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Circular 48/2009/tt-Bnnptnt: Detailing The Implementation Of A Number Of Articles Of Decree No. 33/2010/nd-Cp Dated 31/3/2010 Of The Government On The Management Of Fisheries Exploitation Activities Of The Organization, The Individual Free ...

Original Language Title: Thông tư 48/2010/TT-BNNPTNT: Quy định chi tiết thi hành một số điều của Nghị định số 33/2010/NĐ-CP ngày 31/3/2010 của Chính phủ về quản lý hoạt động khai thác thuỷ sản của tổ chức, cá nhân Việt ...

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Pursuant to Decree No. 01/2008/ND-CP dated 03/01/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

Pursuant to Decree No. 75/2009/ND-CP amending article 3 of the Decree 1/2008/ND-CP of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

Pursuant to Decree No. 33/2010/ND-CP DATED 31 March 2010 the Government managed fisheries exploitation activities of individual organizations, Vietnam on the waters (Decree 33/2010/ND-CP);

The Ministry of agriculture and rural development, detailing the implementation of a number of articles of Decree No. 33/2010/ND-CP DATED as follows: article 1. Scope and objects 1. Scope: this circular detailing the implementation of paragraph 4, article 5; point c, paragraph 1, article 6; paragraph 4, article 8; clause 5, article 9, and paragraph 6 article 12 Decree 33/2010/ND-CP of the Government.

2. Objects: this circular apply to organizations, individual Vietnam related to fisheries exploitation activities on the seas.

Article 2. Detailed rules paragraph 4, article 5 on the mark 1 fishing vessel. Marked regional fishing vessel off: for the mining ship fisheries main machine capacity from 90 CV and over exploitation of fisheries activities in the region off the paint, 2 vertical line in the middle of the sides, paint the ship cabin off the height of the cabin; each paint line with a width of 20-30 cm; the distance of 2 paint line separated by 30-40 cm; paint line's color is yellow-orange (the fishing vessel was not painted in the color of the line coincides with the cabin paint marks).

For ships with no cabin, the paint line on both side 2nd after the registration number of the vessel, registration number 30 cm, height twice the height of the paint marking the registration number; 20-30 cm, width of two son line distance of 30-40 cm and paint line's color is yellow-orange light.

2. Mark the splendid region of fishing vessel: vessel for fisheries exploiting the main machine capacity from 20 to 90 CV CV fisheries mining activity in the region of the magnificent painted vertical line either side of the 1st ship cabin. Paint line with a width of 20-30 cm; most ship cabin height height; paint line's color is yellow-orange (the fishing vessel was not painted in the color of the line coincides with the cabin paint marks).

For ships with no cabin, then paint the sides of the side after the registration number of the vessel, a registration number is 30 cm, height twice the height of the paint marking the registration number; 20-30 cm in width and the color of the paint line is yellow-orange light.

3. With regard to fisheries exploitation vessel air below 20 CV or not air is not marked, but not the paint cabin coincides with the above rules.

4. Mining Bureau and protect the aquatic resources of the Organization are responsible for marking fishing vessel.

Article 3. Detailing the point c, paragraph 1, article 6 on equipment safe for fish and seafood exploitation outside Vietnam waters the vessel goes beyond tapping the waters of Vietnam to the minimum safety equipment for the fishing vessel, and contact information for the active fishing vessel in the sea of over 50 knots as specified in annex 1 attached to the circular 01/2007/TT-BTS on 13/7/2007 guidance of Decree 66/2005/ND-CP dated 19/5/2005 of the Government guarantee the safety of people and the fishing vessel operating on the sea.

Article 4. Article 7 details regulations about the procedure and order papers that relate to the exploitation of fisheries fishing vessel outside the waters of Vietnam and again the following papers when the exploitation of fisheries outside Vietnam waters about 1. The order and procedures of the relevant papers to the fishing vessel go exploit fisheries in waters outside Vietnam.

a fishing vessel Owners) send (1) as defined in clause 1 article 7 of Decree 33/2010/ND-CP to the Directorate of fisheries directly or by post.

b) within a period not exceeding 7 working days from the date of receiving documents, General Directorate of fisheries review appraisal records, and moved the paper as defined in clause 2 article 7 of Decree 33/2010/ND-CP on ship owners through mining Bureau and protect aquatic resources or mining Bureau and protect aquatic resources (according to hierarchy Management) where ship owners register and notify the shipowner said.

If not granted papers according to the regulations, the General Department of fisheries must have text answers and fishing vessel owners stating the reason.

c) When to receive the papers are the Directorate of fisheries, fishing vessel owners to be paid back to the mining Bureau and protect aquatic resources or mining Bureau and protect the aquatic resources of the papers has been granted previously, including:-fishing vessel registration certificate (original);

-Certificate of technical fishing vessel safety (original);

-Fisheries exploitation license (original);

Mining Bureau and protect aquatic resources or mining Bureau and protect aquatic resources is responsible for the receipt (or book) and kept the papers which the shipowner had filed back in (in addition to the papers on the Bureau or the Bureau of mining and protect aquatic resources not required ship owners filed the other papers).

d) forms, relevant papers for the fishing vessel go exploit fisheries in waters outside Vietnam are specified:-Appendix 1: application for license and papers related to mining activities fishing vessel outside the waters of Vietnam seafood;

-Appendix 2: license for the fishing vessel go advantages outside the waters of Vietnam;

-Appendix 3: fishing vessel registration certificate (certificate of nationality);

-Appendix 4: certificate of technical fishing vessel safety;

-Annex 5: list of crews.

2. procedures and procedures for allowing the fishing vessel returned and again the relevant papers for ship operations in Vietnam waters.

a) after the end of the contract the fisheries exploiting cooperation between organizations and individuals, Vietnam with foreign partners, ship owners would like to put the train on the operations in Vietnam waters must submit records of mining Bureau and protect aquatic resources or mining Bureau and protect aquatic resources (according to the fishing vessel management hierarchy). The profile includes the following papers:-Menu suggestions allow fishing vessel returned and again the relevant papers to fishing vessel operations in Vietnam waters (Appendix 6);

-Report on the liquidation of contract mining cooperation in fisheries with foreign partners (original Vietnamese or Vietnamese translation copy notarized);

-The papers was the Directorate of fisheries for fishing vessel go dig out the waters of Vietnam (the case of missing papers have been issued, the owner of the vessel must have the form the reason for the loss, which was the competent authority confirmed. The case takes the papers abroad, the shipowner must seek confirmation of Vietnam's foreign bodies in the country).

b) within a period not exceeding 10 working days from receipt of valid records, mining Bureau and protect aquatic resources or mining Bureau and protect aquatic resources conducted procedures restore operation of the train (in the management hierarchy).

c) where mining Bureau and protect aquatic resources or mining Bureau and protect aquatic resources take the papers keep the certification must then sign the temporary fishing vessel for ship owners, simultaneously announced three times on the mass media about the loss of the aforementioned papers. After 15 days from the time the last message, if there is no dispute, the former fishing vessel registration certificate expired, Bureau of exploitation and protection of aquatic resources or mining Bureau and protect aquatic resources conducted again the papers relating to the ship owners.

Article 5. Detailed regulations clause 4, article 8 on the responsibilities of the Organization, individuals in the Organization, recording, filing, handling the log data exploitation of fisheries and fisheries mining report 1. Fisheries exploitation report a) the shipowner or the captain of the ship had all the mining license of fisheries is responsible for reporting organizations exploit fisheries according to the model in annex 7.

b) Filed reports of exploitation of fisheries: the shipowner or the shipowner's representative must submit reports of exploitation of fisheries each month once on the day before the day of the month following the people's Committee at commune, ward where ship owners register media.

c) the people's Committee of the commune, Ward is responsible for collecting, synthesizing data from reports of exploitation of fisheries and filing reports about departments at district level before the 15th of the following month, then the room-level expertise in the synthesis report of the Department of agriculture and rural development on 20 monthly in advance; The Department of agriculture and rural development, General People's Committee report and the General Department of fisheries according to the model in annex No. 8 before the 25th of every month.

2. Write and submit the log advantages a) Captain is responsible for logging organization exploit fisheries according to the model in annex 9.

b) recording and filing logs of exploitation of fisheries as follows:-for fisheries exploitation vessel has a capacity of main machine from 90 CV over the recording and filing of mining journal fisheries continue to perform as specified.

-For ships exploit fisheries main machine capacity from 20 to 90 CV CV based on the actual local situation the performance recorded and filed log extraction aquatic products at the latest from 1 January 2013.

c) the shipowner or ship's captain filed and received the diary of exploitation of fisheries each quarter into the first week of the quarter after (the first week of April, 7.10 and the following January), location due to mining Bureau and protect aquatic resources (regulations in communes, wards, fishing port, fishing Pier , Frontier ...). The case goes fishing vessel operations on long sea voyages than a 1 you, the owner, filed and received the diary of exploitation of fisheries as soon as the end of sea voyages.

3. Synthesis and processing of the log data advantages a) mining Bureau and protect aquatic resources enter the log data exploitation of fisheries under each quarter and report data on the Department of agriculture and rural development, Directorate of fisheries (through exploitation and protection of aquatic resources) at the latest on the second week of April 7, 10, and the following January.


b) Directorate of fisheries (Department of exploitation and protection of aquatic resources) are responsible for the synthesis, test, tutorial from local reporting; Fisheries information center, Institute of economy and planning (Department of the General Directorate of fisheries), seafood Research Institute is responsible for receiving, processing, database management functions and duties under current rules.

Article 6. Detailing account 6, article 12 of the report the situation registered fishing vessel, fishing vessel register and license the exploitation of fisheries, Department of agriculture and rural development the province data licensing situation advantages according to the form prescribed in annex 10 of this circular. Submit report on the Directorate of fisheries on June 25.

Report on the situation of registered fishing vessel register, follow circular 01/2007/TT-BTS on July 13, 2007 of the Ministry of fisheries (now the Ministry of agriculture and rural development) on the instructions of Decree 66/2005/ND-CP dated 19 May 2005, the Government guarantee the safety of people and the fishing vessel operating on the sea.

Article 7. Implementation 1. Funding made the mark the fishing vessel; printing, processing of the log data and reports of exploitation of fisheries, the unit was tasked with estimating the expense of a career spent in the operation of the unit, added to the cost of the annual activities of the unit.

2. The Directorate of fisheries, the Service, the Bureau and the relevant units of the Ministry of agriculture and rural development; the Department of agriculture and rural development, according to the functions, duties, powers, urging his check made this circular.

3. in the implementation process, if there are problems or obstacles, the bodies, timely reporting unit, proposed to the Ministry of agriculture and rural development (through the Directorate of fisheries) to sum up, the Ministers reviewed and amended and supplemented accordingly.

Article 8. Effective enforcement of this circular are enforceable after 45 days from the date of signing and the replacement circular 63/2009/TT-BNNPTNT on September 25, 2009 by the Ministry of agriculture and rural development guide and implementation Decree No. 123/2006/ND-CP dated 27 October 2006 from the Government on the management of fisheries exploitation activities of the Organization personal, Vietnam on the seas.