Decree No. 33/2010/ND-CP of March 31, 2010, on the management of fishing activities in sea areas by Vietnamese organizations and individuals

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

1. Scope of regulation

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.

Article 3. General principles

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;

b/ The inshore area, which lies between the coastal route and the inshore route:

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;

d/ Vessels netting small fishes and mollusks are not subject to limitation of capacity when operating in the coastal and inshore areas. Provincial-level People's Committees shall provide in detail fishery trades and fishing grounds for the operation of these ships;

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;

b/ To have been registered and technically examined. The technical safety certificate of a fishing vessel must remain valid for at least 3 months;

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;

c/ Crew members on board must possess ordinary passports.

Article 7. Procedures and order to grant related papers for vessels to fish outside sea areas ofVietnam 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:

a/ Permit for a fishing vessel to operate outside sea areas of Vietnam;

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;

d/ After granting these papers, a provincial-level fisheries state management agency shall notify such to the Fisheries Directorate for control and management.

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 seaareas 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;

c/Fishing vessel registration certificate under law. For a fishing vessel which is mortgaged at a bank, a copy of such certificate certified by that bank is required;

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;

b/Related papers granted by coastal countries or territories in which the fishing vessel operates.

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.

Article 11. Responsibilities of concerned ministries and branches

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.

Chapter VI

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.-