation for the Organization and individual activities on the sea; the protection of State property, life, property and means of fisheries activities on the waters of Vietnam.
6. Search and rescue, rescue and fix the problem at sea, protection of the aquatic resources, prevention of pollution of the marine environment.
7. Allow public servants, employees of the Agency, other forces on board to perform the duties when required.
8. Implementation of the international cooperation activities.
9. training, coaching, specialized professional training.
10. coordination of activities related to the Control of fishing.
Article 15. Force and means 1. In the case of emergency, it is necessary to strengthen the force, means to timely prevent violate the law on fisheries, the Minister of agriculture and rural development issued commands, suggest the Ministers concerned and the Chairman of the provincial people's Committee to mobilize the force the media, to stop violating the law on fisheries; General Director of the Bureau of fisheries issued the command force, means of the Agency assigned the task Inspector, inspection, control of aquatic resources protection in local.
Director Test fisheries are responsible for organizing their commands.
2. individual organizations are mobilizing forces, vehicles must obey commands of authority.
3. the mobilization command organs, which must pay the costs to organizations, individuals are assigned according to the provisions of the law.
Chapter VI STATE MANAGEMENT for CHECK OUT FISHERIES article 16. The responsibility of the Ministry of agriculture and rural development 1. Responsible Government in the management, leadership, directing the force check of the mermaid.
2. Build, review, revise, Supplement, the authority issued or issued by the authority the legal text on the siren Control; hosted, in cooperation with the relevant ministries of construction, issued or the competent authority issued the specific coordination mechanisms between check out fishing with other related forces.
3. Hosted, in cooperation with the Ministry of the Interior to locate jobs, construction Payroll Check fishery Bureau's servants, the Authority decided in accordance with the law on civil servants payroll management; professional standards the quota Check fishery officer, fishery Inspection vessel crewing.

4. Hosted, in cooperation with the Ministry of planning and investment, the Finance Ministry and relevant agencies to process the prime consideration, decided to check the work of fishing.
5. the Chairman, in collaboration with the Ministry of Finance shall guide the management and use of fishery activities funding and payment of the costs of the implementation order, force, means of authorized person.
6. the unified direction of professional service for Test fisheries; directing the inspection, checking of fishery activities.
7. The direction, management and inspection level uniforms, badges, insignia, flags, signboards, card check out fisheries; the equipment serves the operation of Test fisheries; push the handle only administrative violations of Test fisheries under the provisions of the law.
8. Directing the training, fostering human resources for Fisheries Control.
9. Ensuring funding for fishermen who perform functions and tasks assigned.
Article 17. The responsibilities of the ministries concerned and the provincial people's Committee 1. The Ministry of Interior, in coordination with the Ministry of agriculture and rural development, and other relevant agencies the authority to decide the Agency's payroll check out fisheries; quota rules, the code the check quota fisheries, fishery Inspection vessel crews as public servants; the Prime Minister allowance rules, fostering mode of Test fisheries, fishery Inspection vessel crewing.
2. Department of Defense directed the naval forces, border guards, police coordination, supporting sea fisheries under the provisions of the law.
3. The Ministry of public security, in coordination with the Ministry of agriculture and rural development specifies the equipment, management, support tools, use the specialized equipment serves the function of mission, check out the mermaid.
4. Ministry of Finance secured funding for fishing activities according to the provisions of the law on the State budget.
5. The Ministry of labour, invalids and Social Affairs, in collaboration with the Ministry of agriculture and rural development, specific provisions on the mode to enjoy the policy of wounded soldiers fishing vessel crews, Check check out fisheries if injured, were sacrificed in the case was having incentives Ordinance with regulation revolution.
6. The Ministry of Foreign Affairs in cooperation with the Ministry of agriculture and rural development in international cooperation relating to Control of fishing activities.
7. The ministries, provincial people's Committee has the responsibility to coordinate with the Ministry of agriculture and rural development, made the task of Test fisheries under the provisions of the law.
Chapter VII ENFORCEMENT PROVISIONS Article 18. Effective enforcement of this Decree has effect from the date of Jan. 25, 2013.
Article 19. Responsibility 1. The Minister of agriculture and rural development, in coordination with the ministries concerned, this Decree implementation guide.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, agencies, organizations and individuals concerned is responsible for the implementation of this Decree.