The DECREE on the management of the fisheries activities of the foreign fishing vessel in the waters of Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of fisheries on November 26, 2003;
Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance No. 04/2008/UBTVQH12 on 02 April 2008 amending and supplementing some articles of the Ordinance on handling administrative violations of the Standing Committee of the National Assembly;
Considering the recommendation of the Minister of agriculture and rural development, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the conditions, procedures, licensing authority of fisheries activities; the responsibility of the foreign fishing vessel of fisheries activities in the waters of Vietnam; the responsibilities of the State administration for the fisheries activities of foreign fishing vessels in the waters of Vietnam; check, control, handling of administrative violations and complaints, accusations associated aquatic activity of foreign fishing vessels in the waters of Vietnam.
Article 2. For applicants of this Decree apply to foreign fishing vessel owners operate fisheries in the waters of Vietnam and the agencies, organizations and individuals concerned.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the fishing vessel Owner is the owner, who manages the ship or fishing vessel captain.
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 26, 2003 and under the Proposed international treaty between the Socialist Republic of Vietnam and other countries.
3. foreign fishing vessel is fishing vessel carrying foreign nationals operating in the fisheries sector.
Article 4. The principle of fisheries activities of the foreign fishing vessel in the waters of Vietnam 1. The aquatic activity of foreign fishing vessels in the waters of Vietnam on the basis of international cooperation, guarantee the equality, mutual benefit, respect for the independence, sovereignty, the law of each party and international law.
2. the fisheries activities of the foreign fishing vessel in the waters of Vietnam is proper planning, fisheries industry development plan; ensure the safety of the fishing vessel and the people working on the fishing vessel.
3. a foreign fishing vessel of fisheries activities only in Vietnam waters when there are active fisheries licence by the Agency of Vietnam.
4. foreign fishing vessel of fisheries activities in Vietnam waters must comply with the provisions of this Decree and other relevant regulations of Vietnam.
Chapter II conditions, procedures, AUTHORITY, issuance, RENEWAL and REVOCATION of OPERATING LICENSES for FOREIGN FISHING VESSELS FISHERIES article 5. The aquatic activity license of foreign fishing vessels 1. The aquatic activity licence (hereinafter referred to as the licence) level for each fishing vessel. A fishing vessel owners can apply for many fishing vessel.
Content license (form attached to this Decree, annex I).
2. The term of the licence granted 12 months for fisheries exploitation activities, not more than 24 months for other aquatic activities.
3. The licence be renewed not more than 3 times, each time not to exceed 12 months.
Article 6. First license foreign fishing vessel was granted license to operate fisheries when there are enough fishing vessel owners the following conditions: 1. There is one of the papers, the following text: a) the investment license by State administration authorities;
b) collaborative project about the investigation, exploration of fisheries resources, the exploitation of fisheries was approved by the Prime Minister;
c) collaborative project about coaching techniques, aquaculture technology transfer was the Minister of agriculture and rural development;
d) joint project on business purchasing, shipping, fisheries was the Minister of agriculture and Rural Development Committee Chairman or the people of the province, the city approved centrally.
2. fishing vessel registration certificate by the competent authorities of the countries where the fishing vessel carrying the nationality level.
3. The certificate of technical safety of fishing vessel by the competent register of fishing vessels which supply or agency citizenship registry of the Ministry of agriculture and rural development of Vietnam.
4. license to use frequencies and equipment of radio broadcasting by the authorized agency of Vietnam.
5. The patentee, the captain's certificate, the head of the competent authority of Vietnam admitted.
6. The list of crews and people working on the fishing vessel.
7. on the fishing vessel must have at least one person fluent in Vietnamese or English.
Article 7. Refresh and renew the license.
1. foreign fishing vessel was granted the license back when one of the following conditions: a) the license of ragged, torn during use;
b) license is lost;
c) When changing the fishing vessel.
2. foreign fishing vessel is considering to renew the licence when there is enough of the following conditions: a) does not infringe the provisions of the law of Vietnam.
b) investment license is valid or cooperation projects in the field of fisheries.
Content license renewal (form attached to this Decree-Appendix II).
Article 8. The sequences, procedures, again, to renew the licence 1. Application for initial licensing including: a) the licensing application for the fishing vessel (in the form prescribed in this Decree-Appendix III);
b) papers, the text specified in the paragraph 1, 2, 3, 4 and 5 Gives 6 of this Decree (certified copy);
c) list (stating the full name, permanent address, title) and a photo of each of the crews, who worked on the fishing vessel.
2. Application for reissuance of license include: a) permit application (in the form prescribed in this Decree-Appendix IV);
b) license has been issued (for the case of ragged, torn's license);
c loss of license certificate) (stating the reasons for the loss) due to take place at the local government level (for the case of the lost license);
d) report on the fishing vessel changes or career change activities (if any).
3. Application for license renewal include: a) the application to renew the licence (according to form prescribed in this Decree-Appendix V);
b) license has been issued (copies);
c) certificate of technical fishing vessel safety (certified copy);
d) situation report of fishing vessel activity in time to be licensed;
Mining Journal) fisheries (for the ship was granted a license to exploit the fisheries).
4. organizations and individuals, please renew, refresh, renew a licence filing at the Agency are provisions in article 11 of this Decree.
Article 9. The case of void licence 1. Fishing vessel active termination in the waters of Vietnam before the deadline stated in the license.
2. The investment license or contract work is suspended or cancelled.
3. Fishing vessel license revoked.
4. license expiry.
5. the destruction of fishing vessel, sank, missing.
Article 10. The case of the revocation of license 1. The license was erasing, for repair.
2. improper license use with licensed fishing vessel.
3. Fishing vessel using the profession forbidden to exploit fisheries or proper operation with the contents stated in the license.
4. the fishing vessel and the people on the fishing vessel violating the provisions of the law of Vietnam and international organizations which participated in Vietnam.
Article 11. Issued, reissued, renewal, revocation of licences 1. The 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 new level, level back, to renew the licence as follows: a) new cases in less than 10 working days from the date of receipt of a valid application;
b) level back in time not more than 7 business days from the date of receipt of a valid application;
c) cases during the period not to exceed 3 working days from the date of receipt of a valid application.
Chapter III RIGHTS and RESPONSIBILITIES of FOREIGN FISHING VESSEL OWNER article 12. The rights of owners of foreign fishing vessels 1. Enacted the fisheries activities in Vietnam waters according to content recorded in the license.
2. specialized agencies Authorised by the State Vietnam timely notice about the happenings on the weather; be provided information related to the field of fisheries activities and guidance on the provisions of the law of Vietnam when required.
3. The State Vietnam Enacted to protect the rights and legitimate interests in the process of the aquatic activities in Vietnam.
4. Have other rights in accordance with the law of Vietnam.
Article 13. Accountability of foreign fishing vessel owners.
1. To pay the full fee, prescribed fees and insurance supervisors.
2. At least 7 days before you ship the fish to Vietnam, must be notified in writing (fax, email or send the text directly or by post) to the Bureau of fisheries under the Ministry of agriculture and agricultural development in South thônViệt said. When coming to Vietnam to do the prescribed entry procedures.
3. To carry on the fishing vessel these papers (original): a) the aquatic activity licence;
b) fishing vessel registration certificate;
c) certificate of technical fishing vessel safety;
d) licence to use frequency and radio transceiver;
DD) roster crews and Boatmen's passport, who worked on the fishing vessel.
4. mining and logging activity report of fishing vessel as defined below: a) for active fishing vessel investigation, exploration of aquatic resources are reported under the sea voyage;
b) for fishing vessel operations exploit fishery to fishery exploitation logging (according to form prescribed in this Decree-Appendix VI) and reporting under the sea voyage;
c) for fishing vessel activity on technical training, technology transfer must be reported under the sea voyage;
d) for active fishing vessel on the business, purchasing, transport, fisheries and aquaculture are reported under the sea voyage.
The mining journal, reports presented by Vietnamese or English by Captain made sent the Ministry of agriculture and rural development (Directorate of fisheries) since the ship docked after 3 days of Vietnam.
5. the full observance of the provisions of the law of Vietnam and the International Treaty of the procedure that Vietnam signed or joined.
6. The supervisor and
a) and supervisor in the correct location intended and are the Ministry of agriculture and rural development (Directorate of fisheries) approved;
b) ensure working conditions, activities supervisor for Vietnam by standard officers on board fishing; in compliance with the request of the supervisor as defined in article 17 of this Decree.
7. Subject to the test of the control, the control forces in the waters of Vietnam stated in paragraph 1 of this Decree 22 Outside.
8. Incident, accident or danger need help, owner of fishing vessel must play the distress signal as specified and must notify authorities of Vietnam where the closest, at the same time must inform the Ministry of agriculture and rural development (Directorate of fisheries) and local border forces when the train to stay parked in the harbor Vietnam's fishing pier, in any case.
9. foreign fishing vessel harvesting are only allowed to consume products in Vietnam (unless otherwise stated in the export contract cooperative projects have been approved).
Article 14. The responsibility of the foreign fishing vessel when the ship ends operate 1. When a foreign fishing vessel ends and leaving Vietnam waters, fishing vessel owners must fulfill the obligations under the investment license was granted, the project has been approved, the contract was signed (unless a separate agreement contract) and the other relevant regulations of the law of Vietnam.
2. In the case of foreign fishing vessels ceased operations when the license is still in effect, the fishing vessel owner shall report in writing to the licensing authority know at least 7 working days.
Chapter IV FISHING VESSEL SUPERVISOR article 15. Fishing vessel supervisor 1. Implementation of the foreign fishing vessel monitoring in the following areas: a) the exploitation of fisheries;
b) investigation, exploration of fisheries resources;
c) technical training, aquatic technology transfer.
For cases already of seafood research institutions under the Ministry of agriculture and rural development to work on board foreign fish under the project or contract was approved, does not make the election supervisor fishing vessel.
2. fishing vessel supervisor have the following conditions: a) is the servant of the State election Agency;
b) has the experience and mastery of the common law rules on fisheries and areas to be monitored;
c) have full health and good sea capabilities;
d) fluent in English or the native language of foreign ships.
3. election of the supervisor Authority Ministry of agriculture and rural development (Directorate of fisheries) sent 1 to 2 supervisors working on board foreign fish under the provisions of this Article.
Article 16. Responsibility of supervisors 1. Monitoring of operations and compliance with the law of Vietnam and foreign fishing vessel of fisheries activities in the waters of Vietnam.
2. full, timely reports to the Ministry of agriculture and rural development (Directorate of fisheries), the competent authorities information relating to the activities of foreign fishing vessels according to the assigned tasks.
Article 17. Powers of supervisor 1. Have the right to request the officers, crews and people working on ships made strictly Vietnam laws and regulations stated in the license.
2. Have the right to ask the captain put the media on the port or the closest marinas, in case of detection of the foreign fishing vessel and there are serious violations of the law of Vietnam.
3. Be checked, monitoring all activities on the media, including the fish detectors, contact information of the media.
4. Use the equipment for the contact information of foreign fishing vessels to work when needed.
Article 18. Benefits of supervisors 1. Are home boat full insurance in the process of working on monitoring foreign fishing vessel.
2. foreign fishing vessel owners secure working conditions, living on board foreign fish under the standard officer on the fishing vessel.
3. Be entitled to salary, fees, and other modes (if any) prescribed by the law.
4. Enjoy the fostering mode, other remuneration from collaborative partners if there is recorded in the project agreement or cooperation contract.
Chapter V RESPONSIBILITIES of STATE ADMINISTRATION BODIES article 19. The responsibility of the Ministry of agriculture and rural development, Ministry of agriculture and rural development and help the Government managed fisheries activity of foreign fishing vessels on a national scope: 1. Manage the fisheries activities of the foreign fishing vessel in the waters of Vietnam under the provisions of this Decree and the related provisions of the law of Vietnam.
2. reporting the relevant issues and to send a copy of the licence was renewed, reissued or renewed for foreign fishing vessel to the Department of Defense (The Commander of the border guard, the Marine Police Department), the Ministry of public security (Security Bureau), the Ministry of transport (Maritime Bureau), Ministry of finance The Ministry of natural resources and environment and people's committees of provinces and cities under central Government are concerned, to manage the activities of foreign fishing vessel.
3. Inspection, testing, solving complaints, accusations and handle breach laws under the authority and in accordance with the law.
Article 20. The responsibilities of the ministries 1. The Ministry of planning and investment in coordination with the Ministry of agriculture and rural development and the province people's Committee in the evaluation of investment license for investment projects with foreign fishing vessels on the fisheries activities in Vietnam waters.
2. The Ministry of defence, the Ministry of public security, the Ministry of transport, Ministry of natural resources and environment, the Ministry of finance and other ministries according to the functions, tasks and their powers responsibly: a) in collaboration with the Ministry of agriculture and rural development, implementation of State management of fisheries activities of foreign fishing vessels in the waters of Vietnam;
b) inspected, tested, complaints, accusations and processed in violation of the law under the authority of and in accordance with the law.
Article 21. The responsibility of the provincial people's Committee 1. In collaboration with the Ministry of planning and investment, Ministry of agriculture and rural development when assessing the investment license for investment projects with foreign fishing vessels operating in the waters of Vietnam.
2. Approval of projects undertakings in partnership with foreign business acquisition fisheries, aquaculture, shipping on base with suitable planning, development plans and local fishery.
3. Inspection, testing, solving complaints, accusations and handle breach laws under the authority and in accordance with the law.
Chapter VI CHECKING, control, HANDLING of ADMINISTRATIVE VIOLATIONS, complaints, accusations the thing 22. Check, control of fisheries activities of foreign fishing vessels in the waters of Vietnam 1. The test force, control of fisheries activities of foreign fishing vessels in the waters of Vietnam, including: specialized fisheries inspection, the coast guard, border guard, police of waterway transportation, customs and other competent forces.
The test force, control performs the inspection, control of fisheries activities of the foreign fishing vessel in the waters of Vietnam for activities related to their industry, sector manage in accordance with the law of Vietnam; handling of administrative violations under the Authority set forth in the Ordinance on handling administrative violations; at the same time has the responsibility to coordinate with the relevant force in the performance of their duties.
2. While on duty, the forces specified in paragraph 1 of the procedure must wear the dress, insignia, badges, cards specialized inspectors as stipulated by law.
Boat inspection duty, control over the sea to hang the flag of Vietnam, the flag, the specialized signs as prescribed by law.
Article 23. Handling of administrative violations with respect to foreign fishing vessel owners of foreign fishing vessel licence, when conducting fisheries in the waters of Vietnam that have violations of the provisions of the law of Vietnam then sanctioned under the provisions of the Decree of the Government regulation of handling administrative violations in the field of fisheries and other regulations having regard of the law of Vietnam.
When discovered in the case of violation of the procedure prescribed in 10 of this Decree, the competent handling of administrative violations must immediately hold a license, media and timely notice of the Ministry of agriculture and rural development (Directorate of fisheries) known to have decided to withdraw.
Article 24. The procedures of handling administrative violations and enforcement of punishment decisions, apply measures to prevent administrative violations 1. The procedures of handling administrative violations made in accordance with Ordinance on handling administrative violations and legal texts concerned.
2. The application of the preventive measures of administrative violations and ensure the handling of administrative violations, management for foreigners implementation violations prescribed in the Ordinance on handling administrative violations and the Decree of the Government regulation of handling administrative violations in the field of fisheries.
3. In the case of foreign fishing vessel detained for handling administrative violations: a) The custody or force receiving the investigation within 24 hours since the arrests have to report immediately to the Ministry of Foreign Affairs (Consular Department), the Ministry of public security (Security Bureau) and the Ministry of agriculture and rural development (Directorate of fisheries) to coordinate handling , outlined recommendations to sanction offending foreigners deported;
b) shipowner fish must bear all costs related to the preservation of the fishing vessel, the cost of accommodation, repatriation costs and other costs to violators during custody or management in Vietnam.
Article 25. Processed in violation of the authority handling administrative violations in the processing in violation of the authority handling administrative violations with regard to the provisions of this Decree shall follow the provisions in the Ordinance on handling administrative violations in 2002 and Decree detailed guide to this Ordinance.
Article 26. The complaint, report 1. Individuals have the right to complain, report violations of the provisions of this Decree and in accordance with the law on complaints and denunciation.
2. jurisdiction and procedure, the time limit complaints, accusations are made according to the provisions of the law on complaints and denunciation.
Chapter VII ENFORCEMENT of the TERMS of article 27. Effective enforcement of this Decree in force since June 2010 and replaces Decree 191/2004/ND-CP on November 18, 2004 the main phủvềquản of the fisheries operations management of foreign fishing vessels in the waters of Vietnam.
Article 28. The Organization made the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, and city in coastal Central is responsible for the implementation of this Decree.
