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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
123/2006/ND-CP
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Hanoi,
October 27, 2006
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DECREE
ON MANAGEMENT OF AQUATIC RESOURCE EXPLOITATION BY VIETNAMESE
ORGANIZATIONS AND INDIVIDUALS IN SEA AREAS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the November 26, 2003 Law on Fisheries;
At the proposal of the Minister of Fisheries,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope and subjects
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When a relevant treaty to which the Socialist
Republic of Vietnam is a contracting party contains provisions different from
those of this Decree, the provisions of that treaty shall apply.
Article 2.-
Interpretation of terms
1. Vietnam's sea areas means sea areas under the
sovereignty, sovereign right and jurisdiction of the Socialist Republic of
Vietnam as specified in the June 17, 2003 Law on National Borders and treaties
to which the Socialist Republic of Vietnam is a contracting party.
2. Sea areas outside Vietnam means international
sea areas (the high seas) or sea areas of other countries.
Article 3.- General
principles
1. The Ministry of Fisheries shall assist the
Government in performing the uniform management of the aquatic resource
exploitation by Vietnamese organizations and individuals in and outside
Vietnam's sea areas.
2. The management of aquatic resource
exploitation is aimed at protecting and developing aquatic resources in a
sustainable manner and ensuring safety for humans and fishing ships engaged in
aquatic resource exploitation in sea areas.
Chapter II
MANAGEMENT OF AQUATIC
RESOURCE EXPLOITATION IN VIETNAM'S SEA AREAS
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1. Vietnam's sea areas are divided into:
a/ Coastal sea areas, which are measured from
the coast (the lowest tide line) to the line connecting points of 24 nautical
miles from the coast;
Provincial/municipal People's Committees
(collectively referred to as provincial-level People's Committees) of adjoining
coastal localities shall base themselves on the specific geographical
characteristics of local sea areas to determine and publicize the boundaries
between the coastal sea areas of their provinces;
b/ Offshore sea areas, which are measured from
the line of 24 nautical miles from the coast to the outer limit of Vietnam's
sea areas.
2. Coastal sea areas are divided into two routes
as follows:
a/ The coastal route, which are the sea area
from the coast to the line connecting points of six nautical miles from the
coast;
b/ The inshore route, which are the sea area
from the line of six nautical miles from the coast to the line connecting
points of 24 nautical miles from the coast.
3. Offshore sea areas are considered the
offshore route.
4. For islands and archipelagoes,
provincial-level People's Committees shall base themselves on the necessity and
particular characteristics of each island or archipelago to decide on the
coastal route of that island or archipelago, which, however, must not extend
beyond the limit of six nautical miles.
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Organizations and individuals exploiting aquatic
resources in Vietnam's sea areas must abide by the provisions of relevant laws
and the following regulations:
1. Regulations of the Fisheries Ministry or
provincial-level People's Committees on the list of aquatic animals banned from
exploitation; exploitation methods, exploitation trades or fishing gears banned
or restricted from use in sea areas or each exploitation route; areas where
exploitation is banned or areas where exploitation is banned during given
periods of time; categories and minimum sizes of aquatic animals permitted for
exploitation.
2. Regulations on fishing ships operating in
coastal routes:
a/ Fishing ships with a designed waterline
length of under 15 meters, without or with engines of a total capacity of under
20 horsepower may operate in costal routes.
b/ Coastal fishing ships which make registration
in one province may operate only in the coastal route of that province.
c/ Coastal fishing ships may not operate in
inshore routes and offshore routes.
3. Regulations on fishing ships operating in
inshore routes:
a/ Fishing ships with a designed load waterline
length of 15 meters or more, without or with engines of a total capacity from
20 horsepower to under 90 horsepower may operate in inshore routes;
b/ Except for cases defined at Point a, Clause 4
of this Article, inshore fishing ships may not operate in coastal and offshore
routes,.
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a/ Fishing ships with engines of a total capacity
of 90 horsepower or more and those with engines of a total capacity of 50
horsepower or more which are specialized in cuttlefish catching may operate in
offshore routes;
b/ Offshore fishing ships may not operate in
coastal and inshore routes.
5. Fishing ships operating in inshore and
offshore routes must be marked for identification. The Ministry of Fisheries
shall specify the identification signs of fishing ships operating in inshore
and offshore routes.
Chapter III
MANAGEMENT OF AQUATIC
RESOURCE EXPLOITATION OUTSIDE VIETNAM'S SEA AREAS
Article 6.- Conditions
for aquatic resource exploitation outside Vietnam's sea areas
Organizations and individuals exploiting aquatic
resources in international sea areas or sea areas of other countries must
satisfy the following conditions:
1. There is an agreement on cooperation in
aquatic resource exploitation between the Socialist Republic of Vietnam and the
host country or there is a contract on cooperation in aquatic resource
exploitation signed with organizations or individuals of the host country,
which is approved by a competent agency of the host country.
2. For fishing ships:
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b/ Having gone through registration and registry
and having their technical safety certificates still valid for at least three
months.
c/ Being equipped with adequate safety equipment
for humans and fishing ships and communications devices appropriate for the sea
areas where they operate in accordance with law;
d/ Having enough crewmembers as required by law.
3. For crewmembers and persons working onboard
fishing ships:
a/ Masters and chief engineers must have
master's or chief engineer's diplomas, granted by competent agencies;
a/ Having crew insurance cards;
c/ Having passports in accordance with law;
d/ On a fishing ship or a fishing fleet, there
must be at least one person who is fluent in English or the common language of
the country where the ship comes to exploit aquatic resources.
Article 7.- Procedures
for and order of the grant of relevant papers to fishing ships engaged in
aquatic resource exploitation outside Vietnam's sea areas
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a/ An application for papers defined in Clause 2
of this Article to fishing ships engaged in aquatic resource exploitation in
international sea areas or sea areas of other countries, certified by the
provincial-level agency in charge of state management of fisheries in the
locality where the fishing ship owner has made registration;
b/ A copy of the contract on cooperation in
aquatic resource exploitation;
c/ A copy of the fishing ship registration
certificate;
d/ A copy of the fishing ship's technical safety
certificate;
e/ A crew list;
f/ Copies of diplomas of the master and chief
engineer.
2. Within seven working days after receiving a
valid and complete dossier, the Fisheries Ministry's Aquatic Resource
Exploitation and Protection Department shall consider the dossier and issue the
following papers for the fishing ship to exploit aquatic resources outside
Vietnam's sea areas:
a/ A permit for the fishing ship to exploit
aquatic resources outside Vietnam's seas areas;
b/ A certificate of ship nationality (in
Vietnamese and English);
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d/ A crew list (in Vietnamese and English).
In case of refusal to issue papers defined in
Clause 2 of this Article, the Aquatic Resource Exploitation and Protection
Department shall send written replies to fishing ship owners, stating the
reasons therefor.
Chapter IV
RESPONSIBILITIES OF
ORGANIZATIONS AND INDIVIDUALS INVOLVED IN AQUATIC RESOURCE EXPLOITATION
Article 8.-
Responsibilities of organizations and individuals exploiting aquatic resources
in Vietnam's sea areas
1. To fulfill obligations defined in Article 21
of the Fisheries Law.
2. To comply with the provisions of the
Government's Decree No. 66/2005/ND-CP of May 19, 2005, on ensuring safety for
humans and fishing ships engaged in fisheries activities and relevant
provisions of law.
3. While operating on the sea, fishing ships
must have the following papers (originals):
a/ The permit for aquatic resource exploitation,
except for fishing ships of a tonnage of under 0.5 tons;
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c/ The certificate of fishing ship registration,
for fishing ships for which such certificate is required by law. When fishing
ships have been mortgaged at bank, a copy of the fishing ship registration
certificate, certified by that bank, is required;
d/ The crewmember register and crewmember books
in accordance with law.
Crewmembers and persons working onboard fishing
ships for whom crewmember books are not required by law must have personal
identification papers.
4. To make daily records and reports on aquatic
resource exploitation according to regulations of the Fisheries Ministry.
Article 9.-
Responsibilities of organizations and individuals exploiting aquatic resources
outside Vietnam's sea areas
1. To carry out entry and exit procedures in
accordance with laws of Vietnam and countries where their fishing ships come to
exploit aquatic resources.
2. To abide by Vietnam's law, treaties to which
the Socialist Republic of Vietnam is a contracting party and the laws of
countries where their fishing ships come to exploit aquatic resources.
3. Owners of fishing ships shall buy insurance
for crewmembers and workers working onboard their fishing ships.
4. While exploiting aquatic resources on the
sea, masters of fishing ships shall carry along the following papers
(originals):
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b/ Relevant papers issued by the host country
when the fishing ships operate on that country's sea areas.
5. Upon occurrence of incidents or accidents or
in dangerous circumstances, master shall make emergency signals, contact
relevant authorities of the nearest sea country and notify such to Vietnamese
diplomatic missions or consulates for help; and notify such to provincial-level
state management agencies in charge of fisheries or to the Fisheries Ministry.
Chapter V
RESPONSIBILITIES OF
STATE MANAGEMENT AGENCIES
Article 10.-
Responsibilities of the Ministry of Fisheries
1. To assume the prime responsibility for, and
coordinate with concerned ministries, branches and People's Committees of
coastal provinces in, organizing surveys, exploration and assessment of aquatic
resources in each sea area; to formulate plannings and plans on the development
of fishing ships and a rational structure of aquatic resource exploitation in
order to protect and develop aquatic resources in a sustainable manner.
2. To assume the prime responsibility for, and
coordinate with People's Committees of coastal provinces in, managing aquatic
resource exploitation in offshore routes.
3. To build an information system for management
of fishing ships; to grant permits for fishing ships to operate in different
sea areas according to its competence.
4. To coordinate with concerned ministries,
branches and People's Committees of coastal provinces in managing fishing ships
engaged in aquatic resource exploitation in different sea areas and
exploitation routes, to examine, inspect and handle violations of law and carry
out search and rescue activities for humans and fishing ships engaged in
aquatic resource exploitation in Vietnam's sea areas.
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6. To guide provincial-level People's Committees
in formulating regimes and policies to support fishermen to shift from coastal
exploitation to other trades, in performing the community-based management in
coastal sea areas, and to provide guidance on legal matters related to aquatic
resource exploitation in service of law dissemination and education in
localities.
Article 11.-
Responsibilities of concerned ministries and branches
Within the scope of their responsibilities and
competence, to coordinate with the Ministry of Fisheries in inspecting,
controlling and handling violations, ensuring security, order and safety for
fishermen involved in aquatic resource exploitation on the sea; to prevent acts
of violating the fisheries law; to coordinate with branches and authorities in
carrying out search and rescue activities for humans and fishing ships on the
sea, create favorable conditions for fishermen to exploit aquatic resources in
different sea areas.
Article 12.-
Responsibilities of People's Committees of coastal provinces
1. Based on the planning on development of the
fisheries sector, to formulate plannings and plans on development of fishing ships,
the structure of aquatic resources exploitation and aquatic resource protection
in their localities; to coordinate with the Ministry of Fisheries in surveying,
exploring and assessing aquatic resources.
2. To manage aquatic resource exploitation in coastal
sea areas; to coordinate with the Ministry of Fisheries in managing aquatic
resource exploitation in offshore sea areas.
3. To carry out the dissemination of the
fisheries law among people.
4. To guide and widely apply models of aquatic
resource exploitation by setting up production teams or groups in combination
with logistic services so as to ensure safety on the sea; to guide and create
conditions for fishermen to shift from coastal exploitation to offshore
exploitation, aquaculture or provision of other services.
To decentralize the management of coastal routes
to district- and commune-level People's Committees; to develop models of
community-based management of aquatic resources in coastal routes.
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6. Monthly, to report to the Ministry of
Fisheries on the registration and registry of fishing ships and the grant of
aquatic resource exploitation permits in their localities according to the
Fisheries Ministry's regulations.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 13.- Implementation
effect
This Decree takes effect 15 days after its
publication in "CONG BAO."
Article 14.- Provision
of guidance on, and implementation of, the Decree
1. The Minister of Fisheries shall guide and
inspect the implementation of this Decree.
2. Ministers, heads of ministerial-level
agencies and government-attached agencies, and presidents of provincial-level
People's Committees shall implement this Decree.