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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.66/2005/ND-CP
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Hanoi,
May 19, 2005
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DECREE
ENSURING SAFETY FOR PEOPLE AND SHIPS ENGAGED IN
FISHERIESACTIVITIES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government datedDecember 25, 2001;
Pursuant to the Law on Fisheries dated November 26, 2003;
At the proposal of the Minister of Fisheries,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Regulation
scope
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Article 2. Subjects of
application
Vietnamese and foreign organizations and
individualsconducting fisheries activities in the seas and other natural waters
of Vietnammust all comply with the provisions of this Decree and relevant
provisions oflaw.
Where international treaties to which the
Socialist Republicof Vietnam is a signatory contain provisions different from those
of thisDecree, the provisions of such international treaties shall apply.
Article 3.
Interpretation of terms
1. Fishing ship owners mean organizations or
individualsowning, managing or using fishing ships.
2. Captains are persons being commanders on fishing
ships,for ships installed with a main engine of 20 horse powers or more or
notinstalled with an engine but having a designed waterline of 15 meters or
more.
3. Fishing ship operators are those who directly
operatefishing ships, for ships installed with a main engine of under 20 horse
powersor not installed with an engine and having a designed waterline of under
15meters.
4. Fishing ship crew members are those included
in thecomplement of ships, including captains, officers and other title
holdersarranged to work onboard ships.
5. Persons working onboard fishing ships are
those other thancrew members: officials on public duty, scientific researchers,
apprenticestudents.
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1. Assurance of safety for people and fishing
ships must beconducted simultaneously with the tasks of observing the
regulations ontechnical safety for fishing ships right at the time of building
ships; ofbuilding and completing infrastructures in service of fishery (fish
ports, fishwharfs, storm shelter anchorage zones and communication and
informationsystem...); propagating, disseminating, educating law to fishermen
andcommunities.
2. Assurance of safety for people and fishing
ships is theresponsibility of fishermen and relevant agencies, organizations
andindividuals.
Chapter II
RESPONSIBILITIES OF FISHING-SHIP OWNERS, CAPTAINS AND
CREWMEMBERS IN SAFETY ASSURANCE
Article 5. For
fishing-ship owners
1. To maintain fishing ships in the constant
state of safety.
2. To provide adequate safety, rescue,
information equipmentand personal protection means for people and fishing ships
according to theprescribed norms. To elaborate and promulgate internal
regulations andprocedures for use of safety equipment on fishing ships.
3. To sign labor contracts with crew members and
workingpeople according to the provisions of law; to regularly grasp the number
of crewmembers and persons working onboard fishing ships, sea areas where
operatefishing ships and to report to the local fisheries management agencies
of theplaces of their residence when so requested; to ready fishing ships for
tasks offlood and storm prevention and fighting, and search and rescue upon
mobilizationorders of competent authorities.
4. For offshore fishing ships, ship owners must
buy crewaccident insurance and inform the fisheries management agencies of
thelocalities where fishing ships are registered of the ships' radio
frequencies.
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6. To foster, disseminate professional knowledge
on assuranceof safety for crew members and persons working onboard fishing
ships.
Article 6. For captains
and ship operators
1. Regular responsibilities:
a) To disseminate, guide and urge crew members
and personsworking onboard fishing ship to observe regulations on safety when
workingonboard fishing ships; to assign tasks to every crew member and organize
drillson safety plans for crew members and persons working onboard fishing
ships;
b) To check crew members, persons working
onboard fishingships and fishing ships regarding navigation facilities, safety
equipment,papers of fishing ships and crew members before leaving ports;
c) To inform the operation areas of fishing
ships, the numberof crew members and persons actually working onboard fishing
ships and producepapers to competent bodies when so requested.
2. Responsibilities in cases of storms, floods:
a) To urge crew members and persons working
onboard fishingships to be on watch and ready for maneuver in response to
storms, floods andsupport of other fishing ships in distress;
b) When storms are distant: To notify such to
crew membersand persons working onboard fishing ships and at the same time
check safetyequipment and regularly follow weather forecast on the Radio Voice
of Vietnam;to keep contact with coastal information stations and inform other
fishing shipsoperating in the same areas thereof;
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d) Upon emergency news on storms: To order crew
members andpersons working onboard fishing ships to put on life-jackets, to
place emergencyequipment on standby ready for rescue and take fishing ships to
the nearest safeplaces; to maneuver fishing ships and crew members, persons
working onboardfishing ships for rescue upon detection of persons and other
fishing ships indistress;
In force majeure cases, captains may
decide to applyurgent measures to take their fishing ships to safe areas.
e) When fishing ships are in storm-hit areas: To
personallyoperate and command their ships; to resort to all measures and
experience toensure safety for people and fishing ships. To promptly inform the
coastalinformation stations and nearest fishing ships of the positions where
theirships are operating and send out SOS signals when the means are in
distress; toparticipate in rescue when detecting people and fishing ships in
distress;
f) When storms abate: To promptly report to ship
owners, theadministrations of the localities where they reside or where their
fishing shipsmove to on the conditions of persons and their fishing ships, and
at the sametime re-examine the safety conditions of fishing ships before
resumption ofoperation.
3. Responsibilities in other cases:
a) When detecting other fishing ships in
distress, to operatetheir ships to provide timely support and rescue and inform
the nearest coastalinformation stations thereof;
b) To strictly abide by competent authorities'
orders onmaneuver of ships for search and rescue tasks;
c) When their ships are in distress, to take
timely rescuemeasures and at the same time notify the nearest coastal
information stationsthereof.
Article 7. For crew
members
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a) Having good health;
b) Having professional diplomas or certificates
suitable totheir titles corresponding to fishing ship sizes and types
prescribed by theMinistry of Fisheries;
c) Crew members working onboard fishing ships of
theprescribed types must possess crew member accident insurance certificates.
2. Responsibilities and rights of crew members:
a) To abide by the regulations on safety for
persons andfishing ships, obey the orders of captains upon the occurrence of
storms andabide by other provisions of law;
b) Upon detection of accidents onboard their
fishing ships orother fishing ships, to immediately report them to the
captains;
c) To strictly comply with the provisions of law
on laborcontracts;
d) To refuse working onboard fishing ships if
such ships failto fully satisfy the safety conditions.
Article 8. For persons
working onboard fishing ships
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a) Having good health;
b) Having competent agencies' decisions,
introduction papersto work onboard fishing ships;
c) Having knowledge about regulations on safety
assurance.
2. Responsibilities and rights of working
persons:
a) To abide by regulations on safety for people
and fishingships;
b) To obey the captains' orders and abide by
other provisionsof law;
c) Upon detection of accidents onboard their
fishing ships orother fishing ships, to immediately report them to the
captains;
d) To refuse working onboard fishing ships if
such ships failto fully satisfy the safety conditions.
Article 9. Ensuring
safety for fishing ships
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a) To have adequate safety equipment and
facilities;
b) To have adequate staff with different titles;
c) To have all kinds of paper required for ships
and peopleonboard;
d) To operate only in accordance with the
contents alreadylicensed or registered;
e) To strictly comply with the rules on inland
waterwaytraffic safety and navigation safety.
2. Fishing ships subject to registry can operate
only afterthey have gone through registry, ship and crew registration and been
granted theprescribed papers by competent agencies.
3. For fishing ships not subject to registry,
ship ownersmust bear self-responsibility for the technical safety of their
fishing ships.
Chapter III
REGISTRY OF FISHING SHIPS, REGISTRATION OF FISHING
SHIPS ANDCREW MEMBERS
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1. Fishing ships of the following types shall be
subject toregistry:
a) Ships installed with a main engine of 20
horse powers ormore each or not installed with an engine but having a designed
waterline of 15meters or over;
b) Fishing rafts and other floating structures
in service offisheries activities on lakes, rivers or seas, with a capacity of
50 m3or more.
2. The following equipment and facilities
installed on shipsshall be subject to registry:
a) Maritime and life safety equipment and
facilities;
b) Aquatic resource-exploiting equipment and
facilities;
c) Equipment and facilities subject to strict
safetyrequirements.
Article 11. Fishing
ship registration
1. All fishing ships must be registered.
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3. Fishing ships of the following types shall be
grantedregistration certificates:
a) Ships installed with main engines of 20 horse
powers ormore each or not installed with engines but having a designed
waterline of 15mor over;
b) Fishing rafts and other floating structures
in service offisheries activities on lakes, rivers or seas with total capacity
of 50m3or more.
4. For fishing ships of other types, except
those mentionedin Clause 3 of this Article, after making registration thereof,
the registrationoffices shall record them in registers for management.
5. Conditions for fishing ship registration:
a) Fishing ships of lawful origin; having
competent fisheriesmanagement bodies' documents approving the building or
transformation of fishingships;
b) Ensuring technical safety according to the
provisions oflaw.
6. Fishing ships may be re-registered upon
transfer ofownership, changes in technical properties, change of owner's
headquarter orchange of owner's permanent residence registration to other
provinces orcentrally-run cities.
7. Fishing ship owners must make declaration for
deletion offishing ship registration in cases where their fishing ships are
missing,wrecked or destroyed.
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1. Crew members working onboard fishing ships
provided for inClause 3, Article 11 of this Decree must observe the regime of
crew memberregistration.
2. Crew members working on board fishing ships
of thefollowing types must possess crew books:
a) Fishing ships of total main engine capacity
of 90 horsepowers or more;
b) Fisheries inspection ships,
resource-investigating ships,marine research ships.
3. Crew members onboard ships operating inshore
and offshoremust be named in the crew books.
4. Crew members on board fishing ships other
than thosedefined in Clauses 2 and 3 of this Article must be listed by ship
ownersthemselves for declaration and the lists thereof must be carried along on
boardthe ships.
Article 13.
Responsibilities of agencies, individuals inregistry, registration of fishing
ships and crew members
1. Fishing ship owners have the responsibilities
to:
a) Make registry, registration of fishing ships
and crewmembers according to the provisions of law;
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c) Maintain the technical conditions and safety
standards offishing ships according to standards provided for between two
inspections.
2. Fishing ship registry agencies must inspect
the technicalsafety of fishing ships according branch or Vietnamese norms,
standards. Headsof fishing ship registry agencies and persons directly
inspecting the technicalsafety must bear responsibility for the inspection
results.
3. Fishing ship registry agencies, fishing ship
and crewmember registration offices shall, according to their competence, have
to makeregistry, registration of fishing ships and crew members strictly
according tolaw provisions.
Chapter IV
RESPONSIBILITIES OF AGENCIES PERFORMING THE STATE
MANAGEMENTOVER SAFETY FOR PEOPLE AND FISHING SHIPS ENGAGED IN FISHERIES
ACTIVITIES
Article 14.
Responsibilities of the Ministry of Fisheries
1. To perform the function of state management
over safetyfor people and fishing ships engaged in fisheries activities;
organize theregistry of fishing ships, the registration of fishing ships and
crew membersand to license aquatic resource exploitation according to its
competence; toguide provincial/municipal People's Committees in making
registration andregistry for fishing ships and crew members according to their
competence.
2. To specify:
a) The organization, operation and competence of
registryagencies, fishing ship and crew member registration offices;
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c) Dossiers, forms of papers used in registry,
registrationof fishing ship and crew members;
d) The grant of papers (books) certifying
technical safety offishing ships; granting of crew books;
e) Model number plates of fishing ships
for usenationwide.
f) Title and position criteria, number of crew
members foreach type of fishing ships; branch standards applicable to fishing
ships;
g) The regime of training, testing and granting
certificatesto crew members for corresponding types of fishing ship;
h) Conditions on safety for people and fishing
ships notsubject to registry.
3. To coordinate with ministries,
branches,provincial/municipal People's Committees in organizing, directing
activities ofensuring safety for people and fishing ships; prevent and fight
floods andstorms, conduct search and rescue and overcome consequences and at
the same timecontribute to maintaining security and order in water areas.
4. To assume the prime responsibility for, and
coordinatewith the concerned ministries and branches in, formulating, and
organizing theimplementation of, program on assurance of safety for people and
means engagedin fisheries activities.
Article 15. Responsibilities
of the concerned ministries,branches
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2. The Ministry of Defense shall assume the
primeresponsibility for, and coordinate with the National Committee for Search
andRescue and the Central Committee for Flood and Storm Prevention and Fighting
in,firing storm signals at key river months, ports, fish wharfs and fishing
groundswhen storms appear; direct the border-guard, coast-guard forces to
coordinatewith police forces, aquatic resource protection inspectorates and
localadministrations in strictly controlling fisheries activities by people
andfishing ships, resolutely not permitting them to conduct fisheries
activitieswhen they are not fully equipped with safety facilities; to provide
timelyrescue to people and fishing ships in case of necessity.
3. The Ministry of Natural Resources and
Environment, theMinistry of Culture and Information, the Radio Voice of
Vietnam, VietnamTelevision Station and local radio and television stations
shall have toreceive, follow and promptly announce climatic and hydrographic
informationrelated to fisheries activities.
Article 16.
Responsibilities of provincial/municipalPeople's Committees
1. To propagate and educate fishermen and
fishing ship ownersabout the benefits and importance of the full furbishing of
safety equipment andthe purchase of crew accident insurance in order to ensure
safety for people andfishing ships engaged in fisheries activities; to train
fishermen in knowledgeand operation to ensure fishing safety.
2. To direct professional agencies in organizing
theregistration of fishing ships, registration of crew members; examine and
granttechnical safety certificates to fishing ships according to regulations;
tolicense aquatic resource exploitation.
3. To organize and direct the development of
production, andat the same time ensure safety for people and fishing ships,
maintain securityand order in water areas assigned to them for management.
4. To promptly realize the orders of the Central
Committeefor Flood and Storm Prevention and Fighting and the National Committee
forSearch and Rescue; to firmly grasp the number of people and fishing ships
aswell as their operation areas; to promptly notify the weather situation
topeople and fishing ships operating in water areas assigned to them
formanagement; to organize search and rescue, help fishermen quickly
overcomeconsequences and stabilize their production and lives.
5. To formulate plannings and organize the
implementation ofplannings on construction of fish ports, fish wharfs,
storm-sheltering areas forfishing ships, the local storm-warning systems.
Chapter V
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Article 17.
Implementation effect
This Decree replaces the Government's Decree
No.72/1998/ND-CP dated September 15, 1998, on ensuring safety for people
andfishing ships operating on sea, Decree No. 80/2002/ND-CP dated October 15,
2002,amending and supplementing a number of articles of Decree No.
72/1998/ND-CPdated September 15, 1998, and the fishing ship registration and
registryprovisions of the Government's Decree No. 91/CP dated August 23,
1997,promulgating the Regulation on fishing ship and crew member registration.
This Decree takes effect 15 days after its
publication in''CONG BAO.''
Article 18.
Implementation responsibility
Ministers, heads of ministerial-level agencies,
heads ofGovernment-attached agencies, and presidents of provincial/municipal
People'sCommittees shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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GUIDING THE IMPLEMENTATION OF A NUMBER OF ISSUES RELATING TO
COMMERCIAL ACTIVITIES STIPULATED IN THE REGULATION ON LAO BAO SPECIAL
TRADE-ECONOMIC ZONE, QUANG TRI PROVINCE ISSUED TOGETHER WITH DECISION NO.
11/2005/QD-TTG DATED JANUARY 12, 2005 OF THE PRIME MINISTER
In furtherance of Decision No. 11/2005/QD-TTg
dated January 12, 2005 of the Prime Minister on promulgating the Regulation on
Lao Bao special trade-economic zone, Quang Tri province, the Ministry of Trade
hereby guides the implementation of a number of issues relating to the
commercial activities stipulated in Chapter II of the Regulation on Lao Bao
special trade-economic zone as follows:
I. SUBJECTS OF COMMERCIAL
ACTIVITIES AT LAO BAO SPECIAL TRADE-ECONOMIC ZONE
1. Enterprises of all economic sectors having
head offices in Lao Bao special trade-economic zone and the branches of these
enterprises in Lao Bao special trade-economic zone are granted business
registration certificates by the competent agencies.
2. Foreign-invested enterprises and the branches
of foreign-invested enterprises in Lao Bao special trade-economic zone are
granted investment licenses in Lao Bao special trade-economic zone by the
competent agencies.
3. Branches of foreign traders (enterprises) are
granted establishment licenses in Lao Bao special trade-economic zone by the
competent agencies.
Subjects of commercial activities at Lao Bao
special trade-economic zone according to the Sections 1, 2 and 3 above,
hereinafter referred to as the business enterprises in Lao Bao special trade-economic
zone.
4. Individuals engaged in business activities
are granted business registration certificates in Lao Bao special
trade-economic zone by the competent agencies.
II. COMMERCIAL ACTIVITIES AT
LAO BAO SPECIAL TRADE-ECONOMIC ZONE
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a. Enterprises doing business in Lao Bao special
trade-economic zone may import and export goods according to their business
demands and in compatibility with the business lines prescribed in their
business registration certificates, investment licenses, and their branch
establishment licenses excluding goods on the List of goods banned from import
and/or export in accordance with the current provisions of Vietnams laws;
Individuals doing business in Lao Bao special
trade-economic zone may import and export goods with domestic market according
to their business demands and in compatibility with the business lines
prescribed in their business registration certificates, investment licenses and
their branch establishment licenses excluding goods on the List of goods banned
from import and/or export in accordance with the current provisions of Vietnams
laws;
b. For import and export of goods on Vietnams
List of goods banned from import and/or export but not on Laos List or
international lists, the enterprises doing business in Lao Bao special
trade-economic zone must send their requests therefor to the Management Board
of Lao Bao special trade-economic zone for submission to the Prime Minister and
may carry out those import and export activities only after obtaining the
written permission of the Prime Minister.
c. For import and export of goods with foreign
countries, including quota-regulated goods, goods subjects to specialized
management, and goods subjects to separate regulations of the Government, the
enterprises doing business in Lao Bao special trade-economic zone must send
their written requests to the Management Board of Lao Bao special
trade-economic zone for further submission to the Ministry of Trade,
specialized managing ministries and the Prime Minister and may carry out those
import and export activities only after obtaining the written permissions of
the Ministry of Trade, specialized managing ministries or the Prime Minister.
For goods imported and exported under the licenses
of the Ministry of Trade, the enterprises doing business in Lao Bao special
trade-economic zone must only send written requests to the Management Board of
Lao Bao special trade-economic zone and may carry out those activities after
obtaining the written consents of the Management Board of Lao Bao special
trade-economic zone.
d. Goods from Vietnams inland exported into Lao
Bao special trade-economic zone and goods from Lao Bao special trade-economic
zone imported into the Vietnams inland via the border gate between Lao Bao
special trade-economic zone and the Vietnams inland must go through all the
customs procedures and be subject to the customs offices inspection and
supervision of in accordance with current provisions of Vietnams laws on import
and export goods.
Farm produce turned out by residents and goods
produced and/or processed in Lao Bao special trade-economic zone without using
raw materials or components imported from foreign countries, when being
imported into Vietnams inland, shall be exempt from customs procedures.
The Peoples Committee of Quang Tri province
shall publicize the List of goods exempt from the above-mentioned customs
procedures.
e. Goods exported from Lao Bao special
trade-economic zone to foreign countries and goods imported from foreign
countries into Lao Bao special trade-economic zone via the border gate between
Lao Bao special trade-economic zone and Laos shall be subject to customs
offices supervision for goods banned from import and export.
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2. Trading in temporary import for re-export
a. Enterprises doing business in Lao Bao special
trade-economic zone may trade in temporary import for re-export of goods.
Trading in temporary import for re-export of
goods in the List of goods banned from export, import, goods temporarily ceased
from export, goods temporarily ceased from import according to current
provisions of Vietnams laws, the enterprises doing business in Lao Bao special
trade-economic zone must send their written requests to the Management Board of
Lao Bao special trade-economic zone and may carry out their business activities
after obtaining written consents of the Management Board of Lao Bao special
trade-economic zone.
b. Trading in temporary import for re-export
includes:
- Import of goods from foreign countries to
export to foreign countries with carrying out procedures for the import
of goods to Lao Bao special trade-economic zone and procedures for the export
of those goods from Lao Bao special trade-economic zone. The customs procedures
for the import and export of those goods shall comply with the guidance of the
Ministry of Finance.
- Import of goods from Vietnams inland to export
to foreign countries or import of goods from foreign countries to export to
Vietnams inland with carrying out procedures for the import of goods to
Lao Bao special trade-economic zone and procedures for the export of those
goods from Lao Bao special trade-economic zone. The customs procedures for the
import and export of those goods shall comply with the guidance of the Ministry
of Finance.
3. Trading in border gate transshipment of
goods
a. Enterprises doing business in Lao Bao special
trade-economic zone may trade in border gate transshipment of goods.
b. Trading in border gate transshipment of goods
includes:
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- The purchase of goods from foreign countries
to export to Vietnams inland without carrying out procedures for the import of
those goods into Lao Bao special trade-economic zone.
- The purchase of goods from Vietnams inland to
export to foreign countries without carrying out procedures for the import of
those goods into Lao Bao special trade-economic zone.
c. Trading in border gate transshipment via
Vietnam border gate must be subject to the customs offices supervision in
accordance with current provisions of Vietnams laws.
4. Transit of goods via Lao Bao special
trade-economic zone
a. Enterprises doing business in forwarding and
transport services in Lao Bao special trade-economic zone may trade in
transportation services for transit goods via Lao Bao special trade-economic
zone.
b. The transit of goods from foreign countries
via Lao Bao special trade-economic zone to foreign countries shall comply with
current provisions of Vietnams laws.
c. Goods of Vietnams inland enterprises exported
to foreign countries via Lao Bao special trade-economic zone or goods from
foreign countries imported into Vietnams inland must go through customs
procedures in accordance with the guidance of the Ministry of Finance.
5. Processing of goods
a. Enterprises doing business in Lao Bao special
trade-economic zone may process goods for foreign countries and for Vietnams
inland without restriction on the quantity and categories of processed goods.
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The processing of goods on the List of goods
banned from import and export and temporarily ceased from import and export in
accordance with current provisions of Vietnams laws, enterprises and
individuals doing business in Lao Bao special trade-economic zone may sign
contracts only after sending their written requests to the Management Board of
Lao Bao special trade-economic zone and obtaining the written consents of the
Management Board of Lao Bao special trade-economic zone.
b. Enterprises doing business in the Lao Bao
special trade-economic zone may order the processing of goods in foreign
countries and in Vietnams inland for goods not in the List of goods banned from
circulation for trading in accordance with current provisions of Vietnams laws.
Individuals doing business in the Lao Bao
special trade-economic zone may order the processing of goods in foreign
countries and in Vietnams inland for the goods not on the List of goods banned
from circulation for trading in accordance with current provisions of Vietnams
laws.
III. GOODS CIRCULATED AND
TRADED IN LAO BAO SPECIAL TRADE-ECONOMIC ZONE
1. Goods of all kinds shall be freely circulated
and traded in Lao Bao special trade-economic zone, except for goods on the List
of goods banned from circulation in accordance to current provisions of
Vietnams laws.
2. Goods on the List of goods subject to
restricted business under the current provisions of Vietnams laws.
a. For goods subject to the special restricted
business, enterprises and individuals doing business in Lao Bao special
trade-economic zone must send their written requests to the Management Board of
Lao Bao special trade-economic zone to obtain opinions from the specialized
managing ministries and may carry out their business after obtaining the
business licenses of the specialized managing ministries.
b. For goods subject to the restricted business,
enterprises and individuals doing business in Lao Bao special trade-economic
zone must send their written requests to the Management Board of Lao Bao
special trade-economic zone and may carry out their business after obtaining
the written consents of the Management Board of Lao Bao special trade-economic
zone.
3. Goods in the List of goods subject to the
conditional business under the current provisions of Vietnams laws.
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b. For goods not requiring the business
eligibility certificates, enterprises and individuals doing business in Lao Bao
special trade-economic zone may carry out their business after meeting all the
conditions in accordance with the current provisions of Vietnams laws.
IV. IMPLEMENTATION PROVISIONS
This Circular takes effect 15 days after its
publication in the CONG BAO and replaces Circular No. 11/1999/TT-BTM dated May
11, 1999 guiding the implementation of Decision No. 219/1998/QD-TTg dated
November 12, 1998 of the Prime Minister issuing the Regulation on Lao Bao
trade-economic development encouragement zone, Quang Tri province.