|
THE GOVERNMENT
|
SOCIALIST REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
|
No. 191/2004/ND-CP
|
Hanoi, November 18th, 2004
|
DECREE
ON MANAGEMENT OF FISHERY ACTIVITIES OF FOREIGN FISHING
VESSELS IN VIETNAMS SEAS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
pursuant to the November 26, 2003 Law on Fisheries;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Fisheries,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
This Decree prescribes the conditions,
procedures and competence for grant and withdrawal of fishery activity permits;
responsibilities of owners of foreign fishing vessels engaged in fishery
activities in Vietnams seas; responsibilities of the State management bodies
for fishery activities of foreign fishing vessels in Vietnams seas; the
examination, control and handling of administrative violations, and complaints
and denunciations related to fishery activities of foreign fishing vessels in
Vietnams seas.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
This Decree applies to owners of foreign fishing
vessels engaged in fishery activities in Vietnams seas and concerned agencies,
organizations and individuals.
Where the international agreements which Vietnam
has signed or acceded to contain provisions different from those of this
Decree, such international agreements shall apply.
Article 3.-
Interpretation of terms
In this Decree, the following terms are construed
as follows:
1. Owner of a fishing vessel means the owner,
charterer, manager or captain of a fishing vessel.
2. Vietnams seas mean sea areas under the
sovereignty, sovereign rights and jurisdiction of the Socialist Republic of
Vietnam, prescribed in the June 26, 2003 National Boundary Law and the
international agreements between the Socialist Republic of Vietnam and other
concerned countries.
3. Foreign fishing vessel means a fishing vessel
registered overseas.
Article 4.- Principles
for fishery activities of foreign fishing vessels in Vietnams seas
1. Fishery activities of foreign fishing vessels
in Vietnams seas shall be carried out on the basis of international
cooperation, ensuring equality, mutual benefit, respect for each partys
independence, sovereignty and law as well as international law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Foreign fishing vessels may engage in fishery
activities in Vietnams seas only when they are granted the fishery activity
permits by a competent Vietnamese body.
4. Foreign fishing vessels engaged in fishery
activities in Vietnams seas must strictly observe the provisions of this Decree
and other relevant Vietnamese law provisions.
Chapter II
CONDITIONS, PROCEDURES
AND COMPETENCE FOR GRANT AND WITHDRAWAL OF FISHERY ACTIVITY PERMITS WITH
RESPECT TO FOREIGN FISHING VESSELS
Article 5.- Fishery
activity permits of foreign fishing vessels
1. Fishery activity permits (hereinafter
referred to as permits for short) shall be granted to each fishing vessel. A
fishing vessel owner may apply for permits for more than one fishing vessel.
The contents of a permit shall comply with the form enclosed with this Decree
(not printed herein).
2. The term of a granted permit shall not exceed
12 months for aquatic resource-exploiting activities and 24 months for other
fishery activities.
3. Permits may be extended more than once, with
each extension not exceeding 12 months.
Article 6.- Conditions
for grant of permits
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Having one of the following papers and
documents:
a/ The investment licenses, granted by competent
State management bodies;
b/ Projects documents on aquatic resource survey
and exploration or exploitation cooperation, already approved by the Prime
Minister or the Minister of Fisheries under the Prime Ministers authorization;
c/ Project documents on aquatic resource-related
technical training and technology transfer cooperation and on the charter of
foreign fishing vessels, already approved by the Minister of Fisheries;
d/ Project documents on aquatic resource
trading, purchase or carriage cooperation, already approved in principle by the
provincial/municipal Peoples Committee presidents.
2. The fishing vessels registration certificates
and technical safety certificates.
3. The radio frequency and radio trans-reception
equipment use permits.
4. Fishing vessel captains and chief engineers
must have appropriate diplomas and certificates as prescribed by law.
Article 7.- Procedures
for grant, extension of permits
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ An application for a permit for fishing
vessel, made according to a form set by the Ministry of Fisheries;
b/ The relevant papers and documents prescribed
in Clauses 1, 2, 3 and 4, Article 6 of this Decree;
c/ The list of crewmen and people working on
board the fishing vessel (with their full names, nationalities and job titles
clearly stated) and their photos.
2. Dossiers of application for permit extension
shall each consist of:
a/ An application for permit extension, made
according to a form set by the Ministry of Fisheries;
b/ A report on the fishing vessels activities in
the duration stated in its granted permit;
c/ The fishing vessels technical safety
certificate (a notarized copy);
d/ The granted permit (a notarized copy).
3. The agency with permit-granting competence
defined in Article 8 of this Decree shall consider the grant or extension of
permits within 15 working days after receiving the complete and valid dossiers.
In case of refusal, they must reply in writing, clearly stating the reasons
therefor.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 8.- Agency in
charge of grant, extension of permits
The Aquatic Resource Exploitation and Protection
Department under the Ministry of Fisheries shall be the agency competent to
grant and extend permits for foreign fishing vessels engaged in fishery
activities in Vietnams seas.
Article 9.- Cases where
permits are invalidated
1. Fishing vessels terminate their activities in
Vietnams seas ahead of the expiry of the term indicated in their permits.
2. The investment licenses or cooperation
contracts are suspended or cancelled.
3. The permits are suspended or cancelled.
4. The permits expire.
5. The fishing vessels are destroyed, sunken or
missing.
Article 10.- Cases
where permits are withdrawn
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The fishing vessels have committed administrative
violations for the third time during the term of their permits.
3. The permits are used not for the fishing
vessels for which they are granted.
Chapter III
RIGHTS AND
RESPONSIBILITIES OF OWNERS OF FOREIGN FISHING VESSELS
Article 11.- Rights of
owners of foreign fishing vessels engaged in fishery activities in Vietnams
seas
1. To carry out fishery activities in Vietnams
seas according to the contents of their permits.
2. To be notified in time by the professional
agencies of the Vietnamese State of the weather conditions; to be supplied with
information relating to their fishery activities and guidance on Vietnamese law
provisions upon request.
3. To have their legitimate rights and interests
protected by the Vietnamese State in the course of carrying out fishery
activities.
4. To have other rights prescribed by Vietnamese
laws.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Owners of foreign fishing vessels must strictly
observe the following provisions when their vessels are engaged in fishery
activities in Vietnams seas:
1. Seven (07) days before operating their
fishing vessels into Vietnams seas, to notify such to the Aquatic Resource
Exploitation and Protection Department under the Vietnamese Ministry of
Fisheries. When entering Vietnam, to complete entry procedures according to law
provisions.
2. To always carry along on board their fishing
vessels the following papers (original copies):
a/ The fishery activity permit;
b/ The fishing vessel registration certificate;
c/ The fisher vessel technical safety
certificate;
d/ The radio frequency and radio trans-reception
equipment use permit.
e/ The register of crewmen and passports of all
people working on board the fishing vessels.
3. To operate strictly according to the contents
stated in their granted permits; to make entries in logbooks and make activity
reports according to the regulations of the Vietnamese Ministry of Fisheries.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. To admit, and ensure working and living
conditions for, Vietnamese supervisors like officers on board fishing vessels.
6. To submit to the examination and control by
the control forces in Vietnams seas, as stated in Clause 1, Article 17 of this
Decree.
7. When meeting incidents, accidents or dangers
in need of help, the fishing vessel owners must release SOS signals according
to regulations and, when conditions permits, immediately notify the concerned
Vietnamese agencies in the nearest places thereof, clearly stating the specific
requirements for help.
Article 13.-
Responsibilities of owners of foreign fishing vessels which terminate
activities
1. When foreign fishing vessels terminate their
activities and leave Vietnams seas, their owners must fulfill all obligations
stated in their granted permits, the approved projects and the signed contracts
(except for contracts containing specific agreements) and prescribed by other
relevant Vietnamese law provisions.
2. Where a foreign fishing vessel terminates its
activity though its permit remains valid, its owner must report in writing such
to the permit-granting agency at least seven (07) days before the expected date
of activity termination.
Chapter IV
RESPONSIBILITIES OF
STATE MANAGEMENT BODIES FOR FISHERY ACTIVITIES OF FOREIGN FISHING VESSELS IN
VIETNAMS SEAS
Article 14.-
Responsibilities of the Ministry of Fisheries
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. To manage fishery activities of foreign
fishing vessels in Vietnams seas according to the provisions of this Decree and
relevant Vietnamese laws.
2. To provide for the grant and extension of
permits, appointment of Vietnamese supervisors to conduct supervision on board
foreign fishing vessels (cases subject to supervision, supervising duration and
contents).
3. To notify and send the copies of the permits
granted or extended for foreign fishing vessels to the Ministry of Defense, the
Ministry of Public Security, the Ministry of Communications and Transport, the
General Department of Customs and the concerned provincial/municipal Peoples
Committees for coordinated management of activities of foreign fishing vessels.
4. To inspect, examine and settle complaints,
denunciations and handle law violations according to its competence and law
provisions.
Article 15.- Responsibilities
of ministries and branches
1. The Ministry of Planning and Investment shall
coordinate with the Ministry of Fisheries and the provincial-level Peoples
Committees in evaluating investment projects involving the engagement of
foreign fishing vessels in fishery activities in Vietnams seas for the grant of
investment licenses thereto.
2. The Ministry of Defense, the Ministry of
Public Security, the Ministry of Communications and Transport, the General
Department of Customs and other ministries and functions shall, according to
their respective functions, tasks and powers, have the responsibilities:
a/ To coordinate with the Ministry of Fisheries
in performing the State management over fishery activities of foreign fishing
vessels in Vietnams seas;
b/ To inspect, examine and settle complaints,
denunciations and handle law violations according to its competence and law
provisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The provincial-level Peoples Committees shall,
according to their functions, tasks and powers, have the responsibilities:
1. To coordinate with the Ministry of Planning
and Investment and the Ministry of Fisheries in evaluating to investment
projects involving engagement of foreign fishing vessels in fishery activities
in Vietnams seas for the grant of investment licenses thereto.
2. To approve in principle the projects on
aquatic resource trading and purchase or carriage cooperation in compliance
with the development plannings and plans of the fishery sector and the
localities.
3. To inspect, examine and settle complaints,
denunciations and handle law violations according to its competence and law
provisions.
Chapter V
EXAMINATION, CONTROL,
HANDLING OF ADMINISTRATIVE VIOLATIONS; COMPLAINTS, DENUNCIATIONS
Article 17.-
Examination, control of fishing activities of foreign fishing vessels in
Vietnams seas
1. The forces examining and controlling fishing
activities of foreign fishing vessels in Vietnams seas include: The fishery
inspectorate, the Coast Guard, the Border Guard, the Inland Waterway Traffic
Police, the Customs and other specialized inspectorates.
The examination and control forces shall examine
and control fishing activities of foreign fishing vessels in Vietnams seas,
which are related to the domains or branches under their respective management
according to Vietnamese law provisions; handle administrative violations
according to their respective competence defined in the Ordinance on Handling
of Administrative Violations; and concurrently be responsible for coordinating
with the concerned forces in performing their respective tasks.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Ships and boats, when engaged in marine
examination and control duties, must fly the Vietnamese national flag, signal
flags and signs of their specialized forces according to law provisions.
Article 18.- Handling
of administrative violations committed by foreign fishing vessels already
granted the permits
If owners of foreign fishing vessels possessing
the permits, when carrying out fishery activities in Vietnams seas, commit acts
of violating the Vietnamese law provisions in the fishery domain, they shall be
sanctioned under the Governments decree prescribing sanctions against
administrative violations in the fishery domain and other relevant Vietnamese
law provisions.
Upon detecting one of the cases subject to
permit withdrawal defined in Article 10 of this Decree, the persons with
administrative violation-handling competence shall immediately seize the
permits and promptly notify the Aquatic Resource Exploitation and Protection
Department under the Ministry of Fisheries thereof for withdrawal.
Article 19.- Procedures
for handling administrative violations and executing sanctioning decisions;
applying measures to stop administrative violations
1. The procedures for handling administrative
violations shall comply with the provisions of the Ordinance on Handling of
Administrative Violations and Decree No. 134/2003/ND-CP of November 14, 2003
detailing the implementation of a number of articles of the 2002 Ordinance on
Handling of Administrative Violations.
2. The application of measures to stop
administrative violations and secure the handling thereof shall comply with the
provisions from Article 43 thru Article 49 of the 2002 Ordinance on Handling of
Administrative Violations.
3. The management of foreigners violating the
provisions of this Decree, pending their deportation, shall comply with the
provisions of Article 51 of the 2002 Ordinance on Handling of Administrative
Violations.
4. In cases where foreign fishing ships are
arrested:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Fishing vessel owners must bear all expenses
for the preservation of their fishing vessels, lodging, repatriation and other
expenses for violators during the time they are kept in custody or managed in
Vietnam.
Article 20.- Handling
of violations committed by persons with administrative violation-handling
competence
The handling of violations committed by persons
with administrative violation-handling competence of the provisions of this
Decree shall comply with the provisions of Article 121 of the 2002 Ordinance on
Handling of Administrative Violations.
Article 21.-
Complaints, denunciations
1. Organizations and individuals may complain
about and denounce acts of violating the provisions of this Decree according to
law provisions on complaints and denunciations.
2. The competence, procedures and time limits
for settling complaints and denunciations shall comply with law provisions on
complaints and denunciations.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 22.- Effect of
the Decree
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 23.-
Guidance and implementation responsibility
1. The Minister of Fisheries shall have to guide
the implementation of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the provincial-level Peoples Committee presidents shall have to implement this
Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Phan Van Khai