Decree No. 26/2019/ND-CP detailing the Law on Fisheries

DECREE

Detailing a number of articles of, and measures to implement, the Law on Fisheries^[1]

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

Pursuant to the November 21, 2017 Law on Fisheries;

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

The Government promulgates the Decree detailing a number of articles of, and measures to implement, the Law on Fisheries.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details Clause 10, Article 10; Point b, Clause 3, Article 13; Clause 4, Article 16; Clause 5, Article 21; Point a, Clause 2, Article 23; Article 24; Clause 5, Article 25; Clause 5, Article 27; Clause 4, Article 28; Clause 2, Article 32; Clause 5, Article 34; Clause 6, Article 35; Clause 5, Article 36; Clause 5, Article 38; Clause 3, Article 39; Clause 3, Article 40; Clause 1, Article 48; Point dd, Clause 2, Article 50; Clause 3, Article 51; Clause 2, Article 53; Clause 7, Article 56; Point k, Clause 2, Article 57; Clause 4, Article 64; Clause 4, Article 66; Clause 2, Article 68; Point d, Clause 1, and Point d, Clause 2, Article 78; Clause 4, Article 79; Clause 2, Article 89; Clause 3, Article 94; Clause 7, Article 98; and Clause 3, Article 99, of the Law on Fisheries, and measures to implement the Law on Fisheries.

Article 2.Subjects of application

This Decree applies to Vietnamese and foreign organizations and individuals carrying out or involved in fisheries activities in the inland, on islands or archipelagoes or in the maritime zones of Vietnam; and Vietnamese organizations and individuals carrying out fisheries activities outside the maritime zones of Vietnam.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Intensive aquaculture means aquaculture in which the growth process and output of farmed aquatic species can be controlled and the growth of farmed aquatic species entirely depends on aquatic feed sources.

2. Semi-intensive aquaculture means aquaculture in which part of the growth process and output of farmed aquatic species can be controlled and the growth of farmed aquatic species depends on natural feeds and aquatic feed sources.

3. Coastal fishing route means a polyline created by line segments connected from point 01 to point 18. The coordinates of the points from 01 to 18 shall be determined by the longitudes and attitudes specified in Appendix IV-A to this Decree.

4. Inshore fishing route means a polyline created by line segments connected from point 01’ to point 18’. The coordinates of the points from 01’ to 18’ shall be determined by the longitudes and attitudes specified in Appendix IV-A to this Decree.

5. Fishing vessel monitoring system means a system integrated by devices installed on board fishing vessels which are connected to the fishing vessel monitoring data center to serve the management and tracking of the voyage and operation of the vessels in the maritime zones.

6. Tracking device installed on board a fishing vessel means a terminal device which is used to receive, store and transmit information relating to the vessel’s operation process; and is activated and installed to transmit data to the fishing vessel monitoring data center.

7. Aquatic product transshipment means the transshipment of fished aquatic animals and aquatic products from one vessel to another.

8. Strictly protected zone of a marine protected area means a maritime zone, an island, an archipelago or a coastal zone which is determined to conserve the integrity, keep the original state and monitor natural changes of aquatic animal and plant species and natural ecosystems at sea.

9. Eco-restoration zone of a marine protected area means a maritime zone, an island, an archipelago or a coastal zone which is determined to restore and reproduce aquatic animal and plant species and natural ecosystems at sea.

10. Service-administrative zone of a marine protected area means a maritime zone, an island, an archipelago or a coastal zone which is determined to carry out service and administrative activities and controlled fisheries activities.

11. Buffer zone of a marine protected area means a maritime zone, an island, an archipelago or a coastal zone which surrounds or adjoins the inner boundary of the area, which aims to prevent and mitigate harmful impacts from the outside on the area.

12. Supporting capture vessels include vessels used to explore, search and trap fisheries resources, and vessels used to transport (transship or process) aquatic animals and aquatic products, except container vessels transporting aquatic animals and aquatic products.

13. Illegal fishing means fishing activities which are conducted by Vietnamese or foreign fishing vessels in the maritime zones under the jurisdiction of a state without permission of that state, or in contravention of  its law or regulations, or conducted by fishing vessels flying the flag of a state that has signed an agreement with a relevant regional fisheries management organization but operating in contravention of the conservation and management measures adopted by such organization by which such state is bound, or relevant provisions of the applicable international law, or in violation of national laws or international obligations, including those undertaken by cooperating states to a relevant regional fisheries management organization.

14. Unreported fishing means fishing activities which have not been reported or have been misreported to a competent Vietnamese agency, in contravention of Vietnam’s law and regulations; or fishing activities which are conducted in the area of competence of a relevant regional fisheries management organization which have not been reported or have been misreported, in contravention of the reporting procedures of that organization.

15. Unregulated fishing means fishing activities which are conducted in the area of application of a relevant regional fisheries management organization by vessels without nationality, by those flying the flag of a state not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of such organization, or which are conducted by vessels in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with state responsibilities for the conservation of living marine resources under international law.

Article 4.General provisions on performance of administrative procedures under this Decree

1. Submission of dossiers for performance of administrative procedures: Depending on the conditions for receipt of dossiers and notification of dossier processing results set by agencies in charge of settling administrative procedures, organizations and individuals shall submit a dossier directly or send it by post or online (under the national single-window mechanism, via the online public service system, software, email, or fax):

a/ In case a dossier is directly submitted or sent by post, its components must be the originals or certified copies or copies bearing the seal of the dossier submitter;

b/ In case a dossier is sent online, its components must be those scanned or photocopied from the originals.

2. Number of dossier sets: one.

3. Time limit for issuing a reply on the completeness of a dossier:

a/ For a dossier submitted directly, the agency settling administrative procedures shall check its components and immediately notify whether the dossier is complete to the dossier submitter;

b/ For a dossier sent by post or online, within 2 working days after receiving it, the agency settling administrative procedures shall check its completeness; if finding that the dossier is incomplete, this agency shall notify such to the dossier submitter for completion of the dossier.

4. Method of paying charges and fees for performance of administrative procedures: Organizations and individuals shall pay charges and fees under current regulations right at the agency settling administrative procedures or by account transfer or by using other services.

5. Method of notifying results of performance of administrative procedures: The agency settling administrative procedures shall notify the performance results right at the place where it receives the dossiers or send the results by post or online.

6. In case any other provisions in this Decree are different from those of Clauses 1 thru 5 of this Article, the former shall prevail.

7. Any foreign-language documents shall be accompanied by Vietnamese translations.

8. Organizations and individuals shall take responsibility for the legality of the dossiers they have submitted.

Chapter II

PROTECTION AND DEVELOPMENT OF FISHERIES RESOURCES

Section 1

CO-MANAGEMENT IN FISHERIES RESOURCES PROTECTION

Article 5.Recognition and grant of management rights to community organizations

1. A dossier of request for recognition and grant of management rights to a community organization must comprise:

a/ A written request for recognition and grant of management rights to a community organization, made according to Form No. 01.BT in Appendix I to this Decree;

b/ A plan on protection and exploitation of fisheries resources in the area where co-management is expected to be performed, made according to Form No. 02.BT in Appendix I to this Decree;

c/ The operation regulation of the community organization, made according to Form No. 03.BT in Appendix I to this Decree;

d/ Information about the community organization, made according to Form No. 04.BT in Appendix I to this Decree;

dd/ The original minutes of the meeting of the community organization, made according to Form No. 05.BT in Appendix I to this Decree.

2. Procedures for recognizing and granting management rights to a community organization:

a/ A representative of the community organization shall send a dossier prescribed in Clause 1 of this Article to a competent agency defined in Clause 2, Article 10 of the Law on Fisheries;

b/ Within 3 working days after receiving a complete dossier, the competent agency shall notify the plan on protection and exploitation of fisheries resources in the mass media, and publicly display it at the head offices of the district- and commune-level People’s Committees of the residential area where the co-management is expected to be performed and in such residential area;

c/ Within 60 days from the date of notification prescribed at Point b of this Clause, the competent agency shall appraise the dossier, conduct physical inspection (when necessary), and issue a decision to recognize and grant management rights to the community organization, made according to Form No. 06.BT in Appendix I to this Decree. If refusing to recognize and grant management rights to the community organization, it shall issue a written reply, stating the reason.

3. A dossier of request for recognition and grant of management rights to a community organization shall be appraised in terms of:

a/ Satisfaction of the conditions prescribed in Clause 1, Article 10 of the Law on Fisheries;

b/ Conformity of the plan on protection and exploitation of fisheries resources in the area where the co-management is expected to be performed and of the operation regulation of the community organization which must have been approved by at least two-thirds of its members, with the law on fisheries, relevant laws, and local practical conditions.

4. A dossier of request for modification of a decision to recognize and grant management rights to a community organization must comprise:

a/ A written request for the modification, made according to Form No. 07.BT in Appendix I to this Decree;

b/ Information about the community organization, made according to Form No. 04.BT in Appendix I to this Decree, in case of change of the name of the organization or name of its representative;

c/ A report assessing the implementation of the plan on protection and exploitation of fisheries resources, and assessing the draft new plan of this kind, in case of modification of such plan; change of the location and boundaries of the geographical area assigned for management; or change of the scope of the assigned rights;

d/ A report assessing the implementation of the operation regulation of the community organization and assessing the draft new regulation of this kind, in case of revision of such operation regulation;

dd/ The original minutes of the meeting of the community organization about the contents to be modified, made according to Form No. 05.BT in Appendix I to this Decree.

5. Procedures for revising a decision to recognize and grant management rights to a community organization:

a/ In case of change of the name of a community organization or name of its representative or revision of the operation regulation of a community organization: The organization’s representative shall send a dossier prescribed in Clause 4 of this Article to a competent agency defined in Clause 2, Article 10 of the Law on Fisheries. Within 7 working days after receiving a complete dossier, the competent agency shall consider issuing a revision decision. If refusing to issue such decision, this agency shall reply in writing, stating the reason;

b/ In case of adjustment of the location and boundaries of the geographical area assigned for management; the scope of the assigned rights; or the plan on protection and exploitation of fisheries resources, the procedures for adjustment must comply with Clauses 2, 3 and 4 of this Article;

c/ A decision revising the decision to recognize and grant management rights to a community organization shall be made according to Form No. 08.BT in Appendix I to this Decree.

Article 6.Reporting on operation of community organizations

1. Community organizations shall send reports on their operation to competent agencies defined in Clause 2, Article 10 of the Law on Fisheries and to provincial-level state management agencies in charge of fisheries before November 10 every year or upon request.

2. A report on operation of a community organization must have the following principal contents: name of the community organization; number of its members; results of implementation of the plan on protection and exploitation of fisheries resources; results of implementation of its operation regulation; modifications and changes made in the reporting period; and proposals and recommendations (if any).

Section 2

MANAGEMENT OF ENDANGERED, PRECIOUS AND RARE AQUATIC SPECIES

Article 7.List of and criteria for identifying endangered, precious and rare aquatic species

1. Endangered, precious and rare aquatic species are divided into two groups, including Group I and Group II.

2. To be included in Group I, endangered, precious and rare aquatic species must satisfy the following criteria:

a/ Carrying precious and rare genes that must be conserved or selected for aquaculture, or containing substances or active ingredients with special biological effects for use as raw materials for preparation of medicines or being highly profitable when commercialized, or playing a decisive role in maintaining the balance of other species in the populations of species, or bearing representative or unique characteristics of a given natural geographical area;

b/ Existing with a very small population in the wild or being in very great danger of extinction, which is expressed in the population decline rate of at least 50% as observed or estimated over the last 5 years by the time of assessment; or is predicted to decline at least 50% within the subsequent 5 years.

3. To be included in Group II, endangered, precious and rare aquatic species must satisfy the following criteria:

a/ The criteria prescribed at Point a, Clause 2 of this Article;

b/ Existing with a small population or being in great danger of extinction, which is expressed in the population decline rate of at least 20% as observed or estimated over the last 5 years by the time of assessment; or is predicted to decline at least 20% within the subsequent 5 years.

4. The list of endangered, precious and rare aquatic species is provided in Appendix II to this Decree.

5. The Ministry of Agriculture and Rural Development shall review, assess and submit modifications to the list of endangered, precious and rare aquatic species to the Government.

Article 8.Management and protection of endangered, precious and rare aquatic species

1. The species in Group I may be exploited for conservation, scientific research, research for creation of original breeds, or international cooperation.

2. The species in Group II may be exploited for conservation, scientific research, research for creation of original breeds, or international cooperation, or when satisfying the conditions specified in Part II, Appendix II to this Decree.

3. To exploit endangered, precious and rare aquatic species for conservation, scientific research, research for creation of original breeds, or international cooperation, organizations and individuals shall obtain written approval of the Directorate of Fisheries, and report implementation results to the Directorate of Fisheries.

4. Annually, organizations and individuals conducting research for creation of original breeds or producing breeds of endangered, precious and rare aquatic species shall coordinate with provincial-level state management agencies in charge of fisheries in releasing at least 0.1% of the total produced aquatic animals into natural waters.

5. Endangered, precious and rare aquatic species confiscated as exhibits of administrative violations or exhibits of criminal cases under the criminal law or criminal procedure law shall be disposed of as follows:

a/ Those which remain alive and healthy shall be released into their natural habitats; wounded ones shall be handed over to aquatic species rescue facilities for nurture or treatment before being released into their natural habitats;

b/ Parts of dead aquatic animals or dead aquatic animals shall be handed over to the Vietnam National Museum of Nature or a scientific research body for use as specimens, or for display, research, education purposes, or be destroyed in accordance with Vietnam’s law;

c/ Aquatic animals confirmed as diseased or likely to cause dangerous epidemics shall be promptly destroyed in accordance with the current laws on animal health, and plant protection and quarantine.

6. Procedures for rescuing endangered, precious and rare aquatic species that are wounded or stranded

a/ When detecting endangered, precious and rare aquatic species that are wounded or stranded, organizations and individuals shall notify such to provincial-level state management agencies in charge of fisheries or aquatic species rescue facilities;

b/ Provincial-level state management agencies in charge of fisheries that receive information about endangered, precious and rare aquatic species or are handed such species shall notify such to aquatic species rescue facilities for providing first aid and nurturing such species pending the subsequent handover;

c/ Aquatic species rescue facilities shall receive endangered, precious and rare aquatic species from provincial-level state management agencies in charge of fisheries or from aquatic species exploiters. A handover record shall be made according to Form No. 09.BT in Appendix I to this Decree.

7. Aquatic species rescue facilities shall:

a/ Provide treatment for, nurture, and assess the adaptability of, the rescued aquatic species before releasing them into their natural habitats. In case the rescued aquatic species die during the treatment or nurture, the rescue facilities shall hand them over to the Vietnam National Museum of Nature or a scientific research body for use as specimens. In case the rescued aquatic species are unable to live in their natural habitats, the rescue facilities shall nurture them or hand them to relevant organizations or individuals for nurture to serve research or education purpose;

b/ Report to the Directorate of Fisheries on the results of rescue of endangered, precious and rare aquatic species before November 20 every year or upon request.

8. For dead endangered, precious and rare aquatic species which cannot be stored, preserved or used for research or education purpose, provincial-level state management agencies in charge of fisheries shall coordinate with local administrations in disposing them in conformity with local practices and the laws on animal health and environmental protection.

Article 9.Exploitation of endangered, precious and rare aquatic species

1. A dossier of request for issuance of a written approval of the exploitation of endangered, precious and rare aquatic species must comprise:

a/ A written request for issuance of a written approval of the exploitation of endangered, precious and rare aquatic species, made according to Form No. 10.BT in Appendix I to this Decree;

b/ An exploitation plan, made according to Form No. 11.BT in Appendix I to this Decree;

c/ The original or a certified copy of the signed national agreement on international cooperation on donation or exchange of endangered, precious and rare aquatic species, in case the exploitation is for international cooperation purpose;

d/ A competent state agency’s decision approving the project on scientific research, conservation, or research for creation of original breeds, or an outline of the project, in case the exploitation is for the purpose of conservation, scientific research or research for creation of original breeds;

dd/ The document defining the functions and tasks of the requesting organization, in case of scientific research, conservation or research for creation of original breeds.

2. Procedures for issuance of a written approval of the exploitation of endangered, precious and rare aquatic species:

a/ A requester shall send a dossier prescribed in Clause 1 of this Article to the Directorate of Fisheries;

b/ Within 20 days after receiving a complete dossier, the Directorate of Fisheries shall appraise it; consult the management board of the related marine protected area, in case of exploitation of endangered, precious and rare aquatic species in marine protected areas; and issue a written approval, made according to Form No. 12.BT in Appendix I to this Decree. If refusing to issue a written approval, the Directorate of Fisheries shall issue a written reply clearly stating the reason.

3. A written approval of the exploitation of endangered, precious and rare aquatic species has a validity period corresponding to the period of performance of conservation, scientific research, research for creation of original breeds or international cooperation tasks.

4. The Directorate of Fisheries shall revoke written approvals of the exploitation of endangered, precious and rare aquatic species in case organizations or individuals fail to comply with such approvals or the plan on exploitation of endangered, precious and rare aquatic species.

Section 3

REGULATIONS ON MANAGEMENT OF MARINE PROTECTED AREAS

Article 10.Management of activities in marine protected areas and buffer zones

1. Activities permitted to be carried out in strictly protected zones include:

a/ Floating buoys to mark boundaries of maritime zones;

b/ Conducting surveys and scientific research after obtaining approval of competent state agencies under the supervision by the management boards of marine protected areas;

c/ Carrying out communication and education about the environment, biodiversity conservation, and protection of fisheries resources.

2. Activities permitted to be carried out in eco-restoration zones include:

a/ The activities specified in Clause 1 of this Article;

b/ Restoring and reproducing aquatic animal and plant species and marine ecosystems;

c/ Carrying out eco-tourism activities without causing harms to fisheries resources and marine ecosystems;

d/ Innocent passage of fishing vessels, seagoing ships and other watercraft.

3. Activities permitted to be carried out in service-administrative zones include:

a/ The activities specified in Clause 2 of this Article;

b/ Aquaculture and fishing;

c/ Organizing service and eco-tourism activities;

d/ Building infrastructure facilities serving the operation of the management boards of marine protected areas, and facilities serving eco-tourism and aquaculture.

4. Activities permitted to be carried out in buffer zones include:

a/ The activities specified in Clause 3 of this Article;

b/ Building infrastructure facilities serving socio-economic development.

5. The activities in marine protected areas specified in Clauses 1 thru 4 of this Article must comply with relevant laws and regulations on management of marine protected areas.

Article 11.Rights and responsibilities of management boards of marine protected areas

1. The management board of a marine protected area has the following rights:

a/ To carry out surveys, scientific research and international cooperation on marine conservation within its scope of management;

b/ To cooperate in training, communication and education about the environment, biodiversity conservation, and protection of fisheries resources in its marine protected area;

c/ To collect charges and fees for activities carried out in its marine protected area under regulations;

d/ To coordinate with organizations and individuals in carrying out surveys, scientific research, restoration and reproduction of aquatic animal and plant species and natural marine ecosystems in its marine protected area;

dd/ Its civil servants and public employees on duty may make records of fisheries-related administrative violations committed in its marine protected area, and refer them to competent persons for handling in accordance with law;

e/ To do business and enter into joint venture or cooperation in eco-tourism, convalescence services, scientific research, and restoration and reproduction of aquatic animal and plant species and natural marine ecosystems, and provide other services in its marine protected area in accordance with law;

g/ To give opinions on survey, scientific research, training and education activities and projects related to the marine protected area under its management; to propose competent agencies to suspend survey, scientific research, training and education activities and projects of organizations and individuals which are carried out not according to the approved purposes, contents or plans or which adversely affect its marine protected area.

2. The management board of a marine protected area has the following responsibilities:

a/ To manage and protect its marine protected area under regulations on management of marine protected areas and relevant regulations;

b/ To formulate a master scheme on development of eco-tourism, and convalescence and recreation services in its marine protected area and submit it to a competent authority for approval;

c/ To formulate, and organize the implementation of, annual, 5-year and 10-year plans on management of marine protected areas after they are approved by competent authorities; to develop measures to prevent pollution, prevent and control epidemics, and stop violations in its marine protected area;

d/ To organize research, conservation, protection, reproduction, restoration and development of aquatic animal and plant species and marine ecosystems in its marine protected area; to rescue endangered, precious and rare aquatic species in accordance with law; to monitor and collect information and data and update databases on biodiversity and water environment quality;

dd/ To supervise survey, scientific research, education and training activities and projects carried out in its marine protected area;

e/ To conduct communication and education activities for raising the awareness about protection of fisheries resources and habitats of aquatic species and biodiversity conservation for residents in its marine protected area and surrounding areas;

g/ To arrange, or coordinate with fisheries resources surveillance, coast guard, environment police and border guard forces and local administrations in, or request the provincial-level People’s Committee to assign the fisheries resources surveillance force to conduct patrol, inspection, control, and handling of violations in its marine protected area;

h/ To coordinate with related local administration and organizations and individuals in supporting livelihood activities for people living in its marine protected area and surrounding areas;

i/ To issue guidelines and regulations for vehicles operating and activities carried out in its marine protected area;

k/ To study and propose adjustments to the size of its marine protected area; and the areas and locations of functional zones of the area and buffer zone;

l/ To install and float buoys marking the boundaries of its marine protected area and its functional zones, and install buoys for anchoring tourist ships;

m/ To report on the management of its marine protected area before November 20 every year or upon request to the provincial-level state management agency in charge of fisheries and to the Ministry of Agriculture and Rural Development (through the Directorate of Fisheries).

Article 12.Rights of organizations and individuals carrying out activities related to marine protected areas

1. To participate in communication and education activities for raising public awareness about biodiversity protection and conservation, and restoration and reproduction of aquatic animals and plants and marine ecosystems in marine protected areas.

2. To coordinate with the management boards of marine protected areas in carrying out survey, scientific research, training and education activities; to organize eco-tourism activities in marine protected areas in accordance with this Decree, regulations of the management boards of marine protected areas, and relevant regulations.

3. To enter into joint venture or cooperation with the management boards of marine protected areas in eco-tourism, resort tourism, scientific research, and restoration and reproduction of aquatic animals and plants and marine ecosystems and in carrying out other service activities in the marine protected areas in accordance with law.

4. To conduct aquaculture and fishing in accordance with this Decree, regulations of the management boards of marine protected areas, and relevant regulations.

Article 13.Obligations of organizations and individuals carrying out activities related to marine protected areas

1. Organizations and individuals carrying out survey, scientific research, education and training activities in marine protected areas have the following obligations:

a/ To send plans on survey, scientific research, education and training activities to the management boards of marine protected areas at least 10 days before implementing them;

b/ To carry out survey, scientific research, education and training activities in accordance with law and regulations of the management boards of marine protected areas, and under the guidance and supervision by the management boards of marine protected areas;

c/ To notify the management boards of marine protected areas of the results of survey, scientific research, education and training activities; and locally or internationally published documents (if any);

d/ To pay service charges to the management boards of marine protected areas under regulations, except survey and scientific research activities.

2. Organizations and individuals carrying out eco-tourism service activities related to marine protected areas have the following obligations:

a/ To carry out eco-tourism, convalescence and recreation activities under the approved master scheme on development of eco-tourism, convalescence and recreation activities in marine protected areas;

b/ To observe regulations on management of marine protected areas, and regulations of the management boards of marine protected areas, and submit to the supervision by the management boards of marine protected areas;

c/ To protect biodiversity and the environment; to participate in cleaning the environment and restoring and reproducing aquatic animal and plant species and marine ecosystems in marine protected areas;

d/ To disseminate the laws on environmental protection and biodiversity protection for tourists;

dd/ To pay service charges to the management boards of marine protected areas under regulations.

3. Residential communities, households and individuals living in marine protected areas and surrounding areas have the following obligations:

a/ To observe regulations on management of marine protected areas, regulations of the management boards of marine protected areas, and relevant regulations;

b/ To protect the environment and biodiversity in marine protected areas;

c/ To participate in reproducing and restoring aquatic animal and plant species and marine ecosystems in marine protected areas.

Article 14.Financial sources of marine protected areas

1. State budget funds allocated under law.

2. Revenues from service charges paid by organizations and individuals carrying out activities related to marine protected areas under Point d, Clause 1, and Point dd, Clause 2, Article 13 of this Decree.

3. Financial assistance from organizations and individuals at home and abroad.

4. Other financial sources as prescribed by law.

Article 15.Management and use of financial sources of marine protected areas

1. State budget expenditures for a state-run marine protected area include:

a/ Expenditures for development investment, including investment in the building, upgrading and renovation of infrastructure facilities; procurement of equipment serving the management of the marine protected area; and other investments (if any) related to the area in accordance with law. The management and distribution of development investment expenditures for performance of projects serving the management of the marine protected area must comply with the current law on public investment;

b/ Regular expenditures, including those for the operation of the management board of the marine protected area; and other regular activities related to its management.

2. The estimation, management and use of state budget funds for marine protected areas must comply with the law on the state budget.

3. Service revenues of marine protected areas shall be managed and used under current law.

4. Financial assistance of organizations and individuals at home and abroad shall be managed and used under regulations on use of financial assistance sources and relevant regulations.

5. Other financial sources shall be managed and used under current law.

Section 4

FISHERIES RESOURCES PROTECTION AND DEVELOPMENT FUNDS

Article 16.Functions and tasks of fisheries resources protection and development funds

1. A  fisheries resources protection and development fund has the function to provide financial support for programs, projects and non-project activities in the fields of conservation, protection, reproduction and development of fisheries resources nationwide which are not included in budget plans.

2. Tasks of a fisheries resources protection and development fund:

a/ To mobilize, receive and manage voluntary contributions, financial assistance, donations, and entrusted money of organizations and individuals at home and abroad;

b/ To appraise, and decide to support, inspect, supervise, and test the outcomes of, programs, projects and non-project activities receiving financial support from the fund;

c/ To implement regulations on finance, statistics, accounting and audit under the law on the state budget; to report on the management and use of the fund to competent authorities;

d/ To perform other tasks as prescribed by competent state agencies.

Article 17.Organizational structure of fisheries resources protection and development funds

1. Name of a fisheries resources protection and development fund:

a/ At the central level, it is named Vietnam Fisheries Resources Protection and Development Fund (below referred to as the central fund);

b/ At the provincial level, it is named Fisheries Resources Protection and Development Fund of … (name of province or centrally run city) (below referred to as provincial-level fund).

2. The management and executive apparatus of a fund shall be composed of:

a/ A management council;

b/ A control board;

c/ An executive body.

3. The management council, control board and executive body of a fund shall be regulated in its organization and operation charter issued by the fund-establishing agency.

Article 18.Operation mechanism of fisheries resources protection and development funds

1. A fisheries resources protection and development fund has the legal person status, its own seal and accounts opened at banks and the State Treasury in accordance with law; and shall be organized and operate as a public non-business unit established under a competent state agency’s decision.

2. The central fund has the following responsibilities:

a/ To manage and use financial sources under Article 19 of this Decree;

b/ To guide, inspect and supervise the management and use of its funding sources;

c/ To provide guidelines and share experiences on management and operation of the fund;

d/ To provide financial or technical assistance for provincial-level funds or community funds through programs, projects and non-project activities (if any).

3. A provincial-level fund has the following responsibilities:

a/ To manage and use financial sources under Article 19 of this Decree;

b/ To provide financial or technical assistance for community funds through programs, projects and non-project activities;

c/ To receive, manage and use financial and technical assistance (if any) of the central fund;

d/ To submit to the central fund’s inspection and supervision of financial sources provided by the central fund;

dd/ To report on the management and use of financial sources to the central fund on an annual basis or upon request for summarization and reporting to the Ministry of Agriculture and Rural Development.

Article 19.Management and use of financial sources of fisheries resources protection and development funds

1. Financial sources for forming fisheries resources protection and development funds must comply with Clause 4, Article 21 of the Law on Fisheries.

2. The central fund may cover expenses for the following principal activities:

a/ Popularizing, educating about, and multiplying typical models on protection and development of fisheries resources nationwide;

b/ Restoring ecosystems and reproducing fisheries resources; providing support for job change and sustainable livelihood nationwide;

c/ Implementing programs, projects and non-project activities nationwide as entrusted by organizations and individuals at home and abroad;

d/ Its apparatus operation and professional activities under current regulations;

dd/ Providing financial support for provincial-level funds and community funds.

3. A provincial-level fund may cover expenses for the following principal activities:

a/ The activities specified at Points a, b, c and d, Clause 2 of this Article in the province;

b/ Providing financial support for community funds.

4. Fisheries resources protection and development funds shall provide financial support for local organizations, individuals, households and community organizations that implement programs, projects and non-project activities prescribed in Clause 2 of this Article.

5. Fisheries resources protection and development funds may provide financial support in whole or in part for the implementation of programs, projects or non-project activities specified in Clause 2 of this Article.

6. Appraisal and approval of programs, projects or non-project activities:

a/ Organizations and individuals that seek financial support shall send a written request for support together with the outlines of programs, projects or non-project activities to the executive body of a fund;

b/ The fund’s executive body shall assume the prime responsibility for, and coordinate with competent agencies in, organizing the appraisal of programs, projects or non-project activities, and report them to the fund’s management council for consideration and approval;

c/ After the fund’s management council issues a decision approving financial support for programs, projects or non-project activities, the fund’s director shall notify it to the support beneficiary for implementation.

7. Organizations, individuals, households and community organizations shall implement programs, projects or non-project activities according to the approved decisions and report implementation results to the supporting fund’s executive body.

8. Inspection and assessment of the implementation of programs, projects or non-project activities:

a/ A fund’s executive body shall direct, inspect and assess the implementation of programs, projects or non-project activities receiving the fund’s support on an annual or extraordinary basis;

b/ When necessary, the fund’s executive body may hire consultants to inspect and assess the implementation of programs, projects or non-project activities receiving the fund’s support.

9. Formulation of plans on revenues and expenditures, and annual financial finalization reports:

a/ A fund’s plan on revenues and expenditures shall be approved by the fund’s management council and submitted to the Ministry of Agriculture and Rural Development for approval, for the central fund, or to the provincial-level People’s Committee for approval, for a provincial-level fund;

b/ A fund’s financial finalization report must comply with current regulations.

10. Regulations on accounting, audit, asset management, and financial publicity:

a/ The accounting work must comply with the accounting regime applicable to administrative and non-business units;

b/ The asset management and use must comply with the law on asset management and use, and the law on management and use of public assets;

c/ Reporting and financial publicity must comply with regulations.

Chapter III

AQUACULTURE

Section 1

MANAGEMENT OF AQUATIC BREEDS

Article 20.Conditions on aquatic breed production and nursery facilities

1. Physical foundations and equipment for aquatic breed production and nursery prescribed at Point a, Clause 1, Article 24 of the Law on Fisheries are specified as follows:

a/ The system for treatment of supplied water and wastewater and the system of ponds, pools, cages and pens for fish farming must satisfy the requirements on quality and bio-safety control; storage places of equipment and materials must satisfy the preservation requirements set by producers or suppliers; residential areas must be separated from production and nursery areas;

b/ Equipment must satisfy the requirements on quality and bio-safety control; and equipment used for waste collection and treatment may not adversely affect production and nursery areas.

2. Point c, Clause 1, Article 24 of the Law on Fisheries is specified as follows:

Quality and bio-safety control systems shall be built and applied with the following contents: water for production and nursery; aquatic breeds in the course of production; sanitation, and collection and treatment of wastewater and wastes; destruction of aquatic animals which die or are diseased and subject to destruction; control of aquatic breeds released into the outer environment and harmful animals penetrating into aquatic breed production and nursery facilities; and feeds, drugs, and aquaculture environment treatment products.

Article 21.Grant, re-grant and revocation of certificates of eligibility for aquatic breed production or nursery, and inspection of the maintenance of conditions on aquatic breed production and nursery facilities

1. Competent agencies shall grant, re-grant and revoke certificates of eligibility for aquatic breed production or nursery, and inspect the maintenance of conditions for aquatic breed production and nursery facilities as follows:

a/ The Directorate of Fisheries shall grant, re-grant and revoke certificates of eligibility for aquatic breed production or nursery, for parental aquatic breeds; and inspect the maintenance of the conditions for parental aquatic breed production and nursery facilities;

b/ Provincial-level state management agencies in charge of fisheries shall grant, re-grant and revoke certificates of eligibility for aquatic breed production or nursery; and inspect the maintenance of the conditions for aquatic breed production and nursery facilities in their localities, except the case specified at Point a of this Clause.

2. A dossier of application for a certificate of eligibility for aquatic breed production or nursery must comprise:

a/ An application for a certificate of eligibility for aquatic breed production or nursery, made according to Form No. 01.NT in Appendix III to this Decree;

b/ A description of physical and technical foundations of the aquatic breed production or nursery facility, made according to Form No. 02.NT in Appendix III to this Decree.

3. A dossier of request for re-grant of a certificate of eligibility for aquatic breed production or nursery must comprise:

a/ A written request for re-grant of a certificate of eligibility for aquatic breed production or nursery, made according to Form No. 01.NT in Appendix III to this Decree;

b/ Documents proving the change, in case of change in information of the requester;

c/ The original certificate, unless it is lost.

4. Procedures for grant or re-grant of a certificate of eligibility for aquatic breed production or nursery:

a/ Procedures for grant of a certificate of eligibility for aquatic breed production or nursery: Organizations and individuals shall send a dossier of application for a certificate to a competent agency referred to in Clause 1 of this Article.

Within 10 working days after receiving a complete dossier, the competent agency shall inspect the conditions of the aquatic breed production or nursery facility and make an inspection record according to Form No. 03.NT in Appendix III to this Decree. If failing to satisfy the prescribed conditions, the facility shall remediate the unsatisfactory contents, and send a notice to a competent agency for inspection of the remediated contents. If the facility satisfies the prescribed conditions, within 3 working days after completing the inspection, the competent agency shall grant a certificate, made according to Form No. 04.NT in Appendix III to this Decree. If refusing to grant a certificate, the competent agency shall issue a written reply clearly stating the reason.

b/ Procedures for re-grant of a certificate of eligibility for aquatic breed production or nursery: Organizations and individuals shall send a dossier of request for re-grant of a certificate to a competent agency referred to in Clause 1 of this Article. Within 3 working days after receiving a complete and valid dossier, the competent agency shall re-grant a certificate, made according to Form No. 04.NT in Appendix III to this Decree. If refusing to re-grant a certificate, the competent agency shall issue a written reply clearly stating the reason.

5. Contents of inspection of the maintenance of conditions on an aquatic breed production and nursery facility:

a/ Examination of the dossier of registration for grant or re-grant of a certificate of eligibility for aquatic breed production and nursery;

b/ Physical inspection at the facility under Article 23 and Clause 1, Article 24 of the Law on Fisheries, and Article 20 of this Decree;

c/ Inspection of the performance of the obligations in aquatic breed production or nursery under Clause 2, Article 26 of the Law on Fisheries.

6. The frequency of inspection of the maintenance of conditions of an aquatic breed production and nursery facility is once every 12 months. For a facility that has had its conditions evaluated and been granted a certificate of standard conformity for its system, this frequency is once every 24 months.

7. Upon detecting that a facility commits a violation in one of the cases specified in Clause 4, Article 25 of the Law on Fisheries, the competent agency shall handle its violation and issue a decision on revocation of its certificate of eligibility for aquatic breed production or nursery and notify such in the mass media.

Article 22.Import of aquatic breeds

1. An organization or individual that wishes to import an aquatic breed outside the list of aquatic breeds permitted for trading in Vietnam as prescribed in Appendix VIII to this Decree for scientific research or display at a trade fair or an exhibition shall obtain a permit of the Directorate of Fisheries.

2. A dossier of application for a permit for import of an aquatic breed must comprise:

a/ An application, made according to Form No. 05.NT in Appendix III to this Decree;

b/ A photo or drawing of the aquatic breed registered for import bearing its name in Vietnamese and English (if any) and scientific name;

c/ A research plan approved in accordance with the law on science and technology (for aquatic breeds imported for scientific research);

d/ A document proving that the aquatic breed is displayed at a trade fair or an exhibition; a plan on disposal of imported aquatic animals after the end of such trade fair or exhibition (for aquatic breeds imported for display at trade fairs or exhibitions).

3. Procedures for grant of a permit for import of an aquatic breed:

a/ An organization or individual that wishes to import an aquatic breed under Clause 1 of this Article shall send a dossier to the Directorate of Fisheries;

b/ Within 5 working days after receiving a complete dossier, the Directorate of Fisheries shall examine it and grant a permit to the applicant, made according to Form No. 06.NT in Appendix III to this Decree. In case of refusal to grant a permit, it shall reply in writing, clearly stating the reason;

c/ The Directorate of Fisheries shall supervise or request in writing the provincial-level state management agency in charge of fisheries of the locality where the scientific research of the aquatic breed is carried out or where a trade fair or an exhibition displaying the aquatic breed is organized to supervise the scientific research or display.

4. Upon detecting that an aquatic breed imported into Vietnam is likely to affect the product quality, the environment and biosafety, the Ministry of Agriculture and Rural Development shall consider and decide to inspect the aquatic breed management and production system in the exporting country, specifically as follows:

a/ An inspection team shall be composed of representatives of the Directorate of Fisheries and related units;

b/ Subject to the inspection are the system of legal documents on management of quality, the environment and biosafety related to the aquatic breed and enforcement capacity of the management authority of the exporting country, and conditions for assurance of quality, the environment and biosafety at the facility producing and exporting the aquatic breed to Vietnam;

c/ The Ministry shall publicly notify inspection results and decide on handling measures on a case-by-case basis.

Article 23.Export of aquatic breeds

1. An organization or individual that wishes to export an aquatic breed on the list of aquatic species banned from export or list of aquatic species subject to conditional export but fails to fully satisfy the conditions for scientific research or international cooperation shall comply with Article 69 of this Decree.

2. The list of aquatic species banned from export is provided in Appendix IX, and the list of aquatic species subject to conditional export is provided in Appendix X, to this Decree.

Article 24.Naming of aquatic breeds

1. Every aquatic breed shall be given one name only.

2. An aquatic breed shall not be given a new name if such name:

a/ Is identical to an existing aquatic breed name;

b/ Consists of numerals only;

c/ Violates social ethics;

d/ Is confusable with characteristics and properties of the aquatic breed.

Article 25.Conditions on aquatic breed experiment facilities

Points b and c, Clause 2, Article 28 of the Law on Fisheries are specified as follows:

1. Physical foundations and technical equipment include:

a/ A testing laboratory fully satisfying the prescribed conditions, for monitoring, examination and assessment of criteria stated in experiment schemes;

b/ In case of experiment at the stage of aquatic breed production and nursery, the conditions specified at Point a, Clause 1, Article 24 of the Law on Fisheries and Clause 1, Article 20 of this Decree must be satisfied. In case of experiment at the stage of commercial aquaculture, the conditions specified at Point b, Clause 1, Article 38 of the Law on Fisheries and Article 34 of this Decree must be satisfied.

2. Conditions on biosafety and environmental protection: Experimental aquaculture zones must be separated from aquatic breed production and other commercial aquaculture zones.

Article 26.Aquatic breed experiment contents and procedures

1. The Directorate of Fisheries shall receive and examine dossiers of request for aquatic breed experiment and approve aquatic breed experiment schemes.

2. A dossier of request for aquatic breed experiment must comprise:

a/ A written request for aquatic breed experiment, made according to Form No. 07.NT in Appendix III to this Decree;

b/ An original experiment scheme, made according to Form No. 08.NT in Appendix III to this Decree.

3. Aquatic breed experiment procedures:

a/ An organization or individual that wishes to experiment an aquatic breed shall send a dossier to the Directorate of Fisheries;

b/ Within 10 working days after receiving a complete dossier, the Directorate of Fisheries shall examine it and, if it is valid, inspect the conditions of the experiment facility and make an inspection record according to Form No. 09.NT in Appendix III to this Decree. The Directorate of Fisheries shall approve the experiment scheme and issue a decision permitting the experiment, made according to Form No. 10.NT in Appendix III to this Decree, and at the same time grant an aquatic breed import permit to the organization or individual for the experiment purpose (for imported products). In case the dossier is invalid, the Directorate of Fisheries shall reply in writing, clearly stating the reason;

c/ The Directorate of Fisheries shall send a written request to the provincial-level state management agency in charge of fisheries in the locality where the experiment is carried out to supervise the experiment.

4. Contents of an aquatic breed experiment: Based on biological characteristics of each aquatic species and its use purposes, to formulate an experiment scheme in order to identify distinctness, stability and uniformity in productivity, quality, and disease resistance, and assess adverse impacts of experimented species.

5. Experiment supervision:

a/ Supervision agency: the provincial-level state management agency in charge of fisheries in the locality where the experiment is carried out;

b/ Supervision contents: as specified in the aquatic breed experiment scheme approved by the Directorate of Fisheries;

c/ Within 5 working days after the experiment is completed, the experiment-supervising unit shall send a report on supervision results to the Directorate of Fisheries.

6. Examination of experiment activities: The Directorate of Fisheries shall examine aquatic breed experiment activities according to the approved experiment scheme.

7. Recognition of aquatic breed experiment results:

a/ Within 15 days after receiving a report on aquatic breed experiment results, the Directorate of Fisheries shall evaluate such results and issue a decision recognizing aquatic breed experiment results. In case of refusal to recognize aquatic breed experiment results, it shall reply in writing, clearly stating the reason;

b/ For an aquatic species outside the list of aquatic species permitted for trading in Vietnam, within 10 working days after issuing a decision recognizing aquatic breed experiment results, the Directorate of Fisheries shall propose the Ministry of Agriculture and Rural Development to submit to the Government the addition of such aquatic species to the list of aquatic species permitted for trading in Vietnam.

Section 2

AQUATIC FEEDS AND AQUACULTURE ENVIRONMENT TREATMENT PRODUCTS

Article 27.Conditions on facilities producing aquatic feeds and aquaculture environment treatment products

1. Point c, Clause 1, Article 32 of the Law on Fisheries is specified as follows:

a/ Having workshops with firm structures on dry grounds which are interoperable and one-direction from raw materials to finished products, and with their walls, ceilings, partitions and doors meeting the requirements on quality control and biosafety; having areas for storing equipment, raw materials, supplies and finished products which can prevent cross-contamination and meet the preservation requirements of producers or suppliers;

b/ Having equipment and tools in direct contact with raw materials and finished products meeting the requirements on quality control and biosafety; and equipment for collecting and disposing of wastes unlikely to cause environmental pollution in production areas. In case of a facility producing microorganic biomass for production of bio-products or microorganisms, there must be equipment for creating a favorable environment for, and keeping and culturing, microorganisms.

2. Point d, Clause 1, Article 32 of the Law on Fisheries is specified as follows: Having or renting a testing laboratory capable of inspecting quality in the production process.

3. Point dd, Clause 1, Article 32 of the Law on Fisheries is specified as follows: Developing and applying a quality control and biosafety system for each type of product, including water for production; raw materials, packaging and finished products; production process; recycling; sample storage; inspection and calibration of equipment; pest control; cleaning of workshops and waste collection and disposal.

Article 28.Grant, re-grant and revocation of certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products, and inspection of maintenance of conditions on production facilities

1. The competence to grant, re-grant and revoke certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products is prescribed below:

a/ The Directorate of Fisheries may grant, re-grant and revoke certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products and shall inspect the maintenance of conditions on production facilities for foreign investors and foreign-invested economic organizations;

b/ Provincial-level state management agencies in charge of fisheries may grant, re-grant and revoke certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products and shall inspect the maintenance of conditions on production facilities in their localities, except the production facilities mentioned at Point a of this Clause.

2. A dossier of application for a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products must comprise:

a/ An application for a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products, made according to Form No. 11.NT in Appendix III to this Decree;

b/ A presentation of the conditions of the production facility, made according to Form No. 12.NT in Appendix III to this Decree.

3. A dossier of request for re-grant of a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products must comprise:

a/ A written request for re-grant of a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products, made according to Form No. 11.NT in Appendix III to this Decree;

b/ Documents proving the change, in case of a change in information about the requester in the certificate;

c/ The original certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products, unless it is lost.

4. Procedures for grant or re-grant of a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products:

a/ Procedures for grant of a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products: The production facility shall send a dossier to the competent agency specified in Clause 1 of this Article. Within 10 working days after receiving a complete dossier, the competent agency shall examine it and, if it is valid, inspect the conditions of the production facility and make an inspection record according to Form No. 13.NT in Appendix III to this Decree. In case the facility fails to satisfy the prescribed conditions, it shall address the problem and notify in writing the problem-addressing results to the competent agency for inspection. In case inspection results show that the facility fully satisfies the prescribed conditions, within 3 working days after completing the inspection, the competent agency shall grant a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products, made according to Form No. 14.NT in Appendix III to this Decree. In case of refusal to grant a certificate, it shall reply in writing, clearly stating the reason;

b/ Procedures for re-grant of a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products: The production facility shall send a dossier to the competent agency specified in Clause 1 of this Article. Within 3 working days after receiving a valid dossier, the competent agency shall re-grant a certificate, made according to form No. 14.NT in Appendix III to this Decree. In case of refusal to re-grant the certificate, it shall reply in writing, clearly stating the reason.

5. The inspection of conditions for producing aquatic feeds and aquaculture environment treatment products covers:

a/ Examination of the dossier of application for a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products;

b/ Physical inspection of conditions of the facility at the location where it produces aquatic feeds and aquaculture environment treatment products under Article 27 of this Decree and Article 32 of the Law on Fisheries;

c/ Inspection of the fulfillment of obligations in the production of aquatic feeds and aquaculture environment treatment products under Clause 1, Article 37 of the Law on Fisheries.

6. The frequency of inspection of the maintenance of conditions of a facility producing aquatic feeds and aquaculture environment treatment products is once every 12 months. In case such facility has had its conditions evaluated and been granted a certificate of standard conformity for its system, this frequency is once every 24 months.

7. Upon detecting that a facility commits a violation in one of the cases specified in Clause 4, Article 34 of the Law on Fisheries, the competent agency shall handle the violation, issue a decision on revocation of the certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products, and notify such in the mass media.

8. A facility having a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products, when participating in one, several or all of stages of the production process with applicable standards or regulation conformity declared by another facility, shall:

a/ Produce products in conformity with conditions stated in the certificate; and before carrying out the production, notify it in writing to the Directorate of Fisheries and the concerned provincial-level state management agency in charge of fisheries for supervision and management;

b/ Fulfill the obligations prescribed at Points a and e, Clause 1, Article 37 of the Law on Fisheries; make and keep records of the production and send one copy of each of such records to the standard/regulation conformity-declaring facility for archive to serve origin tracing;

c/ The standard/regulation conformity-declaring facility shall fulfill the obligations prescribed at Points b, d, dd and e, Clause 1, Article 37 of the Law on Fisheries and keep records of the production and product labeling in accordance with the law on labeling.

Article 29.Quality inspection of imported aquatic feeds and aquaculture environment treatment products

1. Inspecting agency: the Ministry of Agriculture and Rural Development or an authorized provincial-level state management agency in charge of fisheries.

2. Contents of and procedures for quality inspection of imported aquatic feeds and aquaculture environment treatment products must comply with the law on product and goods quality.

3. Taking of samples for quality inspection of aquatic feeds and aquaculture environment treatment products shall be carried out according to relevant national standards and technical regulations. In case no national standards and technical regulations on sampling are available, samples shall be randomly taken. Persons taking samples of aquatic feeds and aquaculture environment treatment products shall be trained in sampling skills by the Directorate of Fisheries.

4. Testing of aquatic feeds and aquaculture environment treatment products shall be carried out by testing laboratories designated by the Ministry of Agriculture and Rural Development. In case no testing laboratories are designated to test aquatic feeds and aquaculture environment treatment products, the testing shall be carried out by designated testing laboratories in the fields of food, animal feeds, veterinary drugs, pesticides and fertilizers if such laboratories apply appropriate testing methods. In case no testing methods have been designated or agreed, the Ministry of Agriculture and Rural Development shall decide on applicable testing methods.

Article 30.Import of aquatic feeds and aquaculture environment treatment products

1. To be imported under Clause 2, Article 36 of the Law on Fisheries, aquatic feeds and aquaculture environment treatment products must be permitted by the Directorate of Fisheries.

2. A dossier of registration for import of an aquatic feed or aquaculture environment treatment product must comprise:

a/ An application for import registration, made according to Form No. 15.NT in Appendix III to this Decree;

b/ A written certification of the organization of or participation in a trade fair or an exhibition in Vietnam (for feeds or products imported for display at trade fairs or exhibitions);

c/ A research scheme approved in accordance with the law on science and technology (for feeds or products imported for research).

3. Procedures for grant of a permit for import of an aquatic feed or aquaculture environment treatment product:

a/ An organization or individual that wishes to import an aquatic feed or aquaculture environment treatment product for display at a trade fair or an exhibition or for scientific research shall send a dossier to the Directorate of Fisheries;

b/ Within 5 working days after receiving a valid dossier, the Directorate of Fisheries shall grant an import permit, made according to Form No. 16.NT in Appendix III to this Decree. In case of refusal to grant a permit, it shall reply in writing, clearly stating the reason;

c/ The Directorate of Fisheries shall request in writing the provincial-level state management agency in charge of fisheries to supervise the participation in the trade fair or exhibition or scientific research of the import-registering organization or individual.

4. Organizations and individuals that import live aquatic animals for use as aquatic feeds shall comply with the regulations on import of live aquatic animals.

5. Upon detecting that an aquatic feed or aquaculture environment treatment product imported into Vietnam is likely to affect the product quality, the environment or biosafety, the Ministry of Agriculture and Rural Development shall consider and decide to inspect the aquatic feed or aquaculture environment treatment product management and production system in the exporting country, specifically as follows:

a/ An inspection team is composed of representatives of the Directorate of Fisheries and related units;

b/ Subject to inspection are the system of legal documents on quality management, environment and biosafety of the production of aquatic feeds and aquaculture environment treatment products, and enforcement capacity of the management authority in the exporting country; and conditions for assurance of quality, environment and biosafety at the facility exporting the aquatic feed or aquaculture environment treatment product to Vietnam;

c/ The Ministry shall publicly notify inspection results and decide on handling measures on a case-by-case basis.

Article 31.Conditions on facilities experimenting aquatic feeds and aquaculture environment treatment products

1. Point b, Clause 2, Article 35 of the Law on Fisheries is specified as follows:

a/ Having a testing laboratory capable of analyzing and assessing technical norms according to experiment schemes;

b/ For experiment at the stage of aquatic breed production or nursery, the conditions prescribed at Point a, Clause 1, Article 24 of the Law on Fisheries and Clause 1, Article 20 of this Decree must be satisfied. For experiment at the stage of commercial aquaculture, the conditions prescribed at Point b, Clause 1, Article 38 of the Law on Fisheries and Clauses 1 and 2, Article 34 of this Decree must be satisfied.

2. Point c, Clause 2, Article 35 of the Law on Fisheries is specified as follows: Experimental aquaculture zones must be isolated from breed production and commercial aquaculture zones, not letting experimental products and their packages cause environmental pollution.

Article 32.Order and procedures for experiment of aquatic feeds and aquaculture environment treatment products

1. A dossier of registration for experiment of an aquatic feed or aquaculture environment treatment product must comprise:

a/ An application for registration, made according to Form No. 17.NT in Appendix III to this Decree;

b/ An experiment scheme, made according to Form No. 18.NT in Appendix III to this Decree;

c/ A presentation of conditions of the experimenting facility, made according to Form No. 19.NT in Appendix III to this Decree.

2. Procedures for permitting experiment of an aquatic feed or aquaculture environment treatment product:

a/ An organization or individual registering experiment of an aquatic feed or aquaculture environment treatment product shall send a dossier to the Directorate of Fisheries;

b/ Within 20 days after receiving a complete dossier, the Directorate of Fisheries shall examine it. If the dossier is valid, the Directorate of Fisheries shall inspect conditions of the experimenting facility and make an inspection record according to Form No. 20.NT in Appendix III to this Decree. In case of failure to satisfy the prescribed conditions, the facility shall seek to satisfy the conditions and notify such in writing to the Directorate of Fisheries for inspection. In case the dossier is valid and conditions of the facility are satisfied, the Directorate of Fisheries shall approve the experiment scheme and issue a decision on experiment, made according to Form No. 21.NT in Appendix III to this Decree, and at the same time grant a permit for import of the aquatic feed or aquaculture environment treatment product to the organization or individual for experiment (for imported products). In case the dossier is invalid or conditions are not satisfied, it shall reply in writing, clearly stating the reason for refusal to grant a permit.

3. Inspection of experiment activities: The Directorate of Fisheries shall organize physical inspection at the place where the experiment is carried out at least once during the experiment.

4. Supervision of experiment activities: Provincial-level state management agencies in charge of fisheries shall supervise experiment activities in their localities. Contents of supervision are stated in approved experiment schemes.

5. Recognition of experiment results:

a/ After an experiment is completed, a facility having its aquatic feed or aquaculture environment treatment product experimented shall send a report on experiment results to the Directorate of Fisheries. Within 10 working days after receiving the report, the Directorate of Fisheries shall evaluate experiment results and issue a decision to recognize experiment results, made according to Form No. 22.NT in Appendix III to this Decree. In case of refusal to recognize experiment results, it shall reply in writing, clearly stating the reason;

b/ After recognizing experiment results, the Directorate of Fisheries shall propose the Ministry of Agriculture and Rural Development to add the experimented feed or product to the list of chemicals, bio-products, microorganisms and materials for feed production permitted for use in aquaculture in Vietnam.

Article 33.Contents of experiment of aquatic feeds and aquaculture environment treatment products

1. Contents of experiment of an aquatic feed:

a/ Checking ingredients and quality of the feed according to the declared applicable standards and relevant technical regulations before the experiment is carried out;

b/ Evaluating characteristics and utilities of the feed: evaluating growth and development potential; survival rate through development stages of the experimented object; feed conversion ratio; and other technical norms stated in the product file;

c/ Evaluating safety of the feed to human health, farmed object and the environment during its use: residues of antibiotics and toxic chemicals in the experimented aquatic animals and the environment (specifically stated in the experiment scheme); evaluating changes in environmental norms.

2. Contents of experiment of an aquaculture environment treatment product:

a/ Checking ingredients and quality of the product according to the declared applicable standards and relevant technical regulations before the experiment is carried out;

b/ Evaluating characteristics and utilities of the product through evaluating changes in physical, chemical and biological norms in the aquaculture environment; and other technical norms stated in the product file;

c/ Evaluating safety of the product to human health, farmed object and the environment during its use: residues of ingredients of the product in the environment and animals upon harvest, for products with chemical ingredients; residues of heavy metals in the environment and animals upon harvest; survival rate and growth rate of the farmed objects.

Section 3

AQUACULTURE

Article 34.Conditions on aquaculture facilities

Point b, Clause 1, Article 38 of the Law on Fisheries is specified as follows:

1. Physical foundations of a facility for aquaculture in ponds (marshes/basins) or pools:

a/ Verges of ponds (marshes/basins) or pools must be made of non-polluting and waterproof materials which are nontoxic to farmed aquatic animals; garbage-dumping places must be isolated from places for storing and disposing of dead aquatic animals and from aquaculture areas, causing no impacts on the environment;

b/ In case the aquaculture facility has a place for storing equipment, tools and materials, such place must satisfy preservation requirements of producers and suppliers; if it has residences and toilets, it shall ensure that residential wastewater and garbage do not affect aquaculture areas;

c/ In case the aquaculture facility practices intensive or semi-intensive farming, it must have separate systems for supplied water and wastewater treatment, appropriate waste sludge storage places, direction signs for each place or area, and satisfy the conditions specified at Points a and b of this Clause.

2. Physical foundations of a facility for aquaculture in cages, pens or kiddles (below referred to as cage and pen aquaculture):

a/ Cage frames, buoys, nets and kiddles must be made of non-polluting materials which are nontoxic to farmed aquatic animals and can keep them inside; and be fitted with warning devices for waterway navigation; garbage-dumping places must be isolated from places for storing and disposing of dead aquatic animals, causing no impacts on the environment;

b/ In case the aquaculture facility has a place for storing equipment, tools and materials, such place must satisfy preservation requirements of producers and suppliers; if it has residences and toilets, it shall ensure that residential wastewater and garbage do not affect aquaculture areas.

3. Equipment and tools used in aquaculture must be made of easy-to-clean and non-polluting materials which are nontoxic to farmed aquatic animals.

Article 35.Grant and revocation of certificates of eligibility for aquaculture at the request of organizations and individuals

1. Provincial-level state management agencies in charge of fisheries shall grant or revoke certificates of eligibility for aquaculture at the request of organizations and individuals.

2. A dossier of application for a certificate of eligibility for aquaculture must comprise:

a/ An application for a certificate of eligibility for aquaculture, made according to Form No. 23.NT in Appendix III to this Decree;

b/ A certificate of land use rights or decision on assignment of a marine area or contract on rent of land use rights or marine area for aquaculture;

c/ A diagram of cage and pen positions/plan of aquaculture areas.

3. Procedures for grant of a certificate of eligibility for aquaculture:

a/ A facility that applies for a certificate of eligibility for aquaculture shall send a dossier to the provincial-level state management agency in charge of fisheries;

b/ Within 10 working days after receiving a complete dossier, the provincial-level state management agency in charge of fisheries shall carry out physical inspection at the facility and make an inspection record according to Form No. 24.NT in Appendix III to this Decree; if inspection results are satisfactory, it shall grant a certificate, made according to Form No. 25.NT in Appendix III to this Decree. In case of refusal to grant a certificate, it shall reply in writing, clearly stating the reason.

4. The validity period of a certificate of eligibility for aquaculture is 24 months.

5. Revocation of a certificate of eligibility for aquaculture:

a/ A certificate of eligibility for aquaculture shall be revoked in one of the following cases: It is erased or modified or the facility no longer satisfies the conditions prescribed in Clauses 1 and 2, Article 38 of the Law on Fisheries or commits a violation subject to certificate revocation under law;

b/ Competence to revoke a certificate of eligibility for aquaculture: The agency that has granted such certificate may revoke it;

c/ Upon detecting that a facility commits one of the violations mentioned at Point a of this Clause, the competent agency shall issue a decision to revoke the facility’s certificate of eligibility for aquaculture and notify such in the mass media.

Article 36.Registration of cage and pen aquaculture and main aquatic animals to be farmed

1. Provincial-level state management agencies in charge of fisheries shall receive and examine dossiers for registration of cage and pen aquaculture and main aquatic animals to be farmed, and grant registration certificates.

2. A dossier for registration of cage and pen aquaculture and main aquatic animals to be farmed must comprise:

a/ An application for registration, made according to Form No. 26.NT in Appendix III to this Decree;

b/ A certificate of land use rights, in case of land allocation or lease for aquaculture, or a license for aquaculture within the protection scope of a hydraulic structure or hydropower work, or a decision on assignment of a marine area or a contract on rent of land use rights or marine area for aquaculture;

c/ A diagram of pond/cage positions certified by the facility owner.

3. A dossier for re-registration of cage and pen aquaculture and main aquatic animals to be farmed must comprise:

a/ An application for re-registration, made according to Form No. 27.NT in Appendix III to this Decree;

b/ The original registration certificate (unless it is lost);

c/ In case of change of the facility owner, a document proving the change is required; in case of change of pond area or use purpose, a diagram of pond/cage positions certified by the facility owner is required.

4. Procedures for registration or re-registration of cage and pen aquaculture and main aquatic animals to be farmed:

a/ An aquaculture facility owner shall send a dossier to the provincial-level state management agency in charge of fisheries;

b/ Within 5 working days after receiving a complete dossier, the provincial-level state management agency in charge of fisheries shall examine it and grant a certificate of cage and pen aquaculture and main aquatic animals to be farmed, made according to Form No. 28.NT in Appendix III to this Decree.

5. Cage and pen aquaculture and main aquatic animals to be farmed shall be re-registered in one of the following cases: The registration certificate is lost or torn; or change of the facility owner, aquaculture pond area, farmed aquatic animals, or use purpose.

Article 37.Grant of mariculture licenses to Vietnamese organizations and individuals

1. Competence to grant mariculture licenses:

a/ Provincial-level state management agencies in charge of fisheries may grant mariculture licenses to Vietnamese organizations and individuals in marine areas  under their management which are within 6 nautical miles from the mean low water mark of many years.

b/ The Directorate of Fisheries may grant mariculture licenses to Vietnamese organizations and individuals in marine areas beyond 6 nautical miles, contiguous marine areas between provinces and centrally run cities, and marine areas located both within and beyond 6 nautical miles.

2. A dossier of application for a mariculture license must comprise:

a/ An application for a mariculture license, made according to Form No. 29.NT in Appendix III to this Decree;

b/ A presentation of the mariculture project, made according to Form No. 30.NT in Appendix III to this Decree;

c/ A report on assessment of impacts on the mariculture environment or a written commitment of environmental protection and an environmental protection plan appraised by a competent agency under regulations;

d/ A map of the marine area requested to be assigned, enclosed with corner point coordinates.

3. Procedures for grant of a mariculture license:

a/ An organization or individual shall send a dossier to the competent agency specified in Clause 1 of this Article;

b/ Within 45 days after receiving a complete dossier, the competent agency shall examine it, consult the state management agency in charge of natural resources and environment and related units, and consider granting a mariculture license, made according to Form No. 31.NT in Appendix III to this Decree if the prescribed conditions are satisfied. In case of refusal to grant a license, it shall reply in writing, clearly stating the reason.

4. Re-grant of a mariculture license which is lost or damaged or has its information changed or added:

a/ An organization or individual shall send a written request for re-grant of a mariculture license, made according to Form No. 29.NT in Appendix III to this Decree, to the competent agency specified in Clause 1 of this Article;

b/ Within 15 days after receiving the request, the competent agency shall consider re-granting the license. In case of refusal to re-grant the license, it shall reply in writing, clearly stating the reason.

5. Revocation of a mariculture license:

a/ A mariculture license shall be revoked in one of the following cases: It is erased or modified; or its holder fails to strictly comply with its contents;

b/ Competence to revoke mariculture licenses: The agency that has granted a mariculture license may revoke it.

Article 38. Grant of mariculture licenses to foreign investors and foreign-invested economic organizations

1. The agency competent to grant mariculture licenses to foreign investors and foreign-invested economic organizations is the Ministry of Agriculture and Rural Development.

2. A dossier of application for a mariculture license must comprise the documents specified in Clause 2, Article 37 of this Decree.

3. Procedures for grant of a mariculture license:

a/ An organization or individual wishing to apply for a mariculture license shall send a dossier to the Directorate of Fisheries;

b/ Within 90 days after receiving a complete dossier, the Directorate of Fisheries shall examine it, consult the Ministry of Agriculture and Rural Development, administration of the locality having a marine area, Vietnam Fisheries Society, Vietnam Seaculture Association, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Planning and Investment, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Culture, Sports and Tourism, and Ministry of Transport. In case of necessity, the Directorate of Fisheries shall organize physical inspection and survey at the location where the applicant is expected to carry out mariculture;

c/ Within 5 working days after summing up and assimilating opinions of related ministries, sectors, localities and units, in case all of them agree with the grant of a mariculture license, the Directorate of Fisheries shall advise the Minister of Agriculture and Rural Development on granting a mariculture license, made according to Form No. 31.NT in Appendix III to this Decree. In case at least one opinion disagrees with the grant of a mariculture license to a foreign investor or foreign-invested economic organization, the Ministry of Agriculture and Rural Development shall report such to the Prime Minister for the latter’s directing opinions. Within 7 working days after obtaining the Prime Minister’s opinions, the Directorate of Fisheries shall advise the Minister of Agriculture and Rural Development on granting a mariculture license, made according to Form No. 31.NT in Appendix III to this Decree. In case of refusal to grant a mariculture license, the Directorate of Fisheries shall reply in writing, clearly stating the reason.

4. Re-grant of a mariculture license which is lost or damaged or has its information changed or added:

a/ An organization or individual shall send a written request for re-grant of a mariculture license, made according to Form No. 29.NT in Appendix III to this Decree, to the Directorate of Fisheries;

b/ Within 20 days after receiving the request, the Directorate of Fisheries shall consider it and advise the Minister of Agriculture and Rural Development on re-granting the license. In case of refusal to re-grant the license, it shall reply in writing, clearly stating the reason.

5. Revocation of a mariculture license:

a/ A mariculture license shall be revoked in one of the following cases: It is erased or modified; or its holder fails to strictly comply with its contents;

b/ Competent to revoke mariculture licenses is the Minister of Agriculture and Rural Development;

c/ Upon detecting that a facility commits a violation specified at Point a of this Clause, the Minister of Agriculture and Rural Development shall issue a decision to revoke the facility’s mariculture license and notify the revocation in the mass media.

Article 39.Certification of origin of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, precious and rare aquatic species which are farmed

1. A dossier of request for origin certification must comprise:

a/ A written request for registration for origin certification, made according to Form 32.NT in Appendix III to this Decree;

b/ A written certification of origin of animal species in an Appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or an endangered, precious and race aquatic species which is fished from the wild in case of use of a wild individual aquatic animal for growing, breeding or artificial propagation;

c/ A document proving that the individual aquatic animal has been confiscated in accordance with law in case of use of such animal for growing, breeding or artificial propagation;

d/ A document on import of specimens in case of use of an imported specimen for growing, breeding or artificial propagation;

dd/ A book for monitoring the growing, breeding or artificial propagation process for endangered, precious and rare aquatic species, made according to Form No. 33.NT in Appendix III to this Decree. For aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the regulations on management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

2. Procedures for registration for origin certification of an aquatic species:

a/ An organization or individual shall send a dossier to the provincial-level state management agency in charge of fisheries;

b/ Within 7 working days after receiving a complete and valid dossier, the provincial-level state management agency in charge of fisheries shall carry out a physical inspection at the facility growing, breeding or artificially propagating the aquatic species (if necessary) and grant a certificate of origin, made according to Form No. 34.NT in Appendix III to this Decree. In case of refusal to grant a certificate, it shall reply in writing, clearly stating the reason.

Article 40.Certification of origin of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, precious and rare aquatic species which are fished from the wild

1. Provincial-level state management agencies in charge of fisheries shall certify origin of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, precious and rare aquatic species which are fished from the wild.

2. A dossier of request for origin certification must comprise:

a/ A written request for registration for origin certification, made according to Form 32.NT in Appendix III to this Decree;

b/ A certificate of fishing vessel registration, in case of use of fishing vessels for exploitation of aquatic animals;

c/ A written approval of exploitation of an endangered, precious and rare aquatic species;

d/ A fishing vessel charter party, in case the organization or individual other than the vessel owner obtaining a written approval of exploitation of an endangered, precious and rare aquatic species uses a chartered fishing vessel for exploitation;

dd/ A fishing report or log.

3. Procedures for origin certification:

a/ An organization or individual shall send a dossier prescribed in Clause 2 of this Article to the provincial-level state management agency in charge of fisheries;

b/ Within 3 working days after receiving a valid dossier, the provincial-level state management agency in charge of fisheries shall examine it and grant a certificate of origin. In case of refusal to grant a certificate of origin, it shall reply in writing, clearly stating the reason.

4. Procedures for certification of specimens of endangered, precious and rare aquatic species which are fished from the wild before the fishing ban takes effect:

a/ A dossier of request for origin certification must comprise: A written request for registration for origin certification, made according to Form No. 32.NT in Appendix III to this Decree; a document proving the origin of specimens fished from the wild as certified by the fishing port management organization or commune-level People’s Committee or provincial-level state management agency in charge of fisheries at the time of fishing; a purchase and sale or donation contract notarized at the time of purchase and sale or donation in case the requester is not the exploiter;

b/ Certification procedures: The requester shall send a dossier prescribed at Point a of this Clause to the provincial-level state management agency in charge of fisheries. Within 7 working days after receiving a complete and valid dossier, the provincial-level state management agency in charge of fisheries shall examine and verify the dossier and grant a certificate of origin, made according to Form No. 35.NT in Appendix III to this Decree. In case of refusal to grant a certificate of origin, it shall reply in writing, clearly stating the reason.

Article 41.Conditions on facilities growing, breeding or artificially propagating aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, precious and rare aquatic species, and procedures for certification of their eligibility

1. A facility growing, breeding or artificially propagating aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora must satisfy the following conditions:

a/ The conditions prescribed in the Decree on management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

b/ The conditions prescribed in Article 38 of the Law on Fisheries and Article 34 of this Decree.

2. A facility growing, breeding or artificially propagating endangered, precious and rare aquatic species other than those mentioned in Clause 1 of this Article must fully satisfy the conditions prescribed in Article 38 of the Law on Fisheries and Article 34 of this Decree.

3. Competence, order and procedures for certification of facilities eligible for breeding, growing or artificial propagation of endangered, precious and rare aquatic species:

a/ To comply with the law on management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, for aquatic species listed in the Appendices to this Convention;

b/ To comply with Article 35 of this Decree, for endangered, precious and rare aquatic species not listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora,

Chapter IV

FISHING

Section 1

MANAGEMENT OF VIETNAMESE ORGANIZATIONS AND INDIVIDUALS PRACTICING FISHING IN MARITIME ZONES

Article 42.Zoning of fishing areas

Clause 1, Article 48 of the Law on Fisheries is prescribed in detail as follows:

1. The maritime zones of Vietnam shall be categorized into 3 types of fishing areas below:

a/ Coastal area, which is delimited by the water edge along the coast and coastal fishing area. For an island, coastal area is a maritime zone delimited by the mean tidemark in many years in an area of 6 nautical miles from the coastline of such island;

b/ Inshore area, which is delimited by the coastal fishing area and inshore fishing area;

c/ Offshore area, which is delimited by the inshore fishing area and the outer boundary of the exclusive economic zone of the maritime zones of Vietnam.

2. People’s Committees of two adjacent coastal provinces or cities shall, based on geographical characteristics of the coastal area, reach an agreement on determining the boundary of the coastal fishing area between the two provinces, and announce such boundary.

Article 43.Management of operation of fishing vessels in the maritime zones of Vietnam

1. For capture vessels:

a/ Vessels with the maximum length of 15 meters or more may operate in offshore areas but may not operate in coastal areas and inshore areas;

b/ Vessels with the maximum length of between 12 meters and under 15 meters may operate in inshore areas but may not operate in offshore areas and coastal areas;

c/ Vessels with the maximum length of under 12 meters may operate in coastal areas but may not operate in inshore areas and offshore areas.  A vessel shall operate in the coastal area of the province where it is registered, unless it is agreed by People’s Committees of two adjacent provinces on operation of fishing vessels in the coastal area.

2. For supporting capture vessels:

a/ Vessels with the maximum length of 15 meters or more may operate in coastal areas, offshore areas and inshore areas;

b/ Vessels with the maximum length of between 12 meters and under 15 meters may operate in coastal areas and inshore areas but may not operate in offshore areas;

c/ Vessels with the maximum length of under 12 meters may operate in coastal areas but may not operate in inshore areas and offshore areas.

3. Regulations on flag flying:

a/ Vietnamese fishing vessels must fly the national flag of the Socialist Republic of Vietnam (below referred to as the national flag) at the top of the mizzenmast; or at the top of the main mast, for vessels without mizzenmast;

b/ Vietnamese organizations or individuals chartering foreign fishing vessels shall fly the  Vietnamese flag under Point a of this Clause.

Article 44.Regulations on management of fishing vessel monitoring systems

1. Requirements for a tracking device installed on board a fishing vessel:

a/ To be connected and synchronized with the fishing vessel monitoring system’s software installed at the central-level fishing vessel monitoring data center and fishing vessel monitoring data centers in 28 coastal provinces and cities;

b/ To automatically transmit via the satellite information system in no less than 12 positions per day with a frequency of every 2 hours the following information: position of the vessel (longitude and latitude) and time (minute/hour/day/month/year) for the device installed on board a fishing vessel with the maximum length of 24 meters or more; and information warning the vessel master of the case in which the vessel crosses the permissible maritime boundary.

To automatically transmit via the satellite information system, Global System for Mobile Communications (GSM), or ground wave communications system with MF, HF or VHF frequency bands in no less than 8 positions per day with a frequency of every 3 hours the following information: position of the vessel (longitude and latitude) and time (minute/hour/day/month/year) for the device installed on board a fishing vessel of the maximum length of between 15 meters and under 24 meters; and information warning the vessel master of the case in which the vessel crosses the permissible maritime boundary;

c/ The coordinate of the position of a fishing vessel as received from the Global Positioning System (GPS) and shown on the vessel tracking device is eligible for an allowable error not exceeding 500 meters with the reliability of 99%;

d/ Each device must have its own identity code;

dd/ To ensure normal operation at sea according to the relevant national standard or national technical regulation of Vietnam.

2. Features of the fishing vessel monitoring system’s software installed at the fishing vessel monitoring data center:

a/ The software installed at the fishing vessel monitoring data center must be compatible with Microsoft Windows, Android and IOS operating systems with a visual interface in Vietnamese. The software must be able to manage all information on fishing vessels installed with tracking devices; provide information to state management agencies at central and local levels for inspection and monitoring of operation of fishing vessels; and manage fishing logbooks in order to combat illegal fishing;

b/ The software interface must display the position of a vessel, time, speed, travel direction, alarm signals, the latest data update, weather information and operation status of the tracking device, and send such information to the tracking device;

c/ The software must have the functions to access, search, make tabulation, report and compile statistics of data in accordance with the Ministry of Agriculture and Rural Development’s regulations on provision, management and use of data from vessel monitoring devices, and be able to create a vessel management zone and send automatic alerts when the vessel enters or leaves such zone;

d/ The software must be able to connect and transmit information to the data center of the vessel tracking device supplier; and grant use rights to organizations and individuals entitled to use vessel monitoring data;

dd/ The electronic maps used in the software which are provided by Vietnam’s competent agencies must clearly show Vietnam’s exclusive economic zones, islands and archipelagoes under Vietnam’s sovereignty, marine areas where fishing is prohibited, and fishing ports.

3. Management and use of vessel monitoring information and data:

a/ The Directorate of Fisheries shall perform the unified management of the fishing vessel monitoring system and fishing vessel monitoring data nationwide, administer such system and decentralize powers to localities to use and process vessel monitoring data, for fishing vessels with the maximum length of 24 meters or more;

b/ The Departments of Agriculture and Rural Development of coastal provinces and cities shall manage, exploit and use fishing vessel monitoring data of such provinces and cities and process vessel monitoring data, for fishing vessels with the maximum length of between 15 meters and under 24 meters;

c/ Organizations managing fishing vessels at fishing ports designated and announced by the Ministry of Agriculture and Rural Development may exploit and use fishing vessel monitoring data from the fishing vessel monitoring system as decentralized;

d/ Vessel monitoring device suppliers shall update and manage information about vessels, vessel owners and vessel monitoring devices, and automatically transmit such information to the central-level fishing vessel monitoring data center and fishing vessel monitoring data centers in 28 coastal provinces and cities, and deal with incidents concerning signals of monitoring devices they have supplied. After installing devices on board a fishing vessel, the device supplier shall notify such to the Directorate of Fisheries and the provincial-level Department of Agriculture and Rural Development concerned for inspection of the installation. Quarterly, biannual, annual or extraordinary reports shall be made at the request of the Directorate of Fisheries or provincial-level Departments of Agriculture and Rural Development. Before supplying vessel tracking devices, the supplier shall report such and send specimens of lead seals to the Directorate of Fisheries;

dd/ A vessel owner shall make a declaration of information about the installation of a vessel tracking device according to Form No. 01.KT in Appendix IV to this Decree and send it to the device supplier for updating information in the database; pay expenses for purchase, installation, maintenance and other services to the device supplier; and be provided with information about monitoring of its/his/her fishing vessel’s voyage from the fishing vessel monitoring data center as requested.

The vessel owner shall install the tracking device in a position that can ensure the device’s best operation, together with installation and use instructions. The use instructions must contain at least the following information: telephone number for around-the-clock support, and address of the device supplier); the device must enable the vessel master to control operation of the device directly or through accessories. The tracking device supplier shall fix a lead seal on the device on board the vessel upon installation or after repair;

e/ Roadmap for installation of vessel tracking devices: Before July 1, 2019, for fishing vessels with the maximum length of 24 meters or more; before January 1, 2020, for trawling and tuna fishing vessels with the maximum length of between 15 meters and under 24 meters; or before April 1, 2020, for fishing vessels with the maximum length of between 15 meters and under 24 meters;

g/ The vessel master shall ensure that the tracking device operates around the clock from the time the vessel leaves a port until it enters the port. In case the tracking device is broken down, the vessel master shall use another information and communication device and report the position of the vessel to the central-level fishing vessel monitoring data center and fishing vessel monitoring data centers in 28 coastal provinces and cities with a frequency of every 6 hours and take the vessel to the port for repair within 10 days after the date the device is broken down;

h/ Foreign fishing vessels conducting fisheries activities in the maritime zones of Vietnam shall be installed with tracking devices in accordance with technical requirements and regulations on management and use of fishing vessel monitoring system and data specified in this Article;

i/ Vessel tracking data shall be used as a legal ground for managing operation of fishing vessels, sanctioning administrative violations, handling fisheries disputes, and giving confirmation or certification of origin of fished products.

4. Data security:

a/ Data stored in the server of the tracking device supplier must refrain from being deleted or changed throughout their storage period under regulations;

b/ Data transmitted between the vessel tracking device and server of the device supplier shall be encoded to ensure information security during the transmission; data from the server of a fishing vessel monitoring data center shall be encoded under regulations when being transmitted to other specialized agencies;

c/ Fishing vessel monitoring data shall be stored in the servers of the fishing vessel monitoring data center and device supplier for at least 36 months. Data storage and processing servers of device suppliers shall be located in Vietnam;

d/ The device supplier shall secure data and provide accurate data, and may not provide fishing vessel monitoring data to other organizations and individuals before obtaining approval of the Directorate of Fisheries.

Article 45.Grant, re-grant and revocation of fishing licenses

1. A dossier of application for a fishing license must comprise:

a/ An application for a fishing license, made according to Form No. 02.KT in Appendix IV to this Decree;

b/ Copies of the fishing vessel registration certificate and fishing vessel safety certificate, for vessels subject to technical supervision and certification under regulations;

c/ Copies of diplomas or certificates of the vessel master and chief engineer, for fishing vessels whose masters and chief engineers are required to possess such diplomas and certificates under regulations.

2. A dossier of request for re-grant of a fishing license must comprise:

a/ A written request for re-grant of a fishing license, made according to  Form No. 03.KT in Appendix IV to this Decree;

b/ The original fishing license, for the case of change of information stated in the license.

3. Procedures for grant or re-grant of a fishing license:

a/ The applicant or requester shall submit a dossier to a provincial-level state management agency in charge of fisheries;

b/ Within 6 working days (for grant of a license), or 3 working days (for re-grant of a license), after receiving a complete dossier, the competent agency shall grant or re-grant a fishing license, made according to Form No. 04.KT in Appendix IV to this Decree;

c/ In case of refusing to grant or re-grant a license, the competent agency shall reply in writing, stating the reason.

4. The validity period of a fishing license must equal the remaining validity period of the announced fishing license quota.

5. Revocation of fishing licenses:

a/ The agency competent to grant a fishing license may revoke it;

b/ When detecting that any of the conditions specified in Clause 2, Article 50 of the Law on Fisheries is no longer satisfied, the competent agency shall issue a decision on revocation of the fishing license and notify such in the mass media.

Article 46.Conditions for fishing vesselspracticing fishing outside the maritime zones of Vietnam

A fishing vesselpracticing fishing outside the maritime zones of Vietnam must satisfy the following conditions:

1. Having the maximum length of 15 meters or more and refraining from conducting illegal fishing.

2. Having International Maritime Organization (IMO) number.

3. Having observers in accordance with regulations of a regional fisheries management organization or coastal country.

4. Seamen and workers on board the vessel must possess certificates of completion of training in management of fisheries in international maritime zones, for the grant of licenses for fishing in maritime zones under the management of regional fisheries management organizations.

5. Being equipped or installed with communication and marine devices, including VHF radiotelephone transceivers with digital selective calling (DSC) function on channel 70 or 16; MF/HF radiotelephone transceivers; navigational telex (NAVTEX) receivers, emergency position-indicating radiobeacons (EPIRB), and GPS devices.

6. Having a tracking device capable of automatically transmitting information via the satellite communications system.

Article 47.Grant of approvals for fishing vessels to operate outside the maritime zones of Vietnam or grant of licenses for fishing vessels to practice fishing in the maritime zones under the management of regional fisheries management organizations

1. A dossier of request for grant of an approval to a fishing vessel must comprise:

a/ A request for grant of an approval to a fishing vessel, made according to Form No. 05.KT  in Appendix IV to this Decree, or an application for a license, made according to Form No. 06.KT in Appendix IV to this Decree;

b/ A certified copy and Vietnamese translation of the contract for fishing in the maritime zones of another country or territory, approved by a competent authority of such country or territory, in case of grant of an approval;

c/ A copy of the fishing vessel registration certificate;

d/ A copy of the fishing vessel safety certificate;

dd/ List, photos and passport numbers of seamen and workers on board the vessel;

e/ Copies of diplomas or certificates of the vessel master and chief engineer;

g/ Certificates of completion of training in management of fisheries in international maritime zones, for the grant of licenses for fishing in the maritime zones under the management of regional fisheries management organizations.

2. Procedures:

The requester for grant of an approval for fishing vessels to practice fishing outside the maritime zones of Vietnam shall send a dossier to the Directorate of Fisheries. Within 10 working days after receiving a complete dossier under regulations, in case of refusing to grant an approval or a license, the Directorate of Fisheries shall reply in writing, stating the reason. For a valid dossier, the Directorate of Fisheries shall consider and grant:

a/ An approval, made according to Form No. 07.KT in Appendix IV to this Decree, or a license, made according to Form No. 08.KT in Appendix IV to this Decree;

b/ A list of seamen and workers on board the vessel, made according to Form No. 09.KT in Appendix IV to this Decree.

3. Within 2 working days after granting an approval or a license, the Directorate of Fisheries shall send a notice, made according to Form No. 10.KT in Appendix IV to this Decree, to the provincial-level People’s Committee of the locality that has the fishing vessel operating in the maritime zones of Vietnam, and to the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs for coordinated monitoring and management.

4. When receiving the approval or license and relevant documents, the requester/applicant shall submit the original license for fishing in the maritime zones of Vietnam to the Directorate of Fisheries.

5. An organization or individual wishing to receive back the fishing license shall send a request to the Directorate of Fisheries. Within 2 working days after receiving the request, the Directorate of Fisheries shall return the fishing license to such organization or individual.

Section 2

MANAGEMENT OF FOREIGN VESSELS CONDUCTING FISHERIES ACTIVITIES IN THE MARITIME ZONES OF VIETNAM

Article 48.Grant, extension, re-grant and revocation of licenses for foreign organizations and individuals with vessels engaged in fisheries activities in the maritime zones of Vietnam

1. A dossier of application for a license must comprise:

a/ An application for a license, made according to Form No. 11.KT in Appendix IV to this Decree;

b/ Certified copies of the documents specified in Article 55 of the Law on Fisheries;

c/ A list of seamen and workers on board the vessel, made according to Form No. 12.KT in Appendix IV to this Decree.

2. A dossier of request for re-grant of a license must comprise:

a/ A request for re-grant of a license, made according to Form No. 13.KT in Appendix IV to this Decree;

b/ The old license (in case it is torn or rumpled);

c/ A report on changes of the fishing vessel or fishing activities (if any).

3. A dossier of request for extension of a license must comprise:

a/ A request for extension of a license, made according to Form No. 14.KT in Appendix IV to this Decree;

b/ The fishing vessel safety certificate;

c/ A report on operation of the fishing vessel during the validity period of the license;

d/ A fishing logbook (for capture vessels).

4. Procedures:

a/ The applicant for/requester for re-grant, or extension of, a license for fisheries activities in the maritime zones of Vietnam shall send a dossier to the Directorate of Fisheries;

b/ Within 10 working days (in case of grant of a license), or 7 working days (in case of re-grant of a license), after receiving a complete and valid dossier, the Directorate of Fisheries shall grant or re-grant a license for fisheries activities of the foreign vessel in the maritime zones of Vietnam, made according to Form No. 15.KT in Appendix IV to this Decree;

c/ Within 6 working days after receiving a complete and valid dossier, the Directorate of Fisheries shall extend a license for fisheries activities of the foreign vessel in the maritime zones of Vietnam, made according to Form No. 16.KT in Appendix IV to this Decree;

d/ In case of refusing to grant, re-grant or extend a license, the Directorate of Fisheries shall issue a written reply, stating the reason.

5. Procedures for revocation of a license:

a/ The agency competent to grant a license may revoke it;

b/ When finding a violation in one of the cases specified in Clause 5, Article 56 of the Law on Fisheries, the competent agency shall issue a decision on revocation of the license for fisheries activities and notify such in the mass media.

Article 49.Regulations on foreign fishing vessels entering fishing ports

1. The Ministry of Agriculture and Rural Development shall announce the list of fishing ports designated for foreign fishing vessels to enter and send such list to the Food and Agriculture Organization of the United Nations.

2. Foreign vessels may enter Vietnam’s fishing ports, except foreign vessels on the list of vessels engaged in illegal fishing, transport or transshipment or support for illegal fishing. At least 24 hours before a foreign vessel enters a fishing port of Vietnam, a notice made according to Form No. 17.KT in Appendix IV to this Decree shall be sent to the fishing port management organization.

3. The fishing port management organization shall send a notice to the customs office and border guard force in order to carry out entry and exit procedures under regulations; and send a notice to a local management agency in charge of fisheries or an inspection office at the port in order to inspect and verify information about the origin of aquatic animals and aquatic products on board the vessel. The inspection and verification must comply with Clauses 3, 4, 5 and 6, Article 70 of this Decree.

4. After the relevant information is inspected and verified, the Directorate of Fisheries shall immediately notify it to the countries related to the vessel and the vessel’s voyage for processing under regulations.

5. When entering, leaving or anchoring within Vietnam’s fishing port waters, a foreign fishing vessel must fly the national flag of Vietnam at the top of the highest mast of the vessel and fly the flag of the country where it is registered on the lower mast.

Chapter V

MANAGEMENT OF FISHING VESSELS, ON-DUTY FISHERIES VESSELS, FISHING PORTS AND STORM SHELTERS FOR FISHING VESSELS

Article 50.Classification of fishing vessel building and renovation establishments

Fishing vessel building and renovation establishments shall be classified as follows:

1. Class-I establishments: building and renovating all types of fishing vessels based on hull material.

2. Class-II establishments: building and renovating fishing vessels with the maximum length of under 24 meters based on hull material.

3. Class-III establishments: building and renovating fishing vessels with the maximum length of under 15 meters based on hull material.

Article 51.Conditions on an establishment building and renovating steel-hull fishing vessels

1. Having workshops and equipment as specified in Section 1, Appendix VI to this Decree.

2. Having a quality control and management division and technicians and technical workers as specified in Section 4, Appendix VI to this Decree.

3. Possessing a certificate of quality management system in conformity with ISO 9001 standard or equivalent (for grade-I and grade-II establishments); or having a technological process in conformity with national technical regulations on classification and building of fishing vessels (for grade-III establishments).

Article 52.Conditions on a wooden-hulled fishing vessel building and renovation establishment

1. Having workshops and equipment specified in Section 2 of Appendix VI to this Decree.

2. Having a quality control section and technicians and technical workers specified in Section 5 of Appendix VI to this Decree.

3. Possessing a certificate of quality management system in conformity with ISO 9001 standard or equivalent (for grade-I establishments); or having a technological process in conformity with national technical regulations on classification and building of fishing vessels (for grade-II and grade-III establishments).

Article 53.Conditions on a new material-hulled fishing vessel building and renovation establishment

1. Having workshops and equipment specified in Section 3 of Appendix VI to this Decree.

2. Having a quality control section and technicians and technical workers specified in Section 6 of Appendix VI to this Decree.

3. Possessing a certificate of quality management system in conformity with ISO 9001 standard or equivalent (for grade-I and grade-II establishments); or having a technological process in conformity with national technical regulations on classification and building of fishing vessels (for grade-III establishments).

Article 54.Grant, re-grant or revocation of certificates of eligibility for fishing vessel building and renovation

1. A dossier of application for a certificate of eligibility for fishing vessel building and renovation for an establishment must comprise:

a/ An application, made according to Form No. 01.TC in Appendix V to this Decree;

b/ A presentation of conditions on the establishment, made according to Form No. 02.TC in Appendix V to this Decree.

2. A dossier of request for re-grant of a certificate of eligibility for fishing vessel building and renovation:

a/ A written request, made according to Form No. 03.TC in Appendix V to this Decree;

b/ The old certificate of eligibility for fishing vessel building and renovation.

3. Order and procedures for grant or re-grant of a certificate of eligibility for fishing vessel building and renovation:

a/ An organization or individual shall submit a dossier to the provincial-level Department of Agriculture and Rural Development of the locality where its establishment is located;

b/ Within 7 working days after receiving a complete dossier, the provincial-level Department of Agriculture and Rural Development shall inspect and assess conditions on the establishment; if the inspection and assessment show that the establishment fails to satisfy the conditions, such establishment shall take remedies and, after taking remedies, send a written notice to the provincial-level Department of Agriculture and Rural Development for the latter to organize inspection and assessment;

c/ In case the establishment has a valid dossier and satisfies the conditions, within 3 working days after the inspection and assessment are completed, the provincial-level Department of Agriculture and Rural Development shall grant a certificate of eligibility for fishing vessel building and renovation, made according to Form No. 04.TC in Appendix V to this Decree;

d/ In case of refusal to grant a certificate, the provincial-level Department of Agriculture and Rural Development shall reply in writing, clearly stating the reason.

4. Order and procedures for revocation of a certificate of eligibility for fishing vessel building and renovation:

a/ The agency competent to grant a certificate of eligibility for fishing vessel building and renovation may revoke such certificate;

b/ If detecting an establishment’s violation of one of the cases specified in Clause 3, Article 64 of the Law on Fisheries, the competent agency shall issue a decision on revocation of the granted certificate of eligibility for fishing vessel building and renovation and announce such decision in the mass media.

Article 55.Classification of technical supervision and certification establishments for fishing vessels and regulations on technical supervision and certification of on-duty fisheries vessels

1. Technical supervision and certification establishments for fishing vessels shall be classified as follows:

a/ Class I: Technical supervision and certification of all fishing vessels;

b/ Class II: Technical supervision and certification of fishing vessels with the maximum length of under 24 meters;

c/ Class III: Technical supervision and certification of fishing vessels with the maximum length of under 15 meters.

2. Regulations on technical supervision and certification of on-duty fisheries vessels:

a/ Organizations managing on-duty fisheries vessels may select a technical supervision and certification establishment for fishing vessels or other technical supervision and certification organizations to carry out technical supervision and certification of on-duty fisheries vessels;

b/ The supervision of technical safety, environmental protection and quality of on-duty fisheries vessels must comply with regulations on technical supervision and certification of the selected technical supervision and certification organizations.

Article 56.Conditions on technical supervision and certification establishments for fishing vessels

1. For a class-I technical supervision and certification establishment for fishing vessels:

a/ To be established under the competent agency’s decision (for public technical supervision and certification establishments) or under the Law on Enterprises or the Law on Cooperatives; to be legally and financially independent from fishing vessel traders, fishing vessel building and renovation establishments and fishing vessel designers;

b/ To have physical foundations and technical equipment meeting requirements: Having data input and storage devices; having networked devices to transmit data to agencies concerning the establishment’s technical supervision and certification; having tools and equipment for technical supervision provided in Appendix VII to this Decree;

c/ To have technical supervision and certification officers, each of whom must possess a university or higher degree in relevant techniques: hull, engine, electricity, fishing, refrigeration engineering or seafood processing, including at least 1 grade-I technical supervision and certification officer and 2 grade-II technical supervision and certification officers;

d/ To establish and maintain a quality management system in conformity with ISO 9001 standard or equivalent.

2. For a class-II technical supervision and certification establishment for fishing vessels:

a/ The conditions prescribed at Points a, b and d, Clause 1 of this Article;

b/ To have technical supervision and certification officers, each of whom must possess a university or higher degree in relevant techniques: hull, engine, electricity, fishing, refrigeration engineering or seafood processing, including at least 2 grade-II technical supervision and certification officers.

3. For a class-III technical supervision and certification establishment for fishing vessels:

a/ The conditions prescribed at Points a and b, Clause 1 of this Article;

b/ To have technical supervision and certification officers, each of whom must possess a collegial or higher degree in relevant techniques: hull, engine, and fishing, including at least 1 grade-II technical supervision and certification officer;

c/ To have a technical inspection and supervision process for fishing vessels in compliance with national technical regulations on classification and building of fishing vessels.

4. Class-I and class-II technical supervision and certification establishments for fishing vessels may set up their affiliated branches close to fishing vessel shelters or fishing vessel building or repair establishments. Each branch must satisfy the conditions prescribed at Point b, Clause 1 of this Article and ensure that its technical supervision and certification officers possess a university or higher degree in relevant techniques: hull, engine, electricity, fishing, mechanical engineering or fishing, refrigeration engineering or seafood processing, including at least 2 grade-II or higher-grade technical supervision and certification officers for a branch of a class-I technical supervision and certification establishments for fishing vessels and 1 grade-II or higher-grade technical supervision and certification officer for a branch of a class-II technical supervision and certification establishment for fishing vessels.

Article 57.Grant of written approval of building, renovation, charter or purchase of Vietnamese fishing vessels

1. A dossier of request for a written approval of building, renovation, charter or purchase of a Vietnamese fishing vessel must comprise a declaration made according to Form No. 05.TC in Appendix V to this Decree.

2. Organizations and individuals shall submit their dossiers to provincial-level Departments of Agriculture and Rural Development.

3. Within 3 working days after receiving a valid dossier, the provincial-level Department of Agriculture and Rural Development shall appraise the dossier based on fishing license quotas and local criteria and consider granting a written approval, made according to Form No. 06.TC in Appendix V to this Decree. In case of refusal to grant a written approval, the provincial-level Department of Agriculture and Rural Development shall reply in writing, clearly stating the reason.

Article 58.Grant of fishing vessel import permits

1. A dossier of application for a fishing vessel import permit must comprise:

a/ An application, made according to Form No. 07.TC in Appendix V to this Decree;

b/ A fishing vessel import contract or a bareboat charter party;

c/ A fishing vessel technical safety certificate or fishing vessel classification dossier which remains valid for at least 6 months, granted by a technical supervision and certification organization of the country of origin of the vessel (a copy bearing the importer’s seal);

d/ A fishing vessel registration certificate, for used vessels (a copy bearing the importer’s seal);

dd/ A fishing vessel building contract or document on liquidation of a fishing vessel building contract, for newly-built vessels.

2. The documents specified at Points b, c, d and dd, Clause 1 of this Article shall be translated into Vietnamese.

3. Procedures for grant of a fishing vessel import permit:

a/ An organization or individual wishing to import a fishing vessel shall submit a dossier to the Directorate of Fisheries;

b/ Within 7 working days after receiving a valid dossier, the Directorate of Fisheries shall consider granting a permit to the applicant, made according to Form No. 08.TC in Appendix V to this Decree; in case of refusal to grant a permit, the Directorate of Fisheries shall reply in writing, clearly stating the reason;

c/ A fishing vessel import permit or bareboat charter permit shall be sent to the applicant and concurrently to the provincial-level Department of Agriculture and Rural Development of the locality where the vessel owner registers his/her/its permanent residence, the Ministry of National Defense (the Border Guard Command) and the Ministry of Finance (the General Department of Customs).

Article 59.Regulations on fishing vessels that are donated or provided as aid

1. The donation or provision of fishing vessels as aid means that foreign governments, organizations or individuals donate or provide fishing vessels as aid to the Vietnamese Government or organizations or individuals for fishing or fisheries-related on-duty activities.

2. The Directorate of Fisheries shall decide on the receipt of fishing vessels donated or provided as aid by foreign governments, organizations or individuals to Vietnamese state agencies, based on practical demands and conditions, and external relations.

3. Vietnamese organizations or individuals receiving fishing vessels donated by foreign organizations or individuals must satisfy the conditions prescribed in Clause 2, Article 66 of the Law on Fisheries.

4. Order and procedures for import of fishing vessels donated by foreign organizations or individuals to Vietnamese organizations or individuals must comply with Article 58 of this Decree.

Article 60.Depth of channels to ports and port waters

1. For a class-I fishing port: The channels to the port and port waters must be deep enough for fishing vessels with the maximum length of at least 24 meters to enter and leave the port.

2. For a class-II fishing port: The channels to the port and port waters must be deep enough for fishing vessels with the maximum length of at least 15 meters to enter and leave the port.

Article 61.Contents, order and procedures for announcement of opening and closure of fishing ports

1. A dossier for announcement of opening of a fishing port must comprise:

a/ A written request for announcement of opening of the fishing port, made according to Form No. 09.TC in Appendix V to this Decree;

b/ A written permission for investment in construction of the fishing port;

c/ A copy of the fishing port’s internal rules and operation plan of the fishing port;

d/ A copy of the decision on the establishment of the fishing port management organization;

dd/ A written record of pre-acceptance test of the fishing port project which has been completed and commissioned and work completion drawings;

e/ Notices to mariners on the channels to the port and port waters;

g/ A document on inspection and certification of the implementation of contents of the environmental impact assessment report and requirements of the decision approving this report;

h/ A written record of pre-acceptance test of fire prevention and fighting equipment.

2. Order and procedures for announcement of opening of a fishing port:

a/ A fishing port management organization shall submit a dossier prescribed in Clause 1 of this Article to the agency competent to announce the opening of fishing ports specified in Clause 3, Article 79 of the Law on Fisheries;

b/ Within 6 working days after receiving a valid dossier, the competent agency shall examine it, conduct a fact-finding survey at the fishing port and issue a decision to announce the opening of the fishing port, made according to Form No. 10.TC in Appendix V to this Decree. In case of refusal to announce the opening of the fishing port, the competent agency shall reply in writing, clearly stating the reason;

c/ Within 2 days after issuing a decision on announcement of the opening of the fishing port, the competent agency shall announce it in the mass media.

3. The principal contents of a decision on announcement of the opening of a fishing port include name of the fishing port; class of the fishing port; coordinates of the fishing port; the starting position, depth and width of the channel to the fishing port; the length of the wharf; the size and type of the biggest fishing vessel which can enter the port; the fishing port’s unloading capacity; and the time when the fishing port commences its operation.

4. Announcement of closure of fishing ports:

a/ The competent agency specified in Clause 3, Article 79 of the Law on Fisheries shall issue a decision on closure of a fishing port in one of the cases specified in Clause 2, Article 79 of the Law on Fisheries; and at the same time revoke the issued decision on announcement of opening of the fishing port;

b/ A decision on announcement of closure of a fishing port shall be made according to Form No. 11.TC in Appendix V to this Decree.

Chapter VI

FISHERIES RESOURCES SURVEILLANCE

Article 62.Organization of the fisheries resources surveillance force

1. The fisheries resources surveillance agencies at central level are organized as follows:

a/ Vietnam Fisheries Resources Surveillance is an agency of the Directorate of Fisheries under the Ministry of Agriculture and Rural Development. It has specialized divisions, regional fisheries resources surveillance branches and the center serving fisheries resources surveillance;

b/ A regional fisheries resources surveillance branch has specialized divisions, a fisheries resources surveillance fleet and fisheries resources surveillance posts;

c/ Vietnam Fisheries Resources Surveillance and regional fisheries resources surveillance branches have the legal person status and their head offices and own seals and may open accounts at the State Treasury;

d/ Fisheries resources surveillance posts of regional fisheries resources surveillance branches have their own seals for administrative transactions and handling administrative violations according to their competence.

2. Fisheries resources surveillance branches of coastal provinces and centrally run cities are administrative organizations under provincial-level state management agencies in charge of fisheries established under decisions of provincial-level People’s Committees.

Article 63.Regimes and policies applicable to the fisheries resources surveillance force

1. Occupation-based seniority allowance regime for civil servants who are salaried according to the fisheries resources surveillance officer ranks:

a/ After 5 years (full 60 months) of continuous working in the fisheries resources surveillance force, a civil servant may enjoy occupation-based seniority allowance equal to 5% of his/her current salary level plus the leadership and extra-rank seniority-based allowance (if any);

b/ For every year from the sixth year on, 1% of the current salary level shall be added to the allowance.

2. Occupation-based responsibility allowance regime for civil servants who are salaried according to in the fisheries resources surveillance officer ranks:

a/ A major fisheries resources surveillance officer may enjoy an occupation-based responsibility allowance equal to 20% of his/her current salary level plus the leadership and extra-rank seniority-based allowance (if any);

b/ A fisheries resources surveillance officer may enjoy an occupation-based responsibility allowance equal to 25% of his/her current salary level plus the leadership and extra-rank seniority-based allowance (if any);

c/ An intermediate-level fisheries resources surveillance officer may enjoy an occupation-based responsibility allowance equal to 30% of his/her/its current salary level plus the leadership and extra-rank seniority-based allowance (if any).

3. Occupational preference allowance for civil servants and public employees who are salaried according to the ranks of seamen on fisheries resources surveillance vessels:

a/ A major seaman on a fisheries resources surveillance vessel may enjoy an occupational preference allowance equal to 40% of his/her current salary level plus the leadership and extra-rank seniority-based allowance (if any);

b/ A seaman on a fisheries resources surveillance vessel may enjoy an occupational preference allowance equal to 45% of his/her current salary level plus the leadership and extra-rank seniority-based allowance (if any);

c/ An intermediate-level seaman on a fisheries resources surveillance vessel may enjoy an occupational preference allowance equal to 50% of his/her current salary level plus the leadership and extra-rank seniority-based allowance (if any).

4. Civil servants, public employees and workers working on fisheries resources surveillance vessels may enjoy a hazardous or dangerous working environment allowance coefficient equal to 0.3 of the basic salary.

5. Civil servants, public employees and workers working on fisheries resources surveillance vessels during actual on-duty trips in the maritime zones of Vietnam may enjoy special allowance, allowance for attraction and region-based allowance as follows:

a/ Special allowance is equal to 50% of their current salary level plus the leadership and extra-rank seniority-based allowance (if any);

b/ Allowance for attraction is equal to 70% of their current salary level plus the leadership and extra-rank seniority-based allowance (if any);

c/ Region-based allowance is equal to 0.7 of the basic salary.

Special allowance, allowance for attraction and region-based allowance specified at Points a, b and c, Clause 5 of this Article must be equal to the monthly allowance divided by 22 days and multiplied by the number of actual on-duty days in the maritime zones of Vietnam.

6. Occupation-based responsibility allowance:

a/ Masters of fisheries resources surveillance vessels may enjoy an allowance equal to 0.5 of the basic salary;

b/ Deputy masters and chief engineers of fisheries resources surveillance vessels may enjoy an allowance equal to 0.3 of the basic salary;

c/ Assistant chief engineers and heads of seamen may enjoy an allowance equal to 0.2 of the basic salary.

7. Seafaring allowance: Civil servants, public employees and workers working on fisheries resources surveillance vessels during their seafaring trips may enjoy a seafaring allowance equal to 0.2 of the basic salary per person per actual seafaring day.

Article 64.Funding sources for fisheries resources surveillance

1. State budget funds for fisheries resources surveillance shall be allocated according to the current state budget decentralization:

a/ The central budget’s funds for activities of the fisheries resources surveillance agencies at central level include development investment capital and regular expenditures;

b/ Local budgets’ funds for activities of fisheries resources surveillance branches of coastal provinces and centrally run cities include development investment capital and regular expenditures;

c/ Based on the balancing capacity of the budget and collected fines for administrative violations in the last year, fisheries resources surveillance bodies shall formulate and send annual estimates for the planning year’s activities, in which collected fines for administrative violations shall be used to coverregular expenditures of fisheries resources surveillance, to the same-level financial agency for submission to competent authorities defined in the Law on the State Budget and guiding documents.

2. Other funding sources shall be prescribed by law.

Article 65.Expenses for fisheries resources surveillance

1. Expenses for operation of the fisheries resources surveillance apparatus must comply with the Government’s regulations on autonomy and accountability for use of state payrolls and administrative management funds of state agencies.

2. Specific expenses for fisheries resources surveillance annually covered by the state budget:

a/ Expenses for hotlines to facilitate the settlement of incidents and disputes arising in marine fishing activities between Vietnam and neighboring countries and the performance of other duties assigned by competent authorities;

b/ Expenses for payment of seafaring allowance for civil servants, fisheries resources surveillance officers, seamen and workers working on fisheries resources surveillance vessels during their seafaring trips.

c/ Expenses for conferences, seminars, preliminary reviews, reviews and professional training and refresher courses on fisheries resources surveillance;

d/ Expenses for materials and fuels for fisheries resources surveillance vessels to perform the tasks of patrol, examination, control and specialized inspection; to prevent and control natural disasters, conduct rescue and salvage activities and deal with incidents at sea; to coordinate with related forces in patrolling, inspecting and handling foreign fishing vessels’ violations in the maritime zones of Vietnam, preventing Vietnamese fishing vessels from illegally fishing in foreign seas; to participate in defending Vietnam’s sovereignty over its maritime zones and islands under regulations;

dd/ Expenses for payment of insurance premiums for fisheries resources surveillance fleet (including insurance for persons working on fisheries resources surveillance vessels and insurance for vessels) and other taxes and charges;

e/ Expenses for collection and purchase of news from collaborators, processing of information, documents and evidences related to fisheries resources surveillance and specialized inspection; expenses for investigation and solicitation of expert assessment of contents related to fisheries resources surveillance and specialized inspection;

g/ Expenses for charter of ship docking locations and shelters for fisheries resources surveillance fleet and violating vessels that are being temporarily seized by the fisheries resources surveillance force;

h/ Expenses for regular and unexpected repair of fisheries resources surveillance vessels;

i/ Expenses for procurement of fisheries resources surveillance vessels, military weapons, supporting tools, specialized equipment, uniforms of the fisheries resources surveillance force; and procurement of materials, consumable equipment, medicines and medical equipment for first aid on fisheries resources surveillance vessels;

k/ Expenses for building and management of a database and maintain the operation of the fisheries resources surveillance information system;

l/ Expenses for dissemination of information and cover breaking news on television on, and organization of education about, fisheries resources surveillance law, design and printing of specialized fisheries resources surveillance forms;

m/ Expenses for payment of remuneration, salaries and other salary-based payments for contractual officers not salaried by the state budget under the current regulations on labor contracts;

n/ Expenses for extraordinary bonuses for collectives and individuals that record outstanding achievements in patrol, inspection and control to ensure the observance of the law on fisheries and participating in defending the marine sovereignty;

o/ Expenses for study tours in foreign countries and coordination with these countries’ fisheries resources surveillance forces in marine patrol and inspection;

p/ Expenses for visits and provision of financial support to officers and fishermen who die or get injured during on-duty trips at sea with a support level of up to VND 5 million per dead person or VND 2 million per injured person;

q/ Other expenses for fisheries resources surveillance.

3. Expenses covered by collected fines for administrative violations by the fisheries resources surveillance force which are retained to fund fisheries resources surveillance:

a/ Expenses for payment of remuneration, salaries and other salary-based payments for contractual officers not salaried by the state budget; expenses for extraordinary bonuses for collectives and individuals that record outstanding achievements in patrol, inspection and control to ensure the observance of the law on fisheries and participating in defending the marine sovereignty;

b/ Expenses for study tours in foreign countries and coordination with these countries’ fisheries resources surveillance forces in marine patrol and inspection;

c/ Expenses for visits and provision of financial support to officers and fishrmen who die or get injured during on-duty trips at sea with a support level of up to VND 5 million per dead person or VND 2 million per injured person.

Chapter VII

PURCHASE, SALE, PRELIMINARY PROCESSING, PROCESSING, EXPORT AND IMPORT OF AQUATIC ANIMALS AND AQUATIC PRODUCTS

Article 66.Processing of endangered, precious and race aquatic species

An organization or individual engaged in processing endangered, precious and race aquatic species must satisfy the following requirements:

1. To ensure that specimens of endangered, precious and race aquatic species have lawful origins in accordance with law;

2. To open a book for monitoring the processing of endangered, precious and race aquatic species and products thereof under regulations;

3. To label finished products to be sold on the market in accordance with the law on goods labeling;

4. To satisfy the law-prescribed requirements on food safety and epidemic safety.

Article 67.Export, import, re-export and transit of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, precious and race aquatic species

1. Permitted organizations and individuals are not required to apply for permits for import of endangered, precious and race aquatic species on the list of aquatic species permitted for trading in Vietnam, excluding aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

2. Organizations and individuals may re-export or transit endangered, precious and race aquatic species in accordance with the law on foreign trade management.

3. The grant of permits for export of endangered, precious and race aquatic species on the list of aquatic species banned from export or failing to satisfy the conditions prescribed in the list of aquatic species subject to conditional export for scientific research or international cooperation must comply with Article 69 of this Decree.

4. The export, import, re-export and introduction from the sea of endangered, precious and race aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora must comply with the regulations on the management of endangered, precious and race forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and this Decree.

Article 68.Introduction from the sea of endangered, precious and race aquatic species

1. The introduction from the sea of endangered, precious and race aquatic species means bringing into the Vietnamese territory specimens of endangered, precious and race aquatic species fished in the seas outside the jurisdiction of any nation.

2. Organizations and individuals introducing from the sea specimens of endangered, precious and race aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall comply with the regulations on the management of endangered, precious and race forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

3. Organizations and individuals introducing from the sea specimens of endangered, precious and race aquatic species, excluding the species specified in Clause 2 of this Article, shall comply with Article 40 of this Decree.

Article 69.Grant of aquatic species export permits

1. Organizations and individuals wishing to export aquatic species on the list of aquatic species banned from export or on the list of aquatic species subject to conditional export but failing to satisfy the conditions for scientific research or international cooperation shall submit dossiers to the Directorate of Fisheries.

2. A dossier of application for an aquatic species export permit must comprise:

a/ An application for an aquatic species export permit, made according to Form No. 36.NT in Appendix III to this Decree;

b/ Documents proving that aquatic species are exported for scientific research or international cooperation purpose.

3. Order for grant of an aquatic species export permit:

a/ Within 10 working days after receiving a dossier, the Directorate of Fisheries shall examine the dossier and send it to the Ministry of Agriculture and Rural Development for submission to the Prime Minister;

b/ The Directorate of Fisheries shall advise the Ministry of Agriculture and Rural Development on considering the grant of an aquatic species export permit, made according to Form No. 37.NT in Appendix III to this Decree, to the applicant after obtaining the Prime Minister’s approval. If the Prime Minister does not approve or the dossier is invalid, the Directorate of Fisheries shall issue a written reply, clearly stating the reason.

Article 70.Control of import, temporary import, re-export, temporary export, re-import, border-gate transfer or transit via the Vietnamese territory of aquatic animals or products originating from illegal, unreported or unregulated fishing

1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, designating and announcing the list of ports for ships transporting or transshipping aquatic animals or products originating from overseas fishing activities for import, temporary import, re-export, temporary export, re-import, border-gate transfer or transit thereof via the Vietnamese territory, and notify the Food and Agriculture Organization of the United Nations of the list of designated ports.

2. Twenty-four hours before entering a port, an organization or individual having a vessel transporting aquatic animals or products originating from fishing activities for import, temporary import, re-export, border-gate transfer or transit via the Vietnamese territory shall send a notice to the competent agency under the Ministry of Agriculture and Rural Development, made according to Form No. 17.KT in Appendix IV to this Decree via the Vietnam National Single Window.

3. Within 24 hours after receiving information on the origin of aquatic animals or products on board a vessel from an organization or individual wishing to enter a port, the competent agency under the Ministry of Agriculture and Rural Development shall examine and verify the information and decide to:

a/ Permit the vessel to enter the port and notify the port authority if the vessel neither conducts illegal fishing nor supports illegal fishing;

b/ Refuse to permit the vessel to enter the port and notify the port authority if there is a sign of a violation related to illegal fishing or support for illegal fishing, except inforce majeurecircumstances; announce and notify a decision on refusal of entry to the port to the nation whose national flag is flown by the vessel, neighboring coastal nations, regional fisheries management organization and related organizations.

4. Examination of information on foreign vessels upon their entry to ports

a/ The competent agency under the Ministry of Agriculture and Rural Development may inspect foreign vessels right after their entry to the port (except vessels carrying container cargoes with security lead seals and not loaded with aquatic animals or products in Vietnam) or upon request of nations whose national flags are flown by vessels or neighboring coastal nations;

b/ Principles of inspection:  To ensure fairness, transparency, non-discrimination and no harassment during inspection; not to affect the quality of aquatic animals on board vessels; inspection officers must have professional expertise and be knowledgeable of the law on fisheries; to invite representatives of nations whose national flags are flown by vessels to take part in the inspection when necessary;

c/ Contents of inspection: Information on the vessel (name of the vessel, vessel registration number, and International Maritime Organization (IMO) number); information on the vessel owner, fishing license, transshipment license, volume and kinds of aquatic species, fishing gears and documents requested by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (if any);

d/ Documents to be provided to the inspection agency: fishing license, vessel registration certificate, transshipment license, reports on transshipment and information of transshipped vessel (license and registration) and documents on transshipped vessels; and other documents related to the declared information before arriving at the port;

dd/ Inspection process: Inspection officers shall produce papers proving their duties to the vessel master; inspect the contents defined at Point c of this Clause and information in Form No. 18.KT in Appendix IV to this Decree. The vessel master shall provide the declared information and produce the papers specified at Point d of this Clause and the papers related to examined contents and declared information before entering the port. Inspection officers shall make a written record of the inspection according to Form No. 18.KT provided in Appendix IV to this Decree; and notify and process inspection results.

5. Notification and processing of inspection results:

a/ A written record of inspection shall be made in 2 copies with the vessel master and inspection unit each keeping 1 copy and sent to the nation whose national flag is flown by the vessel via its email announced by the Food and Agriculture Organization of the United Nations;

b/ If there are evidences to prove that the shipment and vessel  are involved in illegal fishing or illegal fishing support, the competent agency under the Ministry of Agriculture and Rural Development shall refuse to allow aquatic animals or aquatic animal products to be unloaded onto the port and notify such to the port authority for not allowing the vessel to use port services and concurrently notify the nation whose national flag is flown by the vessel, coastal nation, regional fisheries management organization, Food and Agriculture Organization of the United Nations, related international organizations, and the nation of which the vessel master is a citizen of inspection results and violation remedies.

6. In case a vessel is refused to enter the port but deliberately enters the port or has to enter the port due to aforce majeurereason, the port authority shall notify such to the Ministry of Agriculture and Rural Development for inspection and examination in accordance with the Agreement on Port State Measures and make a written record of inspection according to Form No. 19.KT in Appendix IV to this Decree; and handle violations (if any). In case the vessel is coerced to leave Vietnam’s territory, the port authority shall notify such to nations related to the vessel and its voyage.

Chapter VIII

STATE MANAGEMENT OF FISHERIES

Article 71.Responsibilities of related ministries and sectors

1. The Ministry of Agriculture and Rural Development shall:

a/ Provide uniform professional guidance on fisheries resources protection, aquaculture, fishing, management of fishing vessels, on-duty fisheries vessels and fishing ports, processing, export and import of aquatic animals and aquatic products, and fisheries resources surveillance;

b/ Make plans on, organize the management, examination, inspection, communication, training and dissemination of the regulations on joint management in the protection of fisheries resources, protection and development of fisheries resources, and marine conservation, and directly organize the management of national marine protected areas located in two or more provinces; aquaculture; fishing; assurance of safety for humans and fishing vessels; management of fishing vessels, on-duty fisheries vessels, fishing ports, and storm shelters for fishing vessels; processing, export, import, purchase and sale of aquatic animals and aquatic products; origin traceability of aquatic animals; and fisheries resources surveillance nationwide;

c/ Compile documents on technical instructions on aquaculture, fishing, joint management in the protection of fisheries resources, fishing gears, fishing methods, assurance of safety for humans and fishing vessels operating at sea; set of monitoring and evaluation indicators for joint management in the protection of fisheries resources;

d/ Inspect and supervise the implementation of the regulations on management of endangered, precious and rare aquatic species; authenticate origin of endangered, precious and rare aquatic species which are farmed or fished from the wild; facilities that carry out growing, breeding or artificial propagation of endangered, precious and rare aquatic species, including species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and implement the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

dd/ Propose fisheries policies;

e/ Develop a national database on fisheries; uniformly manage the vessel monitoring system nationwide; issue regulations on technical management of the vessel monitoring system;

g/ Decentralize powers for and authorize the management of fisheries activities to its subordinate units and localities; inspect the performance of  responsibilities of localities in the management of fisheries activities; assign the Directorate of Fisheries to receive and process administrative procedures, and organize and implement this Decree according to its competence;

h/ Organize the implementation of Clause 2, Article 101 of the 2017 Law on Fisheries.

2. The Ministry of Transport shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, ensuring maritime safety, maritime security and marine environment protection for activities of fishing vessels and fishing ports;

b/ Coordinate with the Ministry of Agriculture and Rural Development in managing the transportation of aquatic animals and aquatic products through seaports, logistics services, fishing vessels at seaports and inland waterway ports under its management in accordance with the Agreement on Port State Measures.

3. The Ministry of Finance shall:

a/ Prescribe charges and fees in the fisheries sector in accordance with this Decree and the law on charges and fees;

b/ Direct the General Department of Customs to refuse completing the customs formalities for illegally exploited aquatic animals and aquatic products;

c/ Coordinate with the Ministry of Agriculture and Rural Development in managing the transportation of aquatic products through seaports, fisheries logistics services, fishing vessels at seaports in accordance with the Agreement on Port State Measures.

4. The Ministry of National Defense shall:

a/ Direct the maritime law enforcement force to inspect and control Vietnamese and foreign fishing vessels leaving or entering ports, and operating at sea in accordance with law;

b/ Direct the Border Guard force to coordinate with specialized agencies at fishing ports in inspecting fishing vessels and seamen entering and leaving fishing ports in accordance with law;

c/ Direct the Navy, Border Guard and Coast Guard forces to coordinate with and support the fisheries resources surveillance force in enforcing law at sea in accordance with law;

d/ Coordinate with the Ministry of Agriculture and Rural Development in managing fishing vessels, seamen and workers on board foreign fishing vessels operating in the maritime zones of Vietnam and Vietnamese fishing vessels operating in sea areas.

5. The Ministry of Public Security shall:

a/ Coordinate with the Ministry of Agriculture and Rural Development in managing fishing vessels, seamen and workers on board foreign fishing vessels operating in the maritime zones of Vietnam and Vietnamese fishing vessels operating in sea areas;

b/ Coordinate with the Ministry of Agriculture and Rural Development in managing fisheries activities.

6. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, guiding and inspecting provincial-level People’s Committees in the environmental protection and management of land and sea areas for aquaculture.

Article 72. Responsibilities of provincial-level People’s Committees

1. To organize and implement the provisions of Clause 1, Article 102 of the 2017 Law on Fisheries.

2. To organize the management of fisheries activities as assigned in this Decree.

3. To direct provincial-level Departments of Agriculture and Rural Development and provincial-level state management agencies in charge of fisheries to implement the tasks assigned to them in this Decree.

4. To make plans on and organize the management, examination, inspection, communication, training and dissemination of the regulations on joint management, protection and development of fisheries resources and marine conservation; aquaculture; fishing; management of fishing vessels, on-duty fisheries vessels, fishing ports, and storm shelters for fishing vessels; processing, export, import, purchase and sale of aquatic animals and aquatic products; and fisheries resources surveillance activities in their localities according to their competence.

5. To direct, guide and support People’s Committees at all levels and local people to organize the joint management in the fisheries resources protection; to direct the authorities at all levels and functional agencies to assume the prime responsibility for, and coordinate with community organizations in, patrolling, inspecting, controlling, and handling violations according to their competence in the areas subject to joint management; before November 20 every year or upon request to report to the Ministry of Agriculture and Rural Development (through the Directorate of Fisheries) on the joint management in the fisheries resources protection in their provinces; to make plans and allocate funds for the joint management in the fisheries resources protection.

6. To assign provincial-level fisheries resources surveillance forces to patrol, inspect, control, and handle violations at the marine protected areas at the request of the management boards of these areas.

7. To direct and inspect the operation of provincial-level fisheries resources surveillance forces, coordination in the operation of the fisheries resources surveillance forces with relevant agencies in their provinces; to equip fisheries resources surveillance ships, speedboats, weapons, support tools, special-use facilities, uniforms, badges, insignia and pennants for the fisheries resources surveillance forces in accordance with law.

Chapter IX.

IMPLEMENTATION PROVISIONS

Article 73.Transitional provisions

1. Organizations that are operating after the model of joint management in the fisheries resources protection before the effective date of this Decree shall review and complete their dossiers of request for recognition and grant of management rights under this Decree before January 1, 2021.

2. Marine protected areas established before the effective date of this Decree shall review, supplement and complete their management regulations under this Decree before January 1, 2020.

3. Organizations and individuals engaged in cage and pen fish farming or rearing key aquatic animals before the effective date of this Decree shall register their operation under this Decree within 12 months from the effective date of this Decree.

4. Written certifications, licenses, certificates and approval documents granted before the effective date of this Decree may continue to be used until they are required to be renewed or re-granted under this Decree.

5. Facilities producing or nursing breeds of key aquatic animals and facilities producing aquatic feeds and aquaculture environment treatment products that commence their operation before the effective date of this Decree may continue operating and shall carry out the procedures for application for protection eligibility certificates before January 1, 2020.

6. Aquatic breed production or nursery facilities other than those mentioned in Clause 5 of this Article that commence their operation before the effective date of this Decree may continue operating and shall carry out the procedures for application for eligibility certificates before January 1, 2021.

7. Fishing vessel building and renovation establishments that are operating before the effective date of this Decree may continue operating and shall carry out the procedures for application for eligibility certificates before January 10, 2019.

8. Fishing vessel technical supervision and certification organizations operating before the effective date of this Decree may continue operating according to their assigned functions and tasks and shall carry out the procedures for application for eligibility certificates before January 1, 2020.

9. Fishing ports operating before the effective date of this Decree may continue operating and shall carry out the procedures for requesting the announcement of port opening in accordance with law before October 1, 2020.

10. Dossiers of registration for grant of licenses, certificates or approval documents submitted before the effective date of this Decree but not yet processed shall be processed in accordance with the regulations effective at the time of dossier submission.

11. Fisheries development support policies promulgated before the effective date of this Decree may continue to be applied until their implementation duration expires or there are documents replacing or annulling them.

12. The quality inspection of imported aquatic breeds, aquatic feeds and aquaculture environment treatment products shall be based on national standards and standards announced by organizations and individuals before the January 1, 2020.

13. The quality inspection of imported aquatic feeds and aquaculture environment treatment products must still comply with the provisions on the order and procedures for quality inspection of the Government’s Decree No. 39/2017/ND-CP of April 4, 2017, on the management of animal and aquatic feeds, and guiding documents effective before January 1, 2020.

Article 74.Effect

1. This Decree takes effect on April 25, 2019.

2. This Decree replaces:

a/ The Government’s Decree No. 27/2005/ND-CP of March 8, 2005, detailing and guiding the implementation of a number of articles of the Law on Fisheries;

b/ The Government’s Decree No. 59/2005/ND-CP of May 4, 2005, on production and trade conditions for a number of fisheries trades;

c/ The Government’s Decree No. 14/2009/ND-CP of February 13, 2009, amending and supplementing a number of articles of Decree No. 59/2005/ND-CP of May 4, 2005, on production and trade conditions for a number of fisheries trades;

d/ The Government’s Decree No. 32/2010/ND-CP of March 30, 2010, on the management of fisheries activities of foreign fishing vessels in the maritime zones of Vietnam;

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

e/ The Government’s Decree No. 52/2010/ND-CP of May 17, 2010, on the import of fishing vessels;

g/ The Government’s Decree No. 53/2012/ND-CP of June 20, 2012, amending and supplementing a number of articles of the decrees on fisheries;

h/ The Government’s Decree No. 66/2005/ND-CP of May 19, 2005, on ensuring safety for people and vessels engaged in fisheries activities;

i/ The Government’s Decree No. 80/2012/ND-CP of October 8, 2012, on the management of fishing ports and storm shelter zones for fishing vessels;

k/ The Government’s Decree No. 102/2012/ND-CP of November 29, 2012, on the organization and operation of the fisheries resources surveillance force;

l/ The Government’s Decree No. 57/2008/ND-CP of May 2, 2008, promulgating the regulation on management of Vietnam’s marine protected areas of national and international importance;

m/ The Government’s Decree No. 55/2017/ND-CP of May 9, 2017, on the management of farming, processing and export ofTracatfish products;

n/ The provisions on aquatic feeds of the Government’s Decree No. 39/2017/ND-CP of April 4, 2017, on the management of animal and aquatic feeds, and Decree No. 100/2017/ND-CP of August 18, 2017, amending and supplementing a number of articles of Decree No. 39/2017/ND-CP, and Article 3 of Decree No. 123/2018/ND-CP of September 17, 2018, amending and supplementing a number of decrees prescribing investment and business conditions in the agriculture sector;

o/ Articles 15, 16, 17 and 18 of the Government’s Decree No. 66/2016/ND-CP of July 1, 2016, prescribing investment and business conditions on plant protection and quarantine; plant varieties; raising of ordinary forest animals; animal husbandry; aquaculture; and food.

3. This Decree annuls:

a/ The Prime Minister’s Directive No. 22/2006/CT-TTg of June 30, 2006, on ensuring safety for fishing, especially offshore fishing, in sea areas;

b/ The Minister of Agriculture and Rural Development’s Decision No. 57/2008/QD-BNN of May 2, 2008, promulgating the List of aquatic breeds permitted for production and trade;

c/ The Minister of Agriculture and Rural Development’s Circular No. 01/2011/TT-BNN of January 5, 2011, amending and supplementing the list of endangered, precious and rare aquatic species which need to be protected, restored and developed promulgated together with Decision No. 82/2008/QD-BNN of July 17, 2008;

d/ The Minister of Agriculture and Rural Development’s Circular No. 101/2008/TT-BNN of October 15, 2008, guiding the implementation of the Prime Minister’s Decision No. 459/QD-TTg of April 28, 2008, on the pilot equipping of watch keeping receivers for fishermen;

dd/ The Minister of Agriculture and Rural Development’s Circular No. 26/2014/TT-BNNPTNT of August 25, 2014, providing the requirements on workshops and equipment of fishing vessel building, upgrading and renovation establishments;

e/ The Minister of Fisheries’ Decision No. 20/2006/QD-BTS of December 1, 2006, promulgating the Regulation on fishing ports, fishing wharves and storm shelters for fishing vessels;

g/ The Minister of Fisheries’ Directive No. 05/2007/CT-BTS of July 31, 2007, on enhancing the organization and operation of the fisheries inspectorate;

h/ The Minister of Fisheries’ Directive No. 10/2005/CT-BTS of December 8, 2005, on preventing fishing with vessels of high-powered engines and illegal fishing in coastal and inshore areas;

i/ The Minister of Fisheries’ Directive No. 03/2006/CT-BTS of March 27, 2006, on enhancing the management of fishing activities in the maritime zones of Vietnam.

Article 75.Implementation responsibility

Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

*The appendices to this Decree are not translated.