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Decree 69/2005/nd-Cp: About Ensuring Safety For People And Aquatic Activities Fishing

Original Language Title: Nghị định 66/2005/NĐ-CP: Về bảo đảm an toàn cho người và tàu đánh cá hoạt động thuỷ sản

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GOVERNMENT DECREE On the safety for people and aquatic activities fishing vessel 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;
According to the recommendation of the Minister of fisheries, DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, regulations on the safety for people and aquatic activities fishing vessel in the waters and other natural waters of Vietnam, including: the responsibility of the ship, Captain and crew; fishing vessel register, register of ships and fishing boats; the responsibilities of the State administration of safety for people and aquatic activities fishing vessel.
Article 2. The object of applying organizations, individuals and organizations, Vietnam foreign fisheries activities on the waters and other natural waters of Vietnam must comply with the provisions of this Decree and the regulations of the relevant law.
In the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.
Article 3. Explain the term 1. Fishing vessel: owner's organization, individual ownership, management, use of fishing vessel.
2. Captain: is the Commander on board the fish for the type of fishing vessel air has a total capacity of main machine from 20 horsepower and over or no air water line length design from 15 metres or more.
3. fishing vessel: driver is the person who directly controls the fishing vessel for this type of fishing vessel air has a total capacity of main machine under 20 horsepower or no air water line length design under 15 meters.
4. fishing vessel crews: are those in dingbian of the ship, including the captain, the officers and the other titles are arranged to work on ships.
5. The work on the fishing vessel: who is not in the boat Park: Payroll officers on duty, research officer, student internships.
Article 4. The principle of active safety for people and fish boats 1. Ensure safety for people and fishing vessel must be conducted the job: make the provisions ensure a safe fishing vessel engineering right from the ship; build and improve the infrastructure to serve the fishing (fishing port, fishing pier, the anchor in the storm and stay communications system ...); advocacy, dissemination, legal education for fishers and the community.
2. Ensure safety for people and fishing vessel is the responsibility of the fishermen and the agencies, organizations and individuals concerned.
CHAPTER II LIABILITY of the SHIPOWNER, the CAPTAIN and CREW FISHING VESSEL in ENSURING SAFE article 5. For fishing vessel owners 1. Make sure always fishing vessel safety.
2. Well-equipped safety devices, rescue information, individual protection means for people and fishing vessel according to standard rules. The construction and enactment of rules and processes to use the safety equipment on board.
3. Signing labor contracts with the boatmen, who work under the provisions of the law; frequently assumed the number of crews, who worked on the fishing vessel, the sea fishing vessel activity and reporting of fisheries management agencies local residence when required; ready for the fishing vessel go on missions, anti-flooding, hurricanes and the search and rescue operation order of authority.
4. With regard to the vessel harvesting products, fishing vessel owners must buy insurance, boat accident must notify the Agency of fisheries management where the fishing vessel register of the frequency of contact.
5. Urge the captain before leaving the dock to check the status of the vessel, safety of the equipment, and rescue for people and ships, made serious reporting mode when out and into the Harbor, marinas and ensure traffic safety inland waterways, maritime safety.
6. The organization fostered popular professional knowledge, ensure the safety of the crews and the people who work on the fishing vessel.
Article 6. For the captain and who drive the fishing vessel 1. Regular responsibilities: a) popular, guide, and urge people to work on fishing vessel make safety regulations when working on the fishing vessel; the assignment of tasks to individual crews and organized for crews, who worked on board the practice ensures safe;
b) check crews, who worked on the fishing vessel and fishing vessel of the maritime equipment, safety equipment, the fishing vessel's papers and before leaving the dock;
c) reported the activity, the number of crewmembers, who have actual work aboard fishing and present the papers to the competent authorities upon request;
2. Liability in the event of hurricanes, flood: a) urge crews, who worked on board ship directly to fish and ready to ship to respond to hurricanes, floods and support the other fishing vessel when the accident occurred;
b) When storms far: notice for the crews, who worked on the fishing vessel known to simultaneously check the safety equipment and often follow the weather forecast on the radio voice of Vietnam; communicate closely with the coastal information stations and information for other active fishing vessel in the same area;
c) as the storm near: announcements for the crews, who worked on the fishing vessel said, quickly ordered the grid and leave the fishing grounds to the nearest safe place; information for other active fishing vessel in the same area;

d) When there is an emergency storm information: to order for the crews, who worked on the fishing vessel lifebelts personally, put the emergency equipment into position ready to rescue and bring the fishing vessel to the nearest safe place; maneuver the boat and fishing vessel, work on their fishing vessel rescue when discovered and other fishing vessel in distress;
In the case of force majeure, the captain has the right to decide to use urgent measures to promptly take fishing vessel to safety.
DD) when the fishing vessel is in the storm: to directly control and command of his medium; use all the measures and experience to ensure safety for people and fish in the boat. Promptly notify the coastal information radio station and the nearest fishing vessel about the location of his fishing vessel is operating and emergency signals when means of accident; join the rescue when discovered and other fishing vessel in distress;
e) as the storm tan: to report promptly to the owner of the vessel, the local authority of residence or the place where the fish move to the ship on the status and his fishing vessel, and self check safety of fishing vessel operations before returning.
3. Liability in other cases: a) When another fishing vessel spotted the accident to take the ship to support the rescue promptly and notify the nearest coastal radio station information;
b) accepted the dynamic outgoing ships ordered to do search and rescue mission of the authority;
c) when the train crashes must be timely response measures, at the same time inform the nearest coastal information radio station.
Article 7. For crews 1. Crews working on the fishing vessel must have sufficient conditions: a) has enough health standards;
b) have professional certificates or match titles corresponding to the size of the type of fishing vessel under the Fisheries Ministry's regulations;
c) crews working on the type of fishing vessel under regulation must have the certificate of insurance of the boat accident.
2. The responsibilities and rights of the boat Park: a) the observance of the regulations on safety and fishing vessel, comply with the orders of the captain when storm and the other provisions of the law;
b) when the accident happened on the fishing vessel or fishing vessels on the other, must immediately report to the captain;
c) accepted the provisions of the law on employment contracts;
d) have the right to refuse to work on ships if fish fishing vessel which is not eligible to make sure safe.
Article 8. For people working on the fishing vessel 1. People who work on the fishing vessel must have sufficient conditions: a) has enough health standards;
b) Has decided to introduce the paper, working on fishing vessel by the competent authority;
c) Has knowledge of the safety regulations.
2. The responsibilities and rights of the working people: a) the observance of the regulations on safety and fishing vessel;
b the Executive order) as the captain and the other provisions of the law;
c) when the accident happened on the fishing vessel or fishing vessels on the other, must immediately report to the captain;
d) have the right to refuse to work on ships if fish fishing vessel which is not eligible to make sure safe.
Article 9. Ensure safety for fishing vessel 1. Fishing vessel when the operation is done in the regulation: a) has enough safety equipment;
b) have adequate staffing on board with the title;
c) have full papers of the ship and who goes on to ship;
d) only work for the content stated in the licence or registration;
DD) strictly implement safety rules inland waterway transportation, maritime safety.
2. Fishing vessel in an operation only register when the check has been posted, registered fishing vessel, boatmen and the competent authority issued the document according to the rules.
3. With regard to the fishing vessel not required to register, the fishing vessel owners are solely responsible for the technical safety of the fishing vessel.
CHAPTER III FISHING VESSEL REGISTER, REGISTER of SHIPS CREWING and article 10. Fishing vessel register 1. The type of fishing vessel below in an must register a) fishing vessel air has a total capacity of main machine from 20 horsepower and over or no air water line length design from 15 metres or more;
b) fish Friends and other famous structures serving the fisheries activities on the Lake, the River, the sea has a total capacity of 50 m3 or more.
2. The equipment installed on the ship in an have to register: a) The marine safety equipment and life safety;
b) of equipment exploitation of fisheries;
c) equipped requires strict on safety.
Article 11. Fishing vessel register 1. All types of fishing vessels must be registered.
2. only fishing vessel is registered in a registry, where the fishing vessel owner or where the headquarters register permanent residence.
3. The type of fishing vessel here was issued a certificate of registration fishing vessel: a) the fishing vessel air has a total capacity of main machine from 20 horsepower and over or no air water line length design from 15 m or more;
b) fish Friends and other famous structures serving the fisheries activities on the Lake, the River, the sea has a total capacity of 50 m3 or more.
4. other fishing vessel types, except the type of fishing vessel referred to in paragraph 3 of this article, after the registration, the registry on the registry to manage the fishing vessel.
5. fishing vessel registration conditions: a) the fishing vessel legal origin; have text approved new fishing vessel a fixed closing of fisheries management bodies are competent;
b) ensure technical safety in accordance with the law.

6. Fishing vessel is registered again when the transfer of ownership, change the technical features or change the fishing vessel owner, the headquarters moved to the household registration places, other central cities.
7. fishing vessel Owner must declare to delete registered fishing vessel in the case: missing fishing vessel, sank or cancel.
Article 12. Sign crews 1. Crews working on the fishing vessel regulations in paragraph 3 article 11 of this Decree are taken registration mode.
2. Crews work on the type of fishing vessel here must have the shared fishing vessel crews: a) fishing vessel has a total capacity of main machine from 90 horsepower;
b check of Fishing Vessels, ships) to investigate the source, research vessel at sea.
3. Crews on fishing vessels operate in splendid route (near the shore) and off (off-shore) are named roster in the boat.
4. Crews on fishing vessels other than vessels mentioned in clause 2, paragraph 3 of this article, a list of self-made boat ship owners to declare and bring.
Article 13. The responsibility of the individual agencies in the register, register of ships and crews.
1. fishing vessel Owners are responsible for: a) check Post, fishing vessel registration and as prescribed by law;
b) ship the fish to check the correct term's regulations;
c) ensure the maintenance of technical condition, the safety standards of the fishing vessel under the standard rules between the two States examined.
2. fishing vessel register Agency must perform technical safety check fishing vessel according to the rules, industry standards, standards of Vietnam. The head of the Agency and the fishing vessel register directly perform technical safety inspection must take responsibility for the test results.
3. register Agency, registered fishing vessel and crew, according to the authority responsible for the check post, fishing vessel registration and as prescribed by law.
CHAPTER IV RESPONSIBILITIES of the STATE ADMINISTRATION of SAFETY for PEOPLE and AQUATIC ACTIVITIES FISHING VESSEL article 14. The responsibility of the Ministry of fisheries 1. Implement state management functions of ensuring safety for people and fishing vessel operation exploitation of fisheries; the Organization made the fishing vessel register, registration of fishing vessel, registration and licensing of the exploitation of fisheries jurisdiction; the Committee guides the people of the province, the city of centrally organizing the registration, register for the type of fishing vessel and crew according to the authority.
2. The specific provisions of fisheries: a) the Organization, operations, the Agency's jurisdiction to register, register of ships and fishing boats;
b) sequence, procedure test, registered fishing vessel and crew; change the name of the ship; Re-registration and transfer register; delete register; sign the pledge, mortgage liens and maritime fishing vessel;
c) record, the form used in the working papers register, register of ships and fishing boats;
d) license (Windows) technical safety certified fishing vessel; fishing vessel crews book level;
DD) form the sea fishing vessel registration number in the country;
e) standards, the title, the authority, the amount for each type of fishing vessel crews, industry standards that apply to fishing vessel;
g) modes of training, testing and certification with crewing each respective fishing vessel;
h) conditions for safety and fishing vessel for vessels not subject to the check post.
3. In coordination with the ministries, the people's committees of provinces and cities under central organization, directing the operation safety and fishing vessel; Prevention of flooding, rescue and recovery, at the same time contribute to preserving peace on the water.
4. Presiding, in coordination with the ministries concerned the construction and implementation of programs to ensure the safety of people and means of aquatic activities.
Article 15. The responsibilities of the ministries concerned 1. The Department of transport, in coordination with the Ministry of fisheries guidance the work of the maritime safety, the safety of waterway transportation; regular inspection, maintenance, maintenance of the flow ports and buoy system target signal in port waters, the waters of the inland waterways, sea lights ensure the maritime safety; steer the Organization assure the execution of the Vietnam maritime signal storm, tropical depression on the light when there are predictions the storm, tropical depression.
2. The Ministry of defence, in coordination with the National Committee for search, rescue and flood prevention Steering Committee, the Central Organization of the storm guns storm signal in the mouth of the Creek, port, fishing pier, key fishing grounds when there is storm; border force Director, Coast Guard, in cooperation with the public security forces, inspected the protection of fisheries resources and the local government tightly controlled, determined not to man and operate fishing vessel if not have enough safety equipment; timely rescue and fishing vessel in cases of need.
3. Ministry of natural resources and environment, Ministry of culture-information, radio voice of Vietnam, Vietnam television and radio stations and local television are responsible to collect, track and report timely information about Hydrometeorogical concerning fisheries activities.
Article 16. The responsibility of the provincial people's Committee, the central cities

1. Advocacy, educate fishermen and fishing vessel owners to understand the benefits and the importance of providing adequate safety equipment and crewing accident insurance to ensure safety for people and fishing vessel when the fisheries activities; enhancing professional knowledge and training to ensure safe sea for fishermen.
2. Directs the specialized agencies made: registration of fishing vessel registration; testing and certification of safety techniques for fishing vessel under the provisions; license the exploitation of aquatic resources.
3. Organizing, directing the production development, while ensuring safety for people and fish boats, keeping the peace on the region of the country are assigned to management.
4. the timely deployment of the imperative of flood prevention Steering Committee, the Central storm and the National Committee for search and rescue; Master fishing vessel, number of people and areas of operation; timely notification of the situation forecast for people active on the fishing vessel and the water was assigned to manage; organizing the search, rescue, help the fishermen quickly remedial settlement and production.
5. The planning and implementation of construction planning fishing port, fishing pier, mooring areas stay storm for the fishing boat, the information system of local storm report.
Chapter V article 17 ENFORCEMENT TERMS. Effective enforcement of this Decree to replace Decree No. 72/1998/ND-CP dated 15 September 1998 by the Government on ensuring safety for people and vehicles operating on sea fisheries, Decree No. 80/2002/ND-CP dated 15 October 2002 of the Government revising, supplementing a number of articles of Decree No. 72/1998/ND-CP dated 15 September 1998 from the Government and the regulations on registration, register for the fishing vessel specified in Decree No. 87/CP dated 23 August 1997 the Government issuing the registration regulation of the ship and crew.
This Decree takes effect after 15 days from the date The report.
Article 18. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.