THE NATIONAL ASSEMBLY | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 18/2017/QH14 | | |
LAW
On Fisheries[2]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Fisheries.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
This Law prescribes fisheries activities; rights and obligations of organizations and individuals carrying out or involved in fisheries activities; and state management of fisheries.
Article 2. Subjects of application
This Law 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 practicing fishing outside the maritime zones of Vietnam.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Fisheries activities means protection and development of fisheries resources; aquaculture; fishing; and processing, purchase, sale, export and import of aquatic products.
2. Fisheries resources means biological resources living in natural waters which have economic, scientific, tourist and recreational values.
3. Reproduction of fisheries resources means the process of self-restoration or restoration and increase of fisheries resources.
4. Co-management means an approach of management whereby the State shares management powers and responsibilities with community organizations in protecting fisheries resources.
5. Community organization involved in co-management to protect fisheries resources (below referred to as community organization) means an organization of voluntary members who jointly manage, benefit from and protect fisheries resources in a specified geographical area. This organization may have or may not have the legal person status but is recognized and granted co-management rights by a competent state agency.
6. Marine protected area means a type of nature reserve which is established with a specified boundary at sea, on an island or archipelago or in a coastal area to protect the marine biodiversity.
7. Endangered, rare and precious aquatic species means an aquatic species that spends the majority or the whole of its life cycle in the water environment, has special economic, scientific, medical, ecological, scenic and environmental values, and exists with a small population in nature or is threatened with extinction.
8. Indigenous aquatic species means an aquatic species originating from and living in the natural environment in a specified geographical area.
9. Aquatic breeds means aquatic animals, weeds or algae used for seed production or used as seeds for aquaculture, including parental breeds, eggs, sperms, embryos, larvae, body pieces, spores, and seeds.
10. Purebred aquatic breeds means aquatic breeds that are stable in terms of heredity and yield and have the same genotype and phenotype.
11. Aquatic breed nursery means the raising of aquatic larvae through different stages of development to a fry.
12. Experiment of aquatic breeds means the care for, nurture and monitoring of aquatic breeds in certain conditions for a given period in order to identify the distinctiveness, stability, and uniformity in their yield, quality and disease tolerance, as well as assess their adverse impacts.
13. Verification of aquatic breeds means the re-examination and re-assessment of the yield, quality, disease tolerance and properties of aquatic breeds.
14. Aquatic feeds means products that supply nutrients and components beneficial to the development of aquatic animals, including mixed feeds, additives, fresh live feeds, and raw materials.
15. Bio-products, microorganisms, chemicals and products for treatment and improvement of the aquaculture environment (below referred to as aquaculture environment treatment products) means products used to adjust physical, chemical and biological properties of the environment to be favorable to aquaculture.
16. Experiment of aquatic feeds and aquaculture environment treatment products means the process of inspecting, assessing, and identifying the properties, uses and impacts of aquatic feeds and aquaculture environment treatment products on the farming environment and safety of farmed aquatic products.
17. Sea water for aquaculture means a marine area embracing the water body and the seabed with a delimited boundary measured from the mean low water mark of many years outward and used for aquaculture.
18. Fishing means capture activities or supporting capture activities.
19. Supporting capture activities means activities of exploring, searching for and enticing fisheries resources and transporting fisheries resources captured in natural waters.
20. Fishing vessel means an engined watercraft or a non-engined watercraft. Fishing vessels include capture vessels and supporting capture vessels.
21. On-duty fisheries vessel means a specialized vessel or boat performing official duties in surveying and assessing fisheries resources; and in inspecting, patrolling, checking, controlling and supervising fisheries activities.
22. Seaman means the vessel master, chief engineer or a person holding a title as prescribed who is assigned to work on board a vessel or on-duty fisheries vessel.
23. Worker on board a vessel means a person who is not a seaman but is assigned by the vessel owner or vessel master to work on board a vessel or on-duty fisheries vessel.
24. Fishing port means a port exclusively used for vessels, which also covers its land area or water.
25. Port land means a delimited area for construction of piers, warehouses, storage yards, workshops, working offices, service facilities, transport, communication, electricity and water systems, and other auxiliary facilities serving the operation of a fishing port.
26. Port water means a delimited water for establishment of the water in front of the pier, vessel-turning area, anchorage area, transshipment area, channel to the fishing port and other auxiliary facilities.
27. Origin traceability of aquatic products means the monitoring and identification of a unit of aquatic product through each stage of the process of fishing, farming, processing and trade.
28. Impurity means a non-natural component of an aquatic product.
29. Regional fisheries management organization means an organization responsible for coordinating the management and establishment of measures to manage and conserve migratory fish stocks and species in international waters.
Article 4. Ownership of fisheries resources
Fisheries resources come under the all-people ownership with the State acting as the owner’s representative and performing the unified management of these resources. Organizations and individuals are entitled to capture fisheries resources in accordance with law.
Article 5. Principles of fisheries activities
1. Fisheries activities shall be carried out in close combination with assuring national defense and security.
2. Capture of fisheries resources shall be based on their reserves and combined with their protection, reproduction and development without exhausting these resources or affecting biodiversity; prudent, ecosystem-based and scientifically based approach to fisheries management for sustainable development.
3. Fisheries activities must ensure adaptability to climate change; proactive prevention and control of natural disasters; assurance of safety for humans and fishing vessels; prevention and control of aquatic diseases, assurance of food safety and environmental protection.
4. Fisheries activities must ensure the sharing of benefits and responsibilities of organizations and individuals in the capture and utilization of fisheries resources or those operating in the sectors or trades directly affecting fisheries resources.
5. Fisheries activities must satisfy international integration requirements and comply with treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 6. The State’s policies in fisheries activities
1. The State shall adopt policies on investment in:
a/ Researching, surveying, assessing, protecting and reproducing fisheries resources and restoring aquatic ecosystems; preserving original breeds of indigenous and endemic aquatic species having economic value and endangered, rare and precious aquatic species;
b/ Building fishing ports of class I and class II and storm shelters for vessels; essential infrastructure facilities of marine protected areas; and infrastructure facilities of concentrated farming areas and aquatic breed production areas;
c/ Building systems for monitoring and supervising the operation of vessels at sea; national information systems and databases on fisheries; and systems for environmental and disease monitoring and warning in aquaculture.
2. In each period, based on the state budget capacity, the State shall provide support for the following activities:
a/ Science and technology development, giving priority to high, advanced and new technologies in aquatic seed production; production of national and key aquatic products; production of aquatic feeds and aquaculture environment treatment products; and technologies for processing by-products into food or raw materials for other industries;
b/ Development of human resources and vocational training for fisheries activities;
c/ Co-management in fisheries resources protection;
d/ Building large fisheries centers;
dd/ Buying insurance for mariculture and aquaculture on islands; insurance for seamen; and hull and equipment insurance for vessels operating offshore and beyond;
e/ Developing fisheries activities offshore and beyond; restoring production after the occurrence of environmental incidents, natural disasters or diseases; providing support for fishermen during fishing ban periods or for them to change to other occupations in order to reduce inshore fishing intensity;
g/ Building brands for national aquatic products, promoting trade and developing outlet markets for aquatic products.
3. The State shall encourage domestic and foreign organizations and individuals to invest in the activities specified in Clauses 1 and 2 of this Article and the following activities:
a/ Organizing production based on value chains or after partnership and cooperation models;
b/ Applying advanced technologies in aquatic product processing to increase the added value of products and reduce post-harvest losses; building wholesale markets for aquatic products and advertising their brands;
c/ Investing in mariculture and organic aquaculture;
d/ Applying quality control systems in aquatic product production and trading and origin traceability.
Article 7. Prohibited acts in fisheries activities
1. Destroying fisheries resources, aquatic ecosystems, concentrated breeding areas, areas where juveniles of aquatic species concentrate, and habitats of aquatic species.
2. Illegally obstructing the natural migration paths of aquatic species.
3. Encroaching, occupying or harming fisheries resources protection areas or marine protected areas.
4. Fishing, aquaculture, building facilities or other activities which affect the habitats or fisheries resources in strictly protected sub-zones and eco-restoration sub-zones of marine protected areas.
5. Fishing vessels, seagoing vessels and other watercrafts illegally operating in strictly protected sub-zones of marine protected areas, unless in force majeure circumstances.
6. Illegal, unreported and unregulated fishing (below collectively referred to as illegal fishing); buying, selling, transporting, storing, preliminarily processing or processing aquatic products from illegally fished resources or aquatic products containing impurities for trade fraud purposes.
7. Using banned substances and chemicals, poisons, explosives, electric pulse and current, or destructive or extirpative fishing methods, equipment or gear to capture fisheries resources.
8. Using fishing gear in a way that obstructs or causes damage to other organizations or individuals that are fishing; anchoring or parking vessels in areas where are located fishing gears of other organizations or individuals or where other vessels are fishing, unless in force majeure circumstances.
9. Jettisoning fishing gears into natural waters, unless in force majeure circumstances.
10. Putting impurities into aquatic products for trade fraud purposes.
11. Using antibiotics, veterinary drugs or pesticides banned from use in aquaculture; chemicals, bio-products or microorganisms banned from use in the production of aquatic feeds or aquaculture environment treatment products; or farming aquatic animals outside the list of aquatic species permitted for trading in Vietnam.
12. Destroying or dismantling and causing damage to or encroaching upon facilities of fishing ports or storm shelters for vessels; or discharging wastes outside designated areas within fishing ports or storm shelters for vessels.
13. Abusing the survey or assessment of fisheries resources to negatively affect national defense, security, national interests or lawful rights and interests of other organizations or individuals; or providing and exploiting information or using information or data on fisheries resources in contravention of law.
Article 8. International cooperation in the fisheries sector
1. Concluding and implementing treaties and international agreements in the fisheries sector.
2. Supporting and investing resources for the fisheries sector.
3. Training and developing human resources; scientific research and technology development and transfer; exchanging information, trade and experiences in the fisheries sector.
4. Conserving and managing biological resources in international waters and migratory fish species under regulations of regional fisheries management organizations and under the 1982 United Nations Convention on the Law of the Sea.
5. Coordinating in inspecting and handling illegal fishing acts inside and outside the Vietnamese territory under treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 9. The national database on fisheries
1. The national database on fisheries shall be developed uniformly from central to local level and standardized for information technology-aided updating, use and management.
2. Organizations and individuals shall update and exploit the national database on fisheries in accordance with law.
3. The Minister of Agriculture and Rural Development shall prescribe the updating, use and management of the national database on fisheries.
Article 10. Co-management in fisheries resources protection
1. A community organization shall be recognized and granted management rights in protecting fisheries resources when satisfying the following conditions:
a/ Its members are households or individuals living and benefiting from fisheries resources in a given area;
b/ It registers to participate in co-management in protecting fisheries resources in a specified geographical area where management rights are not yet granted to another organization or individual;
c/ It has a fisheries resources protection and exploitation plan and an operation regulation.
2. The competence to recognize and grant management rights to community organizations is prescribed below:
a/ Provincial-level People’s Committees may recognize community organizations and grant management rights in protecting fisheries resources in two or more rural districts;
b/ District-level People’s Committees may recognize community organizations and grant management rights in protecting fisheries resources in areas under their management;
c/ The recognition of community organizations and grant of management rights in protecting fisheries resources in two or more provinces or centrally run cities shall be negotiated and decided by provincial-level People’s Committees of these localities.
3. Principal contents of a decision recognizing and granting management rights to a community organization:
a/ Title of the community organization and full name of its representative;
b/ Scope of granted management rights;
c/ Location and boundary of the geographical area concerned;
d/ Fisheries resources protection and exploitation plan and operation regulation of the community organization.
4. State agencies have the following rights and responsibilities:
a/ To decide to recognize community organizations and grant management rights in protecting fisheries resources;
b/ To assist community organizations in performing co-management;
c/ To inspect and supervise activities of community organizations;
d/ To modify, supplement and revoke decisions on recognition of community organizations and grant of management rights in protecting fisheries resources;
dd/ To exercise other rights and perform other responsibilities as prescribed by law.
5. A community organization has the following rights:
a/ To organize and manage aquaculture, protection and exploitation of fisheries resources, and recreational tourism associated with fisheries activities in the area where it is granted management rights;
b/ To patrol and inspect aquaculture and exploitation, protection and development of fisheries resources in the area where it is granted management rights; to propose competent state agencies to handle violations;
c/ To prevent and stop violations in the area where it is granted management rights in accordance with law and its operation regulation;
d/ To be consulted on projects and activities directly related to the ecosystem or fisheries resources in the area where it is granted management rights;
dd/ To enjoy incentives and supports in accordance with law;
e/ To set up a community fund.
6. A community organization has the following responsibilities:
a/ To properly implement the contents of the decision on its recognition and grant of management rights prescribed in Clause 3 of this Article;
b/ To comply with laws and regulations on fisheries activities and submit to the inspection and examination by competent state agencies in accordance with law;
c/ To join competent agencies in patrol, examination, inspection and investigation activities and preventing, stopping and handling violations in the area where it is granted management rights;
d/ To report on its activities to competent state agencies in accordance with regulations.
7. A decision on recognition and grant of management rights shall be revoked in one of the following cases:
a/ Its contents are erased, deleted or otherwise tampered with;
b/ The community organization is disbanded under its operation regulation or under law;
c/ The community organization fails to properly implements its fisheries resources protection and exploitation plan or operation regulation;
d/ Serving national defense or security or public purposes under a competent state agency’s decision;
dd/ The community organization commits another violation subject to revocation of the decision as prescribed by law.
8. A decision on recognition and grant of management rights shall be modified and/or supplemented upon any change in relation to its contents.
9. The agency that is competent to recognize and grant management rights to community organizations is also competent to revoke, modify and supplement decisions to this effect.
10. The Government shall detail this Article.
Chapter II
PROTECTION AND DEVELOPMENT OF FISHERIES RESOURCES
Article 11. Master plan on protection and exploitation of fisheries resources
1. Bases for formulating a master plan on protection and exploitation of fisheries resources:
a/ The socio-economic development and defense and security strategies;
b/ The fisheries sector development strategy;
c/ The strategy on sustainable exploitation and use of marine and island resources and environmental protection; the biodiversity conservation strategy;
d/ The national master plan;
dd/ The national master plan on marine space;
e/ Master plans and plans on land use;
g/ The environmental protection master plan and biodiversity conservation master plan;
h/ Fisheries resources survey and assessment results;
i/ Current status and forecast of the needs of fisheries resources exploitation and protection;
k/ Other bases as prescribed by the planning law.
2. Principal contents of a master plan on protection and exploitation of fisheries resources:
a/ Assessment of the current status of management, exploitation, protection and development of fisheries resources;
b/ Identification of objectives and orientations for and formulation of the overall plan on management, exploitation, protection and development of fisheries resources;
c/ Geographical locations, areas, boundaries and map of places where marine protected areas and fisheries resources protection areas are expected to be established;
d/ Zoning of fishing areas; number of vessels per fishing gear code; and measures to manage, protect and develop fisheries resources;
dd/ Solutions, programs and plans for implementation; resources for and organization of the implementation of the master plan;
e/ Other contents as prescribed by the planning law.
3. The formulation, approval and adjustment of a master plan on protection and exploitation of fisheries resources are prescribed below:
a/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating master plans on protection and exploitation of fisheries resources and submitting them to the Prime Minister for approval;
b/ The formulation, appraisal, approval, disclosure, implementation and adjustment of master plans on protection and exploitation of fisheries resources must comply with the planning law.
Article 12. Survey and assessment of fisheries resources and habitats of aquatic species
1. Purposes of the survey and assessment of fisheries resources and habitats of aquatic species:
a/ To provide information, data and scientific grounds serving the management and sustainable use of fisheries resources;
b/ To identify the reserves and catchable outputs and assess changes in fisheries resources and the quality of habitats of aquatic species.
2. A program on survey and assessment of fisheries resources and habitats of aquatic species must cover:
a/ Five-year survey and assessment of fisheries resources and habitats of aquatic species nationwide;
b/ Annual surveys and assessments of commercial fishing;
c/ Specialized surveys and assessments of fisheries resources and habitats of aquatic species.
3. The Ministry of Agriculture and Rural Development shall:
a/ Assume the prime responsibility for formulating five-year programs on overall survey and assessment of fisheries resources and habitats of aquatic species nationwide and submit them to the Prime Minister for approval and organize the implementation thereof;
b/ Organize specialized surveys and assessments of fisheries resources;
c/ Disclose results of survey and assessment of fisheries resources and habitats of aquatic species.
4. Provincial-level People’s Committees shall:
a/ Organize specialized surveys and assessments of fisheries resources and habitats of aquatic species and of commercial fishing in their localities under the guidance of the Ministry of Agriculture and Rural Development;
b/ Coordinate in surveying and assessing fisheries resources and habitats of aquatic species prescribed at Point a, Clause 2 of this Article.
5. The Minister of Agriculture and Rural Development shall promulgate the process of, and guide, the survey and assessment of fisheries resources and habitats of aquatic species.
Article 13. Protection of fisheries resources
1. To-be-protected fisheries resources include aquatic species, habitats of aquatic species, concentrated breeding areas, areas where juveniles of aquatic species concentrate and migratory paths of aquatic species.
2. Organizations and individuals have the following responsibilities:
a/ To protect and fish aquatic products in accordance with this Law and other relevant laws;
b/ To create migratory paths or reserve movement corridors for aquatic species when building, repairing or dismantling facilities or carrying out activities related to migratory paths of aquatic species;
c/ To reserve movement corridors for aquatic species when fishing in a stable manner in rivers, lakes or lagoons;
d/ To remediate consequences and compensate for damage caused when discharging wastes, exploring or exploiting natural resources or building or dismantling facilities underwater or in the underwater subsoil which causes depletion or loss of fisheries resources or harm the habitats, concentrated breeding areas, areas where juveniles of aquatic species concentrate or migratory paths of aquatic species;
dd/ To comply with this Law and other relevant laws when carrying out fisheries activities or other activities directly affecting the habitats, migratory paths or breeding grounds of aquatic species.
3. The Ministry of Agriculture and Rural Development has the following responsibilities:
a/ To formulate national programs on protection and development of fisheries resources and submit them to the Prime Minister for approval and organize the implementation thereof;
b/ To draw up and submit to the Government for promulgation a list of endangered, rare and precious aquatic species; criteria for identification, the regime of management and protection, and the order and procedures for exploitation of endangered, rare and precious aquatic species;
c/ To formulate and promulgate plans and measures for management of fisheries resources;
d/ To organize investigation, survey, collection, conservation and storage of original breeds of indigenous and endemic aquatic species having economic value and endangered, rare and precious aquatic species;
dd/ To announce natural migratory paths of aquatic species.
4. The Minister of Agriculture and Rural Development shall prescribe criteria for and promulgate a list of prohibited fishing gear codes and fishing gears banned from use, and a list of areas where fishing is prohibited for a given period.
5. Provincial-level People’s Committees have the following responsibilities:
a/ Additionally prescribe prohibited fishing gear codes and fishing gears and no-fishing areas which have not yet been specified in the lists referred to in Clause 4 of this Article to suit the practical protection and exploitation of fisheries resources in their localities after obtaining approval from the Ministry of Agriculture and Rural Development;
b/ To formulate, and organize the implementation of, plans on protection and development of fisheries resources in their localities in conformity with the Prime Minister-approved national program on protection and development of fisheries resources.
Article 14. Reproduction of fisheries resources and restoration of habitats of aquatic species
1. Reproduction of fisheries resources and restoration of habitats of aquatic species cover:
a/ Researching and applying sciences and technologies to reproduction of fisheries resources and restoration of habitats of aquatic species;
b/ Additionally releasing endangered, rare and precious aquatic species; aquatic species having economic and scientific values; indigenous aquatic species; and endemic aquatic species into natural waters;
c/ Forming artificial habitats for endangered, rare and precious aquatic species; aquatic species having economic and scientific value; indigenous aquatic species; and endemic aquatic species;
d/ Managing rehabilitated aquatic species and restored habitats of aquatic species.
2. The Ministry of Agriculture and Rural Development shall manage, organize the implementation of, and examine and supervise the reproduction of fisheries resources and restoration of habitats of aquatic species nationwide.
3. Provincial-level People’s Committees shall organize the reproduction of fisheries resources and restoration of habitats of aquatic species in their localities.
4. Organizations and individuals are encouraged to participate in the reproduction of fisheries resources and restoration of habitats of aquatic species.
Article 15. Marine protected areas
1. Marine protected areas include national parks, nature reserves, habitat and species management areas, and protected landscapes. The classification of marine protected areas must comply with the law on biodiversity.
2. Criteria for establishing nature reserves and landscape protection zones must comply with the law on biodiversity.
3. Criteria for establishing a national park include:
a/ Having nationally or internationally important marine ecosystems which are typical or representative of a natural ecological area;
b/ Being a regular or seasonal natural habitat of at least one aquatic species prioritized for protection or banned from fishing on the list of endangered, rare and precious species;
c/ Having special scientific-educational values;
d/ Having unique natural landscapes and beauty and eco-tourist value.
4. Criteria for establishing a species-habitat conservation zone:
a/ A national-level species-habitat conservation zone is a regular or seasonal natural habitat of at least one aquatic species prioritized for protection or banned from fishing on the list of endangered, rare and precious species; and has special scientific-educational values;
b/ A provincial-level species-habitat conservation zone is a regular or seasonal natural habitat of at least one endemic or indigenous aquatic species having special scientific-economic values; and has special ecological and environmental values.
Article 16. Establishment of marine protected areas
1. The establishment of a national-level marine protected area must comply with the law on biodiversity.
2. The Minister of Agriculture and Rural Development shall prescribe the order and procedures for formulation and appraisal of a project and contents of a decision on establishment of a provincial-level marine protected area.
3. The responsibility to submit a project on establishment of a national-level marine protected area is prescribed below:
a/ The Ministry of Agriculture and Rural Development shall propose the Prime Minister to decide on the establishment of a marine protected area to be located in two or more provinces or centrally run cities;
b/ The provincial-level People’s Committee shall propose the Prime Minister to decide on the establishment of a marine protected area to be located in its locality after obtaining the written approval from the Ministry of Agriculture and Rural Development.
4. The Ministry of Agriculture and Rural Development shall formulate and submit to the Government for promulgation a Regulation on management of marine protected areas; and send annual reports on management of marine protected areas to the Ministry of Natural Resources and Environment.
Article 17. Fisheries resources protection areas
1. Fisheries resources protection area is the area where at least one aquatic species on the list of endangered, rare and precious aquatic species or indigenous aquatic species or cross-border migratory aquatic species lives or breeds or where its juveniles live regularly or seasonally.
2. The survey and identification of an area for fisheries resources protection are prescribed below:
a/ The Ministry of Agriculture and Rural Development shall survey, identify, and promulgate a list of fisheries resources protection areas nationwide;
b/ Provincial-level People’s Committees shall survey and additionally identify fisheries resources protection areas in their localities and report lists of fisheries resources protection areas to the Ministry of Agriculture and Rural Development for consideration and supplementation.
3. Provincial-level People’s Committees shall manage fisheries resources protection areas in their localities.
4. The Minister of Agriculture and Rural Development shall guide the management of fisheries resources protection areas.
Article 18. Management of fisheries resources and aquatic ecosystems in special-use forests and protection forests
1. Organizations managing special-use forests and protection forests have the following responsibilities:
a/ To include contents on protection and conservation of fisheries resources and aquatic ecosystems in management plans of special-use forests and protection forests;
b/ To manage fisheries resources and aquatic ecosystems in special-use forests and protection forests in accordance with this Law and other relevant laws;
c/ To assign persons who possess professional qualifications in fisheries to manage fisheries resources and aquatic ecosystems;
d/ To assess the current status of fisheries resources and aquatic ecosystems in special-use forests and protection forests and conserve these fisheries resources and aquatic ecosystems;
dd/ To send annual or extraordinary reports on the management of fisheries resources and aquatic ecosystems to the state management agency in charge of fisheries.
2. The state management agency in charge of fisheries shall guide and examine the management of fisheries resources and aquatic ecosystems in special-use forests and protection forests.
Article 19. Management of fisheries resources in wetland reserves
1. An agency that wishes to formulate a project to establish a wetland reserve with fisheries resources shall seek written opinions from the Ministry of Agriculture and Rural Development.
2. Organizations managing wetland reserves have the following responsibilities:
a/ To include contents on protection and conservation of fisheries resources in management plans of wetland reserves;
b/ To manage fisheries resources in wetland reserves in accordance with this Law and other relevant laws;
c/ To assign persons who have professional qualifications in fisheries to manage fisheries resources;
d/ To assess the current status of fisheries resources in wetland reserves;
dd/ To send annual or extraordinary reports on the management of fisheries resources and aquatic ecosystems to the state management agency in charge of fisheries.
3. The state management agency in charge of fisheries shall guide and examine the management of fisheries resources in wetland reserves.
Article 20. Financial sources for protection and development of fisheries resources
1. State budget funds.
2. Fisheries resources protection and development funds.
3. Community funds.
4. Other financial sources as prescribed by law.
Article 21. Fisheries resources protection and development funds
1. Fisheries resources protection and development funds are extra-budgetary state financial funds which shall be formed at central and provincial levels to mobilize social resources for fisheries resources protection and development.
2. The competence to form fisheries resources protection and development funds is prescribed below:
a/ The Minister of Agriculture and Rural Development may decide to form the central fisheries resources protection and development fund;
b/ Chairpersons of provincial-level People’s Committees may decide to form provincial-level fisheries resources protection and development funds based on local demands and mobilizable resources.
3. Operation principles of fisheries resources protection and development funds:
a/ Operating for non-profit purposes;
b/ Providing supports for fisheries resources protection and development programs, projects or non-project activities for which the state budget has not yet allocated any funds or allocated state budget funds are not enough;
c/ Ensuring publicity, transparency, thrift, efficiency, and proper and lawful use.
4. Financial sources forming fisheries resources protection and development funds include:
a/ Voluntary contributions of organizations and individuals that carry out activities affecting fisheries resources, habitats, concentrated breeding areas, areas where juveniles of aquatic species concentrate or migratory paths of aquatic species;
b/ Financial donations, charity funds, and entrustment capital of domestic and foreign organizations and individuals;
c/ Other financial sources as prescribed by law.
5. The Government shall prescribe the functions, tasks, organizational structure, operation mechanisms, management and use of fisheries resources protection and development funds.
Article 22. Community funds
1. Community fund is a social fund formed to support fisheries resources protection and development; the State shall encourage the formation of community funds.
2. Community funds may receive financial supports from fisheries resources protection and development funds and other lawful financial sources.
3. The organization and operation of community funds must comply with the law on funds.
Chapter III
AQUACULTURE
Section 1
AQUATIC BREEDS
Article 23. Management of aquatic breeds
1. Before being sold in the market, aquatic breeds must satisfy the following requirements:
a/ Being on the list of aquatic species permitted for trading in Vietnam;
b/ Having their applicable standards and regulation conformity declared in accordance with law;
c/ Having their quality conformable with the declared applicable standards;
d/ Being quarantined in accordance with law.
2. The Minister of Agriculture and Rural Development shall:
a/ Promulgate national technical regulations on aquatic breeds; prescribe lifespans of parental aquatic breeds; and submit to the Government for promulgation the list of aquatic species permitted for trading in Vietnam;
b/ Guide the inspection of conditions of aquatic breed production and nursery facilities, and quality of aquatic breeds in production, export and import in accordance with this Law and the law on product and goods quality; prescribe the order and procedures for application of technical measures to handle violations related to the quality of aquatic breeds; and guide the updating of information on aquatic breeds into the national database on fisheries.
Article 24. Conditions on an aquatic breed production or nursery facility
1. An organization or individual producing aquatic breeds may be granted a certificate of a facility eligible for aquatic breed production when satisfying the following conditions:
a/ Having physical foundations and equipment for production suitable to the aquatic species concerned; having an isolated place for monitoring the health of newly received aquatic breeds;
b/ Having technicians who have been trained in aquaculture, aquatic animal diseases or biology;
c/ Applying quality control and bio-safety systems;
d/ If producing parental aquatic breeds, having purebred aquatic breeds or aquatic breeds which are recognized after being tested or created from the outcomes of scientific and technological tasks recognized or permitted by a competent agency.
2. An organization or individual nursing aquatic breeds may be granted a certificate of a facility eligible for aquatic breed nursery when satisfying the conditions specified at Points a, b and c, Clause 1 of this Article.
Article 25. Grant, re-grant and revocation of certificates of eligibility for aquatic breed production or nursery
1. The competence to grant, re-grant and revoke certificates of eligibility for aquatic breed production or nursery is prescribed below:
a/ The Ministry of Agriculture and Rural Development may grant, re-grant and revoke certificates of eligibility for production or nursery of parental aquatic breeds;
b/ Provincial-level People’s Committees may grant, re-grant and revoke certificates of eligibility for aquatic breed production or nursery to facilities in their localities, except the case specified at Point a of this Clause.
2. The agency that has the competence to grant a certificate of eligibility for aquatic breed production or nursery shall inspect the maintenance of the prescribed conditions for such facility.
3. A certificate of eligibility for aquatic breed production or nursery shall be re-granted in one of the following cases:
a/ It is lost or damaged;
b/ Information on the certificate holder is changed.
4. A certificate of eligibility for aquatic breed production or nursery shall be revoked in one of the following cases:
a/ Its contents are erased, deleted or otherwise tampered with;
b/ The facility concerned no longer satisfies the conditions specified in Article 24 of this Law;
c/ The facility concerned commits other violations subject to revocation of the certificate as prescribed by law.
5. The Government shall prescribe in detail conditions on aquatic breed production or nursery facilities and time of inspection of the maintenance of such conditions; as well as contents of, order and procedures for grant, re-grant and revocation of, certificates of eligibility for aquatic breed production or nursery.
Article 26. Rights and obligations of organizations and individuals producing or nursing aquatic breeds
1. Organizations and individuals producing or nursing aquatic breeds have the following rights:
a/ To produce or nurse aquatic breeds according to their certificates of eligibility for aquatic breed production or nursery;
b/ To be trained in regulations on aquatic breeds;
c/ To advertise aquatic breeds in accordance with the law on advertising;
d/ To lodge complaints and denunciations and receive compensation for damage in accordance with law.
2. Organizations and individuals producing or nursing aquatic breeds have the following obligations:
a/ To declare applicable standards and conformity with relevant national technical regulations in accordance with the laws on standards and technical regulations and product and goods quality; to ensure and take responsibility for the declared quality of aquatic breeds;
b/ To apply quality control systems to ensure product quality according to the declared standards;
c/ To produce aquatic breeds on the list of aquatic species permitted for trading in Vietnam; to ensure biosafety during aquatic breed production or nursery;
d/ To label aquatic breeds in accordance with the law on goods labels;
dd/ To update information and reports during aquatic breed production or nursery into the national database on fisheries in accordance with regulations;
e/ To make and keep records during aquatic breed production or nursery to serve origin traceability;
g/ To submit to the inspection and examination by competent state agencies in accordance with law;
h/ To comply with regulations on lifespans of parental aquatic breeds.
Article 27. Import and export of aquatic breeds
1. Imported aquatic breeds must have their quality inspected in accordance with law.
2. Organizations and individuals may import aquatic breeds on the list of aquatic species permitted for trading in Vietnam, and shall obtain a license from the Ministry of Agriculture and Rural Development when they wish to import aquatic breeds outside the list of aquatic species permitted for trading in Vietnam for the purpose of experiment, scientific research, or display at fairs or exhibitions.
3. Organizations and individuals may export:
a/ Aquatic breeds which are outside the list of aquatic breeds banned from export;
b/ Aquatic breeds which satisfy the conditions required for those on the list of aquatic breeds subject to conditional export;
c/ Aquatic breeds which are on the list of aquatic breeds banned from export or the list of aquatic breeds subject to conditional export for the purpose of scientific research or international cooperation although failing to satisfy the prescribed conditions, provided they possess a license granted by the Ministry of Agriculture and Rural Development with the approval of the Prime Minister.
4. The Ministry of Agriculture and Rural Development shall consider and decide to examine aquatic breed management and production systems in exporting countries in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party in the following cases:
a/ Assessment for mutual recognition;
b/ Detection of risks which affect the quality, environment or biosafety of aquatic breeds imported into Vietnam.
5. The Government shall detail this Article.
Article 28. Experiment of aquatic breeds
1. The following aquatic breeds shall be experimented:
a/ Aquatic breeds created for the first time in Vietnam through the selection, hybridization, fertilization or use of other technical measures, except aquatic breeds created from the outcomes of scientific and technological tasks recognized or permitted by a competent agency;
b/ Aquatic breeds imported for production and trading which are outside the list of aquatic species permitted for trading in Vietnam.
2. An aquatic breed experiment facility must satisfy the following conditions:
a/ Having at least two technicians who possess a university or higher degree in aquaculture, aquatic animal diseases or biology;
b/ Having physical foundations and technical equipment suitable to aquatic species to be tested;
c/ Satisfying the conditions on biosafety and environmental protection.
3. An aquatic breed experiment facility has the following rights and obligations:
a/ To participate in experimenting aquatic breeds in accordance with law;
b/ To be paid experiment expenses as agreed with organizations and individuals that need a test;
c/ To refuse to provide information relating to the aquatic breed experiment results to a third party, unless it is requested by a competent state agency;
d/ To take responsibility for the experiment results;
dd/ To ensure biosafety and environmental protection during experiment;
e/ To submit to the inspection and examination by competent state agencies in accordance with law.
4. The Government shall detail Clause 2 of this Article; and prescribe the naming of aquatic breeds and contents, order and procedures for experimenting aquatic breeds.
Article 29. Verification of aquatic breeds
1. Aquatic breeds shall be verified in the following cases:
a/ At the request of a competent state agency;
b/ At the request of a complainant or denouncer.
2. The Ministry of Agriculture and Rural Development shall announce aquatic breed experiment facilities eligible for verifying aquatic breeds.
3. An aquatic breed verification facility has the following rights and obligations:
a/ To participate in verifying aquatic breeds in accordance with law;
b/ To be paid verification expenses in accordance with law;
c/ To refuse to provide information relating to the aquatic breed verification results to a third party, unless it is requested by a competent state agency;
d/ To take responsibility for the verification results;
dd/ To ensure biosafety and environmental protection during verification.
Article 30. Labels and transportation documents of aquatic breeds
1. Before being transported, aquatic breeds shall be labeled in accordance with the law on goods labeling.
2. When transporting aquatic breeds, organizations and individuals must have documents on the quality and quarantine of aquatic breeds as prescribed by law.
Section 2
AQUATIC FEEDS AND AQUACULTURE ENVIRONMENT TREATMENT PRODUCTS
Article 31. Management of aquatic feeds and aquaculture environment treatment products
1. Before being sold in the market, aquatic feeds and aquaculture environment treatment products must satisfy the following requirements:
a/ Having their applicable standards and regulation conformity declared in accordance with law;
b/ Having their quality conformable with the declared applicable standards;
c/ Their information has been sent to the Ministry of Agriculture and Rural Development in accordance with law.
2. The Minister of Agriculture and Rural Development shall:
a/ Promulgate the national technical regulation on aquatic feeds and aquaculture environment treatment products;
b/ Promulgate the list of chemicals, bio-products and microorganisms banned from use in aquatic feeds and aquaculture environment treatment products;
c/ Promulgate the list of chemicals, bio-products, microorganisms and feed materials permitted for use in aquaculture in Vietnam based on the experiment results or outcomes of scientific and technological tasks recognized or permitted by a competent state agency or review, survey or assessment results;
d/ Guide the examination of the conditions on facilities producing, buying and selling or importing aquatic feeds and aquaculture environment treatment products; and quality of aquatic feeds and aquaculture environment treatment products in production, export and import in accordance with this Law and the law on product and goods quality; and prescribe the order and procedures for application of technical measures to dispose of aquatic feeds and aquaculture environment treatment products that violate quality regulations;
dd/ Detail Point c, Clause 1 of this Article; and prescribe the naming of, allowable errors in the quality analysis, and technical contents to be publicized in the declared applicable standards of aquatic feeds and aquaculture environment treatment products.
Article 32. Conditions on facilities producing aquatic feeds and aquaculture environment treatment products
1. An organization or individual may be granted a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products when satisfying the following conditions:
a/ Having a production facility located in an area not polluted with hazardous wastes or toxic chemicals;
b/ Having a production zone which is separated from the outside with walls and fences;
c/ Having workshops and equipment which are suitable to each type of products;
d/ Having conditions for quality analysis during production;
dd/ Applying quality control and biosafety systems;
e/ Having technicians who are trained in aquaculture, aquatic animal diseases, biology, chemistry or food technology.
2. The Government shall detail this Article.
Article 33. Conditions on facilities buying and selling or importing aquatic feeds and aquaculture environment treatment products
A facility buying and selling or importing aquatic feeds and aquaculture environment treatment products must satisfy the following conditions:
1. Having places for feeds and treatment products display and storage which are free of pesticides, fertilizers and toxic chemicals;
2. Having equipment and tools for preserving feeds and treatment products as instructed by producers and suppliers.
Article 34. Grant, re-grant and revocation of certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products
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 Ministry of Agriculture and Rural Development may grant, re-grant and revoke certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products for foreign investors and foreign-invested economic organizations;
b/ Provincial-level People’s Committees may grant, re-grant and revoke certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products in their localities, except the case specified at Point a of this Clause.
2. The state agency that is competent to grant a certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products to a facility shall examine such facility in maintaining the prescribed conditions.
3. A certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products shall be re-granted when:
a/ It is lost or damaged;
b/ Information on its holder is changed.
4. A certificate of eligibility for producing aquatic feeds and aquaculture environment treatment products shall be revoked when:
a/ Its contents are erased, deleted or otherwise tampered with;
b/ The facility concerned no longer satisfies the conditions prescribed in Clause 1, Article 32 of this Law;
c/ The facility concerned commits other violations subject to revocation of the certificate as prescribed by law.
5. The Government shall prescribe in detail conditions on facilities buying and selling or importing aquatic feeds and aquaculture environment treatment products; contents and time of examination of the maintenance of the prescribed conditions; and contents of, order and procedures for grant, re-grant and revocation of, certificates of eligibility for producing aquatic feeds and aquaculture environment treatment products.
Article 35. Experiment of aquatic feeds and aquaculture environment treatment products
1. Aquatic feeds and aquaculture environment treatment products shall be tested if they contain chemicals, bio-products, microorganisms or feed materials outside the list referred to at Point b or c, Clause 2, Article 31 of this Law.
2. A facility experimenting aquatic feeds and aquaculture environment treatment products must satisfy the following conditions:
a/ Having technicians who possess a university or higher degree in aquaculture, aquatic animal diseases or biology;
b/ Having physical foundations and technical equipment suitable for experimenting aquatic feeds and aquaculture environment treatment products;
c/ Satisfying the conditions on biosafety and environmental protection.
3. A test of aquatic feeds or aquaculture environment treatment products must include:
a/ Analysis of the components and quality of the feeds or treatment products;
b/ Assessment of the properties and uses of the feeds or treatment products;
c/ Assessment of the feeds’ or treatment products’ toxicity and safety on farmed aquatic animals, the environment and users;
d/ Other contents depending on the characteristics of each feed or treatment product.
4. A facility experimenting aquatic feeds and aquaculture environment treatment products has the following rights and obligations:
a/ To participate in experiment activities in accordance with law;
b/ To be paid experiment expenses in accordance with law;
c/ To refuse to provide information relating to the experiment results to a third party, unless it is requested by a competent state agency;
d/ To take responsibility for the experiment results;
dd/ To ensure biosafety and environmental protection during experiment;
e/ To submit to the inspection and examination by competent state agencies in accordance with law.
5. Provincial-level People’s Committees shall supervise experiment activities in their localities.
6. The Government shall detail Clauses 2 and 3 of this Article; and prescribe the order and procedures for experimenting aquatic feeds and aquaculture environment treatment products.
Article 36. Import and export of aquatic feeds and aquaculture environment treatment products
1. Upon import, aquatic feeds and aquaculture environment treatment products must have their quality inspected.
2. Organizations and individuals may import aquatic feeds and aquaculture environment treatment products that contain chemicals, bio-products, organisms or aquatic feed materials on the list on chemicals, bio-products, microorganisms or feed materials permitted for use in aquaculture in Vietnam; or shall apply for a license from the Ministry of Agriculture and Rural Development if they wish to import aquatic feeds and aquaculture environment treatment products that contain chemicals, bio-products, organisms or aquatic feed materials outside the list referred to at Point b or c, Clause 2, Article 31 of this Law for the purpose of experiment, scientific research, or display at fairs or exhibitions.
3. Aquatic feeds and aquaculture environment treatment products for export must comply with the laws of importing countries and Vietnamese law.
4. The Ministry of Agriculture and Rural Development shall consider and decide to inspect management and production systems for aquatic feeds and aquaculture environment treatment products in exporting countries in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party in the following cases:
a/ Assessment for mutual recognition;
b/ Detection of risks which are likely to affect the quality, food safety, disease freedom or environmental safety of feeds or treatment products imported into Vietnam.
5. The Government shall detail this Article.
Article 37. Tasks of organizations and individuals producing, buying and selling or importing, or using aquatic feeds and aquaculture environment treatment products
1. Organizations and individuals producing aquatic feeds and aquaculture environment treatment products have the following obligations:
a/ To control the quality of such feeds and treatment products during production in accordance with the law on product and goods quality;
b/ To declare applicable standards and conformity with relevant national technical regulations in accordance with law;
c/ To label such feeds and treatment products in accordance with the law on goods labeling; and make and keep records during production to serve origin traceability;
d/ To take responsibility before law for the quality of feeds and treatment products they have produced; to dispose of, recall or destroy poor-quality feeds and products in accordance with law; to compensate for damage caused to buyers and farmers;
dd/ To send information on such feeds and treatment products to the Ministry of Agriculture and Rural Development in accordance with regulations before selling them in the market;
e/ To submit to the inspection and examination by competent state agencies in accordance with law.
2. Organizations and individuals buying and selling or importing aquatic feeds and aquaculture environment treatment products have the following obligations:
a/ To check the origin, expiry date and intactness of feeds and treatment products, and standard or regulation conformity marks (if any);
b/ To take quality preservation measures as instructed by producers in order to maintain the quality of feeds and treatment products;
c/ To send information on feeds and treatment products which are imported for the first time to the Ministry of Agriculture and Rural Development in accordance with regulations before selling them in the market, and declare their applicable standards;
d/ To submit to the inspection and examination of the conditions on facilities and product quality in accordance with law; to dispose of, recall or destroy feeds and treatment products that violate quality or food safety regulations, and compensate for damage caused to farmers in accordance with law.
3. Organizations and individuals using aquatic feeds and aquaculture environment treatment products have the following obligations:
a/ To comply with law and instructions of suppliers and producers in terms of product transportation, storage, preservation and use;
b/ To submit to the product quality inspection and examination by the state management agency in charge of fisheries; to destroy in accordance with law aquatic feeds, aquaculture environment treatment products and farmed aquatic products that violate quality or food safety regulations.
Section 3
AQUACULTURE
Article 38. Conditions on aquaculture facilities
1. An aquaculture facility must satisfy the following conditions:
a/ Its location must comply with regulations on use of land and marine areas for aquaculture;
b/ Having physical foundations and technical equipment suitable to aquatic animals to be farmed and the form of farming;
c/ Complying with the laws on environmental protection, animal health, and occupational safety;
d/ Complying with the law on food safety;
dd/ Making registration, for cage and pen fish farming and key aquatic animals to be farmed.
2. Facilities raising aquatic animals for ornamental, recreational, fine art or cosmetic production purposes must comply with Points a, b, c and dd, Clause 1 of this Article.
3. Organizations and individuals conducting mariculture shall formulate aquaculture projects and apply for an aquaculture license from a competent state agency, except those referred to at Point a, Clause 2, Article 44 of this Law.
4. The Prime Minister shall specify key aquatic animals for farming.
5. The Government shall prescribe in detail conditions on aquaculture facilities; the competence, contents, order and procedures for grant of certificates of eligibility for aquaculture to facilities; competence, contents, order and procedures for registration of cage and pen fish farming and key aquatic animals to be farmed; and contents, order and procedures for licensing mariculture.
Article 39. Competence to license mariculture
1. Provincial-level People’s Committees may grant licenses to Vietnamese organizations and individuals for conducting mariculture in the marine areas within 6 nautical miles from the mean low water mark of many years under their management.
2. The Ministry of Agriculture and Rural Development may grant licenses to Vietnamese organizations and individuals for conducting mariculture in the marine areas beyond 6 nautical miles, marine areas of different provinces and centrally run cities, and marine areas located both within and beyond 6 nautical miles.
3. The Government shall prescribe the grant of mariculture licenses for foreign investors and foreign-invested economic organizations referred to in Clause 1, Article 44 of this Law.
Article 40. Breeding, growing and artificial propagation of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, rare and precious aquatic species
1. Organizations and individuals may carry out breeding, growing and artificial propagation of aquatic species listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, rare and precious aquatic species under this Convention and Vietnamese law.
2. Provincial-level state management agencies in charge of fisheries shall manage, and confirm the origin of, aquatic species listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, rare and precious aquatic species which are farmed or fished from the nature.
3. The Government shall prescribe the order and procedures for confirmation of the origin of aquatic species referred to in Clause 2 of this Article; and conditions, competence, order and procedures for certification of facilities eligible for breeding, growing or artificial propagation of aquatic species listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, rare and precious aquatic species.
Article 41. Environmental monitoring and warning, and disease prevention and control in aquaculture
Environmental monitoring and warning, and disease prevention and control in aquaculture must comply with the law on animal health and other relevant laws.
Article 42. Rights and obligations of organizations and individuals practicing aquaculture
1. Organizations and individuals practicing aquaculture have the following rights:
a/ To be granted land use rights certificates by competent state agencies upon allocation or lease of land for aquaculture under Article 43 of this Law or transfer of the right to use marine areas for aquaculture under Article 44 of this Law;
b/ To be protected by the State when their lawful rights and interests are infringed upon in the course of practicing aquaculture; to be compensated for damage when the State recovers land or marine areas for public, national defense or security purposes during the period they are granted the right to use land or marine areas in accordance with law;
c/ To be informed of the environment and diseases in farming areas and markets of aquatic products, and instructed on aquaculture techniques;
d/ To be supported by the State in restoring production in accordance with regulations in case they suffer damage caused by an epidemic or a natural disaster;
dd/ To be granted by a competent state agency certificates of eligibility for aquaculture when they so request.
2. Organizations and individuals practicing aquaculture have the following obligations:
a/ To practice aquaculture within the specified boundary of their allocated land or marine area and protect common service facilities for aquaculture;
b/ To perform financial obligations related to the use of land or marine areas for aquaculture in accordance with law;
c/ To monitor and supervise the environmental indicators for aquaculture in accordance with law;
d/ To comply with regulations on natural disaster prevention and control; to ensure safety for humans and property in the course of practicing aquaculture; to comply with the laws on food safety, biosafety, and environmental protection;
dd/ To use equipment, aquatic breeds, aquatic feeds, aquatic veterinary drugs, and aquaculture environment treatment products in accordance with law;
e/ To preserve records on aquatic breeds, aquatic feeds, aquatic veterinary drugs, and aquaculture environment treatment products in the course of practicing aquaculture, and other documents on the whole process of aquaculture to serve origin traceability;
g/ To take responsibility before law for aquaculture activities, quality and safety of their farmed aquatic products; to submit to the examination and supervision by competent state agencies in the course of practicing aquaculture;
h/ To update information and reports on aquaculture into the national database on fisheries;
i/ To return land or marine areas used for aquaculture in accordance with law upon receiving decisions on recovery of such areas.
Section 4
ALLOCATION, LEASE AND RECOVERY OF LAND OR MARINE AREAS FOR AQUACULTURE
Article 43. Allocation, lease and recovery of land for aquaculture
The allocation, lease and recovery of land for aquaculture must comply with the land law.
Article 44. Allocation of marine areas for aquaculture
1. The allocation of marine areas for aquaculture shall be based on the national master plan on marine space, provincial master plans, and the law of the sea, ensuring national defense and security.
2. The competence to allocate marine areas without use levy for aquaculture is prescribed below:
a/ District-level People’s Committees may allocate marine areas to Vietnamese individuals who make aquaculture registration dossiers when they have to change from coastal fishing to aquaculture under decisions of competent state agencies or who reside in localities where people live mainly on aquaculture as certified by commune-level People’s Committees. District-level People’s Committees may allocate marine areas within 3 nautical miles from the mean low water mark of many years under their management;
b/ Provincial-level People’s Committees may allocate marine areas to Vietnamese organizations and individuals for performing aquaculture-serving scientific and technological tasks approved by competent state agencies. Provincial-level People’s Committees may allocate marine areas within 6 nautical miles from the mean low water mark of many years under their management;
c/ The Ministry of Natural Resources and Environment may allocate marine areas to Vietnamese organizations and individuals for performing aquaculture-serving scientific and technological tasks approved by competent state agencies. It may allocate marine areas beyond 6 nautical miles, marine areas located both within and beyond 6 nautical miles from the mean low water mark of many years, and marine areas of different provinces and centrally run cities.
3. The competence to allocate marine areas with use levy for aquaculture is prescribed below:
a/ Provincial-level People’s Committees may allocate marine areas for aquaculture for the case specified in Clause 1, Article 39 of this Law;
b/ The Ministry of Natural Resources and Environment may allocate marine areas for aquaculture for the cases specified in Clauses 2 and 3, Article 39 of this Law.
4. The period of allocation of a marine area for aquaculture must not exceed 30 years, counting from the effective date of the allocation decision. Upon the expiration of this period, the State may consider extending it if the organization or individual concerned wishes to continue using the allocated marine area for aquaculture. Multiple extensions may be granted but must not exceed 20 years. The period of allocation of marine areas to Vietnamese organizations and individuals for performing aquaculture-serving scientific and technological tasks must not exceed the performance period of these tasks as approved by competent state agencies.
5. A decision on allocation of a marine area for aquaculture shall be amended and supplemented in the following cases:
a/ There is a change in information on the organization or individual that is allocated the marine area for aquaculture;
b/ There is a change in the contents of the aquaculture registration dossier, scientific and technological tasks or aquaculture project, leading to a change in the contents of the decision.
6. The Government shall prescribe the allocation, use period extension, limits, and use levy rates of marine areas; and amendment and supplementation of decisions on allocation of marine areas for aquaculture.
Article 45. Recovery and requisition of marine areas already allocated for aquaculture
1. The State may recover the whole or part of a marine area already allocated to an organization or individual for aquaculture in one of the following cases:
a/ The organization or individual uses the marine area in contravention of the decision on its allocation for aquaculture; or violates regulations on protection of aquaculture facilities;
b/ The organization or individual has not used part or the whole of the allocated marine area for 24 consecutive months, unless it/he/she can give a plausible reason and such reason is accepted by a competent state agency;
c/ For public, national defense or security purposes;
c/ The organization or individual breaches its/his/her obligations specified in Clause 1, Article 47 of this Law;
dd/ The organization or individual fails to perform the financial obligations specified at Point b, Clause 2, Article 42 of this Law and does not abide by the decision on administrative sanctioning of such failure;
e/ The decision on allocation of the marine area violates the approved master plan on marine space;
g/ The organization or individual no longer satisfies the conditions specified in Article 38 of this Law and fails to take prompt remedies.
2. The State shall decide to requisition marine areas in case of necessity to perform national defense and security tasks, or in case of emergency or occurrence of an environmental incident, or for natural disaster prevention and control. The requisition of marine areas must comply with the law on compulsory purchase and requisition
of property.
3. The agency that is competent to allocate marine areas for aquaculture may decide to recover such areas.
4. The Government shall prescribe the order and procedures for recovery of marine areas already allocated for aquaculture.
Article 46. Rights of organizations and individuals that are allocated marine areas for aquaculture
1. Organizations and individuals that are allocated marine areas for aquaculture have the rights specified in Clause 1, Article 42 of this Law and the following rights:
a/ To use the allocated marine areas for aquaculture;
b/ To return the whole or part of the allocated marine areas;
c/ To use information and data relating to the allocated marine areas in accordance with law.
2. Vietnamese who are allocated by the State marine areas for aquaculture without use levy under Point a, Clause 2, Article 44 of this Law have the rights specified in Clause 1 of this Article and the right to mortgage their own assets attached to the allocated marine areas at Vietnamese credit institutions in accordance with law.
3. Vietnamese organizations and individuals that are allocated by the State marine areas for aquaculture with use levy and pay the use levy on an annual basis have the rights specified in Clause 1 of this Article and the following rights:
a/ To mortgage their own assets attached to the allocated marine areas at Vietnamese credit institutions in accordance with law;
b/ To transfer their own assets attached to the allocated marine areas; if continuing to practice aquaculture in these areas, the transferees will have the rights like the transferors.
4. Vietnamese organizations and individuals that are allocated by the State marine areas for aquaculture with use levy and have paid the use levy for the whole allocation period have the rights specified in Clause 1 of this Article and the following rights:
a/ To mortgage the value of the right to use the allocated marine areas and their own assets attached to such areas within the allocation period at Vietnamese credit institutions in accordance with law;
b/ To transfer the right to use the allocated marine areas and their own assets attached to such areas. Individuals may bequeath the right to use the allocated marine areas within the allocation period in accordance with law. Transferees or heirs of the right to use the allocated marine areas for aquaculture have the rights specified in this Clause;
c/ To contribute as capital the value of the right to use the allocated marine areas and their own assets attached to such areas in accordance with law;
d/ To lease the right to use the allocated marine areas and their own assets attached to such areas within the allocation period. The marine areas may be leased only after they have been invested under projects and are used by the lessees for proper purposes.
5. The Government shall prescribe the return of marine areas and mortgage of the right to use marine areas; lease, contribution as capital and transfer of the right to use allocated marine areas between Vietnamese organizations and individuals; lease, contribution as capital and transfer by Vietnamese organizations and individuals of the right to use allocated marine areas to foreign investors and foreign-invested economic organizations for aquaculture; rights of foreign investors and foreign-invested economic organizations that are allocated or leased, receive contributions as capital, or are transferred the right to use marine areas from Vietnamese organizations and individuals for aquaculture; and compensation in case of recovery of marine areas for public, national defense or security purposes.
Article 47. Obligations of organizations and individuals that are allocated marine areas for aquaculture
Organizations and individuals that are allocated marine areas for aquaculture have the obligations specified in Clause 2, Article 42 of this Law and the following obligations:
1. To refrain from carrying out activities that affect national defense, security, sovereignty or interests at sea;
2. To refrain from obstructing baseline survey and scientific research on marine resources and environment and other lawful activities permitted by competent agencies;
3. To comply with the Government’s regulations, for foreign investors and foreign-invested economic organizations that are allocated or leased, receive as capital contributions, or are transferred the right to use marine areas from Vietnamese organizations and individuals for aquaculture.
Chapter IV
FISHING
Section 1
FISHING IN THE INLAND AND MARITIME ZONES OF VIETNAM
Article 48. Management of fishing areas
1. The Government shall prescribe marine areas for fishing, including coastal areas, inshore areas and offshore areas; and the operation of vessels in maritime zones.
2. The Ministry of Agriculture and Rural Development shall manage offshore fishing activities.
3. Provincial-level People’s Committees shall manage coastal and inshore fishing activities and fishing activities in inland areas in their localities.
Article 49. Sea fishing license quotas
1. Bases for determining sea fishing license quotas:
a/ Results of survey and assessment of reserves of fisheries resources;
b/ Trends of change of fisheries resources;
c/ Total allowable catches of fisheries resources to ensure sustainable fishing;
d/ Structure of fishing gear codes, fished species, and fishing areas;
dd/ The bases specified at Points a, b, c and d of this Clause and species-specific allowable catches, in case of fishing aquatic species migrating long distances or living in stocks. The Ministry of Agriculture and Rural Development shall determine the aquatic species referred to at this Point.
2. Pursuant to Clause 1 of this Article, the Ministry of Agriculture and Rural Development shall determine and allocate fishing license quotas, and species-specific allowable catches in offshore fishing for provinces and centrally run cities.
3. Pursuant to Clause 1 of this Article, provincial-level People’s Committees shall determine fishing license quotas and species-specific allowable catches in coastal and inshore areas under their management.
4. Fishing license quotas shall be announced and adjusted every 60 months. If there are any changes in fisheries resources according to results of specialized surveys and assessments of fisheries resources and annual surveys and assessments of commercial fishing, the Ministry of Agriculture and Rural Development or provincial-level People’s Committees shall adjust species-specific allowable catches.
Article 50. Fishing licenses
1. Organizations and individuals that practice fishing by vessels with the maximum length of 6 meters or more must obtain a fishing license.
2. Organizations and individuals defined in Clause 1 of this Article may be granted a fishing license when satisfying the following conditions:
a/ The fishing license quota has not yet fully allocated, for sea fishing;
b/ Practicing fishing gear codes not on the list of those banned by law;
c/ Possessing vessel safety certificates, for vessels subject to technical supervision and certification;
d/ Their vessels are equipped with information and communication devices under regulations of the Minister of Agriculture and Rural Development;
dd/ Having vessel tracking devices, for vessels with the maximum length of 15 meters or more as prescribed by the Government;
e/ Having vessel registration certificates;
g/ Vessel masters and chief engineers must possess adequate diplomas and certificates under regulations of the Minister of Agriculture and Rural Development;
h/ Satisfying the conditions specified at Points b, c, d, dd, e and g of this Clause, for re-grant of fishing licenses, if they have submitted fishing logbooks under regulations and their vessels are not those engaged in illegal fishing as announced by the Ministry of Agriculture and Rural Development.
3. A fishing license must have the following principal contents:
a/ Name of the license holder;
b/ Registration number of the vessel; name of the vessel, call sign, and International Maritime Organization number (if any);
c/ Permitted fishing gear codes , and maritime zones or marine areas where fishing is permitted;
d/ Fishing period for each fishing gear code;
dd/ Species-specific allowable catches (if any);
e/ Registered fishing port;
g/ Validity period of the license.
4. A fishing license shall be re-granted in one of the following cases:
a/ It is lost or damaged;
b/ There is a change in information on the license holder or registered fishing port;
c/ It expires.
5. A fishing license shall be revoked in one of the following cases:
a/ Its contents are erased, deleted or otherwise tampered with;
b/ Its holder practices illegal fishing beyond the maritime zones of Vietnam;
c/ The vessel is deregistered;
d/ Its holder no longer satisfies all the conditions specified in Clause 2 of this Article.
6. The validity period of a fishing license is prescribed below:
a/ The validity period of a license granted for the first time or re-granted in the case specified at Point c, Clause 4 of this Article must not exceed the remaining validity period of the fishing license quota from the date of its grant;
b/ The validity period of a license re-granted in the case specified at Point a or b, Clause 4 of this Article must equal the remaining validity period of the granted license.
7. A fishing license shall be modified in case of any change in fisheries resources prescribed in Clause 4, Article 49 of this Law. The Ministry of Agriculture and Rural Development or provincial-level People’s Committees shall notify the modification of fishing licenses to vessel owners.
Article 51. Grant, extension, re-grant and revocation of fishing licenses
1. Provincial-level People’s Committees shall grant, extend, re-grant and revoke fishing licenses, except the case specified in Clause 2 of this Article.
2. The Ministry of Agriculture and Rural Development shall grant, extend, re-grant and revoke fishing licenses for foreign organizations and individuals fishing in the maritime zones of Vietnam and for Vietnamese organizations and individuals fishing outside the maritime zones of Vietnam.
3. The Government shall prescribe the contents, and order and procedures for grant, extension, re-grant and revocation, of fishing licenses.
Article 52. Rights and obligations of organizations and individuals practicing fishing
1. Organizations and individuals practicing fishing have the following rights:
a/ To fish in strict accordance with their fishing licenses;
b/ To be informed of fisheries resources, fisheries activities and markets and instructed in fishing technologies and techniques;
c/ To have their lawful rights and interests related to fishing protected by the State.
2. Organizations and individuals practicing fishing have the following obligations:
a/ To comply with their fishing licenses and maintain the conditions specified in Clause 2, Article 50 of this Law;
b/ To implement regulations on safety assurance for fishermen and vessels and on food safety for fished products; to proactively take disaster prevention and control measures; to rescue people or vessels in distress;
c/ To fly the national flag of the Socialist Republic of Vietnam on their vessels when operating; to mark their vessels by maritime zone and mark their fishing gears currently used in fishing grounds under regulations of the Minister of Agriculture and Rural Development;
d/ To submit to the inspection and examination by competent state agencies in accordance with law;
dd/ To participate in the salvage, safeguarding of sovereignty and maintenance of security and order in fishing areas; to denounce violations of the law on fisheries;
e/ To comply with regulations on management of fishing areas and fishing gear codes; sizes of catchable aquatic species and fishing gears; to comply with modifications to their fishing licenses upon receiving provincial-level People’s Committees’ notices of adjustment of species-specific allowable catches;
g/ In the course of fishing, to carry along the originals or certified copies of their fishing licenses, for cases in which such licenses are required, vessel safety certificates for vessels subject to technical supervision and certification, fishing registration certificates, seaman’s books, diplomas and certificates of vessel masters and chief engineers, and identity cards, citizen identification cards, passports or other personal identification papers as required for seamen and workers on board vessels;
h/ To make and submit reports and fishing logbooks under the guidance of the Ministry of Agriculture and Rural Development.
Section 2
FISHING OUTSIDE THE MARITIME ZONES OF VIETNAM
Article 53. Conditions for fishing outside the maritime zones of Vietnam
1. To fish outside the maritime zones of Vietnam, organizations and individuals that fully satisfy the following conditions shall apply for approval or licenses from the Ministry of Agriculture and Rural Development for their vessels fishing in the maritime zones of other countries or territories or for their vessels fishing in the international waters under the management of regional fisheries management organizations, respectively:
a/ They are permitted by competent authorities of the coastal countries or territories concerned or Vietnam is granted a fishing quota by the regional fisheries management organization concerned;
b/ Their vessels fully satisfy the operation conditions and have been registered and possess vessel safety certificates which remain still valid for at least 6 months; they have sufficient safety equipment for people and vessels, and appropriate vessel tracking devices and information and communication equipment;
c/ The vessel masters and chief engineers possess diplomas or certificates granted by competent authorities; seamen and workers on board vessels have bought insurance and possess passports; on a vessel or a group of vessels, there must be at least one person proficient in English or the common language of the country or territory having the maritime zones where the vessel(s) operate(s); and they are not subject to exit ban under law;
d/ They satisfy other conditions required by regional fisheries management organizations and other countries or territories.
2. The Government shall detail this Article.
Article 54. Responsibilities of organizations and individuals fishing outside the maritime zones of Vietnam
1. Vietnamese vessels may fish outside the maritime zones of Vietnam after obtaining approval or a license from the Ministry of Agriculture and Rural Development.
2. To carry out exit and entry procedures in accordance with Vietnamese law and laws of the countries and territories having the maritime zones where their vessels fish.
3. To observe Vietnamese law, treaties to which the Socialist Republic of Vietnam is a contracting party, laws of the coastal countries and territories concerned, and regulations of regional fisheries management organizations managing the international waters where their vessels fish.
4. When in need of help due to an incident, an accident or a peril, seamen and workers on board vessels shall send out emergency signals and promptly contact competent authorities of the nearest country or territory, and notify such to the Vietnamese representations in the nearest country or territory, and provincial-level state management agencies in charge of fisheries or the Ministry of Agriculture and Rural Development.
5. In the course of fishing at sea, vessel masters must carry along the originals or certified copies of relevant papers granted by competent Vietnamese agencies and relevant papers granted by the countries or territories having the maritime zones where their vessels fish.
6. To coordinate with competent agencies in settling cases and issues involving fishermen and vessels they send to fish outside the maritime zones of Vietnam.
7. Vessel owners and vessel masters shall provide seamen with guidance on their rights and responsibilities when fishing outside the maritime zones of Vietnam.
8. Vessel owners shall buy insurance for seamen and workers on board their vessels and incur all expenses arising during the fishing by their vessels outside the maritime zones of Vietnam.
Section 3
FISHERIES ACTIVITIES OF FOREIGN VESSELS IN THE MARITIME ZONES OF VIETNAM
Article 55. Conditions for grant of licenses to foreign organizations and individuals with vessels engaged in fisheries activities in the maritime zones of Vietnam
Foreign organizations and individuals may be granted fisheries licenses for their vessels to carry out fisheries activities in the maritime zones of Vietnam when fully satisfying the following conditions:
1. There is an international agreement or a treaty to which the Socialist Republic of Vietnam or a license or approval of a competent authority of the country having the vessels permitting them to operate in the maritime zones of Vietnam;
2. They have an investment registration certificate granted by a competent state agency, a fishing cooperation project approved by the Prime Minister, or a cooperation project on survey and assessment of fisheries resources, technical training, transfer of technology in fisheries or purchase and transportation of aquatic products in the maritime zones of Vietnam approved by the Ministry of Agriculture and Rural Development or the chairperson of a provincial-level People’s Committee.
The approval of projects on fishing in the maritime zones of Vietnam shall be based on the conditions specified at Points a and b, Clause 2, Article 50 of this Law and on the condition that the vessels are not on the list of illegal vessels made and announced by a competent Vietnamese agency or a regional fisheries management organization or an accredited international organizations;
3. They have vessel registration certificates granted by a competent authority of the country of which the vessels fly the state flag, vessel safety certificates granted by a competent authority of the country of which the vessels fly the state flag which remain valid for at least 6 months, and licenses for use of radio frequency and radio receivers-transmitters granted by a competent Vietnamese agency;
4. They have a list of seamen and workers on board the vessels; vessel masters and chief engineers must possess diplomas and certificates relevant to the types of vessels. Foreign seamen and workers on board foreign vessels engaged in fisheries activities in the maritime zones of Vietnam must be approved by the Ministry of Public Security and Ministry of National Defense and have passports and seaman’s insurance;
5. They have vessel tracking devices as required;
6. There must be at least one person proficient in Vietnamese or English on board each vessel.
Article 56. 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 license must have the following principal contents:
a/ Name and address of the vessel owner;
b/ Vessel registration number; name of the vessel, call sign, and International Maritime Organization number (if any);
c/ Information on the radio frequency for communication;
d/ Marine areas, fishing gear codes, and field of operation of the vessel;
dd/ Places for carrying out exit and entry procedures;
e/ Registered port;
g/ Validity period of the license.
2. The validity period of a license shall be based on the validity period of the investment registration certificate or cooperation project but must not exceed 12 months.
3. Foreign organizations and individuals may have their fisheries licenses extended for multiple times with each extension not exceeding 12 months when satisfying the following conditions:
a/ The investment registration certificate or cooperation project in the fisheries sector remains valid;
b/ They have submitted fishing logbooks or operation reports as required.
4. Foreign organizations and individuals operating in the maritime zones of Vietnamese may be re-granted a license in case it is lost or damaged or has a change in their information while the investment registration certificate or cooperation project in the fisheries sector remains valid.
5. A fisheries license of a foreign organization or individual shall be revoked in one of the following cases:
a/ It is erased or deleted or otherwise tampered with;
a/ The organization or individual operates in contravention of the license;
c/ The investment certificate or cooperation project terminates prior to the expiry date of the license;
d/ The organization or individual no longer satisfies the conditions prescribed in Article 55 of this Law;
dd/ The vessel is destroyed, is sunk and cannot be raised, or is missing;
e/ Aquatic products on board the vessel are illegally fished.
6. The Ministry of Agriculture and Rural Development shall grant, extend, re-grant and revoke licenses for foreign organizations and individuals with vessels engaged in fisheries activities in the maritime zones of Vietnam.
7. The Government shall prescribe the order and procedures for 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.
Article 57. Rights and obligations of foreign organizations and individuals with vessels engaged in fisheries activities in the maritime zones of Vietnam
1. Foreign organizations and individuals with vessels engaged in fisheries activities in the maritime zones of Vietnam have the following rights:
a/ To carry out fisheries activities in the maritime zones of Vietnam according to their licenses;
b/ To be provided with information relating to fisheries activities in accordance with Vietnamese law at their request;
c/ To have their lawful rights and interests protected by the Vietnamese State in the course of carrying out fisheries activities in Vietnam.
2. Foreign organizations and individuals with vessels engaged in fisheries activities in the maritime zones of Vietnam have the following obligations:
a/ To fully pay charges and fees in accordance with Vietnamese law; to buy insurance for supervisors;
b/ To navigate their vessels to enter only the registered port and send a written notice to the Ministry of Agriculture and Rural Development at least 7 working days before sending their vessels into Vietnam, and carry out exit and entry procedures in accordance with Vietnamese law;
c/ When operating in the maritime zones of Vietnam, to carry along the originals or certified copies of their fisheries license granted by a competent Vietnamese agency, vessel safety certificates, license for use of radio frequency for radio receivers-transmitters granted by a competent Vietnamese agency, seaman’s book, and passports of seamen and workers on board the vessels;
d/ To make and submit fishing logbooks by voyage for vessels; to report on operation by voyage for vessels engaged in the survey and assessment of fisheries resources, technical training and transfer of technologies in fisheries, purchase or transportation of aquatic products under regulations of the Minister of Agriculture and Rural Development. These fishing logbooks or operation reports must be in Vietnamese or English;
dd/ To comply with requests of supervisors; to ensure working and living conditions for supervisors; to embark and disembark supervisors at the places approved by the Ministry of Agriculture and Rural Development;
e/ To submit to the inspection, examination and control by competent forces in accordance with Vietnamese law;
g/ When in need of help due to an incident, an accident or a peril, seamen and workers on board vessels shall send out emergency signals and immediately notify such to a concerned Vietnamese agency in the nearest place;
h/ vessels may only sell aquatic products in Vietnam, unless they have export contracts;
i/ In case a foreign vessel terminates operation while the license remains valid, the vessel owner shall send a written report thereon to the Ministry of Agriculture and Rural Development at least 7 working days before the date of termination;
k/ To fly the flags in accordance with the Government’s regulations;
l/ To observe other provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 58. Supervisors on board foreign vessels engaged in fisheries activities in the maritime zones of Vietnam
1. Foreign vessels engaged in fisheries activities in the maritime zones of Vietnam must have supervisors when they are used for:
a/ Fishing;
b/ Investigating fisheries resources;
c/ Providing technical training or transferring technologies in fisheries.
2. A supervisor must satisfy the following conditions:
a/ Being a civil servant or public employee working as a part-time supervisor as assigned by the Ministry of Agriculture and Rural Development;
b/ Being physically fit for going on sea voyages;
c/ Possessing professional qualifications in the field they supervise;
d/ Being proficient in English or a common language of the country or territory of the vessel that is engaged in fisheries activities in the maritime zones of Vietnam.
3. Supervisors shall not be assigned to foreign vessels engaged in fisheries activities in the maritime zones of Vietnam under approved projects or contracts when there are civil servant(s), public employee(s) and/or worker(s) of the Ministry of Agriculture and Rural Development working on board the vessels.
Article 59. Rights and responsibilities of supervisors
1. A supervisor has the following rights:
a/ To request seamen and workers on board the vessel to strictly comply with Vietnamese law and the fisheries license;
b/ To request the vessel master to navigate the vessel to the nearest port if detecting that a foreigner on board or the vessel seriously violates Vietnamese law;
c/ To inspect and supervise operations on the vessel; and fish finders and communication equipment on board the vessel;
d/ To use information and communication equipment of the vessel for performing his/her tasks when necessary;
dd/ To have insurance during the period of performing supervision tasks on board the vessel;
e/ To be provided with working and accommodation conditions on board the vessel by the vessel owner;
g/ To receive salary, work-trip allowance, seagoing allowance and other benefits in accordance with the Government’s regulations;
h/ To receive other supports and allowances from cooperation partners as stated in the cooperation agreement, project or contract.
2. A supervisor has the following responsibilities:
a/ To supervise operations of, and the observance of Vietnamese law by, foreigners and foreign vessels engaged in fisheries activities in the maritime zones of Vietnam;
b/ To fully and promptly report information relating to the operation of foreign vessels to the Ministry of Agriculture and Rural Development as assigned.
Section 4
ILLEGAL FISHING
Article 60. Illegal fishing
1. Acts regarded as illegal fishing include:
a/ Fishing without a license;
b/ Fishing in marine areas where fishing is prohibited or in the period during which fishing is prohibited; fishing and transporting aquatic products banned from fishing; fishing aquatic species of a size smaller than prescribed; and practicing banned fishing gear codes or using banned fishing gears;
c/ Illegally fishing aquatic species on the list of endangered, rare and precious aquatic species;
d/ Illegally fishing in the maritime zones under the management of regional fisheries management organizations or other countries or territories;
dd/ Fishing in excess of prescribed species-specific allowable catches; or fishing outside permitted marine areas or after the fishing license expires;
e/ Concealing, forging or destroying evidence of violations of the regulations on exploitation and protection of fisheries resources;
g/ Obstructing or opposing competent persons in examining or supervising the observance of regulations on exploitation and protection of fisheries resources;
h/ Transshipping or assisting other vessels which have been identified to commit illegal fishing, except in force majeure circumstances;
i/ Failing to equip or fully equip or failing to operate communication equipment and vessel tracking devices as required;
k/ Possessing no certificates of food safety eligibility as required;
l/ Temporarily importing for re-export, temporarily exporting for re-import, transferring from/to border gate or transiting via the Vietnamese territory aquatic species or products originating from illegal fishing;
m/ Failing to make fishing logbooks, recording insufficient and improper information in fishing logbooks, or failing to submit fishing logbooks or reports in accordance with regulations;
n/ Using stateless vessels or vessels of non-member states to illegally fish within the international waters under the management of regional fisheries management organizations;
o/ Using vessels to fish in contravention of the regulations on exploitation and protection of fisheries resources within the international waters not under the management of any regional fisheries management organizations.
2. Organizations and individuals that violate the provisions of Clause 1 of this Article shall, depending on the severity of their violations, be administratively sanctioned or examined for penal liability in accordance with law.
3. The Minister of Agriculture and Rural Development shall prescribe the announcement of the list of illegal vessels.
Article 61. Confirmation and certification of origin of fished products
1. Competent Vietnamese agencies shall confirm or certify that aquatic materials or aquatic products originate from fishing activities in the maritime zones of Vietnam that do not violate regulations on illegal fishing at the request of organizations and individuals.
2. Competent authorities of exporting countries shall certify that imported aquatic materials originate from fishing activities that do not violate of regulations on illegal fishing at the request of importers.
3. Competent Vietnamese agencies shall confirm that exported aquatic products are made of imported aquatic materials at the request of exporters on the basis that such materials are certified by competent authorities of exporting countries that they originate from fishing activities that do not violate regulations on illegal fishing.
4. The Minister of Agriculture and Rural Development shall prescribe the contents, competence, order and procedures for confirmation of aquatic materials and certification of the origin of fished products; confirmation that imported aquatic materials or aquatic products are made of imported aquatic materials that do not originate from illegal fishing.
Chapter V
MANAGEMENT OF VESSELS, ON-DUTY FISHERIES VESSELS,
FISHING PORTS AND STORM SHELTERS FOR VESSELS
Section 1
MANAGEMENT OF VESSELS AND ON-DUTY FISHERIES VESSELS
Article 62. Management of the building, renovation, hire and purchase of vessels
1. Provincial-level People’s Committees shall publicly announce fishing license quotas and numbers of sea fishing licenses to be granted in their localities; issue written approvals of the building, renovation, hire and purchase of vessels operating at sea based on fishing license quotas; develop and publicly announce specific criteria to be applied in their localities and the process of approving dossiers of application for written approval of the building, renovation, hire and purchase of sea vessels; and prescribe the building, renovation, hire and purchase of vessels operating in the inland under their management.
2. Organizations and individuals that wish to build, renovate, hire or purchase vessels with the maximum length of 6 meters or more operating at sea shall obtain approval from provincial-level People’s Committees.
Article 63. Conditions on a fishing vessel building and renovation establishment
An establishment shall be granted a certificate of eligibility for fishing vessel building and renovation when satisfying the following conditions:
1. Having appropriate physical foundations and equipment; having production and business plans suitable to the kinds and sizes of vessels to be built or renovated;
2. Having a quality control division to ensure the products fully satisfy the criteria and conditions on quality, technical safety and environmental protection as prescribed;
3. Having employees meeting production and business requirements;
4. Having a quality management system and technological process meeting requirements.
Article 64. Grant, re-grant and revocation of certificates of eligibility for fishing vessel building and renovation
1. Provincial-level People’s Committees shall grant, re-grant and revoke certificates of eligibility for fishing vessel building and renovation.
2. A certificate of eligibility for fishing vessel building and renovation shall be re-granted in one of the following cases:
a/ It is lost or damaged;
b/ Information on the certificate holder is changed.
3. A certificate of eligibility for fishing vessel building and renovation shall be revoked in one of the following cases:
a/ Its contents are erased, deleted or otherwise tampered;
b/ The establishment no longer satisfies the conditions specified in Article 63 of this Law;
c/ The establishment commits other violations subject to revocation of the certificate as prescribed by law.
4. The Government shall prescribe in detail conditions on, and the order and procedures for grant, re-grant and revocation of certificates of eligibility for fishing vessel building and renovation.
Article 65. Rights and obligations of fishing vessel building and renovation establishments
1. Fishing vessel building and renovation establishments have the following rights:
a/ To build and renovate fishing vessels in accordance with regulations;
b/ To collect expenses for fishing vessel building and renovation as agreed upon;
c/ Other rights prescribed by law.
2. Fishing vessel building and renovation establishments have the following obligations:
a/ To build and renovate fishing vessel which are required to have fishing licenses only when the organizations or individuals requesting fishing vessel building and renovation possess written approvals granted by provincial-level People’s Committees;
b/ To submit to technical supervision by technical supervision and certification organizations;
c/ To build and renovate fishing vessels strictly according to the designs appraised and approved by technical supervision and certification organizations;
d/ To take responsibility for the quality of built and renovated fishing vessels;
dd/ To make periodical and extraordinary reports on fishing vessel building and renovation under the guidance of the Ministry of Agriculture and Rural Development.
Article 66. Export and import of fishing vessels and bareboat charter
1. The export of fishing vessels must comply with requests of importing countries.
2. An organization or individual may be granted by the Ministry of Agriculture and Rural Development a license for the import of a fishing vessel for fishing when satisfying the following conditions:
a/ Complying with the determined quotas of the fishing license;
b/ The fishing vessel has a lawful origin;
c/ The fishing vessel has a steel hull or new-material hull;
d/ The fishing vessel has the maximum length of 24 meters or more;
dd/ The age of the vessel’s hull and main engine does not exceed 5 years and 7 years, respectively, counting from the year of building to the time of import;
e/ Possessing a fishing vessel safety certificate which remains valid for at least 6 months, granted by a technical supervision and certification organization of the country having the vessel.
3. An organization or individual may be granted by the Ministry of Agriculture and Rural Development a license for bareboat charter when satisfying the conditions prescribed at Points a, b, c, d and e, Clause 2 of this Article; the age of the vessel’s hull and main engine does not exceed 8 years and 10 years, respectively, counting from the year of building to the time of charter; and the charter period does not exceed 5 years.
4. The Government shall prescribe the order and procedures for grant of licenses for the import of fishing vessels and bareboat charter; and the donation or provision of fishing vessels as aid.
Article 67. Assurance of technical safety for fishing vessels
1. Fishing vessels of the maximum length of 12 meters or more shall be subject to technical supervision and certification and classification and shall be granted safety certificates.
2. The fishing vessels prescribed in Clause 1 of this Article that are built or renovated shall be subject to technical safety and quality supervision by technical supervision and certification organizations according to appraised design dossiers that shall grant relevant papers under regulations.
3. Fishing vessels other than those prescribed in Clause 1 of this Article shall be installed with equipment to ensure their technical safety in the course of operation.
4. The Minister of Agriculture and Rural Development shall detail this Article.
Article 68. Conditions on technical supervision and certification organizations for fishing vessels
1. An organization or individual may be granted a certificate of eligibility for technical supervision and certification of fishing vessels when satisfying the following conditions:
a/ Being established in accordance with law;
b/ Having physical foundations and technical equipment meeting the prescribed requirements;
c/ Having a contingent of technical supervision and certification officers meeting the prescribed requirements;
d/ Having an appropriate quality management system.
2. The Government shall detail this Article.
Article 69. Grant, re-grant and revocation of certificates of eligibility for technical supervision and certification of fishing vessels
1. The Ministry of Agriculture and Rural Development shall grant, re-grant and revoke certificates of eligibility for technical supervision and certification of fishing vessels; and inspect the maintenance of the prescribed conditions every 24 months.
2. A certificate of eligibility for technical supervision and certification of fishing vessels shall be re-granted in one of the following cases:
a/ It is lost or damaged;
b/ There is a change in information about the certificate holder.
3. A certificate of eligibility for technical supervision and certification of fishing vessels shall be revoked in one of the following cases:
a/ Its contents are erased, deleted or otherwise tampered;
b/ The organization illegally carries out technical supervision and certification of fishing vessels;
c/ The organization no longer satisfies the conditions specified in Clause 1, Article 68 of this Law;
d/ The organization commits a violation which is subject to certificate revocation as prescribed by law.
4. The Minister of Agriculture and Rural Development shall promulgate national technical regulations on classification and building of fishing vessels; prescribe the order and procedures for recognition of eligibility for technical supervision and certification of fishing vessels; and prescribe criteria and professional training for technical supervision and certification officers; and issue and revoke cards or technical seals of technical supervision and certification officers for fishing vessels.
Article 70. Rights and obligations of technical supervision and certification organizations and technical supervision and certification officers
1. Technical supervision and certification organizations for fishing vessels have the following rights and obligations:
a/ To carry out technical supervision and certification of fishing vessels in accordance with law;
b/ To request fishing vessel owners or fishing vessel building and renovation establishments to provide documents on technical designs and create necessary conditions in the field for the technical supervision and inspection by technical supervision and certification officers and ensure safety for them while performing their tasks;
c/ To be paid expenses for technical supervision and certification in accordance with law;
d/ To carry out technical supervision of built or renovated fishing vessels under regulations;
dd/ Heads of technical supervision and certification organizations shall take responsibility before law for results of technical supervision and certification and grant safety fishing vessel certificates;
e/ To comply with instructions and submit to inspection and examination in accordance with law;
g/ To make periodical and extraordinary reports on technical supervision and certification of fishing vessels under the guidance of the Ministry of Agriculture and Rural Development.
2. Technical supervision and certification officers for fishing vessels have the following rights and obligations:
a/ To sign, and use seals or prints when making, documents on technical supervision and certification for fishing vessels and equipment installed thereon under regulations;
b/ To refuse to carry out technical inspection when the prescribed conditions for technical supervision and certification are not satisfied;
c/ To maintain their opinions that are different from the decisions of the heads of technical supervision and certification organizations regarding conclusions on assessment of technical conditions of fishing vessels and equipment installed thereon;
d/ To carry out technical supervision and certification according to national technical regulations on classification and building of vessels;
dd/ To take responsibility for the results of inspection of technical safety and classification of fishing vessels.
Article 71. Registration of fishing vessels
1. Fishing vessels of the maximum length of 6 meters or more shall be registered in the national register of fishing vessels and granted fishing vessel registration certificates under regulations. Fishing vessels of the maximum length of under 6 meters shall be counted by commune-level People’s Committees for management.
2. The validity period of a fishing vessel registration certificate is prescribed as follows:
a/ Indefinite fishing vessel registration certificates shall be granted for fishing vessels that are built, renovated, imported, purchased and sold, donated or provided as aid;
b/ The validity period of a fishing vessel registration certificate must equal the charter period, in case of bareboat charter.
3. A fishing vessel may be granted a fishing vessel registration certificate when satisfying the following conditions:
a/ Having documents proving the lawful ownership of the fishing vessel;
b/ Possessing a fishing vessel safety certificate, for fishing vessels subject to technical supervision and certification;
c/ Possessing a fishing vessel registration suspension certificate, in case of bareboat charter; or a fishing vessel deregistration certificate, in case of import, purchase and sale, donation, or change in the provincial-level locality in which the registration is carried out;
d/ The fishing vessel owner’s head office or place of permanent residence registration is located in Vietnam.
4. Provincial-level People’s Committees shall grant fishing vessel registration certificates in their localities.
5. The Minister of Agriculture and Rural Development shall prescribe the order and procedures for registration and deregistration of fishing vessels.
Article 72. Deregistration of fishing vessels
1. A fishing vessel shall be deregistered in one of the following cases:
a/ It has been destroyed, dismantled or sunk irrecoverably;
b/ It is missing 1 year after the date of official notification in the mass media;
c/ It is exported, sold, donated or provided as aid;
d/ At the request of its owner.
2. Upon deregistration of a fishing vessel, the agency competent to make registration shall revoke the fishing vessel registration certificate, delete the name of the fishing vessel from the national register of fishing vessels and grant a fishing vessel deregistration certificate to the vessel owner.
Article 73. Rights and obligations of fishing vessel owners
1. To choose an eligible technical supervision and certification organization to carry out technical supervision and certification of their fishing vessels.
2. To comply with the regulations on technical supervision and certification of fishing vessels.
3. To ensure working and living conditions, safety, working regime, and lawful rights and interests for seamen and workers on board fishing vessels.
4. To assign seamen according to the fishing vessel’s minimum safe manning under the regulations of the Minister of Agriculture and Rural Development.
5. To purchase accident insurance and other types of compulsory insurance for seamen and workers on board fishing vessels under regulations. To pay travel and living costs necessary for repatriation of seamen or workers on board fishing vessels when they are requested to leave the fishing vessels by the vessel masters.
6. To take responsibility for fishing vessels’ illegal fishing.
Article 74. Seamen and workers on board fishing vessels
1. Seamen and workers on board fishing vessels must fully satisfy the following conditions:
a/ Being Vietnamese citizens, or foreigners permitted to work on board fishing vessels;
b/ Possessing identity cards, citizen identification cards, passports or other personal identification papers as prescribed;
c/ Meeting health and working age requirements;
d/ Possessing professional degrees and certificates relevant to their titles.
2. Seamen and workers on board fishing vessels have the following rights:
a/ To enjoy the working regime and lawful rights and interests when they work on board fishing vessels in accordance with the labor law;
b/ To refuse to work on board the fishing vessels which fail to satisfy the safety requirements;
c/ To be assigned to hold appropriate job titles on board the fishing vessels.
3. Seamen and workers on board fishing vessels have the following obligations:
a/ To observe Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party;
b/ To obey the vessel masters’ commands; to take the initiative in preventing accidents occurring to themselves and incidents occurring to the fishing vessels;
c/ When detecting dangerous circumstances on board the fishing vessels, to immediately report such to the vessel masters or the workers on watch;
d/ To comply with the labor law.
4. The Minister of Agriculture and Rural Development shall prescribe job titles of seamen and job title-based tasks; the manning of fishing vessels; professional criteria and certificates of seamen; registration of seamen; seaman’s books; and criteria for foreign seamen working on board Vietnamese fishing vessels.
Article 75. Masters of fishing vessels
1. The vessel master is the supreme commander on board a fishing vessel and commands the vessel according to the single-leader regime.
2. The vessel master has the rights defined in Clause 2, Article 74 of this Article and the following rights:
a/ To represent the fishing vessel owner and persons with interests related to property or aquatic products in the course of carrying out fisheries activities or during fishing;
b/ To refuse to operate the fishing vessel if seeing that the fishing vessel fails to meet the safety requirements for people and fishing vessels, and food safety, maritime safety and environmental pollution prevention requirements;
c/ To refuse to recruit seamen or workers on board fishing vessels who fail to have professional qualifications required for their job titles or who commit illegal acts or compel them to leave the fishing vessels;
d/ To request rescue or salvage in case the fishing vessel is in distress;
dd/ To decide to employ urgent measures for taking the fishing vessel to a safe place in case of emergency.
3. The vessel master has the obligations defined in Clause 3, Article 74 of this Article and the following obligations:
a/ To instruct, assign and urge seamen and workers on board the fishing vessel to comply with regulations on maritime safety, labor safety, food safety and environmental protection;
b/ To check seamen, workers on board the fishing vessel, equipment and documents of the fishing vessel, seamen and workers on board the fishing vessel before the fishing vessel leaves the wharf;
c/ To update information on location of the fishing vessel, the number of seamen and workers on board the fishing vessel in accordance with law; to produce relevant documents to competent agencies upon request;
d/ In case of a natural disaster, to urge seamen and workers on board the fishing vessel to stay ready for response to the disaster, and instruct the vessel to anchor and shelter from the disaster;
dd/ In case the fishing vessel meets with an accident, to promptly take response measures and notify such to the nearest coastal radio station or a competent agency;
e/ In case a worker on board the fishing vessel is in distress, to take all possible remedies. In case there is a dead person, to keep his/her property and testament and, at the same time, notify such to the nearest coastal radio station, the fishing vessel owner, the dead person’s family or a competent agency;
g/ To let the fishing vessel enter only the port on the list of designated fishing ports announced by the Ministry of Agriculture and Rural Development, for fishing vessels operating in offshore areas seaward;
h/ If having to leave the fishing vessel in force majeure circumstances, to be the last to leave the vessel;
i/ If detecting another fishing vessel meeting with an accident, to steer his/her vessel to provide prompt rescue and notify such to the nearest coastal radio station or a competent agency; to obey the competent agency’s order to use his/her fishing vessel for search and rescue;
k/ To make and submit fishing logbooks; to submit fishing reports; to confirm the output of fished products;
l/ To take responsibility for his/her fishing vessel’s illegal fishing.
4. Upon detecting a criminal act red-handed or a wanted person on board the fishing vessel which has left the port, the vessel master has the following rights and obligations:
a/ To arrest, or order the arrest of, the person caught red-handed or the wanted person;
b/ To take all necessary measures to stop such act and compile files as prescribed by law;
c/ To protect evidence and deliver the arrested person together with relevant files to a competent agency when his/her vessel arrives at the first Vietnamese fishing port or to a Vietnamese on-duty vessel, or to notify such act to the nearest Vietnamese representative mission and to follow the instructions given by such agency, if the vessel operates outside the maritime zones of Vietnam.
Article 76. Management of on-duty fisheries vessels
1. On-duty fisheries vessels shall be subject to registration and technical supervision and certification under regulations.
2. Organizations assigned to manage on-duty fisheries vessels may choose suitable technical supervision and certification organizations.
3. Seamen and workers on board on-duty fisheries vessels shall comply with the laws on civil servants, public employees, maritime, and labor.
4. The Minister of Agriculture and Rural Development shall prescribe the registration of on-duty fisheries vessels, job titles, job title-based tasks and manning of on-duty fisheries vessels.
Section 2
FISHING PORTS AND STORM SHELTERS FOR FISHING VESSELS
Article 77. Master plan on and investment in building a system of fishing ports and storm shelters for fishing vessels
1. The master plan on the national system of fishing ports and storm shelters for fishing vessels must conform with the fisheries development strategy and other relevant master plans and ensure national defense and security.
2. Investment in building fishing ports and storm shelters for fishing vessels must comply with the approved master plan on the national system of fishing ports and storm shelters for fishing vessels and the laws on investment and construction and other relevant laws.
3. The Ministry of Agriculture and Rural Development shall formulate the master plan on the national system of fishing ports and storm shelters for fishing vessels and submit it to the Prime Minister for approval; publicize, and guide and inspect implementation of, the approved master plan; and manage the national system of fishing ports and storm shelters for fishing vessels in accordance with law.
Article 78. Classification of fishing ports
1. A class-I fishing port must satisfy the following criteria:
a/ It is located in a place where fishing vessels of many provinces and centrally run cities and foreign vessels load and unload aquatic products and provide other fisheries services; and it is the region’s center for distribution of aquatic commodities;
b/ At least 90% of its main equipment for cargo loading and unloading is mechanized;
c/ Its water area is at least 20 ha;
d/ The depth of the channel to the port and of the water in front of the pier complies with the Government’s regulations;
dd/ Its land area is at least 4 ha, or 1 ha, for a fishing port on an island; working offices and technical infrastructure facilities comply with the laws on food safety, environmental protection, and fire and explosion prevention and fighting;
e/ Its throughput capacity of aquatic commodities is at least 25,000 tons per year, or 3,000 tons per year, for a fishing port on an island.
2. A class-II fishing port must satisfy the following criteria:
a/ It is located in a place where fishing vessels of a number of provinces and centrally run cities load and unload aquatic products and provide other fisheries services; and it is a locality’s center for distribution of aquatic commodities;
b/ At least 70% of its main equipment for cargo loading and unloading is mechanized;
c/ Its water area is at least 10 ha;
d/ The depth of channel to the port and of the water in front of the pier complies with the Government’s regulations;
dd/ Its land area is at least 2.5 ha, or 0.5 ha, for a fishing port on an island; working offices and technical infrastructure facilities comply with the laws on food safety, environmental protection, and fire and explosion prevention and fighting;
e/ Its throughput capacity of aquatic commodities is at least 15,000 tons per year, or 1,000 tons per year, for a fishing port on an island.
3. A class-III fishing port must satisfy the following criteria:
a/ It is located in a place that attracts fishing vessels of the localities in a province or centrally run city;
b/ Its land area is at least 0,5 ha, or 0,3 ha, for a fishing port on an island; working offices and technical infrastructure facilities comply with the laws on food safety, environmental protection, and fire and explosion prevention and fighting.
Article 79. Opening and closure of fishing ports
1. A fishing port shall be opened when satisfying the following conditions:
a/ Satisfying the criteria prescribed in Article 78 of this Law;
b/ Having the fishing port management organization;
c/ Having a plan for operation and use of the fishing port.
2. A fishing port shall be closed in one of the following cases:
a/ The fishing port management organization is suspended from operation or terminates operation in accordance with law;
b/ The depth of the channel to the port and of the water in front of the pier fails to satisfy the prescribed criteria for class-I or class-II fishing ports;
c/ A class-I fishing port no longer satisfies the criteria specified at Points b, c and dd, Clause 1, Article 78 of this Law while no prompt remedies are taken;
d/ A class-II fishing port no longer satisfies the criteria specified at Points b, c and dd, Clause 2, Article 78 of this Law while no prompt remedies are taken;
dd/ A class-III fishing port no longer satisfies the criteria specified at Point b, Clause 3, Article 78 of this Law while no prompt remedies are taken.
3. The competence to announce the opening and closure of fishing ports is prescribed as follows:
a/ The Ministry of Agriculture and Rural Development may announce the opening and closure of class-I fishing ports;
b/ Provincial-level People’s Committees may announce the opening and closure of class-II fishing ports;
c/ District-level People’s Committees may announce the opening and closure of class-III fishing ports.
4. The Government shall prescribe contents, order and procedures for announcing the opening and closure of fishing ports.
Article 80. Management of fishing ports
1. Fishing port management organizations shall be established and operate in accordance with law.
2. Fishing port management organizations shall be assigned to manage and operate infrastructure facilities of fishing ports, port land, and port waters; and manage supporting fisheries services within fishing ports.
3. The lease or operation in part or in whole of fishing ports invested by the state budget or in the form of public-private partnership must comply with the law on management and use of public property and other relevant laws.
Article 81. Rights and obligations of fishing port management organizations
1. Fishing port management organizations have the following rights:
a/ To lease infrastructure facilities to organizations and individuals for production and business in port land and port waters under approved plans for operation of fishing ports in accordance with law;
b/ To refuse to allow people and fishing vessels that fail to comply with fishing ports’ internal rules to enter the fishing ports, or request them to leave the fishing ports;
c/ To refuse to lease infrastructure facilities to the producers and traders in the port land and port waters that fail to comply with fishing ports’ internal rules or signed contracts, or request them to leave the port land and port waters;
d/ To collect charges and service prices in fishing ports in accordance with law;
dd/ To handle, or request local competent agencies to handle cases in order to ensure security and order, food safety, environmental protection, and fire and explosion prevention and fighting in fishing ports.
2. Fishing port management organizations have the following obligations:
a/ To issue the internal rules of the fishing ports and publicize them at the fishing ports;
b/ To guide and arrange vessels to enter and leave the fishing ports or anchor in the port waters; to ensure safety and convenience for people and vessels within the fishing ports;
c/ To coordinate with competent state agencies in inspecting and controlling activities of producers and traders in fishing ports, ensuring security and order, food safety, environmental protection, and fire and explosion prevention and fighting in fishing ports; to take the initiative in remedying consequences of accidents and environmental pollution at fishing ports;
d/ To regularly provide information on weather on the information systems of the fishing ports; to assign officers to be on duty and hang warning signals in case of natural disasters under regulations; to notify competent state agencies of the list of fishing vessels anchoring in the port waters and the number of people on board the vessels;
dd/ To comply with the inspection, examination and supervision by competent state agencies in term of food safety, environmental protection, security and order, fire and explosion prevention and fighting, and other related fields within fishing ports;
e/ To coordinate with, and arrange working places for, competent state agencies to inspect, examine and control the observance of the laws on management of fishing activities, protection of fisheries resources, control of illegal fishing activities, food safety and other relevant fields on fishing vessels and in fishing ports;
g/ The head of a fishing port management organization shall make statistics of the port’s throughput of aquatic products, confirm the origin of fished products under regulations, receive fishing logbooks and reports from fishing vessels that enter the port, summarize them and submit periodical or extraordinary reports to competent state agencies under the guidance of the Ministry of Agriculture and Rural Development;
h/ To refuse to allow the loading and unloading of aquatic products from illegally fishing vessels at the ports and notify such to competent state agencies for consideration and handling under regulations;
i/ In case foreign vessels enter the ports, to immediately notify such to the local competent agency for coordination in management;
k/ To coordinate with the maritime safety assurance agency in notifying the situation of navigable channels and signaling buoys, ensuring safety for fishing vessels that enter and leave the fishing ports;
l/ To formulate plans for, and organize, the maintenance of infrastructure facilities of the fishing ports to ensure safety for people and vessels operating in fishing ports.
Article 82. Provisions on Vietnamese fishing vessels entering and leaving fishing ports
1. At least 1 hour before his/her vessel enters a fishing port, the vessel master shall notify the fishing port management organization of the registration number, size and type of the fishing vessel, service requirements and other requirements (if any), except in force majeure circumstances.
2. When his/her vessel enters a fishing port, the vessel master shall comply with the vessel mobilization by the fishing port management organization and the internal rules of the fishing port.
3. Vessel owners and masters shall comply with inspection, examination and control and the laws on exploitation and protection of fisheries resources, food safety, environmental protection, and fire and explosion prevention and fighting; and ensure safety for people and fishing vessels.
4. At least 1 hour before his/her vessel leaves a fishing port, the vessel master shall notify such to the fishing port management organization.
5. A fishing vessel may not leave a fishing port in the following cases:
a/ It fails to satisfy the safety conditions for people and fishing vessels;
b/ It commits an illegal act which is subject to temporary detention of vessels as prescribed by law;
c/ It is arrested or temporarily detained under a warrant according to the decision issued by a court or competent agency.
Article 83. Provisions on foreign vessels engaged in fisheries activities in Vietnam that enter and leave fishing ports
1. A foreign vessel may enter only the fishing port stated in the fisheries license or the fishing port approved by the Ministry of Agriculture and Rural Development.
2. At least 24 hours before a vessel enters a fishing port, the vessel master shall notify the fishing port management organization of the name, call sign, registration number, size and type of the vessel, the agency granting the fishing license, output of aquatic products and aquatic species on board the vessel, expected time for the vessel to enter the port, and demand for assistance, if any.
3. When his/her vessel enters a fishing port, the vessel master shall comply with the port’s internal rules and the vessel mobilization by the fishing port management organization; and produce and declare the following information and papers:
a/ The seaman’s book and passports of people on board the vessel;
b/ The license for carrying out fisheries activities in the maritime zones of Vietnam;
c/ Purposes of entering the fishing port;
d/ Time of the voyage;
dd/ Volume and kinds of aquatic species fished or transshipped on board the vessel, for fishing vessels or vessels transporting aquatic products;
e/ Fishing position and marine areas, output of on-board aquatic products, for fishing vessels.
4. In case the vessel master produces documents on fishing confirmed by a competent foreign agency, the information mentioned at Points d, dd and e, Clause 3 of this Article is not required to be declared.
5. The vessel master, seamen and persons on board the vessel shall carry out procedures for exit and entry, customs and quarantine in accordance with law.
6. At least 12 hours before his/her vessel leaves a fishing port, the vessel master shall notify such to the fishing port management organization.
7. For a vessel that enters a fishing port in a force majeure circumstance, immediately after the entry, the vessel master or helmsman shall:
a/ Notify the fishing port management organization of the status of the vessel and the number of people on board the vessel; prove the force majeure circumstance; and state the demand for assistance;
b/ Comply with Clause 5 of this Article.
8. Vessel owners and masters shall create favorable conditions for, comply with inspection, examination and control, and the laws on exploitation and protection of fisheries resources, food safety, environmental protection, and fire and explosion prevention and fighting; and ensure safety for people and vessels.
9. Vessel owners and masters shall pay expenses under regulations.
Article 84. Classification of storm shelters for fishing vessels
1. A regional-level storm shelter for fishing vessels must satisfy the following criteria:
a/ It is located near fishing grounds where fishing vessels of many provinces and centrally run cities operate, ensuring the shortest time for fishing vessels to anchor and shelter from storms;
b/ Natural conditions in the shelter are convenient and safe for fishing vessels to anchor and shelter from storms;
c/ It can accommodate at least 1,000 fishing vessels to anchor.
2. A provincial-level storm shelter for fishing vessels must satisfy the following criteria:
a/ It is located near traditional fishing grounds of the related province or centrally run city, ensuring the shortest time for fishing vessels to anchor and shelter from storms;
b/ Natural conditions in the shelter are convenient and safe for fishing vessels to anchor and shelter from storms;
c/ It can accommodate at least 600 fishing vessels to anchor.
Article 85. Management of storm shelters for fishing vessels
1. While being used for fishing vessels to shelter from storms, storm shelters shall be managed and operated by the local commanding committees for natural disaster prevention and control and search and rescue.
2. While not used for fishing vessels to shelter from storms, storm shelters shall be managed and used as follows:
a/ Storm shelters whose waters are adjacent to the port waters shall be managed and used by fishing port management organizations in accordance with law;
b/ Storm shelters whose waters are not adjacent to the port waters shall be managed and used by appropriate organizations as assigned by provincial-level People’s Committees in accordance with law.
3. Organizations assigned to manage and use storm shelters for fishing vessels shall formulate plans for repairing and maintaining such storm shelters and may use state budget funds for implementing these plans.
4. Provisions on fishing vessels entering and leaving storm shelters:
a/ In case of natural disasters, fishing vessels and vessels of other types may enter storm shelters without paying charges;
b/ When a fishing vessel enters a storm shelter, its master or helmsman shall comply with the control and instructions of the commanding committee for natural disaster prevention and control and search and rescue;
c/ When a fishing vessel has safely anchored, its master or helmsman shall notify the commanding committee for natural disaster prevention and control and search and rescue of the name, registration number and status of the vessel, the number of people on board the vessel, and other demands, if any;
d/ A fishing vessel may leave the storm shelter only under a notice or an order issued by the commanding committee for natural disaster prevention and control and search and rescue;
dd/ If no natural disaster occurs, vessels anchoring in storm shelters shall pay charges and other expenses as prescribed by law; and comply with control and instructions of organizations assigned to manage and use storm shelters for fishing vessels.
Article 86. Announcement of lists of storm shelters for fishing vessels
1. Before February 1 every year, provincial-level People’s Committees shall review and submit the lists of eligible storm shelters to the Ministry of Agriculture and Rural Development for announcement nationwide.
2. Principal contents of an announcement:
a/ Name and type of the storm shelter;
b/ Address and coordinates of the storm shelter;
c/ Depth of the storm shelter’s water;
d/ Capacity of the storm shelter’s water;
dd/ Sizes and types of fishing vessels allowed to enter the storm shelter;
e/ Starting positions, directions and lengths of the channels to the storm shelter;
g/ Telephone number and radio frequency for communication of the standing body of the commanding committee for natural disaster prevention and control and search and rescue of the locality where the storm shelter is located.
3. Before March 31 every year, the Ministry of Agriculture and Rural Development shall send the lists of storm shelters eligible to operate nationwide to provincial-level People’s Committees and notify such in the mass media.
4. Provincial-level People’s Committees shall notify the lists of storm shelters for fishing vessels in their localities.
Chapter VI
THE FISHERIES RESOURCES SURVEILLANCE FORCE
Article 87. Functions of the fisheries resources surveillance force
The fisheries resources surveillance force is a specialized force of the State, performing the function of enforcement of Vietnamese law and relevant treaties to which the Socialist Republic of Vietnam is a contracting party concerning exploitation and protection of fisheries resources.
Article 88. Tasks and powers of the fisheries resources surveillance force
1. The fisheries resources surveillance force has the following tasks:
a/ To patrol, examine, control, inspect, investigate, handle violations of law, and apply measures to prevent and stop violations in accordance with law;
b/ To disseminate and educate Vietnamese law and international law and related countries’ laws on fisheries; to guide fishermen and related organizations and individuals to implement the law on fisheries.
c/ Appoint manpower to coordinate with one another in search, rescue and salvage activities in accordance with law; to participate in the prevention and control of natural disasters;
d/ To participate in the protection of Vietnam’s sovereignty, sovereign rights and jurisdiction over the maritime zones in accordance with law.
dd/ To conduct international cooperation in fisheries resources surveillance;
e/ To assume the prime responsibility for, and coordinate with related agencies and organizations in, providing professional and skill training and retraining for civil servants, public employees, fisheries resources surveillance officers, and seamen of fisheries resources surveillance vessels;
g/ To coordinate with other related agencies in fisheries resources surveillance activities.
2. The fisheries resources surveillance force has the following powers:
a/ To request related agencies, organizations and individuals to provide information and documents necessary for the inspection, patrol, examination, control, investigation, detection and handling of violations of the law on exploitation and protection of fisheries resources;
b/ To manage and use weapons, supporting tools, technical equipment and professional measures for performing fisheries resources surveillance tasks in accordance with the law on management and use of weapons, explosives and supporting tools and relevant laws;
c/ To chase, arrest, and apply law-prescribed deterrent measures to, people and vessels failing to obey orders, resisting or deliberately running away.
Article 89. Organization of the fisheries resources surveillance force
1. The fisheries resource surveillance force includes:
a/ The central fisheries surveillance force;
b/ Fisheries surveillance forces of coastal provinces and centrally run cities that shall be established based on the requirement of protection of fisheries resources and on local resources.
2. The Government shall prescribe in detail the organization of the fisheries resources surveillance force, the state management of, and regimes and policies applicable to, the fisheries resources surveillance force.
Article 90. Fisheries resources surveillance officers
1. Fisheries resources surveillance officers are civil servants who are appointed into the fisheries resources surveillance officer’s rank.
2. Fisheries resources surveillance officers shall be provided with their cards, uniforms, badges, rank stripes and plates and specialized equipment.
3. Fisheries resources surveillance officers have the following powers and responsibilities:
a/ To request related agencies, organizations and individuals to provide information and documents necessary for the inspection, examination, control, investigation, detection and handling of violations of the law on exploitation and protection of fisheries resources;
b/ To sanction administrative violations and apply measures to prevent and stop administrative violations in accordance with law;
c/ To use weapons, supporting tools and special-use means and equipment in accordance with law;
d/ To wear uniforms, badges, rank stripes and plates of fisheries resources surveillance officers when performing their official duties as prescribed;
dd/ To comply with the law, and take responsibility before the heads of the immediate superior agencies and before law for the performance of their assigned tasks and powers.
Article 91. Seamen of fisheries resources surveillance vessels
1. Seamen of fisheries resources surveillance vessels include:
a/ Civil servants who are appointed into the rank of seaman of fisheries resources surveillance vessel;
b/ Public employees who are recruited according to working positions on fisheries resources surveillance vessels;
c/ Workers on board fisheries resources surveillance vessels under employment contracts.
2. Seamen of fisheries resources surveillance vessels shall wear uniforms, badges, rank stripes and plates of fisheries resources surveillance officers when performing their official duties under regulations of the Minister of Agriculture and Rural Development.
3. The Minister of Agriculture and Rural Development shall prescribe the functions, tasks and powers of seamen of fisheries resources surveillance vessels and their manning.
Article 92. Fisheries resources surveillance collaborators
1. Fisheries resources surveillance collaborators are Vietnamese citizens who provide information for and assist activities of, the fisheries resources surveillance force.
2. Fisheries resources surveillance collaborators will have expenses for their activities paid by fisheries resources surveillance bodies and enjoy allowances for information provision activities in accordance with law; have their information source confidentiality ensured; and have their lawful rights and interests protected in accordance with law.
Article 93. Means, equipment and uniforms of the fisheries resources surveillance force
1. The fisheries resources surveillance force shall be equipped with fisheries resources surveillance vessels, special-use communication devices, special equipment, weapons and supporting tools for performing their functions and tasks and exercising their powers in accordance with law.
2. Civil servants, public employees and workers under employment contracts in fisheries resources surveillance bodies shall wear uniforms.
3. The Minister of Agriculture and Rural Development shall prescribe uniforms of the fisheries resources surveillance force; paint color, codes and operating limits of fisheries resources surveillance vessels; and registration and technical supervision and certification of fisheries resources surveillance vessels.
Article 94. Funding sources for fisheries resources surveillance activities
1. Funds invested in and provided for activities of the fisheries resources surveillance force shall be allocated from the state budget according to the current state budget decentralization and from other funding sources as prescribed by law.
2. The proceeds from the sanctioning of administrative violations by the fisheries resources surveillance force shall be paid into the state budget. Part of these proceeds shall be returned to fisheries resources surveillance bodies to serve fisheries resources surveillance activities.
3. The Government shall detail Clause 2 of this Article.
Article 95. Mobilization of forces and means for fisheries resources surveillance activities
1. In case of emergency, the mobilization of forces and means for fisheries resources surveillance activities is prescribed as follows:
a/ The Minister of Agriculture and Rural Development shall issue orders to mobilize forces and means under his/her management; and request related ministers and chairpersons of provincial-level People’s Committees to mobilize their forces and means;
b/ Chairpersons of provincial-level People’s Committees shall issue orders to mobilize forces and means of organizations and individuals in their localities;
2. Organizations and individuals whose forces and means are mobilized shall abide by the mobilization orders of competent persons.
3. Agencies that mobilize forces and means shall pay expenses to the mobilized organizations and individuals under the Minister of Finance’s regulations. Organizations or individuals may be compensated for the damage, if any, while executing mobilization orders. If a person dies or is injured, he/she will be considered for enjoyment of benefits and policies in accordance with the law on preferential treatment for people with meritorious services to the revolution.
Chapter VII
PURCHASE, SALE, PRELIMINARY PROCESSING, PROCESSING, EXPORT AND IMPORT OF AQUATIC ANIMALS AND AQUATIC PRODUCTS
Article 96. Purchase, sale, preliminary processing and processing of aquatic animals and aquatic products
1. Facilities purchasing, selling, preliminarily processing or processing aquatic animals and aquatic products shall comply with the laws on food safety, environmental protection, and fire and explosion prevention and fighting.
2. Aquatic animals and aquatic products that are purchased, sold, preliminarily processed or processed must have documents on their origin and ensure food quality and safety.
3. The purchase and sale of aquatic animals in areas where epidemics are announced must comply with the laws on animal health, and plant protection and quarantine.
Article 97. Preservation of aquatic animals and aquatic products
1. The preservation of aquatic animals and aquatic products on board fishing vessels and other vessels; in fishing ports and wholesale markets for aquatic products; cooled warehouses of aquatic products and facilities purchasing, selling, preliminarily processing or processing aquatic products must comply with the law on food safety.
2. Additives and processing aids that have expired or are outside the list of those permitted for use or are on this list but exceed the allowable limits; and chemicals with unclear origins or banned from use may not be used for preservation of aquatic animals and aquatic products.
Article 98. Import and export of aquatic animals and aquatic products
1. Importers of aquatic animals and aquatic products must have documents on the origin of such animals and products and satisfy the law-prescribed requirements on food quality and safety and epidemic safety.
2. Exporters of aquatic animals and aquatic products shall comply with the requirements of importing countries and Clause 3 of this Article.
3. An organization or individual is permitted to export alive aquatic animals that:
a/ Are outside the list of aquatic species banned from export;
b/ Are on the list of aquatic species subject to conditional export and satisfy the conditions specified in this list;
c/ Are on the list of aquatic species banned from export, or fail to satisfy the conditions specified in the list of aquatic species subject to conditional export for scientific research or international cooperation as licensed by the Ministry of Agriculture and Rural Development after obtaining the Prime Minister’s approval.
4. Organizations and individuals that wish to import alive aquatic animals outside the list of aquatic species permitted for trading in Vietnam for use as food products or ornamental animals or for entertainment must have such animals undergone risk assessment under regulations and shall be licensed by the Ministry of Agriculture and Rural Development. The import of alive aquatic animals outside the list of aquatic species permitted for trading in Vietnam for display at fairs or exhibitions or for scientific research shall be licensed by the Ministry of Agriculture and Rural Development.
5. The Ministry of Agriculture and Rural Development shall consider and decide to inspect the management, production and trading of aquatic products in the exporting countries in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party in the following cases:
a/ The assessment is carried out for mutual recognition;
b/ There are risks of food safety, epidemic safety or environmental issues caused by aquatic animals and aquatic products imported into Vietnam.
6. The Minister of Agriculture and Rural Development shall prescribe the order and procedures for risk assessment, and the licensing of the import, of alive aquatic animals.
7. The Government shall promulgate the list of aquatic species banned from export and the list of aquatic species subject to conditional export.
Article 99. Processing, export, import, re-export, introduction from the sea and transit of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, rare and precious aquatic species
1. The processing, export, import, re-export, introduction from the sea and transit of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, rare and precious aquatic species must comply with this Convention and Vietnamese law.
2. Processed specimens of aquatic species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, rare and precious aquatic species must satisfy the following requirements:
a/ They have lawful origins from facilities that carry out breeding, growing or artificial propagation of aquatic species;
b/ They are legally fished from the nature;
c/ They are confiscated after processing in accordance with law.
3. The Government shall detail this Article.
Article 100. Wholesale markets for aquatic products
1. Wholesale markets for aquatic products shall be located in concentrated aquatic animal production areas or in places where aquatic products are consumed in large quantities, including transaction, purchase, sale and auction of aquatic products.
2. Wholesale markets for aquatic products shall be developed in compliance with relevant master plans.
3. Provincial-level People’s Committees shall control food safety in wholesale markets for aquatic products in their localities.
4. The Ministry of Agriculture and Rural Development shall perform the uniform state management of aquatic food safety, guide the inspection of wholesale markets for aquatic products, and promulgate national technical regulations on food safety assurance in wholesale markets for aquatic products.
Chapter VIII
STATE MANAGEMENT OF FISHERIES
Article 101. Responsibilities of the Government, ministries and ministerial-level agencies
1. The Government shall perform the uniform state management of fisheries nationwide.
2. The Ministry of Agriculture and Rural Development shall act as the focal point assisting the Government in performing the state management of fisheries, and:
a/ Perform the state management of fisheries activities nationwide; formulate, and direct the implementation of, strategies, master plans, plans and schemes on fisheries activities;
b/ Promulgate according to its competence or submit to competent authorities for promulgation, and organize the implementation of, policies, legal documents, standards, technical regulations and techno-economic norms in the fisheries sector;
c/ Direct, guide and organize the implementation of environmental monitoring and warning, prevention and control of aquatic diseases and sea fishing; manage aquatic product processing and trading, and quality and food safety of aquatic products as prescribed by law; build, manage, and guide updating of and access to, the national database on fisheries;
d/ Perform the state management of fisheries resources surveillance; and provide professional instructions on fisheries resources surveillance;
dd/ Grant, re-grant, extend and revoke licenses, written certifications and certificates in fisheries activities under its management; authorize or decentralize management in accordance with law;
e/ Conduct investigation, scientific research and technology development and transfer; appraise and assess impacts of economic activities on fisheries activities;
g/ Guide and inspect the state management of fishing ports and storm shelters for fishing vessels nationwide; provide professional training in management of fishing ports and storm shelters for fishing vessels in accordance with law; and announce the list of designated ports with sufficient systems for confirmation of the origin of fished products;
h/ Perform the state management of marine protected areas and fisheries resources protection areas nationwide;
i/ Perform the state management of and provide professional training in the fisheries sector; organize; and provide instructions on statistics, dissemination of knowledge and education of law in the fisheries sector;
k/ Prescribe water criteria and quality for aquaculture and specialized technical management of fisheries activities;
l/ Manage, direct, formulate plans for, inspect, examine, settle complaints and denunciations and handle violations of the law on fisheries according to its competence; act as the focal agency in implementing international cooperation in the fisheries sector;
m/ Assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, developing software for management of the national database on fisheries;
n/ Preserve original breeds and indigenous aquatic species of economic value.
3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in performing the state management of fisheries.
Article 102. Responsibilities of People’s Committees at all levels
1. Within the ambit of their tasks and powers, provincial-level People’s Committees shall:
a/ Promulgate according to their competence or submit to competent authorities for promulgation documents guiding the implementation of the law on fisheries;
b/ Direct and organize the management of fisheries activities in their localities; organize aquatic animal production and fishing;
c/ Disseminate and educate about the law and knowledge concerning fisheries; develop fisheries databases in their localities and update them into the national database on fisheries;
d/ Grant, re-grant, extend and revoke licenses, written certifications and certificates in fisheries activities under their management as assigned or decentralized;
dd/ Direct the formulation of plans for, and inspect, examine, settle complaints and denunciations and handle violations of the law on fisheries according to their competence;
e/ Ensure policies, funding and operation conditions for local fisheries resources surveillance forces in accordance with law;
g/ Manage fishing ports and storm shelters for fishing vessels as decentralized; inspect, examine, control and obey the laws on fishing and fisheries resources protection, food safety on board fishing vessels and in fishing ports, environmental protection and fire and explosion prevention and fighting in fishing ports; collect, summarize and report on data of the throughput of aquatic products of fishing ports in accordance with law;
h/ Perform the state management of marine protected areas and fisheries resources protection areas in their localities.
2. Within the ambit of their tasks and powers, district- and commune-level People’s Committees shall:
a/ Implement management contents and measures in fisheries activities in their localities in accordance law;
b/ Perform the state management of fisheries as decentralized or authorized by the immediate superior People’s Committees;
c/ Disseminate and educate about the law on fisheries in their localities.
Article 103. Responsibilities of the Vietnam Fatherland Front and its member organizations, socio-professional organizations and social organizations
1. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their functions and tasks, disseminate, and mobilize the implementation of, policies and the law on fisheries; give opinions on lawmaking, conduct oversight and social criticism in the fisheries sector in accordance with law.
2. Socio-professional organizations and social organizations shall give opinions on lawmaking in the fisheries sector; disseminate knowledge of and the law on fisheries; provide consultancy on and technical training in fisheries; and participate in the protection, reproduction and development of fisheries resources.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 104. Effect
1. This Law takes effect on January 1, 2019.
2. Law No. 17/2003/QH11 on Fisheries ceases to be effective on the effective date of this Law.
Article 105. Transitional provisions
1. To amend the maximum fine for administrative violations in the field of protection of fisheries and marine resources prescribed at Point dd, Clause 1, Article 24 of Law No. 15/2012/QH13 on Handling of Administrative Violations, as follows: The maximum fine in the field of state management of fisheries is VND 1,000,000,000 applicable to individuals.
2. Fisheries-related licenses, written certifications, certificates, degrees and written approvals granted before the effective date of this Law may be used until their expiry dates.
3. National technical regulations and techno-economic norms promulgated before the effective date of this Law may continue to be applied until they are annulled or superseded.
This Law was passed on November 21, 2017, by the XIV th National Assembly of the Socialist Republic of Vietnam at its 4th session.-
Chairwoman of the National Assembly
NGUYEN THI KIM NGAN
Vietnamese
Law 18/2017/QH14 DOC (Word)
Law 18/2017/QH14 PDF (Original)
