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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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Law No.:
18/2017/QH14
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Hanoi, November
21, 2017
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LAW ON FISHERIES
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates Law on Fishery
Chapter I
GENERAL
PROVISIONS
Article 1. Scope
This Law deals with fishery activities; rights and
responsibilities of organizations and individuals involved
in fisheries and state administration of fishery.
Article 2.
Regulated entities
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Article 3.
Definitions
For the purpose of this law, the terms below will
be construed as follows:
1. “fishery activities” means
protection and development of aquatic resources, aquaculture, commercial
fishing; processing, sale, purchase, export and import of aquatic products.
2. “aquatic resources” means
organisms that live in natural water and have economic, scientific, tourism and
entertainment value.
3. “recreation of aquatic
resources” means a process of self-recovery, recovery of and increase in
aquatic resources.
4. “co-management” means a
management method in which the State shares its power and responsibilities with
communities in protection of aquatic resources.
5. “community" means an
organization established by voluntary members who manage and share their
benefits and protect aquatic resources in a certain area. This organization may
be a legal entity or not and shall be recognized and assigned to engage in
co-management by a competent authority.
6. “marine protected area
(MPA)”means a protected area that is established at sea, islands, archipelagos
or in coastal waters to preserve marine biodiversity.
7. “endangered, precious and
rare aquatic species” mean aquatic species that spend majority of or the whole
life cycle living in water, are valuable to economy, science, health, ecology,
scenery and environment; these species have a small population size or are
facing extinction.
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9. “aquatic breed" means
a species of aquatic animals or seaweeds used for breeding in aquaculture,
including animal parents, eggs, sperms, embryos, larvae, body pieces, spores
and offspring.
10. “aquatic purebred"
means an aquatic breed whose heredity and capacity are stable and having the
same genes and phenotypes.
11. “aquatic breed raising”
means raising of aquatic larvae through development stages and finishing when
they become breeders.
12. “testing of aquatic
breeds” means caring, raising and monitoring of aquatic breeds in certain
conditions and periods to determine differences, stability and consistency of
capacity, quality, resistance and harmful effects of the breeds.
13. “assessment of aquatic
breeds” means inspection and re-appraisal of capacity, quality, resistance and
characteristics of the aquatic breeds.
14. “aquatic feed” means a
product providing nutrients and useful components for growth of aquatic
animals, including compound feeds, supplemental substances, fresh feeds and
materials.
15. “product for adjusting
aquaculture environment" means a product used for adjusting physical,
chemical and biological properties of the environment in favor of aquaculture.
16. “testing of aquatic feeds
and products for adjusting aquaculture environment” means a process of
inspection, assessment and determination of characteristics, uses and effects
of aquatic feed and products for adjusting aquaculture environment on the
aquaculture environment and aquatic feed safety.
17. “marine aquaculture
waters” means an area of sea which includes seawater and seabed determined from
the lowest average edge of seawater in multiple years seawards for aquaculture.
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19. "fishing
logistics" means exploration and search for, enticement, transport of
caught aquatic resources in natural water.
20. "commercial fishing
vessels " means watercrafts with engine or not, including
vessel for catching aquatic resources and fishing logistics vessels.
21. “ship of fishery
authority” means a watercraft for carrying out missions during aquatic resource
investigation and assessment; inspecting, patrolling, controlling and supervising
fishery activities.
22. “ship officers” means the
master, chief engineer officer and title holders as prescribed that are
assigned to work on a commercial fishing vessel or a ship of.
23. “crewmembers” means people
who are assigned to work on commercial fishing vessels and ships of fishery
authorities by the shipowner or master other than ship officers.
24. “fishing port” means a
port for commercial fishing vessels, including port land areas and port waters.
25. “land area of fishing
port” mean an area used for building quays, warehouses, workshops, head
offices, service facilities, systems of traffic, communication, electricity and
water and auxiliary works serving the port’s operation
26. “fishing port waters”
means an area of water used for creating waters in front of quays, turning
basins, anchorages, transshipment areas, channels leading to fishing ports and
other auxiliary works.
27. “tracing
of aquatic product” means monitoring and identification of an aquatic product
through each stage of commercial fishing, aquaculture, processing and trading.
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29. “regional fisheries
management organization (RFMO)” means an organization which is responsible for
regulating and taking measures for managing and preserving migratory fishes and
aquatic species in international waters.
Article 4.
Ownership of aquatic resources
Aquatic resources are owned by the entire people
and managed by the State. Organizations and individuals have the right to catch
aquatic resources in accordance with regulations of law.
Article 5.
Principles of fishery activities
1. Fishery activities shall
ensure national defense and security.
2. Commercial fishing shall
depend on reserve of aquatic resources in combination with protection,
recreation and development thereof and shall not exhaust aquatic resources and
affect biodiversity; according to ecosystems and scientific indicators,
carefully approach to ensure sustainable development.
3. Fishery activities shall
adapt to climate change, actively prevent and control natural disasters, ensure
safety for people and means of fishery activities; prevent and control aquatic
epidemics, ensure food safety and environment safety.
4. Organizations and
individuals that enjoy benefits from catching and use of aquatic
resources or are involved in sectors producing direct effects on aquatic resources shall their interests and responsibilities
ensured.
5. Fishery activities shall meet
requirements of international integration and comply with international
treaties to which the Socialist Republic of Vietnam is a signatory.
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1. The State introduces
investment policies on:
a) Research into, investigation, assessment,
protection and recreation of aquatic resources and
recovery of aquatic ecosystem; reservation of original breeds of native and
endemic aquatic species having economic value and endangered, precious and rare
aquatic species;
b) Building class-1 and class-2 fishing ports,
sheltering anchorages, necessary infrastructure of MPAs, infrastructure of
concentrated aquaculture areas and concentrated areas for producing aquatic
breeds;
c) Building a system for monitoring and supervising
activities of commercial fishing vessels at sea; a system of information and
national database on fishery activities; a system for monitoring the
environment and warning about epidemics in aquaculture environment.
2. According to each period
and capacity of the state budget, the State provides assistance in:
a) Developing science and technologies, especially
high, advanced and new technologies applied in generation of aquatic breeds;
manufacture of national aquatic products and key aquatic products; manufacture
of aquatic feed, products for adjusting aquaculture environment and
technologies for processing by-products into food or materials for other
economic sectors.
b) Developing human resources and providing
vocational training in fishery;
c) Co-management in aquatic resource protection;
d) Building a large fishery center;
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e) Developing fishery activities from the from the
inshore route to the outer boundary of Vietnam’s exclusive economic zone; recovering
production in case of environmental incidents, natural disasters and epidemics;
providing assistance for fishermen when they are prohibited from extraction of
aquatic resources or modify their vocations to reduce the coastal commercial
fishing;
g) Building a national brand name, trade promotion
and developing consumer market of aquatic products.
3. The State encourages
domestic and foreign individuals and organizations to invest in activities
prescribed in Clauses 1 and 2 of this Article and the following activities:
a) Organizing production according to value chain and model of association and cooperation;
b) Investing in advanced technologies applied in
processing of aquatic products to improve value added of these products and
reduce post-harvesting loss; building wholesale markets of aquatic products and
promote brand names of aquatic products;
c) Investing in marine aquaculture and organic
aquaculture;
d) Applying the quality management system to
production and business of aquatic products; tracing of
aquatic products.
Article 7.
Prohibited actions in fishery activities
1. Destruction of aquatic resources, aquatic ecosystem, reproductive areas, areas
where offspring live and residence of aquatic species.
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3. Encroachment of or damage to protected zones of
aquatic resource and MPAs.
4. Catching of aquatic
products, aquaculture and construction and other activities that affect the
living environment and aquatic resources in subdivisions
under strict protection and subdivisions of ecological recovery of MPAs.
5. Illegal operation of
commercial fishing vessels and other watercrafts in subdivisions under strict
protection of MPAs except for force majeure.
6. Illegal commercial fishing,
failure to report and comply with regulations of law (hereinafter referred to
as “illegal commercial fishing”); purchase, sale, transport, storage,
preliminary processing and processing of aquatic products originating from
illegal commercial fishing, aquatic products with impurities for commercial
fraud purposes.
7. Use of banned substances or
chemicals, toxins, explosives, electric impulses, electric currents,
destructive methods, means and fishing tackle for extracting aquatic
resources.
8. Use of fishing tackle for
obstructing or causing damage to organizations or individuals that are engaged
in fishing; anchoring or mooring vessels at places where commercial fishing
tackle of organization or individuals that are engaged in fishing are located
or places where other commercial fishing vessels are engaged in fishing, except
for force majeure.
9. Throwing the fishing tackle
in natural waters, except for force majeure.
10. Putting impurities into
aquatic products for commercial frauds.
11. Use of antibiotics, veterinary
drugs and plant protection drugs banned from use in aquaculture; chemicals,
biological preparations and microorganisms banned from use in the production of
aquatic feeds and products for adjusting aquaculture environment; use of
aquatic breeds not included in the list of aquatic species permitted for
trading in Vietnam for aquaculture.
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13. Abuse of inspection,
assessment of aquatic resources to cause damage to
national defense, security, national interests, legal rights and interests of
other organization and individuals; illegal provision and use of information
and data on aquatic resources.
Article 8.
International cooperation in fishery activities
1. Conclusion of and
compliance with international treaties related to fishery activities.
2. Provision of assistance and
investment in resources in fishery activities.
3. Provision of training in
human resources; scientific research, technological development and technology
transfer; exchange of information, trade and experience related to fishery
activities.
4. Conservation and management
of organism resources in international waters in accordance with regulations
issued by regional fishery organizations and United Nations Convention on the
law of the Sea 1982.
5. Cooperation in inspecting
and taking actions against illegal commercial fishing inside and outside the
territory of Vietnam in accordance with regulations of international treaties
to which the Socialist Republic of Vietnam is a signatory.
Article 9.
Fishery national database
1. The fishery national
database shall be established consistently from central
authorities to local authorities, be standardized for update, use and
management thereof using information technology.
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3. The Minister of Agriculture and Rural Development shall prescribe update,
use and management of the fishery national database.
Article 10.
Co-management in aquatic resource protection
1. A community will be
recognized and assigned to management in aquatic resource protection if it
satisfies the following conditions:
a) its members are households and individuals
living and benefiting from aquatic resources in this area;
b) It has submitted application for co-management
in protection of aquatic resource protection in a certain
geographical area which has not been managed by other organizations or
individuals;
c) It has its own plans for protecting and
extracting aquatic resources and operating regulations
2. Power to recognize and
assign management to communities shall be specified as follows:
a) The People’s Committee of
each province has power to recognize and assign management in aquatic
resource protection in areas located in at least 2 districts;
b) The People’s Committee of each district
has power to recognize and assign management in aquatic resource
protection in areas under its management;
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3. Contents of a decision on recognizing and assigning
management to communities includes:
a) Name of the community and its representative;
b) Scope of assigned management;
c) Location and boundary of the assigned
geographical area;
d) Plans for protecting and
extracting aquatic resources and operating regulations of the community.
4. Regulatory
authorities have the following rights and responsibilities:
a) Make decisions on recognizing and assigning management in aquatic resource
protection;
b) Provide assistance for communities involved in
co-management;
c) Inspect and supervise activities of communities;
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dd) Exercise rights and carry out responsibilities
prescribed by law.
5. A community is entitled to:
a) Organize and manage aquaculture, protection and
extraction of aquatic resources, tourism in combination with fishery activities
in areas under its management;
b) Patrol and inspect aquaculture, catching,
protection and development of aquatic resources in areas
under its management; request competent authorities to take actions against
violations;
c) Prevent violations committed in areas under its
management in accordance with regulations of law and its operating regulations;
d) Be consulted about projects and activities
directly related to ecosystem or aquatic resources in the
areas under its management;
dd) Preferential and supporting policies in
accordance with regulations of law;
e) Establish a community fund.
6. A community shall:
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b) Comply with regulations of law on fishery
activities and follow inspections carried out by the competent authority in
accordance with regulations of law;
c) Cooperate with competent authority in
patrolling, inspecting, investigating, preventing and taking actions against
violations committed in the area under its management;
d) Submit reports on its operation to the competent
authority in accordance with regulations of law.
7. A decision on
recognizing and assigning management in aquatic resource protection will
be revoked if:
a) Its contents are erased or changed;
b) The community is dissolved according to its
operating regulations or regulations of law;
c) The community fails to implement the plan for
protecting and extracting aquatic resources or comply with
it operating regulations;
d) The decision is revoked for national defense and
security or public purposes according to a decision issued by the competent
authority;
dd) There are other violations in which the
decision shall be revoked.
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9. The authority recognizing
and assigning management has power to revoke and adjust the decision's
contents.
10. The Government shall
provide detailed guidelines for this Article.
Chapter II
PROTECTION AND
DEVELOPMENT OF AQUATIC RESOURCES
Article 11. The
master plan for protecting and extracting aquatic resources
1. Bases for formulating the
master plan for protecting and extracting aquatic resources include:
a) Strategies for socio-economic development;
national defense and security;
b) Strategies for fishery development;
c) Strategies for sustainable extraction and use of
marine and island resources and environmental safety;
strategies for preserving biodiversity;
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dd) The national marine spatial planning;
e) The master plans and plans for using land;
g) The master plan for environmental
protection; the master plan for preserving biodiversity;
h) Results of investigation into and assessment of
aquatic resources;
i) Reality and demand for extracting and
protecting aquatic resources;
k) Other bases prescribed by regulations of law on
planning.
2. Main contents of the master plan for protecting and extracting aquatic resources
include:
a) Assessment of management, extraction, protection
and development of aquatic resources;
b) Determination of objectives and orientations; formulation
of the master plan for management, extraction, protection and development of aquatic resources;
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d) Zoning for commercial fishing activities;
quantity of commercial fishing vessels of each type of vocation; methods for
managing, protecting and developing aquatic resources;
dd) Measures, programs and plans for implementing
the master plan; resources and implementation of the master plan for protecting
and extracting aquatic resources;
e) Other contents prescribed by regulations of law on planning.
3. The master plan for
protecting and extracting aquatic resources shall be
formulated approved and adjusted as follows:
a) The Ministry of Agriculture and
Rural Development shall take charge and cooperate with Ministries, ministerial agencies and relevant People’s
Committees of provinces in requesting the Prime Minister to approve the
master plan for protecting and extracting aquatic resources;
b) The master plan for protecting and extracting aquatic resources shall be formulated, approved, published,
implemented and adjusted in accordance with regulations of law on planning.
Article12.
Investigation into and assessment of aquatic resources and living environment
of aquatic species
1. Investigation into and
assessment of aquatic resources and living environment of aquatic
species aim to:
a) Provide information, data and scientific bases
for management and sustainable use of aquatic resources;
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2. Investigation into and assessment
of aquatic resources and living environment of aquatic species shall
include the following activities:
a) Overall investigation into and assessment of
aquatic resources and living environment in the whole country carried out every
5 years;
b) Annual inspection and assessment of commercial
fishing;
c) Investigation into and assessment of aquatic
resources and living environment of aquatic species according to each subject.
3. The Ministry
of Agriculture and Rural Development shall:
a) Design and request the Prime Minister to
approval and organize execution of the program for carrying out the overall investigation into and assessment of aquatic resources and
living environment in the whole country every 5 years;
b) Carry out the investigation into and assessment of aquatic resources and living environment
of aquatic species according to each subject;
c) Publish results of investigation into and assessment of aquatic resources and living
environment of aquatic species.
4. The People’s
Committee of each province shall:
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b) Cooperate in investigation into and assessment
of aquatic resources and living environment of aquatic species
in accordance with regulations of Point a Clause 2 of this Article.
5. The Minister of Agriculture and Rural Development shall provide procedures
and guidelines for carry out investigation into and assessment of aquatic
resources and living environment of aquatic species.
Article 13.
Aquatic resource protection
1. Aquatic species and their
living environment, reproductive areas, areas where offspring
live and migration patterns of aquatic species are
entitled to aquatic resource protection.
2. Organizations and
individuals shall:
a) Protect and extract aquatic resources in
accordance with regulations of this Law and other relevant regulations of law;
b) Create migration patterns or corridors for
moving by aquatic species when constructing, changing or demolishing
construction works or carry out other activities related migration patterns of
aquatic species;
c) Leave corridors for moving by aquatic species
when they are engaged in fixed fishery activities in rivers and lagoons;
dd) Comply with this Law and other relevant
regulations of law when carrying out fishery activities or other activities
causing direct effects on living environment, migration patterns and recreation
of aquatic species.
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a) Design and request the Prime Minister to approve
and organize execution of national programs for protecting and developing aquatic resources;
b) Make and request the Prime Minister to issue the
list of endangered, precious and rare aquatic species; criteria on determining,
regulations on managing and protecting and procedures for extracting
endangered, precious and rare aquatic species;
c) Formulate and issue plans and measures for
managing aquatic resources;
d) Organize investigation, collection, conservation
of and survey on original breeds of native and endemic aquatic
species having economic value and endangered, precious and rare aquatic
species;
dd) Publish natural migration
patterns of aquatic species.
4. The Minister of Agriculture and
Rural Development shall specify criteria and issue the list of fisheries
and fishing tackle banned from use in commercial fishing and the list of areas
banned from commercial fishing for a fixed term.
5. The People’s Committee of each
province shall:
a) Specify banned industries, commercial fishing tackle
and areas not included in the lists prescribed in Clause 4 of this Article in
conformity with protection and extraction of aquatic resources in its province
after getting permission from the Ministry of Agriculture and
Rural Development;
b) Formulate and organize the implementation of
plans for protecting and developing aquatic resources in
its province in conformity with the national program for protecting and
developing aquatic resources that has been approved by the
Prime Minister.
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1. Recreation of aquatic resources
and recovery of living environment of aquatic species include the
following activities:
a) Research into and application of science and
technology to recreation of aquatic resources and recovery of
living environment of aquatic species;
b) Releasing endangered,
precious and rare aquatic species; aquatic species having
economic and scientific value, native
aquatic species and endemic aquatic species into
natural waters;
b) Building artificial
habitats for endangered, precious and rare aquatic species;
aquatic species having economic and scientific value, native aquatic species
and endemic aquatic species into natural waters;
d) Managing recovered areas and recreated aquatic
species.
2. The Ministry
of Agriculture and Rural Development shall manage and organize
inspection and supervision of recreation of aquatic resources and
recovery of living environment of aquatic species in the whole country.
3. The People’s Committee of
each province shall organize the recreation
of aquatic resources and recovery of living environment of aquatic species in
its province.
4. Organizations and
individuals are encouraged to recreate aquatic resources and
recover living environment of aquatic species.
Article 15. MPAs
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2. Requirements for nature
reserves and landscape conservation areas shall be established in accordance
with regulations of law on biodiversity.
3. Requirements for a national
park include:
a) Its marine ecosystem is significant to Vietnam
and the world, is special or represents a natural ecoregion.
b) The park is a regular or seasonal natural
habitat of at least an aquatic species included in the list of endangered,
precious and rare aquatic species that are entitled to prior protection or included
in the group of aquatic species banned from extraction of the abovementioned
list;
c) It has special values to science and education;
d) It has environmental landscapes, unique beauty
of nature and ecotourism values.
4. Requirements for a species and
habitat conservation include:
a) A national species and habitat conservation is a regular or seasonal natural habitat of at least one aquatic species included in the list of endangerd, precious and rare
aquatic species that are entitled to prior protection or included in the group
of aquatic species banned from extraction of the
abovementioned list and has special values to science and education;
b) A species and habitat conservation of a province
is a regular or seasonal natural habitat of at least one
endemic aquatic species or native aquatic species that have special values to
science and economy and has special values to ecology and environment.
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1. National MPAs
shall be established in accordance with regulations of law
on biodiversity.
2. The Minister of Agriculture and Rural Development shall prescribed
procedures for planning and appraising projects on establishment of MPAs and
contents of decisions on establishment of MPAs of provinces.
3. Responsibilities for
submitting projects on establishment of national MPAs are specified as follows:
a) The Ministry
of Agriculture and Rural Development shall request the Prime Minister to
issue decisions on establishment of MPAs located in at least 2 provinces or central-affiliated cities;
b) The People’s Committee of
each province shall request the Prime Minister to issue decisions on
establishment of MPAs located in the province after getting written permission
from the Ministry of Agriculture and Rural Development.
4. The Ministry
of Agriculture and Rural Development shall request the Government to
issue regulations on managing MPAs and submit annual reports on management of
marine conservation to the Ministry of Natural Resources and
Environment.
Article 17.
Aquatic resource protected areas
1. An aquatic resource
protected area is a habitat, reproductive area or a place where offspring live regularly or seasonally of at
least one aquatic species included in the list of
endangerd, precious and rare aquatic species, native aquatic species or
transboundary aquatic species.
2. Aquatic resource protected areas
shall be investgated and determined as follows:
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b) The People’s Committee of
each province shall investigate and determine additional aquatic
resource protected areas in the province and submit a report to the Ministry of Agriculture and Rural Development for considering
and making additions to the list of aquatic resource
protected areas.
3. The People’s
Committee of each province shall manage aquatic resource
protected areas in the country.
4. The Minister of Agriculture and Rural Development shall provide guidelines for
managing aquatic resource protected areas.
Article 18.
Management of aquatic resources and aquatic ecosystem in reserve forests and
protection forests
1. The organization managing reserve forests and protection forests shall:
a) Specify contents of management and conservation
of aquatic resources and aquatic ecosystem in the plan for
managing reserve forests and protection
forests;
b) Manage aquatic resources and
aquatic ecosystem in reserve forests and protection forests in
accordance with regulations of this Law and other relevant regulations of law;
c) Assign qualified people to manage aquatic
resources and aquatic ecosystem;
d) Assess condition of aquatic
resources and aquatic ecosystems in reserve forests
and protection forests and conserve aquatic
resources and aquatic ecosystems;
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2. Fishery authorities shall
provide guidelines for and inspect the management of aquatic
resources and aquatic ecosystem in reserve forests and protection areas.
Article 19. Management of
aquatic resources in wetland reserves
1. The authority setting up
projects on establishment of wetland reserves having aquatic
resources shall get written permissions from the Ministry
of Agriculture and Rural Development.
2. The organization managing wetland
reserves shall:
a) Specify contents of conservation of aquatic resources in plans for managing wetland
reserves;
b) Manage aquatic resources and
aquatic ecosystem in wetland reserves in accordance with
regulations of this Law and other relevant regulations of law;
c) Assign qualified people to manage
aquatic resources;
d) Assess condition of aquatic
resources in wetland reserves;
dd) Submit annual or ad hoc reports on management
of aquatic resources to fishery authorities.
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Article 20.
Funding for protection and development of aquatic resources
1. State budget
2. Funds for protection and
development of aquatic resources
3. Community funds
4. Other sources of finance prescribed by regulations of law on planning
Article 21. Fund for
protection and development of aquatic resources
1. Fund for protection and
development of aquatic resources is an off-budget fund, including central funds
and provincial funds used for raising social resources for protection and
development of aquatic resources.
2. Power to establish funds for protection and development of aquatic
resources is specified as follows:
a) The Minister of Ministry of
Agriculture and Rural Development shall decide to establish central
funds;
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3. Operating principles of funds for protection and development of aquatic resources are specified as follows:
a) The funds are non-profit;
b) The funds are used for assisting programs,
projects or non-project activities related to protection and development of aquatic resources that have not been funded by the state budget
or have not satisfied investment requirements;
c) The funds are used transparently
and effectively for proper purposes and in accordance with regulations of law.
4. Sources of finance used for
establishing funds for protection and
development of aquatic resources include:
a) Voluntary contributions by organizations and
individuals causing effects on aquatic resources, living environment, reproductive areas, areas where offspring live and
migration patterns of aquatic species.
b) Money from sponsor, charity and trustee by
domestic and foreign organizations and individuals;
c) Other sources of finance
prescribed by law.
5. The Government shall
prescribe functions, duties, organizational structure; operation, management
and use of funds for protection and development of aquatic
resources.
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1. Community fund is a fund
established for providing assistance in protecting and developing aquatic resources. The State encourages organizations and
individuals to establish community funds.
2. Community funds shall be
granted by funds for protection and development of aquatic
resources and other legal sources of finance.
3. Community funds shall be
organized and operated in accordance with regulations of law on funds
Chapter III
AQUACULTURE
Section 1. AQUATIC
BREEDS
Article 23. Management of
aquatic breeds
1. An aquatic breed shall
satisfy the following requirements after being launched:
a) The breed is included in the list of aquatic
species allowed to be traded in Vietnam;
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c) Its quality is conformable with applied
standards;
d) It has undergone quarantine
in accordance with regulations of law.
2. The Minister
of Agriculture and Rural Development shall:
a) Issue national technical
regulations on aquatic breeds; regulations on useful life of parent
aquatic breeds and request the Government to issue the list of aquatic species
allowed to be traded in Vietnam;
b) Provide instructions on inspecting conditions of
establishments manufacturing and raising aquatic breeds; quality of produced,
imported and exported aquatic breeds prescribed in this Law and law on quality
of goods and products; procedures for applying technical methods for dealing
with violations of quality of aquatic breeds and provide instructions on
updating information about aquatic breeds.
Article 24.
Conditions of producers and raisers of aquatic breeds
1. A producer of aquatic breed
will be issued with the certificate of eligibility if it satisfies the
following conditions:
a) Facilities for production are conformable with
aquatic species; there are isolation wards for monitoring the health of
new-come aquatic species;
b) There are technicians who are trained in
aquaculture, aquatic pathology or biology;
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d) In case of production of parent aquatic breeds,
the producer shall have aquatic purebreds or aquatic breeds that have been recognized
through testing or results of science and technology missions that have been
recognized or approved by competent authorities.
2. Raisers of aquatic breeds
will be issued with certificates of eligibility if they satisfy all conditions
prescribed in Points a, b and c Clause 1 of this Article.
Article 25.
Issuance, reissuance and revocation of certificates of eligibility for
producing or raising aquatic breeds
1. Power to issue, reissue and
revoke certificates of eligibility for producing or raising aquatic
breeds shall be specified as follows:
a) The Ministry of Agriculture and
Rural Development has power to issue, reissue and revoke certificates
of eligibility for producing or raising parent aquatic
breeds;
b) The People’s Committee of
each province has power to issue, reissue and revoke certificates
of eligibility for producing or raising aquatic breeds in the province,
except for the cases prescribed in Point a of this Clause.
2. Authorities issuing
certificates of eligibility for producing or raising aquatic breeds shall
inspect the maintenance of eligibility.
3. A certificate
of eligibility for producing or raising aquatic breeds will be reissued
if:
a) It is lost or damaged; or
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4. A certificate of eligibility for
producing or raising aquatic breeds will be revoked if:
a) Its contents are erased or
changed;
b) The applicant fails to satisfy the conditions
prescribed in Article 24 of this Law;
c) There are other violations in
which the certificate shall be revoked.
5. The Government provide
detailed guidelines for conditions, the time when inspection of eligibility
maintenance is carried out; Contents of and procedures for issuance,
reissuance and revocation of certificates of eligibility for producing or
raising aquatic breeds.
Article 26.
Rights and responsibilities of producers and raisers of aquatic breeds
1. A producer or raiser of aquatic breeds is entitled to:
a) Produce or raise aquatic breed in accordance
with the certificate of eligibility for producing or raising
aquatic breeds.
b) Receive training in regulations on aquatic
breeds;
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d) Make complaints,
denunciations and receive compensations in accordance with
regulations of law.
2. A producer or raiser of aquatic
breeds shall:
a) Make declaration of conformity in accordance
with regulations of law on standards, technical regulations and law on quality
of goods and products; ensure and take responsibility for quality of aquatic
breeds having declaration of conformity;
b) Apply the quality
management system to ensure quality of products prescribed in the applied
standards;
c) Produce aquatic species included in the list of
aquatic species allowed to be traded in Vietnam; ensure biosafety during the
production or raising of aquatic species;
c) Label aquatic
breeds in accordance with regulations of law on labels;
dd) Update information and submit reports during
the production and raising of aquatic breeds to national database on fishery in
accordance with regulations of law;
e) Keep a log and retain documents during the
production and raising of aquatic resources for traceability;
g) Comply with inspection by
competent authorities in accordance with regulations of law;
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Article 27.
Import and export of aquatic breeds
1. Imported aquatic breeds
shall have their quality inspected in accordance with regulations
of law.
2. Organizations and
individuals are allowed to import aquatic breeds included in the list of
aquatic species allowed to be traded in Vietnam. The import of aquatic breeds
that are not included in the abovementioned list for testing, scientific
research, display and exhibition shall be licensed by the Ministry
of Agriculture and Rural Development.
3. An organization or
individual is allowed to export aquatic breeds if:
a) The breed is not included in the list of aquatic
species banned from export;
b) The breeds satisfy the
conditions prescribed in the list of exported aquatic species requiring certain conditions;
c) Export of aquatic breeds included in the list of
aquatic breeds banned from export or aquatic breeds failing to satisfy the
conditions prescribed in the list of aquatic species requiring certain
conditions for scientific research and international cooperation shall be
licensed by the Ministry of Agriculture and Rural Development according
to the Prime Minister’s approval.
4. The Ministry
of Agriculture and Rural Development will consider inspecting systems
for managing and producing aquatic breeds in the exporting country in
accordance with regulations of Vietnam law and international treaties to which
the Socialist Republic of Vietnam is a signatory if:
a) The assessment is made for mutual recognition;
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5. The Government shall provide detailed
guidelines for this Article.
Article 28.
Testing of aquatic breeds
1. Testing of an aquatic breed will be carried out if:
a) The breed is created domestically for the first
time through artificial selection, hybridization or other technical methods
other than aquatic species created from results of science and technology
missions that have been recognized or approved by competent
authorities;
b) The breed imported for production or trading is
not included in the list of aquatic species allowed to be traded in Vietnam.
2. Organizations carrying out
testing of aquatic species (hereinafter referred to as “testing organization”)
shall satisfy the following requirements:
a) At least 2 technicians have
bachelor degree or higher decree in aquaculture, aquatic
pathology or biology;
b) Facilities and equipment for
production are conformable with the aquatic species
subject to testing;
c) The organization satisfies requirements for
biosafety and environmental safety.
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a) It may be involved in testing of aquatic species in accordance with regulations of law.
b) It may have its testing costs paid according to
agreement with organizations and individuals in need of testing;
c) It may refuse to provide information related to
testing results for the third party unless it is requested by competent
authority;
d) It shall take responsibility for testing
results;
c) It shall ensure biosafety and environmental safety during the testing;
e) Comply with inspection by
competent authorities in accordance with regulations of law;
4. The Government shall
provide detailed guidelines for Clause 2 of this Article, naming aquatic breeds
and procedures for testing of aquatic breeds.
Article 29.
Assessment of aquatic breeds
1. An aquatic
breed shall be assessed:
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b) At the request of organizations and individuals
in case of complaints or denunciation.
2. The Ministry of Agriculture and
Rural Development shall publish testing organizations eligible for
assessing aquatic breeds.
3. An assessing
organization has the following rights and responsibilities:
a) It may assess
aquatic species in accordance with regulations of law.
b) It may be paid for assessment in accordance with
regulations of law;
c) It may refuse to provide
information related to assessment results for the third
party unless it is requested by competent authority;
d) It shall take responsibility for assessment
results;
dd) It shall ensure biosafety and
environmental safety during the assessment of aquatic breeds.
Article 30.
Labels of and documents on transporting aquatic breeds
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2. Transporters of aquatic
species shall have documents on quality and quarantine of aquatic species in
accordance with regulations of law.
Section 2. AQUATIC
FEEDS AND PRODUCTS FOR ADJUSTING AQUACULTURE ENVIRONMENT
Article 31. Management of
aquatic feeds and products for adjusting aquaculture environment
1. Aquatic feeds
and products for adjusting aquaculture environment shall satisfy the
following requirements before being launched:
a) They have declaration of
conformity in accordance with regulations of law;
b) Their quality
is conformable with applied standards;
c) Their information has been sent to the Ministry of Agriculture and Rural Development in accordance with
regulations of law.
2. The Minister of Agriculture and
Rural Development shall:
a) Issue national technical regulations on aquatic feeds and products for adjusting aquaculture environment;
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c) Issue the list of chemicals, biological
preparations, microorganisms and materials for manufacturing aquatic feeds
allowed to be used in aquaculture in Vietnam based on testing results or
results of science and technology missions that have been recognized or
approved by the competent authorities or results of review, investigation and
realistic assessment;
d) Provide instructions on inspecting
conditions of producers, traders and importers of aquatic feeds and products for adjusting aquaculture environment; quality of produced, imported and exported aquatic feeds and products for adjusting aquaculture environment prescribed in this Law and law on quality of goods and products;
procedures for applying technical methods for dealing with violations of
quality of aquatic feeds and products for adjusting aquaculture
environment;
dd) Provide detailed guidelines for Point c Clause
1 of this Article; prescribe naming and allowable errors in analysis of quality
of and technical criteria on aquatic feeds and products for adjusting
aquaculture environment that shall have declaration of standard conformity
Article 32.
Conditions for producers of aquatic feeds and products for adjusting
aquaculture environment
1. A producer of aquatic feeds and products
for adjusting aquaculture environment will be issued with the certificate of
eligibility if it satisfies the following conditions:
a) Place of production is located in an area not
polluted by hazardous wastes and toxic chemicals;
b) The producer’s factory is encompassed by walls
or fences for separation from outside;
c) Workshops and equipment are suitable for each
type of products;
d) The producer is eligible for analyzing quality
of products during the production;
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e) There are technicians who are
trained in aquaculture, aquatic pathology, biology,
chemistry or food technology;
1. The Government shall provide
detailed guidelines for this Article.
Article 33.
Conditions for traders and importer of aquatic feeds and products for adjusting
aquaculture environment
A trader or importer of aquatic feeds
and products for adjusting aquaculture environment shall satisfy the
following conditions:
1. Place of sale and place of
maintenance are separated from pesticides, fertilizers and toxic chemicals;
2. There is equipment for
maintaining aquatic feeds and products for adjusting aquaculture
environment according to instructions provided by their producers or
providers.
Article 34. Issuance,
reissuance and revocation of certificates of eligibility for producing aquatic
feeds and products for adjusting aquaculture environment
1. Power to issue, reissue and
revoke certificates of eligibility for producing aquatic feeds
and products for adjusting aquaculture environment shall be specified as
follows:
a) The Ministry of Agriculture and
Rural Development has power to issue, reissue and revoke certificates
of eligibility for producing aquatic feeds and products for adjusting aquaculture
environment of foreign investors and foreign invested business
entities;
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2. Authorities issuing certificates
of eligibility for producing aquatic feeds and products for adjusting
aquaculture environment shall inspect the maintenance of eligibility
.
3. The certificate
of eligibility for producing aquatic feeds and products for adjusting
aquaculture environment will be reissued if:
a) It is lost or damaged; or
b) The producer’s
information specified in the certificate is changed.
4. The certificate of eligibility for
producing aquatic feeds and products for adjusting aquaculture environment will
be revoked if:
a) Its contents are erased or
changed;
b) The producer fails
to satisfy the conditions prescribed in Clause 1 Article 32 of this Law;
c) There are other violations in
which the certificate shall be revoked.
5. The Government shall provide detailed guidelines for conditions of producers and
importers of aquatic feeds and products for adjusting aquaculture environment;
contents and time of inspection of maintenance; contents of and
procedures for issuance, reissuance and revocation of certificates of
eligibility for producing aquatic feeds and products for adjusting
aquaculture environment.
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1. Aquatic feeds and products
for adjusting aquaculture environment shall be undergone testing if they
contain chemicals, biological preparations,
microorganisms and materials not included in the lists prescribed in Points
b and c Clause 2 Article 31 of this Law.
2. An organization carrying
out testing of aquatic feeds and products for adjusting
aquaculture environment shall satisfy the following conditions:
a) At least 2 technicians have
bachelor degrees or higher decrees in
aquaculture, aquatic pathology or biology;
b) There are facilities serving the testing
of aquatic feeds and products for adjusting aquaculture environment;
c) The organization satisfies
requirements for biosafety and environmental safety.
3. Testing of aquatic feeds and
products for adjusting aquaculture environment shall include the
following activities:
a) Analysis of components and quality of products;
b) Analysis of characteristics and uses of
products;
c) Analysis of toxicity and safety of the products
to raised aquatic species, environment and users;
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4. The organization
carrying out testing of aquatic feeds and products for adjusting aquaculture
environment has the following rights and responsibilities:
a) It may carry out testing of aquatic feeds and products for adjusting aquaculture
environment in accordance with regulations of law.
b) It may be paid for testing
activities in accordance with regulations of law;
c) It may refuse to provide
information related to testing results for the third party unless it is
requested by competent authority;
d) It shall take responsibility for
testing results;
dd) It shall ensure biosafety and environmental
safety during the testing;
e) It shall comply
with inspection by competent authorities in accordance with regulations of law;
5. The People’s
Committee of each province shall carry out testing in the province.
6. The Government shall
provide detailed guidelines for Clauses 2 and 3 of this Article and prescribe
procedures for testing of aquatic feeds and products for
adjusting aquaculture environment.
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1. Quality of imported quatic feeds and products for adjusting aquaculture environment
shall be inspected.
2. Organizations and
individuals may import quatic feeds and products for adjusting
aquculture environment containing chemicals, biological
preparations, microorganisms and materials of aquatic feeds included in the list of chemicals, biological
preparations, microorganisms and materials of aquatic feeds allowed to
be used in aquaculture in Vietnam. Import of quatic feeds and
products for adjusting aquculture environment containing chemicals,
biological preparations, microorganisms and materials of aquatic feeds included in the lists prescribed in Points b and c Clause 2
Article 31 of this Law for testing, scientific research, display in fairs and exhibitions
shall be licensed by the Ministry of Agriculture and Rural
Development.
3. Exported quatic
feeds and products for adjusting aquaculture environment shall satisfy
the requirements prescribed in law of the exporting country and Vietnam law.
4. The Ministry of Agriculture and
Rural Development will consider inspecting systems for managing and producing aquatic
feeds and products for adjusting aquaculture environment in the
exporting country in accordance with regulations of Vietnam law and international
treaties to which the Socialist Republic of Vietnam is a signatory if:
a) The assessment is made for mutual
recognition;
b) There are risks of food quality, food safety, epidemic or environmental issues caused by products imported to Vietnam.
5. The Government shall provide
detailed guidelines for this Article.
Article 37.
Responsibilities of producers, traders, importers and users of aquatic feeds
and products for adjusting aquaculture environment
1. A producer of
aquatic feeds and products for adjusting aquaculture environment shall:
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b) Make declarations of conformity in accordance with regulations of law.
c) Label products in
accordance with regulations of law on labeling; keep a log and
retain documents during the production for traceability;
d) Take legal responsibility for quality of its
products; handle, recall or destroy products whose quality fails to satisfy
requirements prescribed by law and pay compensations for damages to sellers and
aquaculture farmers;
dd) Send information on its
products to the Ministry of Agriculture and Rural Development in
accordance with regulations of law before they are launched;
e) Comply with
inspection by competent authorities in accordance with regulations of law;
2. A trader or importer of aquatic feeds and products for adjusting aquaculture environment
shall:
a) Inspect origins, useful life and intactness of
products, standard conformity marking and technical-regulation
conformity marking (if any);
b) Take measures for maintaining quality of
products according to instructions given by their producers;
c) Send information on the products imported for the first time to the
Ministry of Agriculture and Rural Development in accordance with regulations of
law before they are launched and make a declaration of standard
conformity.
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3. A user of
aquatic feeds and products for adjusting aquaculture environment shall:
a) Comply with regulations of law and instructions
given by providers and producers related to transport, storage, maintenance and
use of products;
b) Comply with inspections of quality
of products carried out by fishery authorities; destroy aquatic feeds
and products for adjusting aquaculture environment and raised aquatic species
that fail to ensure food quality and safety in accordance with regulations of
law.
Section 3.
AQUACULTURE
Article 38.
Conditions for organizations and individuals engaged in aquaculture
1. An organization or
individual engaged in aquaculture shall satisfy the following
requirements:
a) Place of aquaculture shall comply with
regulations on using land and marine aquaculture waters in accordance with
regulations of law;
b) Facilities are conformable with aquatic
species and raising methods;
c) Regulations of law on environment safety,
veterinary medicines and occupational safety are complied;
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dd) Cage culture and main aquatic species are
registered.
2. Organizations and
individuals raising aquatic species for ornamental purposes, entertainment,
fine arts and cosmetics shall comply with regulations in Points a, b, c and dd
Clause 1 of this Article.
3. Organizations and
individuals engaged in mariculture shall formulate mariculture projects and be
licensed by competent authorities, except for the individuals prescribed in
Point a Clause 2 Article 44 of this Article.
4. The Prime Minister shall specify
main aquatic species.
5. The Government shall provide
detailed guidelines for conditions of organizations and individuals
engaged in aquaculture; power, contents of and procedures for
issuance of certificates of eligibility for aquaculture;
power, contents of and procedures for registration of cage culture and main
aquatic species; contents of and procedures for issuing licenses for
mariculture activities.
Article 39.
Power to issue licenses for mariculture
1. The People’s
Committee of each province has power to issue licenses for mariculture
to Vietnamese organizations and individuals within the waters extending 6
nautical miles from the lowest average edge of seawater in multiple years.
2. The Ministry
of Agriculture and Rural Development has power to issue licenses for
mariculture to Vietnamese organizations and individuals in waters with a
distance of 6 nautical miles from the lowest average edge of seawater, border
waters between provinces or central-affiliated cities and
waters located in both outside and inside the waters extending 6 nautical miles
from the lowest average edge of seawater in multiple years
3. The Government shall
prescribe the issuance of licenses for mariculture to foreign investors and
foreign invested business entities in accordance with
regulations in Clause 1 Article 44 of this Article.
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1. Organizations and
individuals are allowed to breed, raise or carry out artificial
propagation of aquatic species prescribed in Appendices of Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES)
and endangered, precious and rare aquatic species in
accordance with regulations of CITES and Vietnam law.
2. Fishery authorities of
provinces shall manage and trace origins of aquatic species
prescribed in Appendices of CITES and endangered, precious
and rare aquatic species originating from aquaculture or nature.
3. The Government shall
prescribe procedures for tracing origins of aquatic species prescribed in
Clause 2 of this Article; conditions and power of and procedures for issuance
of certificate of eligibility for breeding, raising and artificial
propagation of aquatic species prescribed in Appendices of
CITES and endangered, precious and rare aquatic species
Article 41.
Environmental monitoring and warning and epidemic prevention in aquaculture
Article 42.
Rights and responsibilities organizations and individuals engaged in
aquaculture
1. Organizations
and individuals engaged in aquaculture
are entitled to:
a) Be issued with the land use right certificates
by the competent authorities in case of allocation or lease of land for
aquaculture in accordance with regulations in Article 43 of this Law or
decisions on allocating the right to use marine aquaculture waters in
accordance with regulations in Article 44 of this Law;
b) Have their legal rights and interests protected
from infringement committed by other organizations and individuals by the State
during the aquaculture; receive compensations when the State expropriates
land or marine waters for public, national defense and security purposes in the
term of land or marine water allocation in accordance with regulations of law;
c) Receive notifications of environment and
epidemics in aquaculture area and instructions on aquaculture techniques and
information on market of aquatic products;
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dd) Be issued with certificates of eligibility for
aquaculture by competent authorities if required.
2. Organization and individuals engaged in aquaculture shall:
a) Use allocated land and waters for proper
purposes and not beyond the prescribed boundary for aquaculture and protect
common works for aquaculture;
b) Fulfill financial obligations to use land and marine
aquaculture waters in accordance with regulations of law;
c) Monitor and supervise
criteria on aquaculture environment in
accordance with regulations of law;
d) Comply with regulations on prevention of natural
disasters; ensure safety of people and property during the aquaculture; comply
with regulations on food safety, biosafety and environmental
safety;
dd) Use equipment, aquatic breeds, aquatic feeds,
veterinary medicines for aquatic species and products for
adjusting aquaculture environment in accordance with regulations of law;
e) Retain documents on aquatic breeds, veterinary
medicines for aquatic species and products for adjusting
aquaculture environment that are used during the aquaculture and other
documents on the process of aquaculture to ensure traceability;
g) Take legal responsibility for aquaculture
activities, food quality and safety of their aquatic products; be under
inspection and supervision by competent authorities during the aquaculture;
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i) Return land and marine aquaculture waters when
being issued with decisions on land allocation in accordance with regulations
of law.
Section 4. ALLOCATION,
LEASE AND EXPROPRIATION OF LAND AND MARINE AQUACULTURE WATERS
Article 43. Land allocation,
lease and expropriation for aquaculture
Land shall be allocated, leased or expropriated for
aquaculture in accordance with regulations of law on land.
Article 44. Allocation of
marine aquaculture waters
1. Marine waters shall be
allocated for aquaculture according to the national marine
spatial planning, planning of provinces and regulations of law on sea and
ensure national defense and security.
2. Power to allocate marine waters without levy for aquaculture
is specified as follows:
a) The People’s Committee of
each district has power to allocate marine waters to Vietnamese individuals who
shall modify from inshore commercial fishing to aquaculture according
to decisions issued by competent authorities or the individuals permanently
reside in the district, have their major incomes earned from aquaculture
and are certified by People’s Committees of the communes
where they reside. The People’s Committee of each district has power to
allocate marine waters under its management extending 3 nautical miles from the
lowest average edge of seawater in multiple years;
b) The People’s Committee of
each province has power to allocate marine waters to Vietnamese organizations
and individuals that carry out science and technology missions for aquaculture
approved by competent authorities. The People’s Committee of each
province has power to allocate marine waters under
its management extending 6 nautical miles
from the lowest average edge of seawarter in multiple years;
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3. Power to allocate marine waters
with levy for aquaculture is specified as follows:
a) The People’s Committee of
each province has power to allocate marine waters in the case prescribed in
Clause 1 Article 39 of this Law;
b) The Ministry of Natural Resources
and Environment has power to allocate marine waters in the
cases prescribed in Clauses 2 and 3
Article 39 of this Law;
4. Period of allocation of
marine aquaculture waters shall not exceed 30 years from the day on which the
decision on allocating marine waters comes into force. When the abovementioned
period expires, the State considers extending the allocation of marine waters
for organizations or individuals wishing to continue using allocated marine
waters. The allocation period may be extended more than once but total
extension period shall not exceed 20 years. Period of allocation of marine
waters for science and technology missions shall not
exceed the period of these missions approved by competent authorities.
5. A decision on allocating
marine aquaculture waters will be adjusted if:
a) Information on the organization or individual
receiving marine aquaculture waters is changed;
b) Changes in contents of applications, science and
technology missions or aquaculture projects cause changes
in contents of the decision on allocating marine aquaculture waters.
6. The Government shall
provide guidelines for allocation, extension, limit of and levies on marine
waters and amendment to decisions on allocating marine aquaculture waters.
Article 45.
Expropriation and requisition of marine waters that have been allocated for
aquaculture
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a) The organization or individual fails to use the
marine waters in accordance with the decision on allocating marine aquaculture
waters or violates regulations on protecting common works for
aquaculture;
b) The organization or individual fails to use the
entire or partial allocated marine aquaculture waters for more than 24 continuous
months unless this organization or individual has reasonable purposes approved
by the competent authority;
c) The marine waters are expropriated for public,
national defense or security purposes;
d) The responsibilities prescribed in Clause 1 Article 47 of this Law are violated;
dd) The organization or individual fails to fulfill
financial obligations prescribed in Point b Clause 2 Article 42 of this Law and
fails to comply with penalties for administrative violations;
e) The decision is not conformable with the
national marine spatial planning that has been approved by the competent
authority;
g) The organization or
individual no longer satisfies the conditions prescribed in
Article 38 of this Law and fails to take remedial measures promptly.
2. The State decides to
requisition marine waters if necessary for performance of national defense or
security duties or in case of emergency, environmental incidents or prevention
of natural disasters. Marine waters shall be requisitioned in accordance with
regulations on compulsory purchase and requisition of property.
3. Authorities allocating
marine aquaculture waters have power to expropriate the allocated waters.
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Article 46.
Rights of users of marine waters allocated by the State for aquaculture
1. Users of marine
waters allocated by the State for aquaculture have
the rights prescribed in Clause 1 Article 42 of this Law and are entitled to:
a) Use allocated marine aquaculture
waters;
b) Return the entire or partial allocated marine
waters;
c) Use information and data related to allocated
marine waters in accordance with regulations of law.
2. Vietnamese individuals using
marine waters allocated without levy by the State for aquaculture
mentioned in Point a Clause 2 Article 44 of this Law have the rights
prescribed in Clause 1 of this Article and may pledge their property on
allocated marine waters in Vietnamese credit institutions in
accordance with regulations of law.
3. Vietnamese individuals who
use marine waters allocated with levy for aquaculture by the
State and have paid annual levies have the rights prescribed in Clause 1
of this Article and are entitled to:
a) Mortgage their property on
allocated sea water in Vietnamese credit institutions in accordance with
regulations of law;
b) Transfer their property on allocated marine
waters. Transferees that continue being engaged in aquaculture will
have the rights as those of transferors.
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a) Mortgage the right to use allocated
marine waters and their property on these waters in
Vietnamese credit institutions within the period of allocation in accordance with regulations of law;
b) Transfer the right to use marine waters and
their property on these waters. Individuals may leave the right to use the
allocated marine waters to their heirs in accordance with
regulations of law. Transferees and heirs of the right to use allocated
sea water for aquaculture have the rights prescribed in
this Clause;
c) Use the right to use allocated
marine waters and their property on these waters as stakes
in accordance with regulations of law;
d) Lease the
right to use marine waters and their property on these waters within the
term of allocation. The marine waters shall only be leased if they have been
invested in under the projects and are used for proper purposes by lessees.
5. The Government shall
provide detailed guidelines for return of marine waters, pledge of the right to
use marine waters; lease, use as stakes and transfer of the right to use
allocated sea water between Vietnamese organizations and individuals; lease,
use as stakes and transfer of the right to use allocated sea water between
Vietnamese organizations and individuals and foreign investors and foreign
invested business entities for aquaculture;
rights of foreign investors and foreign invested business entities
using marine waters allocated, leased, used as stakes or transferred by
Vietnamese organizations and individuals for aquaculture
and compensations for expropriating marine waters for public, national defense
or security purposes.
Article 47.
Rresponsibilities of users of allocated marine aquaculture waters
Users of marine aquaculture waters
allocated by the State have the responsibilities prescribed
in Clause 2 Article 42 of this Law and shall not:
1. Carry out activities
affecting national defense, security, national sovereignty and interests at
sea;
2. Obstruct basic
investigations and scientific research related to natural resources, marine environment
and other legal activities approved by competent authorities;
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Chapter IV
COMMERCIAL FISHING
Section 1.
DOMESTIC COMMERCIAL FISHING AND FISHING WITHIN THE VIETNAM’S MARITIME BOUNDARY
Article 48.
Management of fishing areas
1. The Government shall
prescribe fishing areas including the coastal waters, inshore waters and waters
from the inshore route to the outer boundary of Vietnam’s exclusive economic
zone and activities of commercial fishing vessels in the abovementioned areas.
2. The Ministry of
Agriculture and Rural Development shall manage the commercial fishing in
the waters from the inshore route to the outer boundary of Vietnam’s exclusive
economic zone.
3. The People’s Committee of each
province shall manage the commercial fishing in coastal and inshore
waters and domestic commercial fishing in the province.
Article 49.
Quota on issuance of marine fishing licenses
1. Bases for determining quota
on issuance of marine fishing licenses include:
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b) Variable trend of aquatic
resources;
c) The maximum production of aquatic species
allowed to be caught sustainably;
d) Structure of fishery vocations, aquatic species
to be caught and fishing areas;
dd) The bases for catching aquatic migratory
aquatic species or aquatic species living in shoals shall include those
prescribed in Points a, b, c and d of this Clause and production allowed to be
caught of each species. The Ministry of Agriculture and Rural Development
shall determine the aquatic species prescribed in this Point.
2. Pursuant to Clause 1 of
this Article, the Ministry of Agriculture and Rural Development shall
determine and assign quotas on issuance of marine fishing licenses and
production allowed to be caught of each species in the waters from the inshore
route to the outer boundary of Vietnam’s exclusive economic zone of provinces.
3. Pursuant to Clause 1 of this
Article, the People’s Committee of each province shall determine and assign quotas on issuance of
marine fishing licenses and the production allowed to be
caught of each species in the coastal waters and inshore water under it
management.
4. The quota on issuance
marine fishing licenses shall be published and adjusted every 60 months. If
there is any variation in aquatic resources, according to
results of investigation into and assessment of aquatic resources in each
subject, annual investigation into and assessment of commercial fisheries, the Ministry of Agriculture and Rural Development and People’s
Committees of provinces shall adjust the production allowed to be caught
of each species.
Article 50.
Commercial fishing licenses
1. Organizations and
individuals using commercial fishing vessels with the maximum length of at
least 6 meters for engaging in fishing shall have commercial fishing licenses.
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a) The marine fishing does not exceed the quota on
issuance of marine fishing licenses;
b) The commercial fishing is not included in the
list of banned vocations;
c) The commercial fishing vessel requiring
inspection is issued with the certificate of technical safety;
d) The commercial fishing vessel is provided with
communication equipment as prescribed by the Ministry of
Agriculture and Rural Development;
dd) The commercial fishing vessel with the maximum
length of at least 15 meters is equipped with the vehicle tracking device in
accordance with the Government's regulations;
e) The organization or
individual has obtained the registration certificate of commercial fishing
vessels;
g) The master and chief
engineer officer have degrees or certificates precribed by the
Ministry of Agriculture and Rural Development;
h) In case of reissuance of the expired license,
the organization or individual satisfy the requirements prescribed in Points b,
c, d, dd, e and g of this Clause and have submitted extraction log in
accordance with regulations of law and the commercial fishing vessel is not
included in the list of illegal commercial fishing vessels published by the Ministry of Agriculture and Rural Development.
3. Main contents of the commercial
fishing license include:
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b) Registration number, name and call sign of the
commercial fishing vessel and the International Maritime Organization (IMO)
number (if any);
c) Fishing vocations and areas;
d) Fishing period of each vocation;
dd) The production allowed to be caught of each
species (if any);
e) The registered fishing port;
g) Expiry date
4. A commercial fishing
license will be reissued if:
a) It is lost or damaged; or
b) The license holder’s information specified in the license or the registered fishing
port is changed;
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5. A commercial fishing
license will be revoked if:
a) Its contents are erased or
changed;
b) Aquatic species are extracted outside the Vietnam’s maritime boundary;
c) The registration of commercial fishing vessel
has been cancelled;
d) The conditions prescribed in
Clause 2 of this Article are no longer satisfied.
6. The period of a commercial
fishing license is specified as follows:
a) The period of the license issued for the first
time or reissued in accordance with regulations of Point c Clause 4 of this
Article shall not exceed the remaining period of the fishing quota from the day
on which it is issued;
b) The period of the license
reissued in accordance with regulations in Points a and b Clause 4 of this
Article shall be the same as the remaining period of the issued license.
7. Contents of a commercial
fishing license will be adjusted if there is any variation in aquatic
resources as prescribed in Clause 4 Article 49 of this Law. The Ministry of Agriculture and Rural Development and People’s
Committees of provinces shall notify adjustments to licenses to extract
aquatic resources to shipowners.
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1. The People’s
Committees of province have power to issue, extend, reissue or revoke
commercial fishing licenses, except for the cases prescribed in Clause 2 of
this Article.
2. The Ministry
of Agriculture and Rural Development shall issue, extend and revoke
commercial fishing licenses regarding foreign organizations and individuals
engaged in commercial fishing activities within the Vietnam’s maritime boundary
and Vietnamese organizations and individuals engaged in commercial fishing
activities outside the Vietnam’s maritime boundary.
3. The Government shall
provide guidelines for procedures for issuance, extension,
reissuance and revocation of commercial fishing licenses.
Article 52.
Rights and responsibilities organizations and individuals engaged in fishing
activities
1. Organizations
and individuals engaged in fishing activities are entitled
to:
a) Be engaged in fishing activities in accordance
with contents of their licenses;
b) Receive information on aquatic
resources, fishery activities, markets of aquatic products and
instructions on fishing technologies and techniques;
c) Have their legal rights and interests protected
by the State during the fishing.
2. Organizations and individuals
engaged in fishing shall:
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b) Comply with regulations on ensuring safety of
people, commercial fishing vessels and food safety of caught aquatic species;
actively take measures for preventing natural disasters and rescue people and
ships in distress;
c) Fly the national flag of the
Socialist Republic of Vietnam on their commercial
fishing vessels; mark their commercial fishing vessels according to each
fishing area, mark their fishing tackle that used at fisheries in accordance
with regulations issued by the Ministry of Agriculture and Rural
Development;
d) Comply with inspections
carried out by competent authorities in accordance with
regulations of law;
dd) Be involved in rescue and protection of
sovereignty, security and order in fishing areas; denounce violations of law on
fishery;
e) Comply with regulations on management of fishing
areas, fishery vocations, size of aquatic species to be extracted and
commercial fishing tackle; comply with adjustments to contents of commercial
fishing licenses in case of notifications of adjustment to the production
allowed to be caught of each species given by People’s Committees
of provinces;
g) During the commercial fishing, the following
documents shall be carried: the original copy or copy of the commercial fishing
license in the case where this license is required, the certificate of
technical safety in case of the commercial fishing vessel requiring inspection,
the registration certificate of the commercial fishing vessel, the directory of
ship officers, decrees and certificates of the master and chief engineer
officer; ID cards, passports or other identity papers as prescribed by law on
crewmembers;
h) Record and submit reports and fishing logbooks
according to instructions provided by the Ministry of Agriculture
and Rural Development.
Section 2. COMMERCIAL FISHING
OUTSIDE THE VIETNAM’S MARITIME BOUNDARY
Article 53. Conditions for
commercial fishing outside the Vietnam’s maritime boundary
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a) They are approved by competent
authorities of the countries or territories owning fishing areas or
issued with fishing quotas by the RFMOs;
b) Commercial fishing vessels are eligible for
operation, have been registered, issued with certificates of technical safety
whose remaining period is at least 6 months; have sufficient equipment for
ensuring safety of people and commercial fishing vessels, suitable vehicle
tracking devices and communication equipment;
c) Masters and chief engineer officers have degrees
or certificates issued by competent authorities.
Crewmembers have insurance and passports. At least one person working on the
vessel or group of vessels can use English or a common language of the country
or territory where the commercial fishing vessels extract aquatic species. The
cross-border departure of commercial fishing vessels is not banned in
accordance with regulations of law;
d) Other conditions prescribed by the RMFO,
countries or territories are satisfied.
2. The Government shall provide
detailed guidelines for this Article.
Article 54.
Responsibilities of organizations and individuals engaged in commercial fishing
outside the Vietnam’s maritime boundary
Organizations and individuals engaged
in commercial fishing outside the Vietnam’s maritime boundary
shall:
1. Be approved or licensed by the Ministry of Agriculture and Rural Development.
2. Go through procedures for
exit and entry in accordance with regulations of Vietnam law and laws of the
countries or territories where they extract aquatic species.
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4. In case of accidents or
dangers requiring assistance, crewmembers shall give emergency signals or and promptly contact the nearest competent authorities of the
countries or territories; notify the nearest representative authorities of
Vietnam in the countries or territories, fishery authorities of provinces or
the Ministry of Agriculture and Rural Development.
5. During the commercial
fishing, the masters shall carry original copies or certified copies of
relevant documents issued by Vietnamese competent authorities
and relevant documents issued by the countries or territories when the commercial
fishing vessels operate in the waters under their management.
6. Cooperate with competent
authorities in dealing with cases related to people and commercial fishing
vessels used for fishing outside the territory of Vietnam.
7. The shipowners and masters
shall provide ship officers with guidance on rights and responsibilities
related to commercial fishing outside the Vietnam’s maritime
boundary;
8. The shipowners shall buy
insurance for crewmembers and cover all costs arising during the commercial
fishing outside the Vietnam’s maritime boundary.
Section 3.
COMMERCIAL FISHING BY FOREIGN COMMERCIAL FISHING VESSELS WITHIN THE VIETNAM’S
MARITIME BOUNDARY
Article 55. Conditions for
issuing licenses to foreign organizations and individuals engaged in commercial
fishing within the Vietnam’s maritime boundary
Foreign organizations or individuals will be issued
with commercial fishing licenses within the Vietnam’s maritime boundary if all
of the following conditions are satisfied:
1. There are international
agreements or international treaties to which the Socialist
Republic of Vietnam is a signatory; licenses or approvals granted by
competent authorities of the country owning the commercial fishing vessels
specifying that the commercial fishing within the Vietnam’s maritime boundary
is allowed;
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Projects on fishing within the Vietnam’s maritime
boundary are approved in accordance with regulations in Points a and b Clause 2
Article 50 of this Law. The commercial fishing vessels are not included in the
list of illegal commercial fishing vessels made and published by Vietnamese competent authorities or RFMOs or international authorities;
3. There are registration
certificates of commercial fishing vessels and certificates of technical safety
whose remaining period is at least 6 months issued by the competent authorities
of the flag state and certificates of use of frequency and radio transmitters
issued by Vietnamese competent authorities;
4. There is a list of
crewmembers. Masters and chief engineer officers have degrees or certificates
suitable for types of vessels. Foreign crewmembers of foreign commercial
fishing vessels operating within the Vietnam’s maritime boundary are approved
by the Ministry of Public Security and Ministry
of National Defense. Ship officers have passports and insurance;
5. There are vehicle
tracking devices as prescribed by regulations and law;
6. At least one person working
on the vessel is proficient in Vietnamese or English.
Article 56.
Issuance, extension, reissuance and revocation of licenses of foreign
organizations and individuals engaged in commercial fishing activities within
the Vietnam’s maritime boundary
1. Main contents of the license
include:
a) Name and address of the shipowner;
b) Registration number, name and call
sign of the commercial fishing vessel and IMO number (if any);
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d) Fishing areas, fishery vocations and operating
fields of the commercial fishing vessels;
dd) Places where procedures for cross-border
departure and arrival are gone through;
e) The registered port;
g) Expiry date
2. The period of the license
shall depend on the period of investment registration or cooperation projects
but shall not exceed 12 months.
3. The commercial fishing
license issued to a foreign organization or individual will be extended more
than once but each extension period shall not exceed 12 months if the following
conditions are satisfied:
a) The investment registration
certificate or cooperation project on fishery is valid;
b) Fishing logbooks or operating reports are
submitted in accordance with regulations of law.
4. Foreign organizations or
individuals will be reissued with commercial fishing
licenses within the Vietnam’s maritime boundary if their licenses are
lost, damaged or changed in the validity period of their investment
registration certificates or cooperation projects on fishery.
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a) Its contents are erased or
changed;
b) The foreign organization or individual fails to
comply with the contents specified in the license;
c) The investment registration
certificate or cooperation project finishes before the
expiry date of the license;
d) The conditions prescribed in
Article 55 of this Law are no longer satisfied.
dd) The commercial fishing vessel is destroyed,
sunk and cannot be salvaged or missing;
e) Aquatic species on the commercial fishing
vessels originating from illegal commercial fishing.
6. The Ministry
of Agriculture and Rural Development has power to issue, extend, reissue
and revoke licenses to foreign organizations and individuals
engaged in commercial fishing activities within the Vietnam’s maritime boundary.
7. The Government shall
provide guidelines for issuance, extension, reissuance and
revocation of licenses to foreign organizations and individuals engaged in
commercial fishing activities within the Vietnam’s maritime boundary.
Article 57.
Rights and responsibilities of foreign organizations and individuals engaged in
commercial fishing activities within the Vietnam’s maritime boundary
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a) Be engaged in commercial fishing activities within the Vietnam’s maritime boundary in
accordance with contents of their licenses;
b) Receive information related to fishery
activities in accordance with regulations of Vietnam law if requested;
c) Have their legal rights and
interests protected by the Vietnamese Government during
the commercial fishing in Vietnam.
2. Foreign
organizations and individuals engaged in commercial fishing
activities within the Vietnam’s maritime boundary shall:
a) Pay sufficient fees and charges in accordance
with regulations of Vietnam law and buy insurance for supervisor;
b) Only anchor the commercial fishing vessels in
registered ports and send written notifications to the Ministry
of Agriculture and Rural Development at least 7 working days from the
day on which the vessels arrive in Vietnam; go through procedures for cross
border departure and arrival in accordance with regulations of Vietnam law;
c) Carry sufficient original copies or certified
copies of licenses for fishery activities issued by Vietnamese competent authorities,
certificates of technical safety, licenses to use frequency of radio
transmitters issued by Vietnamese competent authorities, directories of
crewmembers;
d) Keep and submit fishing logbooks of every voyage
regarding commercial fishing vessels; operating reports of every voyage
regarding ships used for investigating and assessing aquatic
resources, providing technical training, transferring fishery
technologies, collect and transporting aquatic species in accordance with
regulations issued by the Minister of
Agriculture and Rural Development. Fishing logbooks or operating reports
shall be made in Vietnamese or English;
dd) Comply with requirements of supervisors; ensure
working and living conditions for supervisors; pick supervisors up and return
them to places approved by the Ministry of Agriculture and Rural
Development;
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g) In case of accidents or dangers
requiring assistance, crewmembers shall give emergency signals or and immediately
notify the nearest Vietnamese relevant
authorities;
h) Only sell aquatic products in Vietnam unless
there is an export contract;
i) If a foreign vessel is shut down when its
license is still valid, the shipowner shall send a written report to the Ministry of Agriculture and Rural Development at least 7 working
days before it is shut down;
k) Fly national flags in
accordance with the Government’s regulations
l) Comply with other regulations of Vietnam
law and international treaties to which the Socialist Republic of
Vietnam is a signatory.
Article 58. Supervisors
working on foreign commercial fishing vessels operating within the Vietnam’s
maritime boundary
1. A foreign
commercial fishing vessel operating within the Vietnam’s maritime boundary
shall have supervisor(s) if it is used for:
a) Commercial fishing;
b) Investigating aquatic resources;
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2. A supervisor shall
satisfy the following requirements:
a) He/she is a part-time official or public
employee appointed by the Ministry of Agriculture and Rural
Development shall:
b) He/she satisfies health requirement for going
out to sea;
c) He/she is qualified for supervision;
d) He/she is proficient in English or another
common language of the country or territory having vessels engaged in fishery
activities within the Vietnam’s maritime boundary.
3. If there are official(s),
public employee(s) or employee(s) of the Ministry of Agriculture
and Rural Development working on a foreign vessel engaged in fishery
activities within the Vietnam’s maritime boundary under an approved project or
contract, supervisor(s) are not required.
Article 59.
Rights and responsibilities of supervisors
1. A supervisor is entitled
to:
a) Request crewmembers to comply with regulations
of Vietnam law and regulations specified in the licenses;
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c) Inspect and supervise activities on
the vessel, fish finders and communication equipment of the vessel;
d) Use communication equipment of the vessel for
working if necessary;
dd) Have insurance during the supervision of the
vessel;
e) Have his/her working and living conditions on
the vessel ensured by the shipowner;
g) Receive salary, per diem and allowances in
accordance with the Government's regulations
h) Receive other allowances and wages from partners
if it is specified in a cooperation convention, projects or contract.
2. A supervisor shall:
a) Supervise activities and compliance with
regulations of Vietnam law by foreigners and foreign vessels engaged in fishery
activities within the Vietnam’s maritime boundary;
b) Submit sufficient and timely reports on
information related to activities of foreign vessels according to assigned
duties to the Ministry of Agriculture and Rural Development.
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Article 60. Illegal commercial
fishing
1. Illegal commercial fishing
activities include:
a) Commercial fishing without licenses;
b) Commercial fishing in the areas where it is
banned, commercial fishing in the period when it is banned; catching and
transporting aquatic species banned from commercial fishing; catching aquatic
species whose sizes are smaller than those prescribed by law; being engaged in
banned fisheries or using banned fishing tackle;
c) Illegally catch of endangered,
precious and rare aquatic species;
d) Illegal commercial fishing in the waters under
management of RFMOs, other countries or territories;
dd) Illegal commercial fishing exceeding the
production of each aquatic species, failure to catch aquatic species in the
areas and within the period specified in the licenses;
e) Concealment, counterfeiting or destruction of
evidence for violations of regulations related to catching and protection of aquatic resources;
g) Stopping and resisting persons carrying out
inspections and supervision of compliance with regulations on extracting and
protecting aquatic resources;
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i) Failure to have sufficient communication
equipment and vehicle tracking devices or operate them in accordance with
regulations of law;
k) Failure to have certificates of eligibility for
food safety as prescribed by law;
l) Temporary importation, temporary exportation, merchanting trade and
transit of aquatic species and aquatic products originating from illegal
commercial fishing;
m) Failure to keep fishing logbooks, failure to
keep sufficient and proper logbooks, failure to submit fishing logbooks or
reports in accordance with regulations of law;
n) Use of stateless commercial fishing vessels or
vessels obtaining nationality of non-member countries for illegal commercial
fishing in the international waters under the management of RFMOs;
o) Failure to use commercial fishing vessels in accordance with regulations on
extracting and protecting aquatic resources in the international
waters not under the management of RFMOs;
2. Organizations
and individuals violating regulations prescribed in Clause 1 of this Article,
depending on extent of violations, shall face administrative penalties or criminal prosecution in accordance with regulations of law.
3. The Minister of Agriculture and
Rural Development shall provide guidelines for publishing the list of
commercial fishing vessels engaged in illegal commercial fishing.
Article 61.
Confirmation and certification of origins of aquatic products derived from
commercial fishing activities
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2. Competent authorities of
the exporting country shall certify that imported aquatic materials are not
derived from illegal commercial fishing activities at the requests of
importers.
3. Aquatic products derived
from imported aquatic materials shall be certified by Vietnamese competent
authorities at the request of exporters if these materials are certified to be
derived from legal commercial fishing activities by the competent authority of
the exporting country.
4. The Minister of Agriculture and Rural Development shall provide guidelines
for contents of and procedures for confirming aquatic material and certifying
aquatic products derived from commercial fishing activities; confirming that
imported aquatic materials or aquatic products manufactured from imported
aquatic materials are not derived from illegal commercial fishing.
Chapter V
MANAGEMENT OF COMMERCIAL
FISHING VESSELS, SHIPS OF FISHERY AUTHORITIES AND SHELTERING ANCHORAGES FOR
COMMERCIAL FISHING VESSELS
Section 1: MANAGEMENT OF
COMMERCIAL FISHING VESSELS AND SHIPS OF FISHERY AUTHORITIES
Article 62.
Management of building, modification, chartering and purchase of commercial
fishing vessels
1. The People’s
Committees of each province shall publish quotas on issuance of
commercial fishing licenses, quantity of issued marine commercial fishing
licenses of the province; issue written approval for building, modification,
chartering and purchase of commercial fishing vessels according to the quotas
on issuance of commercial fishing licenses; establish and publish specific
criteria of the province and procedures for processing applications for
approving building, modification, chartering and purchase of commercial fishing
vessels operating in the sea, issue and publish regulations on building,
modification, chartering and purchase of commercial fishing vessels operating
in inland waters under it management.
2. Organizations
and individuals engaged in building, modification, chartering or purchase of
commercial fishing vessels whose maximum length is at least 6 meters operating
in the sea shall be approved by People’s Committees of
provinces.
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A facility will be issued with the certificate of
eligibility for building and modifying commercial fishing vessels if the
following conditions are satisfied:
1. There are suitable
facilities. Production and business plans are conformable with types and sizes
of built or modified commercial fishing vessels;
2. There is a department of
quality supervision and management to ensure that its products meet standards
and conditions for quality, technical safety and environmental
safety prescribed by law;
3. Human resources satisfy
requirements for production and business;
4. System(s) for managing
product quality and technology processes meet the prescribed requirements.
Article 64.
Issuance, reissuance and revocation of certificates of eligibility for building
and modifying commercial fishing vessels
1. People’s Committees of
provinces have power to issue, reissue and revoke certificates of
eligibility for building and modifying commercial fishing vessels.
2. The certificate
of eligibility for building and modifying commercial fishing vessels will
be reissued if:
a) It is lost or damaged; or
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3. The certificate of eligibility for
building and modifying commercial fishing vessels will be revoked if:
a) Its contents are erased or
changed;
b) The shipyard
fails to satisfy the conditions prescribed in Article 63 of this Law;
c) There are other violations in
which the certificate shall be revoked.
4. The Government shall
provide detailed guidelines for conditions and procedures for issuing,
reissuing and revoking certificates of eligibility for building
and modifying commercial fishing vessels.
Article 65.
Rights and responsibilities of shipbuilders and modifying facilities of
commercial fishing vessels
1. A shipbuilder
or modifying facility of commercial fishing vessels
is entitled to:
a) Build or modify commercial fishing vessels in
accordance with regulations of law;
b) Receive fees for building and modification of
commercial fishing vessels under agreements;
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2. A shipbuilder
or modifying facility of commercial fishing vessels shall:
a) Only build or modify commercial fishing vessels
requiring commercial fishing licenses in case of written approval of the People’s Committee of the province;
b) Be under technical supervision of the inspecting
organization;
c) Build or modify
commercial fishing vessels according to designs appraised and approved
by the inspecting organization;
d) Take responsibility for quality of built and
modified commercial fishing vessels;
dd) Submit regular or ad hoc reports on building
and modification of commercial fishing vessel according to instructions given
by the Ministry of Agriculture and Rural Development.
Article 66.
Export and import of commercial fishing vessels and bareboat charter
1. Commercial fishing vessels
shall be exported at the request of the importing countries.
2. An importer will be issued
with licenses to import commercial fishing vessels for commercial fishing
activities if the following conditions are satisfied:
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b) The commercial fishing vessel
has a legal origin;
c) The fishing vessel is covered by steel plates or
new-material plates;
d) The maximum length of the commercial fishing vessel is at least 24 meters;
dd) The commercial fishing vessel's plates is
produced for 5 years or less and the main engine is produced for 7 years or
less from the production year to time of import;
e) The commercial fishing vessel is
issued with the certificate of technical safety whose remaining period is at
least 06 months by the inspecting organization of the flag state.
3. Organizations and
individuals will be issued with licenses for bareboat charter if the conditions
prescribed in Point a, b, c, d and e Clause 2 of this Article; ship plate has
been produced for 8 years or less and the main engine has been produced for 10
years or less counted from the production year to time of charter. Charter
period is not more than 5 years.
4. The Government shall
provide guidelines for procedures for issuing licenses for import of commercial
fishing vessels and bareboat charter and guidelines for giving commercial
fishing vessels
Article 67.
Technical safety of commercial fishing vessels
1. Commercial fishing vessels
whose maximum length is at least 12 meters shall be inspected, classified and
issued with the certificate of technical safety.
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3. The commercial fishing
vessels that are not mentioned in Clause 1 of this Article shall be provided
with equipment for ensuring their technical safety before they are operated.
4. The Minister of
Agriculture and Rural Development shall provide detailed guidelines for
this Article.
Article 68.
Conditions for inspecting organizations
1. Organizations and
individuals will be issued with the certificates of eligibility for inspecting commercial
fishing vessels if:
a) They are established in accordance with regulations of law.
b) Facilities meet the
requirements;
c) Inspectors meet the requirements;
d) There is a suitable quality management system.
2. The Government shall provide
detailed guidelines for this Article.
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1. The Ministry
of Agriculture and Rural Development has power to issue, reissued and
revoke certificates of eligibility for inspecting commercial
fishing vessels and inspect the maintenance of eligibility every 24
months.
2. The certificate of eligibility for
inspecting commercial fishing vessels will be reissued if:
a) It is lost or damaged; or
b) The holder’s information specified
in the certificate is changed.
3. The certificate of eligibility for
inspecting commercial fishing vessels will be revoked if:
a) Its contents are erased or
changed;
b) The inspecting organization or individual fails
to inspect commercial fishing vessels in accordance with regulations of law;
c) The organization or
individual fails to satisfy the conditions prescribed in Clause 1
Article 68 of this Law;
d) There are other violations in
which the certificate shall be revoked.
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Article 70.
Rights and responsibilities of inspecting organizations and inspectors
1. An inspecting organization
has the following rights and responsibilities:
a) It is entitled to inspect commercial fishing
vessels in accordance with regulations of law;
b) It is entitled to request shipowners,
shipbuilders or modifying facilities of commercial fishing vessels to provide
documents on technical designs and facilitate the supervision, technical
inspection by inspectors and ensure the safety of inspectors during their
performance of tasks;
c) It is entitled to receive
inspection fees in accordance with regulations of law;
d) It shall exercise technical supervision of commercial fishing vessels in accordance with regulations of law;
dd) The head of the inspecting organization shall
take legal responsibility for inspection results and issue certificates of
technical safety;
e) It shall comply
with instructions and be subject to inspections in accordance with
regulations of law;
g) It shall submit
regular or ad hoc reports on inspecting commercial fishing
vessel according to instructions given by the Ministry of Agriculture and Rural
Development.
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a) He/she is entitled to sign and use special seals
or prints when making documents on registration of commercial fishing vessels and
equipment thereon in accordance with regulations of law;
b) He/she may refuse to carry out technical
inspection if the conditions for inspection prescribed by law have not been
satisfied.
c) He/she may reserve opinions other than decisions
of the heads of inspecting organizations related to conclusions of assessment
of technical status of commercial fishing vessels and equipment installed
thereon;
d) He/she shall inspect commercial fishing vessels
in accordance with national technical regulations on classification
and construction of ships
dd) He/she
shall take responsibility for results of technical safety
inspection and classification of commercial fishing vessels.
Article 71.
Registration of commercial fishing vessels
1. Commercial fishing vessels whose maximum length of at least 06
meters shall be entered in the national register of commercial fishing
vessels and be issued with the certificate of technical safety
in accordance with regulations of law. Commercial fishing vessel whose maximum
length is less than 6 meters shall be totaled up by the People’s
Committees of communes for management.
2. The period of the
registration certificate of commercial fishing vessels (“hereinafter referred
to as “registration certificate”) shall be specified as follows:
a) The period of the registration
certificate issued for commercial fishing vessels that are built,
modified, imported, sold, given and aided is permanent;
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3. A commercial fishing vessel
will be issued with the registration certificate if:
a) There are documents proving the legal ownership
of the commercial fishing vessel;
b) The commercial fishing
vessel requiring registration is issued with the certificate of technical
safety;
c) There is a certificate of suspension from
registration in case of bareboat charter; the certificate of cancellation of
registration in case of import, trading, giving of commercial fishing vessels
or change of the province of registration;
d) The shipowner has head office or permanent place
of residence located in Vietnam.
4. The People’s Committee of each
province shall be in charge of registration of commercial fishing
vessels in the province.
5. The Minister of Agriculture and
Rural Development shall prescribe procedures for registration and
cancellation of registration of commercial fishing vessels.
Article 72.
Cancellation of registration of commercial fishing vessels
1. The registration of a
commercial fishing vessel will be cancelled if:
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b) The commercial fishing vessel is missing for 1
year from the date of official notification on mass media;
c) The commercial fishing vessel is exported, sold, given or aided;
d) The registration is cancelled at the request of
the shipowner.
2. Competent authorities shall
revoke registration certificates, remove names of the commercial fishing
vessels from the national register of commercial fishing vessels and issue the
certificates of cancellation of regulation to the shipowners
Article 73.
Rights and responsibilities of shipowners
1. Shipowners are entitled to
choose eligible inspecting organizations or individual for commercial fishing
vessel registration.
2. Shipowners shall comply
with regulations on inspecting commercial fishing vessels.
3. Shipowners shall ensure
working and living conditions, safety, legal rights and interests of and labor
allowances for crewmembers.
4. Shipowners shall assign
ship officers according to the minimum safe manning levels in accordance with
regulations issued by the Minister of
Agriculture and Rural Development.
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6. Shipowners shall take
responsibility for violations of regulations on illegal commercial fishing.
Article 74.
Crewmembers
1. Crewmembers
shall satisfy the following requirements:
a) They are Vietnamese citizens or foreigners
allowed to work on commercial fishing vessels;
b) They have ID cards, passports or other identity
documents as prescribed by law;
c) They satisfy health and working age
requirements;
d) They have degrees or certificates suitable for
their positions.
2. Crewmembers are entitled
to:
a) Have their labor allowances and legal rights and
benefits ensured when they work on commercial fishing vessels in accordance
with regulations of labor law;
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c) Hold appropriate positions on commercial fishing
vessels.
3. Crewmembers shall:
a) Comply with regulations of
Vietnam law and international treaties to which the Socialist
Republic of Vietnam is a signatory.
b) Follow the masters’ orders; actively prevent
accidents happened to themselves and other crewmembers and incidents happened
to commercial fishing vessels;
c) Immediately notice the masters or people on
watch of dangers on their commercial fishing vessels;
d) Comply with regulations on
labor law.
4. The Minister of Agriculture and Rural Development shall prescribe positions
and duties of each position; manning level of ship officers on commercial
fishing vessels; standards of competence and certificates of ship officers’
competency; registration of ship officers and directories of ship officers;
standards of foreign ship officers working on Vietnamese commercial fishing
vessels.
Article 75.
Masters of commercial fishing vessels
1. Master is the person having
supreme command of a ship and works under the regime of head ship.
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a) Represent the shipowner and people having
benefits related to property or aquatic products during the operation of the
commercial fishing vessel or commercial fishing;
b) Refuse to operate the commercial fishing vessel
if it fails to satisfy conditions for ensuring safety of people and the vessel,
food safety, maritime safety and preventing environmental pollution;
c) Refuse to recruit unqualified crewmembers or
crewmembers committing violations of law or force them to leave the commercial
fishing vessel;
d) Request the rescue if the commercial fishing
vessel is in distress;
dd) Decide to use urgent methods for taking the
commercial fishing vessel to a safe place in case of emergency.
3. A shipowner has the responsibilities
prescribed in Clause 3 Article 74 of this
Article and shall:
a) Instruct, assign and urge crewmembers to comply
with regulations on maritime safety, occupational safety, food safety and environmental
safety;
b) Check crewmembers, equipment and documents of
the commercial fishing vessel, crewmembers before the commercial fishing vessel
leaves the port;
c) Update information on position of the commercial
fishing vessel, quantity of crewmembers in accordance with regulations of law;
present documents at the request of competent authorities;
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dd) If the commercial fishing vessel meet with
accidents, make timely responses and notify it to the nearest coastal radio
station or competent authorities;
e) If there are people in danger, take all methods
for curing these people. If a person is dead, keep his/her property and will
and concurrently notify it to the nearest coastal radio
station, the ship owner, the dead person's family or competent authority;
g) If the commercial fishing vessel operates from
the inshore route to the outer boundary of Vietnam’s exclusive economic zone
seawards; direct it to reach the fishing ports included in the list of
appointed fishing ports published by the Ministry of Agriculture
and Rural Development;
h) If the commercial fishing vessel must be left
due to force majeure, the master shall be the last person
to leave the vessel;
i) If other commercial fishing vessels meet with
accidents, take timely rescue methods and notify it to the nearest coastal radio
station or competent authority; follow the order to use
the commercial fishing vessel for search and rescue issued by the competent authority;
k) Keep and submit fishing logbooks; submits
fishing reports; confirm the production of caught aquatic species;
l) Take responsibility for violations
of regulations on illegal commercial fishing.
4. If crimes in flagrante or
wanted fugitives are found on the commercial fishing vessel when it has left
the port, the master will have the following rights and responsibilities:
a) He is entitled to arrest or give an order to
arrest criminals in flagrante or wanted fugitives;
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c) He shall protect evidence, transfer arrested
people and documents to the competent authority when the commercial fishing
vessel reaches the first fishing port in Vietnam or Vietnamese ships of fishery
authorities which is performing duties at sea or notify the nearest
representative authority of Vietnam and follow instructions of this authority
if the commercial fishing vessel operates outside the Vietnam’s maritime
boundary.
Article 76:
Management of watercrafts on duty
1. Ships of fishery
authorities shall be registered and inspected in accordance with regulations of
law.
2. Organizations assigned to
manage ships of fishery authorities may choose suitable inspecting
organizations.
3. Crewmembers of ships of
fishery authorities shall comply with regulations of law on officials and public employees, maritime and labor codes.
4. The Minister of Agriculture and
Rural Development shall prescribe the registration of watercrafts on
duty, positions, tasks of each position, manning levels of ship officers
working on watercrafts on duty.
Section 2.
FISHING PORTS AND SHELTERING ANCHORAGES FOR COMMERCIAL FISHING VESSELS
Article 77.
Planning for and investment in building a system of fishing ports and
sheltering anchorages for commercial fishing vessels
1. The planning for building a
national system of fishing ports and sheltering anchorages for commercial
fishing vessels shall be conformable with strategies for developing aquatic
species and other planning and ensure national defense and security.
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3. The Ministry
of Agriculture and Rural Development shall formulate the planning for
building a national system of fishing ports and sheltering anchorages and
request the Prime Minister to approve it; publish, provide instructions on and
inspect the implementation of the approved planning; manage the national system
of fishing ports and sheltering anchorages in accordance with regulations of
law.
Article 78.
Classification of fishing ports
1. A class 1 fishing port shall satisfy the following criteria:
a) It is a place where commercial fishing vessels
of multiple provinces, central-affiliated cities and
foreign vessels come into to carry out handling of aquatic products and provide
other fishery services and is the main distribution point of aquatic products
in the region;
b) At least 90% of main equipment for material
handling of the port is mechanized;
c) The minimum area of port waters is 20 ha;
d) Depth of channels to the fishing port and waters
in front of the quay complies with the Government’s regulations;
dd) The minimum land area of the port is 4 ha or 1
ha applicable to fishing ports on islands. Offices and technical infrastructure
comply with regulation of law on food safety, environmental safety
and fire safety;
e) The minimum quantity of aquatic products passing
the port is 25,000 metric tons per year or 3,000 metric tons per year,
applicable to fishing ports on islands.
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a) It is a place where commercial
fishing vessels of several provinces and central-affiliated cities come into to carry out handling of aquatic
products and provide other fishery services and is the main distribution point
of aquatic products in the province;
b) At least 70% of main equipment for
material handling of the port is mechanized;
c) The minimum area of port waters is
10 ha;
d) Depth of channels leading to the fishing port and waters in front of the quay complies with the Government’s regulations;
dd) The minimum land area of the port is 2.5 ha or 0.5 ha applicable to fishing ports on islands. Offices and technical infrastructure
comply with regulations of law on food safety,
environmental safety and fire saty;
e) The minimum quantity of
aquatic products passing the port is 15,000 metric tons per year or 1,000
metric tons per year, applicable to fishing ports on islands.
3. A class 3 fishing port shall
satisfy the following criteria:
a) It is a place where commercial fishing vessels
of a province or central-affiliated city anchor;
b) The minimum land area of the port is 0.5 ha
or 0.3 ha applicable to fishing ports on islands. Offices and
technical infrastructure comply with regulations of law on food safety,
environmental safety and fire saty;
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1. A fishing port will be opened
if:
a) The conditions prescribed in
Article 78 of this Law are satisfied;
b) The organization managing the fishing port
(hereinafter referred to as “supervisory organization”) has been established;
c) There is a plan for using the fishing port.
2. A fishing port will be
closed if:
a) The supervisory organization is suspended from
operation or shut down in accordance with regulations of law;
b) Depth of channels leading to the class
1 or class 2 fishing port and waters in front of the quay fails
to comply with the Government’s regulations;
c) The class 1 fishing port no longer satisfies the
criteria prescribed in Points b, c and dd Clause 1 Article 78 of this Law
without any timely remedy;
d) The class 2 fishing port no longer
satisfies the critera prescribed in Points b, c and dd Clause 2 Article 78 of this Law without any timely remedy;
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3. Power to open and close
fishing ports is specified as follows:
a) The Ministry of Agriculture and
Rural Development has power to open and close class 1 commercial fishing
vessels;
b) The People’s Committees of
provinces have power to open and close class 2 fishing ports;
c) The People’s Committees of districts have power to
open and close class 3 fishing ports;
4. The Government shall provide
guidelines for contents of and procedures for publishing
the opening and closing of fishing ports.
Article 80.
Management of fishing ports
1. Supervisory organizations
shall be established and operate in accordance with regulations of law.
2. Supervisory organizations
shall be assigned to manage and use infrastructure of fishing ports, fishing
ports’ land, port waters and manage fishing logistics services in the fishing
ports.
3. Leasing or use of partial
or entire fishing ports invested by the state budget or public-private
partnership shall comply with regulations of law on managing and using public
property and other relevant regulations of law.
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1. A supervisory organization
is entitled to:
a) Lease the infrastructure to organizations and
individuals for production and business in the fishing port land areas and port
waters in accordance with the approved plan for using the fishing port and
regulations of law;
b) Refuse or compel people and commercial fishing
vessels that fail to comply with internal regulations of the port to leave;
c) Refuse the lease, or compel the producers and
traders in the port land areas and port waters that fail to comply with the
regulation of the fishing port or the concluded contracts to leave;
d) Charge the services in the port as prescribed by
law;
dd) Handle, or request local competent authority to
handle the cases in order to ensure the security, food safety, environment
safety and fire safety within the fishing port area.
2. A supervisory organization shall:
a) Issue and publish regulations of the fishing
port;
b) Instruct and dispose vehicles to come into,
leave and anchor in the port waters; ensure safety and convenience for people
and vehicles in the fishing port area;
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d) Regularly provide information on weather on the information
system of the fishing port; assign people to be on watch and hang warning signs
in case of natural disasters in accordance with regulations of law; notice the
list of commercial fishing vessels anchoring in the port waters and quantity of
people thereon to the competent authority;
dd) Comply with the inspection and supervision by
competent authorities in term of food safety, environmental safety, security
and order, fire prevention and other relevant fields in the fishing port area;
e) Cooperate with and arrange working places for
competent authorities inspecting and controlling the compliance with
regulations of law on commercial fishing actives, aquatic resource protection,
control of illegal commercial fishing, food safety and other relevant fields on
commercial fishing vessels and in the fishing port;
g) The head of the supervisory organization shall
total up the production of aquatic products passing the fishing port, certify
origins of caught aquatic species in accordance with regulations and law,
collect fishing logbooks and reports of the commercial fishing vessels coming
into the port, consolidate and submit regular or ad hoc reports to competent
authorities according to instructions provided by the Ministry of
Agriculture and Rural Development;
h) Refuse the handling of aquatic products of
commercial fishing vessels engaged in illegal commercial fishing and notify the
competent authorities for considering and dealing with this problem in
accordance with regulations of law;
i) Notify the entering by foreign commercial
fishing vessels to the local competent authority for cooperating in management;
k) Cooperate with the nautical safety authority in
notifying the status of channels, marking buoys and ensure safety of commercial
fishing vessels entering and leaving the fishing port.
l) Formulate plans for and organize the maintenance
of infrastructure of the fishing port to ensure safety of people and vehicles
operating in the fishing port.
Article 82.
Vietnamese commercial fishing vessels entering and leaving fishing ports
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2. When entering a fishing
port, the master shall comply with control by the supervisory organization and
regulations of the fishing port.
3. Shipowners and masters
shall comply with inspection and control and regulations of law on extracting
and protecting aquatic resources, food safety,
environmental safety and fire safety; ensure safety of people and commercial
fishing vessels.
4. The master shall notify the
supervisory organization at least 1 hour before the commercial fishing vessel
leaves the fishing port.
5. A commercial fishing vessel
is not allowed to leave a fishing port if:
a) The safety of people and the commercial fishing
vessel is not ensured;
b) There is a violation of law in which the commercial
fishing vessel shall be temporarily seized in accordance with regulations of
law;
c) There is an order to capture or temporarily
seize the commercial fishing vessel issued by a court or competent authority.
Article 83.
Foreign commercial fishing vessels entering and leaving fishing ports
1. A foreign commercial
fishing vessel may only enter the fishing port specified in the commercial
fishing license or the fishing ports approved by the Ministry of
Agriculture and Rural Development.
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3. When entering a fishing port, the master of the commercial fishing vessel shall comply
with regulations of the fishing port and the control of the supervisory organization; declare
and present the following information and papers:
a) Directory of ship officers and passports of
crewmembers;
b) The commercial fishing license within the Vietnam’s maritime boundary;
c) Purposes of entering the fishing port;
d) Time of the voyage;
dd) Volume and components of aquatic species caught
or under transshipment on board, applicable to commercial fishing vessels and
vessels used for transporting aquatic species;
e) Position and fishing areas, production of
onboard aquatic species applicable to commercial fishing vessels.
4. The master who presents
commercial fishing documents confirmed by foreign competent authorities is not
required to declare the information mentioned in Points d, dd and e Clause 3 of
this Article.
5. The master and crewmembers
of a commercial fishing vessel shall go through procedures for exit and entry,
customs and quarantine procedures in accordance with regulations of law.
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7. For vessels entering a fishing
port in force majeure cases, immediate after
docking, the master or helmsman shall:
a) Notify the supervisory organization of the
status of the vessel and quantity of people aboard; prove the force
majeure and specify the request for help;
d) Comply with regulations
prescribed in Clause 5 of this Article.
8. Shipowners and masters shall facilitate
and comply with inspection and control and regulations of law on
extracting and protecting aquatic resources, food safety,
environmental safety and fire safety; ensure safety of people aboard and vessels.
9. Shipowners and master shall
pay costs as prescribed by law.
Article 84.
Classification of sheltering anchorages for commercial fishing vessels
1. A regional sheltering
anchorage for commercial fishing vessel shall satisfy the following criteria:
a) It is near fisheries and gathers commercial
fishing vessels of multiple provinces, ensure the shortest time for commercial
fishing vessels to anchor and shelter from storms;
b) Natural conditions are convenient and the safety
of sheltering commercial fishing vessels is ensured;
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2. A sheltering
anchorage for commercial fishing vessels of a province
shall satisfy the following criteria:
a) It is near traditional fisheries of multiple provinces, ensure the shortest time for
commercial fishing vessels to anchor and shelter from storms;
b) Natural conditions are convenient
and the safety of sheltering commercial fishing vessels is ensured;
c) The minimum capacity is 600
commercial fishing vessels.
Article 85.
Classification of sheltering anchorages
1. Sheltering
anchorages shall be managed and operated by the
local steering committee on natural disaster prevention and rescue (hereinafter
referred to as “the steering committee”) during the time of sheltering.
2. During the period in which
a sheltering anchorage is not used for sheltering purpose, it shall be managed
and used as follows:
a) The anchorage whose waters are adjacent to a
fishing port waters shall be managed and used by the supervisory organization
of this port in accordance with regulations of law;
b) The anchorage whose waters are
not adjacent to a fishing port waters shall be managed and used in
accordance with regulations of law by an eligible
organization assigned by the People’s Committee of the
province.
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4. Regarding commercial
fishing vessel entering and leaving sheltering anchorages:
a) In case of natural disasters, commercial fishing
vessels and other kinds of vessels may take shelter without being charged;
b) When entering the harbor, the master or the
helmsman of a commercial fishing vessel shall comply with the control and
instructions of the steering committee;
c) When a commercial fishing vessel is safely
anchored, its master or helmsman shall notify the steering committee of the
name, registration number, status of the ship, quantity of people aboard, and
other requirements (if any).
d) Commercial fishing vessels
shall only leave the sheltering anchorage in case of notifications or orders
issued by the steering committee;
dd) If natural disasters do not occur, the
commercial fishing vessels anchored in a sheltering anchorage shall pay fees
and other costs as prescribed by law; comply with control and instruction of
the organization assigned to manage and use this sheltering anchorage.
Article 86.
Publishing the list of sheltering anchorages
1. Before February 01 every
year, the People’s Committee of each people shall review
and submit the list of eligible sheltering anchorages to the Ministry
of Agriculture and Rural Development for publishing nationwide.
2. Published information of a
sheltering anchorage includes:
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b) Address and coordinates of the
sheltering anchorage;
c) Depth of the anchorage waters;
d) Capacity of the sheltering
anchorage
dd) Sizes and types of commercial fishing vessels
allowed to enter the sheltering anchorage;
e) Starting positions, direction and length of
channels leading to the anchorage;
g) Phone number and radio frequency of the local steering committee;
3. Before March 31 every year, the Ministry of Agriculture and Rural Development
shall send the list of eligible sheltering anchorages to the People’s
Committees of provinces and nationwide notify it on mass media.
4. The People’s Committee of each
province shall be notify the list of sheltering anchorages to commercial
fishing vessels in the province.
Chapter VI
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Article 87.
Functions of the fisheries resources surveillance force
Fisheries resources surveillance force
is a state force which exercises Vietnam law and relevant international
treaties to which the Socialist Republic of
Vietnam is signatory related to extraction and protection of aquatic resources.
Article 88.
Duties and power of the Fisheries Resources Surveillance force
1. The fisheries
resources surveillance force shall:
a) Patrol, inspect, control, investigate and take
action against violations of laws, apply measures for preventing violations in
accordance with regulations of law;
b) Propagandize, popularize and provide education
about Vietnam laws, international laws and laws of relevant countries on
fisheries; instruct fishers and relevant organizations and individuals to
implement regulations of law on fisheries;
c) Appoint force to cooperate in rescue in
accordance with regulations of laws; be engaged in natural disaster prevention
and control;
d) Protect Vietnamese sovereignty, sovereign rights
and jurisdiction over the waters in accordance with regulations of law;
dd) Promote international cooperation in fisheries
resources surveillance;
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g) Cooperate with other relevant authorities in
fisheries resources surveillance.
2. The fisheries resources
surveillance has power to:
a) Request relevant organizations and individuals
to provide necessary information and documents for inspecting, patrolling,
controlling, investigating, detecting and taking actions against violations of
law on extracting and protecting aquatic resources;
b) Manage and use weapons, combat
gears, technical equipment and professional methods for carry out
fisheries resources surveillance in accordance with regulations of law on
management and use of weapons, explosives and combat gears and
other relevant regulations of law;
c) Chase, arrest and apply prevention methods for
people and vehicles failing to comply with orders, resisting or deliberately
running away in accordance with regulations of law.
Article 89.
Organization of the fisheries resources surveillance force
1. The fisheries resource
surveillance force includes:
a) Central fisheries surveillance
force;
b) Fisheries surveillance force
of coastal provinces that shall be organized to ensure the protection of aquatic resources and local resources.
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Article 90.
Surveillance members
1. Surveillance members are
officials that are appointed to payroll of the fisheries resources
surveillance.
2. Surveillance members shall
be issued with fisheries surveillance cards, uniforms, insignias, fisheries
surveillance signage and specialized equipment.
3. A surveillance member has
the following powers and responsibilities:
a) He/she has power to request
relevant organizations and individuals to provide necessary information and
documents for inspecting, patrolling, controling, invetisgating, detecting and
taking actions against violations of law on extracting and
protecting aquatic resources;
b) He/she has power to impose penalties for administrative violations and apply methods for
preventing administrative violations in accordance with
regulations of law;
c) He/she may use weapons, combat
gears, specialized vehicles and equipment in accordance with regulations
of law;
d) He/she shall wear uniform, insignia and
fisheries surveillance signage in accordance with regulations of law;
dd) He/she shall comply with regulations of law, be
accountable to the head of the supervisory
authority and take legal responsibilities for assigned duties and
powers.
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1. Fisheries surveillance ship
officers include:
a) Officials appointed to the payroll of fisheries surveillance ship officers;
b) Public employees who are
employed to work on the fisheries surveillance ship;
c) Employees who work under labor contracts on the
fisheries surveillance ship.
2. Fisheries surveillance ship
officers shall wear uniforms, insignias and fisheries surveillance signages when performing their
duties in accordance with regulations issued by the Minister of Agriculture and Rural Development.
3. The Minister of Agriculture and
Rural Development shall prescribe functions, duties and powers of
fisheries surveillance ship officers and manning levels thereof.
Article 92.
Fisheries surveillance collaborators
1. Fisheries surveillance
collaborators are Vietnamese citizens who provide information for and
assistance in the fisheries resources
surveillance activities.
2. Fisheries surveillance
collaborators may be paid for their activities and receive allowances
for providing information in accordance with regulations of law; have their
security of information sources ensured and have their legal rights and
interests protected in accordance with regulations of law.
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1. The fisheries
resources surveillance shall be equipped with fisheries surveillance
ships, specialized communication media, specialized equipment, weapons and combat gears to perform their functions and duties and exercise
their powers in accordance with regulations of law.
2. Officials, public
employees and employees under labor contracts working in a fishery
surveillance authority shall wear consistent uniforms.
3. The Minister of Agriculture and
Rural Development shall prescribe uniforms of the fisheries resources
surveillance; paint color, code and operation limit of fishery surveillance
ships; registration of fishery surveillance ships.
Article 94.
Sources of funding for fisheries resources surveillance activities
1. Investment in and operation
of the fisheries resources surveillance shall be funded by the state budget
according to applicable distribution thereof and other sources of funding in
accordance with regulations of law.
2. Amounts of money collected
from people under penalties for administrative violations by
the fisheries resources surveillance shall be paid to the state budget. Fishery
surveillance authorities shall be provided with a part of the abovementioned
amounts to serve its operation.
3. The Government shall provide
detailed guidelines for Clause 2 of this Article.
Article 95.
Appointment and mobilization of people and vehicles in fisheries resources
surveillance activities
1. In case of emergency, the appointment and mobilization of people and vehicles
in fisheries resources surveillance activities shall be specified as
follows:
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b) Chairmen/Chairwomen of shall issue
orders to appoint people and vehicles under their management and request
relevant Ministers and Chairmen/Chairwomen of People’s Committees of provinces
to mobilize people and vehicles;
2. Organizations and
individuals that are mobilized or have their vehicles mobilized shall comply
with appointment orders issued by competent persons.
3. Authorities in charge of
appointment and mobilization shall pay mobilized organizations
and individuals in accordance with regulations issued by the Ministry
of Finance. Damage arising during the appointment and mobilization shall
be compensated. Died or injured individuals are considered to receive
allowances or policies in accordance with regulations of law on preferential
treatment of people with meritorious services to the revolution.
Chapter VII
PURCHASE, SALE,
PRELIMINARY PROCESSING, PROCESSING, EXPORT AND IMPORT OF AQUATIC PRODUCTS
Article 96. Purchase, sale,
preliminary processing and processing of aquatic products
1. Purchasers, ssellers, preliminary processors and processors of aquatic products shall comply regulations of law on food
safety, environmental safety and fire safety.
2. Aquatic products that are
purchased, sold, preliminary processed and processed shall have obvious origins
and ensure food quality and safety.
3. Aquatic products in areas under
epidemic announcement shall be purchased and sold in accordance with
regulations of law on veterinary medicine, plant
protection and quarantine.
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1. Aquatic products on
commercial fishing vessels, means of transport; fishing ports and in wholesale
markets of aquatic products; aquatic cold storages and premises of purchasers,
sellers, preliminary processors and processors of aquatic products shall be
preserved in accordance with regulations of law on food safety.
2. Additives
and supporting substances used in processing of aquatic products that are
overdue or not included in the list of additives and
supporting substances allowed to be used or included in this list but exceed
allowable limits; chemicals whose origins are obscure and chemicals banned from
use shall not be used for preserving aquatic products.
Article 98.
Import and export of aquatic products
1. Importers of aquatic
products shall have documents on obvious origins of aquatic products and
satisfy requirements for food quality, food safety and epidemic safety as
prescribed by law.
2. Exporters of aquatic products shall comply with requirements of importing
countries and regulations in Clause 3 of this Article.
3. An organization or individual is
allowed to export living aquatic species in the
following cases:
a) The species
are not included in the list of aquatic species banned from export;
b) The aquatic species
included in the list of exported aquatic
species requiring certain conditions satisfy the conditions prescribed
in this list;
c) Export of aquatic products included in the list of aquatic breeds banned from export or aquatic species failing to satisfy the conditions prescribed in the list of aquatic
species requiring certain conditions for scientific research and international
cooperation shall be licensed by the Ministry of Agriculture and Rural
Development on the basic of the Prime Minister’s approval.
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5. The Ministry of Agriculture and
Rural Development will consider inspecting systems for managing and producing and
trading aquatic species in the exporting
countries in accordance with regulations of Vietnam law
and international treaties to which the Socialist Republic of Vietnam is a
signatory if:
a) The assessment is made for mutual
recognition;
b) There are risks of food quality, food safety, epidemic or environmental
issues caused by aquatic products imported
to Vietnam.
6. The Minister of Agriculture and
Rural Development shall prescribe procedures for risk analysis of and
issuance of licenses to living aquatic species.
7. The Government shall issue
the list of aquatic species banned from export and the list of
exported aquatic species requiring certain conditions;
Article 99.
Processing, export, import, re-export, introduction from the sea and transit of
aquatic species prescribed in Appendices of Convention on International Trade
in Endangered Species of Wild Fauna and Flora and endangered, precious and rare
aquatic species
1. The processing,
export, import, re-export, introduction from the sea and transit of endangered,
precious and rare wild aquatic species prescribed in
Appendices of CITES and endangered, precious and rare
aquatic species shall comply with regulation of CITES and Vietnam law.
2. Processed specimens of
aquatic species prescribed in Appendices of CITES and endangered, precious and
rare aquatic species shall satisfy the following requirements:
a) The specimens have legal origins and taken from
facilities breeding, raising or carry out artificial propagation
of aquatic species.
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c) After being processed, the
specimens are seized in accordance with regulations of law.
3. The Government shall provide
detailed guidelines for this Article.
Article 100.
Wholesale markets of aquatic products
1. Wholesale market of aquatic
products shall be located in concentrated aquaculture areas or places where
large quantities of aquatic products are consumed, including exchange,
purchase, sale and auction of aquatic products.
2. Wholesale markets of
aquatic products shall be developed in conformity with the planning.
3. The People’s Committee of each
province shall control food safety in wholesale markets of aquatic
products in the province.
4. The Ministry
of Agriculture and Rural Development shall ensure consistency
in the state administration of aquatic food safety
and provide instructions on wholesale markets of aquatic products, promulgate national technical regulations on conditions for ensuring
food safety in wholesale markets of aquatic products.
Chapter VIII
STATE
ADMINISTRATION OF FISHERIES
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1. The Government shall ensure
consistency in state administration of
fisheries in the whole country.
2. The Ministry of Agriculture and
Rural Development shall work as a contact point to assist the Government
in the state administration and shall:
a) Be in charge of state
administration of fishery activities in the whole country; make and
provide directions on implementing strategies, plans and schemes
for fishery activities;
b) Promulgate or request competent authorities to
promulgate and implement policies, legislative documents,
standards, technical regulations and economic and technical norms in fishery
fields;
c) Provide directions and instructions on and carry
out environmental monitoring and warning, aquatic epidemic prevention and
commercial fishing at sea; manage processing and trading of aquatic products;
ensure quality and aquatic food safety as prescribed by
law; set up, manage and provide instructions on updating and accessing to the
national fisheries database;
d) Be in charge of state
administration of fisheries resources surveillance; provide consistent
directions on fisheries resources surveillance;
dd) Organize the issuance, reissuance, extension
and revocation of licenses and certificates in fishery activities under it
management; authorize or assign the administration in accordance with
regulations of law;
e) Organize the investigation, scientific research
and technological development, technology transfer; assess and analyze impacts
of economic activities on fishery activities;
g) Provide instructions on and carry out state
inspections of fishing ports and sheltering anchorages for commercial fishing
vessels in the whole country; provide professional training in managing fishing
ports and sheltering anchorages for commercial fishing vessels in accordance
with regulations of law and announce the list of appointed fishing ports having
sufficient systems for certifying origins of caught aquatic species;
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i) Be in charge of state
administration and provide professional training in
fisheries; organize and provide instructions on statistics, information,
propagation and popularization of knowledge and legal education in fisheries;
k) Prescribe criteria on and quality of waters used
for aquaculture and specialized technical management in
fishery activities;
l) Manage, provide directions on, formulate plans
for and organize inspection, handling of complaints and denunciation, taking
actions against violations of law o fisheries within it power; work as a
contact point to join international cooperation in fisheries;
m) Take charge and cooperate with Ministries, ministerial agencies and People’s Committees
of provinces in developing software for managing the national fishery database
n) Reserve original breeds and native and endemic
aquatic species having economic value.
3. Ministries and ministerial agencies, within their duties and powers, shall
cooperate with the Ministry of Agriculture and Rural Development in
state administration of fisheries.
Article 102.
Responsibilities of People’s Committee of provinces
1. The People’s Committee of each
province, within its duties and powers, shall:
a) Promulgate or request
competent authorities to promulgate documents provide
guidelines for implementation of law on fisheries;
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c) Organize the propagation, popularization of and
education about laws and knowledge related to fisheries; set up fishery
database in the province and update the national fishery database;
d) Organize the issuance, reissuance,
extension and revocation of licenses and certificates in fishery activities
under it management according to the assignment;
dd) Provide
directions on, formulate plans for and organize inspection, handling of
complaints and denunciation, taking actions against violations of law on fisheries within its power;
e) Ensure allowances, funding and working
conditions for the local fisheries resources surveillance force in accordance
with regulations of law;
g) Organize the management of fishing ports and
sheltering anchorages for commercial fishing vessels according to assignment;
inspect, control and comply with regulations of law on catching
and protecting aquatic resources, food safety, environmental safety and fire
safety at fishing ports; collect, consolidate and
report statistics of aquatic products passing commercial fishing vessels in
accordance with regulations and law;
h) Be in charge of state
administration applicable to marine protected areas and aquatic resources
protected areas in the province;
2. The People’s
Committee of a district or a commune, within its duties and powers, shall:
a) Carry out activities and implement methods for
managing fishery activities in the district or commune in
accordance with regulations of law.
b) Carry out tasks of state
administration of fisheries according to assignment or authorization by
the supervisory People’s Committee;
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Article 103.
Responsibilities of Vietnamese Fatherland Front and its affiliated
organizations, socio-professional organizations and social organizations
1. The Vietnamese
Fatherland Front and its affiliated organizations, within their duties
and powers, shall propagandize, mobilize the implementation of policies and law
on fisheries; give opinions about promulgating regulations of law, carry out
supervision and social criticism in fishery in accordance with regulations of
law.
2. Socio-professional
organizations and social organizations shall give
opinions on promulgating regulations of law on fisheries; propagandize and
popularize knowledge of and laws on fisheries; provide consultancy on and
technical training in fisheries; protect, regenerate and develop aquatic
resources.
Chapter IX
IMPLEMENTATION
Article 104.
Effect
1. This Law comes into force
from January 01, 2019.
2. The Law No. 17/2003/QH11
on fisheries shall be invalid from the date on which this
Law comes into force.
Article 105.
Transition clause
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2. Licenses, certificates,
degrees and written approval related to fisheries issued before the day on which
this Law comes into force may be used until their expiry date.
3. National
technical regulations and economic and technical norms issued before the
day on which this Law comes into force will be applicable until they are
annulled or superseded.
This Law is approved by the 14th
National Assembly of Socialist Republic of Vietnam on November 21, 2017 during
the 4th session
CHAIRWOMAN OF NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan