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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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law of fisheries on November 26, 2003;

According to the recommendation of the Minister of agriculture and rural development;

The Government issued the decree amending and supplementing some articles of the Decree on the field of fisheries, article 1. Amendments and supplements to some articles of Decree 59/2005/ND-CP dated April 5, 2005 by the Government on conditions for the production and trading of some fisheries industries 1. Paragraph 1, item 2, Clause 3 and clause 4 Article 6 is modified as follows: "article 6. Procedures and licensing process 1. Application for a license (1) the Ministry, including: a) application for license;

b) The documents specified in clause 1 article 5 of Decree No. 59/2005/ND-CP (copies).

2. an application for renewal of a license (1) the Ministry, including: a) the application to renew the licence;

b) certificate of safety of fishing vessel (a copy).

3. individual organizations apply for re-issuance of licenses in case of lost license or license broke, crushed, damaged, applicant according to the form prescribed in annex I attached to this Decree.

4. The Agency has the authority to license, granted, granted leave of license within a period of five (5) working days and renew the licenses of the two (2) working days from the date of receipt of application rules. In case of failure to grant or not to grant or renew the licence must not have written reply stating the reason. "

2. Article 7 is amended as follows: "article 7. Licensing Agency Bureau of exploitation and protection of aquatic resources or units are assigned to specialized management of exploitation and protect the aquatic resources of the province, the city of centrally issued, renewed, reissued, revoke the licence for the Organization, individual fishing vessel registered in the province. "

Article 2. Removal of some articles, account of Decree No. 14/2009/ND-CP dated 13 February 2009 the Government's amendments and supplements to some articles of Decree No. 59/2005/ND-CP dated April 5, 2005 by the Government on conditions for the production and trading of some fisheries industries 1. Repeal Clause 5 article 1.

2. Annuls Article 6, Paragraph 1.

Article 3. Amendments and supplements to some articles of Decree 33/2010/ND-CP DATED 31 March 2010 the Government managed fisheries activities of the Organization, personal Vietnam on the waters 1. Clause 4 and Clause 5 article 2 is modified as follows: "article 2. Explain the term 4. The waters of the sea of Vietnam is the region of the sea, the waters of other countries and territories.

5. The sea is all the seas are not in the exclusive economic zone, territorial sea or internal waters of the country as well as in the islands of the archipelago countries. "

2. a paragraph 1 article 4 is modified as follows: "article 4. Partitioning the fisheries exploiting a) Coastal Zone is limited by the lowest tide level and online banks. For the island, the local people's Committee of provincial level based on the need for and the specific characteristics of each island coastal zone regulations of the Islands, but limited to no more than six (6) nautical miles, measured from the waterline to the lowest tide of the island. "

3. Article 6 is modified as follows: "article 6. Fisheries exploitation conditions in Vietnam waters outside the Organization, the individual fishery exploitation outside Vietnam waters must have the following conditions: 1. for fishing vessel: a) the fishing vessel has qualified the limited activity level I or level without restriction. Active in the case of the countries of South-East Asian region, the fishing vessel must have qualified the limited activity level II;

b) has been registered, to check out. Certificate of technical fishing vessel safety must have time in force for at least 3 months;

c) fully equipped for safety equipment and fishing vessel, the corresponding contact information with active waters in accordance with the law;

d) payroll enough crewmembers as prescribed by law;

2. for crews and people working on the fishing vessel: a) the captain, the leader must have the certificate or the captain, the head of so competent bodies;

b) boat insurance;

c) Have shared fishing vessel crews or certified professional fishing vessel crews.

3. With regard to the Organization, the individual ship the fish to go dig in the waters of a country or other territory must meet the conditions for the fishing vessel regulations, for the crews, who worked on the fishing vessel and the following conditions: a contract of cooperation) has the advantages with the Organization individual countries or territories have the sea, are the competent authorities of countries or territories have approved sea or according to the content of the fisheries partnership agreement between the countries and territories have seas with the Socialist Republic of Vietnam;

b) crews on the ship must have Passport;

c) on the same ship or group of ships must have at least one (1) person who know English or the nation's common language, territory that fishing vessel to exploit;

d) meet the other conditions prescribed by the law of the country in (if any).

4. for organizations, individuals held ship the fish to go dig in the waters of a country or other territory must meet the following conditions: a contract of cooperation) has the advantages with the Organization, individuals of the countries or territories have the sea, are the competent authorities of countries or territories have approved sea or according to the content of the fishing cooperative between countries or territories other than the Socialist Republic of Vietnam;

b) satisfies the conditions of fishing vessel, crew and people working on ships specified in paragraph 1, item 2 of this Article;

c) meet the other conditions prescribed by the law of the country in (if any). "

4. Article 7 is amended as follows: "article 7. Procedure and the licensing process for fisheries exploiting fish vessels in the waters of a country or other territory and return the papers that the Organization, individuals have filed when licensees.

1. The organization, individuals filing for the General Department of fisheries under the Ministry of agriculture and rural development. A profile (1) set includes: a Single license for the suggestion) fishing vessel operations fisheries in the waters of a country or other territory;

b) contract cooperative exploitation of aquatic resources in the waters of a country or other territory are competent agencies of the countries and territories that accept (a notary);

c) fishing vessel registration certificate (a copy);

DD) list, photo and passport number of crews, who worked on the fishing vessel;

e) By the captain, the captain (a copy).

2. within (5) five working days, from receipt of application regulation, the Directorate of fisheries review and licensing of fishing vessel go exploit fisheries in the waters of a country or other territory (in Vietnamese and English).

In the case of non-licensed, the General Directorate of fisheries must have text answers and fishing vessel owners stating the reason.

3. within (5) five working days, from receipt of application rules, the General Department of fisheries to review records, licensed fishing vessel go exploit fisheries in the waters of a country or other territory and related papers (in Vietnamese and English), including : a) licenses for fishing vessel exploitation of fisheries exploitation in the waters of a country or other territory;

b) fishing vessel registration certificate;

c) certificate of technical fishing vessel safety;

d) list, photo and passport number of the crew and people working on the fishing vessel.

4. After the licensing of fishing vessel go exploit fisheries in the waters of a country or other territory, within a period of two (2) working days from the date of the license, the General Department of fisheries shall inform the provincial people's Committee, where the ship go exploit fisheries in the waters of a country or other territory and the Ministry : Defense, public security, Foreign Affairs to coordinate follow-up and management.

5. organizations and individuals receiving licenses for fisheries exploiting fish vessels in the waters of a country or other territory and the relevant documents must return it to the Directorate of fisheries the following papers: a) the mining license (original);

b) fishing vessel registration certificate (original);

c) certificate of technical fishing vessel safety (original).

6. To receive the papers were filed, the organization or individual submitting the proposal receive the papers to the General Department of fisheries (in the form prescribed in annex II attached to this Decree).

Within a period of two (2) working days from the date of the application under the regulations, the General Department of fisheries to return the papers that the Organization, individuals have filed. "

5. additional Clause 6, Clause 7 to article 9 as follows: "article 9. The responsibility of the organization or individual operating the exploitation of fisheries in the waters of the sea of Vietnam 6. Before leaving the port of a country or other territory of the country, the captain or ship owners must inform the Directorate of fisheries or fisheries management agencies in the central cities, where the fishing vessel register, by means of communication or in writing before the 5 days from the date projected on to the port of Vietnam.

7. organizational responsibility, individual organizations take Vietnam fishing vessel go exploit fisheries in the waters of a country or other territory: a) Only be taken away Vietnam exploited fishing vessel in the waters of other countries and territories that once was the Directorate of fisheries licensed fishing vessel go harness;

b) instructions, popular for fishing vessel crews, about their rights and responsibilities when conducting the exploitation of aquatic resources in the waters of the other country or territory; the signing of labor contracts and compliance with labour legislation;

c) collaboration with the relevant authorities to solve and handle the incident occurs that involves people and fishing vessel held personal, put away the exploitation of aquatic resources in the waters of the other country or territory;

d) advance costs to bring the captain, crew and people working on the fishing vessel on water and the cost of other risks (if any);

DD) in compliance with the provisions of Decree No. 33/2010/ND-CP, decrees and other legal provisions concerned. "

6. Replace annex I of Decree No. 33/2010/ND-CP by Appendix III attached to this Decree.


Article 4. Modify, Supplement, abolish a number of articles of Decree 32/2010/ND-CP dated 30 March 2010 the Government managed fisheries activity of foreign fishing vessels in the waters of Vietnam 1. Paragraph 2 of article 3 is amended as follows: "article 3. Explain the term 2. Vietnam's sea waters in the sovereignty, sovereign rights, jurisdiction of the Socialist Republic of Vietnam is regulated in the law on the State border on June 17, 2003. "

2. Amend paragraph 3 and Paragraph 5 additional to article 4 as follows: "article 4. The principle of operation of foreign fishing vessel's seafood in Vietnam waters 3. Foreign fishing vessel to only be active in Vietnam waters when there is license to operate Fisheries Agency has the authority to grant the license and use of frequency and wave devices by radio frequency electric Bureau under the Ministry of information and communications (except for fishing vessel transporting aquatic products).

5. foreign fishing vessel operating in the waters of Vietnam Vietnam flag should hang during operation. Vietnam flag to be hung next to the height and with the national flag that flag vessel. "

3. Article 5 is amended as follows: "article 5. Aquatic activities license of foreign fishing vessels 1. Aquatic activity licence (hereinafter referred to as the licence) level for each fishing vessel. A fishing vessel owners can apply for many fishing vessel.

License content according to the form prescribed in annex I attached to Decree No. 32/2010/ND-CP.

2. for fish transport ship fisheries, the term of the license be granted not more than 12 months. For other aquatic activities fishing vessel, the term of the license according to the duration of the project not to exceed 36 months.

3. The licence be renewed not more than two (2) times, every time the grace period not exceeding 12 months. "

4. Article 8 is amended as follows: "article 8. The sequences, procedures, again, to renew the licence 1. Application for license for the first one (01), including: a) the application for a permit for fishing vessel as defined in annex III attached to Decree No. 32/2010/ND-CP;

b) collaborative project about the investigation, exploration of aquatic resources was approved by the Prime Minister (authenticated copy) or cooperative projects on technical training, technology transfer is the Minister of agriculture and rural development approved (certified copy) or project about collectors fishery shipping, was Chairman of the provincial people's Committee, the city approved centrally (authenticated copy).

c) fishing vessel registration certificate (certified copy);

d) certificate of technical fishing vessel safety (certified copy);

DD) By captain, air Minister (copy certified);

e) list, photo and passport number of crews, who worked on the fishing vessel (stating the full name, title, contact address).

2. Application for reissuance of a license (1) the Ministry, including: a) license application according to the form prescribed in annex IV attached to Decree No. 32/2010/ND-CP);

b) license has been issued (for the case of ragged, torn's license);

c) report on the fishing vessel changes (if any), accompanied by the documents specified in points c, d, DD, e, Paragraph 1 of this article;

d) report on changing the registration port or career change activities (if any).

3. Application for renewal of a license (1) the Ministry, including: a) the application to renew the licence according to the form prescribed in Appendix V attached to Decree No. 32/2010/ND-CP;

b) license has been issued (a copy);

c) certificate of technical fishing vessel safety (a copy);

d) situation report of fishing vessel activity in time to be licensed;

DD) diary of exploitation of fisheries, fishing vessel for fisheries exploitation activities, in time to be licensed.

4. organizations and individuals recommend first license, license renewal and reissuing licenses, apply to the General Department of fisheries, Ministry of agriculture and rural development (submitted directly or sent by post).

5. organizations and individuals, suggest or permit a person authorized to receive the results at the General Department of fisheries, Ministry of agriculture and rural development or licensing agency requests sent results by post. "

5. additional Paragraph 5 to article 10 as follows: "article 10. The case of the revocation of license 5. Do not perform, record, report mode the log submission according to the rules. "

6. Article 11 is amended as follows: "article 11. The authority, level, level, renewal of license 1. The General Department of fisheries, Ministry of agriculture and rural development is the competent agency level, level back, renewed, revoked the licenses for foreign fishing vessels operating in the waters of Vietnam.

2. The time limit for implementation of the first level, level back, to renew the licence as follows: a) no time too (5) five working days from the date of receiving the application regulations, for the case of first level;

b) no time too (5) five working days from the date of receiving the application regulations, for the case of re-issuance;

c) less than (3) three business days from the date of receiving the application, the provisions for renewal. "

7. Paragraph 9 Article 13 is amended as follows: "article 13. The responsibility of the foreign fishing vessel 9. Foreign fishing vessels are licensed to operate in Vietnam waters only to be parked train, collecting, receiving or selling seafood products at the port has recorded in the license to operate fisheries. "

8. Replace annex I of Decree No. 32/2010/ND-CP by Annex IV attached to this Decree.

9. Replace annex II of Decree No. 32/2010/ND-CP by Appendix V attached to this Decree.

Article 5. Modify, Supplement, abolish a number of articles of Decree 52/2010/ND-CP on May 17, 2010 by the Government on the import of fishing vessels 1. Article 4 is amended as follows: "article 4. Conditions for fishing vessel imports 1. Legal origin.

2. Is the steel shell ship, the total capacity of the main machine from 400 CV.

3. Age of ships not exceeding eight (8) years old (as in close to the time of import); the main machine of the ship (from year of manufacture to the time of import) not more than two (2) years versus age (for used fishing vessel).

4. fishing vessel register agency Was Vietnam posted check out before putting the train on Vietnam (for used fishing vessel).

This condition does not apply to the case of fishing vessel by Government, organizations, foreign aid to Vietnam. "

2. Annuls Article 5 and article 6.

3. Article 7 is amended as follows: "article 7. The procedures of importing fish ship 1. Organizations and individuals importing fish ship must have imported form (in the form prescribed in annex I attached to Decree No. 52/2010/ND-CP), enclose the profile send a Department of agriculture and rural development, where the Organization Headquarters, offices or individuals importing fish ship proposal has permanent residence. Cases of incomplete records according to the regulation, within a period of one (1) working day, the Department of agriculture and rural development have to notify individual institutions suggest importing fish ship to supplement the record.

2. Within a period of three (3) working days from the date of the application under the regulations, the Department of agriculture and rural development must have comments and move the entire record to the Directorate of fisheries.

3. After five (5) working days from receipt of the prescribed records, General Directorate of fisheries review and has written for importing fish ship (according to the model specified in annex VI attached to this Decree). The case does not allow importing fish ship, out of time (3) three business days from the date of receiving the prescribed records, General Directorate of fisheries must reply in writing and stating the reason.

4. Text allows importing fish ship sent to organizations and individuals apply for importing fish ship, and sent to related agencies: Department of agriculture and rural development, where the owners of fishing vessel register permanent residence, the Department of Defense (The Commander of the border guard), the Ministry of finance, General Department of customs. "

4. Paragraph 4, article 12 is amended as follows: "article 12. Registered fishing vessel imports 4. Certificate of registered fishing vessel within three (3) working days from the date of receiving the application, the agency responsible for fishing vessel registration certificate of registered fishing vessel and fishing vessel registry on Vietnam.

Case records are not enough according to the rules, the registry shall inform the fishing vessel held personal imports, within a period of two (2) working days from receipt of the records to supplement the record. "

5. Article 13 is amended as follows: "article 13. Fishing vessel registration records are not time limits 1. Organizations and individuals filed a (01) record registered fishing vessel in the fishing vessel register, where individual organizations based or registered permanent residence: a) the fishing vessel register declarations according to the form prescribed in annex II attached to Decree No. 52/2010/ND-CP;

b) allows imports of fishing vessel of the competent agency (certificate copies);

c) delete certificate of registration (original) accompanied by Vietnamese translations (certified copy) for used fishing vessel;

d) customs declaration certified completed customs procedures (authenticated copy);

) receipts filed taxes in accordance with the law of Vietnam (certified copy);

e) cameras imported fish boat (2 color photos, size 9 x 12), taken in the direction along the sides of the ship.

2. The record present in the registry, including the fishing vessel: factory records of shipbuilding base for fishing vessel close. "

6. Article 15 is amended as follows: "article 15. The Authority decided to import fishing vessel General Department of fisheries, Ministry of agriculture and rural development is the body competent to decide on the import of fishing vessels ".

7. Article 16 is amended as follows: "article 16. The authority registered fishing vessel imports provincial people's Committee to organize the fishing vessel registration and sign up for the fishing vessel crewing; General, importing fish ship statistics locally, periodic reports on the General Department of fisheries, Ministry of agriculture and rural development. "

Article 6. Terms of implementation 1. The Decree has effect as from November 2012.

2. This Decree abolished the article, following the decree's terms: a) paragraph 1, item 2, Item 3, clause 4 Article 6 and article 7 of Decree No. 59/2005/ND-CP dated April 5, 2005 by the Government on conditions for the production and trading of some fisheries industries;


b) Clause 5 and Clause 6 article 1 of Decree No. 14/2009/ND-CP dated 13 February 2009 the Government's amendments and supplements to some articles of Decree No. 59/2005/ND-CP dated April 5, 2005 by the Government on conditions for the production and trading of some fisheries industries;

c) article 6, article 7 and annex I of Decree No. 33/2010/ND-CP DATED 31 March 2010 the Government managed fisheries activities of the Organization, personal Vietnam on the seas;

d) item 2 article 3, paragraph 3 article 4, article 5, article 8, article 11, paragraph 3 article 13, Appendix I and Appendix II of Decree No. 32/2010/ND-CP dated 30 March 2010 the Government managed fisheries activity of foreign fishing vessels in the waters of Vietnam;

DD) article 4, article 5, article 6, article 7, paragraph 4 Article 12, article 13, article 15 and article 16 of Decree No. 52/2010/ND-CP on May 17, 2010 by the Government on the import of fishing vessels.

Article 7. Responsible for implementation 1. The Ministry of agriculture and rural development, in coordination with the ministries concerned organized implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.





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