The Decree 52/2010/nd-Cp: About Importing Fish Ship

Original Language Title: Nghị định 52/2010/NĐ-CP: Về nhập khẩu tàu cá

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The DECREE About importing fish ship base GOVERNMENT Government Organization Law on 25 December 2001;
Pursuant to the law of fisheries on November 26, 2003;
Considering the recommendation of the Minister of agriculture and rural development, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the conditions and procedure of importing fish ship, fishing vessel registration; the authority of State bodies in the import of fishing vessel, registration fishing vessel imports.
2. This Decree shall apply to the institutions and individuals related to Vietnam imported fishing vessel.
3. This Decree shall not apply to the following cases: a) the fishing vessel repair abroad about Vietnam;
b) foreign fishing vessel be auctioned in Vietnam.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Importing fish ship include the form: buy foreign fishing vessel; receiving fishing vessel of the Government or organization, foreign aid to Vietnam.
2. importing fish Ship is registered in the foreign fishing vessel; includes: the exploitation of fisheries; exploitation of Fisheries Service vessel; control of fishing vessels; ship to investigate, study aquatic resources.
3. used fishing vessel is fishing vessel was registered in foreign countries.
4. close the import new fishing vessel is fishing vessel newbuilding to be in foreign shipbuilding facility, not registered in foreign countries.
5. import native fishing vessel is fishing vessel not to violate the law; have the registration documents, full, clear register (for used fishing vessels); have a profile and resume air and ship the equipment (for new fishing vessel).
6. The contract of importing fish ship (or equivalent agreement text) is a contract to buy foreign fishing vessel.
7. The fishing vessel imports is the personal organizer, Vietnam made the purchase of fishing vessel, fishing vessel or receive government aid or organizations, foreign individuals.
8. ship's main Machine is the machine has a fixed machine, pedestal mounted system of shafts and propellers to propel the ship.
9. Total capacity of ship's main machine is the total capacity of the main machine was installed for the ship.
10. Armed with advanced extraction tools is equipped with machines, equipment for extraction, such as: the system of hydraulic winches, positioning devices, radar, depth gauges, fish detectors, power ... to ensure the exploitation of fisheries, reduce labor, effectively.
11. Equipped to preserve fishery products is equipped with advanced equipment on board to keep fisheries and ensure good quality such as: frozen system, production system, ice, frozen cavity, the cavity through the sea.
Article 3. The principle of importing fish ship 1. Importing fishing vessel must ensure implementation as stipulated in this Decree and the regulations of the relevant law.
2. Fishing vessel imports to proper planning, planned development of fisheries in nationwide and local.
3. Fishing vessel imports to ensure the technical safety conditions for the ship and the people who work on the ship, in accordance with the technical safety standards, the prevention of pollution of the environment in accordance with the law of Vietnam and the international treaties to which Vietnam has signed or joined.
4. Fishing vessel importation, before putting into operation, must make the register, register of ships and fishing boats, seafood exploitation permit under the provisions of the law.
Chapter II CONDITIONS, sequence, PROCEDURE of IMPORTING FISH SHIP article 4. General conditions for fishing vessel imports 1. Legal origin 2. Have the total capacity of the main machine from 400 CV or over (except fishing vessel by Government, organizations, foreign aid to Vietnam not specified total capacity of ship's main machine) 3. With mining tools, equipment maintenance advanced fisheries (for the mining ship and fisheries mining services).
Article 5. The condition of importing used fishing vessels 1. Ensure the conditions specified in article 4 of this Decree.
2. The age of the ship (computer from new year to the importing point): a) not more than 5 years for fishing vessel closed with wooden shell materials.
b) not more than 8 years for fishing vessel close by steel casing material.
3. Main Board (as from year of manufacture to the time of import) not more than 2 years compared with the age of the ship.
4. Be Vietnam fishing vessel register agency check and confirm the technical condition and the equipment for the prevention of pollution of the environment of the fishing vessel.
Case report on the inspection of technical condition due to register foreign agency then must be Vietnam fishing vessel register agency check and confirm match the provisions of the law of Vietnam.
Article 6. The condition of importing fish ship new 1. Ensure the conditions specified in article 4 of this Decree.
2. Full profile: a) profile of shipbuilding base factory;
b) background air ship;
c) curriculum vitae of the equipment installed on the ship.
Article 7. The procedures of importing fish ship 1. The import of fishing vessel must have imported form (Appendix I) attached to the profile, send the competent authority specified in article 15 of this Decree.
2. After 7 working days, based on the development plan of local fisheries and industry, the Agency has the jurisdiction to review and has written for permission to import the fishing vessel.
The case of the profile is invalid or not allowed for import, the competent authority must inform the applicants imported additional records or to answer in writing stating the reason.
3. The text allows import of fishing vessel of the competent agency of the importing, please send it to the relevant authority: Ministry of defence (The Commander of the border guard), the Ministry of finance, General Department of customs.
4. After the imported fish is brought about Vietnam, before commissioning, the owner of fishing vessel must implement the provisions of this Decree and the regulations other related laws.
Article 8. Profile import used fishing vessels record imports of used fishing vessels include: 1. The contract of importing fish ship (original).
2. Report on the evaluation of technical condition and equipment for prevention of environmental pollution of fishing vessel please enter password, due to the fishing vessel register Vietnam agency level (original).
Case report on the inspection of technical condition of ships of foreign registry Agency (original) must be accompanied by Vietnamese translations (notarized).
Article 9. Importing fish ship profile new profile importing fish ship new including: 1. The contract of importing fish ship (original).
2. factory records of ships due to shipbuilding base level (original).
3. your résumé (original).
4. The curriculum vitae of the equipment installed on the ship (original).
Article 10. Importing fish ship profile profile import relief aid fishing vessel include: 1. The text of the authorized agency allows receiving government aid, fishing vessel or of organizations, foreign individuals (original).
2. Profile of the respective ship with ship types are defined in article 8, article 9 of this Decree.
Chapter III REGISTERED FISHING VESSEL IMPORTS article 11. Fishing vessel registration conditions to import 1. Fishing vessel were taken to Vietnam 2. The import has finished the import procedure.
3. The importer has filed taxes in full in accordance with the law of Vietnam (except in the case of a registered fishing vessel temporarily).
4. Fishing vessel has been fishing vessel register agency Vietnam authorities Register Book and the minutes check the technical safety of the relevant provisions of the law of Vietnam.
Article 12. Registered fishing vessel imports 1. The importer must submit the fishing vessel registration records in the fishing vessel register provided for in article 16 of this Decree.
2. no fishing vessel registration deadline: registered fishing vessel is not officially registered and be issued a certificate of registration fishing vessel Vietnam, no time limit provisions (annex III).
3. temporary fishing vessel registration: a) the temporary fishing vessel registration is registration not yet officially and be issued a certificate of registration of temporary fishing vessel of Vietnam according to the prescribed time limit (annex IV);
b) temporary fishing vessel registration is applied in the case of imported fishing vessel brought about Vietnam, but not yet filed enough taxes in accordance with the law of Vietnam;
c) the term of the certificate of registration of a temporary fishing vessel not exceeding 90 days;
d) When official registration, the owner of the ship just supplement the missing records in accordance with the official registration.
4. Certification of fishing vessel registration: within 7 working days from the date of receipt of a valid application, the agency responsible for fishing vessel registration certificate of registered fishing vessel for the import and fishing vessel registry on Vietnam.
Invalid profile case, fishing vessel registry must notify the importer to supplement the record or answer in writing stating the reason.
Article 13. Fishing vessel registration records are not time limits 1. Records are filed in the fishing vessel register: a) fishing vessel registration form (form Appendix II);
b) allows imports of fishing vessel of the competent agency (original);
c) delete certificate of registration (original) accompanied by Vietnamese translations (notarized) for used fishing vessel;
d) customs declaration certified completed customs procedures (certified 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: a fishing vessel) factory records of the shipbuilding facility and ship machine history, biographies of the equipment installed on the ship (original) for new fishing vessel;
b) book published by fishing vessel inspection agency Vietnam fishing vessel register authorities;
c) technical safety certificate by the fishing vessel fishing vessel register agency Vietnam authorities.
Article 14. Fishing vessel registration records temporarily grant application for temporary registration under the provisions of article 13 of this Decree, except point VND account 1.
Chapter IV JURISDICTION DECIDED to IMPORT FISHING VESSEL REGISTRATION and FISHING VESSEL IMPORTS article 15. The Authority decided to import fishing vessel 1. The Ministry of agriculture and rural development decided to import fishing vessel with regard to the following: vessel type a) fishing vessel has a total capacity of main machine from 400 CV above water line length and design from 20 yards or more;
b) fishing vessel of the Organization, Government or foreign aid to Vietnam;

c) fishing vessel of the unit directly under the Ministry of agriculture and rural development and of other ministries;
d) fishing vessel of the venture with foreign countries;
control of Fishing Vessels); ship research, investigation, exploration of aquatic resources.
2. the people's committees of provinces and cities under central decided to import fish boat for fishing vessel types, except in the case specified in clause 1 of this article.
Article 16. Fishing vessel registration authority to import 1. The Ministry of agriculture and rural development: a) implementation registered fishing vessel and crew for the fishing vessel regulations in paragraph 1 article 15 of this Decree.
b) organizes guided fishing vessel registration and national in scope.
2. the people's committees of provinces and cities under central: a) organised the registration of fishing vessel and crew prescribed for the type of vessel specified in clause 2 article 15 of this Decree;
b) General, importing fish ship statistics locally, periodic reports on the Ministry of agriculture and rural development.
Chapter V RESPONSIBILITIES of the STATE AUTHORITIES of IMPORTING FISH SHIP article 17. The responsibility of the Ministry of agriculture and rural development 1. Implement state management functions on the fishing vessel imports, registered fishing vessel imports.
2. Directs professional bodies holding fishing vessel registration, registration, inspection and certification of technical safety for fishing vessel licensing and import exploit fisheries according to the authority.
3. Guide the people's Committee of the central cities, the Organization made the import of fishing vessel, registration fishing vessel imports, registered and licensed to exploit fisheries according to the authority.
4. Inspection, testing, solving complaints, accusations and processed in violation of law in importing fish ship operation under the provisions of the law.
Article 18. The responsibility of the people's Committee of the central cities, 1. Implement state management functions on the fishing vessel fishing vessel registration and import to import within the local management consistent with the overall development planning of fisheries.
2. Directs the specialized agencies organized registration done importing fish ship, boat registration, inspection and certification of technical safety for fishing vessel licensing and import exploit fisheries according to the authority.
3. Directing, guiding the Organization, individuals are active fish fishing vessels comply with the provisions of law, to ensure the safety of persons and ships when in operation.
4. Inspection, testing, solving complaints, accusations and processed in violation of law in importing fish ship operation under the provisions of the law.
Article 19. The responsibilities of the ministries involved the ministries of: national defence, public security, industry and commerce, finance, General Directorate of customs and the ministries involved, according to the functions, duties and powers, in coordination with the Ministry of agriculture and rural development and the people's committees of provinces and cities under central State management implementation on the operation of importing fish ship.
Chapter VI ORGANIZATION of the IMPLEMENTATION of article 20. Effective enforcement of this Decree has effect from 1 August 2010.
Article 21. Responsibility 1. The Minister of agriculture and rural development, in coordination with the ministries concerned and the people's committees of provinces and cities under central 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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