Law on Fisheries, Law No. 18/2017/QH14

THE NATIONAL ASSEMBLY 

Law No. 18/2017/QH14 dated November 21, 2017 of the National Assembly on Fisheries

Pursuant tothe Constitution of the Socialist Republic of Vietnam;

TheNational Assembly promulgates Law on Fishery

ChapterI

GENERAL PROVISIONS

Article1. Scopeof adjustment

This Law deals with fishery activities; rights and responsibilities oforganizations and individuals involved in fisheries andstate administrationof fishery.

Article2. Subject of application

This Law applies to Vietnamese organizations and individuals, foreign individuals engaged in fishery in land, islands, archipelago and sea of Vietnam; Vietnamese individuals engaged in commercial fishing activities outside the Vietnam’s maritime boundary.

Article3. Definitions

For the purpose of this law, the terms below will be construed as follows:

1.“fishery activities” means protection and development of aquatic resources, aquaculture, commercial fishing; processing, sale, purchase, export and import of aquatic products.

2.“aquatic resources” means organisms that live in natural water and have economic, scientific, tourism and entertainment value.

3.“recreation of aquatic resources” means a process of self-recovery, recovery of and increase in aquatic resources.

4.“co-management” means a management method in which the State shares its power and responsibilities with communities in protection of aquatic resources.

5.“community" means an organization established by voluntary members who manage and share their benefits and protect aquatic resources in a certain area. This organization may be a legal entity or not and shall be recognized and assigned to engage in co-management by a competent authority.

6.“marine protected area (MPA)”means a protected area that is established at sea, islands, archipelagos or in coastal waters to preserve marine biodiversity.

7.“endangered, precious and rare aquatic species” mean aquatic species that spend majority of or the whole life cycle living in water, are valuable to economy, science, health, ecology, scenery and environment; these species have a small population size or are facing extinction.

8.“native aquatic species” means an aquatic originating from and living in the natural environment of a certain geographical region.

9.“aquatic breed" means a species of aquatic animals or seaweeds used for breeding in aquaculture, including animal parents, eggs, sperms, embryos, larvae, body pieces, spores and offspring.

10.“aquatic purebred" means an aquatic breed whose heredity and capacity are stable and having the same genes and phenotypes.

11.“aquatic breed raising” means raising of aquatic larvae through development stages and finishing when they become breeders.

12.“testing of aquatic breeds” means caring, raising and monitoring of aquatic breeds in certain conditions and periods to determine differences, stability and consistency of capacity, quality, resistance and harmful effects of the breeds.

13.“assessment of aquatic breeds” means inspection and re-appraisal of capacity, quality, resistance and characteristics of the aquatic breeds.

14.“aquatic feed” means a product providing nutrients and useful components for growth of aquatic animals, including compound feeds, supplemental substances, fresh feeds and materials.

15.“product for adjusting aquaculture environment" means a product used for adjusting physical, chemical and biological properties of the environment in favor of aquaculture.

16.“testing of aquatic feeds and products for adjusting aquaculture environment” means a process of inspection, assessment and determination of characteristics, uses and effects of aquatic feed and products for adjusting aquaculture environment on the aquaculture environment and aquatic feed safety.

17.“marine aquaculture waters” means an area of sea which includes seawater and seabed determined from the lowest average edge of seawater in multiple years seawards for aquaculture.

18.“commercial fishing” means catching or fishing logistics for catching aquatic resources.

19."fishing logistics" means exploration and search for, enticement, transport of caught aquatic resources in natural water.

20. "commercial fishing vessels" meanswatercrafts with engine or not, including vessel for catching aquatic resources and fishing logistics vessels.

21.“ship of fishery authority” means a watercraft for carrying out missions during aquatic resource investigation and assessment; inspecting, patrolling, controlling and supervising fishery activities.

22.“ship officers” means the master, chief engineer officer and title holders as prescribed that are assigned to work on a commercial fishing vessel or a ship of.

23.“crewmembers” means people who are assigned to work on commercial fishing vessels and ships of fishery authorities by the ship owner or master other than ship officers.

24.“fishing port” means a port for commercial fishing vessels, including port land areas and port waters.

25.“land area of fishing port” mean an area used for building quays, warehouses, workshops, head offices, service facilities, systems of traffic, communication, electricity and water andauxiliaryworks serving the port’s operation

26.“fishing port waters” means an area of water used for creating waters in front of quays, turning basins, anchorages, transshipment areas, channels leading to fishing ports and otherauxiliaryworks.

27.“tracing of aquatic product” means monitoring and identification of an aquatic product through each stage of commercial fishing, aquaculture, processing and trading.

28.“impurities” means substances which is not natural component of aquatic products,

29.“regional fisheries management organization (RFMO)” means an organization which is responsible for regulating and taking measures for managing and preserving migratory fishes and aquatic species in international waters.

Article4. Ownership of aquatic resources

Aquatic resources are owned by the entire people and managed by the State. Organizations and individuals have the right to catch aquatic resources in accordance with regulations of law.

Article5. Principles of fishery activities

1.Fishery activities shall ensure national defense and security.

2.Commercial fishing shall depend on reserve of aquatic resources in combination with protection, recreation and development thereof and shall not exhaust aquatic resources and affect biodiversity; according to ecosystems and scientific indicators, carefully approach to ensuresustainable development.

3.Fishery activities shall adapt to climate change, actively prevent and control natural disasters, ensure safety for people and means of fishery activities; prevent and control aquatic epidemics, ensure food safety and environment safety.

4.Organizations and individuals that enjoy benefits from catching and use ofaquatic resourcesor are involved in sectors producing direct effects onaquatic resourcesshall their interests and responsibilities ensured.

5.Fishery activities shall meet requirements of international integration and comply with international treaties to which the Socialist Republic of Vietnam is a signatory.

Article6. The State’s policies related to fishery activities

1.The State introduces investment policies on:

a) Research into, investigation, assessment, protection and recreation ofaquatic resourcesand recovery of aquatic ecosystem; reservation of original breeds of native and endemic aquatic species having economic value and endangered, precious and rare aquatic species;

b) Building class-1 and class-2 fishing ports, sheltering anchorages, necessary infrastructure of MPAs, infrastructure of concentrated aquaculture areas and concentrated areas for producing aquatic breeds;

c) Building a system for monitoring and supervising activities of commercial fishing vessels at sea; a system of information and national database on fishery activities; a system for monitoring the environment and warning about epidemics in aquaculture environment.

2.According to each period and capacity of the state budget, the State provides assistance in:

a) Developing science and technologies, especially high, advanced and new technologies applied in generation of aquatic breeds; manufacture of national aquatic products and key aquatic products; manufacture of aquatic feed, products for adjusting aquaculture environment and technologies for processing by-products into food or materials for other economic sectors.

b) Developing human resources and providing vocational training in fishery;

c) Co-management in aquatic resource protection;

d) Building a large fishery center;

dd) Buying insurance for aquaculture at sea and island; crew accident insurance; insurance for hull and equipment of commercial fishing vessels extracting marine aquatic resources from the inshore route to the outer boundary of Vietnam s exclusive economic zone;

e) Developing fishery activities from the from the inshore route to the outer boundary of Vietnam’s exclusive economic zone; recovering production in case of environmental incidents, natural disasters and epidemics; providing assistance for fishermen when they are prohibited from extraction of aquatic resources or modify their vocations to reduce the coastal commercial fishing;

g) Building a national brand name, trade promotion and developing consumer market of aquatic products.

3.The State encourages domestic and foreign individuals and organizations to invest in activities prescribed in Clauses 1 and 2 of this Article and the following activities:

a) Organizing production according to value chainand model of association and cooperation;

b) Investing in advanced technologies applied in processing of aquatic products to improve value added of these products and reduce post-harvesting loss; building wholesale markets of aquatic products and promote brand names of aquatic products;

c) Investing in marine aquaculture and organic aquaculture;

d) Applying the quality management system to production and business of aquatic products;tracing of aquatic products.

Article 7.Prohibited actions in fishery activities

1.Destruction ofaquatic resources, aquatic ecosystem, reproductive areas, areas where offspring live and residence of aquatic species.

2.Obstruction of natural migration patterns of aquatic species.

3. Encroachmentofor damage toprotectedzonesofaquatic resource andMPAs.

4.Catching of aquatic products, aquaculture and construction and other activities that affect the living environment andaquatic resourcesin subdivisions under strict protection and subdivisions of ecological recovery of MPAs.

5.Illegal operation of commercial fishing vessels and other watercrafts in subdivisions under strict protection of MPAs except for force majeure.

6.Illegal commercial fishing, failure to report and comply with regulations of law (hereinafter referred to as “illegal commercial fishing”); purchase, sale, transport, storage, preliminary processing and processing of aquatic products originating from illegal commercial fishing, aquatic products with impurities for commercial fraud purposes.

7.Use of banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extractingaquatic resources.

8.Use of fishing tackle for obstructing or causing damage to organizations or individuals that are engaged in fishing; anchoring or mooring vessels at places where commercial fishing tackle of organization or individuals that are engaged in fishing are located or places where other commercial fishing vessels are engaged in fishing, except forforce majeure.

9.Throwing the fishing tackle in natural waters, except forforce majeure.

10.Putting impurities into aquatic products for commercial frauds.

11.Use of antibiotics, veterinary drugs and plant protection drugs banned from use in aquaculture; chemicals, biological preparations and microorganisms banned from use in the production of aquatic feeds and products for adjusting aquaculture environment; use of aquatic breeds not included in the list of aquatic species permitted for trading in Vietnam for aquaculture.

12.Destruction and demolition causing damage to or encroachment of works in fishing ports and anchorages for avoiding storms; discharge of wastes into improper places in fishing ports and anchorages for avoiding storms.

13.Abuse of inspection, assessment ofaquatic resourcesto cause damage to national defense, security, national interests, legal rights and interests of other organization and individuals; illegal provision and use of information and data onaquatic resources.

Article8. International cooperation in fishery activities

1.Conclusion of and compliance with international treaties related to fishery activities.

2.Provision of assistance and investment in resources in fishery activities.

3.Provision of training in human resources; scientific research, technological development and technology transfer; exchange of information, trade and experience related to fishery activities.

4.Conservation and management of organism resources in international waters in accordance with regulations issued by regional fishery organizations and United Nations Convention on the law of the Sea 1982.

5.Cooperation in inspecting and taking actions against illegal commercial fishing inside and outside the territory of Vietnam in accordance with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.

Article9. Fishery national database

1.The fishery national database shall be establishedconsistently from central authorities to local authorities, be standardized for update, use and management thereof using information technology.

2. Organizations and individualsshall update and use the fishery national database in accordance with regulations of law.

3.TheMinisterof Agriculture and Rural Developmentshall prescribe update, use and management of the fishery national database.

Article10.Co-management in aquatic resource protection

1.A community will be recognized and assigned to management in aquatic resource protection if it satisfies the following conditions:

a) its members are households and individuals living and benefiting fromaquatic resourcesin this area;

b) It has submitted application for co-management in protection ofaquatic resourceprotection in a certain geographical area which has not been managed by other organizations or individuals;

c) It has its own plans for protecting and extractingaquatic resourcesand operating regulations

2.Power to recognize and assign management to communities shall be specified as follows:

a) ThePeople’s Committeeof each province has power to recognize and assign management inaquatic resourceprotection in areas located in at least 2 districts;

b)The People’s Committee of eachdistrict has power torecognize and assign management in aquatic resource protection in areasunder its management;

c) Recognitionand assignment ofmanagement in aquatic resource protection in areas located in at least 2provinces orcentral-affiliated citiesshall be negotiated byPeople’s Committees of these provinces or cities.

3.Contents of a decision onrecognizingand assigningmanagement to communitiesincludes:

a) Name of the community and its representative;

b) Scope of assigned management;

c) Location and boundary of the assigned geographical area;

d) Plans for protecting and extracting aquatic resources and operating regulationsof the community.

4.Regulatory authoritieshave the following rights and responsibilities:

a) Make decisions onrecognizingand assigningmanagement in aquatic resource protection;

b) Provide assistance for communities involved in co-management;

c) Inspect and supervise activities of communities;

d) Amend and revokedecisions on recognizing and assigning management in aquatic resource protection;

dd) Exercise rights and carry out responsibilities prescribed by law.

5.A community is entitled to:

a) Organize and manage aquaculture, protection and extraction of aquatic resources, tourism in combination with fishery activities in areas under its management;

b) Patrol and inspect aquaculture, catching, protection and development ofaquatic resourcesin areas under its management; request competent authorities to take actions against violations;

c) Prevent violations committed in areas under its management in accordance with regulations of law and its operating regulations;

d) Be consulted about projects and activities directly related to ecosystem oraquatic resourcesin the areas under its management;

dd) Preferential and supporting policies in accordance with regulations of law;

e) Establish a community fund.

6. A communityshall:

a) Comply with contents specified in the decision on recognizing and assigning management prescribed in Clause 3 of this Article;

b) Comply with regulations of law on fishery activities and follow inspections carried out by the competent authority in accordance with regulations of law;

c) Cooperate with competent authority in patrolling, inspecting, investigating, preventing and taking actions against violations committed in the area under its management;

d) Submit reports on its operation to the competent authority in accordance with regulations of law.

7.Adecision on recognizing and assigning management in aquatic resource protectionwill be revoked if:

a) Its contents are erased or changed;

b) The community is dissolved according to its operating regulations or regulations of law;

c) The community fails to implement the plan for protecting and extractingaquatic resourcesor comply with it operating regulations;

d) The decision is revoked for national defense and security or public purposes according to a decision issued by the competent authority;

dd) There are other violations in which the decision shall be revoked.

8.A decisionon recognizing and assigning managementwill be adjusted if there are changes in its contents

9.The authority recognizing and assigning management has power to revoke and adjust the decision s contents.

10.The Government shall provide detailed guidelines for this Article.

Chapter II

PROTECTION AND DEVELOPMENT OF AQUATIC RESOURCES

Article 11.The master plan forprotecting and extractingaquatic resources

1.Bases for formulating the master planfor protecting and extracting aquatic resourcesinclude:

a) Strategies for socio-economic development; national defense and security;

b) Strategies for fishery development;

c) Strategies for sustainable extraction and use of marine and island resources andenvironmentalsafety; strategies for preserving biodiversity;

d) The national master plan;

dd) The national marine spatial planning;

e) The master plans and plans for using land;

g) The master plan forenvironmental protection; the master plan for preserving biodiversity;

h) Results of investigation into and assessment of aquatic resources;

i) Reality and demand forextractingandprotecting aquatic resources;

k) Other bases prescribed by regulations of law on planning.

2.Main contents ofthe master plan for protecting and extracting aquatic resources include:

a) Assessment of management, extraction, protection and development ofaquatic resources;

b) Determination of objectives and orientations; formulation of the master plan for management, extraction, protection and development ofaquatic resources;

c) Geographical location, area, boundary and map of places where MPAs or protected area ofaquatic resources are expected to be built.

d) Zoning for commercial fishing activities; quantity of commercial fishing vessels of each type of vocation; methods for managing, protecting and developingaquatic resources;

dd) Measures, programs and plans for implementing the master plan; resources and implementation of the master plan for protecting and extractingaquatic resources;

e) Othercontentsprescribed by regulations of law on planning.

3.The master plan for protecting and extractingaquatic resourcesshall be formulated approved and adjusted as follows:

a) TheMinistry of Agriculture and Rural Developmentshall take charge and cooperate with Ministries,ministerial agenciesand relevantPeople’s Committees of provinces in requesting the Prime Minister to approve the master plan for protecting and extractingaquatic resources;

b) The master plan for protecting and extractingaquatic resourcesshall be formulated, approved, published, implemented and adjusted in accordance with regulations of law on planning.

Article12. Investigation into and assessment of aquatic resources and living environment of aquatic species

1.Investigation into and assessment of aquatic resourcesand living environment of aquatic speciesaim to:

a) Provide information, data and scientific bases for management and sustainable use ofaquatic resources;

b) Determine reserves and production of aquatic resources allowed to be caught, assess fluctuation ofaquatic resourcesand living environment of aquatic species.

2. Investigation into and assessment of aquatic resources and living environment of aquatic speciesshall include the following activities:

a) Overall investigation into and assessment of aquatic resources and living environment in the whole country carried out every 5 years;

b) Annual inspection and assessment of commercial fishing;

c) Investigation into and assessment of aquatic resources and living environment of aquatic species according to each subject.

3.TheMinistry of Agriculture and Rural Developmentshall:

a) Design and request the Prime Minister to approval and organize execution of the program for carrying out theoverall investigation into and assessment of aquatic resources and living environment in the whole country every 5 years;

b)Carry out theinvestigation into and assessment of aquatic resources and living environment of aquatic species according to each subject;

c)Publish results ofinvestigation into and assessment of aquatic resources and living environment of aquatic species.

4.ThePeople’s Committeeof each province shall:

a) Carry outinvestigation into and assessment of aquatic resources and living environmentaccording to each subject, commodity fishery in its province according to instructions given by theMinistry of Agriculture and Rural Development;

b) Cooperate in investigation into and assessment ofaquatic resources and living environment of aquatic speciesin accordance with regulations of Point a Clause 2 of this Article.

5.TheMinisterof Agriculture and Rural Developmentshall provide procedures and guidelines for carry out investigation into and assessment of aquatic resources and living environment of aquatic species.

Article 13.Aquatic resourceprotection

1.Aquatic species and their living environment, reproductive areas, areas where offspring live andmigration patterns ofaquatic speciesare entitled to aquatic resource protection.

2.Organizations and individuals shall:

a) Protect and extract aquatic resources in accordance with regulations of this Law and other relevant regulations of law;

b) Create migration patterns or corridors for moving by aquatic species when constructing, changing or demolishing construction works or carry out other activities related migration patterns of aquatic species;

c) Leave corridors for moving by aquatic species when they are engaged in fixed fishery activities in rivers and lagoons;

d) Take remedy and pay compensation for damage caused by their actions when they discharge, explore and extract natural resources, construct or demolish underwater works or works within subaqueous soil causing decline or extinction of aquatic resources or damage to living environment, reproductive areas, areas where offspring live and migration patterns of aquatic species;

dd) Comply with this Law and other relevant regulations of law when carrying out fishery activities or other activities causing direct effects on living environment, migration patterns and recreation of aquatic species.

3. The Ministry of Agriculture and Rural Development shall:

a) Design and request the Prime Minister to approve and organize execution of national programs for protecting and developingaquatic resources;

b) Make and request the Prime Minister to issue the list of endangered, precious and rare aquatic species; criteria on determining, regulations on managing and protecting and procedures for extracting endangered, precious and rare aquatic species;

c) Formulate and issue plans and measures for managingaquatic resources;

d) Organize investigation, collection, conservation of and survey onoriginal breeds of native and endemic aquatic species having economic value and endangered, precious and rare aquatic species;

dd) Publishnatural migration patterns of aquatic species.

4. The Minister of Agriculture and Rural Development shallspecify criteria and issue the list of fisheries and fishing tackle banned from use in commercial fishing and the list of areas banned from commercial fishing for a fixed term.

5. The People’s Committee of each province shall:

a) Specify banned industries, commercial fishing tackle and areas not included in the lists prescribed in Clause 4 of this Article in conformity with protection and extraction of aquatic resources in its province after getting permission from theMinistry of Agriculture and Rural Development;

b) Formulate and organize the implementation of plans for protecting and developingaquatic resourcesin its province in conformity with the national program for protecting and developingaquatic resourcesthat has been approved by the Prime Minister.

Article14.Recreation ofaquatic resourcesand recovery of living environment of aquatic species

1. Recreation of aquatic resources and recovery of living environment of aquatic speciesinclude the following activities:

a) Research into and application of science and technology to recreation of aquatic resources and recovery of living environment of aquatic species;

b)Releasingendangered, precious and rare aquatic species;aquatic species having economicand scientificvalue,nativeaquatic speciesand endemicaquatic species into natural waters;

b)Building artificial habitats forendangered, precious and rare aquatic species; aquatic species having economic and scientific value, native aquatic species and endemic aquatic species into natural waters;

d) Managing recovered areas and recreated aquatic species.

2.TheMinistry of Agriculture and Rural Developmentshall manage and organize inspection and supervision of recreation ofaquatic resourcesand recovery of living environment of aquatic species in the whole country.

3. The People’s Committeeof each province shallorganizetherecreation of aquatic resources and recovery of living environment of aquatic speciesin its province.

4.Organizations and individuals are encouraged to recreateaquatic resources and recover living environment of aquatic species.

Article15. MPAs

1.MPAs include national parks, nature reserves, species and habitat conservation areas and landscape protection zones. MPAs shall be classified in accordance with regulations of law on biodiversity.

2.Requirements for nature reserves and landscape conservation areas shall be established in accordance with regulations of law on biodiversity.

3.Requirements for a national park include:

a) Its marine ecosystem is significant to Vietnam and the world, is special or represents a natural ecoregion.

b) The park is a regular or seasonal natural habitat of at least an aquatic species included in the list of endangered, precious and rare aquatic species that are entitled to prior protection or included in the group of aquatic species banned from extraction of the abovementioned list;

c) It has special values to science and education;

d) It has environmental landscapes, unique beauty of nature and ecotourism values.

4.Requirements for a species and habitat conservation include:

a) A national species and habitat conservationis a regular or seasonal natural habitat of at leastoneaquatic species included in the list of endangerd, precious and rare aquatic species that are entitled to prior protection or included in the group of aquatic speciesbanned from extractionof the abovementioned listand has special values to science and education;

b) A species and habitat conservation of a provinceis a regular or seasonal natural habitat of at leastone endemic aquatic species or native aquatic species that have special values to science and economy and has special values to ecology and environment.

Article 16.Establishment ofMPAs

1.National MPAs shall beestablishedin accordance with regulations of law on biodiversity.

2.TheMinisterof Agriculture and Rural Developmentshall prescribed procedures for planning and appraising projects on establishment of MPAs and contents of decisions on establishment of MPAs of provinces.

3.Responsibilities for submitting projects on establishment of national MPAs are specified as follows:

a) The Ministryof Agriculture and Rural Development shallrequest the Prime Minister to issue decisions on establishment of MPAs located in at least 2 provinces orcentral-affiliated cities;

b) ThePeople’s Committeeof each province shall request the Prime Minister to issue decisions on establishment of MPAs located in the province after getting written permission from theMinistry of Agriculture and Rural Development.

4.TheMinistry of Agriculture and Rural Developmentshall request the Government to issue regulations on managing MPAs and submit annual reports on management of marine conservation to theMinistry of Natural Resources and Environment.

Article 17.Aquatic resourceprotected areas

1.An aquatic resource protected area is a habitat, reproductive area or a place where offspring liveregularlyor seasonallyof at leastoneaquatic species included in the list of endangerd, precious and rare aquatic species, native aquatic species or transboundary aquatic species.

2. Aquatic resource protected areasshall be investigated and determined as follows:

a) The Ministry of Agriculture and Rural Developmentshall investigate and determine aquatic resource protected areasand issue the list thereof in the whole country;

b) ThePeople’s Committeeof each province shall investigate and determine additionalaquatic resourceprotected areas in the province and submit a report to theMinistry of Agriculture and Rural Developmentfor considering and making additions to the list ofaquatic resource protected areas.

3.ThePeople’s Committeeof each province shall manageaquatic resource protected areas in the country.

4.The Minister ofAgriculture and Rural Developmentshall provide guidelines for managingaquatic resourceprotected areas.

Article18. Management ofaquatic resourcesand aquatic ecosystem in reserve forests and protection forests

1.The organization managingreserve forests and protection forests shall:

a) Specify contents of management and conservation ofaquatic resources and aquatic ecosystemin the plan for managingreserve forests andprotection forests;

b) Manageaquatic resources and aquatic ecosystem in reserve forests and protectionforests in accordance with regulations of this Law and other relevant regulations of law;

c) Assign qualified people to manageaquatic resourcesand aquatic ecosystem;

d) Assess condition ofaquatic resourcesand aquatic ecosystems inreserve forests andprotection forests and conserveaquatic resourcesand aquatic ecosystems;

dd) Submit annual or ad hoc reports on management ofaquatic resourcesandaquatic ecosystemto the regulatory authority in charge of fishery (hereinafter referred to as “fishery authority”).

2.Fishery authorities shall provide guidelines for and inspect the management of aquatic resources and aquatic ecosystem in reserve forests and protection areas.

Article 19. Management ofaquatic resourcesin wetland reserves

1.The authority setting up projects on establishment of wetland reserves havingaquatic resourcesshall get written permissions from theMinistry of Agriculture and Rural Development.

2. The organization managing wetland reservesshall:

a) Specify contents of conservation ofaquatic resourcesin plans for managingwetland reserves;

b) Manage aquatic resources and aquatic ecosystem in wetland reservesin accordance with regulations of this Law and other relevant regulations of law;

c) Assign qualified people to manage aquatic resources;

d) Assess condition ofaquatic resources in wetland reserves;

dd) Submit annual or ad hoc reports on management ofaquatic resourcesto fishery authorities.

3. Fishery authorities shall provide guidelines for and inspect the management of aquatic resources and aquatic ecosystem in wetland reserves.

Article20. Funding for protection and development ofaquatic resources

1.State budget

2.Funds for protection and development ofaquatic resources

3.Community funds

4.Other sources of financeprescribed by regulations of law on planning

Article 21.Fund for protection and development of aquatic resources

1.Fund for protection and development of aquatic resources is an off-budget fund, including central funds and provincial funds used for raising social resources for protection and development ofaquatic resources.

2.Power to establish fundsfor protection and development of aquatic resourcesis specified as follows:

a) The Minister ofMinistry of Agriculture and Rural Developmentshall decide to establish central funds;

b) Chairman/Chairwoman ofPeople’s Committeeof each province shall decide to establish provincial funds based on demand and raised resources of the province.

3.Operating principles offunds for protection and development of aquatic resourcesarespecified as follows:

a) The funds are non-profit;

b) The funds are used for assisting programs, projects or non-project activities related to protection and development ofaquatic resourcesthat have not been funded by the state budget or have not satisfied investment requirements;

c) The funds are usedtransparently and effectively for proper purposes and in accordance with regulations of law.

4.Sources of finance used forestablishingfunds for protection and development of aquatic resourcesinclude:

a) Voluntary contributions by organizations and individuals causing effects onaquatic resources,living environment, reproductive areas, areas where offspring live and migrationpatternsof aquatic species.

b) Money from sponsor, charity and trustee by domestic and foreign organizations and individuals;

c)Other sources of finance prescribed bylaw.

5.The Government shall prescribe functions, duties, organizational structure; operation, management and use of funds for protection and development ofaquatic resources.

Article 22. Community funds

1.Community fund is a fund established for providing assistance in protecting and developingaquatic resources. The State encourages organizations and individuals to establish community funds.

2.Community funds shall be granted by funds forprotection and development of aquatic resourcesand other legal sources of finance.

3.Community funds shall be organized and operated in accordance with regulations of law on funds

Chapter III

AQUACULTURE

Section1. AQUATIC BREEDS

Article23.Management of aquatic breeds

1.An aquatic breed shall satisfy the following requirements after being launched:

a) The breed is included in the list of aquatic species allowed to be traded in Vietnam;

b) It has declaration of applied standards and declaration of conformity in accordance with regulations of law;

c) Its quality is conformable with applied standards;

d)It has undergone quarantine in accordance with regulations of law.

2. The Ministerof Agriculture and Rural Development shall:

a) Issuenational technical regulationson aquatic breeds; regulations on useful life of parent aquatic breeds and request the Government to issue the list of aquatic species allowed to be traded in Vietnam;

b) Provide instructions on inspecting conditions of establishments manufacturing and raising aquatic breeds; quality of produced, imported and exported aquatic breeds prescribed in this Law and law on quality of goods and products; procedures for applying technical methods for dealing with violations of quality of aquatic breeds and provide instructions on updating information about aquatic breeds.

Article24. Conditions of producers and raisers of aquatic breeds

1.A producer of aquatic breed will be issued with the certificate of eligibility if it satisfies the following conditions:

a) Facilities for production are conformable with aquatic species; there are isolation wards for monitoring the health of new-come aquatic species;

b) There are technicians who are trained in aquaculture, aquatic pathology or biology;

c) A system for controlling quality and biological safety is applied;

d) In case of production of parent aquatic breeds, the producer shall have aquatic purebreds or aquatic breeds that have been recognized through testing or results of science and technology missions that have been recognized or approved by competent authorities.

2.Raisers of aquatic breeds will be issued with certificates of eligibility if they satisfy all conditions prescribed in Points a, b and c Clause 1 of this Article.

Article 25.Issuance, reissuance and revocation of certificates of eligibility for producing or raising aquatic breeds

1.Power to issue, reissue and revokecertificates of eligibility for producing or raising aquatic breedsshall be specified as follows:

a) TheMinistry of Agriculture and Rural Developmenthas power to issue, reissue and revokecertificates of eligibility for producing or raisingparentaquatic breeds;

b) ThePeople’s Committeeof each province has power to issue, reissue and revokecertificates of eligibility for producing or raising aquatic breedsin the province, except for the cases prescribed in Point a of this Clause.

2.Authorities issuing certificates of eligibility for producing or raising aquatic breeds shall inspect the maintenance of eligibility.

3.A certificate of eligibility for producing or raising aquatic breedswill be reissued if:

a) It is lost or damaged; or

b) The producer’s or raiser’s information specified in the certificate is changed.

4. A certificate of eligibility for producing or raising aquatic breeds will be revokedif:

a)Its contents are erased or changed;

b) The applicant fails to satisfy the conditions prescribed in Article 24 of this Law;

c) There are other violations in which thecertificateshall be revoked.

5.The Government provide detailed guidelines for conditions, the time when inspection of eligibility maintenance is carried out; Contents of and procedures for issuance, reissuance and revocation of certificates of eligibility for producing or raising aquatic breeds.

Article 26.Rights and responsibilities of producers and raisers ofaquatic breeds

1.A producer or raiser ofaquatic breedsis entitled to:

a) Produce or raise aquatic breed in accordance with thecertificate of eligibility for producing or raising aquatic breeds.

b) Receive training in regulations on aquatic breeds;

c) Advertise the aquatic breeds in accordance with regulations on advertisement;

d)Make complaints, denunciations and receive compensationsin accordance with regulations of law.

2. A producer or raiser of aquatic breedsshall:

a) Make declaration of conformity in accordance with regulations of law on standards, technical regulations and law on quality of goods and products; ensure and take responsibility for quality of aquatic breeds having declaration of conformity;

b)Apply the quality management system to ensure quality of products prescribed in the applied standards;

c) Produce aquatic species included in the list of aquatic species allowed to be traded in Vietnam; ensure biosafety during the production or raising of aquatic species;

c)Labelaquatic breeds in accordance with regulationsof lawonlabels;

dd) Update information and submit reports during the production and raising of aquatic breeds to national database on fishery in accordance with regulations of law;

e) Keep a log and retain documents during the production and raising of aquatic resources fortraceability;

g) Comply withinspection by competent authoritiesin accordance with regulations of law;

h) Comply with regulations and lawon useful life of parent aquatic breeds.

Article 27.Import and exportof aquatic breeds

1.Imported aquatic breeds shall have their quality inspectedin accordance with regulations of law.

2.Organizations and individuals are allowed to import aquatic breeds included in the list of aquatic species allowed to be traded in Vietnam. The import of aquatic breeds that are not included in the abovementioned list for testing, scientific research, display and exhibition shall be licensed by theMinistry of Agriculture and Rural Development.

3.An organization or individual is allowed to export aquatic breedsif:

a) The breed is not included in the list of aquatic species banned from export;

b)The breedssatisfy the conditions prescribedin the list ofexportedaquatic speciesrequiring certain conditions;

c) Export of aquatic breeds included in the list of aquatic breeds banned from export or aquatic breeds failing to satisfy the conditions prescribed in the list of aquatic species requiring certain conditions for scientific research and international cooperation shall be licensed by theMinistry of Agriculture and Rural Developmentaccording to the Prime Minister’s approval.

4.TheMinistry of Agriculture and Rural Developmentwill consider inspecting systems for managing and producing aquatic breeds in the exporting country in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory if:

a) The assessment is made for mutual recognition;

b) There are risks to quality, environment and bio-safety caused by aquatic species imported to Vietnam.

5. The Government shall provide detailed guidelines for this Article.

Article 28.Testingof aquatic breeds

1.Testing of anaquatic breedwill be carried outif:

a) The breed is created domestically for the first time through artificial selection, hybridization or other technical methods other than aquatic species created from results of science and technology missions that have been recognized or approved bycompetent authorities;

b) The breed imported for production or trading is not included in the list of aquatic species allowed to be traded in Vietnam.

2.Organizations carrying out testing of aquatic species (hereinafter referred to as “testing organization”) shall satisfy the following requirements:

a) At least 2technicianshave bachelor degree or higher decreein aquaculture, aquatic pathology or biology;

b)Facilities and equipment for production are conformable withtheaquatic speciessubject to testing;

c) The organization satisfies requirements for biosafety andenvironmentalsafety.

3.A testing organization has the following rights and responsibilities:

a) It may be involved in testing of aquatic speciesin accordance with regulations of law.

b) It may have its testing costs paid according to agreement with organizations and individuals in need of testing;

c) It may refuse to provide information related to testing results for the third party unless it is requested by competent authority;

d) It shall take responsibility for testing results;

c)It shall ensurebiosafety and environmental safetyduring the testing;

e) Comply with inspection by competent authorities in accordance with regulations of law;

4.The Government shall provide detailed guidelines for Clause 2 of this Article, naming aquatic breeds and procedures for testing of aquatic breeds.

Article 29.Assessmentof aquatic breeds

1.An aquatic breedshallbeassessed:

a) At the request of competent authorities;

b) At the request of organizations and individuals in case of complaints or denunciation.

2. The Ministry of Agriculture and Rural Developmentshall publish testing organizations eligible for assessing aquatic breeds.

3. An assessingorganization has the following rights and responsibilities:

a) It mayassessaquatic species in accordance with regulations of law.

b) It may be paid for assessment in accordance with regulations of law;

c) It may refuse to provide information related toassessmentresults for the third party unless it is requested by competent authority;

d) It shall take responsibility forassessmentresults;

dd) It shall ensure biosafety and environmental safety during theassessment of aquatic breeds.

Article 30.Labels of and documents on transportingaquatic breeds

1.Aquatic breedsshall be labeledin accordance with regulations of law on labeling in case of transportation.

2.Transporters of aquatic species shall have documents on quality and quarantine of aquatic species in accordance with regulations of law.

Section2. AQUATIC FEEDS AND PRODUCTS FOR ADJUSTING AQUACULTURE ENVIRONMENT

Article31.Management ofaquatic feeds and products for adjusting aquaculture environment

1.Aquatic feeds and products for adjusting aquaculture environmentshall satisfy the following requirements before being launched:

a) They havedeclaration of conformity in accordance with regulations of law;

b)Theirquality is conformable with applied standards;

c) Their information has been sent to theMinistry of Agriculture and Rural Developmentin accordance with regulations of law.

2. The Minister of Agriculture and Rural Development shall:

a) Issue national technical regulations onaquatic feeds and products for adjusting aquaculture environment;

b) Issue the list of chemicals, biological preparations and microorganisms banned from use in aquatic feeds and products for adjusting aquaculture environment;

c) Issue the list of chemicals, biological preparations, microorganisms and materials for manufacturing aquatic feeds allowed to be used in aquaculture in Vietnam based on testing results or results of science and technology missions that have been recognized or approved by the competent authorities or results of review, investigation and realistic assessment;

d) Provide instructions on inspecting conditions ofproducers, traders and importers ofaquaticfeedsand products for adjusting aquaculture environment; quality of produced, imported and exported aquaticfeedsand products for adjusting aquaculture environmentprescribed in this Law and law on quality of goods and products; procedures for applying technical methods for dealing with violations of quality of aquaticfeeds and products for adjusting aquaculture environment;

dd) Provide detailed guidelines for Point c Clause 1 of this Article; prescribe naming and allowable errors in analysis of quality of and technical criteria on aquatic feeds and products for adjusting aquaculture environment that shall have declaration of standard conformity

Article 32.Conditions for producers ofaquatic feeds and products for adjusting aquaculture environment

1. A producer of aquatic feeds and products for adjusting aquaculture environment will be issued with the certificate of eligibility if it satisfies the following conditions:

a) Place of production is located in an area not polluted by hazardous wastes and toxic chemicals;

b) The producer’s factory is encompassed by walls or fences for separation from outside;

c) Workshops and equipment are suitable for each type of products;

d) The producer is eligible for analyzing quality of products during the production;

dd) A system for controlling quality and biological safety is applied;

e) There are technicians who are trained in aquaculture, aquatic pathology,biology, chemistry or food technology;

1. The Government shall provide detailed guidelines for this Article.

Article 33.Conditionsfortraders and importerof aquatic feeds and products for adjusting aquaculture environment

A trader or importerof aquatic feeds and products for adjusting aquaculture environmentshall satisfy the following conditions:

1.Place of sale and place of maintenance are separated from pesticides, fertilizers and toxic chemicals;

2.There is equipment for maintainingaquatic feeds and products for adjusting aquaculture environmentaccording to instructions provided by their producers or providers.

Article 34. Issuance, reissuance and revocationofcertificates of eligibility for producingaquatic feeds and products for adjusting aquaculture environment

1.Power to issue, reissue and revokecertificates of eligibility for producing aquatic feeds and products for adjusting aquaculture environmentshall be specified as follows:

a) TheMinistry of Agriculture and Rural Developmenthas power to issue, reissue and revokecertificates of eligibility for producing aquatic feeds and products for adjusting aquaculture environmentof foreign investors and foreign investedbusiness entities;

b) The People’s Committee of each province has power to issue, reissue and revoke certificates of eligibility for producingaquatic feeds and products for adjusting aquaculture environment in the province,except for the cases prescribed in Point a of this Clause.

2. Authorities issuing certificates of eligibility for producingaquatic feeds and products for adjusting aquaculture environmentshall inspect the maintenance of eligibility .

3.Thecertificate of eligibility for producing aquatic feeds and products for adjusting aquaculture environmentwill be reissued if:

a) It is lost or damaged; or

b) Theproducer’s information specified in the certificateischanged.

4. The certificate of eligibility for producing aquatic feeds and products for adjusting aquaculture environment will be revokedif:

a) Its contents are erased or changed;

b) Theproducerfails to satisfy the conditions prescribed inClause 1Article32of this Law;

c) There are other violations in which the certificate shall be revoked.

5. The Governmentshallprovide detailed guidelines forconditions of producers and importers of aquatic feeds and products for adjusting aquaculture environment; contents and time of inspection of maintenance; contents of and procedures for issuance, reissuance and revocation of certificates of eligibility for producingaquatic feeds and products for adjusting aquaculture environment.

Article 35.Testingof aquatic feeds and products for adjusting aquaculture environment

1.Aquatic feeds and products for adjusting aquaculture environment shall be undergone testing if they containchemicals, biological preparations,microorganismsand materials not included in the lists prescribed in Points b and c Clause 2 Article 31 of this Law.

2.An organization carrying out testing ofaquatic feeds and products for adjusting aquaculture environment shall satisfy the following conditions:

a) At least 2 technicians have bachelor degreesor higher decreesin aquaculture, aquatic pathology or biology;

b) There are facilities serving the testing of aquatic feeds and products for adjusting aquaculture environment;

c) The organization satisfies requirements for biosafety and environmental safety.

3. Testing of aquatic feeds and products for adjusting aquaculture environmentshall include the following activities:

a) Analysis of components and quality of products;

b) Analysis of characteristics and uses of products;

c) Analysis of toxicity and safety of the products to raised aquatic species, environment and users;

d) Other activities depending on specific characteristics of each product.

4.The organization carrying out testing of aquatic feeds and products for adjusting aquaculture environmenthas the following rights and responsibilities:

a) It maycarry outtesting of aquatic feeds and products for adjusting aquaculture environment in accordance with regulations of law.

b) It may be paid fortesting activitiesin accordance with regulations of law;

c) It may refuse to provide information related to testing results for the third party unless it is requested by competent authority;

d) It shall take responsibility for testing results;

dd) It shall ensure biosafety and environmental safety during the testing;

e)It shall comply with inspection by competent authorities in accordance with regulations of law;

5.ThePeople’s Committeeof each province shall carry out testing in the province.

6.The Government shall provide detailed guidelines for Clauses 2 and 3 of this Article and prescribe procedures for testing of aquatic feeds and products for adjusting aquaculture environment.

Article 36.Import and exportof aquatic feeds and products for adjusting aquaculture environment

1.Quality of importedquatic feeds and products for adjusting aquaculture environmentshall be inspected.

2.Organizations and individuals may importquatic feeds and products for adjusting aquculture environmentcontainingchemicals, biological preparations, microorganisms and materialsof aquatic feedsincluded in the listofchemicals, biological preparations, microorganisms and materialsof aquatic feeds allowed to be used in aquaculture in Vietnam. Import ofquatic feeds and products for adjusting aquculture environmentcontainingchemicals, biological preparations, microorganisms and materialsof aquatic feedsincluded in the lists prescribed in Points b and c Clause 2 Article 31 of this Law for testing, scientific research, display in fairs and exhibitions shall be licensed by theMinistry of Agriculture and Rural Development.

3.Exportedquatic feeds and products for adjusting aquaculture environmentshall satisfy the requirements prescribed in law of the exporting country and Vietnam law.

4. The Ministry of Agriculture and Rural Development will consider inspecting systems for managing and producingaquatic feeds andproducts for adjusting aquaculture environment in the exporting country in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory if:

a) The assessment is made for mutual recognition;

b) There are risksof foodquality, food safety,epidemic orenvironmental issuescaused byproductsimported to Vietnam.

5. The Government shall provide detailed guidelines for this Article.

Article 37.Responsibilities of producers, traders, importers and users ofaquatic feeds and products for adjusting aquaculture environment

1.Aproducer of aquatic feeds and products for adjusting aquaculture environmentshall:

a) Control quality of products during the production in accordance with regulations of law on quality of goods and products;

b)Make declarationsof conformity in accordance with regulations of law.

c)Label products in accordance with regulations of law on labeling; keep a log and retain documents during the production for traceability;

d) Take legal responsibility for quality of its products; handle, recall or destroy products whose quality fails to satisfy requirements prescribed by law and pay compensations for damages to sellers and aquaculture farmers;

dd)Send information on its productsto the Ministry of Agriculture and Rural Development in accordance with regulations of lawbefore they are launched;

e)Comply with inspection by competent authorities in accordance with regulations of law;

2. Atrader or importerof aquatic feeds and products for adjusting aquaculture environment shall:

a) Inspect origins, useful life and intactness of products,standard conformity markingandtechnical-regulation conformity marking(if any);

b) Take measures for maintaining quality of products according to instructions given by their producers;

c) Send information ontheproductsimported for the first timeto the Ministry of Agriculture and Rural Development in accordance with regulations of law before they are launchedand make a declaration of standard conformity.

d) Comply with inspections of eligibility and quality of products in accordance with regulations of law; handle, revoke and destroy products violating regulations on food quality and safety and pay compensations for damage to aquaculture farmers in accordance with regulations of law.

3. Auserof aquatic feeds and products for adjusting aquaculture environment shall:

a) Comply with regulations of law and instructions given by providers and producers related to transport, storage, maintenance and use of products;

b) Comply with inspections of quality of productscarried out by fishery authorities; destroy aquatic feeds and products for adjusting aquaculture environment and raised aquatic species that fail to ensure food quality and safety in accordance with regulations of law.

Section3.AQUA-CULTURE

Article 38.Conditions for organizations and individuals engaged in aquaculture

1.An organization or individual engaged in aquacultureshall satisfy the following requirements:

a) Place of aquaculture shall comply with regulations on using land and marine aquaculture waters in accordance with regulations of law;

b) Facilities are conformable withaquatic species and raising methods;

c) Regulations of law on environment safety, veterinary medicines and occupational safety are complied;

d) Regulations of lawon food safety are complied;

dd) Cage culture and main aquatic species are registered.

2.Organizations and individuals raising aquatic species for ornamental purposes, entertainment, fine arts and cosmetics shall comply with regulations in Points a, b, c and dd Clause 1 of this Article.

3. Organizations and individuals engaged in mariculture shall formulate mariculture projects and be licensed by competent authorities, except for the individuals prescribed in Point a Clause 2 Article 44 of this Article.

4.The Prime Minister shall specify main aquatic species.

5. The Government shall provide detailed guidelines for conditionsof organizations and individuals engaged in aquaculture; power,contents of and procedures for issuanceofcertificates of eligibility foraquaculture; power, contents of and procedures for registration of cage culture and main aquatic species; contents of and procedures for issuing licenses for mariculture activities.

Article39. Power to issue licenses for mariculture

1.ThePeople’s Committeeof each province has power to issue licenses for mariculture to Vietnamese organizations and individuals within the waters extending 6 nautical miles from the lowest average edge of seawater in multiple years.

2.TheMinistry of Agriculture and Rural Developmenthas power to issue licenses for mariculture to Vietnamese organizations and individuals in waters with a distance of 6 nautical miles from the lowest average edge of seawater, border waters between provinces orcentral-affiliated citiesand waters located in both outside and inside the waters extending 6 nautical miles from the lowest average edge of seawater in multiple years

3.The Government shall prescribe the issuance of licenses for mariculture to foreign investors and foreign investedbusiness entities in accordance with regulations in Clause 1 Article 44 of this Article.

Article40. Breeding, raising and artificial propagation of aquatic species prescribed in Appendices of Convention on International Trade in Endangered Species of Wild Fauna and Flora and endangered, precious and rare aquatic species

1.Organizations and individuals are allowed to breed, raise or carry outartificial propagation of aquatic species prescribed in Appendices of Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES)and endangered, precious and rare aquatic speciesin accordance with regulations of CITES and Vietnam law.

2.Fishery authorities of provinces shall manage and trace origins ofaquatic species prescribed in Appendices ofCITESand endangered, precious and rare aquatic speciesoriginating from aquaculture or nature.

3.The Government shall prescribe procedures for tracing origins of aquatic species prescribed in Clause 2 of this Article; conditions and power of and procedures for issuance of certificate of eligibility for breeding, raising andartificial propagationofaquatic species prescribed in Appendices ofCITESand endangered, precious and rare aquatic species

Article41. Environmental monitoring and warning and epidemic prevention in aquaculture

Environmental monitoring and warning and epidemic prevention in aquaculture shall be carried out in accordance with regulations of law on veterinary medicines and other relevant regulations.

Article42. Rights and responsibilities organizations and individuals engaged in aquaculture

1.Organizations andindividualsengaged in aquacultureare entitled to:

a) Be issued with the land use right certificates by the competent authorities in case of allocation or lease of land for aquaculture in accordance with regulations in Article 43 of this Law or decisions on allocating the right to use marine aquaculture waters in accordance with regulations in Article 44 of this Law;

b) Have their legal rights and interests protected from infringement committed by other organizations and individuals by the State during the aquaculture; receive compensations when the Stateexpropriates land or marine waters for public, national defense and security purposes in the term of land or marine water allocation in accordance with regulations of law;

c) Receive notifications of environment and epidemics in aquaculture area and instructions on aquaculture techniques and information on market of aquatic products;

d) Be provided with assistance in production restoration by the State in case of damage caused by epidemics and natural disasters in accordance with regulations of law;

dd) Be issued with certificates of eligibility for aquaculture by competent authorities if required.

2.Organizationandindividualsengaged in aquacultureshall:

a) Use allocated land and waters for proper purposes and not beyond the prescribed boundary for aquaculture and protect common works for aquaculture;

b) Fulfill financial obligations to use land and marine aquaculture waters in accordance with regulations of law;

c)Monitor and supervise criteria onaquacultureenvironmentin accordance with regulations of law;

d) Comply with regulations on prevention of natural disasters; ensure safety of people and property during the aquaculture; comply with regulations on food safety, bio-safety andenvironmentalsafety;

dd) Use equipment, aquatic breeds, aquatic feeds, veterinary medicines for aquatic species andproducts for adjusting aquaculture environmentin accordance with regulations of law;

e) Retain documents on aquatic breeds, veterinary medicines for aquatic species andproducts for adjusting aquaculture environmentthat are used during the aquaculture and other documents on the process of aquaculture to ensuretraceability;

g) Take legal responsibility for aquaculture activities, food quality and safety of their aquatic products; be under inspection and supervision by competent authorities during the aquaculture;

h) Update information and report on the aquaculture on fishery national database;

i) Return land and marine aquaculture waters when being issued with decisions on land allocation in accordance with regulations of law.

Section4. ALLOCATION, LEASE ANDEXPROPRIATIONOF LAND AND MARINE AQUACULTURE WATERS

Article43.Land allocation, lease and expropriation for aquaculture

Landshall beallocated, leased orexpropriatedfor aquaculturein accordance with regulations of law on land.

Article44.Allocation of marine aquaculture waters

1.Marine waters shall be allocated foraquacultureaccording to the national marine spatial planning, planning of provinces and regulations of law on sea and ensure national defense and security.

2.Power to allocatemarine waterswithout levyfor aquacultureis specified as follows:

a) ThePeople’s Committeeof each district has power to allocate marine waters to Vietnamese individuals who shall modify from inshore commercial fishing toaquacultureaccording to decisions issued by competent authorities or the individuals permanently reside in the district, have their major incomes earned fromaquacultureand are certified byPeople’s Committees of the communes where they reside. The People’s Committee of each district has power to allocate marine waters under its management extending 3 nautical miles from the lowest average edge of seawater in multiple years;

b) ThePeople’s Committeeof each province has power to allocate marine waters to Vietnamese organizations and individuals that carry out science and technology missions for aquaculture approved by competent authorities.The People’s Committee of eachprovincehas power to allocate marine watersunder its managementextending6nautical miles from the lowest average edge of seawarter in multiple years;

c)TheMinistry of Natural Resources and Environment has power to allocatemarine watersto Vietnamese organizations and individuals that carry out science and technology missions for aquaculture approved by competent authorities.TheMinistry of Natural Resources and Environment has power to allocate marine waters under its managementexceeding6 nautical miles from the lowest average edge of seawarter in multiple yearsand border waters of provinces andcentral-affiliated cities.

3. Power to allocate marine waters with levy for aquaculture is specified as follows:

a) ThePeople’s Committeeof each province has power to allocate marine waters in the case prescribed in Clause 1 Article 39 of this Law;

b) TheMinistry of Natural Resources and Environmenthas power toallocate marine waters in the casesprescribed in Clauses 2 and 3Article 39 of this Law;

4.Period of allocation of marine aquaculture waters shall not exceed 30 years from the day on which the decision on allocating marine waters comes into force. When the abovementioned period expires, the State considers extending the allocation of marine waters for organizations or individuals wishing to continue using allocated marine waters. The allocation period may be extended more than once but total extension period shall not exceed 20 years. Period of allocation of marine waters forscience and technology missionsshall not exceed the period of these missions approved by competent authorities.

5.A decision on allocating marine aquaculture waters will be adjusted if:

a) Information on the organization or individual receiving marine aquaculture waters is changed;

b) Changes in contents of applications, science and technology missions oraquacultureprojects cause changes in contents of the decision on allocating marine aquaculture waters.

6.The Government shall provide guidelines for allocation, extension, limit of and levies on marine waters and amendment to decisions on allocating marine aquaculture waters.

Article 45.Expropriation and requisition of marine waters that have been allocatedfor aquaculture

1.The State will expropriate the entire or partial marine waters that have been allocated foraquacultureif:

a) The organization or individual fails to use the marine waters in accordance with the decision on allocating marine aquaculture waters or violates regulations on protectingcommon works for aquaculture;

b) The organization or individual fails to use the entire or partial allocated marine aquaculture waters for more than 24 continuous months unless this organization or individual has reasonable purposes approved by the competent authority;

c) The marine waters are expropriated for public, national defense or security purposes;

d)The responsibilitiesprescribed in Clause 1 Article 47 of this Laware violated;

dd) The organization or individual fails to fulfill financial obligations prescribed in Point b Clause 2 Article 42 of this Law and fails to comply withpenalties for administrative violations;

e) The decision is not conformable with the national marine spatial planning that has been approved by the competent authority;

g) Theorganization or individual no longer satisfiesthe conditions prescribed in Article 38 of this Lawand fails to take remedial measures promptly.

2.The State decides to requisition marine waters if necessary for performance of national defense or security duties or in case of emergency, environmental incidents or prevention of natural disasters. Marine waters shall be requisitioned in accordance with regulations on compulsory purchase and requisition of property.

3.Authorities allocating marine aquaculture waters have power to expropriate the allocated waters.

4.The Government shall prescribe procedures for expropriationand requisition of marine waters that have been allocated for aquaculture.

Article46. Rights of users ofmarine watersallocated by the Statefor aquaculture

1.Users ofmarine watersallocated by the Statefor aquaculturehave the rights prescribed in Clause 1 Article 42 of this Law and are entitled to:

a) Use allocatedmarine aquaculture waters;

b) Return the entire or partial allocated marine waters;

c) Use information and data related to allocated marine waters in accordance with regulations of law.

2.Vietnamese individuals using marine waters allocated without levy by the State foraquaculturementioned in Point a Clause 2 Article 44 of this Law have the rights prescribed in Clause 1 of this Article and may pledge their property on allocated marine waters in Vietnamesecredit institutionsin accordance with regulations of law.

3. Vietnamese individualswho usemarine waters allocated with levy for aquaculture by the Stateand have paid annual levies have the rights prescribed in Clause 1 of this Article and are entitled to:

a) Mortgagetheir property on allocated sea water in Vietnamese credit institutions in accordance with regulations of law;

b) Transfer their property on allocated marine waters. Transferees that continue being engaged inaquaculturewill have the rights as those of transferors.

4.Vietnamese users of marine waters allocated with levy by the State foraquaculturethat have paid lump sum levies for the entire allocation period have the rights prescribed in Clause 1 of this Article and are entitled to:

a) Mortgage the right to useallocated marine watersand their property on these watersin Vietnamese credit institutionswithin the period of allocationin accordance with regulations of law;

b) Transfer the right to use marine waters and their property on these waters. Individuals may leave the right to use the allocated marine waters to their heirsin accordance with regulations of law.Transferees and heirs of the right to use allocated sea water foraquaculturehave the rights prescribed in this Clause;

c) Use theright to use allocated marine waters and their property on these watersas stakesin accordance with regulations of law;

d)Leasethe right to use marine waters and their property on these waterswithin the term of allocation. The marine waters shall only be leased if they have been invested in under the projects and are used for proper purposes by lessees.

5.The Government shall provide detailed guidelines for return of marine waters, pledge of the right to use marine waters; lease, use as stakes and transfer of the right to use allocated sea water between Vietnamese organizations and individuals; lease, use as stakes and transfer of the right to use allocated sea water between Vietnamese organizations and individuals and foreign investors and foreign investedbusiness entities foraquaculture; rights of foreign investors and foreign investedbusiness entities using marine waters allocated, leased, used as stakes or transferred by Vietnamese organizations and individuals foraquacultureand compensations for expropriating marine waters for public, national defense or security purposes.

Article 47. Rresponsibilitiesofusers of allocatedmarine aquaculture waters

Users of marine aquaculture waters allocated by the Statehave the responsibilitiesprescribed in Clause 2 Article 42 of this Law andshall not:

1.Carry out activities affecting national defense, security, national sovereignty and interests at sea;

2.Obstruct basic investigations and scientific research related to natural resources, marine environment and other legal activities approved by competent authorities;

3.Foreign investors, foreign investedbusiness entities using allocated marine aquaculture waters or marine waters whose use right is leased, received as stakes or transferred from Vietnamese organizations and individuals foraquacultureshall comply with the Government’s regulations

Chapter IV

COMMERCIAL FISHING

Section1. DOMESTIC COMMERCIAL FISHING AND FISHING WITHIN THE VIETNAM’S MARITIME BOUNDARY

Article48. Management of fishing areas

1.The Government shall prescribe fishing areas including the coastal waters, inshore waters and waters from the inshore route to the outer boundary of Vietnam’s exclusive economic zone and activities of commercial fishing vessels in the abovementioned areas.

2. The Ministryof Agriculture and Rural Developmentshall manage the commercial fishing in the waters from the inshore route to the outer boundary of Vietnam’s exclusive economic zone.

3. The People’s Committee of each province shall managethe commercial fishing in coastal and inshore waters and domestic commercial fishing in the province.

Article 49.Quota on issuance of marine fishing licenses

1.Bases for determining quota on issuance of marine fishing licenses include:

a) Results of aquatic resourcesinvestigation and assessment;

b) Variable trend ofaquatic resources;

c) The maximum production of aquatic species allowed to be caught sustainably;

d) Structure of fishery vocations, aquatic species to be caught and fishing areas;

dd) The bases for catching aquatic migratory aquatic species or aquatic species living in shoals shall include those prescribed in Points a, b, c and d of this Clause and production allowed to be caught of each species. TheMinistry of Agriculture and Rural Developmentshall determine the aquatic species prescribed in this Point.

2. Pursuant toClause 1 of this Article, theMinistry of Agriculture and Rural Developmentshall determine and assign quotas on issuance of marine fishing licenses and production allowed to be caught of each species in the waters from the inshore route to the outer boundary of Vietnam’s exclusive economic zone of provinces.

3. Pursuant to Clause 1 of this Article,thePeople’s Committeeof each provinceshall determine and assign quotason issuance of marine fishing licenses andtheproduction allowed to be caught of each species inthe coastal waters and inshore water under it management.

4.The quota on issuance marine fishing licenses shall be published and adjusted every 60 months. If there is any variation inaquatic resources, according to results of investigation into and assessment of aquatic resources in each subject, annual investigation into and assessment of commercial fisheries, theMinistry of Agriculture and Rural DevelopmentandPeople’s Committees of provinces shall adjust the production allowed to be caught of each species.

Article 50.Commercial fishing licenses

1.Organizations and individuals using commercial fishing vessels with the maximum length of at least 6 meters for engaging in fishing shall have commercial fishing licenses.

2.The organization or individual prescribed in Clause 1 of this Article will be issued with the commercial fishing license if:

a) The marine fishing does not exceed the quota on issuance ofmarine fishing licenses;

b) The commercial fishing is not included in the list of banned vocations;

c) The commercial fishing vessel requiring inspection is issued with the certificate of technical safety;

d) The commercial fishing vessel is provided with communication equipment as prescribed by theMinistry of Agriculture and Rural Development;

dd) The commercial fishing vessel with the maximum length of at least 15 meters is equipped with the vehicle tracking device in accordance with the Government s regulations;

e) Theorganization or individual has obtained the registration certificate of commercial fishing vessels;

g)The master and chief engineer officer have degrees or certificatesprecribed by the Ministry of Agriculture and Rural Development;

h) In case of reissuance of the expired license, the organization or individual satisfy the requirements prescribed in Points b, c, d, dd, e and g of this Clause and have submitted extraction log in accordance with regulations of law and the commercial fishing vessel is not included in the list of illegal commercial fishing vessels published by theMinistry of Agriculture and Rural Development.

3. Main contents of thecommercial fishing licenseinclude:

a) Name of the organization or individual;

b) Registration number, name and call sign of the commercial fishing vessel and the International Maritime Organization (IMO) number (if any);

c) Fishing vocations and areas;

d) Fishing period of each vocation;

dd) The production allowed to be caught of each species (if any);

e) The registered fishing port;

g) Expiry date

4. Acommercial fishing licensewill be reissued if:

a) It is lost or damaged; or

b) Thelicense holder’sinformation specified in thelicense or the registered fishing portis changed;

c) The license expires.

5.A commercial fishing licensewill be revokedif:

a) Its contents are erased or changed;

b) Aquatic species are extracted outsidetheVietnam’s maritime boundary;

c) The registration of commercial fishing vessel has been cancelled;

d) Theconditions prescribed in Clause2 of this Article are no longer satisfied.

6.The period of a commercial fishing license is specified as follows:

a) The period of the license issued for the first time or reissued in accordance with regulations of Point c Clause 4 of this Article shall not exceed the remaining period of the fishing quota from the day on which it is issued;

b)The period of thelicense reissued in accordance with regulations in Points a and b Clause 4 of this Article shall be the same as the remaining period of the issued license.

7.Contents of a commercial fishing license will be adjusted if there is any variation inaquatic resourcesas prescribed in Clause 4 Article 49 of this Law. TheMinistry of Agriculture and Rural DevelopmentandPeople’s Committees of provinces shall notify adjustments to licenses to extract aquatic resources to ship-owners.

Article 51.Issuance, extension, reissuance and revocation of commercial fishing licenses

1.ThePeople’s Committees of province have power to issue, extend, reissue or revoke commercial fishing licenses, except for the cases prescribed in Clause 2 of this Article.

2.TheMinistry of Agriculture and Rural Developmentshall issue, extend and revoke commercial fishing licenses regarding foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary and Vietnamese organizations and individuals engaged in commercial fishing activities outside the Vietnam’s maritime boundary.

3.The Government shall provide guidelines for procedures for issuance, extension, reissuance and revocation of commercial fishing licenses.

Article 52. Rights and responsibilities organizations and individualsengaged in fishing activities

1.Organizations andindividuals engaged in fishing activities are entitled to:

a) Be engaged in fishing activities in accordance with contents of their licenses;

b) Receive information onaquatic resources, fishery activities, markets of aquatic products and instructions on fishing technologies and techniques;

c) Have their legal rights and interests protected by the State during the fishing.

2. Organizations and individuals engaged in fishingshall:

a) Comply with regulations specified in commercial fishing licenses and maintain the conditions prescribedin Clause 2 Article 50 of this Law;

b) Comply with regulations on ensuring safety of people, commercial fishing vessels and food safety of caught aquatic species; actively take measures for preventing natural disasters and rescue people and ships in distress;

c) Fly the national flag of the Socialist Republicof Vietnamon their commercial fishing vessels; mark their commercial fishing vessels according to each fishing area, mark their fishing tackle that used at fisheries in accordance with regulations issued by theMinistry of Agriculture and Rural Development;

d) Comply with inspections carried outby competent authorities in accordance with regulations of law;

dd) Be involved in rescue and protection of sovereignty, security and order in fishing areas; denounce violations of law on fishery;

e) Comply with regulations on management of fishing areas, fishery vocations, size of aquatic species to be extracted and commercial fishing tackle; comply with adjustments to contents of commercial fishing licenses in case of notifications of adjustment to the production allowed to be caught of each species given byPeople’s Committees of provinces;

g) During the commercial fishing, the following documents shall be carried: the original copy or copy of the commercial fishing license in the case where this license is required, the certificate of technical safety in case of the commercial fishing vessel requiring inspection, the registration certificate of the commercial fishing vessel, the directory of ship officers, decrees and certificates of the master and chief engineer officer; ID cards, passports or other identity papers as prescribed by law on crewmembers;

h) Record and submit reports and fishing logbooks according to instructions provided by theMinistry of Agriculture and Rural Development.

Section 2. COMMERCIAL FISHINGOUTSIDE THE VIETNAM’S MARITIME BOUNDARY

Article53.Conditions for commercial fishingoutside theVietnam’s maritime boundary

1.Organizations and individuals engaged in fishing activities outside the Vietnam’s maritime boundary will be approved regarding commercial fishing in the maritime boundary of other countries or territories or licensed regarding commercial fishing in the waters under management of RFMOs by theMinistry of Agriculture and Rural Developmentif they satisfy the following conditions:

a) They are approved bycompetent authorities of the countries or territories owning fishing areas or issued with fishing quotas by the RFMOs;

b) Commercial fishing vessels are eligible for operation, have been registered, issued with certificates of technical safety whose remaining period is at least 6 months; have sufficient equipment for ensuring safety of people and commercial fishing vessels, suitable vehicle tracking devices and communication equipment;

c) Masters and chief engineer officers have degrees or certificates issued bycompetent authorities. Crewmembers have insurance and passports. At least one person working on the vessel or group of vessels can use English or a common language of the country or territory where the commercial fishing vessels extract aquatic species. The cross-border departure of commercial fishing vessels is not banned in accordance with regulations of law;

d) Other conditions prescribed by the RMFO, countries or territories are satisfied.

2. The Government shall provide detailed guidelines for this Article.

Article54. Responsibilities of organizations and individuals engaged in commercial fishingoutside theVietnam’s maritime boundary

Organizations and individualsengaged in commercial fishingoutside the Vietnam’s maritime boundaryshall:

1.Be approved or licensedby the Ministry of Agriculture and Rural Development.

2.Go through procedures for exit and entry in accordance with regulations of Vietnam law and laws of the countries or territories where they extract aquatic species.

3.Comply with regulations of Vietnam law, regulations of international treaties to which the Socialist Republic of Vietnam is a signatory, laws of countries and territories where aquatic species are extracted and regulations issued by the RFMOs managing the waters where aquatic species are extracted.

4.In case of accidents or dangers requiring assistance, crewmembers shall give emergency signals or andpromptlycontact the nearest competent authorities of the countries or territories; notify the nearest representative authorities of Vietnam in the countries or territories, fishery authorities of provinces or theMinistry of Agriculture and Rural Development.

5.During the commercial fishing, the masters shall carry original copies or certified copies of relevant documents issued by Vietnamesecompetent authorities and relevant documents issued by the countries or territories when the commercial fishing vessels operate in the waters under their management.

6.Cooperate with competent authorities in dealing with cases related to people and commercial fishing vessels used for fishing outside the territory of Vietnam.

7.The ship-owners and masters shall provide ship officers with guidance on rights and responsibilities related to commercial fishingoutside the Vietnam’s maritime boundary;

8.The ship-owners shall buy insurance for crewmembers and cover all costs arising during the commercial fishing outside theVietnam’s maritime boundary.

Section 3. COMMERCIAL FISHINGBY FOREIGN COMMERCIAL FISHING VESSELS WITHIN THE VIETNAM’S MARITIME BOUNDARY

Article55.Conditions for issuing licenses to foreign organizations and individuals engaged in commercial fishingwithin the Vietnam’s maritime boundary

Foreign organizations or individuals will be issued with commercial fishing licenses within the Vietnam’s maritime boundary if all of the following conditions are satisfied:

1.There are international agreements orinternational treaties to which the Socialist Republic of Vietnam is a signatory; licenses or approvals granted by competent authorities of the country owning the commercial fishing vessels specifying that the commercial fishing within the Vietnam’s maritime boundary is allowed;

2.There are investment registration certificates issued by competent authorities or cooperation projects on engaged in fishing approved by the Prime Minister or cooperation projects on investigating and assessingaquatic resources, technical training, transferring technologies in fishery, collecting and transporting aquatic species within the Vietnam’s maritime boundary that have been approved by theMinistry of Agriculture and Rural Developmentor Chairmen/Chairwomen ofPeople’s Committees of provinces.

Projects on fishing within the Vietnam’s maritime boundary are approved in accordance with regulations in Points a and b Clause 2 Article 50 of this Law. The commercial fishing vessels are not included in the list of illegal commercial fishing vessels made and published by Vietnamesecompetent authorities or RFMOs or international authorities;

3.There are registration certificates of commercial fishing vessels and certificates of technical safety whose remaining period is at least 6 months issued by the competent authorities of the flag state and certificates of use of frequency and radio transmitters issued by Vietnamese competent authorities;

4.There is a list of crewmembers. Masters and chief engineer officers have degrees or certificates suitable for types of vessels. Foreign crewmembers of foreign commercial fishing vessels operating within the Vietnam’s maritime boundary are approved by theMinistry of Public SecurityandMinistry of National Defense. Ship officers have passports and insurance;

5.There arevehicle tracking devices as prescribed by regulations and law;

6.At least one person working on the vessel is proficient in Vietnamese or English.

Article 56.Issuance, extension, reissuance and revocation oflicensesofforeign organizations and individualsengaged in commercial fishing activities within the Vietnam’s maritimeboundary

1. Main contents of the license include:

a) Name and address of the ship-owner;

b) Registration number, name and call sign of the commercial fishing vessel and IMO number (if any);

c) Information on radio frequency;

d) Fishing areas, fishery vocations and operating fields of the commercial fishing vessels;

dd) Places where procedures for cross-border departure and arrival are gone through;

e) The registered port;

g) Expiry date

2.The period of the license shall depend on the period of investment registration or cooperation projects but shall not exceed 12 months.

3.The commercial fishing license issued to a foreign organization or individual will be extended more than once but each extension period shall not exceed 12 months if the following conditions are satisfied:

a) The investmentregistration certificateor cooperation project on fishery is valid;

b) Fishing logbooks or operating reports are submitted in accordance with regulations of law.

4. Foreign organizations or individuals will bereissued with commercial fishing licenses within the Vietnam’s maritime boundary iftheir licenses are lost, damaged or changed in the validity period of their investment registration certificates or cooperation projects on fishery.

5.Thecommercial fishing licenseissued to a foreign organization or individualwill be revoked if:

a) Its contents are erased or changed;

b) The foreign organization or individual fails to comply with the contents specified in the license;

c) Theinvestment registrationcertificateor cooperation projectfinishes before the expiry date of the license;

d) The conditions prescribed in Article55 of this Laware no longer satisfied.

dd) The commercial fishing vessel isdestroyed, sunkand cannot be salvaged ormissing;

e) Aquatic species on the commercial fishing vessels originating from illegal commercial fishing.

6.TheMinistry of Agriculture and Rural Developmenthas power to issue, extend, reissue and revokelicenses to foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary.

7.The Government shall provide guidelines for issuance, extension, reissuance and revocation of licenses to foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary.

Article 57.Rights and responsibilities offoreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary

1.Foreign organizations and individualsengaged in commercial fishing activitieswithin the Vietnam’s maritime boundaryare entitled to:

a) Be engaged in commercial fishing activitieswithin the Vietnam’s maritime boundaryinaccordance with contents of their licenses;

b) Receive information related to fishery activitiesin accordance with regulations ofVietnamlawif requested;

c) Have their legal rights and interests protected by theVietnamese Governmentduringthe commercial fishing in Vietnam.

2.Foreign organizations and individuals engaged incommercialfishingactivities withinthe Vietnam’s maritime boundaryshall:

a) Pay sufficient fees and charges in accordance with regulations of Vietnam law and buy insurance for supervisor;

b) Only anchor the commercial fishing vessels in registered ports and send written notifications to theMinistry of Agriculture and Rural Developmentat least 7 working days from the day on which the vessels arrive in Vietnam; go through procedures for cross border departure and arrival in accordance with regulations of Vietnam law;

c) Carry sufficient original copies or certified copies of licenses for fishery activities issued by Vietnamese competent authorities, certificates of technical safety, licenses to use frequency of radio transmitters issued by Vietnamese competent authorities, directories of crewmembers;

d) Keep and submit fishing logbooks of every voyage regarding commercial fishing vessels; operating reports of every voyage regarding ships used for investigating and assessingaquatic resources, providing technical training, transferring fishery technologies, collect and transporting aquatic species in accordance with regulations issued by theMinisterof Agriculture and Rural Development. Fishing logbooks or operating reports shall be made in Vietnamese or English;

dd) Comply with requirements of supervisors; ensure working and living conditions for supervisors; pick supervisors up and return them to places approved by theMinistry of Agriculture and Rural Development;

e) Comply with inspectionand controlby competent authorities in accordance with regulations ofVietnamlaw;

g)In case of accidents or dangers requiring assistance, crewmembers shall give emergency signals or andimmediately notifythe nearestVietnamese relevantauthorities;

h) Only sell aquatic products in Vietnam unless there is an export contract;

i) If a foreign vessel is shut down when its license is still valid, the ship-owner shall send a written report to theMinistry of Agriculture and Rural Developmentat least 7 working days before it is shut down;

k)Fly national flags in accordance with the Government’s regulations

l) Comply with otherregulations ofVietnam law andinternational treaties to which the Socialist Republic of Vietnam is a signatory.

Article58. Supervisors working onforeign commercial fishing vesselsoperating withintheVietnam’s maritime boundary

1.Aforeign commercial fishing vessel operating within the Vietnam’s maritime boundaryshall have supervisor(s) if it is used for:

a) Commercial fishing;

b) Investigatingaquatic resources;

c) Providing technical training and transferring fishery technologies.

2.A supervisorshall satisfy the following requirements:

a) He/she is a part-time official or public employee appointed by the Ministry of Agriculture and Rural Development shall:

b) He/she satisfies health requirement for going out to sea;

c) He/she is qualified for supervision;

d) He/she is proficient in English or another common language of the country or territory having vessels engaged in fishery activities within the Vietnam’s maritime boundary.

3.If there are official(s), public employee(s) or employee(s) of theMinistry of Agriculture and Rural Developmentworking on a foreign vessel engaged in fishery activities within the Vietnam’s maritime boundary under an approved project or contract, supervisor(s) are not required.

Article59. Rights and responsibilities of supervisors

1. A supervisoris entitled to:

a) Request crewmembers to comply with regulations of Vietnam law and regulations specified in the licenses;

b) Request the master to take the vessel to the nearest port if it is found that the foreign crew and vessel commit serious violations of Vietnam law;

c) Inspect and supervise activities on the vessel, fish finders and communication equipment of the vessel;

d) Use communication equipment of the vessel for working if necessary;

dd) Have insurance during the supervision of the vessel;

e) Have his/her working and living conditions on the vessel ensured by the ship=owner;

g) Receive salary, per diem and allowances in accordance with the Government s regulations

h) Receive other allowances and wages from partners if it is specified in a cooperation convention, projects or contract.

2. A supervisorshall:

a) Supervise activities and compliance with regulations of Vietnam law by foreigners and foreign vessels engaged in fishery activities within the Vietnam’s maritime boundary;

b) Submit sufficient and timely reports on information related to activities of foreign vessels according to assigned duties to theMinistry of Agriculture and Rural Development.

Section 4. ILLEGAL COMMERCIAL FISHING

Article 60. Illegal commercial fishing

1.Illegal commercial fishing activities include:

a) Commercial fishing without licenses;

b) Commercial fishing in the areas where it is banned, commercial fishing in the period when it is banned; catching and transporting aquatic species banned from commercial fishing; catching aquatic species whose sizes are smaller than those prescribed by law; being engaged in banned fisheries or using banned fishing tackle;

c) Illegally catch ofendangered, precious and rare aquatic species;

d) Illegal commercial fishing in the waters under management of RFMOs, other countries or territories;

dd) Illegal commercial fishing exceeding the production of each aquatic species, failure to catch aquatic species in the areas and within the period specified in the licenses;

e) Concealment, counterfeiting or destruction of evidence for violations of regulations related to catching and protection ofaquatic resources;

g) Stopping and resisting persons carrying out inspections and supervision of compliance with regulations on extracting and protectingaquatic resources;

h) Transshipping or providing assistance for vessels determined to be involved in illegal commercial fishing, except forforce majeure;

i) Failure to have sufficient communication equipment and vehicle tracking devices or operate them in accordance with regulations of law;

k) Failure to have certificates of eligibility for food safety as prescribed by law;

l) Temporary importation,temporary exportation,merchanting tradeand transit of aquatic species and aquatic products originating from illegal commercial fishing;

m) Failure to keep fishing logbooks, failure to keep sufficient and proper logbooks, failure to submit fishing logbooks or reports in accordance with regulations of law;

n) Use of stateless commercial fishing vessels or vessels obtaining nationality of non-member countries for illegal commercial fishing in the international waters under the management of RFMOs;

o)Failure to usecommercial fishing vesselsin accordance with regulations on extracting and protectingaquatic resources in the international watersnotunder the management of RFMOs;

2.Organizations and individuals violating regulations prescribed in Clause 1 of this Article, depending on extent of violations, shall face administrative penalties orcriminal prosecutionin accordance with regulations of law.

3. The Minister of Agriculture and Rural Development shallprovide guidelines for publishing the list of commercial fishing vessels engaged in illegal commercial fishing.

Article61. Confirmation and certification of origins of aquatic products derived from commercial fishing activities

1.Vietnamese competent authorities shall certify that materials and aquatic products are not derived from illegal commercial fishing activities within the Vietnam’s maritime boundary at the requests of organizations and individuals.

2.Competent authorities of the exporting country shall certify that imported aquatic materials are not derived from illegal commercial fishing activities at the requests of importers.

3.Aquatic products derived from imported aquatic materials shall be certified by Vietnamese competent authorities at the request of exporters if these materials are certified to be derived from legal commercial fishing activities by the competent authority of the exporting country.

4.TheMinisterof Agriculture and Rural Developmentshall provide guidelines for contents of and procedures for confirming aquatic material and certifying aquatic products derived from commercial fishing activities; confirming that imported aquatic materials or aquatic products manufactured from imported aquatic materials are not derived from illegal commercial fishing.

ChapterV

MANAGEMENT OF COMMERCIAL FISHING VESSELS, SHIPS OF FISHERY AUTHORITIES AND SHELTERING ANCHORAGES FOR COMMERCIAL FISHING VESSELS

Section 1:MANAGEMENT OF COMMERCIAL FISHING VESSELSAND SHIPS OF FISHERY AUTHORITIES

Article62. Management of building, modification, chartering and purchase of commercial fishing vessels

1.ThePeople’s Committees of each province shall publish quotas on issuance of commercial fishing licenses, quantity of issued marine commercial fishing licenses of the province; issue written approval for building, modification, chartering and purchase of commercial fishing vessels according to the quotas on issuance of commercial fishing licenses; establish and publish specific criteria of the province and procedures for processing applications for approving building, modification, chartering and purchase of commercial fishing vessels operating in the sea, issue and publish regulations on building, modification, chartering and purchase of commercial fishing vessels operating in inland waters under it management.

2.Organizations and individuals engaged in building, modification, chartering or purchase of commercial fishing vessels whose maximum length is at least 6 meters operating in the sea shall be approved byPeople’s Committees of provinces.

Article 63.Conditions forbuilding, modification,charteringand purchase of commercial fishing vessels

A facility will be issued with the certificate of eligibility for building and modifying commercial fishing vessels if the following conditions are satisfied:

1.There are suitable facilities. Production and business plans are conformable with types and sizes of built or modified commercial fishing vessels;

2.There is a department of quality supervision and management to ensure that its products meet standards and conditions for quality, technical safety andenvironmentalsafety prescribed by law;

3.Human resources satisfy requirements for production and business;

4.System(s) for managing product quality and technology processes meet the prescribed requirements.

Article64. Issuance, reissuance and revocation ofcertificatesof eligibility for building and modifying commercial fishing vessels

1. People’s Committees of provinces have power to issue, reissue and revokecertificates of eligibility for building and modifying commercial fishing vessels.

2.The certificate of eligibility for building and modifying commercial fishing vesselswill be reissued if:

a) It is lost or damaged; or

b) Theholder’s information specified in the certificate is changed.

3. The certificate of eligibility for building and modifying commercial fishing vessels will be revokedif:

a) Its contents are erased or changed;

b) Theshipyardfails to satisfy the conditions prescribed in Article 63 of this Law;

c) There are other violations in which the certificate shall be revoked.

4.The Government shall provide detailed guidelines for conditions and procedures for issuing, reissuing and revokingcertificates of eligibility for building and modifying commercial fishing vessels.

Article 65.Rights and responsibilities of shipbuilders and modifying facilities ofcommercial fishing vessels

1.A shipbuilderormodifying facility of commercial fishing vesselsis entitled to:

a) Build or modify commercial fishing vessels in accordance with regulations of law;

b) Receive fees for building and modification of commercial fishing vessels under agreements;

c)Exercise otherrightsprescribed by law.

2.A shipbuilderormodifying facility of commercial fishing vesselsshall:

a) Only build or modify commercial fishing vessels requiring commercial fishing licenses in case of written approval of thePeople’s Committeeof the province;

b) Be under technical supervision of the inspecting organization;

c)Buildormodify commercial fishing vesselsaccording to designs appraised and approved by the inspecting organization;

d) Take responsibility for quality of built and modified commercial fishing vessels;

dd) Submit regular or ad hoc reports on building and modification of commercial fishing vessel according to instructions given by theMinistry of Agriculture and Rural Development.

Article66. Export and import of commercial fishing vessels and bareboat charter

1.Commercial fishing vessels shall be exported at the request of the importing countries.

2.An importer will be issued with licenses to import commercial fishing vessels for commercial fishing activities if the following conditions are satisfied:

a) The commercial fishing production does not exceed quota on issuance of commercial fishing license that has been determined;

b)The commercial fishing vessel has a legal origin;

c) The fishing vessel is covered by steel plates or new-material plates;

d) The maximum lengthof thecommercial fishing vesselisat least 24meters;

dd) The commercial fishing vessel s plates is produced for 5 years or less and the main engine is produced for 7 years or less from the production year to time of import;

e) The commercial fishing vesselis issued with the certificate of technical safety whose remaining period is at least 06 months by the inspecting organization of the flag state.

3.Organizations and individuals will be issued with licenses for bareboat charter if the conditions prescribed in Point a, b, c, d and e Clause 2 of this Article; ship plate has been produced for 8 years or less and the main engine has been produced for 10 years or less counted from the production year to time of charter. Charter period is not more than 5 years.

4.The Government shall provide guidelines for procedures for issuing licenses for import of commercial fishing vessels and bareboat charter and guidelines for giving commercial fishing vessels

Article67. Technical safety of commercial fishing vessels

1.Commercial fishing vessels whose maximum length is at least 12 meters shall be inspected, classified and issued with the certificate of technical safety.

2.If the commercial fishing vessels prescribed in Clause 1 of this Article are built or modified, the inspecting organization shall supervise the conformity of their technical safety and quality with appraised vessel designs and issue documents prescribed by law.

3.The commercial fishing vessels that are not mentioned in Clause 1 of this Article shall be provided with equipment for ensuring their technical safety before they are operated.

4. The Ministerof Agriculture and Rural Development shallprovide detailed guidelines for this Article.

Article 68. Conditionsfor inspecting organizations

1.Organizations and individuals will be issued with the certificates of eligibility for inspecting commercial fishing vessels if:

a)They are establishedin accordance with regulations of law.

b) Facilitiesmeet the requirements;

c) Inspectors meet the requirements;

d) There is a suitable quality management system.

2. The Government shall provide detailed guidelines for this Article.

Article 69. Issuance, reissuance and revocation of certificates of eligibility for inspecting commercial fishing vessels

1.TheMinistry of Agriculture and Rural Developmenthas power to issue, reissued and revokecertificates of eligibility for inspecting commercial fishing vesselsand inspect the maintenance of eligibility every 24 months.

2. The certificate of eligibility for inspecting commercial fishing vessels will be reissued if:

a) It is lost or damaged; or

b) The holder’s information specified in the certificate is changed.

3. The certificate of eligibility for inspecting commercial fishing vessels will be revokedif:

a) Its contents are erased or changed;

b) The inspecting organization or individual fails to inspect commercial fishing vessels in accordance with regulations of law;

c) Theorganization or individualfails to satisfy the conditions prescribed in Clause 1 Article 68 of this Law;

d) There are other violations in which the certificate shall be revoked.

4.TheMinisterof Agriculture and Rural Developmentshall promulgatenational technical regulationson classification and construction of commercial fishing vessels; procedures for recognizing the eligibility for inspecting commercial fishing vessels; prescribe standards of competence and provision of professional training for inspectors; issue and revoke cards or seals of inspectors.

Article 70. Rights and responsibilities ofinspecting organizations and inspectors

1.An inspecting organization has the following rights and responsibilities:

a) It is entitled to inspect commercial fishing vessels in accordance with regulations of law;

b) It is entitled to request ship-owners, shipbuilders or modifying facilities of commercial fishing vessels to provide documents on technical designs and facilitate the supervision, technical inspection by inspectors and ensure the safety of inspectors during their performance of tasks;

c)It is entitled to receive inspection fees in accordance with regulations of law;

d) It shall exercise technical supervision ofcommercial fishing vessels in accordance with regulations of law;

dd) The head of the inspecting organization shall take legal responsibility for inspection results and issue certificates of technical safety;

e)It shall comply withinstructions and be subject to inspections in accordance with regulations of law;

g)It shall submit regular or ad hoc reports oninspectingcommercial fishing vessel according to instructions given by the Ministry of Agriculture and Rural Development.

2.An inspector has thefollowing rights and responsibilities:

a) He/she is entitled to sign and use special seals or prints when making documents on registration of commercial fishing vessels and equipment thereon in accordance with regulations of law;

b) He/she may refuse to carry out technical inspection if the conditions for inspection prescribed by law have not been satisfied.

c) He/she may reserve opinions other than decisions of the heads of inspecting organizations related to conclusions of assessment of technical status of commercial fishing vessels and equipment installed thereon;

d) He/she shall inspect commercial fishing vessels in accordance withnational technical regulationson classification and construction of ships

dd)He/sheshall take responsibility forresults of technical safety inspection and classification of commercial fishing vessels.

Article71. Registration of commercial fishing vessels

1.Commercial fishingvesselswhose maximum length of at least 06 meters shall beentered in the national register of commercial fishing vessels and beissued with the certificate of technical safetyin accordance with regulations of law. Commercial fishing vessel whose maximum length is less than 6 meters shall be totaled up by thePeople’s Committees of communes for management.

2. The period ofthe registration certificate of commercial fishing vessels (“hereinafter referred to as “registration certificate”)shall be specified as follows:

a) The period of theregistration certificateissued for commercial fishing vessels that are built, modified, imported, sold, given and aided is permanent;

b)In case of bareboat charter, the period of theregistration certificateshall be equal to the charter period.

3.A commercial fishing vessel will be issued with theregistration certificateif:

a) There are documents proving the legal ownership of the commercial fishing vessel;

b)The commercial fishing vessel requiring registration is issued with the certificate of technical safety;

c) There is a certificate of suspension from registration in case of bareboat charter; the certificate of cancellation of registration in case of import, trading, giving of commercial fishing vessels or change of the province of registration;

d) The ship-owner has head office or permanent place of residence located in Vietnam.

4. The People’s Committee of each province shallbe in charge of registration of commercial fishing vesselsin the province.

5. The Minister of Agriculture and Rural Development shallprescribe procedures for registration and cancellation of registration of commercial fishing vessels.

Article72. Cancellation of registration of commercial fishing vessels

1. Theregistration of a commercial fishing vessel will be cancelled if:

a) The commercial fishing vessel is destroyedorsunk and cannot be salvaged;

b) The commercial fishing vessel is missing for 1 year from the date of official notification on mass media;

c) The commercial fishing vessel is exported, sold, givenoraided;

d) The registration is cancelled at the request of the ship-owner.

2.Competent authorities shall revoke registration certificates, remove names of the commercial fishing vessels from the national register of commercial fishing vessels and issue the certificates of cancellation of regulation to the ship-owners

Article 73. Rights and responsibilitiesof ship-owners

1.Ship-owners are entitled to choose eligible inspecting organizations or individual for commercial fishing vessel registration.

2.Ship-owners shall comply with regulations on inspecting commercial fishing vessels.

3.Ship-owners shall ensure working and living conditions, safety, legal rights and interests of and labor allowances for crewmembers.

4.Ship-owners shall assign ship officers according to the minimum safe manning levels in accordance with regulations issued by theMinisterof Agriculture and Rural Development.

5.Ship-owners shall buy accident insurance and other compulsory insurance for crewmembers in accordance with regulations of law. And cover necessary travel and subsistence expenses arising from the repatriation of ship owners and crewmembers that are requested to leave their commercial fishing vessels by the masters.

6.Ship-owners shall take responsibility for violations of regulations on illegal commercial fishing.

Article74. Crewmembers

1.Crewmembersshall satisfy the following requirements:

a) They are Vietnamese citizens or foreigners allowed to work on commercial fishing vessels;

b) They have ID cards, passports or other identity documents as prescribed by law;

c) They satisfy health and working age requirements;

d) They have degrees or certificates suitable for their positions.

2. Crewmembersare entitled to:

a) Have their labor allowances and legal rights and benefits ensured when they work on commercial fishing vessels in accordance with regulations of labor law;

b) Refuse to work on commercial fishing vessels which are ineligible for ensuring safety;

c) Hold appropriate positions on commercial fishing vessels.

3. Crewmembersshall:

a) Comply withregulations of Vietnam law andinternational treaties to which the Socialist Republic of Vietnam is a signatory.

b) Follow the masters’ orders; actively prevent accidents happened to themselves and other crewmembers and incidents happened to commercial fishing vessels;

c) Immediately notice the masters or people on watch of dangers on their commercial fishing vessels;

d)Comply with regulations on labor law.

4.TheMinisterof Agriculture and Rural Developmentshall prescribe positions and duties of each position; manning level of ship officers on commercial fishing vessels; standards of competence and certificates of ship officers’ competency; registration of ship officers and directories of ship officers; standards of foreign ship officers working on Vietnamese commercial fishing vessels.

Article 75.Masters of commercial fishing vessels

1.Master is the person having supreme command of a ship and works under the regime of head ship.

2.A ship-owner has the rights prescribed in Clause 2 Article 74 of this Article and is entitled to:

a) Represent the ship-owner and people having benefits related to property or aquatic products during the operation of the commercial fishing vessel or commercial fishing;

b) Refuse to operate the commercial fishing vessel if it fails to satisfy conditions for ensuring safety of people and the vessel, food safety, maritime safety and preventing environmental pollution;

c) Refuse to recruit unqualified crewmembers or crewmembers committing violations of law or force them to leave the commercial fishing vessel;

d) Request the rescue if the commercial fishing vessel is in distress;

dd) Decide to use urgent methods for taking the commercial fishing vessel to a safe place in case of emergency.

3. A ship-owner has theresponsibilitiesprescribed in Clause3Article 74 of this Article andshall:

a) Instruct, assign and urge crewmembers to comply with regulations on maritime safety, occupational safety, food safety and environmental safety;

b) Check crewmembers, equipment and documents of the commercial fishing vessel, crewmembers before the commercial fishing vessel leaves the port;

c) Update information on position of the commercial fishing vessel, quantity of crewmembers in accordance with regulations of law; present documents at the request of competent authorities;

d) In case of natural disasters,acceleratethe response to disaster by crewmembers and take the commercial fishing vessel to a safe refuge;

dd) If the commercial fishing vessel meet with accidents, make timely responses and notify it to the nearest coastal radio station or competent authorities;

e) If there are people in danger, take all methods for curing these people. If a person is dead, keep his/her property and will and concurrentlynotify it to the nearest coastal radio station, the ship owner, the dead person s family or competent authority;

g) If the commercial fishing vessel operates from the inshore route to the outer boundary of Vietnam’s exclusive economic zone seawards; direct it to reach the fishing ports included in the list of appointed fishing ports published by theMinistry of Agriculture and Rural Development;

h) If the commercial fishing vessel must be left due toforce majeure, the master shall be the last person to leave the vessel;

i) If other commercial fishing vessels meet with accidents, take timely rescue methods and notify it to the nearest coastal radio station orcompetent authority; follow the order to use the commercial fishing vessel for search and rescue issued by thecompetent authority;

k) Keep and submit fishing logbooks; submits fishing reports; confirm the production of caught aquatic species;

l) Take responsibility for violations of regulations on illegal commercial fishing.

4.If crimes in flagrante or wanted fugitives are found on the commercial fishing vessel when it has left the port, the master will have the following rights and responsibilities:

a) He is entitled to arrest or give an order to arrest criminals in flagrante or wanted fugitives;

b) He shall take necessary methods and make documents in accordance with regulations of law;

c) He shall protect evidence, transfer arrested people and documents to the competent authority when the commercial fishing vessel reaches the first fishing port in Vietnam or Vietnamese ships of fishery authorities which is performing duties at sea or notify the nearest representative authority of Vietnam and follow instructions of this authority if the commercial fishing vessel operates outside the Vietnam’s maritime boundary.

Article 76:Management of watercrafts on duty

1.Ships of fishery authorities shall be registered and inspected in accordance with regulations of law.

2.Organizations assigned to manage ships of fishery authorities may choose suitable inspecting organizations.

3.Crewmembers of ships of fishery authorities shall comply with regulations of law on officials andpublic employees, maritime and labor codes.

4. The Minister of Agriculture and Rural Development shall prescribethe registration of watercrafts on duty, positions, tasks of each position, manning levels of ship officers working on watercrafts on duty.

Section2. FISHING PORTS AND SHELTERING ANCHORAGES FOR COMMERCIAL FISHING VESSELS

Article 77.Planning for and investment in building a system of fishing portsand sheltering anchorages for commercial fishing vessels

1.The planning for building a national system of fishing ports and sheltering anchorages for commercial fishing vessels shall be conformable with strategies for developing aquatic species and other planning and ensure national defense and security.

2.Fishing ports and sheltering anchorages for commercial fishing vessels shall be constructed according to the approved planning for building a national system of fishing ports and sheltering anchorages and in accordance with regulations of law on investment and construction and other relevant regulations of law.

3.TheMinistry of Agriculture and Rural Developmentshall formulate the planning for building a national system of fishing ports and sheltering anchorages and request the Prime Minister to approve it; publish, provide instructions on and inspect the implementation of the approved planning; manage the national system of fishing ports and sheltering anchorages in accordance with regulations of law.

Article78. Classification of fishing ports

1.A class 1 fishing portshall satisfy the followingcriteria:

a) It is a place where commercial fishing vessels of multiple provinces,central-affiliated citiesand foreign vessels come into to carry out handling of aquatic products and provide other fishery services and is the main distribution point of aquatic products in the region;

b) At least 90% of main equipment for material handling of the port is mechanized;

c) The minimum area of port waters is 20 ha;

d) Depth of channels to the fishing port and waters in front of the quay complies with the Government’s regulations;

dd) The minimum land area of the port is 4 ha or 1 ha applicable to fishing ports on islands. Offices and technical infrastructure comply with regulation of law on food safety,environmentalsafety and fire safety;

e) The minimum quantity of aquatic products passing the port is 25,000 metric tons per year or 3,000 metric tons per year, applicable to fishing ports on islands.

2. A class 2 fishing port shall satisfy the following criteria:

a) It is a place where commercial fishing vessels ofseveralprovincesandcentral-affiliated cities come into to carry out handling of aquatic products and provide other fishery services and is the main distribution point of aquatic products in theprovince;

b) At least 70% of main equipment for material handling of the port is mechanized;

c) The minimum area of port waters is 10 ha;

d) Depth of channelsleadingto the fishing port and waters in front of the quay complieswith the Government’s regulations;

dd) The minimumlandarea of the port is2.5haor 0.5haapplicable tofishing portsonislands.Officesand technical infrastructure comply with regulationsof law on food safety, environmental safety and fire saty;

e)The minimum quantity of aquatic products passing the port is 15,000 metric tons per year or 1,000 metric tons per year, applicable to fishing ports on islands.

3. A class 3 fishing port shall satisfy the following criteria:

a) It is a place where commercial fishing vessels of a province orcentral-affiliated city anchor;

b) The minimumlandarea of theportis 0.5 haor 0.3 ha applicable to fishing ports on islands. Officesand technical infrastructure comply with regulations of law on food safety, environmental safety and fire saty;

Article79. Opening and closing of fishing ports

1.A fishing port will be opened if:

a) The conditions prescribed in Article 78 of this Laware satisfied;

b) The organization managing the fishing port (hereinafter referred to as “supervisory organization”) has been established;

c) There is a plan for using the fishing port.

2.A fishing port will be closed if:

a) The supervisory organization is suspended from operation or shut down in accordance with regulations of law;

b) Depth of channels leading to theclass 1 or class 2fishing port and waters in front of the quayfails tocomply with the Government’s regulations;

c) The class 1 fishing port no longer satisfies the criteria prescribed in Points b, c and dd Clause 1 Article 78 of this Law without any timely remedy;

d) The class 2 fishing port no longer satisfies the critera prescribed in Points b, c and dd Clause2Article 78 of this Law without any timely remedy;

dd) The class 3 fishing port no longer satisfies the critera prescribed in Point b Clause3Article 78 of this Law without any timely remedy;

3.Power to open and close fishing ports is specified as follows:

a) TheMinistry of Agriculture and Rural Developmenthas power to open and close class 1 commercial fishing vessels;

b) ThePeople’s Committees of provinces have power to open and close class 2 fishing ports;

c) The People’s Committeesofdistrictshavepower to open and close class 3 fishing ports;

4. The Government shall provide guidelines forcontents of andprocedures forpublishing the opening and closing of fishing ports.

Article 80. Management offishing ports

1.Supervisory organizations shall be established and operate in accordance with regulations of law.

2.Supervisory organizations shall be assigned to manage and use infrastructure of fishing ports, fishing ports’ land, port waters and manage fishing logistics services in the fishing ports.

3.Leasing or use of partial or entire fishing ports invested by the state budget or public-private partnership shall comply with regulations of law on managing and using public property and other relevant regulations of law.

Article 81. Rights and responsibilitiesof supervisory organizations

1.A supervisory organization is entitled to:

a) Lease the infrastructure to organizations and individuals for production and business in the fishing port land areas and port waters in accordance with the approved plan for using the fishing port and regulations of law;

b) Refuse or compel people and commercial fishing vessels that fail to comply with internal regulations of the port to leave;

c) Refuse the lease, or compel the producers and traders in the port land areas and port waters that fail to comply with the regulation of the fishing port or the concluded contracts to leave;

d) Charge the services in the port as prescribed by law;

dd) Handle, or request local competent authority to handle the cases in order to ensure the security, food safety, environment safety and fire safety within the fishing port area.

2. A supervisory organizationshall:

a) Issue and publish regulations of the fishing port;

b) Instruct and dispose vehicles to come into, leave and anchor in the port waters; ensure safety and convenience for people and vehicles in the fishing port area;

c) Cooperate with competent authority in inspecting and controlling activities of producers and traders in the fishing port, ensure security and order, food safety, environmental safety and fire safety in the fishing port area; actively repair and deal with accident consequences and environmental pollution in the fishing port;

d) Regularly provide information on weather on the information system of the fishing port; assign people to be on watch and hang warning signs in case of natural disasters in accordance with regulations of law; notice the list of commercial fishing vessels anchoring in the port waters and quantity of people thereon to the competent authority;

dd) Comply with the inspection and supervision by competent authorities in term of food safety, environmental safety, security and order, fire prevention and other relevant fields in the fishing port area;

e) Cooperate with and arrange working places for competent authorities inspecting and controlling the compliance with regulations of law on commercial fishing actives, aquatic resource protection, control of illegal commercial fishing, food safety and other relevant fields on commercial fishing vessels and in the fishing port;

g) The head of the supervisory organization shall total up the production of aquatic products passing the fishing port, certify origins of caught aquatic species in accordance with regulations and law, collect fishing logbooks and reports of the commercial fishing vessels coming into the port, consolidate and submit regular or ad hoc reports to competent authorities according to instructions provided by theMinistry of Agriculture and Rural Development;

h) Refuse the handling of aquatic products of commercial fishing vessels engaged in illegal commercial fishing and notify the competent authorities for considering and dealing with this problem in accordance with regulations of law;

i) Notify the entering by foreign commercial fishing vessels to the local competent authority for cooperating in management;

k) Cooperate with the nautical safety authority in notifying the status of channels, marking buoys and ensure safety of commercial fishing vessels entering and leaving the fishing port.

l) Formulate plans for and organize the maintenance of infrastructure of the fishing port to ensure safety of people and vehicles operating in the fishing port.

Article82. Vietnamese commercial fishing vessels entering and leaving fishing ports

1.At least 1 hour before the commercial fishing vessel enters the fishing port, the master shall notify the supervisory organization of registration number, size and type of the commercial fishing vessel, services required and other requirements (if any),except for force majeure.

2.When entering a fishing port, the master shall comply with control by the supervisory organization and regulations of the fishing port.

3.Ship-owners and masters shall comply with inspection and control and regulations of law on extracting and protectingaquatic resources, food safety, environmental safety and fire safety; ensure safety of people and commercial fishing vessels.

4.The master shall notify the supervisory organization at least 1 hour before the commercial fishing vessel leaves the fishing port.

5.A commercial fishing vessel is not allowed to leave a fishing port if:

a) The safety of people and the commercial fishing vessel is not ensured;

b) There is a violation of law in which the commercial fishing vessel shall be temporarily seized in accordance with regulations of law;

c) There is an order to capture or temporarily seize the commercial fishing vessel issued by a court or competent authority.

Article 83.Foreigncommercial fishing vessels entering and leaving fishing ports

1.A foreign commercial fishing vessel may only enter the fishing port specified in the commercial fishing license or the fishing ports approvedby the Ministry of Agriculture and Rural Development.

2.At least 24hours before entering a fishing port, themasterof the commercial fishing vessel must notifythe supervisory organizationof the name, call sign, registration number, size andtypeof the vessel,the authority issuing the commercial fishing license, production and aquatic species on the vessel, estimated time of arrival and demand for assistance (if any).

3. When entering a fishing port, themasterof the commercial fishing vesselshallcomply with regulationsof the fishing portandthe control ofthe supervisory organization;declareand presentthe followinginformation andpapers:

a) Directory of ship officers and passports of crewmembers;

b) The commercial fishing license withinthe Vietnam’s maritime boundary;

c) Purposes of entering the fishing port;

d) Time of the voyage;

dd) Volume and components of aquatic species caught or under transshipment on board, applicable to commercial fishing vessels and vessels used for transporting aquatic species;

e) Position and fishing areas, production of onboard aquatic species applicable to commercial fishing vessels.

4.The master who presents commercial fishing documents confirmed by foreign competent authorities is not required to declare the information mentioned in Points d, dd and e Clause 3 of this Article.

5.The master and crewmembers of a commercial fishing vessel shall go through procedures for exit and entry, customs and quarantine procedures in accordance with regulations of law.

6. The master shall notify the supervisory organization at least12hour before the commercial fishing vessel leaves the fishing port.

7. For vessels entering a fishing portinforce majeurecases, immediate after docking, the master or helmsman shall:

a) Notify the supervisory organization of the status of the vessel and quantity of people aboard; prove theforce majeureand specify the request for help;

d)Comply with regulations prescribed in Clause 5 of this Article.

8. Ship-owners and masters shallfacilitate andcomply with inspection and control and regulations of law onextractingand protecting aquatic resources, food safety, environmental safety and fire safety; ensure safety of peopleaboardand vessels.

9.Ship-owners and master shall pay costs as prescribed by law.

Article 84.Classification ofsheltering anchorages for commercial fishing vessels

1.A regional sheltering anchorage for commercial fishing vessel shall satisfy the following criteria:

a) It is near fisheries and gathers commercial fishing vessels of multiple provinces, ensure the shortest time for commercial fishing vessels to anchor and shelter from storms;

b) Natural conditions are convenient and the safety of sheltering commercial fishing vessels is ensured;

c) The minimum capacity is 1,000 commercial fishing vessels.

2.A sheltering anchorage for commercial fishing vessels of a provinceshall satisfy the following criteria:

a) It is neartraditionalfisheries of multiple provinces, ensure the shortest time for commercial fishing vessels to anchor and shelter from storms;

b) Natural conditions are convenient and the safety of sheltering commercial fishing vessels is ensured;

c) The minimum capacity is 600 commercial fishing vessels.

Article 85. Classificationofsheltering anchorages

1.Sheltering anchoragesshall be managed and operated by the local steering committee on natural disaster prevention and rescue (hereinafter referred to as “the steering committee”) during the time of sheltering.

2.During the period in which a sheltering anchorage is not used for sheltering purpose, it shall be managed and used as follows:

a) The anchorage whose waters are adjacent to a fishing port waters shall be managed and used by the supervisory organization of this port in accordance with regulations of law;

b) The anchorage whose waters arenotadjacent to a fishing port waters shall be managed and usedin accordance with regulations of lawbyan eligible organization assigned by thePeople’s Committeeof the province.

3.Organizations assigned to manage and use sheltering anchorages shall formulate plans for repairing and maintaining construction works of the anchorages and may use the state budget for implementing these plans.

4.Regarding commercial fishing vessel entering and leavingsheltering anchorages:

a) In case of natural disasters, commercial fishing vessels and other kinds of vessels may take shelter without being charged;

b) When entering the harbor, the master or the helmsman of a commercial fishing vessel shall comply with the control and instructions of the steering committee;

c) When a commercial fishing vessel is safely anchored, its master or helmsman shall notify the steering committee of the name, registration number, status of the ship, quantity of people aboard, and other requirements (if any).

d)Commercial fishing vessels shall only leave the sheltering anchorage in case of notifications or orders issued by the steering committee;

dd) If natural disasters do not occur, the commercial fishing vessels anchored in a sheltering anchorage shall pay fees and other costs as prescribed by law; comply with control and instruction of the organization assigned to manage and use this sheltering anchorage.

Article 86.Publishing the list ofsheltering anchorages

1.Before February 01 every year, thePeople’s Committeeof each people shall review and submit the list of eligible sheltering anchorages to theMinistry of Agriculture and Rural Developmentfor publishing nationwide.

2.Published information of a sheltering anchorage includes:

a) Name and type of the sheltering anchorage;

b) Address and coordinates ofthe sheltering anchorage;

c) Depth of the anchorage waters;

d)Capacity of the sheltering anchorage

dd) Sizes and types of commercial fishing vessels allowed to enter the sheltering anchorage;

e) Starting positions, direction and length of channels leading to the anchorage;

g) Phone number and radio frequency ofthelocalsteering committee;

3. BeforeMarch 31every year, the Ministry of Agriculture and Rural Developmentshall send the list of eligible sheltering anchorages to thePeople’s Committees of provinces and nationwide notify it on mass media.

4. The People’s Committee of each province shall benotify the list of sheltering anchorages to commercial fishing vessels in the province.

ChapterVI

FISHERIES RESOURCES SURVEILLANCE

Article87. Functions of the fisheries resources surveillance force

Fisheries resources surveillanceforce is a state force which exercises Vietnam law and relevant international treaties to which theSocialist Republicof Vietnamis signatory related to extraction and protection ofaquatic resources.

Article 88.Duties and power of theFisheries Resources Surveillanceforce

1.Thefisheries resources surveillanceforce shall:

a) Patrol, inspect, control, investigate and take action against violations of laws, apply measures for preventing violations in accordance with regulations of law;

b) Propagandize, popularize and provide education about Vietnam laws, international laws and laws of relevant countries on fisheries; instruct fishers and relevant organizations and individuals to implement regulations of law on fisheries;

c) Appoint force to cooperate in rescue in accordance with regulations of laws; be engaged in natural disaster prevention and control;

d) Protect Vietnamese sovereignty, sovereign rights and jurisdiction over the waters in accordance with regulations of law;

dd) Promote international cooperation in fisheries resources surveillance;

e) Take charge and cooperate with relevant organizations in providing training for officials,public employees, members of the fisheries resources surveillance (hereinafter referred to as “surveillance members”), ship officers on fishery surveillance ships;

g) Cooperate with other relevant authorities in fisheries resources surveillance.

2. The fisheries resources surveillancehas power to:

a) Request relevant organizations and individuals to provide necessary information and documents for inspecting, patrolling, controlling, investigating, detecting and taking actions against violations of law on extracting and protectingaquatic resources;

b) Manage and use weapons,combat gears, technical equipment and professional methods for carry out fisheries resources surveillance in accordance with regulations of law on management and use of weapons, explosives andcombat gearsand other relevant regulations of law;

c) Chase, arrest and apply prevention methods for people and vehicles failing to comply with orders, resisting or deliberately running away in accordance with regulations of law.

Article89. Organization of the fisheries resources surveillance force

1.The fisheries resource surveillance force includes:

a) Centralfisheries surveillanceforce;

b) Fisheries surveillanceforce of coastal provinces that shall be organized to ensure the protection ofaquatic resourcesand local resources.

2.The Government shall provide detailed guidelines for organization of the fisheries resources surveillance force,state administration, allowances and policies applicable to the fisheries resources surveillance.

Article 90.Surveillancemembers

1.Surveillance members are officials that are appointed to payroll of the fisheries resources surveillance.

2.Surveillance members shall be issued with fisheries surveillance cards, uniforms, insignias, fisheries surveillance signage and specialized equipment.

3.A surveillance member has the following powers and responsibilities:

a) He/she has power to request relevant organizations and individuals to provide necessary information and documents for inspecting, patrolling, controling, invetisgating, detecting and taking actions against violations of law onextractingand protecting aquatic resources;

b)He/she has power to imposepenalties for administrative violationsand apply methods for preventing administrative violationsin accordance with regulations of law;

c) He/she may use weapons,combat gears, specialized vehicles and equipment in accordance with regulations of law;

d) He/she shall wear uniform, insignia and fisheries surveillance signage in accordance with regulations of law;

dd) He/she shall comply with regulations of law, beaccountable tothe head of thesupervisory authorityand take legal responsibilities for assigned duties and powers.

Article 91.Fisheries surveillance ship officers

1.Fisheries surveillance ship officersinclude:

a) Officials appointed tothepayroll offisheries surveillance ship officers;

b) Public employeeswho are employed to work on the fisheries surveillance ship;

c) Employees who work under labor contracts on the fisheries surveillance ship.

2.Fisheries surveillance ship officersshall wear uniforms, insigniasand fisheries surveillance signages when performing their dutiesin accordance with regulationsissued by theMinisterof Agriculture and Rural Development.

3. The Minister of Agriculture and Rural Development shall prescribefunctions, duties and powers of fisheries surveillance ship officers and manning levels thereof.

Article92. Fisheries surveillance collaborators

1. Fisheries surveillance collaboratorsare Vietnamese citizens who provide information for and assistance in the fisheriesresourcessurveillanceactivities.

2. Fisheries surveillance collaboratorsmay be paid for their activities and receive allowances for providing information in accordance with regulations of law; have their security of information sources ensured and have their legal rights and interests protected in accordance with regulations of law.

Article93. Vehicles, equipment and uniforms of the fisheries resources surveillance

1.The fisheries resources surveillanceshall be equipped with fisheries surveillance ships, specialized communication media, specialized equipment, weapons andcombat gearsto perform their functions and duties and exercise their powers in accordance with regulations of law.

2.Officials,public employeesand employees under labor contracts working in a fishery surveillance authority shall wearconsistent uniforms.

3. The Minister of Agriculture and Rural Development shall prescribeuniforms of the fisheries resources surveillance; paint color, code and operation limit of fishery surveillance ships; registration of fishery surveillance ships.

Article94. Sources of funding for fisheries resources surveillance activities

1.Investment in and operation of the fisheries resources surveillance shall be funded by the state budget according to applicable distribution thereof and other sources of funding in accordance with regulations of law.

2.Amounts of money collected from people underpenalties for administrative violationsby the fisheries resources surveillance shall be paid to the state budget. Fishery surveillance authorities shall be provided with a part of the abovementioned amounts to serve its operation.

3. The Government shall provide detailed guidelines forClause 2 ofthis Article.

Article95. Appointment and mobilization of people and vehicles in fisheries resources surveillance activities

1.In case of emergency, the appointment and mobilization ofpeopleand vehicles in fisheries resources surveillance activitiesshall be specified as follows:

a) TheMinisterof Agriculture and Rural Developmenthas power to issue orders to appoint people and vehicles under their management and request the relevant Ministers and Chairmen/Chairwomen ofPeople’s Committees of provinces to mobilize people and vehicles;

b) Chairmen/Chairwomen ofshall issue orders to appoint people and vehicles under their management and request relevant Ministers and Chairmen/Chairwomen of People’s Committees of provinces to mobilize people and vehicles;

2.Organizations and individuals that are mobilized or have their vehicles mobilized shall comply with appointment orders issued by competent persons.

3.Authorities in charge of appointment and mobilization shall pay mobilizedorganizations and individuals in accordance with regulations issued by theMinistry of Finance. Damage arising during the appointment and mobilization shall be compensated. Died or injured individuals are considered to receive allowances or policies in accordance with regulations of law on preferential treatment ofpeople with meritorious services to the revolution.

ChapterVII

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

Article 96. Purchase, sale, preliminary processingandprocessing of aquatic products

1.Purchasers, ssellers, preliminary processorsand processors ofaquatic productsshall comply with regulations of law on food safety, environmental safety and fire safety.

2.Aquatic products that are purchased, sold, preliminary processed and processed shall have obvious origins and ensure food quality and safety.

3.Aquatic products in areas under epidemic announcement shall be purchased and sold in accordance with regulations of law onveterinarymedicine, plant protection and quarantine.

Article 97.Preservation ofaquatic products

1.Aquatic products on commercial fishing vessels, means of transport; fishing ports and in wholesale markets of aquatic products; aquatic cold storages and premises of purchasers, sellers, preliminary processors and processors of aquatic products shall be preserved in accordance with regulations of law on food safety.

2.Additives and supporting substances used in processing of aquatic products that are overdue or not included in the list of additives and supporting substances allowed to be used or included in this list but exceed allowable limits; chemicals whose origins are obscure and chemicals banned from use shall not be used for preserving aquatic products.

Article 98. Import and export of aquatic products

1.Importers of aquatic products shall have documents on obvious origins of aquatic products and satisfy requirements for food quality, food safety and epidemic safety as prescribed by law.

2.Exportersof aquatic productsshall comply with requirements of importing countries and regulations in Clause 3 of this Article.

3. An organization or individual is allowed to exportlivingaquaticspecies in the following cases:

a) Thespeciesare not included in the list of aquatic species banned from export;

b)The aquatic species included inthe list ofexportedaquatic species requiring certain conditionssatisfy the conditions prescribed in this list;

c) Export of aquaticproductsincluded in the list of aquatic breeds banned from export or aquaticspecies failing to satisfy the conditions prescribed in the list of aquatic species requiring certain conditions for scientific research and international cooperation shall be licensed by the Ministry of Agriculture and Rural Developmenton the basic ofthe Prime Minister’s approval.

4. Organizations and individuals are allowed to import aquaticspecies notincluded in the list of aquatic species allowed to be traded in Vietnamfor food, decoration and entertainmentshall besubject to risk analysis andlicensed by the Ministry of Agriculture and Rural Development. The import of aquaticspecies that are not included in the listof aquatic species allowed to be traded in Vietnamfor scientific research, display and exhibition shall be licensed by the Ministry of Agriculture and Rural Development.

5. The Ministry of Agriculture and Rural Development will consider inspecting systems for managing and producingand tradingaquaticspecies in the exporting countriesin accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory if:

a) The assessment is made for mutual recognition;

b) There are risksof foodquality, food safety, epidemicorenvironmental issuescaused byaquaticproducts imported to Vietnam.

6. The Minister of Agriculture and Rural Development shall prescribe procedures forrisk analysis of and issuance of licenses to living aquatic species.

7.The Government shall issue the list of aquatic species banned from export and the list of exported aquatic species requiring certain conditions;

Article 99.Processing, export, import, re-export, introduction from the sea and transitof aquatic species prescribed in Appendices of Convention on International Trade in Endangered Species of Wild Fauna and Flora and endangered, precious and rare aquatic species

1.The processing, export, import, re-export, introduction from the sea and transit of endangered, precious and rarewildaquatic species prescribed in Appendices ofCITESand endangered, precious and rare aquatic speciesshall comply with regulation of CITES and Vietnam law.

2.Processed specimens of aquatic species prescribed in Appendices of CITES and endangered, precious and rare aquatic species shall satisfy the following requirements:

a) The specimens have legal origins and taken from facilities breeding, raising or carry outartificial propagationof aquatic species.

b) The specimens are derivedfromlegal commercial fishing in nature;

c)After being processed, the specimens are seizedin accordance with regulations of law.

3. The Government shall provide detailed guidelines for this Article.

Article100. Wholesale markets of aquatic products

1.Wholesale market of aquatic products shall be located in concentrated aquaculture areas or places where large quantities of aquatic products are consumed, including exchange, purchase, sale and auction of aquatic products.

2.Wholesale markets of aquatic products shall be developed in conformity with the planning.

3. The People’s Committee of each province shallcontrol food safety in wholesale markets of aquatic products in the province.

4.TheMinistry of Agriculture and Rural Developmentshall ensureconsistencyin thestate administration ofaquatic food safety and provide instructions on wholesale markets of aquatic products,promulgate national technical regulationson conditions for ensuring food safety in wholesale markets of aquatic products.

Chapter VIII

STATE ADMINISTRATION OF FISHERIES

Article101. Responsibilities of the Government, Ministries and ministerial agencies

1.The Government shall ensureconsistencyinstate administration offisheries in the whole country.

2. The Ministry of Agriculture and Rural Development shallwork as a contact point to assist the Government in thestate administrationand shall:

a) Be in charge ofstate administration offishery activities in the whole country; make and provide directions on implementing strategies, plans andschemes for fishery activities;

b) Promulgate or request competent authorities to promulgate and implement policies,legislative documents, standards, technical regulations and economic and technical norms in fishery fields;

c) Provide directions and instructions on and carry out environmental monitoring and warning, aquatic epidemic prevention and commercial fishing at sea; manage processing and trading of aquatic products; ensure quality andaquatic foodsafety as prescribed by law; set up, manage and provide instructions on updating and accessing to the national fisheries database;

d) Be in charge ofstate administration offisheries resources surveillance; provide consistent directions on fisheries resources surveillance;

dd) Organize the issuance, reissuance, extension and revocation of licenses and certificates in fishery activities under it management; authorize or assign the administration in accordance with regulations of law;

e) Organize the investigation, scientific research and technological development, technology transfer; assess and analyze impacts of economic activities on fishery activities;

g) Provide instructions on and carry out state inspections of fishing ports and sheltering anchorages for commercial fishing vessels in the whole country; provide professional training in managing fishing ports and sheltering anchorages for commercial fishing vessels in accordance with regulations of law and announce the list of appointed fishing ports having sufficient systems for certifying origins of caught aquatic species;

h) Be in charge ofstate administrationapplicable to marine protected areas andaquatic resourcesprotected areas in the whole country;

i) Be in charge ofstate administrationand provideprofessionaltraining in fisheries; organize and provide instructions on statistics, information, propagation and popularization of knowledge and legal education in fisheries;

k) Prescribe criteria on and quality of waters used foraquacultureand specialized technical management in fishery activities;

l) Manage, provide directions on, formulate plans for and organize inspection, handling of complaints and denunciation, taking actions against violations of law o fisheries within it power; work as a contact point to join international cooperation in fisheries;

m) Take charge and cooperate with Ministries,ministerial agenciesandPeople’s Committees of provinces in developing software for managing the national fishery database

n) Reserve original breeds and native and endemic aquatic species having economic value.

3.Ministries andministerial agencies, within their duties and powers, shall cooperate with theMinistry of Agriculture and Rural Developmentinstate administration offisheries.

Article102. Responsibilities ofPeople’s Committee of provinces

1. The People’s Committee of each province, within its duties and powers,shall:

a) Promulgateor request competent authorities topromulgate documentsprovide guidelines for implementation of law on fisheries;

b) Provide directions on and organize management of fishery activities in the province; organize production and catching of aquatic species;

c) Organize the propagation, popularization of and education about laws and knowledge related to fisheries; set up fishery database in the province and update the national fishery database;

d) Organize the issuance, reissuance, extension and revocation of licenses and certificates in fishery activities under it managementaccording to the assignment;

dd)Provide directions on, formulate plans for and organize inspection, handling of complaints and denunciation, taking actions against violations of law onfisheries within itspower;

e) Ensure allowances, funding and working conditions for the local fisheries resources surveillance force in accordance with regulations of law;

g) Organize the management of fishing ports and sheltering anchorages for commercial fishing vessels according to assignment; inspect, control and comply withregulations of law on catching and protecting aquatic resources, food safety, environmental safety and fire safetyat fishing ports;collect, consolidate and report statistics of aquatic products passing commercial fishing vessels in accordance with regulations and law;

h) Be in charge of state administration applicable to marine protected areas and aquatic resources protected areas in theprovince;

2.The People’s Committee ofa district or a commune, withinitsduties and powers, shall:

a) Carry out activities and implement methods for managing fishery activities in the district or communein accordance with regulations of law.

b) Carry out tasks ofstate administration offisheries according to assignment or authorization by the supervisoryPeople’s Committee;

c) Propagandize, popularize and provide education about law on fisheries in the district or commune.

Article103. Responsibilities ofVietnamese Fatherland Frontand its affiliated organizations,socio-professional organizations andsocial organizations

1.TheVietnamese Fatherland Frontand its affiliated organizations, within their duties and powers, shall propagandize, mobilize the implementation of policies and law on fisheries; give opinions about promulgating regulations of law, carry out supervision and social criticism in fishery in accordance with regulations of law.

2.Socio-professional organizations andsocial organizations shall give opinions on promulgating regulations of law on fisheries; propagandize and popularize knowledge of and laws on fisheries; provide consultancy on and technical training in fisheries; protect, regenerate and developaquatic resources.

Chapter IX

IMPLEMENTATION ORGANIZATION

Article 104. Effect

1. ThisLaw takes effect on January 01, 2019.

2. The Law No.17/2003/QH11on fisheries shall be invalid from the effective date of this Law.

Article105. Transitional provisions

1.The maximumpenaltyfor administrative violationsapplicable to individuals in protection ofaquatic resourcesand marine species prescribed in Point dd Clause 1 Article 24 of Law No.15/2012/QH13on handling ofadministrative violationsshall be amended into VND1million.

2.Licenses, certificates, degrees and written approval related to fisheries issued before the day on which this Law comes into force may be used until their expiry date.

3.National technical regulationsand economic and technical norms issued before the day on which this Law comes into force will be applicable until they are annulled orsuperseded.

This Law is passed by the 14^thNational Assembly of Socialist Republic of Vietnam on November 21, 2017 during the 4^thsession

The President of National Assembly

Nguyen Thi Kim Ngan