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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
102/2012/ND-CP
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Hanoi,
November 29, 2012
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DECREE
ON THE ORGANIZATION AND OPERATION OF THE FISHERY CONTROL
FORCE
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the November 26, 2003 Fisheries
Law;
Pursuant to the November 15, 2010 Law on
Inspection;
Pursuant to the June 20, 2012 Law on Handling
of Administrative Violations;
Pursuant to the June 21, 2012 Law on the Sea
of Vietnam;
Pursuant to Document No. 209/UBTVQH13-PL of
July 18, 2012 of the National Assembly Standing Committee on the establishment
of the fishery control force;
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The Government promulgates the Decree on the
organization and operation of the fishery control force.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Decree prescribes the functions, tasks,
powers and organization of the fishery control force; tasks, powers and
responsibilities of members of the fishery control force, crewmembers of
fishery control vessels; conditions to ensure activities of the fishery control
force; relationship between the fishery control force and other functional
forces; and responsibilities in state management for fishery control force.
Article 2. Subjects of
application
This Decree applies to state agencies, domestic
organizations and individuals; and foreign organizations and individuals
conducting fisheries activities in Vietnam's sea areas.
Chapter 2.
POSITION, FUNCTIONS,
TASKS, POWERS AND ORGANIZATION OF THE FISHERY CONTROL FORCE
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The fishery control force is a specialized force
of the State under the Directorate of Fisheries of the Ministry of Agriculture
and Rural Development, performing the functions of patrol, inspection, control,
detection and handling of violations, and the specialized fisheries inspection
in Vietnam's sea areas.
Article 4. Tasks and powers
of the fishery control force
1. To advise on, propose and participate in the
formulation of mechanisms, policies and legal documents providing on fishery
control as assigned and decentralized.
2. To patrol, examine, control, inspect, detect
and handle violations of fisheries law in Vietnam's sea areas in accordance
with law.
3. To sanction administrative violations, to
apply measures to prevent violation of fisheries law committed by domestic and
foreign organizations and individuals conducting fisheries activities in
Vietnam's sea areas.
4. To request related agencies, organizations
and individuals to supply information and documents necessary for the patrol,
examination, control, inspection, detection and handling of violations of
fisheries law.
5. To propagate and disseminate Vietnamese law
and international law on fisheries; to guide fishermen and organizations as
well as individuals operating in the sea areas to observe fisheries law.
6. To participate in the prevention and combat
of natural disasters and coordinate in search, rescue and salvage activities;
to participate in the protection of national sovereignty, sovereign rights and
jurisdiction over the sea areas as provided by law.
7. To participate in international cooperation
on fisheries in accordance with treaties which Vietnam has signed or acceded
to.
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9. To perform specialized inspection and other
assigned tasks as prescribed by law.
Article 5. Organizational structure
of the fishery control agency
1. The Department of Fishery control is a body
attached to the Directorate of Fisheries under the Ministry of Agriculture and
Rural Development.
The Department of Fishery control has regional
Fishery control Sub-Departments, professional divisions and non-business units.
2. The Department of Fishery control and
regional Fishery control Sub-Departments have the legal-person status, offices
and separate seals and may open accounts at the State Treasury.
3. The Minister of Agriculture and Rural
Development shall define the functions, tasks, powers and organizational
structure of the Department of Fishery control.
Chapter 3.
MEMBERS OF THE FISHERY
CONTROL FORCE AND CREWMEMBER OF FISHERY CONTROL VESSELS
Article 6. Members of the
fishery control force
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2. Fishery control Force members are issued
Fishery control member cards, uniforms and special-use equipment.
Article 7. Crewmembers of
fishery control vessels
1. Crewmembers of a fishery control vessel
include:
a/ Civil servants appointed into the rank of
crewmember of fishery control vessel;
b/ Other persons working on a fishery control
vessel under labor contracts.
2. Crewmembers of a fishery control vessel are
issued uniforms.
3. The Minister of Agriculture and Rural
Development shall define the tasks, responsibility and powers of crewmembers of
fishery control vessels.
Article 8. Powers and
responsibilities of members of fishery control force
1. To request related agencies, organizations
and individuals to supply information and documents necessary for the patrol,
examination, control, inspection, detection and handling of violations of
fisheries law.
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3. To use means, supporting tools and
special-use equipment when performing official duties in accordance with law.
4. To wear uniforms, badges, rank stripes and
plates for members of fishery control force as prescribed.
5. To exercise the powers of an inspector as
prescribed by the inspection law.
Chapter 4.
CONDITIONS FOR ASSURANCE
OF FISHERY CONTROL ACTIVITIES
Article 9. Policies for
members of fishery control force and crewmembers of fishery control vessels
1. Members of fishery control force are entitled
to wages, seniority allowance, occupational liability allowance and other
allowances as prescribed by law.
2. Crewmembers of fishery control vessels are
entitled to wages, occupational preference allowance and other compensation as
prescribed by law.
3. If members of fishery control force or
crewmembers of fishery control vessels are wounded or die while being on duty,
they will be considered and recognized as war invalids or martyrs and enjoy
law-prescribed benefits and policies.
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1. Uniforms of the fishery control force are annually
supplied by the State in accordance with law.
2. The fishery control force is equipped with
special-use communication devices, special means and equipment and necessary
tools for self-defense and performing their tasks in accordance with law.
3. The Minister of Agriculture and Rural
Development shall specify uniforms of the fishery control force.
Article 11. Fishery control
vessels
1. Fishery control vessels are official-duty
vessels of the fishery control agency used for the patrol, examination, control,
inspection, detection and handling of violations of fisheries law; search,
rescue and salvage at sea; support of fishermen; protection of national
sovereignty, sovereign rights and jurisdiction over the sea areas, and other
tasks of the fishery control force.
2. The Minister of Agriculture and Rural
Development shall prescribe the paint colors, number signs, standards and
operation norms of fishery control vessels.
Article 12. Operation
funding sources
Investment capital and operation funds of the fishery
control force are allocated from the state budget and other funding sources as
prescribed by law.
Chapter 5.
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Article 13. Coordination
principles
1. To conform to the functions, tasks and powers
of each agency and force defined by law, assuring no overlap and uniformity of
specialized state management.
2. To be active and timely, ensuring centralized
and unified direction and administration in order to create an synergy for the
protection of national sovereignty and security in the sea areas, protection of
fishermen and aquatic resources.
Article 14. Coordination
contents
1. Exchange of information and documents.
2. Formulation and promulgation or submission to
competent authorities for promulgation of legal documents on fishery control.
3. Patrol, inspection, examination, control,
detection and handling of violations of fisheries law.
4. Protection of fishermen, national sovereignty
and security in Vietnam's sea areas.
5. Propagation and dissemination of and
education about fisheries law for organizations and individuals operating on
the sea; protection of state assets, the life and assets of people and crafts
conducting fisheries activities in Vietnam's sea areas.
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7. Grant of permission for civil servants and
public employees of other agencies or forces to board fishery control vessels
for performing their tasks upon request.
8. Implement International cooperation
activities.
9. Organization of specialized professional
training and retraining.
10. Other coordinated activities related to
fishery control.
Article 15. Mobilization of
forces and means
1. In cases of emergency and necessity to
increase forces and means for timely prevention of violations of fisheries law,
the Minister of Agriculture and Rural Development may issue mobilization orders
proposing related ministers and chairpersons of provincial-level People's
Committees to mobilize forces and means for preventing violations of fisheries
law; the General Director of the Directorate of Fisheries may issue orders to
mobilize forces and means of local agencies assigned to perform the tasks of
inspection, examination and control to protect aquatic resources.
The Director of the Department of Fishery
control shall organize the execution of mobilization orders.
2. Organizations and individuals who are mobilized
with forces and means shall abide by the mobilization orders of competent
persons.
3. Agencies implementing mobilization order
shall pay all expenses for mobilized organizations and individuals in
accordance with law.
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STATE MANAGEMENT FOR
FISHERY CONTROL FORCE
Article 16.
Responsibilities of the Ministry of Agriculture and Rural Development
1. To be answerable to the Government for the
management, leading and direction of the fishery control force.
2. To formulate, review, amend or supplement and
submit to competent authorities for promulgation or promulgate according to its
competence legal documents on fishery control force; to assume the prime
responsibility for, and coordinate with related ministries and sectors in,
formulating, promulgating or submitting to competent agencies for promulgation
specific mechanisms for coordination between the fishery control force and
other relevant forces.
3. To assume the prime responsibility for, and
coordinate with the Ministry of Home Affairs in, defining working positions and
formulating the payroll of civil servants of the Department of Fishery control,
submitting to competent authorities for decision in accordance with law on the
management of its civil servant payroll; formulating professional standards of
civil servant ranks applicable to members of fishery control force and
crewmembers of fishery control vessels.
4. To assume the prime responsibility for, and
coordinate with the Ministry of Planning and Investment, the Ministry of
Finance and related agencies in, proposing the Prime Minister for consideration
and decision the building of fishery control vessels.
5. To assume the prime responsibility for, and
coordinate with the Ministry of Finance in, guiding the management and use of
operation funds of the fishery control force and the payment for expenses by
agencies executing competent persons' orders for mobilization of forces and
means.
6. To provide unified professional and operation
direction of the fishery control force; to direct the inspection and
examination of activities of the fishery control force.
7. To direct and examine the management and
provision of uniforms, badges, rank stripes, banners, plates and force member
cards of the fishery control force, equipment for activities of fishery control
vessels and administrative violation-handling forms of the fishery control
force as provided for by law.
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9. To ensure funds for the fishery control force
to perform the assigned tasks and functions.
Article 17.
Responsibilities of related ministries, sectors and provincial-level People's
Committees
1. The Ministry of Home Affairs shall assume the
prime responsibility for, and coordinate with the Ministry of Agriculture and
Rural Development and other related agencies in, submitting to competent
authorities for decision the civil servant payroll of the Department of Fishery
control; defining the ranks and rank codes of fishery control force members,
crewmembers of fishery control vessels who are civil servants; submitting to
the Prime Minister for decision the regime of allowance and compensation for
fishery control force members and crewmembers of fishery control vessels.
2. The Ministry of National Defense shall direct
the navy, border guard and marine police forces to coordinate with and support
the fishery control force in accordance with law.
3. The Ministry of Public Security shall assume
the prime responsibility for, and coordinate with the Ministry of Agriculture
and Rural Development in, specifying the equipment, the management and use of
supporting tools and special-use equipment in the performance of the functions
and tasks of the fishery control force.
4. The Ministry of Finance shall assure operation
funds for the fishery control force in accordance with the Law on State Budget.
5. The Ministry of Labor, War Invalids and
Social Affairs shall assume the prime responsibility for, and coordinate with
the Ministry of Agriculture and Rural Development in, issuing specific
regulations on entitlement to benefits like war invalids and martyrs applicable
to fishery control force members and crewmembers of fishery control vessels who
are wounded or die in the cases prescribed by the Ordinance on Preferential
Treatment of People with Meritorious Services to the Revolution.
6. The Ministry of Foreign Affairs shall
coordinate with the Ministry of Agriculture and Rural Development in
international cooperation related to activities of the fishery control force.
7. Ministries, sectors and provincial-level
People's Committees shall coordinate with the Ministry of Agriculture and Rural
Development in performing the tasks of the fishery control force in accordance
with law.
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IMPLEMENTATION
PROVISIONS
Article 18. Effect
This Decree takes effect on January 25, 2013.
Article 19. Implementation
responsibilities
1. The Minister of Agriculture and Rural
Development shall assume the prime responsibility for, and coordinate with
related ministries and sectors in, guiding the implementation of this Decree.
2. Ministers, heads of ministerial-level
agencies, heads of government-attached agencies, chairpersons of
provincial-level People's Committees, related agencies, organizations and individuals
shall implement this Decree.-
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