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THE
MINISTRY OF AQUATIC RESOURCES
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
494/2001/QD-BTS
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Hanoi,
June 15, 2001
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DECISION
ISSUING THE REGULATION ON THE FISHING SHIP REGISTRY AND THE
FISHING SHIP AND CREW REGISTRATION
THE MINISTER OF AQUATIC RESOURCES
Pursuant to the Government’s Decree No. 50/CP
of June 21, 1994 on the tasks, powers and organizational structure of the Ministry
of Aquatic Resources;
Pursuant to the Government’s Decree No. 91/CP of August 23, 1997 issuing the
Regulation on registration of sea-going ships and crew and Decree No.
23/2001/ND-CP of May 3, 2001 amending and supplementing a number of articles of
the Regulation on registration of sea-going ships and crew, issued together
with the Government’s Decree No. 91/CP of August 23, 1997;
Pursuant to the Government’s Decree No. 72/1998/ND-CP of September 15, 1998 on
ensuring safety for fishermen and fishing means operating on the sea;
Pursuant to branch standards from 28 TCN 140:2000 to 28 TCN 149:2000, issued
together with Decision No. 03/2000/QD-BTS of January 6, 2000 of the Minister of
Aquatic Resources;
At the proposal of the director of the Aquatic Resource Protection Department,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on the fishing ship registry and the
fishing ship and crew registration.
Article 2.- This
Decision takes effect 15 days after its signing. The previous provisions of
Decision No. 413/QD-BVNL of April 1, 1996 and Decision No. 211-TS/QD of June
17, 1992 are hereby annulled.
Article 3.- The director
of the Office, the directors of the Departments, the Chief Inspector of the
Ministry, the director of the Aquatic Resource Protection Department, the heads
of the agencies and units of the Ministry and the directors of the
provincial/municipal Aquatic Resources; Agriculture, Forestry and Fishery; and
Agriculture and Rural Development Services shall have to implement this
Decision.
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FOR THE MINISTER OF AQUATIC
RESOURCES
VICE MINISTER
Nguyen Ngoc Hong
REGULATION
ON THE FISHING SHIP REGISTRY AND THE FISHING SHIPS AND CREW
REGISTRATION
(Issued together with Decision No. 494/2001/QD-BTS of June 15, 2001 of the
Minister of Aquatic Resources)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation prescribes the principles for organizing the fishing ship registry
and the fishing ship and crew registration.
Article 2.- In this
Regulation the following terms shall be construed as follows:
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2. Fishing ship registration means the
performance of the task of administrative State management over fishing ships.
3. Crew registration means the certification of
crew who are fully qualified according to regulations to work on fishing ships.
4. Fishing ships mean all kinds of ships, boats,
speed boats, barges and other floating means with or without engines, used for
exploiting, processing, culturing, gathering and/or transporting aquatic
products, supplying logistics in service of fishery; researching, surveying and
exploring aquatic resources and supervising and controlling aquatic resources,
and operating in water areas: sea, rivers, lakes, canals, ditches, lagoons of
the Socialist Republic of Vietnam.
5. Crew mean people on official payroll working
on fishing ships with the prescribed titles.
6. Ship owners mean legal persons or individuals
that own and register the ships in their names under the provisions of
Vietnamese laws.
7. Fishery activities mean activities of
exploiting, processing and culturing aquatic resources, providing logistic
services, collecting aquatic goods; surveying, exploring, supervising and
controlling to protect aquatic resources.
8. Ship dry-lease means the hiring of ships
without provision of crew.
9. Ship hire-purchase means the combined
purchase and hire of ships.
Article 3.- The
director of the Aquatic Resource Protection Department shall assist the
Minister of Aquatic Resources in organizing and directing uniformly the fishing
ship registry and the fishing ship and crew registration nationwide.
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Article 5.- Fishing
ships subject to registration under this Regulation include:
1. Fishing ships of domestic organizations and
individuals.
2. Fishing ships under the ownership of
joint-venture enterprises or enterprises with 100% foreign-invested capital,
which are established and operate under the Law on Foreign Investment in
Vietnam.
3. Fishing ships of foreign organizations and
individuals, which Vietnamese enterprises purchase or hire under dry-lease or
hire-purchase contracts.
4. Fishing ships donated by foreign
organizations and/or individuals as non-refundable aid to Vietnam.
5. Fishing ships of foreign organizations and
individuals, which are permitted by the Vietnamese Government to enter for
registration in Vietnam.
Article 6.- Crew working
on the following kinds of fishing ships must have fishing ship crew books:
1. Fishing ships mentioned in Clause 1, Article
5 of this Regulation, which are fitted with engines and the total capacity of
main engines reaching 90 horsepower or more.
2. Fishing ships mentioned in Clauses 2, 3, 4
and 5, Article 5 of this Regulation, including ships fitted or not fitted with
engines.
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1. Fishing ships fitted with engines and the
total capacity of main engines reaching 20 horsepower or more.
2. Fishing ships not fitted with engines or
fitted with engines and the total capacity of main engines being under 20
horsepower but the designed water line being between 15 and 20 meters in
length.
For fishing ships having the designed waterline
longer than 20 m (except for fishery control ships), the registry thereof shall
be effected by Vietnam Registry Department.
Chapter II
AGENCIES IN CHARGE OF
FISHING SHIP REGISTRY AND FISHING SHIP AND CREW REGISTRATION
Article 8.- The agencies
in charge of fishing ship registry and fishing ship and crew registration,
which are hereinafter called "fishing ship registry agencies" for
short, include:
1. The central fishing ship registry agency: The
Aquatic Resource Protection Department, the Ministry of Aquatic Resources.
2. The provincial-level fishing ship registry agencies:
The Aquatic Resource Protection Sub-Departments or Aquatic Resource Protection
Centers of the provincial/municipal Aquatic Resources or Agriculture and Rural
Development Services that manage aquatic resources in the provinces and
centrally-run cities.
For provinces and centrally-run cities where
Aquatic Resource Protection Sub-Departments or Centers are not available, the
provincial-level fishing ship registry agencies shall be the
provincial/municipal Agriculture and Rural Development Services.
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1. The central fishing ship registry agency
shall carry out the registration for:
a/ Fishing ships of units attached to the
Ministry of Aquatic Resources and of other central branches, including the
armed force units engaged in economic aquatic activities;
b/ Fishery control ships;
c/ Ships conducting research, survey and
exploration of aquatic resources;
d/ Fishing ships mentioned in Clauses 2, 3, 4
and 5, Article 5 of this Regulation.
2. The provincial fishing ship registry agencies
shall carry out the registration for fishing ships in the provinces, which are
not mentioned in Clause 1 of this Article.
Article 10.- The
fishing ship registry is assigned as follows:
1. The central fishing ship registry agency
shall carry out the registry for:
a/ Fishing ships fitted with engines and the
total capacity of main engines reaching 90 horsepower or more;
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2. The provincial fishing ship registry agencies
shall carry out the registry for:
a/ Fishing ships not mentioned in Clause 1 of
this Article, including fishing ships of the provinces and other provinces,
which have expired registry durations and now apply for inspection and
extension or which have been built or repaired in the localities under their
management;
b/ Fishing ships as authorized by the central
fishing ship registry agency.
For the provinces and centrally-run cities which
have no Aquatic Resource Protection Sub-Departments or Centers, the fishing
ship registry shall be carried out by the central fishing ship registry agency
or the nearest qualified provincial fishing ship registry agency as designated
by the central fishing ship registry agency.
Article 11.-
1. The central fishing
ship registry agency may authorize the provincial fishing ship registry
agencies to carry out the registry of fishing ships mentioned in Clause 1,
Article 10 of this Regulation on the following principles:
a/ Authorizing the whole or part of the
registry, in certain periods of time;
b/ Authorizing the host provincial fishing ship
registry agency or the nearest qualified provincial fishing ship registry
agency.
2. Conditions for being authorized:
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b/ Having adequate equipment and tools for
carrying out ship registry.
c/ Strictly abiding by the technical processes,
norms and standards as well as the State’s regulations and the Finance
Ministry’s guidance on the fishing ship registry.
d/ Fully complying with the prescribed reporting
and statistical regime.
3. The central fishing ship registry agency
shall have to inspect the authorized units according to the conditions
mentioned in Clause 2 of this Article.
Article 12.- The
central fishing ship registry agency has the following tasks:
1. Studying and formulating standards, processes
and norms for application to the designing, building, overhauling,
transformation and refurbishment of fishing ships, and regulations on the
fishing ship and crew registration, then submitting them to the Ministry of
Aquatic Resources for promulgation.
2. Making and keeping a register of fishing
ships under its management, summing up statistical data on registered fishing ships
and crew nationwide.
3. Organizing the direction of the fishing ship
registry and the fishing ship and crew registration nationwide.
4. Organizing the professional training and
guidance for the provincial fishing ship registry agencies.
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6. Directly carrying out the fishing ship and
crew registration for ships of those kinds mentioned in Clause 1, Article 9,
and the fishing ship registry for ships of those kinds mentioned in Clause 1,
Article 10 of this Regulation.
7. Participating in the assessment of the
technical conditions and quality of fishing ships under its management before
they are refurbished, liquidated or sold.
8. Joining the Council for Appraisal of Maritime
Incidents and Accidents.
9. Promulgating forms of papers used in the
fishing ship registry and fishing ship and crew registration; printing,
distributing and managing them nationwide.
10. Collecting charges and fees for fishing ship
registry and fishing ship and crew registration according to the State’s
current regulations.
Article 13.- The
provincial fishing ship registry agencies have the following tasks:
1. Making and keeping registers of fishing ships
as assigned; summing up statistical data on fishing ships and crew registered
in the provinces.
2. Reporting on the work of fishing ship
registry and fishing ship and crew registration according to regulations.
3. Directly carrying out the fishing ship and
crew registration for ships of those kinds mentioned in Clause 2, Article 9,
and the fishing ship registry for ships of those kinds mentioned in Clause 2,
Article 10 of this Regulation.
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5. Joining the Council for Appraisal of Maritime
Incidents and Accidents for fishing ships.
6. Collecting charges and fees for fishing ship
registry and fishing ship and crew registration according to the State’s
current regulations.
Chapter III
REGISTRY OF FISHING
SHIPS
Article 14.-
1. All fishing ships
mentioned in Article 7 of this Regulation must be subject to the technical
inspection and supervision by the fishing ship registry agencies.
2. For fishing ships not mentioned in Article 7
of this Regulation, the fishing ship registry agencies shall only examine their
safety equipment and basic parameters before carrying out the registration
thereof.
3. When building, overhauling, transforming or
refurbishing fishing ships mentioned in Article 7 of this Regulation, ship
owners or ship-building or -repairing establishments which are authorized by
ship owners must sign technical supervision contracts with the fishing ship
registry agencies.
Article 15.- Fishing
ships of those kinds subject to registry must have technical dossiers. The
contents of such technical dossiers are prescribed in branch standard 28 TCN
141:2000 and the States current norms and criteria.
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1. Consideration and approval of designs.
2. Inspection and supervision in the process of building
or repairing, testing and acceptance.
Article 17.- The
performance of the registry work for fishing ships in the process of their
operation includes:
1. First-time examination.
2. Annual examination.
3. Periodical examination.
4. Irregular examination.
The purposes of the above-said types of
examination are stated in Section 5 of branch standard 28 TCN 140:2000.
Article 18.- Papers to
be granted after the registry work is finished:
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2. The part-by-part acceptance record.
3. The first-time/periodical technical
examination record.
4. The annual technical examination record.
5. The book of certification of the fishing ship�s operational capability.
The contents, sizes and designs of the
above-said papers are stated in branch standards from 28 TCN 142:2000 to 28 TCN
149:2000.
Article 19.- The
central fishing ship registry agency shall base itself on the current standards
and norms to specify the contents of each type of technical examination of
fishing ships.
Chapter IV
REGISTRATION OF FISHING
SHIPS
Article 20.- Fishing
ships shall be registered into the fishing ship registers if they meet all the
following conditions:
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2. Ship owners must commit themselves not to use
their ships for illegal purposes.
3. Bearing no other sea-going ship registration
numbers.
4. Having completed the registry (for kinds of
ships subject to registry).
5. For fishing ships of foreign origin as
mentioned in Sections C, D and E, Article 23 of this Regulation, they must not
be aged more than 15 years.
6. Belonging to domestic organizations or
individuals with head offices based in Vietnam. If they belong to foreign
organizations or individuals, the Vietnamese Government’s permission is
required.
7. Having their own names given by the ship
owners, maybe after their registration numbers. In cases where ship owners wish
to name their ships after the Vietnamese historical figures, the approval of
the Ministry of Aquatic Resources is required.
Article 21.-
1. Ship owners shall be
obliged to register their ships at the fishing ship registry agencies specified
in Article 9 of this Regulation.
2. At a particular point of time, each fishing
ship should be registered only at one fishing ship registry agency and bear a
sole registration number.
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Article 22.- Fishing
ship registration numbers are divided into three groups (counting from left to
right) as follows:
A. The first group consists of letters standing
for the name of a province or centrally-run city. Concretely:
01. An Giang AG
02. Ba Ria-Vung Tau BV
03. Bac Lieu BL
04. Bac Can BC
05. Bac Giang BG
06. Bac Ninh BN
07. Ben Tre BT
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09. Binh Dinh BĐ
10. Binh Phuoc BP
11. Binh Thuan BTh
12. Ca Mau CM
13. Cao Bang CB
14. Can Tho CT
15. Da Nang DNa
16. Dac Lac DL
17. Dong Nai DN
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19. Gia Lai GL
20. Ha Giang HG
21. Hanoi HN
22. Ha Nam HNa
23. Ha Tay HTa
24. Ha Tinh HT
25. Hai Duong HD
26. Hai Phong HP
27. Hoa Binh HB
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29. Hung Yen HY
30. Khanh Hoa KH
31. Kien Giang KG
32. Kon Tum KT
33. Lai Chau LC
34. Lang Son LS
35. Lao Cai LCa
36. Lam Dong LD
37. Long An LA
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39. Nghe An NA
40. Ninh Binh NB
41. Ninh Thuan NT
42. Phu Tho PT
43. Phu Yen PY
44. Quang Binh QB
45. Quang Nam QNa
46. Quang Ngai QNg
47. Quang Ninh QN
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49. Soc Trang ST
50. Son La SL
51. Tay Ninh TN
52. Thai Binh TB
53. Thai Nguyen TNg
54. Thanh Hoa TH
55. Thua Thien -Hue TTH
56. Tien Giang TG
57. Tra Vinh TV
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59. Vinh Long VL
60. Vinh Phuc VP
61. Yen Bai YB
B. The second group consists of 4 numerals in the
order from 0001 to 9999; particularly for ships fitted with main engines of
between 90 horsepower and more, this group consists of 5 numerals as follows:
the first numeral is 9 and the following numerals are in the order from 0001 to
9999.
C. The third group:
a/ Consists of 2 letters "TS" (Thuy
San - Aquatic Resources) for ships registered at the provincial fishing ship
registry agencies;
b/ Consists of 3 letters "BTS" (Bo
Thuy San -Ministry of Aquatic Resources), for ships registered at the central
fishing ship registry agency;
c/ Consists of 2 letters "KN" (Kiem
Ngu - Fishery Control), for fishery control ships.
2. Names and registration numbers must be
inscribed in paint or on plates firmly stuck to the sides of the ships as
prescribed below:
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b/ The registration number is inscribed on both
sides of the ship prow; where a ship is too small and its registration number
cannot be inscribed on the side of its prow, it shall be inscribed on a plate
stuck to the outer wall of the cabin or bedroom; if a ship has neither cabin
nor bedroom, its registration number may be inscribed or stuck on its body at
any position easy to be seen.
c/ The geographical name of the port or the
place where the ship is registered for docking shall be inscribed at the ships
stern.
Letters and numerals must be inscribed in a neat
manner, in print style, their color must contrast the background color to be
easily seen.
The sizes of letters and numerals must be
proportional to the ship’s size, their thickness must not be less than 30 mm
and their height not lower than 200 mm. For very small ships, the sizes of
letters and numerals may be smaller than the above-prescribed limits but must
be clear and easy to be seen.
Article 23.- A fishing
ship registration dossier consists of:
A. For newly-built or transformed fishing ships:
1. Papers to be submitted, one copy each:
a/ Declaration for fishing ship and crew
registration (original);
b/ Certificate of release from workshop, granted
by the owner of the ship-building or repairing establishment or ship-building
or -repairing contract (original);
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d/ Old registration certificate (for transformed
ships, original);
e/ Two photos of the ship, size 9x12 (color
photos of the whole ship from both sides).
2. Papers to be produced (original copies):
a/ The technical safety dossier, granted by the
registry agency (original), for kinds of ships subject to registry;
b/ Permit for use of the ship’s radio, if any.
B. For fishing ships over which the ownership is
transferred domestically (sale, exchange, giving away, transfer, inheriting,
etc)
1. Cases of transfer of ownership of ships in
the region with the same registry agency:
1.1. Papers to be submitted, one copy each:
a/ Declaration for transfer and re-granting of
the registration certificate;
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c/ Old registration certificate of the fishing
ship (original);
d/ Receipt for payment of registration fee
(original).
1.2. Papers to be produced (original copies):
The technical safety dossier (original), granted by the registry agency, for
kinds of ships subject to registry.
2. Cases of transfer of the ships ownership from
one region to another with two different registry agencies:
2.1. Papers to be submitted, one copy each:
a/ Declaration for fishing ship and crew
registration (original);
b/ Certificate of registration deletion, granted
by the former fishing ship registration agency, enclosed with the ship’s old
registration dossier (original);
c/ Two photos of the ship, size 9 x 12 (color
photos of the whole ship from both sides);
d/ Papers mentioned at Items c and d, Point 1.1,
Clause 1 of this Section.
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C. For fishing ships bought from foreign
countries
1. Papers to be submitted, one copy each:
a/ Declaration for fishing ship and crew
registration (original);
b/ Permit for purchase of the ship, granted by a
competent Vietnamese State body (original);
c/ Written certification of the completion of
customs procedures (original);
d/ Certificate of deletion of old registration,
granted by the ship registration agency of the country that sells the ship
(original), enclosed with the Vietnamese translation authenticated by a
competent body;
e/ Receipt for payment of registration fee
(original);
f/ Two photos of the ship, size 9 x 12 (color
photos of the whole ship from both sides).
2. Papers to be produced (original copies):
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b/ Permit for use of the ship’s radio, if any.
D. For fishing ships dry-leased or
hire-purchased from foreign countries
1. Papers to be submitted, one copy each:
a/ Contract on dry-lease or hire-purchase of the
ship into Vietnam (original);
b/ Written certification of temporary suspension
of the old registration (original), granted by the former registration agency,
enclosed with the Vietnamese translation authenticated by a competent body;
c/ Permit for dry-lease or hire-purchase of the
ship into Vietnam (original), granted by a competent Vietnamese State body;
d/ Papers mentioned at Points a, c, e and f,
Clause 1, Section C of this Article.
2. Papers to be produced (originals): Papers
mentioned in Clause 2, Section C of this Article.
E. For fishing ships donated as refundable aid by
foreign organizations and individuals
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a/ Paper on the receipt of the donated ship
(original), granted by a competent Vietnamese State agency;
b/ Papers mentioned at Points a, c, d and f,
Clause 1, Section C of this Article.
2. Papers to be produced (original copies):
Papers mentioned at Points a and b, Clause 2,
Section C of this Article.
Article 24.- Within
seven days after receiving complete and valid dossiers, the fishing ship
registry agencies shall have to carry out the procedures to make registration
in the fishing ship registers and grant fishing ship registration certificates.
Where all registration conditions are not met or registration dossiers are not
valid, the ship owners must be notified thereof.
Article 25.- Owners and
captains of fishing ships shall be obliged to preserve and keep fishing ship
registration certificates and registry papers on their ships all the time.
Article 26.-
1. Fishing ship
registration certificates may be re-granted in the following cases:
a/ They are lost, torn or damaged;
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2. A dossier to be submitted to the fishing ship
registry agency for re-granting of a registration certificate consists of:
a/ Declaration for changing the ship’s name or
re-granting the fishing ship’s registration;
b/ Old registration certificate (if it is torn,
damaged or the ship’s name is changed; original) or declaration of loss of the
"fishing ship registration certificate", with certification by the
commune or ward administration or the police or border guard station of the
place where the certificate is lost (for loss of certificates).
3. The fishing ship registry agencies shall
consider and re-grant "fishing ship registration certificates" to
ship owners within three days after receiving the declarations.
4. Re-granted registration certificates must
bear the previously granted registration numbers and clearly indicate the time
of re-granting.
Article 27.-
1. Ship owners must
notify the fishing ship registry agencies of the places where their ships are
registered for deletion of registration in the following cases:
a/ The ship is destroyed or sunk and it is
certified by a competent maritime accident investigation body that the ship has
actually lost its capability for fishery activities;
b/ The ship is missing (six months after
communication with the ship is lost);
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d/ The ship’s ownership is transferred out of
the Vietnamese territory.
2. The fishing ship registry agencies shall have
to receive the above-said dossiers and within three days after receiving
complete and valid dossiers, they shall consider and grant certificates of
deletion of the fishing ship’s registration and at the same time delete the
ships names in the fishing ship registers.
Article 28.-
1. Fishing ships shall be
granted "temporary registration certificates" in the following cases:
a/ When making registration of old fishing ships
bought from foreign countries for use but the ship owners have not yet obtained
the certificates of deletion of the sea-going ships registered names and the
certificates of payment of registration fee;
b/ When making registration of fishing ships
newly built in Vietnam for test run to the place of official registration.
A dossier to be submitted for temporary
registration consists of:
a/ Declaration for granting of a temporary
registration certificate, clearly stating the reason therefor;
b/ Ship-building contract or contract for
transfer of the ship’s ownership;
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3. Temporary registration certificates for
fishing ships granted to ship owners shall be valid for 90 days only.
Article 29.- The
procedures and order for pledging, mortgaging or keeping fishing ships in
maritime custody shall comply with the provisions in Section E, Chapter II of
the Regulation on registration of fishing ships and crew, promulgated together
with the Government’s Decree No. 91-CP of August 23, 1997.
Chapter V
OVERSEAS REGISTRATION OF
FISHING SHIPS OWNED BY VIETNAMESE ORGANIZATIONS AND INDIVIDUALS
Article 30.-
1. Conditions for fishing
ships owned by Vietnamese organizations and individuals to be registered in
foreign countries and the principles for law application to settle related
matters shall comply with the provisions of Articles 20 and 22, Section F,
Chapter II of the Regulation on registration of fishing ships and crew,
promulgated together with the Government’s Decree No. 91-CP of August 23, 1997.
2. The overseas registration of fishing ships
owned by Vietnamese organizations or individuals must be permitted by the
Minister of Aquatic Resources.
Article 31.-
1. Before making overseas
registration of fishing ships which have been registered in Vietnam, ship
owners must make declarations for deletion or suspension of their ships
registration and send them to the managing fishing ship registry agencies for
deletion or temporary suspension of the ships registration in Vietnam’s fishing
ship register.
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Chapter VI
REGISTRATION OF CREW
Article 32.-
1. Fishing ship crew
mentioned in Article 6 of this Regulation must hold fishing ship crew books.
2. Applicants for fishing ship crew books must
meet all the following conditions:
a/ Being aged full 18 years or more;
b/ Being physically fit and good at swimming;
c/ Having been trained in the ABC of maritime
jobs at courses organized by competent fishing ship registry agencies (if they
have not yet obtained professional qualification certificates compatible with
the prescribed titles on fishing ships).
3. A dossier of application for a crew book
consists of:
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b/ A professional qualification certificate
compatible with one of the prescribed titles on fishing ships, granted by a
competent State body (a notarized copy) or a certificate of professional
training in sea fishing (original), granted by a fishing ship registry agency.
4. The fishing ship registry agencies shall
receive the dossiers and carry out the procedures for granting fishing ship
crew books within seven days after receiving the complete and valid dossiers.
Article 33.-
1. The fishing ship
registry agencies which have made registration for particular fishing ships
shall also effect the crew registration and grant the fishing ship crew
directories to such ships.
The crew registration and granting of fishing
ship crew books for different kinds of fishing ships are prescribed as follows:
a/ For crew working on fishing ships mentioned
in Article 6 of this Regulation, the provisions of Article 32 of this
Regulation must be complied with;
b/ For crew working on fishing ships not mentioned
in Article 6 of this Regulation, the fishing ship registry agencies shall base
themselves on Clause 2, Article 32 of this Regulation to enter the list of crew
in the fishing ship crew directories.
2. A dossier to be submitted for crew
registration and granting of a fishing ship crew directory consists of:
a/ Declaration for fishing ship and crew
registration (original);
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3. After registration, each fishing ship is
granted a fishing ship crew directory.
4. The fishing ship registry agencies shall receive
the dossiers and carry out the procedures for granting fishing ship crew
directories to ship owners within seven days after receiving complete and valid
dossiers.
Article 34.-
1. Fishing ship crew
directories shall be granted for the first time together with the registration
of fishing ships by the fishing ship registry agencies.
2. The substitution of crewmen working on
fishing ships during each sea trip is prescribed as follows:
a/ For crewmen working on fishing ships of those
kinds mentioned in Article 6 of this Regulation, their substitutes must have
fishing ship crew books; for crewmen on fishing ships of other kinds not
mentioned in Article 6 of this Regulation, their substitutes are not required
to have fishing ship crew books but they must come of age, be physically fit
and good at swimming.
b/ At the requests of ship owners or captains,
the competent persons (enterprise directors, for fishing ships of the
enterprises; presidents of the People’s Committees of the communes or wards
where the ship owners reside, for fishing ships not belonging to enterprises)
must inscribe the substitute crewmen’s full names in the ships’ crew
directories, then clearly inscribe their full names and titles, sign and stamp
for certification.
Chapter VII
COMMENDATION AND
HANDLING OF VIOLATIONS
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1. Organizations and
individuals that well implement this Regulation shall be commended and/or
rewarded according to the State’s current regulations.
2. Organizations and individuals that violate
the provisions of this Regulation shall be handled according to current law
provisions of Vietnam.
3. The lodging and settlement of complaints and
denunciations related to the implementation of this Regulation shall comply
with the Complaint and Denunciation Law.
Chapter VIII
IMPLEMENTATION
PROVISIONS
Article 36.- This
Regulation takes effect 15 days after its signing for promulgation.
This Regulation replaces:
1. The Regulation on fishing ship and crew
registration, issued together with Decision No. 413-QD/BVNL of April 1, 1996 of
the Minister of Aquatic Resources.
2. Decision No. 211/TS-QD of June 17, 1992 of
the Minister of Aquatic Resources regarding the technical management and safety
inspection of fishing means.
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