THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 49/1998/ND-CP
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Hanoi, July 13, 1998
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DECREE
ON THE MANAGEMENT
OF FISHERY ACTIVITIES OF FOREIGN INDIVIDUALS AND MEANS IN THE VIETNAMESE SEA AREAS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the June 23, 1994 Resolution of the National Assembly of the
Socialist Republic of Vietnam on the ratification of the 1982 United Nations
Convention on the Law of the Sea;
Pursuant to the April 25, 1989 Ordinance on Protection and Development of
Aquatic Resources;
Pursuant to the July 6, 1995 Ordinance on the Handling of Administrative
Violations;
At the proposal of the Minister of Aquatic
Resources,
DECREES:
Chapter I
GENERAL PROVISIONS
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The Ministry of Aquatic Resources shall assist
the Prime Minister in performing the uniform management over the fishery
activities of foreign individuals and means in the Vietnamese sea areas.
Article 2.- This Decree shall apply to
foreign individuals and means, including those belonging to foreign-invested
fishery enterprises established and operating under the Law on Foreign
Investment in Vietnam that conduct such activities as surveying, prospecting,
catching, rearing marine products, collecting and transporting reared and
exploited marine products (hereafter referred to as fishery activities for
short) in the Vietnamese sea areas.
Ships which are not engaged in marine
product-exploitation in fishery activities but enter and leave the national
ports in accordance with the Maritime Code to perform commercial import and/or
export contracts (including cases where the goods are marine products) shall
not be subject to this Decree.
Article 3.- The State of Vietnam shall
create favorable conditions for foreign individuals and means to conduct
fishery activities in the Vietnamese sea areas.
Article 4.- Foreign individuals and means
conducting fishery activities in the Vietnamese sea areas shall have to
strictly abide by Vietnamese laws; be subject to the supervision and control by
the Vietnamese marine control forces. All violations shall be dealt with
according to the provisions of this Decree and other provisions of Vietnamese
laws.
Article 5.- In this Decree the terms
below are construed as follows:
1. The "means owner" is the owner, the
shipmaster or manager of the means;
2. The "Vietnamese sea areas" are the
sea areas under the sovereignty and sovereignty jurisdiction of the Socialist
Republic of Vietnam according to the December 5, 1977 Declaration of the
Government of the Socialist Republic of Vietnam and the 1982 United Nations
Convention on the Law of the Sea ratified on June 23, 1994 by the National
Assembly of the Socialist Republic of Vietnam, including the internal waters,
the territorial sea, the contiguous zone, the exclusive economic zone and the
continental shelf;
3. "Foreign individuals" are persons
who do not hold Vietnamese nationality;
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Chapter II
FISHERY ACTIVITIES IN THE VIETNAMESE SEA AREAS
Article 6.- On the basis of investment
licenses, scientific research and cooperation, scientific and technical
cooperation contracts or other contracts for fishery (hereafter collectively
referred to as the licenses) which have been granted or approved by the
competent agencies of the Vietnamese State, foreign organizations and
individuals shall have to register with the Vietnamese Ministry of Aquatic
Resources the specific operations of their means so as to be granted fishery
activity registration papers before taking their means into the Vietnamese sea
areas.
Article 7.- The Vietnamese Ministry of
Aquatic Resources shall grant fishery activity registration papers (hereafter
referred to as the registration papers for short) to every foreign means within
five days from the date the concerned foreign organization or individual
completes the procedures to apply for such registration.
In cases where a registration paper expires
before the license, application for its extension may be made. Any change in
the contents of a registration paper must be approved by the Vietnamese
Ministry of Aquatic Resources.
When granting a registration paper, the
Vietnamese Ministry of Aquatic Resources shall be entitled to collect a fee according
to current regulations on fees and charges.
Article 8.- A registration paper shall be
invalidated in the following cases:
1. The license is suspended or canceled;
2. The registration paper expires or is altered,
erased or torn out;
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4. The registration paper is used for a wrong
means, a wrong person aboard the means or at variance with its contents.
Article 9.- After granting a registration
paper, the Vietnamese Ministry of Aquatic Resources shall have to notify the
concerned Vietnamese agencies at least five days before the foreign means
enters the Vietnamese sea area of the following contents:
1. The name, code and registration number of the
means;
2. The major features for identification of the
means;
3. A copy of the granted registration paper.
Article 10.- Foreign individuals and
means conducting fishery activities in the Vietnamese sea areas shall have to
strictly comply with the following regulations:
1. The name, code and registration number of the
means must be clearly written according to the contents of the registration
paper.
2. They must always carry the following papers:
a/ The fishery activity registration paper;
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c/ The personal papers of each person aboard the
means.
3. They shall have to operate in accordance with
the contents of the granted registration papers; strictly abide by Vietnamese
laws and observe the reporting regime prescribed by the Vietnamese Ministry of
Aquatic Resources;
4. In case of necessity, the Vietnamese Ministry
of Aquatic Resources shall appoint Vietnamese supervisors to conduct the
supervision aboard foreign means and notify the means owners thereof in
advance. Foreign means owners shall have to receive and ensure the working and
living conditions for such Vietnamese supervisors like those enjoyed by
officers aboard the means and ensure their right to use communication equipment
available on board the means so as to contact with the Vietnamese competent
agencies.
5. They shall have to create favorable
conditions for members of the Vietnamese marine control forces to perform their
official duty.
Article 11.- Foreign means which have had
registration papers shall be permitted to leave the Vietnamese sea areas only
after they have fulfilled their obligations under the signed contracts and
observed other relevant provisions of Vietnamese laws.
Article 12.- During the effective term of
the registration paper, if a means owner wishes to cease operation, he/she
shall have to report it to the Vietnamese Ministry of Aquatic Resources at
least seven days before the date he/she intends to cease operation; in cases
where operation ceases due to a force majeure reason, the Vietnamese Ministry
of Aquatic Resources must be notified thereof within 24 hours.
Article 13.- When accidents occur, the
means owners shall have to immediately notify the concerned Vietnamese agencies
at the nearest place, clearly stating the specific requirements for help and
rescue and they shall have to obey the settlement of consequences by these
agencies.
Article 14.- The Vietnamese marine
control forces, which take the prime responsibility for controlling fishery
activities, include: the coast guard, the border guard and the aquatic resource
protection inspectorate. The customs and other specialized inspectorate forces
shall have to join in controlling fishery activities in the Vietnamese sea
areas.
The tasks, powers and organizations of these
forces shall comply with the provisions of law.
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Chapter III
HANDLING OF VIOLATIONS
Article 15.- In cases where foreign
individuals or means violate Vietnamese laws and the provisions of this Decree,
the marine control forces shall promptly make on-the-spot reports thereon, seal
up all communication equipment and means, itinerary, locator and material
evidences; keep the means in its status quo conditions and escort it to a
nearest port or berth then hand it over together with all the documents and
evidences in accordance with the provisions of this Decree and other relevant
provisions of Vietnamese laws to agencies with handling competence.
The temporary seizure of people who violate the
regulations on fishery activities shall be resorted to only when the means
owners or the involved people personally commit the violations or obstruct
Vietnamese officials from performing their official duty.
Article 16.- Foreign individuals and
means that conduct fishery activities in the Vietnamese sea areas without
registration papers or with invalidated registration papers as stipulated in
Article 8 of this Decree shall be handled as follows:
1. The means owner shall be subject to a fine of
50 to 100 million Vietnam dong.
Apart from such fine, all the marine products,
fishing gears and other tools used in the illegal fishing of marine products
shall be confiscated.
2. For serious violations, the violators may be
examined for penal liability and if aquatic resources is damaged or the environment
is polluted they shall have to pay compensation therefor.
Article 17.- If foreign individuals and
means conducting fishery activities on the Vietnamese sea areas with
registration papers violate the provisions of this Decree or relevant provisions
of Vietnamese laws, they shall, depending on the seriousness, nature and
consequences of each violation, be handled as follows:
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2. Use of explosives, toxic chemicals, electric
pulses or storage of fishing gears not permitted for use in marine resource
exploitation shall be subject to a fine of 50 to 100 million Vietnam dong;
3. Exploitation of marine resources on the
Vietnamese State's list of aquatic resources banned from exploitation shall be
subject to a fine of 30 to 70 million Vietnam dong;
4. Destruction or change of the habitat of marine
resources shall be subject to a fine of 20 to 50 million Vietnam dong;
5. Pollution of the living water areas of marine
resources shall be subject to a fine of 10 million dong for water areas of less
than one hectare and 10 to 20 million dong per hectare for water areas of one
hectare or more.
6. Violations of the regulations on aquaculture,
on the manufacture, trading, import and export of aquatic breeds and feeds and
on the epidemic and disease prevention, veterinary hygiene inspection and
aquatic resource quarantine shall be subject to a fine of five to 20 million
Vietnam dong;
7. Deliberate obstruction or non-observance of
the guidance of the Vietnamese marine control force members on official duty
shall be subject to a fine of five to 20 million Vietnam dong;
8. Violations of the provisions in Clauses 1, 2,
3, 4 and 5 of this Article shall, in addition to a fine, also be subject to one
or several additional sanctions such as confiscation of all marine products,
confiscation of fishing gears and tools employed in the violating acts; and,
depending on each specific type of violation, the registration paper of the
violating means shall be suspended or temporarily suspended for three to six
months. For serious violations, the violators may be examined for penal
liability as prescribed by Vietnamese laws.
Article 18.-
1. Fined persons must quickly pay the fine and
compensation money within 30 days from the date they receive the fining
decision;
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3. Fines and compensation money may be collected
in a freely convertible foreign currency converted from the fines imposed in
the Vietnam dong at the exchange rate announced by the State Bank of Vietnam at
the time the fines are collected.
Article 19.- The competence for handling
violations committed by foreign individuals and means conducting fishery
activities in the Vietnamese sea areas is stipulated as follows:
1. The Ministry of Aquatic Resources:
a/ Settling complaints and denunciations
relating to the fishery activities of foreign individuals and means in the
Vietnamese sea areas as prescribed by law;
b/ Temporarily suspending, suspending or
revoking registration papers;
c/ Proposing to the Prime Minister or a
competent Vietnamese agency to suspend or revoke licenses as stipulated in
Article 6 of this Decree.
2. The presidents of the People's Committees of
the provinces and cities directly under the Central Government:
a/ Settling complaints and denunciations
relating to the fishery activities conducted by foreign individuals and means
in the Vietnamese sea areas according to their competence prescribed by law;
b/ Issuing decisions to fine or handle
violations of the provisions of this Decree;
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d/ Organizing the collection of fines and
compensation money; organizing the temporary seizure and return of foreign
individuals and means as prescribed by law.
3. The marine control forces:
a/ Seizing foreign means and persons aboard the
means that violate the provisions of this Decree or other provisions of
Vietnamese laws, making reports thereon, escorting and handing them over to the
competent agency for handling;
b/ Handling violations according to the
prescribed competence.
Article 20.- In cases where foreign
individuals and means are temporarily seized:
1. The People's Committees of the provinces and
cities directly under the Central Government shall have to notify the Ministry
for Foreign Affairs and the Ministry of Aquatic Resources thereof immediately
after the seizure for their coordination in handling the case;
2. The means owners shall have to bear all
expenses for the maintenance of their means as well as for meals, accommodation
and repatriation of violators during the time they are temporarily seized in Vietnam;
3. Temporarily seized means and equipment shall
be kept intact in the conditions described in the dossier and report on the
seizure and hand-over. In cases they are lost or damaged, the persons
responsible for temporarily maintaining them shall have to pay compensation.
Article 21.- Organizations and
individuals that deliberately commit wrong acts or acts beyond their competence
in granting registration papers and handling violations in contravention of the
provisions of this Decree and relevant law provisions shall, depending on the
seriousness of their violations, have to pay compensation for any damage, be
disciplined or examined for penal liability.
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IMPLEMENTATION PROVISIONS
Article 22.- This Decree takes effect 15
days after its signing and replaces Decree No. 437-HDBT of December 22, 1990 of
the Council of Ministers (now the Government).
Article 23.- In cases where an
international agreement on fishery which the Socialist Republic of Vietnam has
signed or acceded to contains provisions different from the provisions of this
Decree, such international agreement shall apply.
Article 24.- The Minister of Aquatic
Resources shall coordinate with the concerned ministries and branches in
implementing this Decree.
Article 25.- The 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
Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai