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THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 72/1998/ND-CP
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Hanoi, September 15,
1998
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DECREE
ON ENSURING
SAFETY FOR FISHERMEN AND FISHERY MEANS ON THE SEA
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
Pursuant to the Ordinance on the Flood and Storm Prevention and Combat of March
20, 1993;
At the proposal of the Minister of Aquatic Resources,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree shall apply to
Vietnamese fishermen and fishery means operating in the Vietnamese sea areas.
All those fishermen and fishery means shall have to observe the provisions of
this Decree and other relevant current provisions of law.
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1. "Fishery means" include: ships,
boats and mobile and non-mobile means on the sea used for fishery activities.
2. "Fishery activities" mean such
activities as exploiting, processing and rearing aquatic products; logistic
services; gathering aquatic products; surveying, prospecting and inspecting,
controlling the protection of aquatic resources.
3. The "means owner" is the owner,
ship-master or manager of the means.
Chapter II
CONDITIONS FOR FISHERMEN AND FISHERY MEANS TO OPERATE
ON THE SEA AND FISHERMEN'S RESPONSIBILITIES
Article 3.- When operating on the sea,
fishery means shall have to carry the following papers and fully meet the
following conditions:
1. The certificate of the fishing means
registration.
2. The certificate of technical safety of the
means.
3. The fishery activity permit.
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Article 4.- An owner of fishery means
shall have to:
1. Fully equip fishermen and fishery means with
safety and rescue facilities according to the prescribed criteria.
2. Purchase insurance for the crew.
3. Purchase insurance for ship hulls, regarding
the offshore fishing means.
4. Elaborate and promulgate rules and processes
for the safe use of equipment and facilities on the means.
5. Urge the ship-master to strictly abide by the
reporting regime when sailing out to sea and when returning to ports or berths
in accordance with the provisions of Clause 4, Article 6 of this Decree.
6. Organize the fostering and dissemination of
professional knowledge on ensuring sailing safety for the crew members.
7. Regularly grasp the number of the crew
members and means as well as the sea area of operation of the means and report
them to the branch-managing ministry or the local authority of the place of
residence at the latter's request; get ready to send his/her means to undertake
the task of flood and storm prevention and combat as well as the task of search
and rescue on the mobilization order of the competent level.
Article 5.- A ship-master of fishery
means must obtain operating license corresponding to the size and type of the
means (for means which require license from the ship-master).
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1. Disseminate, guide and urge the crew members
to implement the regulations on safety while working on the sea; assign tasks
to each crew member and organize their practice of plans for ensuring safety.
2. Check the crew members and means in term of
safety equipment and facilities, as well as insurance cards for crew members
and the ship hull before sailing.
3. Abide by and urge the crew members to
strictly abide by the rules on the prevention of ship and/or boat collision
during their operation on sea.
4. Declare the sea area of operation, the actual
number of crew members aboard the means and produce papers prescribed in Article
3 of this Decree to the authorities of the ports of their departure and arrival
when sailing out to sea and returning to ports. Where a port authority is not
available, declaration shall be made with the People's Committee of the commune
or ward where the means are anchored.
Article 7.- In case of a storm, the
ship-master shall have the responsibility:
1. When the storm is far away: To notify the
crew members of the storm, at the same time check all safety equipment and
constantly follow the weather development forecast on the Radio Voice of
Vietnam and the Vietnam Television; to keep close contact with the commanding
station ashore and seek ways and means to notify other means operating in the
same area of the storm.
2. When the storm is near: To inform the crew
members of the near storm, quickly order the gathering of fishing-nets and
leave the fishing place for the nearest storm-shelter; to promptly notify other
means operating in the same area of the storm.
3. Upon hearing the urgent news on storm: To
order the crew members to wear personal life buoys, to ready all rescue
equipment into their proper places and promptly take the means to the nearest
storm-shelter. In case of emergency, the ship-master may also decide to abandon
fishing-nets so as to quickly take the means to the storm-shelter; to mobilize
his/her means and crew members for the rescue of men and/or other means in
distress.
4. When the means are in a storm area: To
directly personally operate and command the means; to resort to every measures
and experiences in order to ensure safety for men and means. To promptly inform
radio stations ashore as well as the nearest means of the present location of
his/her means and give out signals of emergency when the means are in distress;
to take part in the rescue of men and other means in distress.
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Article 8.- Conditions and rights of the
crew members working on fishery means:
1. Aged full 18 years or more.
2. To have good health and be able to swim as
prescribed by the Ministry of Aquatic Resources.
3. To abide by the crew registration regime as
prescribed and have a "crew members' register" (for crew members
working on means where the "crew members' register" is required),
identity cards (for crew members working on means where the "crew members'
register" is not required).
4. To be professionally fostered and provided
with knowledge about ensuring sea-faring safety.
5. To be entitled to refuse to take part in
activities on the sea, if the fishery means are not safe.
Article 9.- The crew members working
aboard fishery means shall have the responsibility to:
1. Abide by the regulations on ensuring safety
for men and means.
2. Immediately report all accidents detected
aboard their means and other means to the ship-master and get ready to support
or rescue men and means in distress.
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STATE MANAGEMENT OVER FISHERY ACTIVITIES
Article 10.- The Ministry of Aquatic
Resources shall have the responsibility to:
1. Set criteria on crew members' posts and titles;
organize the training of fishery ship-master and chief mechanist and granting
licenses thereto; grant fishery crew registers.
2. Issue fishing permits and registration papers
of fishery means and fishermen in accordance with the regulations of the State;
conduct examination and issue certificates of technical safety for fishery
means operating in the country, which has a designed length of waterline of 20m
or less.
3. Coordinate with the Central Steering
Committee for Flood and Storm Prevention and Combat in directing the flood and
storm prevention and combat and overcoming their consequences within the
aquatic resources branch.
4. Coordinate with the National Committee for
Air and Sea Search and Rescue in directing the People's Committees of the provinces
and cities directly under the Central Government as well as the attached units
to promptly organize search and rescue of fishermen and fishery means in
distress.
5. Coordinate with the Ministry of Science,
Technology and Environment, the Ministry of Communications and Transport and
the relevant ministries and branches in revising, amending and supplementing
the current regulations on technical safety and rescue of fishermen and fishery
means suited to each water area and each type of means.
6. Direct the aquatic resource protection
inspec-torate and the provincial/municipal Departments of Aquatic Resources to
coordinate with such forces as border guards, coast guards and naval forces in
regularly inspecting and supervising activities of fishermen and fishing means
on the sea; to handle, according to its competence, cases where people and
means are not fully equipped with safety equipment, or insurance is not
purchased for the crew members and the ship(s) as prescribed.
Article 11.-
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2. The Ministry of Defense shall assume the
prime responsibility and coordinate with the National Committee for Air and Sea
Search and Rescue, the Central Committee for Flood and Storm Prevention and
Combat and the Ministry of Aquatic Resources in firing storm warning signals at
key canals, ports, berths and fishing grounds in case of a storm; direct such
forces as border guards, coast guards, aquatic resource protection inspectorate
and the local administrations to closely manage sea lines, not allowing
fishermen and fishery means to sail out to sea when they are not fully equipped
with safety facilities and when there's a storm notice; get ready together with
the localities to rescue men and means when accidents occur.
3. The Ministry of Culture and Information shall
direct the central and local mass media agencies to promptly announce
meteorological weather forecasts; propagate among fishermen the necessity to observe
the regulations on ensuring safety for fishery activities on the sea.
4. The Ministry of Planning and Investment and
the Ministry of Finance shall, according to their respective competence, guide
the elaboration of plans and application of the budget legislation for
invest-ment and technical equipment in the flood and storm prevention and
combat activities, in the search and rescue work and in ensuring smooth
communications (including signals firing) when there is a storm.
The Ministry of Finance shall coordinate with
the Ministry of Aquatic Resources in providing detailed guidance on the
purchase of insurance for the crew members and ship-hulls in accordance with
the provisions of Clauses 2 and 3, Article 4 of this Decree; and promulgating
the rules, charge brackets as well as concrete levels of insurance
responsibility.
5. The General Department of Post and
Telecom-munications shall coordinate with the Ministry of Aquatic Resources in
planning the communication network for the flood and storm prevention and
combat, and for search and rescue activities; directing the transmission and
broadcasting of weather forecasts in service of fishermen and fishery means on
the sea.
6. The General Department of Meteorology and
Hydrology shall have to receive, follow and promptly announce meteorological
and hydrological information related to fishery activities. In case of any
dangerous meteorological phenomena (storm, low pressure, flood), it shall have
to fully comply with the storm and flood regulations.
7. The Radio Voice of Vietnam, the Vietnam
Television and the local radio and television stations shall have to broadcast
storm notices issued by the General Department of Meteorology and Hydrology in
accordance with the regulations on storm notice; and orders issued by the flood
and storm prevention and combat agencies of different levels, in order to serve
the flood and storm prevention and combat command as well as the evacuation of
men and means operating on the sea to safe sheltering and anchoring areas.
Article 12.- The People's Committees of
the pro-vinces and cities directly under the Central Government shall have to
direct the lower-level People's Committees and branches in their respective
localities to perform the following tasks:
1. To popularize and educate fishermen and
owners of fishery means about the benefits and importance of ensuring safety
for fishermen and fishery means operating on the sea; and about sea-faring
safety knowledge and operations; to fully supply safety equipment and buy
insurance for the crew members and ship(s) (regarding the means requiring the
purchase of ship insurance).
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3. To urge and inspect fishermen and fishery
enterprises in their respective localities in the observance of the State's
regulations on ensuring safety for activities on the sea.
4. To consolidate and build local fishing
harbors, berths, storm-shelter as well as storm-warning communications network.
5. To promptly execute the orders of the Central
Steering Committee for Flood and Storm Prevention and Combat and the National
Committee for Air and Sea Search and Rescue in the flood and storm prevention
and combat as well as search and rescue activities; to direct the investigation
of accidents that occur on the locally-controlled sea areas and organize the
search and rescue of men and means, helping fishermen quickly overcome the
consequences and stabilize their life and production activities.
6. To promptly report on the activities of
fishermen and fishery means in locally-controlled sea areas, especially in the
rainy and stormy seasons.
Article 13.- The verification of the list
of the crew members onboard fishery means is stipulated as follows:
1. The list of the crew members onboard fishery
means owned by family households and managed by the commune/ward authorities
shall be verified by the president of the commune/ward People's Committee.
2. The list of the crew members onboard fishery
means owned by enterprises shall be verified by directors of such enterprises.
Chapter IV
IMPLEMENTATION PROVISIONS
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1. Organizations and/or individuals with
meritorious achievements in ensuring safety for, search and rescue of fishermen
and fishery means on the sea shall be commended and/or rewarded in accordance
with the current regulations of the State.
2. Organizations and/or individuals that fail to
comply with the provisions of this Decree shall, depending on the nature and
seriousness of their violations, be dealt with in accordance with the current
provisions of law.
Article 15.- This Decree takes effect 15
days after its signing. The Ministry of Aquatic Resources shall coordinate with
the concerned ministries and branches in guiding the implementation of this
Decree.
Article 16.- The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People's Committee of the provinces and
cities directly under the Central Government shall have to implement this
Decree.
THE GOVERNMENT
Phan Van Khai