|
THE
PRIME MINISTER OF GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No:
415-TTg
|
Hanoi,
August 10, 1994
|
DECISION
ON
THE PROMULGATION OF THE STATUTE OF THE ORGANIZATION AND ACTIVITIES OF THE
INSPECTORATE FOR THE PROTECTION OF AQUATIC RESOURCES
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government on the 30th of September, 1992;
Pursuant to the Ordinance on the Protection and Development of Aquatic
Resources on the 25th of April, 1989, the Ordinance on Inspection Work on the
29th of March, 1990, and related legal documents;
At the proposal of the Minister of Aquatic Resources,
DECIDES:
Article 1.- To issue
along with this Decision the Statute of the Organization and Activities of the
Inspectorate for the Protection of Aquatic Resources.
Article 2.- This Statute
takes effect as from the date of its promulgation. All earlier provisions which
are contrary to this Statute are now annulled.
Article 3.- The Minister
of Aquatic Resources, the other Ministers, the Heads of the ministerial-level
agencies, the Heads of the agencies attached to the Government, and the
Presidents of the People's Committees of the provinces and cities directly
under the Central Government shall have to implement this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Duc Luong
STATUTE
OF
THE ORGANIZATION AND ACTIVITIES OF THE INSPECTORATE FOR THE PROTECTION OF
AQUATIC RESOURCES
(issued
along with Decision No.415-TTg on the 10th of August, 1994 of the Prime
Minister).
Chapter I
GENERAL PROVISIONS
Aticle 1.- The
Inspectorate for the Protection of Aquatic Resources is a specialized
inspectorial organization assigned the function of inspecting these areas: the
protection and development of the aquatic resources, veterinary service for
aquatic animals and their products, the protection of the living environment of
the aquatic animals, and the technical safety of the fishery means and
equipment allocated to the aquatic service.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The Inspectorate for the
Protection of Aquatic Resources at the Center attached to the Department for
the Protection of Aquatic Resources (the Ministry of Aquatic Resources).
- The Inspectorate for the
Protection of Aquatic Resources in the provinces and cities directly under the
Central Government (hereunder referred to as province) attached to the
Sub-Department for the Protection of Aquatic Resources in the province, or the
Aquatic Resources Service, or the Agricultural, Forestry and Aquatic Resources
Service (in the provinces which have no Sub-Department for the Protection of
Aquatic Resources).
- The Inspectorates for the
Protection of the Aquatic Resources at the Center and in the provinces have
their own seals.
The Minister of Aquatic
Resources shall provide details for the organization of the apparatus of the
Inspectorate for the Protection of Aquatic Resources from the Center to the
localities on the principle of lightness, efficiency and efficacy.
Article 3.- The Inspector
for the Protection of Aquatic Resources shall, within the scope of his tasks
and powers, has the duty to implement the public service in a timely ,
truthful, objective and lawful manner.
Article 4.- All
organizations and individuals, having activities related to the protection and
development of the aquatic resources, must obey this Statute and create
conditions for the convenience and efficiency of the activities of the
Inspectorate for the protection of Aquatic Resources.
Chapter II
TASKS AND POWERS OF THE INSPECTORATE FOR THE
PROTECTION OF AQUATIC RESOURCES
Article 5.- The
Inspectorate for the Protection of Aquatic Resources has the following tasks:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. To guide and organize the
implementation of the documents already promulgated concerning the protection
and development of the aquatic resources, and ensure their enforcement
throughout the country.
3. To educate the population and
the economic and social organizations in the sense of protecting and developing
the aquatic resources.
4. To inspect and control the
implementation of the regulations on the protection and development of the
aquatic resources, more concretely the regulations on:
- Professional standard,
instruments, methods, season, fishing ground and those aquatic resources
allowed for exploitation.
- The regime of registration,
technical safety of the means and equipment of fisheries already defined for
each level in the Aquatic Service.
- Quarantine and prevention and
fight against disease of aquatic resources, sanitation and veterinary medicine
for aquatic resources.
- Standards and quality of the
kinds and species of aquatic resources allowed for raising, exploitation,
transportation, consumption, processing, import and export, and the living
enviroment of aquatic products.
5. To cooperate with the other
branches and levels to inspect, check and control, prevent and handle the acts
of violation of the law on the protection and development of the aquatic
resources as prescribed. To propose measures for protecting and developing the
aquatic resources.
Article 6.- The
Inspectorate for the Protection of Aquatic Resources has the following powers:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. To ask for specialist
expertise in service of the inpsectorial work.
3. To temporarily suspend the
activities of the persons and means and equipment, if it detects serious acts
of violation of the law on the protection and development of aquatic resources,
or to suspend the means and equipment which fail to ensure technical safety as
prescribed.
4. To conclude, propose or
decide to handle, according to the provisions of law, the violations of the law
on protection and development of aquatic resources.
5. To impose fines on the
administrative violations of the regulations on the management, protection and
development of aquatic resources by organizations or individuals as provided by
the State.
6. To transfer the dossier and
documents to the investigatory agency to investigate the penal liability in
cases of violation showing signs of criminality.
Article 7.- The Minister
of Aquatic Resources shall base himself on the tasks and powers of the
Inspectorate for the Protection of Aquatic Resources stipulated at Articles 5
and 6 of this State to define the tasks and concrete tasks and powers of the
Inspectorate for the Protection of Aquatic Resources at the central and
provincial levels.
Article 8.- The
activities of the Inspectorate for the Protection of Aquatic Resources shall be
conducted through the organization of inspection and control teams, or by the
Inspector himself, according to each specialized domain.
Chapter III
ORGANIZATION OF THE INSPECTORATE FOR THE PROTECTION OF
AQUATIC PRODUCT RESOURCES, AND THE INSPECTOR
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The Inspector General for the
Protection of Aquatic Resources,
- The Deputy Inspectors General,
- The Chief Inspectors in the
provinces,
- The Deputy Chief Inspectors in
the provinces,
- The Inspectors.
The Inspector is assisted by a
number of Controllers in the realization of specialized inspection.
The Inspectorate for the
Protection of Aquatic Resources of any level shall be subject to the direct
leadership of the Head of the agency of the same level and to the professional
guidance of the State Inspectorate of the same level.
Article 10.- On the
nomination and dismissal of the Inspector General and Deputy Inspectors General
of various levels:
1. The Minister of Aquatic
resources shall nominate and dismiss the Inspector General for the Protection
of Aquatic Resources at the Center, at the proposal of the Head of the
Department for the Protection of Aquatic Resources.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The President of the People's
Committee in the province or city directly under the Central Government shall
nominate and dismiss the Chief Inspector for the Protection of Aquatic
Resources in the province, at the proposal of the Director of the Aquatic
Products Service.
The Director of the Aquatic
Products Service shall nominate and dismiss the Deputy Chief Inspectors for the
Protection of Aquatic Resources in the province, at the proposal of the Head of
the Sub-Department for the Protection of Aquatic Resources in the province and
the Chief Inspector for the Protection of Aquatic Resources in the province.
Article 11.- The
Inspector: The Inspector for the Protection of Aquatic Resources is a State
employee on the official payroll of the Department or Sub-Department for the
Protection of Aquatic Resources who meets the requirements stipulated in
Article 12 of this Statute, and who is assigned the task of inspecting the
implementation of the Ordinance on the Protection and Development of Aquatic
Resources.
Article 12.- Criteria of
an Inspector:
- He must have a good political
quality, a high sense of responsibility, honest, truthful and objective.
- Has reached the university
level in the aquatic resource economy and technical branches, and has the
necessary knowledge of law.
- He must have a required level
of professionalism in inspectorial work.
- He must have at least three
years of service in the aquatic service.
- He must be in good health and
can stand prolonged sea trips.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Inspector (Grade 1)
- Principal Inspector (Grade 2)
- High level Inspector (Grade 3)
The Minister of Aquatic
Resources shall reach agreement with the General Inspector of the State to make
concrete provisions on the training, fostering, granting and withdrawing the
Card of Inspector for the Protection of Aquatic Resources
The nomination and dismissal of
Inspectors shall be effected as currently prescribed by the Statute of
Inspector issued along with Decree No.191-HDBT on the 18th of June, 1991 of the
Council of Ministers.
Article 14.- The
Inspector for the Protection of Aquatic Resources is supplied with an insignia,
a badge, a uniform, a rain-coat, a hard cap, a helmet, a belt, leather shoes,
stockings, rubber boots, a briefcase, and other necessary outfits for the
inspectorial work.
The Minister of Aquatic
Resources shall reach agreement with the Minister of the Interior and the
General Inspector of the State to provide details about the insignia and badge
of the inspector, and with the Minister of Finance on the criteria and regimes
of using the different types of uniforms and equipment mentioned above, in
order to ensure seriousness while in mission, and the use of raw materials available
in the country and in an economic manner.
The other regimes of material
and spiritual remuneration for the Inspector for the Protection of Aquatic
Resources shall be defined by the Minister of Aquatic Resources, in
consultation with the Minister-Chairman of the Government Commission on
Organization and Personnel, the Minister of Labor, War Invalids and Social
Affairs, and the Minister of Finance on the basis of the current regulations of
the State.
Article 15.- While on
mission, the Inspector for the Protection of Aquatic Resources must put on his
uniform and wear his insignia, badge and inspector�s card.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter IV
COMPLAINTS, DENUNCIATIONS AND SETTLEMENT OF COMPLAINTS
AND DENUNCIATIONS
Article 17.- The person,
who is fined for administrative violations in the domain of the protection and
development of the aquatic resources, may file his complaint or denunciation to
the competent Inspectorate for the Protection of Aquatic Resources, as
stipulated in Article 36 of the Ordinance on the 30th of November, 1989 on
Sanctions Against Administrative Violations.
Article 18.- The
settlement of the complaints or denunciations about administrative sanctions in
the domain of protection and development of the aquatic resources shall be
effected according to Article 37 and Article 38 of the Ordinance on the 30th of
November, 1989 on Sanctions against Administrative Violations.
Article 19.- All other
complaints and denunciations by citizens related to the protection and
development of aquatic resources shall be settled according to the Ordinance on
the 2nd of May, 1991 on Complaints and Denunciations by Citizens.
Chapter V
REWARDS AND PENALTIES
Article 20.- Any
organization or individual that makes meritorious services in the protection of
aquatic resources shall be commended and rewarded according to the common
regime of the State.
Article 21.- Any person
who misuses his position or powers of inspectorate for the protection of
aquatic resources to infringe upon the lawful interests of any organizations
out of personal greed or other individualistic motivations, or who obstructs,
brides, takes retaliation against the persons carrying out the inspectorial
work for the protection of aquatic resources, or who violates the provisions of
this Statute or other provisions of the law inspection, shall, depending on the
nature and extent of the violation, be disciplined, subject to administrative
sanctions, or be investigated for penal liability as prescribed by law.