Decree No. 41/2026/ND-CP dated January 25, 2026 on elaboration of several Articles and measures for implementation of the Law on Fisheries

• Official number: 41/2026/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Tran Hong Ha
• Issued Date: 25/01/2026

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No. 41/2026/ND-CP	Hanoi, January 25, 2026

DECREE

ELABORATION OF SEVERAL ARTICLES AND MEASURES FOR IMPLEMENTATION OF THE LAW ON FISHERIES

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Fisheries No. 18/2017/QH14 amended and supplemented by the Law No. 31/2024/QH15, Law No. 43/2024/QH15 and Law No. 146/2025/QH15;

At the request of the Minister of Agriculture and Environment;

The Government hereby promulgates a Decree on elaboration of several Articles and measures for implementation of the Law on Fisheries.

Chapter I

GENERAL PROVISIONS

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This Decree:

1. Elaborates contents falling within the Government’s competence prescribed in clause 5 Article 21; Article 24; clause 5 Article 25; clauses 2 and 4 Article 28; Article 32; clause 5 Article 34; clauses 2, 3 and 6 Article 35; clause 5 Article 38; clauses 1 and 3 Article 44; clause 1 Article 48; clause 2 Article 50; clause 3 Article 51; clause 2 Article 53; clause 7 Article 56; Article 63; clause 4 Article 64; clause 1 Article 66; Article 68; clause 4 Article 69; Article 72; clause 2 Article 89 of the Law on Fisheries No. 18/2017/QH14 dated November 21, 2017 amended and supplemented by the Law No. 31/2024/QH15, Law No. 43/2024/QH15 and Law No. 146/2025/QH15 (hereinafter referred to as the “Law on Fisheries”).

2. Provides for Supervisors on board Viet Nam’s fishing vessels operating in Viet Nam’s waters; issuance of licenses for export of aquatic species on the List of aquatic species prohibited from export or the List of aquatic species subject to conditional export but failing to satisfy conditions for scientific research or international cooperation purposes; control of foreign fishing vessels engaged in fishing, transport or transshipment of fish and fisheries products originating from catches entering Viet Nam’s ports; control of fish and fisheries products originating from catches transported by containers for import into Viet Nam; responsibilities of relevant agencies and organizations for control of foreign fishing vessels engaged in fishing, transport or transshipment of fish and fisheries products originating from catches entering Viet Nam’s ports and for control of fish and fisheries products originating from catches transported by containers for import into Viet Nam; minimum allowable catch sizes of aquatic species living in natural waters; responsibilities of relevant Ministries and central authorities and responsibilities of provincial People’s Committees.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign organizations and individuals carrying out or involved in fishing activities in the inland, on islands or archipelagoes and in Viet Nam’s waters; Vietnamese organizations and individuals carrying out fishing activities outside Viet Nam’s waters.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. Aquaculture means the control and management of the farming and cultivation of aquatic organisms in a particular environment for the purpose of producing products to meet human needs.

2. Intensive aquaculture means a form of aquaculture involving high stocking densities, use of aquaculture feeds, and application of technical measures to maximize productivity and production per unit of farming area or volume.

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4. Aquaculture substrate means a material or structure used in an aquaculture area to provide a surface for attachment and a place for the cultured aquatic species to live, shelter and grow.

5. Coastal route means a polyline formed by line segments connecting point 01 through point 18. The coordinates of the points 01 through 18 shall be defined by the longitude and latitude specified in the Appendix III to this Decree.

6. Inshore route means a polyline formed by line segments connecting point 01’ through point 18’. The coordinates of the points 01’ through 18’ shall be defined by the longitude and latitude specified in the Appendix III to this Decree.

7. Fishing vessel monitoring system (hereinafter referred to as “VMS”) means a system integrated with equipment that is installed on a fishing vessel connected to the fishing vessel monitoring data center to manage and track the voyage and operation of the fishing vessel.

8. Fishing vessel tracking unit (hereinafter referred to as “VTU”) installed on board a fishing vessel means the terminal equipment that receives, stores and transmits information about activities of the fishing vessel; is activated and set to transmit data to the fishing vessel monitoring software.

9. Fishing vessel monitoring data means data on the position and voyage of a fishing vessel that have been updated and stored on the fishing vessel monitoring software managed by the state management agency for fisheries under the Ministry of Agriculture and Environment (hereinafter referred to as “the fisheries agency under the Ministry of Agriculture and Environment”.

10. “fish transshipment” means an act of transferring caught fish and fisheries products from one vessel to another vessel.

11. Fisheries resource catching logistics vessels include vessels used to explore, search and trap aquatic resources, vessels used to transport (transship or process) fish and fisheries products (except vessels transporting fish and fisheries products by containers).

12. Illegal fishing means fishing activities conducted by Vietnamese or foreign vessels without permission in maritime waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations; conducted by fishing vessels flying the flag of States that are contracting parties to a relevant regional fisheries management organization, but which operate in contravention of the conservation and management measures adopted by that organization and by which those States are bound; or activities in violation of the applicable international law and relevant international obligations.

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14. Unregulated fishing means fishing activities conducted in the area of application of a relevant regional fisheries management organization by fishing vessels without nationality, by fishing vessels flying the flag of a State not party to that organization or by any other fishing entity, in a manner that contravenes the conservation and management measures of that organization; or conducted in areas or for fish stocks in relation to which there are no applicable conservation or management measures by fishing vessels in a manner that contravenes State responsibilities for the conservation of living marine resources under international law.

15. Storm shelter for fishing vessels means a dedicated area for fishing vessels to anchor for sheltering from storms, including storm shelter infrastructure, logistics service facilities, water areas for vessel mooring, navigation channels to storm shelters and administrative zones.

a) Storm shelter infrastructure includes dykes, breakwaters, alluvial control embankments; navigation channels; anchorages (piers, mooring buoys, anchor chains and anchor blocks); system of buoys, signboards; lighting system; communication systems;

b) Logistics service facilities of storm shelters include facilities providing essential services (fresh water, food, communications, health, supplies, minor repair, rescue, incident handling) serving fishermen and fishing vessels to meet urgent requirements and handle accidents;

c) Water areas for vessel mooring are water areas in front of wharves, waters reserved for vessel mooring, navigation channels to areas for ship mooring, water areas reserved for supply and logistics services;

d) Navigation channels to storm shelters are navigation channels connecting water areas where vessels operate to the water areas for vessel mooring.

dd) Administrative zones include infrastructure and equipment serving management and administration of activities of storm shelters (lodging houses, operations and security houses; internal roads; electric power and water supply, wastewater treatment, fire prevention and fighting systems; equipment).

16. Large fisheries center means an area associated with a fishing ground that has advantages in terms of economy, society, natural resources, material sources and technical infrastructure, has boundaries and its own operating regulations, and acts as a conduit for uninterrupted and interconnected fisheries production, trade and logistics service provision to reduce costs and improve competitiveness, including: special functional zones and specialized facilities.

a) Special functional zones include fish processing areas; areas for repairing and producing fishing gear and nets, building and repairing ships, and supplying machinery and equipment for fishing vessels, and maritime and communication equipment; storm shelters; fishing vessel survey and certification centers; regional fisheries resource surveillance agencies, wharves for anchorage by fisheries resource surveillance ships and boats; rescue centers;

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17. VTU supplier means a unit publicly notified by the fisheries agency under the Ministry of Agriculture and Environment in accordance with regulations.

18. Vessels serving aquaculture means a watercraft equipped by an aquaculture facility and used to transport tools, supplies, equipment and cultured fish between the shore and aquaculture areas, or to perform other operations serving aquaculture. An vessel serving aquaculture has a maximum length of 06 meters or more must be registered, and one with a maximum length of 12 meters or more must undergo survey and certification in accordance with regulations applicable to fishing vessels.

19. Self-formulated aquaculture feed in aquaculture means feed that an aquaculture facility formulates and processes itself from locally available raw materials or from aquatic, agricultural, food and fishery by-products; such feed may only be used at the aquaculture facility and shall not be placed on the market.

20. Provincial-level state management agency for fisheries (hereinafter referred to as “provincial fisheries agency”) means a Sub-Department assigned to perform state management of fisheries and fisheries surveillance, or the Department of Agriculture and Environment (for a locality where there is no Sub-Department responsible for state management of fisheries and fisheries surveillance).

Article 4. General provisions on implementation of administrative procedures under this Decree

1. Organizations and individuals may submit dossiers and receive results of administrative procedure handling by the following methods:

a) Directly at the Single-Window Section;

b) Through public postal services in accordance with regulations of the Prime Minister, through services provided by enterprises or individuals, or through authorization as prescribed by law, for submission to the Single-Window Section;

c) Online through the National Public Service Portal or the National Identification Application.

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a) For the dossiers submitted by the methods specified in points a and b clause 1 of this Article: dossier components shall be original copies or physical original copies or certified true copies or authenticated copies. When submitting a dossier by the method specified in point a of clause 1 of this Article, an organization or individual may submit certified true copies and present the physical original copies for comparison at the time of submission instead of submitting authenticated copies;

b) For dossiers submitted by the method specified in point c of clause 1 of this Article: dossier components shall be original copies created online or original copies or physical original copies scanned in accordance with regulations.

3. Number of dossier sets: 01 set.

4. Receipt of administrative procedure dossiers, methods of payment of fees, charges and other financial obligations, and methods of returning results of administrative procedure handling shall comply with the Government’s regulations on initiation of administrative procedures by employing single-window system and inter-agency single-window system at single-window section and national public service portal.

5. Where a dossier is in a foreign language, it must be accompanied by a Vietnamese translation certified in accordance with regulations.

6. Organizations and individuals shall be responsible to the law for the legitimacy of the dossiers submitted.

7. In the event of a natural disaster or disease that makes it impossible to conduct a physical inspection or assessment at a facility for the issuance of a license, certificate or written approval, or to inspect facility’s fulfillment of conditions or facility’s maintenance of fulfillment of conditions:

a) The competent authority may apply the method of online assessment when the facility satisfies the requirements for resources and technical means necessary for conducting assessment; the facility shall provide relevant physical or electronic dossiers and documents to the competent authority or suspend or extend the license, certificate, written approval or time limit for inspection or inspection of maintenance for a fixed period of time;

b) Producers, traders and conformity assessment bodies shall take legal responsibility for the accuracy of the information, documents, images and dossiers provided to the licensing authority. Physical inspection, verification and assessment shall be conducted after the localities have brought the natural disaster or disease under control in accordance with law; licenses shall be immediately revoked and violations shall be handled in accordance with law in cases where organizations or individuals commit violations;

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8. Where this Decree contains provisions different from those specified in clauses 1, 2, 3, 4 and 5 of this Article, such provisions shall apply.

Chapter II

FISHERIES RESOURCES PROTECTION AND DEVELOPMENT FUNDS

Article 5. Functions and tasks of fisheries resources protection and development funds

1. A fisheries resource protection and development fund exercise the functions of providing support for programs, projects and non-project activities in the field of fisheries resources protection and development nationwide that are not included in the budget plan.

2. Tasks of a fisheries resources protection and development fund:

a) Mobilize, receive and manage funding provided by domestic and foreign voluntary contributors, sponsors, charities and trustees;

b) Organize the appraisal, decide to support, inspect, supervise and commission programs, projects and non-project activities supported by the fund;

c) Comply with regulations on finance and accounting specified in the Law on State Budget, Law on Accounting and relevant laws;

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dd) Perform other tasks as prescribed by the competent state agencies .

Article 6. Organizational structures of fisheries resources protection and development funds

1. Name of a fisheries resources protection and development fund is provided for as follows:

a) At the central level, it is named Viet Nam Fisheries Resources Protection and Development Fund (hereinafter referred to as the “central fund”);

b) At the provincial level, it is named “Fisheries Resources Protection and Development Fund of … [name of province or city]” (hereinafter referred to as the “provincial fund”);

2. Fisheries Resources Protection and Development Funds shall operate on a part-time basis and are provided for as follows:

a) Central fund: the Fund’s management apparatus shall comprise civil servants, public employees and employees of the Ministry of Agriculture and Environment, as decided by the Minister of Agriculture and Environment;

b) Provincial fund: the Fund’s management apparatus shall comprise civil servants, public employees and employees of the Department of Agriculture and Environment, as decided by the Chairperson of the provincial People’s Committee.

Article 7. Operation mechanisms of fisheries resources protection and development funds

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2. The central fund has the responsibility to:

a) Manage and use financial sources as prescribed in Article 8 of this Decree;

b) Provide guidance on, inspect and supervise the management and use of its funding sources;

c) Provide guidance on and exchange experience in management and operation of the fund;

d) Provide financial or technical assistance to provincial funds and community funds through programs, projects and non-project activities (if any).

3. A provincial fund has the responsibility to:

a) Manage and use financial sources as prescribed in Article 8 of this Decree;

b) Provide financial or technical assistance to community funds through programs, projects and non-project activities;

c) Receive, manage and use financial and technical assistance (if any) of the central fund;

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Article 8. Management and use of financial sources of fisheries resources protection and development funds

1. Financial sources for forming fisheries resources protection and development funds shall comply with clause 4 Article 21 of the Law on Fisheries; shall be managed in accordance with law on management of off-budget financial funds and relevant laws.

2. The central fund may cover expenses for the following main activities:

a) Propagating, educating about; popularizing and multiplying typical examples of protection and development of fisheries resources nationwide;

b) Restoring ecosystem, regenerating fisheries resources; providing support for career change and sustainable livelihood nationwide;

c) Implementing programs and projects and other non-project activities entrusted by domestic and foreign organizations and individuals nationwide;

d) Its apparatus operation and professional activities as per applicable regulations;

dd) Providing financial support for provincial funds and community funds.

3. A provincial fund may cover expenses for the following main activities:

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b) Providing financial support for community funds.

4. Fisheries resources protection and development funds shall provide financial support for domestic organizations, individuals, households and community organizations that implement programs, projects and non-project activities prescribed in clause 2 of this Article.

5. Fisheries resources protection and development funds may provide total or partial financial support for the implementation of programs, projects or non-project activities specified in clause 2 of this Article.

6. Plans for revenues and expenditures, and annual statements of final accounts:

a) A fund’s plan for revenues and expenditures shall be submitted to the Ministry of Agriculture and Environment for approval, for the central fund, or to the provincial People’s Committee for approval, for a provincial fund;

b) A fund’s statement of final accounts must comply with the law on state budget and relevant laws.

Chapter III

AQUACULTURE

Section 1. MANAGEMENT OF AQUATIC BREEDS

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1. Physical facilities and equipment for aquatic breed production and nursing prescribed in point a clause 1 Article 24 of the Law on Fisheries are specified as follows:

a) The feedwater and wastewater treatment system and system of ponds, tanks and cages must meet quality and biosafety control requirements; the living area must be separated from production and nursing areas.

b) Equipment must meet quality and biosafety control requirements; equipment for waste collection and treatment must not adversely impact production and raising areas.

2. The quality and biosafety control system prescribed in point c clause 1 Article 24 of the Law on Fisheries shall include the following: water for production and nursing; aquatic breeds in the production process; sanitation and the collection and treatment of wastewater and waste; destruction of carcasses of aquatic animals or aquatic animals infected with diseases requiring destruction; control of aquatic breeds escaping into the external environment and harmful animals entering facilities; feeds, drugs and environmental treatment products in aquaculture.

Article 10. Issuance, re-issuance and revocation of certificates of eligible aquatic breed production and nursing facility and provisions on aquatic breed production and nursing facilities’ maintenance of conditions

1. Competent agencies shall grant, re-grant and revoke certificates of eligible aquatic breed production and nursing facility, and inspect aquatic breed production and nursing facilities’ maintenance of fulfillment of conditions as follows:

a) The fisheries agency under the Ministry of Agriculture and Environment shall issue, re-issue and revoke certificates of eligible facility; inspect the maintenance of fulfillment of conditions for parental aquatic breed production and nursing by facilities producing and nursing parental aquatic breeds and by facilities producing and nursing both parental aquatic breeds and aquatic breeds other than parental aquatic breeds;

b) Provincial fisheries agencies shall issue, re-issue and revoke certificates of eligible aquatic breed production and nursing facility; inspect the maintenance of fulfillment of conditions by aquatic breed production and nursing facilities in their provinces, except the case specified in point a of this clause;

c) Where a facility that has been issued with a certificate of eligible aquatic breed production and nursing facility adjusts its aquatic breeds in a manner that results in a change from the management competence specified in point a to that specified in point b clause 1 of this Article, the facility shall carry out the procedures for re-issuance of the certificate of eligible aquatic breed production and nursing facility at the provincial fisheries agency. The number of the re-issued certificate of eligible aquatic breed production and nursing facility shall be the same as that of a newly issued certificate.

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a) An application form for issuance of a certificate of eligible aquatic breed production and nursing facility, which is made using the Form No. 01.NT in the Appendix I to this Decree;

b) An explanatory report to the physical and technical facilities of the aquatic breed production and nursing facility, which is made using the Form No. 02.NT in Appendix I to this Decree.

3. An application dossier for re-issuance of a certificate of eligible aquatic breed production and nursing facility shall be composed of:

a) An application, which is made using the Form No. 01.NT in the Appendix I to this Decree;

b) Documents proving the change, in case of change to information relating to the organization or individual.

4. Procedures for issuance or re-issuance of a certificate of eligible aquatic breed production and nursing facility are as follows:

a) Procedures for issuance of a certificate of eligible facility:

The organization or individual shall submit an application dossier to the agency assigned by the Minister of Agriculture and Environment or Chairperson of the provincial People’s Committee to receive administrative procedure dossiers.

Within 09 working days from the receipt of a sufficient and valid application dossier, the competent agency specified in clause 1 of this Article shall inspect the facility’s fulfillment of conditions according to the Form No. 03.NT in the Appendix I to this Decree.

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Where the facility fails to satisfy the conditions, it shall take corrective actions and submit a corrective action report to the competent agency within a maximum period of 90 days. Where necessary, the competent agency shall conduct an inspection of the matters that have been corrected. Where the facility satisfies the conditions, within 01 working day from the end of the inspection, the competent agency shall issue the certificate according to the Form No. 04.NT in Appendix I to this Decree. In case of refusal to issue the certificate, the competent agency shall give a written response clearly stating the reason therefor.

b) Procedures for re-issuance of a certificate of eligible facility:

In the cases specified in clause 3 Article 25 of the Law on Fisheries or point c clause 1 of this Article, the organization or individual shall submit the dossier prescribed in clause 3 of this Article to the agency assigned by the Minister of Agriculture and Environment or the Chairperson of the provincial People's Committee to receive administrative procedure dossiers.

Within 02 working days from the receipt of a sufficient and valid dossier, the competent agency shall re-issue the certificate according to the Form No. 04.NT in the Appendix I to this Decree. In case of refusal to re-issue the certificate, the competent agency shall give a written response clearly stating the reason therefor.

5. Contents of inspection of aquatic breed production and nursing facility’s fulfillment of conditions:

a) Examination of the application dossier for issuance or re-issuance of a certificate;

b) Physical inspection at the facility as prescribed in clause 1 Article 24 of the Law on Fisheries, and Article 9 of this Decree.

6. Inspection of maintenance of conditions:

a) Inspection of a facility’s maintenance of fulfillment of conditions shall be conducted at intervals of not less than 12 months and not more than 15 months from the date on which the facility was first certified eligible or from the date of the previous inspection of the maintenance as prescribed.

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b) The inspecting authority shall notify the facility of the time of inspection of the maintenance of fulfillment of conditions at least 05 working days in advance and shall inspect the facility’s maintenance of fulfillment of conditions according to the contents prescribed in Form No. 03.NT in Appendix I to this Decree.

Where the facility fully maintains the conditions, within 05 working days from the end of the inspection, the verification authority shall notify the inspected facility of the inspection results and the period of maintenance.

Where the facility actually produces or nurses aquatic breeds but fails to fully maintain the conditions prescribed in point c clause 1 Article 24 of the Law on Fisheries and clause 2 Article 9 of this Decree, the facility shall take corrective actions and send a corrective action report to the inspecting authority within 30 days. Within 05 working days from the date of receiving the corrective action report, the inspecting authority shall notify the facility of the results and the period of maintenance.

c) During the period of maintenance, where the facility no longer wishes to maintain the conditions as prescribed, it shall notify the competent agency specified in clause 1 of this Article for the revocation or adjustment of the certificate of eligible aquatic breed production and nursing facility and for public disclosure on the website of the agency competent to issue the certificate.

7. Upon detecting that a facility commits any of the violations specified in clause 4 Article 25 of the Law on Fisheries, the competent agency shall take the following actions:

a) Where the facility fails to maintain the conditions prescribed in any of points a, b and d clause 1 Article 24 of the Law on Fisheries and clause 1 Article 9 of this Decree, the competent agency shall impose penalties for administrative violations and issue a decision to revoke, or request the competent agency to revoke, the certificate of eligible aquatic breed production and nursing facility, and publicly disclose such information on the website of the fisheries agency under the Ministry of Agriculture and Environment;

b) Where the facility actually produces or nurses aquatic breeds but fails to maintain or inadequately maintains and is unable to take corrective actions for, the conditions prescribed in point c clause 1 Article 24 of the Law on Fisheries and clause 2 Article 9 of this Decree, the competent agency shall penalties for administrative violations and issue a decision to revoke, or request the competent agency to revoke, the certificate of eligible aquatic breed production and nursing facility, and publicly disclose such information on the website of the fisheries agency under the Ministry of Agriculture and Environment;

c) Where the facility violates the provisions of point a or point c clause 4 Article 25 of the Law on Fisheries, the competent authority shall impose penalties for administrative violations in accordance with regulations and issue a revocation decision or request the competent authority to revoke, the certificate of eligible aquatic breed production and nursing facility, and publicly disclose such information on the website of the fisheries agency under the Ministry of Agriculture and Environment.

8. When participating in the aquatic breed production or nursing with applicable standards declared by another facility, a facility having the certificate of eligible aquatic breed production and nursing facility shall:

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b) Fulfill the obligations prescribed in points b, c, dd, e, g and h clause 2 Article 26 of the Law on Fisheries. Compile and archive a dossier during the production and nursing process, and provide one copy thereof to the facility owning the aquatic breed with declared applicable standards for tracing purposes.

9. When carrying out production or nursing at another facility having certificate of eligible facility, a facility owning the aquatic breed with declared applicable standards shall fulfill the obligations prescribed in points a, d and g clause 2 Article 26 of the Law on Fisheries and archive a dossier during the production and nursing process.

10. An aquatic breed nursing facility not covered by clause 11 Article 3 of the Law on Fisheries shall satisfy the conditions prescribed in points a, b and c clause 1 Article 24 of the Law on Fisheries and may, upon request, be issued or re-issued with a certificate of eligible aquatic breed production and nursing facility (except parental aquatic breeds).

Article 11. Conditions to be satisfied by aquatic breed testing facilities

1. Physical facilities and technical equipment prescribed in point b clause 2 Article 28 of the Law on Fisheries must satisfy the following requirements:

a) In case the testing is carried out at the stage of aquatic breed production and nursing, the provisions set forth in point a clause 1 Article 24 of the Law on Fisheries and clause 1 Article 9 of this Decree shall be complied with;

b) In case the testing is carried out at the stage of commercial aquaculture, the provisions set forth in point b clause 1 Article 38 of the Law on Fisheries and Article 19 of this Decree shall be complied with.

2. Conditions for biosafety and environmental protection prescribed in point c clause 2 Article 28 of the Law on Fisheries: Testing aquaculture zones must be separated from aquatic breed production zones and other commercial aquaculture zones.

Article 12. Aquatic breed testing contents and procedures

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2. An application dossier for aquatic breed testing includes:

a) An application, which is made using the Form No. 05.NT in the Appendix I to this Decree;

b) A testing proposal, which is made using the Form No. 06.NT in the Appendix I to this Decree.

3. Procedures:

a) The applicant shall submit an application dossier for aquatic breed testing to the agency assigned by the Chairperson of the provincial People’s Committee to receive administrative procedure dossiers;

b) Within 08 working days from the receipt of a sufficient and valid application dossier, the agency assigned by the Chairperson of the provincial People’s Committee to handle administrative procedures shall appraise the dossier and organize inspection of the testing facility’s fulfillment of conditions according to the Form No. 07.NT in the Appendix I to this Decree, submit the testing proposal to the Chairperson of the provincial People’s Committee for approval according to the Form No. 08.NT in the Appendix I to this Circular, and issue a license to import aquatic breeds to the applicant for the testing purpose (in the case of imported products) provided that the dossier is satisfactory and the conditions are fully satisfied. Such agency shall concurrently send the decision approving the testing proposal to the Ministry of Agriculture and Environment. In case the dossier is unsatisfactory and conditions are not fully satisfied, the agency shall give a written response clearly stating the reasons therefor.

4. Contents of aquatic breed testing: Based on the biological characteristics of each aquatic species and its intended uses, a testing proposal shall be developed to determine distinctness, stability and uniformity in terms of productivity, quality and disease resistance, and to assess the degree of invasiveness of the tested species.

5. Inspection of testing activities:

a) Inspecting authority: The agency assigned by the Chairperson of the provincial People's Committee to carry out administrative procedures;

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6. Recognition of aquatic breed testing results:

a) Within 08 working days from the date of receipt of the testing results report, the agency assigned by the Chairperson of the provincial People's Committee to carry out administrative procedures shall organize an assessment of the testing results and submit them to the Chairperson of the provincial People's Committee for issuance of a decision recognizing results of aquatic breed testing according to the Form No. 09.NT in the Appendix I to this Decree. In the case of refusal to recognize the results, a written response specifying the reasons therefor shall be given.

b) Within 01 working day from the date of issuing the decision recognizing tested aquatic breed, the agency assigned by the Chairperson of the provincial People's Committee to handle administrative procedures shall publish the decision on its web portal or website and concurrently send it to the Ministry of Agriculture and Environment.

Section 2. AQUACULTURE FEEDS, ENVIRONMENTAL TREATMENT PRODUCTS IN AQUACULTURE

Article 13. Conditions to be satisfied by facilities producing aquaculture feeds and environmental treatment products in aquaculture

1. Factories and equipment prescribed in point c clause 1 Article 32 of the Law on Fisheries are specified as follows:

a) Factories must have solid structures on well-drained floors with a continuous and one-way flow from raw materials to finished products; their walls, ceilings, partitions and doors must meet the quality control and biosafety requirements; it is required to ensure that no cross-contamination occurs in areas for storage of equipment, raw materials and finished products;

b) Equipment in contact with raw materials and finished products must meet control and biosafety quality requirements; equipment for waste collection and treatment must not cause environmental pollution in production areas. In the case of a facility producing microorganic biomass for production of biological preparations or microorganisms, there must be equipment for creating medium, storing and culturing microorganisms.

2. The quality and biosafety control system prescribed in point dd clause 1 Article 32 of the Law on Fisheries must be developed and applied to each type of product and must be composed of water for production; raw materials, packaging and finished products; production process; recycling; retention of samples; inspection, calibration and adjustment of equipment; pest control; factory sanitation, waste collection and waste treatment.

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1. Competence in issuance, re-issuance and revocation of certificates of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture is as follows:

a) The fisheries agency under the Ministry of Agriculture and Environment shall inspect, issue, re-issue and revoke certificates of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture and inspect facilities’ maintenance of fulfillment of conditions for production of aquaculture feeds and environmental treatment products in aquaculture in respect of foreign investors and foreign-invested economic organizations;

b) Provincial fisheries agencies shall inspect, issue, re-issue and revoke certificates and inspect the maintenance of fulfillment of conditions by facilities producing aquaculture feeds and environmental treatment products in aquaculture in their provinces, except the production facilities specified in point a of this clause.

c) Where a facility that has been issued with a certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture changes its investment activities in a manner that results in a change from the management competence specified in point a to that specified in point b clause 1 of this Article, the facility shall carry out the procedures for re-issuance of the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture at the state management agency with new management competence. The number of the re-issued certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture shall be the same as that of a newly issued certificate.

2. An application dossier for issuance of a certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture shall comprise:

a) An application form for issuance of a certificate of eligibility for aquatic breed production or nursery, which is made using the Form No. 10.NT in the Appendix I to this Decree;

b) An explanatory report to the facility’s fulfillment of conditions, which is made according to the Form No. 11.NT in the Appendix I to this Decree.

3. An application dossier for re-issuance of the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture shall comprise:

a) An application form for re-issuance of a certificate of eligible facility producing aquaculture feeds and environmental treatment products, which is made using the Form No. 10.NT in the Appendix I to this Decree;

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4. Procedures for issuance or re-issuance of the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture:

a) Procedures for issuance of the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture:

The organization or individual shall submit an application dossier prescribed in clause 2 of this Article to the agency assigned by the Ministry of Agriculture and Environment or Chairperson of the provincial People’s Committee to receive administrative procedure dossiers.

Within 09 working days from the receipt of a sufficient and valid application dossier, the competent agency specified in clause 1 of this Article shall inspect the production facility’s fulfillment and prepare an inspection record according to the Form No. 12.NT in the Appendix I to this Decree.

Where the inspection results show that the facility satisfies the conditions, within 01 working day from the end of the inspection, the competent agency shall issue the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture according to the Form No. 13.NT in Appendix I to this Decree.

Where the facility fails to satisfy the conditions, it shall take corrective actions and submit a corrective action report to the competent agency within a maximum period of 90 days. Where necessary, the competent agency shall conduct an inspection of the matters that have been corrected. Where the facility satisfies the conditions, within 01 working day from the end of the inspection, the competent agency shall issue the certificate according to the Form No. 13.NT in Appendix I to this Decree. In case of refusal to issue the certificate, the competent agency shall give a written response clearly stating the reason therefor.

b) Procedures for re-issuance of the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture:

In the cases specified in clause 3 Article 34 of the Law on Fisheries or point c clause 1 of this Article, the organization or individual shall submit the dossier prescribed in clause 3 of this Article to the agency assigned by the Minister of Agriculture and Environment or the Chairperson of the provincial People's Committee to receive administrative procedure dossiers;

Within 02 working days from the date of receiving a sufficient and valid dossier, the competent agency specified in clause 1 of this Article shall re-issue the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture according to the Form No. 13.NT in the Appendix I to this Decree. In case of refusal to issue the certificate, the competent agency shall give a written response clearly stating the reasons therefor.

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a) Inspection of the application dossier for issuance of the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture, and the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture;

b) Physical inspection of fulfillment of conditions at the facility producing aquaculture feeds and environmental treatment products in aquaculture as prescribed in Article 32 of the Law on Fisheries and Article 13 of this Decree.

6. Inspection of maintenance of fulfillment of conditions:

a) Inspection of a facility’s maintenance of fulfillment of conditions shall be conducted at intervals of not less than 12 months and not more than 15 months from the date on which the facility was first certified eligible or from the date of the previous inspection of maintenance as prescribed.

Where the facility has been issued with a certificate of conformity of quality management system with law by a conformity assessment body as prescribed by law, the inspection of a facility’s maintenance of fulfillment of conditions shall be conducted at intervals of not less than 24 months and not more than 30 months from the date on which the facility was first certified eligible or from the date of the previous inspection of the maintenance as prescribed.

b) The inspecting authority shall notify the facility of the time of inspection of the maintenance of fulfillment of conditions at least 05 working days in advance and shall inspect the facility’s maintenance of fulfillment of conditions according to the Form No. 12.NT in Appendix I to this Decree.

Where the facility fully maintains the conditions, within 05 working days from the end of the inspection, the inspecting authority shall notify the inspected facility of the inspection results and the period for maintenance.

Where the facility actually produces aquaculture feeds or environmental treatment products in aquaculture but fails to fully maintain the conditions prescribed in point dd clause 1 Article 32 of the Law on Fisheries and clause 2 Article 13 of this Decree, the facility shall take corrective actions and send a corrective action report to the inspecting authority within 30 days. Within 05 working days from the date of receiving the corrective action report, the inspecting authority shall notify the facility of the results and the period of maintenance.

c) During the period of maintenance, where the facility no longer wishes to maintain the conditions as prescribed, it shall notify the competent agency specified in clause 1 of this Article for the revocation or adjustment of the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture and for public disclosure on the website of the agency competent to issue the certificate.

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a) Where the facility fails to maintain the conditions prescribed in any of points a, b, c, d and e clause 1 Article 32 of the Law on Fisheries and clause 1 Article 13 of this Decree, the competent agency shall impose penalties for the violation and issue a decision to revoke, or request the competent agency to revoke, the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture, and publicly disclose such information on the website of the agency competent to issue the certificate.

b) Where the facility produces or fails to maintain or to fully maintain, but is unable to take corrective actions for, the conditions prescribed in point dd clause 1 Article 32 of the Law on Fisheries and clause 2 Article 13 of this Decree, the competent agency shall impose penalties for the violation and issue a decision to revoke, or request the competent agency to revoke, the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture, and publicly disclose such information on the website of the agency competent to issue the certificate.

c) Where the facility violates the provisions of point a or point c clause 4 Article 34 of the Law on Fisheries, the competent authority shall impose penalties for the violation and issue a decision to revoke, or request the competent agency to revoke, the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture, and publicly disclose such information on the website of the agency competent to issue the certificate.

8. When participating in one, several or all of stages of the production process with applicable standards declared by another facility, a facility having the certificate of eligible facility producing aquaculture feeds and environmental treatment products in aquaculture shall:

a) Produce products in conformity with the conditions stated in the certificate. Before production, send a written notification to the fisheries agency under the Ministry of Agriculture and Environment and provincial fisheries agency for supervision and management;

b) Fulfill the obligations prescribed in points a and e clause 1 Article 37 of the Law on Fisheries. Compile and archive a dossier during the production process, and provide one copy thereof to the facility owning the aquatic breed with declared applicable standards for tracing purposes;

c) When having products produced at another facility holding the certificate of eligible facility, the facility having products with declared applicable standards shall fulfill the obligations prescribed in points b, d, dd and e clause 1 Article 37 of the Law on Fisheries and archive dossiers throughout the production process and label the goods in accordance with the law on goods labeling.

9. Facilities not required to obtain the certificate of eligible facility producing aquaculture feed ingredients include: primary production facilities (crop cultivation, farming, aquaculture, collection, catching and fishing facilities); facilities producing self-formulated aquaculture feeds.

10. Ingredients used for self-formulation of aquaculture feeds must be of clear origin, free from contamination and spoilage, and included in the List of chemicals, biological preparations, microorganisms and feed ingredients permitted for use in aquaculture in Viet Nam; fish infected with diseases must not be used to make self-formulated aquaculture feeds.

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1. The agency inspecting quality of imported aquaculture feeds and environmental treatment products in aquaculture is the Ministry of Agriculture and Environment.

2. Contents, sequence and procedures for inspection of quality of imported aquaculture feeds and environmental treatment products in aquaculture shall comply with the law on products and goods quality.

3. The sampling for inspection of quality of imported aquaculture feeds and environmental treatment products in aquaculture must comply with national standards or national technical regulations. In case a national standard or national technical regulation on sampling is not available, samples shall be taken randomly.

4. The testing of imported aquaculture feeds and environmental treatment products in aquaculture shall be conducted by laboratories designated by the Ministry of Agriculture and Environment or having its operation registered in accordance with law. In case a designated laboratory (in case the testing is meant to serve state inspection activities) or a laboratory having its operation registered (in case the testing is meant to serve activities of organizations and individuals) for aquaculture feeds or environmental treatment products in aquaculture is not available, the testing shall be conducted at a designated or registered laboratory in accordance with regulations in the field of food, animal feeds, veterinary drugs, pesticides and fertilizers if such laboratory adopts appropriate testing methods. In case testing methods are yet to be designated or agreed upon, the fisheries agency under the Ministry of Agriculture and Environment shall decide testing methods to be applied.

Article 16. Conditions to be satisfied by facilities testing aquaculture feeds and environmental treatment products in aquaculture

1. Physical facilities and technical equipment prescribed in point b clause 2 Article 35 of the Law on Fisheries must satisfy the following requirements:

a) In case the testing is carried out at the stage of aquatic breed production and nursing, the provisions set forth in point a clause 1 Article 24 of the Law on Fisheries and clause 1 Article 9 of this Decree shall be complied with;

b) In case the testing is carried out at the stage of commercial aquaculture, the provisions set forth in point b clause 1 Article 38 of the Law on Fisheries, and clauses 1 and 2 Article 19 of this Decree shall be complied with.

2. Conditions for biosafety and environmental protection prescribed in point c clause 2 Article 35 of the Law on Fisheries: Testing aquaculture zones must be separated from aquatic breed production zones and other commercial aquaculture zones.

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1. Authority to approve the testing proposal and recognize the results of testing of aquaculture feeds and environmental treatment products in aquaculture: The Chairperson of the People's Committee of the province where the testing activities are conducted.

2. An application dossier for testing shall comprise:

a) An application form for testing of aquaculture feed or environmental treatment product in aquaculture, which is made using the Form No. 14.NT in the Appendix I to this Decree;

b) A proposal for testing of aquaculture feed or environmental treatment product in aquaculture, which is made using the Form No. 15.NT in the Appendix I to this Decree;

c) An explanatory report to the fulfillment of conditions by the facility testing aquaculture feeds and environmental treatment products in aquaculture, which is made using the Form No. 16.NT in the Appendix I to this Decree;

3. Sequence:

a) The applicant shall submit an application dossier for testing of aquaculture feed or environmental treatment product in aquaculture to the agency assigned by the Chairperson of the provincial People’s Committee to receive administrative procedure dossiers;

b) Within 08 working days from the receipt of a sufficient and valid application dossier, the agency assigned by the Chairperson of the provincial People’s Committee to handle administrative procedures shall appraise the dossier and organize inspection of the testing facility’s fulfillment of conditions according to the Form No. 17.NT in the Appendix I to this Decree, submit the testing proposal to the Chairperson of the provincial People’s Committee for approval according to the Form No. 18.NT in the Appendix I to this Circular, and issue a license to import aquaculture feed or environmental treatment product in aquaculture to the applicant for the testing purpose (in the case of imported products) provided that the dossier is satisfactory and the conditions are fully satisfied. Such agency shall concurrently send the decision approving the testing proposal to the Ministry of Agriculture and Environment. In case the dossier is unsatisfactory and conditions are not fully satisfied, the agency shall give a written response clearly stating the reasons therefor.

4. Testing inspection:

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b) Contents of inspection: As specified in the approved proposal for testing of aquaculture feed or environmental treatment product in aquaculture.

5. Recognition of results of testing of aquaculture feed or environmental treatment products in aquaculture

a) Within 08 working days from the date of receipt of the testing results report, the agency assigned by the Chairperson of the provincial People's Committee to handle administrative procedures shall organize an assessment of the testing results and submit them to the Chairperson of the provincial People's Committee for issuance of a decision recognizing results of testing of aquaculture feed or environmental treatment product in aquaculture according to the Form No. 19.NT in the Appendix I to this Decree. In the case of refusal to recognize the results, a written response specifying the reasons therefor shall be given.

b) Within 01 working day from the date of issuing the decision recognizing results of testing of aquaculture feed or environmental treatment product in aquaculture, the agency assigned by the Chairperson of the provincial People's Committee to handle administrative procedures shall publish the decision on its web portal or website and concurrently send it to the Ministry of Agriculture and Environment.

Article 18. Contents of testing of aquaculture feeds and environmental treatment products in aquaculture

1. Contents of testing of an aquaculture feed:

a) Checking of ingredients and quality of the feed according to corresponding declared applicable standards and technical regulations prior to the testing;

b) Assessment of properties and uses of the feed: growth and development potential; survival rate through development stages of the tested object; feed conversion ratio; other technical parameters stated in the product file;

c) Assessment of safety of the feed to human health, farmed species and the environment during its use: antimicrobial and toxic chemical residues in the tested fish and the environment (specify this in the testing proposal); assessment of changes to environmental parameters.

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a) Checking of ingredients and quality of the product according to corresponding declared applicable standards and technical regulations prior to the testing;

b) Assessment of properties and uses of the product through assessment of changes in physical, chemical and biological parameters in the aquaculture environment; other technical parameters mentioned in the product file;

c) Assessment of safety of the product to human health, farmed species and the environment during its use: product ingredient residues in the environment and animals upon harvesting, for products that have chemical ingredients; heavy metal residues in the environment and animals upon harvesting; survival rate and growth rate of the farmed species.

Section 3. AQUACULTURE

Article 19. Conditions to be satisfied by aquaculture facilities

Physical facilities and technical equipment prescribed in point b clause 1 Article 38 of the Law on Fisheries are elaborated as follows:

1. Physical facilities:

a) Waste storage areas must be isolated from areas for storing and treating dead fish and from aquaculture areas, causing no impacts on the environment;

b) If the aquaculture facility has an area for storing equipment, tools and raw materials, it is required to meet storage requirements of the manufacturer and supplier. If the aquaculture facility has living and hygiene areas, it is required to ensure that domestic wastewater and waste do not affect aquaculture areas;

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d) Regarding aquaculture in cages and pens (hereinafter referred to as “cage aquaculture”): cage frames, buoys, nets, pens and substrates must be made of non-polluting materials which are non-toxic to farmed fish and prevent the escape of farmed fish; warning equipment for waterway navigation must be in place.

2. Equipment used in aquaculture must be made of non-polluting materials which are non-toxic to farmed fish.

Article 20. Issuance and revocation of certificates of eligible aquaculture facility at the request of organizations and individuals

1. Provincial fisheries agencies shall issue and revoke certificates of eligible aquaculture facility at the request of an organizations and individuals.

2. An application dossier for issuance of a certificate shall be composed of:

a) An application, which is made using the Form No. 20.NT in the Appendix I to this Decree;

b) An explanatory report to the physical and technical facilities of the aquaculture facility, which is made using the Form No. 21.NT in Appendix I to this Decree;

c) A plan of cage locations/plan of aquaculture areas.

3. Procedures for issuance of a certificate:

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b) Within 06 working days from the receipt of a sufficient and valid application dossier, the competent agency specified in clause 1 of this Article shall carry out a physical inspection at the facility according to the Form No. 22.NT in the Appendix I to this Decree.

If inspection results are satisfactory, within 01 working day from the end of the inspection, the competent agency prescribed in clause 1 of this Article shall issue the certificate according to the Form No. 23.NT in the Appendix I to this Decree.

If inspection results are unsatisfactory, it shall take corrective actions and submit a corrective action report to the agency competent to the issue the certificate within a maximum period of 30 days. Where necessary, the competent agency shall conduct an inspection of the matters that have been corrected. Where the facility satisfies the conditions, within 01 working day from the end of the inspection, the competent agency shall issue the certificate according to the Form No. 23.NT in Appendix I to this Decree. In case of refusal to issue the certificate, the competent agency shall give a written response clearly stating the reason therefor.

4. The validity period of a certificate is 24 months.

5. Revocation of a certificate:

a) A certificate shall be revoked in one of the following cases: Any erasure or alteration is made on the certificate or the facility no longer satisfies the conditions prescribed in clauses 1 and 2 Article 38 of the Law on Fisheries or commits another violation which results in the revocation of the certificate as per law;

b) Competence in revoking a certificate: the agency that has the competence in revoking the certificate also has the competence in revoking it.

c) Upon detecting that a facility commits any of the violations specified in point a of this clause, the competent agency shall issue a decision to revoke the certificate of eligible aquaculture facility according to the Form No. 24.NT in the Appendix I and notify such via mass media.

6. In the event that a certificate is lost or damaged, the organization or individual shall request the competent authority that issued the certificate to provide a certified true copy thereof.

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1. Competence in issuance and re-issuance of certificates of cage aquaculture, key aquaculture species:

a) Chairpersons of commune-level People’s Committees shall issue and re-issue certificates to cage aquaculture and key aquaculture species farming facilities operating in inland areas under their management and to cage aquaculture facilities within the competence of Chairpersons of commune-level People’s Committees in assignment of sea areas;

b) Provincial fisheries agencies shall issue and re-issue certificates to cage aquaculture and key aquaculture species farming facilities operating in inland areas under their management spanning 02 or more communes or wards and to cage aquaculture facilities within the competence of Chairpersons of provincial People’s Committees in assignment of sea areas;

c) The fisheries agency under the Ministry of Agriculture and Environment shall issue and re-issue certificates to cage aquaculture and key aquaculture species farming facilities operating in inland areas under their management spanning 02 or more provinces or cities and to cage aquaculture facilities within the competence of the Minister of Agriculture and Environment in assignment of sea areas.

2. Forms of cage aquaculture activities subject to registration include aquaculture in cages, suspended rigs or pens in on tidal flats, at sea, on rivers, lakes and natural lagoons.

3. An application dossier for issuance of a certificate of cage aquaculture, key aquaculture species shall comprise:

a) An application, which is made using the Form No. 25.NT in the Appendix I to this Decree;

b) A plan of the locations of ponds/cages, certified by the owner of the aquaculture facility.

4. An application dossier for re-issuance of a certificate of cage aquaculture, key aquaculture species shall comprise:

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b) A plan of the locations of ponds/cages, certified by the owner of the aquaculture facility (in case of change in production scale); in case the facility’s owner is changed, documentary evidences for such change are required.

5. Sequence and procedures for issuance or re-issuance of a certificate:

a) The owner of the aquaculture facility shall submit a dossier to the agency assigned by the Chairperson of the commune-level or provincial-level People’s Committee or Minister of Agriculture and Environment to receive administrative procedure dossiers;

b) Within 05 working days from the receipt of a sufficient and valid dossier, the competent agency or person specified in clause 1 of this Article shall rely on the planning scheme, plan, program, scheme or project on aquaculture development in the locality approved by the competent agency to carry out appraisal and issue a certificate according to the Form No. 27.NT in the Appendix I to this Decree. In case of refusal to issue the certificate, the competent agency shall give a written response clearly stating the reasons therefor.

6. Applying for re-issuance of the certificate of cage aquaculture, key aquaculture species in any of the following cases:

a) Information of the aquaculture facility owner is changed or supplemented;

b) The scale of production or aquaculture species is/are changed;

c) Aquaculture cages are relocated from one locality to another. In case of re-issuing the certificate due to the relocation of aquaculture cages, the organization or individual must notify in writing the agency that previously issued the certificate for updating and management purposes.

7. Revocation of a certificate of aquaculture registration:

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b) The agency that has the competence in issuing the certificate also has the competence in revoking the certificate  according to the Form No. 28.NT in the Appendix I to this Decree.

8. Aquaculture facilities not covered by point dd clause 1 Article 38 of the Law on Fisheries may be issued or re-issued with the certificate in accordance with this Article upon request.

Article 22. Mariculture plans and projects

1. Any organization or individual applying for assignment of a sea area for mariculture shall set up a mariculture project, except for individuals falling into the cases specified in clause 3 Article 44 of the Law on Fisheries, who shall formulate a mariculture plan.

2. A mariculture plan or project must satisfy the following criteria:

a) Satisfy the conditions prescribed in Article 38 of the Law on Fisheries and Article 19 of this Decree;

b) Ensure appropriateness in terms of production scale, mariculture species and mariculture technology;

c) Take measures to prevent, respond to and remedy the consequences of natural disasters, environmental incidents, and diseases during aquaculture;

d) Be economically and technically feasible, ensure economic, social, and environmental efficiency and sustainable development.

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1. Cases eligible for exemption from fees for use of sea areas as prescribed in point a clause 3 Article 44 of the Law on Fisheries are as follows:

a) A Vietnamese individual who permanently resides in a commune and is conducting fishing activities using a fishing vessel with a maximum length of less than 12 meters changes his/her vocation to aquaculture;

b) The People's Committee of the commune where the Vietnamese individual permanently resides shall rely on the fishing vessel registration certificate and the fishing license in respect of a fishing vessel with a maximum length of from 06 meters to less than 12 meters; in respect of a fishing vessel with a maximum length of less than 06 meters, rely on the fishing vessel statistical and monitoring records managed by the commune-level People's Committee in accordance with the law on fishing to consider making a decision.

2. Cases eligible for exemption from fees for use of sea areas as prescribed in point b clause 3 Article 44 of the Law on Fisheries are as follows:

a) A Vietnamese individual permanently resides in a commune and has directly participated in aquaculture activities for at least 24 consecutive months up to the time of applying for assignment of a sea area for aquaculture, and his/her income from aquaculture activities accounts for more than 50% of his/her total income liable to personal income tax;

b) The People's Committee of the commune where the Vietnamese individual permanently resides shall carry out verification in accordance with law to consider making a decision.

Chapter IV

FISHING

Section 1. MANAGEMENT OF ACTIVITIES OF VIETNAMESE ORGANIZATIONS AND INDIVIDUALS CONDUCTING FISHING ACTIVITIES IN WATERS

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Fishing zones prescribed in clause 1 Article 48 of the Law on Fisheries are elaborated as follows:

1. Fishing zones shall comprise:

a) Coastal zone, which is delimited by the waterline along the coast and coastal route. Regarding an island, coast zone is the waters extending up to 06 nautical miles from the average line of tide in multiple years around the coast of the island;

b) Inshore zone, which is delimited by the coastal route and inshore route;

c) Offshore zone, which is delimited by the inshore route and outer boundary of the waters in which fishing is permitted.

2. Offshore zones include the 06 regions below:

a) Region 1, which is the area north of latitude 17°00’N;

b) Region 2, which is the area from latitude 14°00’N to latitude 17°00’N;

c) Region 3, which is the area from latitude 10°00’N to latitude 14°00’N;

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dd) Region 5, which is the area south of latitude 10°00’N, from meridian 105°00’E to meridian 108°00’E;

e) Region 6, which is the area west of meridian 105°00’E”.

3. People's Committees of two adjacent coastal provinces or cities shall, based on the specific geographical characteristics of the coastal and inshore zones, negotiate the delimitation and announcement of the boundaries of the coastal and inshore fishing zones areas between the two provinces or cities.

Article 25. Management of activities of fishing vessels within Viet Nam’s waters

1. Regarding fisheries resource catching vessels:

a) Vessels with a maximum length of 15 meters or more are allowed to operate within offshore zones but not allowed to carry out activities within coastal and inshore zones;

b) Vessels with a maximum length of from 12 meters to less than 15 meters are allowed to operate within inshore zones but not allowed to carry out activities within offshore and coastal zones;

c) Vessels with a maximum length of less than 12 meters that operate within coastal zones are not allowed to operate within inshore and offshore zones.

2. Fisheries resource catching logistics vessels:

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b) Vessels with a maximum length of from 12 meters to less than 15 meters are allowed to transship fish within inshore zones but not allowed to transship fish within coastal and offshore zones;

c) Vessels with a maximum length of less than 12 meters are allowed to transship fish within coastal zones but not allowed to transship fish within inshore and offshore zones;

3. Conversion of offshore fishing license quotas:

a) Upon the transfer of the ownership of their fishing vessel among provinces or central-affiliated cities, an organization or individual that has been issued with an offshore fishing license shall not increase the total offshore fishing license quotas allocated by the Ministry of Agriculture and Environment.

The conversion of fishing license quotas between different vocations within the total allocated license quotas shall be decided by the provincial People’s Committee in accordance with law and local fishing vocation development orientations in such a manner as to only permit the change to the vocations that are friendly to fisheries resources.

b) Where an organization or individual that has been issued with an offshore fishing license transfers ownership of a fishing vessel to an organization or individual in another province or city, the competent authority of the locality from which the fishing vessel is transferred shall approve the transfer of the license quotas, de-register the fishing vessel and return the original dossier to the new fishing vessel owner, while sending a notification using Form No. 01.KT in Appendix II to this Decree to the competent authority of the locality where the new fishing vessel owner resides or has its head office for fishing vessel registration and to the Ministry of Agriculture and Environment for cooperation in managing the quotas. The new fishing vessel owner shall register the fishing vessel and apply for a fishing permit at the competent authority of the locality where the owner resides or has its head office in accordance with regulations.

4. Fishing vessels with a maximum length of 06 meters or more must enter ports in order for products to be loaded and unloaded.

Article 26. Provisions on management of VMS

1. Each fishing vessel may be fitted with a maximum of 02 VTUs. Where a fishing vessel is fitted with 02 VTUs, the VMS shall record the signal of only 01 unit at any given time.

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3. Requirements for fishing vessel monitoring software of a VTU supplier:

a) Be capable of being connected to and receiving information and data from VTUs installed on fishing vessels;

b) Ensure continuous connection for the full transmission of information and data from VTUs installed on fishing vessels to the fishing vessel monitoring software managed by the fisheries agency under the Ministry of Agriculture and Environment;

c) Receive information from the fishing vessel monitoring software for transmission thereof to VTUs installed on fishing vessels in the format of the fishing vessel monitoring software managed by the fisheries agency under the Ministry of Agriculture and Environment;

d) Ensure confidentiality of data in accordance with law;

dd) Ensure the recording and processing of information from the VMS managed by the fisheries agency under the Ministry of Agriculture and Environment; store the entire voyage history in the supplier’s VMS and be capable of synchronizing such data at the request of the fishing owner or the fisheries agency under the Ministry of Agriculture and Environment in all cases (including information from the second VTU, if any).

4. Functions of the fishing vessel monitoring software managed by the fisheries agency under the Ministry of Agriculture and Environment:

a) Be compatible with Microsoft Windows, Android and IOS operating systems; have an intuitive Vietnamese interface. Manage all information on fishing vessels fitted with VTUs; be capable of synchronizing data with the national fisheries database and sharing and providing information and data to central and local state management agencies for management, inspection and monitoring of the operation of fishing vessels at sea and on islands, and upon port entry and exit; not permit intervention for altering fishing vessel voyage data;

b) Display real-time fishing vessel location, time, speed, course, alarm signals, last data update time, weather information, fishing ground information and status of VTUs; send information to VTUs via the fishing vessel monitoring software of the VTU supplier; display VTUs according to the declared code; not simultaneously record signals from 02 VTUs at the same time;

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d) Have the functions of accessing, searching, tabulating, reporting and compiling statistics of data in accordance with regulations of the Ministry of Agriculture and Environment on provision, management and use of data from VTUs; create a vessel management zone and send automatic alerts when vessels enter or leave such zone;

dd) Connecting and transmitting information to the fishing vessel monitoring software of the VTU supplier; grant privileges to organizations and individuals entitled to use fishing vessel monitoring data;

5. Management of VMS

a) The fisheries agency under the Ministry of Agriculture and Environment shall develop and organize watches for and operation of VMS; processing fishing vessel voyage data for the state management by the Ministry of Agriculture and Environment; perform uniform management of VMS and fishing vessel monitoring data; administer system and grant privileges to extract and use fishing vessel monitoring data to local fisheries agencies, fishing port authorities and agencies and organizations in charge of fishing ports the opening of which has been announced, and fisheries law enforcement forces; monitor, expedite, provide guidance on, inspect and supervise the fulfillment of the responsibilities by provincial fisheries agencies specified in point b of this clause; inspect and supervise the fulfillment of responsibilities by VTU suppliers.

b) Fisheries agencies of provinces and cities having fishing vessels shall organize 24/7 watches for, extract and process data on monitoring of fishing vessels with a maximum length of 15 meters or more under local management and fishing vessels of other provinces and cities when entering and leaving fishing ports in provinces and cities for the purposes of fishing vessel management, tracing, handling of violations, appraisal and making of payments under policies in accordance with regulations.

c) Fisheries surveillance authorities, coast guard forces, border guard forces, local fisheries agencies having fishing vessels, and other relevant agencies shall appoint and send information about the conduit for receiving fishing vessel monitoring information to fisheries agencies of other provinces and cities having fishing vessels to receive information and cooperate in fishing vessel management.

d) Every fishing vessel owner shall be provided with information on monitoring of their fishing vessel by the fisheries agency of the province where the fishing vessel is registered.

dd) Provincial fisheries agencies shall manage and inspect the installation and removal of VTUs and the activation of fishing vessel monitoring services; provide fishing vessel monitoring information at the request of fishing vessel owners.

e) The captain or owner of a fishing vessel must ensure that the VTU operates 24/7 when the vessel operates at sea or on islands (where there is no fishing port), and when it is moored at the shore or on an island (where there is a fishing port).

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Where a fishing vessel loses the signal from its VTU at sea or on an island (where there is no fishing port), the fishing vessel owner or captain must use other communication equipment to report the location of the fishing vessel to the provincial fisheries agency (through the VMS watch section) at intervals not exceeding 06 hours from the time the fishing vessel loses the signal from the VTU (the time of signal loss shall begin from the time the VMS fails to receive the signal in the subsequent transmission cycle), and simultaneously record the location of the fishing vessel for submission to the management authority at the port when the vessel enters the port to serve the verification and handling of violation (if any). The fishing vessel owner or captain shall take measures to remedy the loss of signal from the VTU; if the situation cannot be remedied, the fishing vessel must be brought ashore within 10 days from the time it loses the signal from the VTU.

Where a fishing vessel loses the signal from its VTU at the shore or on an island (where there is a fishing port), the captain or owner must use communication equipment to report to the fisheries agency of the province where the fishing vessel is registered every 24 hours.

The fishing vessel captain must strictly heed the warnings issued by the VTU; must not navigate the fishing vessel beyond the boundaries of the area in which fishing is permitted.

g) Any foreign fishing vessel conducting fishing activities in Vietnamese waters must be fitted with VTUs that meet the technical requirements and requirements for the management and use of fishing vessel monitoring systems and data prescribed in this Article.

h) Fishing vessel monitoring data (including re-synchronized data) shall serve as a legal basis for management of operation of fishing vessels, imposition of penalties for administrative violations, settlement of fisheries disputes at sea, validation of catch statements for raw materials and catch certificates and implementation of policies in the fisheries sector.

6. Responsibilities of a VTU supplier:

a) Only provide VTUs after they have been evaluated by the fisheries agency under the Ministry of Agriculture and Environment, notified in writing, and published on the web portal of the fisheries agency under the Ministry of Agriculture and Environment;

b) When installing a VTU on a fishing vessel, cooperate with the fishing vessel owner to declare information using Form No. 02.KT in Appendix II to this Decree. Install the VTU in a fixed and firm position on a component integral to the hull of the fishing vessel together with the user instructions (which must contain at least the following information: 24/7 telephone number and contact address of the VTU supplier); fix lead seals on the VTU on the vessel upon its installation;

c) Update and manage information on vessels, vessel owners, VTU codes, and lead seal codes to the VTU supplier’s fishing vessel monitoring software, and automatically transmit information to the fishing vessel monitoring software managed by the fisheries agency under the Ministry of Agriculture and Environment; take responsibility for the accuracy of the information before updating it to the VTU supplier’s fishing vessel monitoring software; notify vessel owners 30 days prior to the expiration of the VTUs;

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dd) Within 10 days from receipt of a request from the fishing vessel owner, captain or relevant organization or individual, the VTU supplier shall issue a document to the fisheries agency under the Ministry of Agriculture and Environment for re-synchronization of fishing vessel monitoring data not transmitted in real time to the fishing vessel monitoring software managed by the fisheries agency under the Ministry of Agriculture and Environment;

e) Cooperate with satellite service providers to ensure data connectivity between VTUs and fishing vessel monitoring software of the VTU supplier;

g) Maintain the connection between the supplier’s fishing vessel monitoring software and the VTU software managed by the fisheries agency under the Ministry of Agriculture and Environment;

h) Be responsible for ensuring that VTUs meet the prescribed technical requirements.

7. Responsibilities of a provider offering satellite services to VTUs:

a) Ensure the maintenance of satellite services to VTUs and from VTUs installed on fishing vessels to VMS of the fishing VTU supplier;

b) Cooperate with VTU suppliers to ensure data connectivity between VTUs and fishing vessel monitoring software of the VTU suppliers;

c) Promptly remedy failures in satellite connectivity to and from VTUs; cooperate in the course of handling violations at the request of competent agencies.

8. Storage and maintaining confidentiality of data:

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b) Data stored in servers of VTU suppliers shall be neither deleted nor changed throughout their storage period as prescribed;

c) Data transmitted between VTUs and fishing vessel monitoring software of VTU suppliers must be encrypted to ensure confidentiality of information during the transmission; when transmitted to other specialized software, fishing vessel monitoring data must be encrypted as prescribed;

d) VTU suppliers shall maintain confidentiality of data and provide accurate data; may only provide fishing vessel monitoring data at the request of fisheries agencies after obtaining approval of the fisheries agency under the Ministry of Agriculture and Environment.

9. Management, installation and removal of VTUs

a) The fisheries agency under the Ministry of Agriculture and Environment shall manage the installation and removal of VTUs in the case specified in point g clause 5 of this Article.

b) Provincial fisheries agencies shall develop and issue procedures for the installation and removal of VTUs; manage the installation and removal of VTUs.

c) When installing a VTU and activating the fishing vessel monitoring service, the fishing vessel owner must report to the provincial fisheries agency using Form No. 02.KT in Appendix II to this Decree for inspection and authentication on the VMS.

d) Upon removing a VTU or replacing lead seals, the vessel owner must notify the management authority at the place where the removal or replacement take places so that it may supervise the process and prepare a record using Form No. 03.KT in Appendix II to this Decree. After the record is made, the vessel owner shall send 01 copy thereof to the fisheries agency of the province where the fishing vessel is registered for management purposes in the case where the VTU is removed in another province or city.

dd) A lead seal must be affixed to the VTU to be installed on a fishing vessel using the VTU supplier’s specimen seal notified by the fisheries agency under the Ministry of Agriculture and Environment. Each seal may be used for only one VTU at the time of installation. Each seal must bear a unique code consisting of the abbreviated name of the supplier in letters and natural numbers.  When replacing a seal, the VTU supplier must update its new code to the system for management purposes.

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1. An organization or individual conducting fishing activities using a fishing vessel with a maximum length of 06 meters or more shall be granted a fishing license if it meets the following conditions:

a) Have a fishing vessel registration certificate;

b) Be within the fishing license quota in respect of fishing at sea and not included in the List of banned fisheries;

c) Have an unexpired fishing vessel safety certificate in respect of the fishing vessel subject to survey and certification;

d) Have a VTU in respect of the fishing vessel with a maximum length of 15 meters or more;

dd) In the case of re-issuance due to the expiration of the license, the conditions prescribed in points a, b, c and d of this clause shall be made and the fishing vessel is not included in the list of illegal fishing vessels published by the Ministry of Agriculture and Environment.

2. For non-coastal provinces and cities which have fishing vessels operating at sea, the provincial People’s Committee shall negotiate with a coastal province or city for issuance or re-issuance of fishing licenses to fishing vessels operating in coastal and inshore zones.

Article 28. Issuance, re-issuance and revocation of fishing licenses for Vietnamese organizations and individuals conducting fishing activities in Vietnamese waters

1. Provincial fisheries agencies shall issue, re-issue and revoke fishing licenses for Vietnamese organizations and individuals conducting fishing activities in Vietnamese waters.

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a) An organization or individual in need shall submit an application for issuance of a fishing license using the Form No. 04.KT in Appendix II to this Decree to the agency assigned by the Chairperson of the provincial People's Committee to receive administrative procedure dossiers;

b) The competent agency prescribed in clause 1 of this Article shall appraise the dossier. Where the dossier complies with the provisions of law, within 05 working days from the date of receipt of a complete and valid dossier, the competent agency shall issue a fishing license using Form No. 06.KT in Appendix II to this Decree. Where the dossier is yet to meet the provisions of law, within 02 working days from the date of receiving a complete and valid dossier, the competent authority shall notify the organization or individual in writing (clearly stating the unmet provisions);

c) The validity period of a fishing license shall not exceed the remaining period of the quota from the date of issuance.

3. Sequence, procedures and composition of an application dossier for re-issuance of a fishing license:

a) When falling into one of the cases prescribed in clause 4 Article 50 of the Law on Fisheries, the organization or individual shall submit an application for issuance of a fishing license using the Form No. 05.KT in Appendix II to this Decree to the agency assigned by the Chairperson of the provincial People's Committee to receive administrative procedure dossiers;

b) The competent agency prescribed in clause 1 of this Article shall appraise the dossier. Where the dossier complies with the provisions of law, within 03 working days from the date of receipt of a complete and valid dossier, the competent agency shall issue a fishing license using Form No. 06.KT in Appendix II to this Decree. Where the dossier is yet to meet the provisions of law, within 02 working days from the date of receiving a complete and valid dossier, the competent agency shall notify the organization or individual in writing (clearly stating the unmet provisions);

c) The validity period of a license re-issued in the case prescribed in point c clause 4 Article 50 of the Law on Fisheries shall not exceed the remaining period of the quota from the date of allocating the quota; the validity period of a license re-issued in the cases prescribed in points a and b clause 4 Article 50 of the Law on Fisheries equals the remaining validity period of the previously issued license.

4. Each organization or individual granted a fishing license shall comply with the provisions laid down in the license when their fishing vessel operates at sea. Where they wish to continue fishing activities, they must apply for a fishing license in accordance with regulations at least 30 days before the expiration date of the license currently in use.

5. Revocation of a fishing license:

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b) A fishing license shall be revoked in any of the cases prescribed in points a, b and c clause 5 Article 50 of the Law on Fisheries or where the conditions prescribed in clause 1 Article 27 of this Decree are no longer satisfied. The decision on revocation of the fishing license which is made using the Form No. 07.KT in Appendix II to this Decree shall be sent to the license holder and relevant agencies and organizations, and updated to the specialized fisheries database software within 02 working days from the date of issuing the revocation decision.

Article 29. Supervisors on board Vietnamese fishing vessels operating in Vietnamese waters

1. A supervisor on a Vietnamese fishing vessel must meet the following conditions:

a) Being a Vietnamese citizen;

b) Being physically fit and skilled to work on the fishing vessel for a long period at sea;

c) Having a certificate of completion of professional training or training course on supervision of fishing activities.

2. Rights and responsibilities of a supervisor:

a) Be enabled to work, eat and rest during working period;

b) Be entitled to travel expenses, work-trip allowances, salary, allowances, insurance benefits and other benefits and expenses according to applicable regulations in case he/she is appointed by the state agency; be paid for expenses under the contract in case he/she is hired to perform supervision tasks on the fishing vessel;

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d) Access the vessel’s files, including fishing vessel registration certificate, fishing vessel safety certificate, fishing license, seaman’s books, fishing logbook and relevant documents;

dd) Access marine equipment, nautical charts, radios, echo sounders, fish finders, radars, positioning systems, communications equipment and other equipment; approach the deck in the process of deploying and retrieving fishing gears and access aquatic specimens for collection and sampling;

e) Access medical equipment and sanitary facilities; use food, food products and accommodation similar to those for seamen working on the vessel;

g) Attend professional training and refresher training courses for supervisors on fishing vessels;

h) Perform the tasks under the contract or as assigned by the appointing state agency;

i) Follow the code of conduct and keep confidentiality of information relating to activities of the fishing vessel, seamen, vessel owner and collected data and information;

k) Ensure the independence, objectivity and fairness when performing a supervisor’s tasks on the fishing vessel;

l) Regularly discuss relevant issues and tasks with the captain.

3. Rights of the vessel owner and captain:

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b) Request the supervisor to comply with the vessel’s general rules and with law;

c) The captain may review and comment on the report submitted by the supervisor and has the right to provide additional opinions and information on such report.

4. Responsibilities of the vessel owner and captain:

a) Receive, arrange working, eating and accommodation spaces to and enable the supervisor appointed by the competent state agency to work on the fishing vessel under a plan to implement the fishing vessel supervisor program approved by the Ministry of Agriculture and Environment; notify the local fisheries agency of the assignment of the supervisor on the fishing vessel for monitoring and management before signing a contract with him/her;

b) Assign a seaman to accompany the supervisor when the latter performs tasks in dangerous areas;

c) Notify the crew of the supervisor’s boarding time and inform them of their rights and obligations when the latter performs his/her tasks on the vessel;

d) Assist the supervisor in embarking and disembarking the vessel safely at the notified or agreed location and time;

dd) Notify the supervisor at least 15 minutes in advance prior to the deployment or retrieval of fishing nets;

e) Allow and assist the supervisor to fully access the vessel’s files, including the fishing vessel registration certificate, fishing vessel safety certificate, fishing license, seaman’s book and fishing logbook in order to check and record information about the vessel and voyage;

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h) Do not threaten, intervene with or bribe the supervisor, thereby affecting the performance of his/her supervision tasks;

i) Pay the costs under the contract signed with the supervisor or some costs of implementing the fishing vessel supervisor program approved by the Ministry of Agriculture and Environment.

5. The Ministry of Agriculture and Environment shall develop a framework program and provide training and refresher training courses for fishing vessel supervisors; develop and organize the implementation of the fishing vessel supervisor program on an annual basis or for each period according to management requirements or the requirements imposed by the import market. The fishing vessel supervisor program shall contain the following basic contents: objectives, contents of implementation (fisheries to be supervised, number of voyages, supervision areas), products delivered and funding for implementation.

Article 30. Conditions to be satisfied by fishing vessels conducting fishing activities outside Vietnamese waters

1. VTUs and communication equipment prescribed in point b clause 1 Article 53 of the Law on Fisheries must satisfy the following conditions:

a) A fishing vessel of the maximum length of 15 meters or more shall be fitted with a VTU capable of automatically transmitting information and data via the satellite communication system, and must not be included the list of fishing vessels violating illegal fishing regulations;

b) A fishing vessel shall be equipped or fitted with communication and marine equipment, including very high frequency (VHF) radiotelephone transceivers with digital selective calling (DSC) function on channel 70 or 16; medium frequency/high frequency (MF/HF) radiotelephone transceivers; navigational telex (NAVTEX) receivers, and emergency position-indicating radio beacons (EPIRB).

2. Other conditions prescribed in point d clause 1 Article 53 of the Law on Fisheries:

a) Having International Maritime Organization (IMO) number as per regulations in case a fishing vessel operates in waters under the jurisdiction of regional fisheries management organizations or waters of another nation or territory upon request;

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c) Seamen and workers on the fishing vessel must have certificates of completion of refresher course on management of fisheries in international waters issued by the fisheries agency under the Ministry of Agriculture and Environment, in case of issuing licenses for fishing in waters under the jurisdiction of regional fisheries management organizations.

Article 31. Grant of approvals for fishing vessels operating in the waters of another nation and territory or licenses for fishing vessels operating in waters under the jurisdiction of regional fisheries management organizations

1. The agency competent to grant approvals for fishing vessels operating in the waters of another nation and territory or licenses for fishing vessels operating in waters under the jurisdiction of regional fisheries management organizations is the fisheries agency under the Ministry of Agriculture and Environment.

2. An application dossier for grant of an approval for fishing vessel shall comprise:

a) An application for approval, which is made using the Form No. 08.NT in the Appendix II to this Decree or application for license, which is made using the Form No. 09.NT in the Appendix II to this Decree;

b) A copy of the fishing cooperation contract in the waters of another nation or territory in the case of grant of an approval; the contract must be approved by the competent agency of such nation or territory, and the approval must be consularly legalized in accordance with regulations;

c) A list, photographs and passport numbers of seamen and persons working on board fishing vessel;

d) Copies of the captain's and chief engineer's diplomas or certificates;

dd) A copy of the certificate of completion of refresher course on management of fisheries in international waters in the case of grant of a license for fishing vessels operating in waters under the jurisdiction of regional fisheries management organizations.

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a) The organization or individual shall submit an application dossier prescribed in clause 2 of this Article to the agency assigned by the Ministry of Agriculture and Environment to receive administrative procedure dossiers;

b) The competent agency prescribed in clause 1 of this Article shall appraise the dossier within 05 working days from the date of receipt of a complete and valid dossier. Where the dossier does not comply with the provisions, the competent agency shall give a written response clearly stating the reasons therefor. Where the dossier complies with the provisions, the competent agency shall grant an approval using the Form No. 10.KT in Appendix II to this Decree or a license using the Form No. 11.KT in Appendix II to this Decree; a list of seamen and persons working on board fishing vessel using Form No. 12.KT in Appendix II to this Decree.

4. After granting the approval or license, within 02 working days from the date of issuance, the competent agency prescribed in clause 1 of this Article shall send a notification using the Form No. 13.KT in Appendix II to this Decree to the People's Committee of the province where the fishing vessel operating in waters of another nation or territory exists and to the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs for its information and cooperation in monitoring and management.

5. Upon receipt of the approval or license and relevant documents, the organization or individual must submit the original license for fishing in Vietnamese waters issued to the fisheries agency under the Ministry of Agriculture and Environment.

6. Where an organization or individual wishes to have the fishing license returned, a written request shall be submitted to the competent agency prescribed in clause 1 of this Article. Within 02 working days from the date of receipt of the request, the competent agency prescribed in clause 1 of this Article shall return the fishing license submitted by the organization or individual.

Section 2. MANAGEMENT OF FOREIGN VESSELS CONDUCTING FISHING ACTIVITIES IN VIETNAMESE WATERS

Article 32. Issuance, re-issuance, extension and revocation of licenses for foreign organizations and individuals having vessels conducting fishing activities in Vietnamese waters

1. The agency competent to issue, re-issue, extend and revoke licenses for foreign organizations and individuals having vessels conducting fishing activities in Vietnamese waters is the fisheries agency under the Ministry of Agriculture and Environment.

2. An application dossier for re-issuance of a license shall be composed of:

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b) Certified true copies of the documents specified in Article 55 of the Law on Fisheries.

3. An application dossier for re-issuance of a license shall be composed of:

a) An application, which is made using the Form No. 15.KT in the Appendix II to this Decree;

b) A report on the change of the fishing vessel or fishery (if any)

4. An application dossier for extension of a license shall be composed of:

a) An application, which is made using the Form No. 16.KT in the Appendix II to this Decree;

b) A certified true copy of the fishing vessel registration certificate;

c) A report on operation of the fishing vessel during the validity period of the license;

d) A fishing logbook (for fisheries resource catching vessel).

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a) The applicant for issuance, re-issuance or extension of the license for fishing activities in Vietnamese waters shall submit the corresponding dossier prescribed in clause 2, clause 3 or clause 4 of this Article to the agency assigned by the Ministry of Agriculture and Environment to receive administrative procedure dossiers;

b) In the case of issuance or re-issuance: After receiving a complete and valid dossier, the competent agency prescribed in clause 1 of this Article shall submit it to the Ministry of Agriculture and Environment, which will seek opinions of the Ministry of Public Security and the Ministry of National Defense on the list of seamen and persons working on board the vessel. Within 05 working days from the date of receiving a written request for opinions, the Ministry of Public Security and the Ministry of National Defense shall give a written response. Within 02 working days from the date of receiving opinions of the Ministry of Public Security and the Ministry of National Defense, the competent agency prescribed in clause 1 of this Article shall consider issuing or re-issuing a license for fishing activities of the foreign vessel operating in Vietnamese waters according to the Form No. 17.KT in Appendix II to this Decree. In case of refusal to issue or re-issue the license, the competent agency shall give a written response clearly stating the reasons therefor;

c) In the case of extension: Within 02 working days from the date of receiving a sufficient and valid dossier, the competent agency prescribed in clause 1 of this Article shall extend the license for fishing activities of the foreign vessel operating in Vietnamese waters according to the Form No. 18.KT in Appendix II to this Decree. In case of refusal to extend the license, the competent agency shall give a written response clearly stating the reason therefor;

d) After issuing, re-issuing or extending the license for fishing activities of the foreign vessel operating in Vietnamese waters, the competent agency prescribed in clause 1 of this Article shall notify the fisheries agency of the province where with Vietnam's waters where the vessel conducts fishing activities, the Border Guard, the Viet Nam Coast Guard, and the Viet Nam Maritime and Waterway Administration according to the Form No. 21.KT in Appendix II to this Decree for their information and cooperation in monitoring and management.

6. Revocation of a license for fishing activities in Vietnamese waters

Upon detecting any of the violations specified in clause 5 Article 56 of the Law on Fisheries, the competent agency shall issue a decision to revoke the fishing license and notify such via mass media.

Article 33. Provisions on foreign vessels entering or leaving fishing ports or anchoring within fishing port water areas

1. When entering or leaving Viet Nam’s fishing ports or anchoring within Viet Nam’s fishing port water areas, a foreign vessel must fly the national flag of Viet Nam at the top of the highest mast of the vessel and fly the flag of the country where the vessel is registered on the lower mast.

2. Make declarations and be subject to the inspection, examination and control by competent forces in accordance with law.

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MANAGEMENT OF FISHING VESSELS AND OFFICIAL DUTY VESSELS

Article 34. Classification of fishing vessel building and modification facilities

Fishing vessel building and modification facilities shall be classified as follows:

1. Class I facilities: building and modifying all types of fishing vessels based on hull materials.

2. Class II facilities: building and modifying fishing vessels with a maximum length of less than 24 meters based on hull materials.

3. Class III facilities: building and modifying fishing vessels with a maximum length of less than 15 meters based on hull materials.

Article 35. Conditions to be satisfied by fishing vessel building and modification facilities

1. Having factories, equipment and human resources at a minimum as specified in Section 1 Appendix VI to this Decree.

2. Having a certificate of quality management system in conformity with ISO 9001 standard or equivalent (for Class I and Class II facilities); or having a technological process in conformity with national technical regulations on classification and building of fishing vessels (for Class II facilities).

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1. Having factories, equipment and human resources at a minimum as specified in Section 2 Appendix V to this Decree.

2. Having a certificate of quality management system in conformity with ISO 9001 standard or equivalent (for Class I  facilities); or having a technological process in conformity with national technical regulations on classification and building of fishing vessels (for Class II and Class III facilities).

Article 37. Conditions to be satisfied by new material-hulled fishing vessel building and modification facilities

1. Having factories, equipment and human resources at a minimum as specified in Section 3 Appendix V to this Decree.

2. Having a certificate of quality management system in conformity with ISO 9001 standard or equivalent (for Class I and Class II facilities); or having a technological process in conformity with national technical regulations on classification and building of fishing vessels (for Class II facilities).

Article 38. Issuance, re-issuance and revocation of certificates of eligibility for fishing vessel building and modification

1. The agency that has competence in issuance, re-issuance and revocation of certificates of eligibility for fishing vessel building and modification is a provincial fisheries agency.

2. An application dossier for issuance, re-issuance or revocation of a certificate of eligibility for fishing vessel building and modification shall be composed of:

a) An application, which is made using the Form No. 01.TC in the Appendix IV to this Decree;

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3. An application dossier for re-issuance of a certificate of eligibility for fishing vessel building and modification shall be composed of:

a) An application, which is made using the Form No. 03.TC in the Appendix IV to this Decree;

b) The issued certificate of eligibility.

4. Sequence and procedures for issuance of a certificate of eligibility for fishing vessel building and modification:

a) An organization or individual shall submit an application dossier prescribed in clause 2 of this Article to the agency assigned by the Chairperson of the People’s Committee of the province (where the facility’s place of fishing vessel building and modification exists) to receive administrative procedure dossiers;

b) Within 03 working days from the receipt of a sufficient and valid application dossier, the competent agency specified in clause 1 of this Article shall carry out a physical inspection and assessment at the facility according to the Form No. 04.TC in the Appendix IV to this Decree.

Where the facility has a valid dossier and satisfies the conditions, within 02 working days from the end of the inspection, the competent agency prescribed in clause 1 of this Article shall issue a certificate of eligibility for fishing vessel building and modification according to the Form No. 05.TC in the Appendix IV to this Decree.

Where the facility fails to fully satisfy the conditions, it shall take corrective actions and send a written notification to the competent agency as prescribed in clause 1 of this Article within 07 working days.

Within 01 working day from the date of receiving the corrective action notification, the competent agency shall inspect and assess the facility’s fulfillment of conditions. Where the facility satisfies the conditions, within 01 working day from the end of the inspection, the competent agency shall issue a certificate of eligibility for fishing vessel building and modification according to the Form No. 05.TC in the Appendix IV to this Decree. In case of refusal to issue the certificate, the competent agency shall give a written response clearly stating the reasons therefor.

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a) In any of the cases prescribed in clause 2 Article 64 of the Law on Fisheries, the organization or individual shall submit an application dossier specified in clause 3 of this Article to the agency assigned by the Chairperson of the People’s Committee of the province (where the facility’s place of fishing vessel building and modification exists) to receive administrative procedure dossiers;

b) Within 02 working days from the date of receiving a sufficient and valid dossier, the competent agency prescribed in clause 1 of this Article shall consider the dossier and issue a certificate of eligibility for fishing vessel building and modification according to the Form No. 05.TC in the Appendix IV to this Decree.

6. Revocation of a certificate of eligibility for fishing vessel building and modification

Upon detecting that a facility commits any of the violations specified in clause 3 Article 64 of the Law on Fisheries, the competent agency shall issue a decision to revoke the issued certificate of eligibility and notify such via mass media.

Article 39. Institutions providing training and refresher training for seamen on board fishing vessels

1. Conditions to be satisfied by an institution providing training and refresher training for seamen on board fishing vessels:

a) It must be an institution having training and refresher training functions and established as per law;

b) There must be facilities, equipment and trainers that meet the requirements specified in Appendix VI to this Decree;

c) There must be training and refresher training programs and syllabuses according to regulations; the institution must establish and maintain a quality management system according to ISO 9001 or equivalent.

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a) Collect fees for training and refresher training according to regulations;

b) Send a written notification according to Form No. 06.TC in the Appendix IV to this Decree to the fisheries agency under the Ministry of Agriculture and Environment at least 30 days before providing training and refresher training for seamen on board fishing vessels;

c) Ensure that physical facilities, equipment and trainers satisfy the prescribed requirements;

d) Provide training and further training for seamen on board fishing vessels according the program framework issued by the Ministry of Agriculture and Environment.

Article 40. Classification of fishing vessel survey and certification centers and regulations on survey and certification of official duty fisheries vessels

1. Fishing vessel survey and certification centers shall be classified as follows:

a) Class I: carrying out survey and certification of all types of fishing vessels;

b) Class II: carrying out survey and certification of fishing vessels with a maximum length of less than 24 meters;

c) Class III: carrying out survey and certification of fishing vessels with a maximum length of less than 15 meters.

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a) Organizations managing official duty fisheries vessels may select fishing vessel survey and certification centers prescribed in clause 1 of this Article or other survey and certification centers to carry out survey and certification of official duty fisheries vessels;

b) The supervision of technical safety, environmental safety and quality of official duty fisheries vessels shall comply with regulations on survey and certification applied by the selected survey and certification centers.

Article 41. Conditions to be satisfied by fishing vessel survey and certification centers

1. Regarding a Class I fishing vessel survey and certification center:

a) Being established under the competent agency’s decision (for public non-business survey and certification centers) or under the Law on Enterprises or the Law on Cooperatives; being legally and financially independent from fishing vessel traders, fishing vessel building and renovation facilities and fishing vessel designers;

b) Having physical facilities and technical equipment that meet the following requirements: Having data input and storage devices; having network-connected devices capable of transmitting to related agencies data on the center’s vessel survey and certification activities; having tools and equipment for technical inspection according to the Appendix V to this Decree;

c) Having entered into employment contracts with a term of 12 months or more or indefinite-term employment contracts in accordance with law with surveyors, including at least 01 grade-I surveyor and 02 grade-II surveyors, with a bachelor’s degree or higher in relevant technical disciplines: hull engineering, marine engineering, electric engineering, fishing, heat and refrigeration engineering or fish processing; during the period of performance of contracts with the survey and certification center, such surveyors do not enter into employment contracts with a term of 03 months or more with any other employer;

d) Having established and maintaining a quality management system in conformity with ISO 9001 standard or equivalent.

2. Regarding a Class II fishing vessel survey and certification center:

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b) Having entered into employment contracts with a term of 12 months or more or indefinite-term employment contracts in accordance with law with surveyors, including at least 02 grade-II surveyors, with a bachelor’s degree or higher in relevant technical disciplines: hull engineering, marine engineering, electric engineering, fishing, heat and refrigeration engineering or fish processing; during the period of performance of contracts with the survey and certification center, such surveyors do not enter into employment contracts with a term of 03 months or more with any other employer.

3. Regarding a Class III fishing vessel survey and certification center:

a) Satisfying the conditions prescribed in points a and b clause 1 of this Article;

b) Having entered into employment contracts with a term of 12 months or more or indefinite-term employment contracts in accordance with law with surveyors, including at least 01 grade-II surveyor, with an advanced diploma or higher in relevant technical disciplines: hull engineering, marine engineering, electric engineering, fishing; during the period of performance of contracts with the survey and certification center, such surveyor does not enter into an employment contract with a term of 03 months or more with any other employer;

c) Having established and maintaining a quality management system in conformity with ISO 9001 standard or equivalent; or having a technical inspection and supervision process for fishing vessels in conformity with national technical regulations on classification and building of fishing vessels.

Article 42. Issuance and re-issuance of certificates of eligibility for fishing vessel survey and certification

1. Competence in issuance and re-issuance of certificates of eligibility for fishing vessel survey and certification:

a) The fisheries agency under the Ministry of Agriculture and Environment shall issue, re-issue and revoke certificates of eligibility for fishing vessel survey and certification for fishing vessel survey and certification centers under the management of the Ministry of Agriculture and Environment;

b) Provincial fisheries agencies shall issue, re-issue and revoke certificates of eligibility for fishing vessel survey and certification for fishing vessel survey and certification centers in their provinces, except the case specified in point a of this clause.

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a) An application for issuance of a certificate of eligibility for fishing vessel survey and certification, which is made using the Form No. 07.TC in the Appendix IV to this Decree;

b) Documentation on the quality management system conforming to ISO 9001 standard or equivalent.

3. An application for re-issuance of a certificate of eligibility for fishing vessel survey and certification shall consist of an application made using the Form No. 11.TC in the Appendix IV to this Decree.

4. Sequence and procedures for issuance of a certificate of eligibility for fishing vessel survey and certification:

a) An organization or individual shall submit an application dossier for issuance of a certificate of eligibility for fishing vessel survey and certification to the agency assigned by the Ministry of Agriculture and Environment or Chairperson of the provincial People’s Committee to receive administrative procedure dossiers;

b) Within 03 working days from the receipt of a sufficient and valid application dossier, the competent agency specified in clause 1 of this Article shall carry out a physical inspection according to the Form No. 08.TC in the Appendix IV to this Decree.

Where the facility has a valid dossier and satisfies the conditions, within 02 working days from the end of the inspection, the competent agency prescribed in clause 1 of this Article shall consider and decide the issuance of a certificate of eligibility for fishing vessel survey and certification according to the Form No. 09.TC in the Appendix IV to this Decree.

Where the facility fails to satisfy the conditions, it shall take corrective actions and send a written notification to the competent agency as prescribed in clause 1 of this Article within 05 working days. Within 01 working day from the date of receiving the corrective action notification, the competent agency shall consider issuing a certificate of eligibility for fishing vessel survey and certification according to the Form No. 09.TC in the Appendix IV to this Decree. In case of refusal to issue the certificate, the competent agency shall give a written response clearly stating the reasons therefor.

c) The survey and certification center shall provide and use seals and marks for fishing vessel survey and certification in accordance with Form No. 10.TC in the Appendix IV to this Decree.

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a) In any of the cases specified in clause 2 Article 69 of the Law on Fisheries, an organization or individual shall submit an application dossier for issuance of a certificate of eligibility for fishing vessel survey and certification to the agency assigned by the Ministry of Agriculture and Environment or Chairperson of the provincial People’s Committee to receive administrative procedure dossiers;

b) Within 03 working days from the date of receiving a sufficient and valid dossier, the competent agency prescribed in clause 1 of this Article shall consider and decide the re-issuance of the certificate of eligibility for fishing vessel survey and certification according to the Form No. 09.TC in the Appendix IV to this Decree. In case of refusal to re-issue the certificate, the competent agency shall give a written response clearly stating the reasons therefor.

Article 43. Grant of written approvals for building, modification, chartering or purchase of Vietnamese fishing vessels

1. The agency that has competence in grant of written approvals for building, modification, chartering or purchase of Vietnamese fishing vessels is the provincial fisheries agency.

2. An application dossier for grant of a written approval for building, modification, chartering or purchase of a Vietnamese fishing vessel shall be prepared using the Form No. 12.TC in the Appendix IV to this Decree.

3. Sequence and procedures for grant of a written approval for building, modification, chartering or purchase of a Vietnamese fishing vessel:

a) An organization or individual shall submit an application dossier to the agency assigned by the Chairperson of the provincial People’s Committee to receive administrative procedure dossiers;

b) Within 02 working days from the receipt of a sufficient and valid application dossier, the competent agency specified in clause 1 of this Article shall rely on the fishing license quotas and local criteria to appraise the dossier, and consider granting a written approval using the Form No. 13.TC in the Appendix IV to this Decree. In case of refusal to grant a written approval, the competent agency shall give a written response clearly stating the reasons therefor.

4. The fishing vessel owner shall complete the fishing vessel registration procedures within 06 months in the case of modification, chartering or purchase, or within 12 months in the case of building, from the effective date of the written approval.

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6. Approval shall not be granted for the building or modification of a fishing vessel engaged in trawl or tuna-mackerel gillnet fishery (except where a fishing vessel engaged in trawl or tuna-mackerel gillnet fishery is modified for another fishery); approval shall not be granted for the modification of a fishing vessels engaged in another fishery to trawl or tuna-mackerel gillnet fishery.

Article 44. Export of fishing vessels

1. A fishing vessel may be exported when the fisheries agency of the province where the fishing vessel is registered issues a certificate clearly stating the reason for de-registration of the fishing vessel for export.

2. The export of a fishing vessel in the case where it is carried by a specialized vessel shall comply with the law on the export of goods.

3. The departure of a fishing vessel its own power to the importing country shall comply with maritime law.

Article 45. Cases of de-registration of fishing vessels

1. A fishing vessel is destroyed, dismantled or sunk beyond salvage.

2. The fishing vessel is involved in IUU fishing in the waters of another nation or territory or in waters under the jurisdiction of a regional fisheries management organization and is seized, confiscated and destroyed.

3. There is no response after the fishing vessel registration agency has notified the fishing vessel owner, and search information has been disseminated via mass media for 06 months.

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5. At the request of the fishing vessel owner.

Chapter VI

FISHERIES RESOURCES SURVEILLANCE

Article 46. Organization of the fisheries resources surveillance force

1. The fisheries resources surveillance agencies at central level are organized as follows:

a) The Department of Fisheries and Surveillance is an agency affiliated to the Ministry of Agriculture and Environment. The Department of Fisheries Resources Surveillance includes specialized divisions, regional fisheries resources surveillance branches and Center serving fisheries resources surveillance;

b) A regional fisheries resources surveillance branch includes specialized divisions, a fisheries resources surveillance fleet and fisheries resources surveillance stations;

c) The Department of Fisheries and Surveillance and regional fisheries resources surveillance branches have juridical personality, their head offices, own seals and accounts opened at the State Treasury;

d) Fisheries resources surveillance stations of regional fisheries resources surveillance branches have their own seals for administrative transactions and handling of administrative violations within their competence.

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3. Scope of operation of the fisheries resources surveillance force:

a) Central fisheries resources surveillance agencies shall conduct patrols, inspections, controls and investigations, handle violations of law, apply measures to prevent violations and perform other tasks and exercise other powers prescribed in Article 88 of the Law on Fisheries in exploitation and protection of fisheries resources in offshore zones.

Based on requirements for the protection of fisheries resources and prevention of IUU fishing, the Minister of Agriculture and Environment shall decide on the central fisheries surveillance agencies’ patrols, inspections, controls and law enforcement in coastal zones, inshore zones, fishing ports and storm shelters for fishing vessels;

b) Fisheries resources surveillance agencies of coastal provinces and cities shall conduct patrols, inspections and controls, handle violations of law, apply measures to prevent violations and perform other tasks and exercise other powers prescribed in Article 88 of the Law on Fisheries in exploitation and protection of fisheries resources in the inland, coastal zones, inshore zones, fishing ports and storm shelters for fishing vessels in areas under their management.

4. For non-coastal provinces and cities, the Chairperson of the provincial People's Committee shall assign the fisheries agency or law enforcement agency or force to conduct patrols, inspections and controls of exploitation and protection of fisheries resources within their provinces and cities.

Article 47. Funding sources for fisheries resources surveillance

1. The state budget shall cover funding for fisheries resources surveillance according to applicable regulations on decentralization of authority to manage state budget:

a) The central government budget shall cover funding for activities of the central fisheries resources surveillance agencies, including: development investment capital; regular expenditures;

b) The local government budget shall cover funding for activities of fisheries resources surveillance branches of coastal provinces and central-affiliated cities, including: development investment capital; regular expenditures.

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Article 48. Specific expenditures on fisheries resources surveillance

1. Expenditures on operation of the fisheries resources surveillance apparatus shall comply with Government’s regulations on exercise of autonomy over employment of permanently employed employees and use of administrative management funding by state agencies.

2. Specific expenditures on fisheries resources surveillance from the funding annually covered by the state budget:

a) Expenditures on hotline watch which facilitate the handling of cases arising from fishing at sea between Viet Nam and neighboring countries and the performance of other watch-related duties assigned by competent agencies;

b) Expenditures on organization of conferences, seminars, preliminary and final reviews, professional and refresher training courses on fisheries resources surveillance;

c) Expenditures on materials and fuels for fisheries resources surveillance vessels for performance of tasks of patrol, inspection, control; natural disaster management, search and rescue and response to incidents at sea; cooperation with relevant forces in patrolling, inspecting and handling foreign fishing vessels violating Vietnamese waters and preventing Vietnamese fishing vessels from violation of foreign waters; participation in protection of sovereignty over Vietnam’s waters and islands in accordance with regulations;

dd) Expenditures on buying insurance for fisheries resources surveillance fleets (insurance for persons working fisheries resources surveillance vessels and insurance for fisheries resources surveillance vessels and boats); other taxes and fees prescribed by law;

e) Expenditures on collection and purchase of news from collaborators, processing of information, documents and evidences relating to fisheries resources surveillance; expenditures on verifying, investigating, and soliciting expert assessment of issues concerning fisheries resources surveillance;

g) Expenditures on hiring ship docking locations and anchorages for fisheries resources surveillance fleets and violating vessels held in custody by the fisheries resources surveillance force;

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h) Expenditures on procurement of fisheries resources surveillance vehicles, vessels and boats, military weapons, support instruments, specialized equipment and clothing for fisheries resources surveillance forces; procurement of consumable raw materials and equipment, medicines and medical equipment for giving first aid on fisheries resources surveillance vessels and boats;

i) Expenditures on building of a fisheries resources surveillance database, and maintenance and operation of the fisheries resources surveillance information system;

k) Expenditures on propagation of information and broadcasting of hot news on fisheries resources surveillance on television, and on dissemination of and education about laws on fisheries resources surveillance; on design and printing of fisheries resources surveillance forms;

l) Expenditures on unexpectedly rewarding collectives and individuals for making outstanding contributions to the patrol, inspection and control to ensure the enforcement of law on fisheries and to the protection of maritime sovereignty;

m) Other expenditures related to fisheries resources surveillance activities.

Chapter VII

PURCHASE, SALE, PRELIMINARY PROCESSING, PROCESSING, EXPORT AND IMPORT OF FISH AND FISHERIES PRODUCTS

Article 49. Issuance of licenses for export of aquatic species on the List of aquatic species prohibited from export or the List of aquatic species subject to conditional export but failing to satisfy conditions for scientific research or international cooperation purposes

1. The Minister of Agriculture and Environment has the competence in issuance of licenses for export of aquatic species on the List of aquatic species prohibited from export or the List of aquatic species subject to conditional export but failing to satisfy conditions for scientific research or international cooperation purposes.

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a) An application for issuance of an export license, which is made using the Form No. 29.NT in the Appendix I to this Decree;

b) Documents proving that the aquatic species are exported for scientific research or international cooperation purposes.

3. Sequence for issuance of an export license:

a) An organization or individual shall submit an application dossier to the agency assigned by the Minister of Agriculture and Environment to handle administrative procedures;

b) Within 07 working days from the receipt of a sufficient and valid dossier, the agency assigned by the Minister of Agriculture and Environment to handle administrative procedures shall consider the dossier and submit it to the Minister of Agriculture and Environment for issuance of the license according to the Form No. 30.NT in the Appendix I to this Decree. In case the dossier is unsatisfactory, the agency shall give a written response clearly stating the reasons therefor.

Article 50. Control of foreign vessels engaged in fishing, transport or transshipment of fish and fisheries products originating from catches entering Viet Nam’s ports

1. Competence in announcing, or removing ports from, the list of designated ports:

a) The Ministry of Agriculture and Environment shall preside over and cooperate with the Ministry of Transport in, designating, and announcing the list of, seaports that allow the entry of foreign vessels engaged in fishing, transport and transshipment of fish and fisheries products originating from catches for the purposes of import, temporary import, re-export, merchanting trade or transit to/through Vietnam’s territory, and notify the list of designated ports to the Food and Agriculture Organization (FAO);

b) The Ministry of Agriculture and Environment shall preside over and cooperate with the Ministry of Transport in removing ports from the list of designated ports that allow the entry of foreign vessels engaged in fishing, transport and transshipment of fish and fisheries products originating from catches for the purposes of import, temporary import, re-export, merchanting trade or transit to/through Vietnam’s territory in case these ports fail to fulfil their responsibilities under the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing under the provisions imposed by FAO.

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Foreign fisheries resource catching logistics vessels that supplying personnel, fuel, fishing gears and other equipment at sea which enter ports for the use of port services; foreign vessels engaged in fishing, transport and transshipment of fish and fisheries products originating from catches which enter ports for the purposes of import, temporary import, re-export, merchanting trade or transit to/through Vietnam’s territory.

3. Notification prior to a vessel's entry into a port:

72 hours before their foreign vessel’s entry into a port, any organization or individual that has a foreign vessel specified in clause 2 of this Article shall send a notification to the fisheries agency under the Ministry of Agriculture and Environment according to Form No. 20.KT provided in the Appendix II to this Decree, enclosed with photocopies of the documents specified in point b clause 5 in Vietnamese or English ( the original documents that are not written in English must be translated into Vietnamese or English and the translations must be authenticated according to regulations).

4. Inspection for decision to allow or refuse a vessel’s entry into a port:

Within 72 hours from the receipt of a request for entry into port, the fisheries agency under the Ministry of Agriculture and Environment shall check and verify whether the vessel is on the list of illegal fishing vessels or whether fisheries products of the fishing vessel and fish and fisheries products on board the vessel are on the List of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in order to decide to:

a) Allow the vessel to enter the port and notify the vessel owner or their legal representative and the maritime administration if the vessel neither violates IUU fishing regulations nor supports IUU fishing according to the Form No. 21.KT provided in Appendix II to this Decree;

b) Refuse to allow the vessel to enter the port and notify such to competent agencies at the port and, at the same time, send a notification to the flag State, related coastal States, regional fisheries management organization and related organizations in any of the following cases:

The vessel is included in the list of illegal fishing vessels published by neighboring coastal states, regional fisheries management organizations and relevant international organizations;

There are requests from a coastal State, regional fisheries management organizations or related international organizations.

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a) Principles of inspection: Ensure fairness, transparency, non-discrimination and no harassment during inspection; do not affect the quality of fish on board the vessel. Inspection officers must have professional expertise and be knowledgeable about the law on fisheries; do not interfere in the exchange of information between the captain and competent agencies of the flag state according to international law; if necessary, a representative of the flag state and international experts may be invited to join the inspection;

b) Documents to be presented to inspection officers: fishing vessel registration certificate; fishing license; transshipment license, reports on transshipment and information on the vessel engaged in transshipment (fishing license, transshipment license, registration certificate, declarations provided by the captain); vessel's hold diagram; copy of license for import of aquatic species originating from catches on the CITES List (in case where there is any aquatic species on the CITES List); documents related to other information specified in Form No. 20.KT in the Appendix II to this Decree.

6. Contents of physical inspection upon a vessel’s entry into a port:

a) Checking the accuracy of information declared in Form No. 20.KT in Appendix II to this Decree against that stated in dossiers stored on board the vessel;

b) Checking the volume and composition of fish and fisheries products, fishing gears and related equipment on board the vessel against those declared in Form No. 20.KT in Appendix II to this Decree;

c) Comparing the actual volume of fish and fisheries products loaded/unloaded at the port with the declared volume in order to prepare an inspection record according to Form No. 25.KT in Appendix II to this Decree.

7. Sequence of physical inspection upon a vessel’s entry into a port:

a) An inspector shall present documents evidencing his/her official duties to the captain;

b) The inspector shall carry out inspection according to the contents mentioned in clause 6 of this Article and information in Form No.20.KT in Appendix II to this Decree;

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d) The inspector shall make an inspection record according to Form No. 25.KT in Appendix II to this Decree;

dd) Inspection results shall be notified and processed as prescribed in clause 8 of this Article.

8. Notification and processing of physical inspection results upon a vessel’s entry into a port:

a) The fisheries agency under the Ministry of Agriculture and Environment shall refuse the unloading of fish and fisheries products onto a port and request a competent agency to compel the vessel to leave Vietnam’s territory (except for force majeure for humanitarian reasons) and issue a notification of refusal to provide services at the port according to Form No. 21.KT in Appendix II to this Decree to the competent agency and at the same time notify inspection results and measures against violations to the flag state, coastal states, the regional fisheries management organization, FAO, relevant international organizations and state of which the captain of such fishing vessel is a citizen if one of the following cases occurs:

Imported fish and fisheries products are caught by the vessel not having a license or having an unlawful or invalid license according to regulations of the flag state or the competent coastal state.

Imported fish and fisheries products are transported or transshipped by the vessel not having a license or having an unlawful or invalid license according to regulations of the flag state or the competent coastal state.

Imported fish and fisheries products are caught by the vessel not having a license or having an unlawful or invalid license within the waters under the jurisdiction of the regional fisheries management organization.

Imported fish and fisheries products are transported or transshipped by the vessel not having a license or having an unlawful or invalid license within the waters under the jurisdiction of the regional fisheries management organization.

There is evidence that imported fish and fisheries products on board the vessel are caught in excess of the licensed quota allowed by the competent coastal state or the regional fisheries management organization.

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Imported fish and fisheries products are caught by the vessel on the IUU Vessel List of the flag state or of the competent coastal state or the regional fisheries management organization.

b) The inspection record shall be made according to Form No. 25.KT in Appendix II to this Decree in 02 copies, each of which is kept by the captain and the inspecting authority..

c) The competent agency under the Ministry of Agriculture and Environment shall: Withdraw the decision to refuse the unloading of fish and fisheries products onto a port or request the maritime administration not to permit the vessel to use services at the port until there is enough evidence that the findings mentioned in point a of this clause are based on insufficient or inaccurate grounds or these grounds are no longer used.

Notify such withdrawal to the vessel owner or their legal representative, state management agencies at the port, the flag state, the coastal state, the regional fisheries management organization, FAO, relevant international organizations and state of which the captain of such fishing vessel is a citizen.

9. After customs clearance, in case of receiving a notification from the flag state, coastal state, regional fisheries management organization or related international organization that fish and fisheries products violate IUU fishing regulations, the competent agency shall impose penalties for administrative violations in the field of fisheries in accordance with law.

10. Standards to be satisfied by and rights of an inspector:

a) Standards:

The inspector must be a civil servant or public employee currently working at the fisheries agency under the Ministry of Agriculture and Environment and assigned to control foreign fishing vessels and vessels transporting fish and fisheries products originating from catches entering Viet Nam's port; must have professional expertise and be knowledgeable about the law on fisheries; must possess skills in inspection upon request and be knowledgeable about the provisions of the Agreement on Port State Measures.

b) Rights of an inspector:

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Collect documents and evidences related to the vessel, fish and fisheries products on board the vessel to serve the inspection.

Embark the vessel and inspect its areas related to information to be inspected; access the VMS and automatic identification system (AIS) of the vessel (if any), fishing gears, hold diagram and other relevant equipment on board the vessel;

Attend professional and refresher training courses on implementation of the Agreement on Port State Measures.

Exchange information with the conduits of the flag state and other states, regional fisheries management organizations and relevant international organizations in order to verify information about the vessel, fish and fisheries products on board the vessel;

Propose the national conduits to invite a representative of the flag state and international experts to join the inspection if necessary; propose the establishment of a cross-sectoral inspectorate or hire interpreters (if necessary).

Request suspension of loading/unloading or require port authorities to stop providing port services.

11. Responsibilities of an inspector: Make sure that the inspection is conducted following the principles specified in point a clause 5 of this Article.

Article 51. Control of fish and fisheries products originating from catches transported by containers for import into Viet Nam

1. At least 48 hours before a transported shipment (except the sample shipment weighing less than 50 kg, not intended for commercial purposes and not circulated on the market) enters a port, an organization or individual importing fish and fisheries products originating from catches to Viet Nam by containers shall make declaration and send a dossier to the fisheries agency under the Ministry of Agriculture and Environment to verify the chain of custody of fish and fisheries products imported to counter IUU fishing and serve inspection and examination (the original documents that are not written in English must be translated into Vietnamese or English and the translations must be authenticated according to regulations). The dossier shall consist of:

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b) A copy of the bill of lading in respect of imported fish and fisheries products originating from catches;

c) A copy of the catch certificate issued by a competent authority of the exporting country to the shipment or a document confirming or certifying fish originate from catches issued by a competent authority of the exporting country to the shipment;

d) If the certificate or document specified in point c of this clause is not available, a copy of the fishing license of the vessel is required. Regarding shipments of swordfish (Xiphias gladius) and targeted species under the plan issued by the Ministry of Agriculture and Environment for inspection and control of fish and fisheries products imported, temporarily imported for re-export, transshipped, involved in merchanting trade transactions and transited to/through the territory of Viet Nam by containers, copies of the fishing license and the Captain’s statement of the fishing vessel are required. The Captain’s statement shall contain information about the fishing vessel for fish and fisheries products imported into Viet Nam, including: name of the vessel, registration number (IMO/international call sign/hull markings/RFMO registration number, the flag state, number of the fishing license, type of fishing gear, fishing time and areas; date and time of first arrival and confirmation that fish are caught according to applicable regulations and management and preservation measures. The Captain’s statement must bear the signature of the captain of the fishing vessel.

2. The fisheries agency under the Ministry of Agriculture and Environment shall:

a) Consolidate information declared by organizations or individuals to serve post-import examination and inspection in relation to regulations on combat of IUU fishing as per regulations with regard to containers carrying imported fish and fisheries products that are not subject to inspection under annual plans to inspect and control fish and fisheries products imported, temporarily imported, re-exported, involved in merchanting trade transactions and transited to/through Viet Nam by containers issued by the Ministry of Agriculture and Environment;

b) Organize the appraisal of declaration dossiers for verification of the chain of custody of fish and fisheries products imported to counter IUU fishing for shipments of swordfish (Xiphias gladius) and targeted species under the plan issued by the Ministry of Agriculture and Environment for inspection and control of fish and fisheries products imported, temporarily imported for re-export, transshipped, involved in merchanting trade transactions and transited to/through the territory of Viet Nam by containers.  Contents to be appraised include inspection of validity of the information and dossier sent by the shipment owner according to regulations in clause 1 of this Article; inspection and comparison with the fishing quotas of each country, fishing zones and species allowed to be caught according to regulations (if information is available).

In case the declared information and dossier are satisfactory, the fisheries agency under the Ministry of Agriculture and Environment shall send a notification according to Form No. 23.KT provided in Appendix II to this Decree to the shipment owner within 48 hours from the time of receiving a satisfactory declaration dossier and concurrently to the customs authority for cooperation in completing the import clearance procedures;

Where the information and dossiers declared upon import indicate that the imported fish are caught or transshipped in an illegal, unreported or unregulated manner, the fisheries agency under Ministry of Agriculture and Environment shall notify such to the shipment owner and appoint an inspector satisfying the standards specified in clause 10 Article 50 to cooperate with the customs authority in conducting physical inspection of fish on containers for physical inspection of the shipment and complete an inspection record according to Form No. 24.KT in the Appendix II to this Decree. In case where species composition cannot be determined, the sampling shall be conducted to serve the inspection.

Processing of inspection results:

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In case the physical inspection results are satisfactory, the competent agency shall notify the shipment owner and the customs authority in order to follow procedures for customs clearance of the imported shipment according to regulations.

3. In case of receiving a notification from the flag state, coastal states, regional fisheries management organizations and related international organizations that fish and fisheries products transported by containers are caught in an illegal, unreported and unregulated manner:

a) In case the shipment has not entered the port, the fisheries agency under the Ministry of Agriculture and Environment shall cooperate with relevant agencies in preventing the loading/uploading;

b) In case the shipment has been unloaded at the port and is currently under customs supervision, the fisheries agency under the Ministry of Agriculture and Environment shall cooperate with relevant agencies in notifying importers for handling as per law and compel the re-export of the shipment;

c) In case the shipment has been granted customs clearance, regulations on imposition of administrative penalties in the fisheries sector shall be complied with.

4. Where it is suspected that fish and fisheries products is involved in violation in relation to IUU fishing as notified by the flag state, coastal states or regional fisheries management organizations and related international organizations or through checking of obtained information:

a) In case the shipment has not entered the port or has entered the port but has not been granted customs clearance, the fisheries agency under the Ministry of Agriculture and Environment shall cooperate with relevant agencies in conducting inspection and examination as prescribed in point b clause 2 of this Article. In case no violation is found, the inspection results shall be sent to the shipment owner for completion of the customs clearance procedures. In case a violation is found, the shipment shall be required to be re-exported and handled in accordance with regulations;

b) In case the shipment has been granted customs clearance, the fisheries agency under the Ministry of Agriculture and Environment shall cooperate with relevant agencies in conducting inspection and examination. In case any violation is found, regulations on imposition of administrative penalties in the fisheries sector shall be complied with.

5. The processing of results of post-import examination and inspection in relation to regulations on combat of IUU fishing with regard to containers carrying imported fish and fisheries products that are not subject to inspection under annual plans to inspect and control fish and fisheries products imported, temporarily imported, re-exported, involved in merchanting trade transactions and transited to/through Viet Nam by containers issued by the Ministry of Agriculture and Environment shall observe the provisions of point b clause 2 of this Article. The inspection record shall be made using the Form No. 24.KT in Appendix II to this Decree.

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Article 52. Responsibilities of related agencies and organizations for control of foreign vessels engaged in fishing, transport or transshipment of fish and fisheries products originating from catches entering Viet Nam’s ports and control of fish and fisheries products originating from catches transported by containers for import into Viet Nam

1. The fisheries agency under the Ministry of Agriculture and Environment shall:

a) Preside over and cooperate with relevant forces at ports in controlling fish originating from catches;

b) Preside over formulating a mechanism for cooperation in exchange of information with coastal states on allowable quotas for aquatic species caught for the purpose of import into Viet Nam;

c) Organize supervision of classification process at warehouses for tuna species caught, transported and transshipped by foreign vessels as prescribed in Article 51 of this Decree; collect samples for testing upon suspicion or request; select enterprises for supervision according to practical requirements or in a random manner to serve the management;

d) Formulate random control measures at importing factories in order to ensure that the declared production and types are accurate and consistent with species quotas allocated by coastal states or regional fisheries management organizations.

2. A port operator shall:

a) Provide human resources, working places, means and equipment for competent state agencies to perform tasks according to regulations;

b) Submit to the fisheries agency under the Ministry of Agriculture and Environment a report on the actual catch loaded and unloaded at their port together with detailed information on vehicle number, customer name, weighing date, gross vehicle weight, empty vehicle weight, cargo weight and hold code immediately after loading and unloading.

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4. Captains, vessel owners, cargo owners, and enterprises importing fish and fisheries products originating from catches shall comply with regulations on inspection and control, and provision of information and documents at the request of inspectors and inspectorates according to regulations of law; cargo owners shall provide relevant documents to serve the chain-based control and management.

5. Organizations and individuals shall comply with regulations of law on inspection and control vessels, fish and fisheries products originating from catches entering ports for the purposes of import, temporary import, re-export, merchanting trade and transit to/through Vietnamese territory.

6. A fish importer shall:

a) Report the fisheries agency under the Ministry of Agriculture and Environment on the actual catch and composition of imported species after classification together with the declared contents according to Form No. 20.KT in the Appendix II to this Decree and a copy of the cleared customs declaration within 60 days from the date of commencement of loading and unloading at the port;

b) Be responsible to the legality of the documents and declaration dossiers; upon request, provide dossiers containing the information declared in Form No. 22.KT in Appendix II to the fisheries agency under the Ministry of Agriculture and Environment for inspection and examination in accordance with clause 2 Article 51 of this Decree;

c) Enable the fisheries agency under the Ministry of Agriculture and Environment in the process of supervision and classification at warehouses.

7. Every provincial fisheries agency shall cooperate with the fisheries agency under the Ministry of Agriculture and Environment in inspecting foreign vessels entering ports upon request.

Chapter VIII

STATE MANAGEMENT OF FISHERIES

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1. The Ministry of Agriculture and Environment shall:

a) Organize the implementation of the provisions of clause 2 Article 101 of the Law on Fisheries;

b) Provide directions and professional guidance on fisheries and fisheries resources surveillance in accordance with law nationwide;

c) Direct the organization of enforcement of laws on fisheries and fisheries resources surveillance nationwide in accordance with law;

d) Formulate and direct the implementation of technical guiding documents; technical processes; conduct supervision and assessment in the fisheries sector;

dd) Organize the building of a national fisheries database system; perform uniform management of VMS nationwide; prescribe technical management of VMS;

e) Decentralize authority over and authorize the management of fisheries activities to affiliated units and localities; assign state management agencies under the Ministry of Agriculture and Environment to receive and process administrative procedures and organize the implementation of this Decree within its competence;

g) Organize the provision of public fishery logistics services and manage, operate and maintain fishing ports and storm shelters for fishing vessels in accordance with the Government's regulations on assignment of tasks, placement of orders or bidding for the provision of public products and services covered by state budget funds for regular expenditure;

h) Propose to competent authorities, or decide within its competence, the approval of investment policies, allocation of state budget funds for investment in, and organization of implementation of projects serving the management and sustainable development of the fisheries sector in accordance with law;

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2. The Ministry of Construction shall:

a) Preside over and cooperate with the Ministry of Agriculture and Environment in ensuring maritime safety and security and protecting the marine environment in respect of activities of fishing vessels and fishing ports;

b) Cooperate with the Ministry of Agriculture and Environment in managing the transport of fish and fishery products through seaports, fishery logistics services, and fishing vessels at seaports and inland waterway ports under its management in accordance with the Agreement on Port State Measures; export and import of fishing vessels.

3. The Ministry of Finance shall:

a) Prescribe fees and charges in accordance with this Decree and the law on fees and charges in the fisheries sector;

b) Direct the Department of Customs not to grant custom clearance to shipments of illegally caught fish and fishery products on the basis of opinions of the competent agency under the Ministry of Agriculture and Environment; cooperate with the competent authority responsible for control of fish originating from catches imported into Viet Nam under the Ministry of Agriculture and Environment in taking measures to control fish originating from catches imported into Viet Nam by containers;

c) Assign the Department of Customs to provide, before the 25th day of each month, information and documents on shipments of fish originating from catches imported into the territory of Viet Nam to the authority under the Ministry of Agriculture and Environment for monitoring and for inspection and control of origin. The information and documents provided shall be based on the requests of the competent agency under the Ministry of Agriculture and Environment and on the relevant information fields in the System managed by the customs authority;

d) Cooperate with the Ministry of Agriculture and Environment in managing the transport of fish through seaports, fishery logistics services, and fishing vessels at seaports in accordance with the Agreement on Port State Measures.

4. The Ministry of National Defense shall:

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b) Direct the coast guard force to conduct patrols, inspections and controls, and handle violations of law in fisheries activities in accordance with law;

c) Direct the navy, border guard and coast guard forces to disseminate and provide education about the law on fisheries law; ensure security, order and safety for fishermen conducting fisheries activities in waters in accordance with law;

d) Preside over and cooperate with the Ministry of Agriculture and Environment in managing fishing vessels, seamen and persons working on foreign fishing vessels operating in Vietnamese waters and Vietnamese fishing vessels operating in waters;

dd) Perform other tasks and exercise other powers related to the fisheries sector in accordance with law.

5. The Ministry of Public Security shall:

a) Grasp the situation, detect, investigate and handle, through criminal or administrative proceedings, violations of law in the fisheries sector within the bounds of its functions and competence;

b) Cooperate with the Ministry of Agriculture and Environment in reviewing and updating information on fishing vessels and fishermen on the National Identification Application (VneID) in service of the management work in the fisheries sector;

c) Cooperate with competent forces in conducting patrols and controls, and detecting violations of the law on fisheries in Vietnamese waters and other waters in accordance with law for handling within the bounds of its functions and competence.

Article 54. Responsibilities of provincial People’s Committees

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2. Organize management, inspection, examination, propagation of information about, training in, dissemination of laws on, provision of guidance on and allocation of resources for implementation of the provisions on fisheries activity management assigned under this Decree.

3. Direct provincial fisheries agencies and commune-level People's Committees to implement the provisions assigned under this Decree.

4. Organize resource surveys and announce catch quotas for fisheries resources in the coastal and inshore zones under local management.

5. Assign local fisheries resources surveillance forces to conduct patrols, inspections and controls, and handle violations in the inland, coastal zones, inshore zones, fishing ports, storm shelters for fishing vessels and marine protected areas in areas under their management.

6. Direct and inspect operations of local fisheries resources surveillance forces; cooperation between fisheries resources surveillance forces and relevant agencies and forces in provinces; provide fisheries resources surveillance ships and boats, weapons, support instruments, specialized equipment; uniforms, insignia, rank insignia and signal flags to fisheries resources surveillance forces in accordance with law.

7. Propose to competent authorities, or decide within their competence, the approval of investment policies, allocation of state budget funds for investment in, and organization of implementation of projects serving the management and sustainable development of the fisheries sector in accordance with law.

8. Propose to competent authorities, or decide within its competence, the allocation of state budget funds for implementation of state management tasks in fisheries and fisheries resources surveillance in accordance with law.

Chapter IX

IMPLEMENTATION CLAUSE

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1. Any organization or individual has their dossier received by a competent state agency or competent person for processing according to administrative procedures before the effective date of this Decree but has yet to obtain the results, they shall continue to have their dossier processed in accordance with the law applicable at the time of receipt, unless the organization or individual requests that the provisions of this Decree be applied.

2. Documents, licenses and certificates issued by a competent agency or competent person as results of administrative procedure handling before the effective date of this Decree which remain effective shall continue to be applied and used until their expiry dates.

Where an organization or individual wishes to have a document, license or certificate amended, supplemented or re-issued, they shall submit a written request to the competent agency or competent person specified in this Decree.

3. A certificate of identification code for Pangasius fish farming ponds issued to Pangasius fish farming facilities shall continue to be used and have the same validity as that of the certificate of key aquaculture species; where information on the certificate is changed, a Pangasius fish farming facility shall carry out procedures for registration of key aquaculture species in accordance with this Decree.

4. For VTUs installed on a fishing vessel before the effective date of Decree No. 37/2024/ND-CP, the fishing vessel owner shall update and add their technical specifications as prescribed by this Decree before December 31, 2026.

5. For a fishing vessel on which 03 or more VTUs are installed before the effective date of this Decree, the third and subsequent VTU may continue to be used in accordance with this Decree until June 30, 2026. When the third and subsequent VTU is removed, the fishing vessel owner shall make a declaration as prescribed in point d clause 9 Article 26 of this Decree in order to delete information on the removed VTU from the VMS.

6. Non-coastal provinces and cities shall continue to review and determine the number of existing fishing vessels and the areas in which such fishing vessels operate and the fishing licenses issued to fishing vessels with a maximum length of from 06 meters to less than 15 meters before the effective date of this Decree, and send information thereon to the People's Committees of coastal provinces and cities where the fishing vessels operate for negotiation of and inclusion in, the coastal and inshore fishing quotas of the coastal provinces and cities, and cooperate in managing activities of fishing vessels.

Article 56. Effect

1. This Decree comes into force from the date on which it is signed for promulgation, except the provision specified in clause 2 of this Article.

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3. The following Decrees shall cease to have effect from the effective date of this Decree:

a) The Government’s Decree No. 26/2019/ND-CP dated March 08, 2019 on elaboration and guidelines for implementation of several Articles of the Law on Fisheries.

b) The Government’s Decree No. 12/2020/ND-CP dated January 20, 2020 ceasing effect of Article 63, point c clause 1 Article 64, point b clause 2 and clause 3 Article 65 of the Government’s Decree No. 26/2019/ND-CP dated March 08, 2019 on elaboration and guidelines for implementation of several Articles of the Law on Fisheries;

c) The Government’s Decree No. 37/2024/ND-CP dated April 04, 2024 amending and supplementing several Articles of the Government’s Decree No. 26/2019/ND-CP dated March 08, 2019 on elaboration and guidelines for implementation of several Articles of the Law on Fisheries;

d) The Government’s Decree No. 309/2025/ND-CP dated November 29, 2025 amending and supplementing several Articles of the Government’s Decree No. 26/2019/ND-CP dated March 08, 2019 on elaboration and guidelines for implementation of several Articles of the Law on Fisheries.

4. The following provisions and documents are repealed:

a) Chapter IV and Appendix III of the Government’s Decree No. 136/2025/ND-CP dated June 12, 2025 on delegation and decentralization of powers in the fields of agriculture and environment;

b) Section 3 and Appendix II of the Government’s Decree No. 131/2025/ND-CP dated June 12, 2025 on distinction of powers of 02-tier local governments in field of state management by the Ministry of Agriculture and Environment.

Article 57. Responsibility for implementation

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FOR THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME




Tran Hong Ha