The Decree 53/2012/nd-Cp: Modifying, Supplementing Some Articles Of The Decree On The Fisheries Sector

Original Language Title: Nghị định 53/2012/NĐ-CP: Sửa đổi, bổ sung một số điều của các Nghị định về lĩnh vực thủy sản

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THE GOVERNMENT.
Number: 53 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 20, 2012

DECREE

Edit, add some of the provisions of the Decree of the Marine Sector

________________________

Government Law Base December 25, 2001;

The Fisheries Law Base November 26, 2003;

At the suggestion of the Minister of Agriculture and Rural Development;

The government issued the revised decree, adding some of the provisions of the Decree of the fisheries sector,

What? 1. Modified, add a number of quantitative provisions 59 /2005/NĐ-CP May 04, 2005, of the Government on the conditions of production, business some of the fisheries industries

1. Clause 1, Clause 2, paragraph 3 and paragraph 4 Article 6 are amended as follows:

" Article 6. Procedure and license order

1. File for a license issued a (01) order, including:

a) License application;

b) The types of paper prescribed at 1 Article 5 of the Digital Protocol 59 /2005/NĐ-CP (copy).

2. An application to renew a license for one (01) order, including:

a) Please renew the license;

b) The safety certificate of the fishing vessel (copy).

3. The individual organization gives a license to the permit in the event of a lost license or a broken, broken, broken license, filed in accordance with the prescribed form at Appendix I issued with this decree.

4. The Agency has the authority to grant licenses, review, grant licenses during the year (05) day of work and to renew the license in two (2) days of work, since the date of receiving enough records by regulation. In the event of a non-grant or no permit extension, there must be a written statement stating the reason. "

2. Article 7 is modified as follows:

" Article 7. License Level

The Department of Mining and Protection of the Department of Aquacal or Unit is tasked with specialized management of the exploitation and protection of the provincial resources of the provinces, the Central City of the Central Committee, the extension, the grant, the license recovery to the institutions, the fish. There is a fishing vessel in the province. "

What? 2. Repeal some of the provisions, paragraph decree 14 /2009/NĐ-CP February 13, 2009 by the Government amended, adding some of the provisions of the Digital Protocol. 59 /2005/NĐ-CP April 04, 2005 by the Government on the conditions of production, business some of the fisheries industries

1. Repeal of Clause 5 Articles 1.

2. Repeal 6 Article 1.

What? 3. Modified, add a number of quantitative provisions 33 /2010/NĐ-CP March 31, 2010 by the Government on the management of the fisheries operations of the organization, the Vietnamese individual on the seas.

1. Clause 4 and paragraph 5 Article 2 are modified as follows:

" Article 2. Explain the term

4. The waters off the coast of Vietnam are the seas, the waters of the nation and other territories.

5. The sea is all of the waters that are not within the economic, territorial, or domestic zone of the nation as well as not within the archipelago of the island nation. "

2. Point A 1 Article 4 is modified as follows:

" Article 4. Fisheries Extraction Partition

a) Coastal waters are limited by the lowest tidal water level and shore. For the islands of the island, the People's Committee is based on the necessity and specific characteristics of each island that regulates the coastal waters of those islands, but limits no more than six (06) nautical miles, from the island's lowest tidal water level. "

3. Article 6 is modified as follows:

" Article 6. Aquacal extraction conditions outside Vietnam.

The organization, the individual who exploited fisheries outside the Vietnamese coast must have the following conditions:

1. For the fishing boat:

a) The fishboat has enough of the Grade I-or-level limited operating zone standard. Where it operates in the waters of Southeast Asia, the fishing ship has to be eligible for a Category II restriction zone.

b) Have been registered, registered. The ship's technical safety certificate must be in force time for at least 3 months;

c) The fully equipped equipment of safety equipment for humans and fishing vessels, communications corresponding to the waters that operate by law;

d) There is enough ship to be compiled by law;

2. For the boat and the person working on the fishing boat:

a) Captain, the captain must have the degree or certificate of the captain, the head of the authority of the competent authority;

b) There is a boat insurance;

c) There are a fishing boat book or a fishing boat crew.

3. For the organization, the individual who takes fishing boats in the waters of the country or other territory must meet the regulatory conditions for the fishing vessel, for the boat, who works on the fish ship and the following conditions:

a) There is a contract to contract aquaculture with the organization, the individual of the country or the territory of the sea, which is granted the authority of the country or the territory of which the sea approx or according to the contents of the Association of Fish Cooperation between the country and the region. the territory with the sea with the Socialist Republic of Vietnam;

b) The ship of the ship must have a universal passport;

c) On board or the same group of ships must have at least one (01) who knows the English or the common language of the nation, the territory the fish ships come to exploit;

d) Meet the other conditions under the regulation of the water law at (if any).

4. For the organization, the individual who organizes the fishing boat that operates in the waters of the country or other territory must meet the following conditions:

a) There is a contract to contract aquaculture with the organization, the individual of the country or the territory of the sea, the authority of the state jurisdiction or the territory of which the sea approx or follows the contents of the Association of Merit Compaction between the country or the country. other territories with the Socialist Republic of Vietnam;

b) Meet the conditions of fishing vessels, boats and persons working on the specified vessel at Clause 1, Clause 2 This Article;

c) In response to other conditions under the regulation of the water law at (if any). "

4. Article 7 is modified as follows:

" Article 7. The procedure and licensing of the fishing vessel exploited the fisheries in the waters of the country or other territories and returned the papers to which the organization, the individual had submitted when granted.

1. Organization, individuals filing records for the Department of Fisheries in the Ministry of Agriculture and Rural Development. File 1 (01):

a) A licensing offer for the fishing vessel that operates fisheries in the waters of the country or other territory;

b) The contract for mining of fisheries in the waters of the country or other territory was granted by the authority of the country and that territory approved (the testimony);

c) The fish ship registration certificate (copy taken);

The list, photo and passport number of the boat, who works on the fishing boat;

) By captain, the captain (copy).

2. During the period (05) five working days, since receiving enough prescribed records, the Department of Fisheries considers the records and licensing for fishing vessels that exploit fisheries in the waters of the country or other territory (in Vietnamese and English).

In the absence of an unlicensed case, the Fisheries Directorate must have the text of the owner of the fish ship and specify the reason.

3. During the period (05) five days of work, since taking enough of the prescribed dosages, the Marine General Department considers the records, licensing the fishing boat to exploit fisheries in the waters of the country or other territory and relevant papers (in Vietnamese and English). You), including:

a) A permit for the fishing boat to exploit the mined fisheries in the waters of the country or other territory;

b) Fish ship registration certificate;

c) Fish ship engineering safety certificate;

d) List, photo and passport number of the boat and the person working on the fishing vessel.

4. After the licensing of fishing vessels in the waters of the country or other territory, in the second term (02) working days, since the date of licensing, the Marine General Directorate must inform the Provincial People ' s Committee where the ship goes to harness fisheries in the country. the waters of the country or other territory and the ministries: Defense, Public Security, Foreign Affairs know to coordinate tracking and management.

5. Organization, individual, when receiving a permit for fishing vessels in the waters of the country or other territory and relevant papers must give back to the Marine General of the following papers:

a) The license for the aquacoship (the main version);

b) The fish ship registration certificate (main version);

c) Fish-ship engineering safety certificate (main version).

6. In order to return the submitted papers, the organization, the individual sent the proposal to return the papers to the Directorate General of Fisheries (prescribed in Appendix II issued by this decree).

In the second term (02) working days from the date of receiving the prescribed order, the Department of Fisheries must return the papers that the organization, the individual has submitted. "

5. Additional paragraph 6, paragraph 7 on Article 9 as follows:

" Article 9. The responsibility of the organization, the individual active mining operations in the waters off Vietnam ' s waters.

6. Before leaving the country ' s seaport or other territorial waters of water, the captain or owner must notify the General Directorate of Fisheries or the provincial fisheries regulator, the Central City of the Central City where the fishing vessel is registered, by means of information. contact or written prior to 05 days, from the scheduled date of arrival to the port of Vietnam.

7. The organization of the organization, the organization of the organization, the organization of the organization, the organization of the Vietnamese fish ship to exploit the fisheries in the waters of the country or other territory:

a) Only the Vietnamese fish ship that was mined in the waters of the nation and other territories was granted by the General Directorate of Fisheries to the fishing vessel;

b) The guide, dissembling to the captain, the fishing boat boat for their rights and responsibilities when conducting aquacal mining in the waters of the country or other territories; signing labor contracts and compliance with labor law;

c) Coordinated with the authorities to resolve and process incidents involving people and fishing boats due to the organization, individuals taking to the exploitation of fisheries in the waters of the country or other territories;

d) Advance costs to take the captain, crew and staff on the fishing vessel on water and other risk costs (if any);

Compliance with the provisions of the Digital Protocol 33 /2010/NĐ-CP, This decree and other laws of law are related. "

6. Replace the Appendix I of the Digital Protocol 33 /2010/NĐ-CP By Appendix III, it is accompanied by this decree.

What? 4. Modified, supplemated, repel some of the number provisions 32 /2010/NĐ-CP March 30, 2010 by the Government on the management of fisheries operations of foreign fishing vessels in the waters of Vietnam.

1. paragraph 2 Article 3 is modified as follows:

" Article 3. Explain the term

2. Vietnam ' s waters are the regions of sovereignty, sovereignty rights, the jurisdiction of the Socialist Republic of Vietnam was prescribed at the National Border Law of 17 June 2003. "

2. Fix 3 and add paragraph 5 to Article 4 as follows:

" Article 4. The principle of aquatic activity of foreign fishing vessels in the waters of Vietnam

3. The foreign fish vessel is only operated by fisheries in the Vietnam Sea when there is a license for the fisheries operated by the authorities and the license to use the frequency and radio broadcast equipment issued by the Department of Information. and Communications (except for the fisheries shipping).

5. The foreign fishing vessel that operates fisheries in the waters of Vietnam must fly the Vietnamese flag during the course of the operation. The flag of Vietnam must be hung beside and at the height of the national flag that the vessel hangs. "

3. Article 5 is modified as follows:

" Article 5. The aquacal operation of the foreign fishing vessel

1. The aquacal activity permit (later called a license) grants each of the fish ships. A fish ship owner may apply for a license for many fishing vessels.

License-based license content at Annex I issued by Protocol No. 32 /2010/NĐ-CP.

2. For the fishing vessel shipping, the duration of the license is issued no more than 12 months. For other fisheries fisheries, the duration of the license is under the deadline of the cooperation project but not more than 36 months.

3. The license is extended not more than two (02) times, the extended time each time no more than 12 months. "

4. Article 8 is modified as follows:

" Article 8. Sequence, level procedure, reorder, license extension

1. A First License (01) license, including:

a) The application to license the fishing vessel by regulations at Annex III issued by Protocol No. 1 32 /2010/NĐ-CP;

b) The collaborative project on the investigation, the exploration of fisheries resources approved by the Prime Minister (a copy of the testimony) or a collaborative project on technical training, the transfer of fisheries technology was approved by the Minister of Agriculture and Rural Development (c). Evidence or project of collection, fishnet transport is approved by the Chairman of the Provincial People's Committee, the Central City of the Central Committee.

c) The fish ship registration certificate (copy certificate);

d) Fish ship engineering safety certificate (copy certificate);

By the captain, the captain.

e) List, photo, and passport number of the boat, who works on the fishing vessel (specify them names, titles, contacts addresses).

2. A permit application of one (01) order, including:

a) The application to grant a license under the prescribed template at Annex IV issued with the Digital Protocol 32 /2010/NĐ-CP);

b) The license was granted (for the case of a torn, broken license);

c) Report on the change of fishing boats (if available), accompanied by regulatory papers at points c, d, e, e clause 1 Article;

d) Report on the change of registration port or active career change (if any).

3. A permit extension of a license for one (01) order, including:

a) Please renew the license under the prescribed pattern at Annex V issued with the Digital Protocol. 32 /2010/NĐ-CP;

b) The license has been issued (copy taken);

c) Fish ship engineering safety certificate (copy taken);

d) Report of the operational situation of the fishing vessel during the license issued;

The Japanese marine exploitation of fisheries, for fisheries, for the fisheries, during the time of licensing.

4. Organization, individuals recommend first licensing, renew the license and grant licenses, file records to the Directorate of Fisheries, Ministry of Agriculture and Rural Development (submitted directly or sent through the postal route).

5. Organization, individuals recommend issuing licenses or authorized persons to receive results at the General Directorate of Fisheries, Ministry of Agriculture and Rural Development or require a licensing body to send results in the postal road. "

5. Add to Section 5 on Article 10 as follows:

" Article 10. License recovery cases

5. Do not implement the report mode, write, submit a prescribed diary. "

6. Article 11 is modified as follows:

" Article 11. Jurisdiction, level, grant, license extension

1. The General Directorate of Fisheries, Ministry of Agriculture and Rural Development is the agency with the authority to grant, grant, renew, revoking the license to foreign fishing vessels operating in the Vietnamese waters.

2. The deadline for the first implementation, reissued, renew the license as follows:

a) Time is not too (05) five working days, since the date of receiving enough records by regulation, for the first-level case;

b) Time is not too (05) years of work, since the date of receiving sufficient records by regulation, for the case of resupply;

c) Time is not too (03) three working days, since the date of receiving enough records by regulation, for the finite case. "

7. paragraph 9 Article 13 is modified as follows:

" Article 13. The responsibility of the foreign fish owner

9. The foreign fishing vessel that is granted a licence to operate fisheries in the waters of Vietnam is only docked, collected, receiving or sold the fisheries products at the port that has been recorded in the license for fisheries. "

8. Replace the Appendix I of the Digital Protocol 32 /2010/NĐ-CP By Annex IV issued by this decree.

9. Replace Appendix II of the Digital Protocol 32 /2010/NĐ-CP by Annex V issued with this decree.

What? 5. Modified, supplemated, repel some of the Protocol 52 /2010/ND-CP May 17, 2010 of the Government on the importation of fishing vessels

1. Article 4 is modified as follows:

" Article 4. Condition for imported fishing boats

1. There is a legal source.

2. As the steel shell, the total main machine capacity from 400 CV returns.

3. The age of the ship is no more than eight (08) years old (from the new year closed to the time of import); the ship's main machine (calculated from the year of production to the time of import) is no more than two (02) years compared to the age of the ship (for used fish ships).

4. Vied by the Vietnamese fishing agency before taking the ship back to Vietnam (for used fishing boats).

These conditions do not apply to the case of fishing by the Government, the organization, the foreign individual aid to Vietnam. "

2. Repeal Article 5 and Article 6.

3. Article 7 is modified as follows:

" Article 7. Order, import procedure

1. Organization, individual imports of the fish vessel must have an import proposal (prescribed at the Appendix I issued with the Digital Protocol). 52 /2010/NĐ-CP), with the Bureau of Agriculture and Rural Development, where the organization is based, the office represents or where the individual offers to import a permanent household. The case case is incomplete by regulation, in the term of one (01) working day, the Department of Agriculture and Rural Development must inform the organization, the individual offering to import the fish ship to replenel the profile.

2. During the period of three (03) days of work since the date of receiving eligible records, the Department of Agriculture and Rural Development must have an opinion and transfer the entire profile to the Marine General Directorate.

3. After the year (05) the day of work since the date of receiving the prescribed record, the Department of Fisheries considers and has the text for the importation of the fish ship (as prescribed at the Appendix VI issued with this decree). The case does not permit the importation of fish ships, during the period (03) three working days, since the date of receiving the prescribed record, the Fisheries Directorate must respond in writing and specify the reason.

4. The text allows the importation of fishing boats to the organization, the individual applying to the fishing vessel, while simultaneously sending to related agencies: the Department of Agriculture and Rural Development where the fish owner registers the permanent household, the Ministry of Defense (Border Command Command), the Ministry of Defence. Finance, Customs General. "

4. Clause 4, Article 12 is amended as follows:

" Article 12. Import of imported fish

4. Level of Personal Ship Registration

During the period of three (03) days of work, since the date of receiving enough records, the fishing agency has the responsibility to issue a fishing vessel registration certificate and into the Vietnam Fish Ship Register.

Case case is not sufficient under the regulation, the fishing authority must notify the organization, the individual imported in the second term (02) working days since receiving the file to supplement the profile. "

5. Article 13 is modified as follows:

" Article 13. Non-deadline fishing records

1. The organization, the individual file a (01) of the fish ship registration records at the fishing vessel registry, where the organization, the individual places the headquarters or registration of the permanent household:

a) The declaration of registration of the fish vessel by the prescribed pattern at Annex II issued by Protocol No. 52 /2010/ND-CP;

b) The text allows the importation of the fishing vessel of the competent authority (copy certificate);

c) The registration of registration (the main version) is accompanied by the translation of the Vietnamese language (copy of the certificate) for used fish ships;

d) The Department of Customs has confirmation that completed the customs procedure (attuned copy);

The receipt of taxes on the provisions of Vietnamese law (copy of the testimony);

e) The image of the imported fish (02 photo size 9 x 12), taken in the direction along the side of the ship.

2. The profile at the fishing boat registry, including: The docking record of the shipbuilding facility for new fishing boats. "

6. Article 15 is modified as follows:

" Article 15. The authority decides to import the ship.

The Directorate of Fisheries, Ministry of Agriculture and Rural Development is the authority with the authority to decide on the importation of fishing vessels ".

7. Article 16 is modified as follows:

" Article 16. The authority to register the imported fish vessel

The Provincial People's Committee organized the registration of fishing boats and registration of the boat for imported fish; aggregation, local fishing boat statistics, periodic reports of Fisheries Directorate, Ministry of Agriculture and Rural Development. "

What? 6. Terms of execution

1. This decree has been in effect since 10 August 2012.

2. This decree repel the terms, paragraph of the following Decree:

a) Clause 1, paragraph 2, paragraph 3, paragraph 4 Articles 6 and Article 7 of the Digital Protocol 59 /2005/NĐ-CP May 4, 2005, of the Government on the conditions of production, business in some fishery industries;

b) paragraph 5 and paragraph 6 Article 1 of the Digital Protocol 14 /2009/NĐ-CP February 13, 2009 by the Government amended, adding some of the provisions of the Digital Protocol. 59 /2005/NĐ-CP May 4, 2005, of the Government on the conditions of production, business in some fishery industries;

c) Article 6, Article 7 and Annex I of the Digital Protocol 33 /2010/NĐ-CP March 31, 2010 by the Government on the management of the fisheries operations of the organization, the Vietnamese individual on the waters;

d) Clause 2 Articles 3, paragraph 3 Articles 4, Article 5, Article 8, Article 11, paragraph 9 Article 13, Annex I and Annex II of the Digital Protocol 32 /2010/NĐ-CP March 30, 2010 by the Government on the management of fisheries operations of foreign fishing vessels in the waters of Vietnam;

Article 4, Article 5, Article 6, Article 7, paragraph 4 Articles 12, Article 13, Article 15 and Article 16 of the Fifth Protocol 52 /2010/ND-CP May 17, 2010 The government is on the import of the fish ship.

What? 7. organizational responsibility

1. The Ministry of Agriculture and Rural Development presided over, in coordination with the ministries, the relevant sector implementing this Protocol.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung