Decision No. 1047/QD-TTg dated August 17, 2018 of the Prime Minister on approving the Scheme to develop ocean fishing and send fishermen to fish marine products in some foreign waters

DECISION

Approving the Scheme to develop ocean fishing and send fishermen to fish marine products in some foreign waters^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2003 Law on Fisheries;

At the proposal of the Minister of Agriculture and Rural Development,

DECIDES:

Article 1.To approve the Scheme to develop ocean fishing and send fishermen to fish marine products in some foreign waters with the following contents:

1. VIEWPOINTS:

1. The sending of fishing vessels and fishermen to legally fish outside Vietnam’s maritime zones must ensure safety, efficiency and sustainable development and conform with the Party’s line and foreign policies and the State’s law.

2. The sending of fishing vessels and fishermen to fish outside Vietnam’s maritime zones must comply with the laws of Vietnam and related countries and relevant treaties which Vietnam has acceded to or signed.

3. To prevent and stop fishing vessels from poaching foreign waters to fish marine products; to fully implement commitments to combat illegal, unreported and unregulated (IUU) fishing; to promote fisheries cooperation with regional countries and fisheries management organizations around the world.

II. OBJECTIVES

1. Overall objectives

To organize pilot models of cooperation with a number of countries in sending enterprises and fishermen to fish, purchase, preliminarily process, process and sell aquatic products and practice aquaculture so as to draw experiences for expanding various forms of cooperation, gradually develop ocean fishing in international waters to boost economic development and generate jobs for people, minimize and stop Vietnam’s fishing vessels from illegal fishing in foreign waters; to promote integration and development of international cooperation.

2. Specific objectives

a/ From now to 2020

To send on a pilot basis enterprises and fishermen to fish, purchase, preliminarily process, process and sell aquatic products and practice aquaculture in some countries that have signed fisheries cooperation agreements with Vietnam, including Brunei, Papua New Guinea and Micronesia.

b/ In the 2020-2025 period

To expand the model of partnership and cooperation with other countries and international waters with which Vietnam has signed fisheries cooperation agreements.

III. SUBJECTS, SCOPE AND CONDITIONS

1. Subjects

Enterprises - vessel owners - fishermen (below referred to as the chain of partnership) that fish, purchase, preliminarily process, process and sell aquatic products and practice aquaculture.

2. Scope of implementation

a/ From now to 2020

- To organize the pilot model in three provinces of Quang Ngai, Tien Giang and Ba Ria-Vung Tau.

- Countries with cooperation agreements: Brunei, Papua New Guinea and Micronesia.

b/ The 2020-2025 period

- To expand the fishing partnership chain to Binh Dinh, Khanh Hoa, Binh Thuan, Ben Tre, Kien Giang, Ca Mau and some other provinces.

- Countries: regional countries, Pacific island countries and countries that have signed fisheries cooperation agreements with Vietnam.

- Maritime zones under the management of regional fisheries organizations, namely the Western and Central Pacific Fisheries Commission (WCPFC) and the Indian Ocean Tuna Commission (IOTC).

3. Conditions:

- Having a scheme on organization of a fishing partnership chain under the charge of enterprises approved by the provincial-level People’s Committee.

- Possessing a joint venture or partnership contract with a foreign partner or a permit of the host country.

- Fishing vessels involved in fishing marine products outside Vietnam’s maritime zones must satisfy the conditions and requirements prescribed by Vietnam’s law, international law and law of the host country.

- Enterprises, vessel owners and fishermen must comply with the Party’s line and policies, the State’s laws and localities’ regulations.

IV. THE SCHEME’S TASKS

1. Selection of enterprises

- To disseminate fisheries cooperation agreements Vietnam have signed with other countries and the scheme to develop ocean fishing and send fishermen to fish marine products in some foreign waters to enterprises and fishermen.

- To select capable and qualified enterprises to take part in the scheme and comply with this Decision.

2. Instructions and support for enterprises

- To provide enterprises with instructions on this scheme’s contents and necessary procedures, support policies and host countries’ regulations; and information on fishing grounds and resources for enterprises to proactively formulate ocean fishing cooperation schemes and submit them to provincial-level People’s Committees.

- To support enterprises in completing legal procedures of Vietnam and host countries and solving other related problems.

3. Approval of enterprises’ schemes

- The provincial-level People’s Committee shall consider the enterprise’s scheme and send it to the Ministry of Agriculture and Rural Development for opinion.

- After obtaining the Ministry of Agriculture and Rural Development’s opinions, the provincial-level People’s Committee shall appraise and approve the enterprise’s scheme for implementation.

4. Organization of fishing

- After obtaining the provincial-level People’s Committee’s approval, the enterprise owner shall complete the dossier and submit it to the Ministry of Agriculture and Rural Development (the Directorate of Fisheries) for grant of a license to fish outside Vietnam’s maritime zones.

- After obtaining a fishing license, the enterprise shall develop a plan to send fishing vessels and fishermen; inform related agencies of the time of departure, timetable and itinerary of vessels crossing other countries’ waters.

- The Ministry of National Defense (the coast guard force) shall examine entry and exist procedures as prescribed.

- The Ministry of Foreign Affairs shall apply measures to support and protect lawful rights and interests of Vietnamese fishermen, fishing vessels and enterprises during their sailing from Vietnam’s maritime zones to foreign waters and during the fishing cooperation process under regulations.

V. IMPLEMENTATION SOLUTIONS

1. Support policies

a/ Support in fuel expenses

- To provide a one-off support equal to 100% of fuel expenses for 1 trip (one-way trip) for fishing vessels departing from Vietnam’s port to the maritime zones of the countries having fishing cooperation agreements.

- The above support shall be paid after the fishing vessels complete fishing cooperation with other countries and return to Vietnam.

b/ Support for insurance premium payment

- To provide a support equal to 50% of the vessel’s hull insurance premium and 100% of insurance premiums for seamen working on board fishing vessels.

c/ Support in communications equipment

To provide a one-off support equal to 100% of the cost of the satellite-based on board vessel monitoring system (VMS) to monitor vessels’ fishing in foreign waters.

d/ Tax incentives

Enterprises whose fishing vessels legally fish marine products in foreign waters and bring (import) such products into Vietnam with the host countries’ certification of their origin shall be exempted from import duty until 2020 under the Prime Minister’s regulations. Conditions, procedures and dossiers for import duty exemption must comply with the Prime Minister’s regulations. From 2021, the Prime Minister shall consider and decide on specific incentive policies and scope and subjects eligible for import duty exemption based on practical conditions.

2. Funding sources for implementation

a/ Funds for implementation will come from the central budget’s allocations for local budgets to implement the social welfare policies during 2017-2020 under the Prime Minister’s Decision No. 579/QD-TTg of April 28, 2017.

b/ The period of support will last through 2020.

3. International cooperation

- To assist Vietnamese enterprises in seeking and selecting partners for cooperation and working with competent authorities on cooperation on fishing and in other fields on the basis of fisheries cooperation agreements Vietnam has signed with host countries.

- To support in completing legal procedures on sending fishing vessels and fishermen to legally fish outside Vietnam’s maritime zones.

- To notify countries where fishing vessels will cross their maritime zones to the maritime zones of the countries that have cooperation agreements with Vietnam.

- To settle legal disputes and protect citizens.

VI. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Agriculture and Rural Development shall:

- Assume the prime responsibility for, and coordinate with related ministries and localities in, guiding the implementation of the Scheme.

- Form a working team and guide localities to appraise and approve enterprises’ schemes to send fishing vessels and fishermen to fish in foreign waters.

- Set up an information system to examine, supervise, guide and assist enterprises in the course of sending fishing vessels and fishermen to fish marine products in foreign waters.

- Give written opinions on enterprises’ cooperation schemes sent from provincial-level People’s Committees.

- Assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs in, organizing negotiations for signing cooperation agreements with countries, territories and fisheries management organizations worldwide in sending fishing vessels and fishermen to fish according to the Scheme’s objectives.

- Assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, Ministry of Justice and related ministries and sectors in, studying and proposing to the Government the signing of or accession to fishing cooperation treaties and other forms of fisheries cooperation to send fishermen to fish outside Vietnam’s maritime zones.

- Assume the prime responsibility for, and coordinate with related agencies in, mobilizing contributions of fishing enterprises, cooperation groups and cooperatives, professional associations and domestic and foreign organizations and individuals; and concurrently review and determine the state budget funds integrated into other socio-economic development programs, schemes and plans.

- Notify the Ministry of Foreign Affairs of the list of enterprises and fishing vessels to fish outside Vietnam’s maritime zones within fisheries cooperation agreements with other countries.

- Summarize demands for state budget funds, details of expenses for development investment and current expenditure for implementing the Scheme and send them to the Ministry of Finance for consideration and submission to competent authorities for decision.

- Annually report on implementation results to the Prime Minister. Review and evaluate the Scheme’s implementation results by the end of 2020 and propose the continued implemention of the Scheme after 2020.

2. The People’s Committees of provinces and cities benefiting from the Scheme shall:

- Assume the prime responsibility for formulating and approving the schemes of enterprises registering to take part in the fisheries cooperation and send fishing vessels and fishermen to fish in foreign waters.

- Guide and organize the implementation, examine and supervise the implementation of enterprises’ cooperation schemes in their localities.

- Allocate funds for performing the Scheme’s tasks falling within their responsibility under the Law on the State Budget and guiding documents.

- Provide public information on the signed fishing cooperation agreements and create favorable conditions for enterprises to implement such agreements.

- Coordinate with other localities and related ministries and sectors to timely settle difficulties and problems and report on issues falling beyond their competence to the Prime Minister.

3. The Ministry of Finance shall:

- Balance and allocate funds for the Scheme’s implementation under the Law on the State Budget and guiding documents.

- Assume the prime responsibility for and coordinate with the Ministry of Agriculture and Rural Development in, appraising and summarizing current expenditure estimates of the central budget for the Scheme before submitting them to competent authorities for consideration and decision.  The estimation, approval and payment of expenses must comply with the Law on the State Budget and relevant legal documents.

- Guide the payment and implementation of policies under this Decision.

4. The Ministry of Planning and Investment shall coordinate with the Ministry of Agriculture and Rural Development and Ministry of Finance in, appraising and summarizing estimates of central budget funds for the Scheme’s implementation for submission to competent authorities for consideration and decision.

5. The Ministry of Foreign Affairs shall:

- Direct overseas Vietnamese representative missions to protect lawful rights and interests of Vietnamese fishermen, fishing vessels and enterprises in the course of cooperation in case of necessity.

- Coordinate with the Ministry of Agriculture and Rural Development in organizing the negotiation and signing of cooperation agreements with foreign countries where Vietnamese fishing vessels and fishermen will be sent to fish in line with the Scheme’s objectives.

- Coordinate with the Ministry of Agriculture and Rural Development in studying, proposing and signing, accessing to and implementing fisheries cooperation treaties, provide information relating to the promulgation of conventions and treaties of fisheries management in the region and the world.

6. The Ministry of National Defense shall:

- Direct the coast guard force to coordinate with localities in selecting qualified enterprises and vessel owners to take part in the Scheme; strictly examine people and vessels before departure to fish in foreign waters as prescribed.

- Direct competent forces to collaborate with other countries’ forces that have cooperation relations with Vietnam to ensure security and safety for fishing vessels to cross their waters and implement cooperation under this Scheme.

7. The Ministry of Public Security shall:

- Grant passports to fishermen in accordance with law.

- Direct public security units and local public security agencies to grasp security and order issues related to the cooperation in sending fishermen and fishing vessels to fish in foreign waters so as to give advice to local party committees and administrations, guide enterprises how to prevent, detect and handle the illegal sending of fishing vessels and fishermen to fish in foreign waters.

- Coordinate with competent forces in disseminating host countries’ laws to enterprises and fishermen that will fish, practice aquaculture and process seafood under the cooperation agreements with such countries.

- Coordinate with the Ministry of Foreign Affairs in protecting lawful rights and interests of fishermen in the course of fishing outside Vietnam’s maritime zone.

8. The Ministry of Labor, Invalids and Social Affairs shall:

- Provide guidance for and manage guest workers under regulations, protect lawful rights and interests of fishermen fishing in foreign waters under the Scheme.

- Assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, formulating vocational training programs for fishermen to develop ocean fishing.

- Coordinate with ministries and sectors in negotiating and signing agreements with countries and territories on issues related to the sending of Vietnamese workers to work overseas.

9. Related ministries, branches, sectors and associations shall, based on their assigned tasks and functions, coordinate with the Ministry of Agriculture and Rural Development and other related ministries and sectors in, organizing the implementation of this Scheme.

Article 2.Implementation provisions

This Decision takes effect on the date of its signing.

Ministers, heads of ministerial-level agencies and heads of government-attached agencies, chairpersons of People’s Committees of coastal provinces and centrally run cities shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG