The STATE COUNCIL * * * * * * * * of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness * * * * * * * * number: 18-LCT/HĐNN8 Hanoi on 25 April 1989, the ORDINANCE of the COUNCIL of STATE of 18-LCT/HĐNN8 on 05/05/1989 on the PROTECTION and DEVELOPMENT of AQUATIC RESOURCES fisheries resources is resources extremely valuable , capable of reproducing, has important implications for economic development and people's life.
Protection and development of aquatic resources is the immediate and urgent requirements of long; is the responsibility of the whole people, the levels and the people's armed forces;
Pursuant to article 19, article 36 and article 100 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance regulates the protection and development of aquatic resources.
Chapter 1: GENERAL PROVISIONS article 1 the fisheries resources said in this Ordinance includes all living things have economic value, science, living in the inland waters, territorial sea, contiguous zone, exclusive economic zone, and the continental shelf of Vietnam.
Article 2 the Habitat of aquatic species including the water, the wetlands and the land that the aquatic species that live, here referred to as the region of the country.
Aquatic organisms living in the waters of the jurisdiction and the jurisdiction of Vietnam owned the entire population. Aquatic organisms due to the whole population owned farming or other ownership forms.
State management of fisheries resources and Habitat of aquatic species.
Article 3 The development and protection of fisheries resources is associated with protection of the environment, on the basis of ensuring the fisheries development pace, ensuring immediate and long-lasting life of the fishermen and the economic performance of the whole society.
Article 4 the State system for the management and protection of fisheries resources by developing policies, according to planning and planning, general use propaganda measures, education, engineering, economy, legislation to protect and develop aquatic resources, especially to protect aquatic species have high economic value rare.
State, social organization, collective, private (hereinafter referred to as the Organization) and individuals have the right to exploit the natural fishery resources under the provisions of this Ordinance in the areas of water management by the State.
Depending on the region of the country, the State of affairs for the Organization, individuals using the ever-lasting stable waters, or have limited time to breeding, exploitation of fisheries with the appropriate forms, which aims to protect and develop aquatic resources.
The water is delivered only recovered in the cases prescribed by law. The Council of Ministers Regulation Authority, base and delivery process, recovery of the country.
Article 5 prohibits any acts that cause harm to beneficial resources, Habitat of aquatic species, to the protection and development of aquatic resources.
Article 6 State policies to encourage individual organizations to invest in capital money, labor, materials, application of science and technology advancement, hyperlinks and venture out of the protection and development of aquatic resources, aquaculture, mining, seafood processing; especially for the progress craft, the mines in the waters off-shore.
Article 7 protection and development of aquatic resources is the duty and responsibility of the State bodies, social organizations, economic organization, the people's armed units and all citizens.
The Organization, personal use of water was delivered to aquaculture, exploitation of fisheries is responsible for planning, implementation of measures to protect and develop aquatic resources to actively promote business-production, renewable aquatic resources.
The State guarantees the legal rights of the organization or individual to use the water to aquaculture, exploitation, protection and development of aquatic resources.
Chapter 2: the PROTECTION and DEVELOPMENT of AQUATIC RESOURCES article 8 prohibits the following acts ruined fisheries resources, polluting the environment of aquatic species: 1-Use of toxic, explosive, firearm, crippling power lines or die series, to exploit fisheries resources.
2-discharge, waste, to leak toxic concentrations in excess of the prescribed limit.
3-watershed forests, mangrove forests, the Rocky reefs and coral, the plant's underground parking and other special scene.
4-new building, demolished, changing the work related to the water and Habitat do great harm to aquatic resources.
In the special case must proceed with a or the tasks specified in point 3, point 4 of this must be permitted by the Chairman of the Council of Ministers.
Article 9 Prohibits mining and banned the term extraction in the beach area, the Habitat of aquatic species concentrated periods of childhood, have large additional resources for the area.
The President of the Council of Ministers specifies zone exploitation, prohibition of exploitation and allowing the investigation, exploitation in the exploration area.
Article 10 the Minister fisheries regulated output level, objects and other types of mines in the waters, to assure the natural regeneration of fisheries resources.
Article 11 the Minister of fishery regulations and the means of exploitation must be registered; occupations prohibited or restricted; partitions divide the production on the sea and the moving force of exploitation according to the crop each year.
For the occupations and means of exploitation which The fisheries regulations to register the Organization, individuals when practicing must have license of the authorized State agencies.
Article 12 prohibits the catching, held the aquatic species consumption have high economic value, rare or at risk of extinction in the object to be protected.
The retrieved similar aquatic species as defined in paragraph 1 of this Article to renewable sources or serving requires investigation, scientific research must follow the guidance of the Ministry of fisheries.
Minister of fisheries regulations listing objects that fisheries should be protected, in particular measures to conserve the species fishery.
Article 13 the import of aquatic varieties new to Vietnam and the like, because of the aquatic breeds domesticated the provisions.
The Ministry of fisheries and related sectors responsible for implementation of preventive measures for the disease except for aquatic species.
Article 14 the State encourages organizations and individuals who receive stock, rent, bidding the waters for aquaculture, exploitation, protection and development of aquatic resources by the contract.
Article 15 organizations, individual business-production fisheries benefiting materially by his effort to make out, given the right to transfer, assign, sell the fruits of labor, the value of his investment of effort and responsibility to protect fisheries resources development, tax and other obligations rounded as specified by law.
Chapter 3: management and PROTECTION of FISHERIES RESOURCES DEVELOPMENT article 16 the Council of Ministers of unification of management in the protection and development of aquatic resources.
The Fisheries Ministry organized the study, investigation, exploration of fisheries resources within the country, on the basis of the reasonable use of coordinated force of branches and levels.
Article 17 of the Council of Ministers Regulation of content and review of the planning, the plan to protect and develop aquatic resources on the scale of the country.
The Ministry of fisheries building instructions and general process of Ministerial Council on planning, the plan to protect and develop aquatic resources of all sectors and levels; Organization, direction instructions, planning review, the plan of the unit directly.

The people's Committee of the district, city, centrally organized instruction, and the people's Councils at the same level of planning, review the plan to protect and develop aquatic resources in the local scope.
District people's committees, district level organization of the Guide, and the people's Councils at the same level of planning, review the plan to protect and develop aquatic resources of the people's committees of communes, wards, the Organization of production-business of fisheries affiliated to the districts.
Article 18 the Ministry of fisheries organizations make the State inspectors on the protection and development of aquatic resources within the country; together with the relevant departments to conduct the inspection of key water protection, the regional mining and banned mining leases, special protection areas for aquatic species have high economic value, rare or at risk of extinction.
The President of the Council of Ministers Regulation about the Organization, duties and powers of the State inspectors on the protection and development of aquatic resources; about the responsibility of the relevant sectors.
Article 19 complaints and disputes about the investigation, research, fisheries resources exploration; construction and implementation of the master plan, the plan to protect and develop aquatic resources; about fishing and fisheries resources are resolved according to the following guidelines: 1-the people's committees, districts, and equivalent to resolve complaints and disputes between organizations and individuals together in his district. If it does not agree with the decision of the district people's Committee, the district shall have the right to appeal to the people's Committee of the direct superior. The decision of the people's Committee of the direct superior is the final decision.
2-the people's committees of the province, the city, the district directly resolve complaints and disputes between the County, local district. If it does not agree with the decision of the provincial people's committees shall have the right to appeal to the Ministry of fisheries. The decision of the Minister of fisheries is the final decision.
3-Minister of fisheries to resolve complaints and disputes between the branches of the central or local level between province. If it does not agree with the decision of the Minister of fisheries shall have the right to appeal to the Council of Ministers. Decision of the President of the Council of Ministers is the final decision.
Article 20 complaints and disputes between organizations or between organizations with individuals about the regime of registration, license or revocation of license to practice the fisheries business-production, use of fishing tools, means of exploiting fisheries by the people's committees at the same level with the competent State agencies have licensed to solve. If not agree with that decision then has the right to appeal to the people's Committee of the direct superior. The decision of the people's Committee of the direct superior is the final decision.
The dispute between organizations and individuals related to the implementation of trading securities, hiring, contracting to protect and develop aquatic resources, depending on the nature and content of the contract, be settled in civil court process or economic arbitration.
Disputes about compensation for the Organization, individuals due to violations of the law on the protection and development of aquatic resources cause which does not relate to the contract, by the people's courts settled the civil litigation process.
Article 21 All agencies, organizations, individuals have the right to complain and denounce the behavior of the individual, the Organization violates the provisions of the law to protect and develop aquatic resources with government agency or the fisheries industry.
The Agency must consider, resolve according to Ordinance regulating the review and resolution of complaints of citizens.
Chapter 4: the RELATIONS and INTERNATIONAL COOPERATION in the FIELD of the PROTECTION and DEVELOPMENT of AQUATIC RESOURCES Article 22 the State of the Socialist Republic of Vietnam welcomes and is ready to cooperate closely with other countries and international organizations in the protection of Habitat, migration of fish and other aquatic resources between the relevant parties.
Article 23 the State encourages institutions, foreign individuals to invest in the research, investigation, exploration of aquatic resources, aquaculture, mining, processing, protection and development of aquatic resources under the law on foreign investment in Vietnam.
Based on the principles set forth in this Ordinance, the President of the Council of Ministers issued specific regulations in order to create favorable conditions for Vietnam who settled in foreign investments on water, contributes to the protection and development of aquatic resources.
The international relations, the contract, the written agreement on international cooperation related to fisheries resources must conform to the provisions of this Ordinance, unless the international treaties signed between the Socialist Republic of Vietnam with foreign countries or international organizations have different rules.
Article 24 foreign vessels, operating in the waters of Vietnam must comply with the provisions of the Ordinance on the protection and development of aquatic resources and the law of Vietnam.
Foreign vessels operating in the waters of Vietnam to exploit, research, exploration of fisheries resources must have a license and follow the instructions of the Ministry of fisheries of the Socialist Republic of Vietnam.
Article 25 any dispute related to the protection and development of aquatic resources that one or both parties is held, foreign individuals are addressed in the arbitration agency Vietnam or in other hearing bodies due to the two parties to the agreement.
Chapter 5: REWARDS and SANCTIONS Article 26 All agencies, organizations, individuals directly contribute effort to the protection and development of aquatic resources, prevent acts causing damage to Habitat and fisheries resources, depending on the level of achievement, was rewarded on spiritual and material according to the General rules.
Article 27 People would violate the rules of registration, license to practice, use of fishing tools, means of exploiting illegal fisheries, pollute the environment, fisheries and the Thief caught other provisions of this Ordinance, then mild or severe depending on the extent and nature of the behavior that gets disciplined , administrative sanctions or criminal sanctions under the provisions of the law.
Chapter 6: terms of the IMPLEMENTATION of Article 28 of the previous provisions contrary to this Ordinance are repealed.
Article 29 Council of Ministers detailing the implementation of this Ordinance.
Hanoi, 25 April 1989 vo Chi Cong (signed)