Decision No. 757/QD-TTg 2020 Plan on implementation of Agreement on Prevent Unregulated Fishing through 2025

DECISION

Approving the Plan on implementation of the Food and Agriculture Organization of the United Nations Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing through 2025^[1]

THE PRIME MINISTER

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

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to the November 21, 2017 Law on Fisheries;

Pursuant to the Food and Agriculture Organization of the United Nations Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;

Pursuant to the Government’s Resolution No. 89/NQ-CP of July 6, 2018, on admission to the Food and Agriculture Organization of the United Nations Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;

At the proposal of the Minister of Agriculture and Rural Development in Report No. 2964/TTr-BNN-TCTS of April 29, 2020.

DECIDES:

Article 1. To promulgate together with this Decision the Plan on implementation ofthe Food and Agriculture Organization of the United Nations Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing through 2025.

Article 2. This Decision takes effect on the date of its signing.

Article 3. The Minister of Agriculture and Rural Development, other ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decision.

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG

Plan

On implementation of the Food and Agriculture Organization of the United Nations (FAO) Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing through 2025

(Promulgated together with the Prime Minister’s Decision No. 757/QD-TTg
of June 4, 2020)

I. VIEWPOINTS

1. To formulate and effectively implement the Plan on implementation of the FAO Agreement on Port State Measures (PSMA) in line with the Party’s guidelines and policies and the Vietnamese State’s laws and in conformity with international law and treaties to which Vietnam is a contracting party or has acceded.

2. The Plan on implementation of the PSMA includes synchronous and comprehensive activities aiming to effectively and practically prevent, deter, minimize and eliminate illegal, unreported and unregulated (IUU) fishing in combination with sustainable and responsible exploitation of fisheries resources, international integration, raising of Vietnam’s prestige and affirmation of the country’s position on international arena.

3. To efficiently and effectively carry out the Plan on implementation of the PSMA to protect and sustainably develop fisheries resources and aquatic ecosystems; to ensure food security, improve living standards and create sustainable livelihoods for fishermen communities.

II. OBJECTIVES

1. The Plan on implementation of the PSMA lays legal grounds for effectively controlling and deterring IUU fishing activities by fishing vessels and vessels transporting and transshipping aquatic animals and/or products fished in foreign countries entering Vietnam’s ports for the purpose of import, temporary import for re-export, border-gate transfer or transit via Vietnam’s territory of aquatic animals.

2. To perform responsibilities and obligations of member States under the PSMA. To coordinate with other member States and the international community in managing, preventing, deterring, minimizing and eliminating IUU fishing activities in accordance with international and regional regulations, thus contributing to ensuring food security in the world.

3. To manage the exploitation of, protect and sustainably develop fisheries resources and marine ecosystems; to remove “yellow card” warning on aquatic products captured in Vietnam according to recommendations of the European Commission (EC).

III. TASKS

1. Disseminating contents of the PSMA to related organizations and individuals

- To collect, sum up, edit, compile and print documents disseminating and guiding the PSMA, legal frameworks and relevant international and regional legal frameworks and instruments.

- To organize communications programs on the PSMA, legal frameworks and relevant international and regional instruments in the mass media and grassroots information systems.

- To organize refresher training and disseminate to coastal fishermen communities, enterprises and related organizations and individuals regulations on procedures of request for port entry, port entry, use of ports and order and procedures for inspection of vessels in ports, the Agreement on Safety of Fishing Vessels (Cape Town Agreement-CTA 2012); and the living and working conditions of seamen on board vessels prescribed by the International Labor Organization.

2. Organizing training, refresher training and workshops for improving the capacity of port inspectors, inspection officials and port management organizations to implement the PSMA

- To determine training/refresher training needs to improve the capacity of the contingents of port inspectors, inspection officials and port management organizations for them to effectively implement the PSMA, legal frameworks and relevant international and regional legal frameworks and instruments.

- To provide training/refresher training to improve the capacity of the contingent of port inspectors, inspection officials, port management organizations and related organizations and individuals regarding designation of ports, port entry, use of ports, denial of port entry; inspection process and procedures, reporting of inspection results, appraisal of inspection data; notification, reporting and sharing of information and international cooperation; and disputes and settlement of disputes.

- To organize workshops with the participation of concerned parties to exchange and share information and experiences and evaluate the effectiveness and efficiency of the implementation of the PSMA and its impacts on the prevention, determent, minimization and elimination of IUU fishing.

3. Reviewing, designating and publicizing ports designated for foreign vessels’ port entry

To review, designate and publicize the list of designated ports for fishing vessels and vessels transporting and transshipping aquatic animals and products fished in foreign countries to enter Vietnam’s ports for the purpose of import, temporary import for re-export, temporary export for re-import, border-gate transfer or transit via Vietnam’s territory of aquatic animals.

4. Improving Vietnam’s legal frameworks and policies to ensure compliance with the PSMA and related international measures and instruments

- To establish mechanisms for coordination among related ministries, sectors and agencies in organizing the implementation of the PSMA.

- To review, develop and improve legal frameworks and policies to ensure compliance with the PSMA regarding designation of ports, advance request for port entry, port entry, use of ports,force majeurecircumstances; inspection process and procedures, reporting of inspection results, training of inspectors; notification, reporting and sharing of information and international cooperation; and disputes and settlement of disputes.

- To review and improve the process of granting permits for foreign vessels to enter Vietnam’s ports for the purpose of using port services, unloading products, transporting and transshipping fished aquatic animals and products.

- To review and improve the process of inspection and examination of foreign fishing vessels and vessels transporting and transshipping fished aquatic animals and products entering Vietnam’s ports.

- To formulate administrative procedures in import, temporary import for re-export, border-gate transfer and transit via Vietnam’s territory of fished aquatic animals and products on the Vietnam National Single-Window portal.

5. Establishing mechanisms for reporting, surveillance, information exchange and dispute settlement to implement the PSMA

- To review and evaluate the current state of port resources to efficiently and effectively implement the PSMA; and relevant international and regional legal frameworks and instruments.

- To establish mechanisms for reporting, exchange and sharing of information and build software systems for monitoring, control and surveillance from the central to local level to implement the PSMA and measures relating to responsibilities of flag States, coastal states and states participating in international trade.

- To establish mechanisms for cooperation, exchange and sharing of information with countries, international organizations, and regional fisheries management organizations in implementing the PSMA and measures relating to responsibilities of flag States, coastal states and states participating in international trade.

- To efficiently and effectively comply with regulations on inspection of vessels and the order and procedures for inspection at designated ports.

- To settle disputes between Vietnam and countries and territories, and international and regional organizations over the implementation of the PSMA in conformity with relevant international and regional legal frameworks and instruments.

IV. IMPLEMENTATION SOLUTIONS

1. Information and communications

To diversify methods of dissemination about the PSMA in the mass media and grassroots information systems; and conduct education with the focus on dissemination of information to enterprises, ship owners, vessel masters, fishermen and port management organizations so as to raise their awareness and sense of law observance.

To promote education via vocational training and professional and skills training programs for enterprises, ship owners, vessel masters, fishermen and port management organizations so as to raise their awareness and sense of law observance.

To periodically organize training and refresher training and dissemination to improve the capacity and professional qualifications and skills to forces enforcing the PSMA, enterprises, ship owners, vessel masters, fishermen, owners of fishing logistics facilities and port management organizations.

2. Science, technology and international cooperation

To apply information technology, telecommunications and remote sensing serving the implementation of the PSMA by managing agencies, enterprises and related organizations and individuals.

To hold multilateral negotiations to take part in international and regional fisheries forums, including negotiations for accession to international fisheries agreements and admission to international and regional fisheries management organizations.

To organize seminars and fact-finding tours to exchange information and experiences in implementation of the PSMA with a number of regional countries.

To attract international resources to improve the capacity and effectiveness of the implementation of the PSMA and relevant international measures and instruments.

To study and propose projects on technical assistance from FAO, the National Oceanic and Atmospheric Administration (NOAA) and international and regional organizations to ensure the efficient and effective implementation of the PSMA.

3. Mechanisms and policies

To adopt regulations on coordination among functional forces and local administrations at all levels to timely detect and handle violations of regulations concerning port state measures.

To mobilize the participation of ministries, sectors, localities, agencies, the business community, social organizations, mass organizations and coastal residential community in the implementation of the PSMA.

To improve law enforcement capacity at sea and ports of functional forces for them to efficiently and effectively implement the PSMA.

To upgrade infrastructure systems and information systems serving the monitoring, control and surveillance of the implementation of the PSMA.

To review and improve relevant legal frameworks, policies and processes to ensure the efficient and effective implementation of the PSMA.

To establish a network for timely exchanging and sharing information and coordinating in handling issues arising among related parties during the implementation of the PSMA.

4. Finance

Funds for implementation of the PSMA come from the state budget, investment capital of the private sector, foreign capital sources and other sources.

State budget funds for implementation of the PSMA shall be included in annual budget expenditure estimates of ministries, agencies, organizations and localities, socio-economic development plans, medium-term and annual public investment plans, national target programs, and projects in accordance with the Law on the State Budget, the Law on Public Investment and relevant regulations.

The State shall lay legal foundations and adopt mechanisms and policies to mobilize social resources, particularly investment from the private sector, for implementation of the PSMA and action plans of ministries, sectors and local administrations at all levels to raise the capacity and effectiveness and effect of implementation of the PSMA.

To take advantage of developing States’ rights to receive financial and technical assistance under Article 21 of the PSMA and establish an appropriate financial mechanism to effectively implement the PSMA.

V. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Agriculture and Rural Development shall

Assume the prime responsibility for, and coordinate with the Ministry of Transport, related ministries, sectors and agencies, and People’s Committees of coastal provinces and cities in, effectively implementing the PSMA.

Assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, formulating regulations on coordination in organizing the implementation of the PSMA.

Before December 20 every year, send a report on results of implementation of the PSMA to the Prime Minister and concurrently to the Ministry of Foreign Affairs; propose solutions for removing difficulties and obstacles and recommend amendments and supplements to relevant legal frameworks (if any).

Act as the focal point in summing up fund estimates for implementation of the PSMA from ministries, sectors and localities for sending to the Ministry of Finance for the latter to consider and allocate funds from the annual budget sources according to regulations.

2. The Ministry of Transport shall

Coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in organizing the implementation of the PSMA in an effective manner.

Assume the prime responsibility for reviewing, formulating and improving legal frameworks, policies, and regulations on port entry, organization of inspection, authorization for or denial of port entry and use of ports in conformity with the PSMA for implementation at designated ports relating to fisheries activities.

Arrange staffs, working places, means and equipment for competent state agencies to organize the implementation of the PSMA at designated ports for fishing vessels and vessels transporting and transshipping aquatic animals and products fished in foreign countries entering Vietnam’s ports for the purpose of import, temporary import for re-export, border-gate transfer or transit via Vietnam’s territory of fished aquatic animals and products.

Direct affiliated units having related functions to:

- Review and coordinate in publicizing designated ports to which vessels may enter. Comply with regulations concerning advance request for port entry, port entry, use of ports, authorization for or denial of port entry, arrangement of staffs, coordination in conducting inspection at ports according to the PSMA.

- Conduct inspection, deny the entry of vessels into ports or use of ports if detecting that foreign fishing vessels and vessels transporting or transshipping fished aquatic animals entering Vietnam’s ports violate IUU fishing regulations.

3. The Ministry of Finance shall

Coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in organizing the implementation of the PSMA; review, formulate and improve legal frameworks and policies on the implementation of the PSMA; organize the implementation of the PSMA at ports.

Direct the General Department of Vietnam Customs to increase inspection of aquatic products, review, examine and check dossiers relating to activities of fishing vessels and vessels transporting and transshipping aquatic products and products fished in foreign countries entering Vietnam’s ports for the purpose of import, temporary import for re-export, temporary export for re-import, border-gate transfer or transit via Vietnam’s territory of aquatic animals to guarantee customs clearance according to regulations. Deny customs clearance if detecting that the concerned consignment of aquatic products violates the IUU fishing regulations.

Ensure the allocation of sufficient funds to related ministries, sectors, agencies and units to implement the PSMA.

4. The Ministry of National Defense shall

Coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in organizing the implementation of the PSMA.

Direct functional forces to:

- Arrange staffs, equipment and means for joint inspection and examination of foreign vessels engaged in import, temporary import for re-export, temporary export for re-import, border-gate transfer or transit via Vietnam’s territory of fished aquatic animals or products; implement regulations concerning advance request for port entry, port entry, use of ports, authorization for or denial of port entry in accordance with the PSMA.

- Coordinate with the Ministry of Transport and the Ministry of Agriculture and Rural Development in arranging staffs and means and taking professional measures to prevent ports violating the IUU fishing regulations from entering ports or using ports.

- Manage and supervise the use of remote sensing and telecommunications technology in developing and administering the fisheries data system relating to national security and defense.

5. The Ministry of Foreign Affairs shall

Coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in effectively implementing the PSMA.

Assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in, settling disputes between Vietnam and countries and territories, and international and regional organizations over the implementation of the PSMA in conformity with relevant international and regional legal frameworks and instruments.

Coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in exchanging and providing information on Vietnam’s efforts to implement the PSMA to the FAO, the EC and concerned parties.

6. The Ministry of Public Security shall

Coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in organizing the implementation of the PSMA in an effective manner.

Assume the prime responsibility for, and coordinate with the Ministry of National Defense and ministries and functional sectors in, investigating and handling violations concerning the implementation of the PSMA.

Direct functional forces to coordinate with one another in grasping the situation, policies and measures on implementation of the PSMA of countries and territories being member States to the PSMA, advice and report to the Prime Minister for the latter to consider and instruct concerned ministries and sectors to effectively implement the PSMA.

7. The Ministry of Information and Communications shall

Coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in organizing effective implementation of the PSMA.

Coordinate with the Ministry of Agriculture and Rural Development in organizing communications programs to introduce the PSMA, relevant international and regional legal frameworks and instruments, and regulations against IUU fishing in the mass media and grassroots information systems.

8. Related ministries, sectors, societies and associations shall

Based on their assigned functions and tasks, coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in organizing the implementation of the Plan on implementation of the PSMA.

9. People’s Committees of coastal provinces and cities shall

Direct functional agencies to organize the implementation of the PSMA in the localities under their respective management.

Coordinate with the Ministry of Agriculture and Rural Development, ministries, sectors, ministerial-level agencies, government-attached agencies and related agencies in disseminating the PSMA, organizing training and refresher training to improve the capacity of concerned parties serving the implementation of the PSMA; reviewing, developing and improving legal frameworks, policies, and processes concerning the implementation of the PSMA; and organizing the implementation of the PSMA at ports.

10. Specific provisions on organization of implementation, assignment of responsibilities and phasing of major tasks set forth in this Plan are provided in the Appendix to this Plan (not translated).