Decision No. 08/2003/QD-BTS of August 05, 2003, regarding the functions, duties, authorities and organizational structure of the National Directorate of Aquatic Resources Exploitation and Protection (NADAREP)

DECISION

REGARDING THE FUNCTIONS, DUTIES, AUTHORITIES AND ORGANIZATIONAL STRUCTURE OF THE NATIONAL DIRECTORATE OF AQUATIC RESOURCES EXPLOITATION AND PROTECTION (NADAREP)

MINISTER OF FISHERIES

Pursuant to Decree 86/2002/ND-CP dated 5 November 2003 of Government regulating the functions, duties, authorities and organizational structure of Ministries and ministerial-level agencies,
Pursuant to Decree 43/2003/ND-CP dated 2 May 2003 of Government regulating the functions, duties, authorities and organizational structure of Ministry of Fisheries,
Considering the proposals of Director of Organization and Personnel

HAS DECIDES:

Article 1. Position and function

The National Directorate of Aquatic Resources Exploitation and Protection is an organization to assist the Minister in State management of fishing operation and protection of fisheries resources ensuring the sustainability of fisheries resources and development of fishing operation and ensuring the safety of human and fishing vessels and devices.

The National Directorate of Aquatic Resources Exploitation and Protection has its own stamp and account settled in State Treasure and Bank.

The international name: The national directorate of aquatic resources exploitation and protection (NADAREP).

It is located in Ha Noi city.

Article 2. Duties and authorities

NADAREP shall have the following duties and authorities:

1. It shall make proposals and submit to the Minister the draft long-term and annual strategies, masterplan and plans, programs and projects on fishing and protection and development of fisheries resources as well as on the storm control and rescue.

2. It shall propose and submit to the Minister the draft legal normative documents regarding the exploitation, protection and development of fisheries resources as assigned by Minister.

3. It shall carry out the legal normative documents according to its functions and duties designated.

4. It shall monitor and examine the enforcement of legal normative documents, strategies, masterplan, plans, projects and proposals on the revision, insertion or formulation of legal normative documents regarding fishing, protection and development of fisheries resources ensuring the safety of human and fishing vessels and devices.

5. Regarding the exploitation, the Directorate shall do the followings:

a. It shall conduct the State management in the exploitation activities of local and external persons and fishing vessels conducted inland and at seas of Vietnam, the fisheries types, the devices used, the persons concerned and fishing seasons, the closed areas, limited areas. It shall decentralize the management of fishing operation under its jurisdiction as stated by legislation.

b. It shall conduct State management in the granting, withdrawal of licenses and certificate of Vietnamese and foreign persons and fishing vessels operating fishing activities within its jurisdiction as stated by legislation.

6. Regarding the registration and inspection of fishing vessels and devices, the Directorate shall do the followings:

a. It shall manage and make guidance on the registration and inspection of fishing vessels and devices. It shall coordinate with relevant units and departments to conduct the registration and inspection of technical standards of the facilities that strictly require the safety in fisheries sector such as air compression, freezing machines etc.

b. It shall inspect the production conditions as regulated by legislation of the units producing the mechanic facilities for fishing, the shipyards, the repair yards, the installation units that require strictly the safety in the fisheries sector.

7. Regarding the management of fishing ports and fish landing places, it shall conduct State management on the operations of fishing ports, fish landing places, storm-resistant places to ensure the safety of human beings and fishing vessels and devices.

8. Regarding the protection of fisheries resources, it shall:

a. Inspect and examine the implementation of list of species that need protection, list of species that are prohibited to export and import (except for fish fry), the conservation of fish fry, genetic sources, fish biodiversity, the protection of inland areas and marine parks as set out by legislation.

b. Examine and monitor the protection of aquatic habitat of species.

9. Regarding the inspection and examination, it shall inspect, examine, control and coordinate with sectors and levels in the fights against the violations committed to fishing and protection of fisheries resources as stated by legislation.

It shall take actions according to its authorities and shall manage, guide the treatment of violation committed to fisheries legislation as stated by legislation in the assigned aspects.

It shall chair the settlement of dispute in fishing and protection of aquatic resources within its competence.

It shall coordinate with the relevant units in dealing with the foreign vessels which illegally fish in the Vietnamese sea areas.

10. Regarding the storm control and rescue, it shall in charge of storm control and rescue in fisheries sector.

It shall consult to help Ministry coordinate with Ministries, sectors, provincial and city’s People’s Committee under the Central to direct and organize the storm control and rescue work ensuring the safety of human and fishing vessels and devices engaged in fishing and ensuring security at sea.

11. It shall conduct the legal dissemination on fishing and protection of aquatic resources.

12. It shall hold the refresher courses on inspection skills, registration and inspection of fishing vessels for the officers in charge of fishing and protection of aquatic resources system.

13. It shall take part in the research and application of results of projects, standards, process, procedures and advanced technology regarding fishing and protection of aquatic resources in order to enhance the capacity in fishing, protection and development of aquatic resources.

14. It shall conduct the international cooperation in fishing and protection and development of aquatic resources as stated by legislation.

15. It shall undertake services on fishing, protection and development of aquatic resources as stated by legislation.

16. It shall manage and use the personnel, property and finance of the Directorate and subordinate units as stated by legislation.

It shall, in integrated manner, control the expertise, skills and results of organization system within the jurisdiction of the Directorate in localities.

17. It shall undertake other duties as assigned by Minister.

Article 3Organizational structure

The organizational structure shall include:

1. Office of Directorate

2. Division on Protection of aquatic resources and Environment

3. Division on Management of exploitation and fishing ports

4. Division on inspection of fishing vessels and fishing mechanics

5. Standing Office for storm controls, search and rescue

6. National Fisheries protection Inspection

7. Center for technical services of exploitation and protection of aquatic resources

Article 4. Entry into force

This Decision shall be effective 15 days after being posted on the Gazette and it shall replace Decision 187TS/QD dated 27 June 1994 of the Minister of Fisheries regulating the duties, functions, authorities and organizational structure of Fisheries Resources Protection and Environment Department.

Article 5. Executive duties

Director of the Directorate of exploitation and protection of aquatic resources shall be in charge of coordination with other relevant units to set up the Project on the organization of fishing and protection of fisheries resources at the localities, shall set up the rules of organization and operation of the Directorate to present to Minister for decision.

Head of Cabinet, Director of the Directorate of Exploitation and protection of aquatic resources, heads of departments and units under Ministry of Fisheries, directors of Fisheries Departments, Division of Fisheries under Departments of Agriculture and Rural Development shall be in charge of implementation of this Decision.