THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
33/2010/ND-CP
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Hanoi,
March 31, 2010
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DECREE
ON THE MANAGEMENT OF FISHING ACTIVITIES IN SEA AREAS BY
VIETNAMESE ORGANIZATIONS AND INDIVIDUALS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Fisheries Law;
At the proposal of the Minister of Agriculture and Rural Development (in Report
No. 4382/TTr-BNN-KTBVNLTS of December 31, 2009, and Official Letter No.
716/BC-BNN- TCTS of March 16, 2010),
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.
Scope of regulation and subjects of application
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This Decree provides the
management of fishing activities inside and outside seas areas of Vietnam.
2. Subjects of application
This Decree applies to
Vietnamese organizations and individuals engaged in fishing
Article 2.
Interpretation of terms
1. Coastal route means broken
lines linking points from No. 01 to No. 18. The coordinates of points from No.
01 to No. 18 are determined by longitude and latitude specified in an Appendix
to this Decree (not printed herein).
2. Inshore route means broken
lines linking points from No. 01' to No. 18'. The coordinates of points from No.
01' to No. 18' are determined by longitude and latitude specified in an
Appendix to this Decree (not printed herein).
3. Sea areas of Vietnam means
sea areas under the sovereignty, sovereignty rights and jurisdiction of the
Socialist Republic of Vietnam as defined in the June 17. 2003 Law on National
Borders.
4. Outside seas areas of Vietnam
mean the open sea or sea areas of other countries and territories.
5. Open sea means sea areas
outside the exclusive economic zone of Vietnam and the exclusive economic zones
of other countries or territories.
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1. The Ministry of Agriculture
and Rural Development shall assist the Government in uniformly managing fishing
activities inside and outside sea areas of Vietnam by Vietnamese organizations
and individuals.
2. Management of fishing
activities aims to organize the effective exploitation accompanied with the
protection and development of aquatic-resources; ensure safety for fishermen
and fishing vessels operating in sea areas; and ensure
Vietnamese fishing vessels'
lawful fishing activities inside and outside sea areas of Vietnam.
3. Mapping out routes for
dividing sea areas of Vietnam into fishing areas aims to appropriately allocate
fishing capacity in sea areas, contributing to raising the effectiveness of the
management of fishing activities.
Chapter II
MANAGEMENT OF FISHING
ACTIVITIES IN SEA AREAS OF VIETNAM
Article 4.
Fishing zoning
1. Sea areas of Vietnam are
divided into three fishing areas as follows:
a/ The coastal area, which lies
between the water edge of the coastline and the coastal route;
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c/ The offshore area, which lies
between the inshore route and the outer boundary of the exclusive economic zone
of sea areas of Vietnam.
2. The People's Committees of
two adjacent coastal provinces or centrally run cities (below referred to as
provincial-level People's Committees) shall, based on specific geographical characteristics
of the coastal area to negotiate, determine and announce boundaries of inshore
fishing areas between their provinces or cities.
Article 5.
Management of fishing activities in sea areas of Vietnam
Organizations and individuals
engaged in fishing activities in sea areas of Vietnam shall comply with
relevant laws and the following provisions:
1. Regulations of the Ministry
of Agriculture and Rural Development or provincial-level People's Committees on
lists of aquatic species banned from fishing; fishing methods, trades and gear
banned from use or restricted from use in sea areas or each fishing route;
areas banned from fishing and areas in which fishing is banned in a definite
period; and types and minimum sizes of aquatic species permitted for fishing.
2. Provisions on fishing vessels
operating in fishing areas:
a/ Motor vessels with the total
main engine capacity of 90 HP or higher must operate in the offshore area, not
in the coastal and inshore areas;
b/ Motor vessels with the total
main engine capacity of between 20 HP and under 90 HP must operate in the
inshore and offshore areas, not in the coastal area and the open sea;
c/ Motor vessels with the main
engine capacity of under 20 HP or non-motor vessels must operate in the coastal
area, not in the inshore and offshore areas and the open sea;
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e/ Apart from requirements on
the main engine capacity, fishing vessels must fully meet safety requirements
when operating in each sea area.
3. Fishing vessels of under 20
HP or without an engine may operate only in the coastal area of the province
where it is registered unless the People's Committees of two adjacent coastal
provinces have reached an agreement to allow fishing vessels of one province to
operate in the coastal area of the other.
4. Fishing vessels operating in
the inshore and offshore areas must have signs for identification. The Ministry
of Agriculture and Rural Development shall provide in detail signs for
identification of fishing vessels operating in the inshore and offshore areas.
Chapter
III
MANAGEMENT OF FISHING
ACTIVITIES OUTSIDE SEA AREAS OF VIETNAM
Article 6.
Conditions for fishing outside sea areas of Vietnam
Organizations and individuals
fishing in the open sea or sea areas of other countries and territories must
fully meet the following conditions:
1. For fishing vessels:
a/ To fully meet the criteria on
restricted operation areas of level I or unrestricted operation areas. When
operating in sea areas of a Southeast Asian country, to fully meet the criteria
on restricted operation areas of level II or higher;
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c/ To fully have safety
equipment for crew members and vessels and communication equipment
corresponding to sea areas of operation under law;
d/ To have sufficient crew
members under law.
2. For crew members and people
working on board:
a/ Captains and chief mechanics
must possess a diploma or certificate of captain or chief mechanic granted by a
competent agency;
b/ To have crew member
insurance;
c/ To have crew member
registers.
3. Apart from the requirements
under Clauses 1 and 2 of this Article, fishing vessels or groups of fishing
vessels operating in sea areas of other countries and territories must:
a/ Possess a fisheries
cooperation agreement between the Socialist Republic of Vietnam and the coastal
host country or territory or a fisheries cooperation contract between a
Vietnamese organization or individual and an organization or individual of the
coastal host country or territory, which is approved by a competent agency of
that country or territory;
b/ Have on board a vessel or a
group of vessels at least 1 person proficient in English or a popular language
of the country or territory in which the vessel operates;
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Article 7.
Procedures and order to grant related papers for vessels to fish outside sea
areas of Vietnam and re-grant papers for them to return after fishing
trips
1. To fish in the open sea or
sea areas of another country or territory, an organization or individual shall
submit a dossier to the Fisheries Directorate under the Ministry of Agriculture
and Rural Development. A dossier comprises:
a/ An application for papers for
a fishing vessel to operate in the open sea or sea areas of another country or
territory, which is certified by the provincial-level fisheries state
management agency in which the owner registers the vessel;
b/ A notarized copy of the
fisheries cooperation contract (for a fishing vessel operating in a country or
territory which has not reached a fisheries cooperation agreement with
Vietnam);
c/ Fishing vessel registration
certificate (copy);
d/ Technical safety certificate
of fishing vessel (copy);
e/ List of crew members;
f/ Diplomas of captain and chief
mechanic (copies).
2. Within 7 working days after
receiving a complete and valid dossier, the Fisheries Directorate shall
consider the dossier and grant papers for a fishing vessel to operate outside
sea areas of Vietnam (in Vietnamese and English), including:
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b/ Fishing vessel registration
certificate;
c/ Technical safety certificate
of fishing vessel;
d/ List of crew members.
When refusing to grant the
papers specified in Clause 2 of this Article, the Fisheries Directorate shall
reply to the fishing vessel owner in writing, clearly stating the reason.
3. After granting papers for
fishing vessels to operate outside sea areas of Vietnam, the Fisheries
Directorate shall notify such to localities having those fishing vessels and
the Ministries of National Defense; Public Security; and Foreign Affairs for
coordinated control and management.
4. After operating outside sea
areas of Vietnam, a fishing vessel wishing to resume its fishing activities in
sea areas of Vietnam shall submit a dossier to a provincial-level fisheries
state management agency. A dossier comprises:
a/ An application for the
fishing vessel to return home and obtain related papers to operate in sea areas
of Vietnam;
b/ The papers granted by the
Fisheries Directorate for the vessel to operate outside sea areas of Vietnam;
c/ Within 5 working days after
receiving a valid dossier, the Fisheries Directorate or a provincial-level
fisheries state management agency shall examine the fishing vessel's technical
safety and grant related papers according to its competence for the fishing
vessel to resume its operation under regulations;
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5. The Ministry of Agriculture
and Rural Development shall issue forms of the papers specified at Point a.
Clause 1; Point a. Clause 2; and Point a, Clause 4 of this Article.
Chapter IV
RESPONSIBILITIES OF
ORGANIZATIONS AND INDIVIDUALS ENGAGED IN FISHING ACTIVITIES
Article 8.
Responsibilities of organizations and individuals engaged in fishing activities
in sea areas of Vietnam
1. To fulfill the obligations
under Article 21 of the Fisheries Law.
2. To fully comply with the
Government's Decree No. 66/2005/ND-CP of May 19, 2005, on safety of people and
fishing vessels engaged in fishing activities, and relevant laws.
3. When operating at sea, a
fishing vessel must possess the following papers (original):
a/ Fishing permit, except for
fishing vessels with a tonnage of under 0.5 ton;
b/ Technical safety certificate of
fishing vessel, for vessels to have such certificate under law;
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d/ Crew member directory, crew
member registers under law.
Crew members and persons working
on board who are not required by law to have crew member books must have
personal identification papers.
4. Fishing logbook and fishing
report under the Ministry of Agriculture and Rural Development's regulations.
Article 9.
Responsibilities of organizations and individuals engaged in fishing activities
outside sea areas of Vietnam
1. To fully carry out exit and
entry procedures under Vietnamese law and laws of coastal countries and territories
in which fishing vessels operate.
2. To observe Vietnamese law,
treaties to which the Socialist Republic of Vietnam is a contracting party, and
laws of coastal countries and territories in which fishing vessels operate.
3. Fishing vessel owners shall
buy insurance for crew members and those working on board
4. When operating at sea. the
captain of a fishing vessel shall bring along the following papers (the
originals):
a/ The papers specified in
Clause 2, Article 7 of this Decree;
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5. When a fishing vessel suffers
an accident or encounters a dangerous situation and in need of assistance, the
captain shall send out emergency signals and promptly contact authorities of
the nearest coastal country, and notify such to the Vietnamese diplomatic
mission or consulate for help and to a provincial-level fisheries state
management agency or the Ministry of Agriculture and Rural Development.
Chapter V
RESPONSIBILITIES OF
STATE MANAGEMENT AGENCIES
Article 10.
Responsibilities of the Ministry of Agriculture and Rural Development
1. To assume the prime
responsibility for, and coordinate with concerned ministries and branches and
the People's Committees of coastal provinces in, surveying, exploring and
evaluating aquatic resources and making fishery forecast maps of each sea area;
to elaborate master plans and plans to develop fishing vessels and structure
fishery trades in order to protect and sustainably develop aquatic resources.
2. To assume the prime
responsibility for, and coordinate with concerned ministries and branches and
the People's Committees of coastal provinces in, managing fishing vessels
operating in sea areas: to inspect, examine and handle violations of law; to
coordinate with functional forces in search and rescue of people and vessels
engaged in fishing activities in sea areas of Vietnam and the open sea.
3. To develop a fishing vessel
management information system; to grant permits for fishing vessels to operate
in sea areas according to its competence.
4. To provide training and
refresher training for captains, chief mechanics, crew members and people
working on board in fishery trades and professional qualifications and skills.
5. To guide provincial-level
People's Committees in promulgating mechanisms and policies to assist fishermen
in changing inshore fishing trades and developing leisure fishing; performing
community-based management of coastal areas: and disseminating and propagating
fisheries laws in localities.
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Within the scope of their
responsibilities and powers, concerned ministries and branches shall coordinate
with the Ministry of Agriculture and Rural Development in examining,
controlling and handling violations; ensuring security, order and safety for
fishermen at sea; stop violations of the fisheries law: coordinate with
branches and levels in searching and rescuing people and fishing vessels at sea
and create favorable conditions for fishermen fishing in sea areas; and
coordinate with administrations of coastal localities in monitoring and
managing fishing vessels operating outside sea areas of Vietnam.
Article 12.
Responsibilities of the People's Committees of coastal provinces
1. Based on the development
master plan of the fisheries sector, to elaborate master plans and plans to
develop fishing means, structure fishery trades and protect aquatic resources
within their provinces; to coordinate with the Ministry of Agriculture and
Rural Development in surveying, exploring and evaluating aquatic resources.
2. To manage fishing activities
in the coastal and inshore areas. To decentralize and guide the management of
coastal areas to district- and commune-level People's Committees; to develop
models of community-based management of aquatic resources in coastal areas.
3. To disseminate and educate
the public about the fisheries law.
4. To guide and develop fishing models
organized in groups, teams and production groups in combination with logistic
services to ensure safety at sea; to guide and facilitate fishermen in shifting
from inshore fishing and other trades harmful to aquatic resources to offshore
fishing or aquaculture and other services.
5. To examine and control
fishing activities under their management, to take measures to
protect and develop aquatic
resources within the coastal and inshore areas; to coordinate with the Ministry
of Agriculture and Rural Development and concerned agencies in controlling
fishing activities in the offshore area and outside sea areas of Vietnam.
6. To monthly report to the
Ministry of Agriculture and Rural Development on the registration and
examination of fishing vessels and grant of fishing permits in their provinces
under the Ministry of Agriculture and Rural Development's regulations.
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IMPLEMENTATION PROVISIONS
Article 13.
Effect
This Decree takes effect on June
15, 2010, and replaces the Government's Decree No. 123/ 2006/ND-CP of October
27, 2006. on the management of fishing activities in sea areas by Vietnamese
organizations and individuals.
Article 14.
Guidance and implementation of the Decree
1. The Minister of Agriculture
and Rural Development shall guide and examine the implementation of this
Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of People's Committees of coastal provinces and centrally run
cities shall implement this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung