Decree No. 53/2012/ND-CP dated June,20, 2012 of the Government amending and supplementing a number of articles of the decrees on aquatic product area

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Decree No. 53/2012/ND-CP dated June,20, 2012 of the Government amending and supplementing a number of articles of the decrees on aquatic product area
Issuing body: GovernmentEffective date:
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Official number:53/2012/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:20/06/2012Effect status:
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Fields:Agriculture - Forestry

SUMMARY

MUST HANG VIETNAMESE FLAG WHEN FOREIGN FISHING VESSELS OPERATE IN VIETNAM

On June 20, 2012, the Government issued the Decree No. 53/2012/ND-CP amending and supplementing a number of articles of the Decrees on the aquatic product area.

Under the Decree, the foreign fishing vessels are only permitted to perform the aquatic operation in Vietnam's sea waters if having the License of aquatic operation issued by the competent authorities and the License of frequency and equipment of radio transceivers using issued by the Authority of Radio Frequency Management and they must hang Vietnamese flag during the time of operation. The Vietnamese flag must be hung side by side and is as high as the flag of the country hung on the boat since August 10, 2012.

Besides, under this Decree, the imported fishing vessel must satisfy three conditions as follows: The age of the boat not exceeding eight years (from the year of new building to the time of import); the main engine of the ship (from the year of manufacture to the time of import) not exceeding two (02) years compared with boat age (for used fishing vessel); Having legal origin; Being steel hull boat with the total capacity of the main engine from 400 CV or more. For used fishing vessels, they must be registered by the Vietnam Fishing Vessel Registration Agency before sending the vessel to Vietnam.

These conditions do not apply for the case the fishing vessels are aided by the foreign Government, organizations and individuals to Vietnam.

This Decree takes effect on August 10, 2012.
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THE GOVERNMENT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
---------------
No. 53/2012/ND-CP
Hanoi, June,20, 2012
 
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE DECREES ON AQUATIC PRODUCT AREA
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Aquatic products dated November 2003;
At the proposal of the Minister of the Ministry of Agriculture and Rural development;
The Government issues the Decree amending and supplementing a number of articles of the Decrees on the aquatic product area
Article 1. Amending and supplementing a number of articles of the Decree No. 59/2005/ND-CP dated May 04, 2005 of the Government on the production conditions of a number of aquatic sectors
1. Clause 1, Clause 2, Clause 3 and Clause 4 of Article 6 is amended as follows:
“Article 6. Procedures and order of license issuance
1. Dossier for the issuance of license of one (01) set including:
a) Application for license issuance;
b) Types of document prescribed in clause 1, Article 5 of the Decree No. 59/2005/ND-CP (the copy)
2. Dossier for extension of license of one (01) set including:
a) Application for license extension;
b) Certificate of safety of the fishing vessel ( the copy)
3. Organizations or individuals request the re-issuance of license in case the license is lost or torn, crumpled, damaged, submit application under the form prescribed in Annex I promulgated together with this Decree.
4. The competent licensing authorities shall consider the license issuance and the license re-issuance within a period of five (05) working days and license extension within two (2) working days, from the date of fully receiving the dossier as prescribed. In case of not issue or re-issue or extend the license, there must be a written response specifying the reason.”
2. Article 7 is amended as follows:
“Article 7. Licensing agencies
Branch of aquatic.resources exploitation and protection or the unit that is assigned the task of line management on aquatic resources exploitation and protection of central-affiliated provinces and cities issues, extends, re-issues and revokes the license for the organizations and individuals having fish boat registered in provinces.”
Article 2. Annulling a number of Article and clause of Decree No. 14/2009/ND-CP dated February 13, 2009 of the Government amending and supplementing a number of Articles of the Decree No. 59/2005/ND-CP dated May 04, 2005 of the Government on the conditions of production and trading of a number of aquatic sector.
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