Decree 37/2024/ND-CP amend Decree 26/2019/ND-CP detailing Law on Fisheries

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 26/2019/ND-CP of March 8, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 21, 2017 Law on Fisheries;

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 26/2019/ND-CP of March 8, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 26/2019/ND-CP of March 8, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries

1. To add Clauses 16, 17, 18, 19, 20, 21, 22 and 23 to Article 3 as follows:

“16. Storm shelter for fishing vessels means a specialized area for fishing vessels to anchor for sheltering from storms, including: infrastructure of storm shelters, logistics service facilities of storm shelters, waters for ship mooring, navigable channels to storm shelters, and administrative zones.

a/ Infrastructure of storm shelters includes: dikes, breakwaters, alluvial control embankments; navigable channels; ship mooring (piers, mooring buoys, anchor chains, concrete anchors); systems of buoys and signboards; lighting systems; and communication systems.

b/ Logistics service facilities of storm shelters include: facilities providing essential services (fresh water, food, communications, medical care, supplies, minor repair, rescue, incident settlement) serving fishermen and fishing vessels to ensure the settlement of urgent requirements and accidents.

c/ Waters for ship mooring are waters in front of wharves, waters reserved for ship mooring, navigation channels to areas for ship mooring, and waters reserved for supply and logistics services.

d/ Navigable channels to storm shelters are navigable channels connecting waters where ships operate to the waters for ship mooring.

dd/ Administrative zones include: infrastructure and equipment serving the management and administration of activities of storm shelters (lodging houses, operations and security houses; internal roads; electricity and water supply, wastewater treatment and fire protection systems; and equipment).

17. Large fisheries center means an area associated with a fishing ground that has advantages in terms of economy, society, natural resources, material sources and technical infrastructure, has boundaries and its own operation regulations, and serves as a focal point for inter-linked fisheries production, trade and logistics service provision to reduce costs and improve competitiveness, including: special functional zones and specialized facilities.

a/ Special functional zones include: aquatic product processing areas; areas for repairing and producing fishing nets, building and repairing ships, and supplying machinery and equipment for fishing vessels, and maritime and communication equipment; storm shelters; fishing vessel inspection centers; regional fisheries resource surveillance agencies, and wharves for anchorage by fisheries resource surveillance ships and boats; and rescue centers.

b/ Specialized facilities of large fisheries centers include training, research and financial institutions, and fair and exhibition centers serving fishery activities.

18. Unintentional fishing of endangered, precious or rare aquatic species means endangered, precious or rare aquatic species being captured, injured or killed due to unintentional fishing activities of humans.

19. Recreational fishing means fishing activities for recreation, entertainment, leisure and experiential purposes.

20. Supplier of fishing vessels’ trackers means a unit that is publicly notified by the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

21. Vessels serving aquaculture, marine conservation and co-management in aquatic resource protection means floating vessels fitted or not fitted with special-use engines to serve aquaculture, marine conservation and co-management in aquatic resource protection that are registered and inspected like fishing vessels.

22. Offshore areas include the 6 regions below:

a/ Region 1, embracing the area north of latitude 17°00’N;

b/ Region 2, embracing the area from latitude 14°00’N to latitude 17°00’N;

c/ Region 3, embracing the area from latitude 10°00’N to latitude 14°00’N;

d/ Region 4, embracing the area south of latitude 10°00’N and east of meridian 108°00’E;

dd/ Region 5, embracing the area south of latitude 10°00’N, from meridian 105°00’E to meridian 108°00’E; and,

e/ Region 6, embracing the area west of meridian 105°00’E”.

23. Provincial-level state management agency in charge of fisheries means a Sub-Department assigned to perform the state management of fisheries and fisheries resource surveillance or provincial-level Department of Agriculture and Rural Development (for a locality having no Sub-Department performing the state management of fisheries).”

2. To add Clause 9 to Article 4 as follows:

“9. In case of occurrence of a disaster or an epidemic, making it impossible to organize physical inspection and evaluation at a facility for grant of a license, certificate or written approval, or organize inspection of the maintenance of conditions of a facility:

a/ The competent agency shall apply the form of online evaluation when the facility meets the requirements on resources and technical means for online evaluation; the facility shall provide relevant dossiers and documents in paper form or electronic form to the inspecting agency, or the competent agency shall suspend or extend the license, certificate or written approval for a definite period or the frequency of inspection of the maintenance of conditions.

b/ The concerned production and business organization or individual and the conformity assessment organization shall take responsibility before law for the accuracy of information, documents, images and dossiers provided to the licensing agency. The physical inspection and evaluation will be carried out after the concerned locality is able to control the disaster or epidemic in accordance with law; for an organization or individual that commits violations, its/his/her license shall immediately be revoked and the violations shall be handled in accordance with law.

c/ The Ministry of Agriculture and Rural Development shall provide professional and technical guidance for implementation of the measures in cases of necessity specified at Points a and b of this Clause.”

3. To amend and supplement Article 8 as follows:

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

1. It is prohibited to fish endangered, precious and rare aquatic species of Group I, except cases of fishing for the purpose of conservation, scientific research, research for creation of initial breed sources, or international cooperation.

2. Endangered, precious and rare aquatic species of Group II will be permitted for fishing when satisfying the conditions specified in Part II, Appendix II to this Decree.

3. For organizations and individuals that fail to fully satisfy the conditions specified in Part II, Appendix II to this Decree but wish to fish endangered, precious and rare aquatic species of Group I or Group II for the purpose of conservation, scientific research, research for creation of initial breed sources, or international cooperation, they shall obtain the written approval from the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development and comply with the regulations on access to genetic resources.

4. Organizations and individuals that conduct research for creation of initial breed sources or produce breeds of endangered, precious and rare aquatic species are required to release at least 0.1% of the total number of individuals of aquatic species produced annually into suitable natural waters. The process of release of breeds for regeneration of endangered, precious and rare aquatic resources is as follows:

a/ An organization or individual shall send a report on the preceding year’s output of produced breeds and the current year’s plan on release of breeds for regenerating aquatic resources to the provincial-level state management agency in charge of fisheries of the locality where its/his/her head office is located before January 30 every year via email or by hand-delivery.

b/ Seven days before releasing breeds for regenerating aquatic resources, the organization or individual shall send a notice thereof via email or by hand-delivery to the provincial-level state management agency in charge of fisheries for coordination in implementation.

5. Endangered, precious and rare aquatic species that are confiscated as exhibits of administrative violations or as material evidences of criminal cases in accordance with the criminal law or criminal procedure law shall be handled as follows:

a/ In case the confiscated individuals of aquatic species are still alive and healthy, they shall be released into their natural habitats; if injured, they shall be handed over to a facility with the function of rescuing aquatic species for tending and treatment before being released into their natural habitats.

b/ The confiscated exhibits that are dead parts or individuals of aquatic species shall be handed over to the Vietnam National Museum of Nature or a scientific research unit for use as specimens, or for display, research, public communication, education or destruction in accordance with law.

c/ The confiscated exhibits that are dead parts or individuals of aquatic species that cannot be handed over under Point b of this Clause or that are identified to be infected with diseases and capable of causing dangerous epidemics shall be destroyed immediately. The destruction shall be carried out in accordance with the current laws on animal health, environmental protection, and animal and plant quarantine.

6. The process of rescue of endangered, precious and rare aquatic species that suffer injury or stranding is as follows:

a/ An organization or individual that detects endangered, precious or rare aquatic species suffering injury or stranding shall notify the provincial-level state management agency in charge of fisheries or a facility with the function of rescuing aquatic species.

b/ The provincial-level state management agency in charge of fisheries that receives information about or receives aquatic species handed over by the organization or individual shall notify the facility with the function of rescuing aquatic species and provide first aid and tending to such aquatic species pending the handover.

c/ The facility with the function of rescuing aquatic species which is handed over endangered, precious and rare aquatic species shall make a record of handover of endangered, precious and rare aquatic species according to Form No. 09.BT provided in Appendix I to this Decree.

7. Facilities with the function of rescuing aquatic species have the following responsibilities:

a/ To organize the rescue, treatment and tending, and evaluate the adaptability of rescued aquatic species before releasing them into their natural habitats. In case the rescued species die during the rescue and treatment, the rescue facilities may use such species as specimens for public communication and education purposes or hand them over to the Vietnam National Museum of Nature or scientific research units. In case the rescued species cannot survive their natural habitats, the rescue facilities shall organize the tending of such species or hand them over to appropriate organizations for tending for research, public communication and education purposes.

b/ To send to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development reports on results of the rescue of endangered, precious and rare aquatic species before November 20 every year and upon request.

8. In case the dead endangered, precious or rare aquatic species are not stored, preserved or processed for research, public communication and education purposes, provincial-level state management agencies in charge of fisheries shall coordinate with district-level administrations in organizing the handling thereof in accordance with practices and the laws on animal health, environmental protection, and animal and plant quarantine.

9. Organizations and individuals shall, in the course of bycatch or unintentional fishing of endangered, precious or rare aquatic species, record information thereon in fishing logbooks, evaluate the health status of aquatic species, and proceed with the following:

a/ In case the aquatic species are still alive and healthy, they shall be released into the areas where they are fished.

b/ In case the aquatic species suffer injury and can be rescued, the rescue process specified in Clause 6 of this Article shall apply.

c/ In case the aquatic species suffer injury to the extent that they cannot be treated or die, Clause 8 of this Article shall apply.”

4. To amend and supplement Article 10 as follows:

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

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

a/ Releasing buoys marking boundaries of maritime zones;

b/ Conducting scientific surveys and research after such activities are approved by competent state agencies while being subject to the supervision by marine protected area management boards or organizations assigned to manage marine protected areas;

c/ Carrying out public communication and education about environmental protection, biodiversity conservation and aquatic resource protection;

d/ Carrying out patrol, inspection, control and handling violations;

dd/ Carrying out natural resource and environment monitoring and surveillance and archaeological activities;

e/ Handling incidents at sea, rescuing endangered, precious and rare species, and conserving marine ecosystems.

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

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

b/ Restoring and regenerating aquatic animal and plant species and marine ecosystems after such activities are approved by competent state agencies while complying with guidance and being subject to supervision by marine protected area management boards or organizations assigned to manage marine protected areas;

c/ Carrying out ecotourism activities without causing harms to aquatic resources and marine ecosystems;

d/ Fishing vessels, seagoing vessels and other watercraft being eligible for innocent passage but refraining from stopping or anchoring, except force majeure events.

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

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

b/ Carrying out aquaculture and fishing activities;

c/ Organizing service and ecotourism activities;

d/ Constructing infrastructure facilities to serve the operation of marine protected area management boards or organizations assigned to manage marine protected areas; and facilities serving ecotourism and aquaculture.

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

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

b/ Constructing infrastructure facilities to serve the socio-economic development without causing harms to other zones and ecosystems in marine protected areas.

5. The activities in marine protected areas specified in Clauses 1, 2, 3 and 4 of this Article must comply with relevant laws and the Regulation on management of marine protected areas.”

5. To amend and supplement Article 11 as follows:

a/ To amend Point a, Clause 1, Article 11 as follows:

“a/ To carry out investigation, survey, science and technology research and application, and international cooperation on marine conservation within the scope of management;”

b/ To amend Point dd, Clause 1, Article 11 as follows:

“dd/ Civil servants and public employees of marine protected area management boards or organizations assigned to manage marine protected areas may, while performing official duties in marine protected areas, make records of administrative violations in the field of fisheries, and handle violations or propose competent persons to handle violations in accordance with law;”

c/ To amend Point e, Clause 1, Article 11 as follows:

“e/ To enter into cooperation in scientific research, restoration and regeneration of aquatic animal and plant species and natural ecosystems in marine protected areas in accordance with law; to enter into cooperation in the field of ecotourism, leisure tourism and other service activities in marine protected areas in accordance with law;”

d/ To add Point h to Clause 1, Article 11 as follows:

“h/ To organize the management of fishing and aquaculture activities in marine protected areas.”

dd/ To add Clause 3 to Article 11 as follows:

“3. Marine protected area management boards shall exercise the rights and perform the responsibilities regarding environmental management and protection and nature and biodiversity conservation in accordance with law.”

6. To amend and supplement Article 13 as follows:

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

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

a/ To send plans on investigation, scientific research, education and training activities in marine protected areas to marine protected area management boards or organizations assigned to manage marine protected areas 10 days before implementing such plans;

b/ To carry out investigation, scientific research, education and training activities in accordance with law, the Regulation on management of marine protected areas and follow the guidance and submit to the supervision by marine protected area management boards or organizations assigned to manage marine protected areas;

c/ To notify marine protected area management boards or organizations assigned to manage marine protected areas of results of investigation, scientific research, education and training activities; and domestically or internationally published documents (if any);

d/ To pay service charges and supervision expenses to marine protected area management boards or organizations assigned to manage marine protected areas under regulations, except those for investigation and scientific research activities.

2. Organizations and individuals providing ecotourism services and carrying out aquaculture in marine protected areas have the following obligations:

a/ To carry out ecotourism, leisure tourism and recreation activities under the approved overall scheme on development of ecotourism, leisure tourism and recreation activities in marine protected areas;

b/ To comply with the Regulation on management of marine protected areas, and regulations of marine protected area management boards or organizations assigned to manage marine protected areas;

c/ To protect biodiversity and the environment; to participate in activities helping clean up the environment and restore and regenerate aquatic animals and plants and marine ecosystems in marine protected areas;

d/ To disseminate the regulations on environmental protection and biodiversity protection among tourists;

dd/ To pay service charges to marine protected area management boards or organizations assigned to manage marine protected areas under regulations;

e/ To make registration with marine protected area management boards or organizations assigned to manage marine protected areas, for organizations and individuals that are qualified for and wish to carry out fishing and aquaculture activities in marine protected areas.

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

a/ To comply with regulations on management of marine protected areas, regulations of marine protected area management boards or organizations assigned to manage marine protected areas, and relevant regulations;

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

c/ To participate in activities helping regenerate and restore aquatic animals and plants and marine ecosystems in marine protected areas.”

7. To amend Point b, Clause 1, Article 15 as follows:

“b/ Recurrent expenditures include: expenditures for activities of marine protected area management boards or organizations assigned to manage marine protected areas; and expenditures for other regular activities related to the management of marine protected areas.”

8. To amend Point a, Clause 1, and Clauses 6 and 7 of, and add Clauses 8 and 9 to, Article 21 as follows:

a/ To amend Point a, Clause 1, Article 21 as follows:

“a/ The state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development may grant, re-grant and revoke certificates of eligibility for aquatic breed production and breeding, and inspect the maintenance of conditions for aquatic breed production and breeding for facilities producing and breeding prototypal aquatic breeds, and for facilities producing and breeding both prototypal aquatic breeds and aquatic breeds other than prototypal aquatic breeds;”

b/ To amend Clause 6, Article 21 as follows:

“6. Period of maintenance of conditions

a/ The period of maintenance of conditions for an aquatic breed production and breeding facility is 12 months. In case the facility has obtained from the conformity assessment organization a certificate of standard conformity quality management system in accordance with law, the period of maintenance of conditions is 24 months.

b/ The inspection of maintenance of conditions for an aquatic breed production and breeding facility shall be carried out within 90 days from the expiration of the 12-month period or 180 days from the expiration of the 24-month period. The 12-month or 24-month period shall be counted from the date the facility obtains the certificate of eligibility for aquatic breed production and breeding for the first time or the date of previous inspection of maintenance of conditions under regulations.

c/ The inspecting agency shall notify the time of inspection of maintenance of conditions to the to-be-inspected facility 5 working days in advance; and include inspection activities in a record of inspection of aquatic breed production and breeding facilities, made according to Form No. 03.NT provided in Appendix III to this Decree. After 5 working days from the date of completing inspection activities, the inspecting agency shall notify inspection results and the period of maintenance of conditions to the inspected facility.

d/ During the period of maintenance of conditions, if the facility no longer wishes to maintain such conditions under regulations, it shall notify the competent agency specified in Clause 1 of this Article for the latter to revoke the certificate of eligibility for aquatic breed production and breeding and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.”

c/ To amend Clause 7, Article 21 as follows:

“7. When detecting a facility falling into one of the cases specified in Clause 4, Article 25 of the Law on Fisheries, the competent agency shall handle the case as follows:

a/ If the facility fails to maintain the conditions specified at Points a, b or d, Clause 1, Article 24 of the Law on Fisheries and Clause 1, Article 20 of this Decree, the competent agency shall sanction its violation and issue a decision to revoke the certificate of eligibility for aquatic breed production and breeding or propose another competent agency to revoke the certificate and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

b/ If the facility fails to maintain conditions, or inadequately maintains conditions but is unable to remedy the conditions specified at Point c, Clause 1, Article 24 of the Law on Fisheries, and Clause 2, Article 20 of this Decree, the competent agency shall sanction its violation and issue a decision to revoke the certificate of eligibility for aquatic breed production and breeding or propose another competent agency to revoke the certificate and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

c/ If the facility violates Point a or c, Clause 4, Article 25 of the Law on Fisheries, the competent agency shall sanction its administrative violation under regulations and issue a decision to revoke the certificate of eligibility for aquatic breed production and breeding or propose another competent agency to revoke the certificate and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.”

d/ To add Clauses 8 and 9 to Article 21 as follows:

“8. For a facility possessing a certificate of eligibility for aquatic breed production and breeding that participates in one, some or all of stages of the process of production and breeding of aquatic breeds owned by another facility with declared applicable standards or declared information on conformity with relevant national technical regulations:

a/ It shall carry out aquatic breed production and breeding strictly according to the conditions stated in the certificate, and the two facilities must have a written agreement on objects, quantity, declared applicable standards, and implementation period;

b/ It shall perform the obligations specified at Points b, c, dd, e, g and h, Clause 2, Article 26 of the Law on Fisheries; make entries and keep files in the process of aquatic breed production and breeding, and hand over a copy thereof to the facility that owns aquatic breeds with declared applicable standards or declared information on conformity with relevant national technical regulations for storage to serve traceability.

9. Facilities that own aquatic breeds with declared applicable standards or declared information on conformity with relevant national technical regulations shall, when carrying out aquatic breed production and breeding activities at other facilities that possess certificates of eligibility for aquatic breed production and breeding, perform the obligations specified at Point a, d and g, Clause 2, Article 26 of the Law on Fisheries and keep files in the process of aquatic breed production and breeding.”

9. To amend Point c, Clause 2, Article 22 as follows:

“c/ A research outline approved by a competent state management agency (in case of import of aquatic breeds for scientific research).”

10. To amend Point b, Clause 7, Article 26 as follows:

“b/ Within 1 working day after issuing a decision on recognition of aquatic breed testing results, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall publish such decision on its Portal.”

11. To amend Point b, Clause 5, and Clauses 6 and 7 of, and add Clause 9 to, Article 28 as follows:

a/ To amend Point b, Clause 5, Article 28 as follows:

“b/ Physically inspecting the conditions of the facility at the place for production of aquatic feeds and aquaculture environmental treatment products as specified in Article 27 of this Decree and Article 32 of the Law on Fisheries;”

b/ To amend Clauses 6 and 7, Article 28 as follows:

“6. Frequency of inspection of maintenance of conditions

a/ The period of maintenance of the conditions for a facility producing aquatic feeds and aquaculture environmental treatment products is 12 months. In case the facility has obtained from the conformity assessment organization a certificate of standard conformity system in accordance with law, the period of maintenance of conditions is 24 months.

b/ The inspection of maintenance of conditions for a facility shall be carried out within 90 days from the expiration of the 12-month period or 180 days from the expiration of the 24-month period. The 12-month or 24-month period shall be counted from the date the facility obtains the certificate of eligibility for the first time or from the date of previous inspection under regulations.

c/ The inspecting agency shall notify the to-be-inspected facility of the time of inspection of maintenance of conditions 5 working days in advance; and make a record of inspection of conditions for production of aquatic feeds/aquaculture environmental treatment products according to Form No. 13.NT provided in Appendix III to this Decree. After 5 working days from the date of completing inspection activities, the inspecting agency shall notify inspection results and period of maintenance of conditions to the inspected facility.

d/ During the period of maintenance of conditions, in case a facility no longer wishes to maintain the conditions under regulations, it shall notify the competent agency specified in Clause 1 of this Article for the latter to revoke the certificate of eligibility for production of aquatic breeds/aquaculture environmental treatment products and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.”

7. In case of detecting a facility falling into one of the cases specified in Clause 4, Article 25 of the Law on Fisheries, the competent agency shall handle the case as follows:

a/ If the facility fails to maintain the conditions specified at Points a, b, c, d or e, Clause 1, Article 32 of the Law on Fisheries and Clauses 1 and 2, Article 27 of this Decree, the competent agency shall sanction its violation and issue a decision to revoke the certificate of eligibility for production of aquatic breeds/aquaculture environmental treatment products or propose another competent agency to do so, and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

b/ If the facility fails to maintain conditions, or inadequately maintains conditions but is unable to remedy the conditions specified at Point dd, Clause 1, Article 32 of the Law on Fisheries, and Clause 3, Article 27 of this Decree, the competent agency shall sanction its violation and issue a decision to revoke the certificate of eligibility for production of aquatic breeds/aquaculture environmental treatment products or propose another competent agency to do so, and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

c/ If the facility violates Point a or c, Clause 4, Article 34 of the Law on Fisheries, the competent agency shall sanction its administrative violation and issue a decision to revoke the certificate of eligibility for production of aquatic breeds/aquaculture environmental treatment products or propose another competent agency to do so, and publish information thereon on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.”

c/ To add Clause 9 to Article 28 as follows:

“9. Facilities not required to obtain certificates of eligibility for aquatic breed material production include: aquatic breed material production facilities not subject to declaration of conformity with technical regulations; and initial production facilities (crop production facilities, livestock production facilities, aquaculture facilities, and harvesting, catching and fishing facilities).”

12. To amend and supplement Article 29 as follows:

“Article 29. Inspection of quality of aquatic feeds/aquaculture environmental treatment products

1. Agency in charge of inspecting the quality of imported aquatic feeds/aquaculture environmental treatment products: Ministry of Agriculture and Rural Development.

2. Contents of, and order and procedures for, inspection of the quality of imported aquatic feeds/aquaculture environmental treatment products must comply with the product and goods quality law.

3. The sampling for inspection of the quality of aquatic feeds/aquaculture environmental treatment products must comply with national standards or national technical regulations. In case there is no national standard or national technical regulation on sampling, samples shall be randomly taken.

4. The testing of aquatic feeds/aquaculture environmental treatment products shall be carried out by laboratories designated by the Ministry of Agriculture and Rural Development or registered for operation in accordance with law. If there is no designated laboratory (in case of testing to serve state inspection activities) or if a laboratory has been registered for operation (in case of testing to serve the operation of organizations and individuals) for aquatic feeds/aquaculture environmental treatment products, the testing shall be carried out at the designated laboratory or registered laboratory in the field of food, animal feeds, veterinary drugs, pesticides or fertilizers if such laboratory applies appropriate testing methods. In case the testing methods have not been designated or agreed upon, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall decide on testing methods to be applied.”

13. To amend and supplement Point b, Clause 2, and Clause 4, Article 30 as follows:

a/ To amend and supplement Point b, Clause 2, Article 30 as follows:

“b/ A written certification of the organization of or participation in fairs or exhibitions in Vietnam (in case of import of aquatic feeds/aquaculture environmental treatment products for display at fairs or exhibitions), which must have sufficient contents on the time and place of the event, product information (name, main ingredients, uses, use instructions, preservation instructions), volume, plan on handling products upon the conclusion of fairs and exhibitions, and responsibilities of related parties;”

b/ To amend and supplement Clause 4, Article 30 as follows:

“4. Import of live aquatic animals for use as aquatic feeds:

a/ Organizations and individuals may import aquatic species on the List of aquatic species permitted for trading in Vietnam for use as aquatic feeds. In case aquatic species used as aquatic feeds are not on the List of aquatic species permitted for trading in Vietnam, organizations and individuals shall carry out testing under Article 26 of this Decree.

b/ Order and procedures for import of aquatic species permitted for trading in Vietnam for use as aquatic feeds must comply with Article 30 of this Decree.”

14. To amend and supplement Article 36 as follows:

“Article 36. Registration of cage culture/key objects of aquaculture

1. Agencies competent to grant registration certificates: Provincial-level state management agencies in charge of fisheries shall grant certificates of registration of cage culture/key objects of aquaculture.

2. Forms of cage culture subject to registration include aquaculture in cages, suspended rigs, and nets on tidal flats, at sea, rivers, lakes and natural lagoons.

3. A dossier for registration for cage culture/key objects of aquaculture must comprise:

a/ An application for registration for cage culture/key objects of aquaculture, made according to Form No. 26.NT provided in Appendix III to this Decree;

b/ A plan of the locations of ponds/cages, certified by the owner of the aquaculture facility.

4. A dossier for re-registration for cage culture/key objects of aquaculture must comprise:

a/ An application for re-registration for cage culture/key objects of aquaculture, made according to Form No. 27.NT provided in Appendix III to this Decree;

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

c/ A plan of the locations of ponds/cages, certified by the owner of the aquaculture facility (in case of change in production scale); in case the facility’s owner is changed, papers proving such change are required.

5. Procedures for registration or re-registration of cage culture/key objects of aquaculture:

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

b/ Within 7 working days after receiving a complete dossier, the provincial-level state management agency in charge of fisheries shall, based on the approved master plan, plan, program, scheme or project on aquaculture development in the locality and relevant regulations, carry out appraisal and grant a certificate of cage culture/key objects of aquaculture according to Form No. 28.NT provided in Appendix III to this Decree. In case of refusal to grant a certificate, such agency shall reply in writing, clearly stating the reason for refusal.

6. Re-registration of cage culture/key objects of aquaculture shall be made in one of the following cases: The registration certificate is lost or torn; the owner of the aquaculture facility is changed; or the scale of production or objects of culture is/are changed.

7. Revocation of certificates of registration for cage culture/key objects of aquaculture

a/ A certificate shall be revoked in one of the following cases: It is erased or deleted or has its contents altered; the certificate holder commits a violation that is subject to certificate revocation in accordance with law;

b/ Agencies competent to grant certificates have the competence to revoke certificates.”

15. To amend and supplement Point b, Clause 3, and Clause 4 of; and add Point c to Clause 5, and Clauses 6 and 7 to, Article 37 as follows:

a/ To amend Point b, Clause 3, Article 37 as follows:

“b/ Within 45 days after receiving a complete dossier, the competent agency shall appraise the dossier, consult the state management agency in charge of natural resources and the environment and related units, and organize a physical inspection (in case of necessity) in the marine area where the to-be-licensed mariculture will be carried out and consider granting a license for mariculture, which shall be made according to Form No. 31.NT provided in Appendix III to this Decree, if the applicant satisfies the law-specified conditions. In case of refusal to grant a license, the competent agency shall reply in writing, clearly stating the reason for refusal.”

b/ To amend and supplement Clause 4, Article 37 as follows:

“4. Re-grant or extension of licenses for mariculture

a/ Cases of license re-grant or extension: A license for mariculture shall be considered for re-grant if it is lost or damaged or there is a change or supplementation of information about its holder; or shall be considered for extension in case it remains valid for at least 60 days.

b/ A dossier for re-grant or extension of a license for mariculture must comprise:

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

A report on production results, made according to Form No. 30A.NT provided in Appendix III to this Decree;

A report on environmental protection results, appraised by a competent state agency under regulations;

A certified copy of the decision on assignment of the sea area (in case of license extension);

A copy of a competent state agency’s document showing the change or supplementation of information about the license holder (in case of license re-grant).

c/ Procedures:

An applicant shall send a dossier to the competent agency specified in Clause 1 of this Article.

Within 15 days after receiving a complete dossier for re-grant/extension of a license for mariculture, the competent agency shall consider re-granting/extending the license. In case of refusal to re-grant/extend the license, the competent agency shall reply in writing, clearly stating the reason for refusal.”

c/ To add Point c to Clause 5, Article 37 as follows:

“c/ Upon detecting a facility falling into one of the cases specified at Point a of this Clause, the competent agency specified at Point b of this Clause shall issue a decision on revocation of a license for mariculture.”

d/ To add Clauses 6 and 7 to Article 37 as follows:

“6. The validity period of a license for mariculture must not exceed the period specified in Clause 4, Article 44 of the Law on Fisheries. In case a license expires, if its holder wishes to continue to use the marine area for aquaculture, it may be considered for extension for once or multiple times but the total extended period must not exceed 20 years.

7. In case of transfer of the value of the right to use a marine area for aquaculture: The organization or individual that rents the marine area or receives the right to use the marine area as capital contribution for aquaculture shall be held responsible before law for its/his/her obligations in aquaculture activities and use of the marine area.

a/ In case the transferee continues to implement the transferor’s aquaculture project, it/he/she shall carry out procedures for change of information in the license for mariculture under Clause 4 of this Article;

b/ In case the transferee fails to continue to implement the transferor’s aquaculture project, it/he/she shall carry out procedures for grant of a license for mariculture under Clauses 2 and 3 of this Article.”

16. To amend and supplement Article 38 as follows:

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

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

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

3. Procedures for grant of a mariculture license:

a/ An organization or individual that applies for a mariculture license shall send a dossier to the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development;

b/ Within 90 days after receiving a complete dossier, the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development shall appraise the dossier; organize survey at the concerned marine area (if necessary); propose the Ministry of Agriculture and Rural Development to consult the administration of the locality where exists the concerned marine area, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, and Ministry of Natural Resources and Environment. The consulted agencies shall give their feedback within 30 days after receiving the written request for opinions. Past the above time limit, if giving no feedback, the consulted agencies shall be considered to have agreed with the contents put for opinion.

In case all consulted agencies agree to the grant of a mariculture license, within 5 working days, the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development shall propose the Minister of Agriculture and Rural Development to grant a mariculture license, made according to Form No. 31.NT provided in Appendix III to this Decree.

In case at least one opinion disagrees to the grant of a mariculture license to a foreign investor or foreign-invested economic organization, the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development shall propose the Ministry of Agriculture and Rural Development to report thereon  to the Prime Minister for his/her directing opinions. Within 7 working days after obtaining the Prime Minister’s opinions, the Minister of Agriculture and Rural Development shall grant a mariculture license, made according to Form No. 31.NT provided in Appendix III to this Decree. In case of refusal to grant a mariculture license, the Minister of Agriculture and Rural Development shall reply in writing, clearly stating the reason.

4. Re-grant or extension of a mariculture license:

a/ Cases eligible for re-grant or extension of a mariculture license: A mariculture license shall be re-granted in case it is lost or damaged or has its information changed or added; or shall be considered for extension in case it remains valid for at least 60 days.

b/ A dossier of request for re-grant or extension of a mariculture license must comprise:

A written request for re-grant of a mariculture license, made according to Form No. 29.NT provided in Appendix III to this Decree;

A report on production results, made according to Form No. 30A.NT provided in Appendix III to this Decree;

A report on environmental protection results, appraised by a competent state agency under regulations;

Certified copies of the decision on allocation of marine areas for aquaculture and of the mariculture license (in case of extension of the mariculture license);

A copy of a competent state agency’s document showing the changed or added information of the applicant (in case of re-grant of the mariculture license).

c/ Procedures for re-grant/extension of a mariculture license:

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

Within 30 days after receiving a complete dossier of request for re-grant/extension of a mariculture license, the competent state agency shall consider re-granting/extending a mariculture license. In case of refusal to re-grant/extend the license, the competent agency shall reply in writing, clearly stating the reason.

5. The validity period of a mariculture license must comply with Article 37 of this Decree.

6. Revocation of a mariculture license:

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

b/ The Ministry of Agriculture and Rural Development may revoke mariculture licenses and issue decisions on revocation of mariculture licenses.

7. In case of transfer of the value of the right to use marine areas for aquaculture: Organizations or individuals that rent, or receive the right to use, marine areas for aquaculture as capital contributions shall bear responsibility before law for their obligations in aquaculture and use of marine areas.

a/ In case the transferee continues implementing the transferor’s aquaculture project, it/he/she shall carry out the procedures for change of information in the mariculture license specified in Clause 4 of this Article;

b/ In case the transferee does not continue implementing the transferor’s aquaculture project, it/he/she shall carry out the procedures for grant of a mariculture license specified in Clauses 2 and 3 of this Article.”

17. To amend and supplement Clause 2, and Point b, Clause 3, Article 41 as follows:

a/ To amend and supplement Clause 2, Article 41 as follows:

“2. A facility engaged in breeding of endangered, precious and rare aquatic species must fully satisfy the conditions specified in Article 24 of the Law on Fisheries and Article 20 of this Decree. A facility engaged in cultivation or artificial propagation of endangered, precious and rare aquatic species other than those mentioned in Clause 1 of this Article must fully satisfy the conditions specified in Article 38 of the Law on Fisheries and Article 34 of this Decree.”

b/ To amend and supplement Point b, Clause 3, Article 41 as follows:

“b/ To register for certification of facilities eligible for aquaculture in accordance with Article 35 of this Decree, for endangered, precious and rare aquatic species not listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.”

18. To amend and supplement Clause 1, Article 42 as follows:

“1. Fishing areas cover:

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

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

c/ Offshore area (farshore area), which is delimited by the inshore fishing area and the outer boundary, which is defined under the 1982 United Nations Convention on the Law of the Sea.”

19. To add Clauses 4, 5 and 6 to Article 43 as follows:

“4. Conversion of offshore fishing license quotas:

a/ Organizations or individuals that have been granted offshore fishing licenses shall, upon the transfer of the ownership over fishing vessels among provinces/centrally run cities, refrain from increasing the total offshore fishing license quotas allocated by the Ministry of Agriculture and Rural Development.

The conversion of fishing license quotas between different fishing trades within the total allocated license quotas shall be decided by provincial-level People’s Committees in line with local fishing trade development orientations, ensuring that it is only permitted to carry out the fishing trades that are friendly to aquatic resources and comply with law;

b/ Organizations or individuals that acquire the ownership over fishing vessels shall comply with the provisions on issuance of written approvals of Article 62 of the Law on Fisheries and Article 57 of this Decree and shall register fishing vessels under regulations. After issuing written approvals under regulations, the Departments of Agriculture and Rural Development of the provinces or centrally run cities where exist the organizations or individuals transferring the ownership of fishing vessels shall send a notice of the transfer of offshore fishing license quotas, made according to Form No. 01A.KT provided in Appendix IV to this Decree, to the provinces or centrally run cities where exist the organizations or individuals acquiring the ownership of fishing vessels; the fishing vessel registration agencies shall carry out the procedures for de-registration and registration of fishing vessels under regulations.

5. Non-coastal provinces and centrally run cities shall review and determine the number of existing fishing vessels and their areas of operation and review fishing licenses already granted to fishing vessels with the length of between 6 meters and under 15 meters before the effective date of this Decree, and send statistics thereof to provincial-level People’s Committees of coastal localities where the fishing vessels operate for inclusion in quotas of licenses for fishing in coastal and inshore areas in the coastal localities and for coordination in management of the operation of fishing vessels.

6. Fishing vessels with the length of 6 meters or more must enter ports for having products on board loaded/unloaded.”

20. To amend and supplement Article 44 as follows:

“Article 44. Regulations on management of fishing vessel monitoring systems

1. Trackers installed on board fishing vessels must meet the requirements specified in Appendix VII to this Decree.

2. Requirements for the fishing vessel monitoring software of the vessel tracker supplier:

a/ Being able to be connected with and receive information and data from the tracker installed on board the fishing vessel;

b/ Ensuring uninterrupted connection for transmission of all information and data from the tracker installed on board the fishing vessel to the fishing vessel monitoring data center under the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development;

c/ Receiving information from the fishing vessel monitoring system for transmission to the tracker installed on board the fishing vessel in the format specified by the fishing vessel monitoring data center under the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development;

d/ Ensuring data security in accordance with law.

3. The fishing vessel monitoring system’s software installed at the fishing vessel monitoring data center under the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development must have the following features:

a/ Being compatible with Microsoft Windows, Android and IOS operating systems with a visual interface in Vietnamese; managing all information on fishing vessels installed with trackers; providing information and data to state management agencies at central and local levels for management, inspection and monitoring of the operation of fishing vessels at sea and upon port entry and exit; and not allowing intervention for altering fishing vessel voyage data;

b/ Displaying the real-time vessel position, time, speed, movement direction, alarm signals, the latest data updating, weather information, fishing ground information and operation status of the tracker, and sending such information to the tracker; displaying the main device according to the declared code together with the fishing license and displaying the backup device;

c/ Having the functions to access, search, tabulate, report and compile statistics of data in accordance with the Ministry of Agriculture and Rural Development’s regulations on provision, management and use of data from vessel trackers, and creating a vessel management zone and sending automatic alerts when the vessel enters or leaves such zone;

d/ Connecting and transmitting information to the data center of the vessel tracker supplier; and granting use rights to organizations and individuals entitled to use vessel monitoring data;

dd/ Clearly showing the coordinates of demarcated fishing zones, no-fishing zones, fishing ports, islands and archipelagos under Vietnam’s sovereignty, and Vietnam’s historical waters.

4. Management of the fishing vessel monitoring system

a/ The state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development have the following responsibilities:

To perform the unified management of the fishing vessel monitoring system and fishing vessel monitoring data nationwide, administer such system and grant rights to exploit and use fishing vessel monitoring data to designated localities, agencies and fishing port organizations and law enforcement forces concerning sea fishing; and directly process vessel monitoring data, for fishing vessels with the maximum length of 24 meters or more;

To develop and operate the fishing vessel monitoring system to ensure timely receipt and processing of information and data; if detecting a fishing vessel losing signals or crossing the legal fishing zone, to send a notice by phone, email, or data transmission to the focal point receiving and processing fishing vessel monitoring information under the provincial-level Department of Agriculture and Rural Development of the concerned coastal locality, Fisheries Resources Surveillance Force, Coast Guard Command, and Border Guard Command, for the latter to organize inspection, control, processing, synthesis and reporting under regulations and inter-agency coordination procedures.

b/ Provincial-level Departments of Agriculture and Rural Development of coastal localities shall manage and process fishing vessel monitoring data of their localities; process vessel monitoring data, for fishing vessels with the maximum length of between 15 meters and under 24 meters; exploit voyage monitoring database to serve management of fishing vessels and traceability, and handle violations in the areas under their management. Provincial-level state management agencies in charge of fisheries in coastal localities shall manage and process data on monitoring fishing vessels of such localities and fishing vessels of other localities when these vessels operate in the maritime zones under their management; exploit voyage monitoring database to serve management of fishing vessels and traceability, and handle administrative violations according to their competence.

c/ Provincial-level Departments of Agriculture and Rural Development, Fisheries Resources Surveillance Force, Coast Guard Command, and Border Guard Command shall assign, and send information on, the focal points receiving fishing vessel monitoring information to the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development, and process information and data of the fishing vessel monitoring system. Before the 20^th of every month or upon request, they shall send reports on processing results to the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development (via the on-duty division for operating the fishing vessel monitoring system) by email or in writing for summarization.

d/ A vessel owner shall, upon the installation of a vessel tracker, make a declaration of information about installation of vessel tracker, made according to Form No. 01.KT provided in Appendix IV to this Decree; and be provided with information about monitoring of its/his/her fishing vessel’s voyage from the fishing vessel monitoring data center under the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development and from the fishing vessel monitoring data center of the vessel tracker supplier as requested.

dd/ Provincial-level state management agencies in charge of fisheries shall manage and inspect the installation and activation of vessel trackers.

e/ The vessel captain or owner shall ensure that the vessel tracker operates around the clock from the time the vessel leaves the port until it docks. In case the vessel tracker loses signals, the vessel captain or owner shall use other devices to record the position of the vessel and report such to the management agency at the port where it docks, use other communication devices to report on the position of the vessel to the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development and the provincial-level state management agency in charge of fisheries in the locality where the vessel is registered (via the on-duty division for operating the fishing vessel monitoring system) every 6 hours, and take the vessel to the port for repair within 10 days from the date the tracker is broken down; the vessel captain or owner shall strictly comply with the warnings given by the vessel tracker and may not allow the vessel to cross the legal fishing zone.

g/ Foreign fishing vessels conducting fisheries activities in the maritime zones of Vietnam shall be installed with trackers in conformity with technical requirements and regulations on management and use of fishing vessel monitoring system and data specified in this Article.

h/ Vessel monitoring data shall be used as a legal ground for managing the operation of fishing vessels, sanctioning administrative violations, handling fisheries disputes, and giving confirmation or certification of origin of fished products, and making payments under policies in the field of fisheries.

5. Responsibilities of a vessel tracker supplier

a/ To update and manage information on vessels, vessel owners, vessel tracker codes, and lead seal codes, and automatically transmit information to the fishing vessel monitoring data center under the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development; to examine, and take responsibility for the accuracy of, the information before updating it to the fishing vessel monitoring software of the vessel tracker suppliers; to notify vessel owners 30 days prior to the expiration of the vessel trackers; to refrain from arbitrarily disconnecting trackers while fishing vessels are operating at sea;

b/ To install vessel trackers in fixed, firm positions on the sections attached to the hulls of fishing vessels together with the use instructions (which must contain at least the following information: telephone number for around-the-clock contact, and address of the vessel tracker supplier); to fix lead seals on trackers on board the vessels upon installation or after repair of the trackers;

c/ To timely deal with tracker-related incidents and provide tracker-related information; to coordinate with related agencies in the handling of violations when requested by competent agencies; to deal with incidents concerning signals of vessel trackers it has supplied; to send vessel monitoring data that have yet to be sent to the vessel monitoring data center under the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development, together with a written confirmation in case of force majeure event;

d/ To send quarterly, biannual, annual or extraordinary reports on installation of vessel tracker to the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development, and the provincial-level Department of Agriculture and Rural Development of the locality where fishing vessels are registered, made according to Form No. 01B.KT provided in Appendix IV to this Decree;

dd/ Before supplying vessel trackers, to notify in writing such to the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development for summarization and posting on the latter’s Portal;

e/ To ensure the connection and transmission of data from trackers to the vessel monitoring data center under the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development;

g/ To be held responsible in case vessel trackers cannot transmit data to the vessel monitoring data center due to technical failure.

6. Data security

a/ To ensure that data stored in the server of the tracker supplier are neither deleted nor changed throughout their storage period under regulations;

b/ To encrypt data transmitted between the vessel tracker and server of the vessel tracker supplier to ensure information security during the transmission; to encrypt fishing vessel monitoring data before such data are transmitted to other specialized agencies under regulations;

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

d/ Vessel tracker suppliers shall secure data and provide accurate data; and may provide fishing vessel monitoring data at the request of the agencies in charge of performing the state management of fisheries after obtaining approval of the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development.

7. Management, installation, removal and replacement of vehicle trackers

a/ Provincial-level state management agencies in charge of fisheries shall formulate and promulgate procedures for installation, removal and replacement of vessel
trackers, and manage the installation, removal and replacement of vehicle trackers.

b/ Upon installing, removing or replacing a vessel tracker, the vessel owner shall send a declaration of information about installation of vessel tracker to the local state management agency in charge of fisheries, made according to Form No. 01.KT provided in Appendix IV to this Decree, for inspection and confirmation under regulations, and request the vessel tracker supplier to update information to the database. In case the vehicle tracker is broken down, the vessel owner shall notify thereof to the provincial-level state management agency in charge of fisheries for the latter to make a written record of inspection of the tracker status before the tracker is removed or replaced.

c/ The tracker to be installed on board a fishing vessel shall be affixed with a lead seal using the specimen seal notified by the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development; each seal used for a tracker must have its own code; the supplier’s lead seal code must contain information on the supplier’s abbreviation and serial number on the lead seal. After installing a tracker on a fishing vessel, the tracker supplier shall notify the installation to the state management agency in charge of fisheries of the Ministry of Agriculture and Rural Development, and the concerned provincial-level management agency in charge of fisheries shall inspect the installation of the tracker and update information thereon to the voyage monitoring database.”

21. To amend and supplement Point b, Clause 1; Clause 4; and Point b, Clause 5 of; to add Clause 6 to, Article 45 as follows:

a/ To amend Point b, Clause 1, Article 45 as follows:

“b/ A copy of the technical safety certificate of fishing vessel, for vessels subject to inspection under regulations;”

b/ To amend Clause 4, Article 45 as follows:

“4. The validity period of a fishing license granted for the first time must not exceed the remaining validity period of the announced fishing license quota.”

c/ To amend Point b, Clause 5, Article 45 as follows:

“b/ When detecting a violation in any of the cases specified in Clause 5, Article 50 of the Law on Fisheries, the competent agency shall issue a decision on revocation of fishing license and notify such in the mass media.”

d/ To add Clause 6 to Article 45 as follows:

“6. Capture vessels may engage in 1 more supplementary trade other than trawling or fishing logistics. A fishing logistics vessel may not engage in any supplementary trade.”

22. To add Article 45a below Article 45 as follows:

“Article 45a. Supervisors on board Vietnam’s fishing vessels operating in the maritime zones of Vietnam

1. A supervisor on board Vietnam’s fishing vessels must meet the following conditions:

a/ Being a Vietnamese citizen;

b/ Being physically fit and skilled to work on board fishing vessels for a long period at sea;

c/ Having completed a professional training or training course on supervision of fishing activities.

2. Rights and responsibilities of a supervisor:

a/ To be provided with working, dining and accommodation conditions on board fishing vessel throughout the duration of his/her task assignment;

b/ To be entitled to travel expenses, work-trip allowances, salary, allowances, insurance benefits and other benefits and expenses according to current regulations in case he/she is assigned by the sending state agency; to be entitled to payment for expenses stated in the contract in case he/she is hired to perform supervision tasks on board the fishing vessel;

c/ To access and use physical facilities and equipment of the fishing vessel that he/she needs for task performance;

d/ To access the fishing vessel’s files, including the fishing vessel registration certificate, technical safety certificate of the fishing vessel, fishing license, seaman’s book, fishing logbook, and relevant documents;

dd/ To access marine equipment, nautical charts, radios, depth sounders, fish finders, radars, positioning systems, communications equipment, and other equipment; to access the deck during the process of deploying and retrieving fishing gear and accessing aquatic samples for collection and sampling;

e/ To access medical equipment and sanitary facilities; to use food and accommodation like those for seamen working on board fishing vessels;

g/ To attend professional training and further training courses on the performance of a supervisor’s tasks on board fishing vessels;

h/ To perform the tasks stated in the contract or as assigned by the sending state agency;

i/ To adhere to the code of conduct and keep the confidentiality of information concerning the operation of fishing vessels, activities of seamen and vessel owner, and collected data and information;

k/ To ensure the independence, objectivity and fairness when performing a supervisor’s tasks on board the fishing vessel;

l/ To regularly discuss with the vessel master about relevant issues and tasks.

3. Rights of the vessel owner and captain

a/ To be notified at least 7 days in advance of the arrangement of a supervisor working on board the fishing vessel for the next voyage, for supervisors assigned by sending state agencies; to be informed of the rights and obligations to implement the fishing vessel supervisor program;

b/ To request the supervisor to comply with the fishing vessel’s general rules and with law;

c/ For the vessel captain, to review and comment on the supervisor’s report and add opinions and information to such report.

4. Responsibilities of the vessel owner and captain

a/ To receive the supervisor assigned by the competent state agency under a plan to implement the fishing vessel supervisor program approved by the Ministry of Agriculture and Rural Development, and arrange working, dining and accommodation spaces and create conditions for them to work on board the fishing vessel; to notify in writing the local state management agency in charge of fisheries of the assignment of the supervisor on board the fishing vessel for monitoring and management before signing a contract with him/her;

b/ To assign a seaman to accompany the supervisor when the latter performs tasks in dangerous areas;

c/ To notify the seamen of the supervisor’s boarding time and inform them of their rights and obligations when the latter performs his/her tasks on board the fishing vessel;

d/ To support the supervisor in safely embarking and disembarking the fishing vessel at the notified or agreed location and time;

dd/ To notify the supervisor of the deployment or retrieval of fishing nets at least 15 minutes in advance;

e/ To permit and support the supervisor in getting access to the fishing vessel’s files, including the fishing vessel registration certificate, technical safety certificate of the fishing vessel, fishing license, seaman’s book and fishing logbook, to serve inspection and recording of information on the vessel and voyage;

g/ To allow the supervisor to access the space, catches, marine equipment, nautical charts, communication devices and other equipment and information relating to fishing activities so as to create favorable conditions for him/her to perform the tasks of collecting scientific data and specimens, and recording other relevant information;

h/ To refrain from threatening, intervene, or bribing the supervisor, thus affecting the performance of his/her duties;

i/ To cover the costs stated in the contract signed with the supervisor or some expenses to implement the fishing vessel supervisor program approved by the Ministry of Agriculture and Rural Development.

5. The Ministry of Agriculture and Rural Development shall formulate a framework program and provide training and further training courses for fishing vessel supervisors; formulate, and organize the implementation of, the fishing vessel supervisor program on an annual basis or for each period to meet management requirements or import market demands. The fishing vessel supervisor program must contain the following principal contents: objectives and contents of implementation (fishing trades subject to supervision, number of voyages, areas of operation), to-be-delivered products and funds for implementation.”

23. To amend and supplement Article 46 as follows:

“Article 46. Conditions for fishing vessels to operate outside the maritime zones of Vietnam

1. To detail Point b, Clause 1, Article 53 of the Law on Fisheries as follows:

a/ A fishing vessel of the maximum length of 15 meters or more shall be installed with a tracker that is capable of automatically transmitting information and data via the satellite communication system, and must not be on the list of fishing vessels violating illegal fishing regulations;

b/ A fishing vessel shall be equipped or installed with communication and marine devices, including very high frequency (VHF) radiotelephone transceivers with digital selective calling (DSC) function on channel 70 or 16; medium frequency/high frequency (MF/HF) radiotelephone transceivers; navigational telex (NAVTEX) receivers, and emergency position-indicating radio beacons (EPIRB).

2. To detail Point d, Clause 1, Article 53 of the Law on Fisheries as follows:

a/ Having International Maritime Organization (IMO) number under regulations in case a fishing vessel operates in maritime zones under the jurisdiction of regional fisheries management organizations or maritime zones of another country or territory upon request;

b/ Having supervisors under regulations of a regional fisheries management organization or coastal country;

c/ Crewmembers and workers on board the fishing vessel must possess certificates of completion of training in management of fisheries in international maritime zones granted by the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development, in case of grant of licenses for fishing in maritime zones under the jurisdiction of regional fisheries management organizations.”

24. To amend and supplement Clause 4, Article 48 as follows:

“4. Procedures:

a/ The applicant for grant, re-grant or extension of a license for fishing operations in Vietnam’s seas shall send a dossier to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

b/ After receiving a complete and valid dossier, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall send a list of crewmembers and workers on board the fishing vessel to the Ministry of Agriculture and Rural Development for the latter to collect opinions from the Ministry of Public Security and Ministry of National Defense. Within 10 working days after receiving a written request for opinion, the Ministry of Public Security and Ministry of National Defense shall give their opinions in writing.  Within 5 working days after receiving opinions from the Ministry of Public Security and Ministry of National Defense, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall consider granting or re-granting a license for fishing operations of the foreign vessel in Vietnam’s seas, made according to Form No. 15.KT provided in Appendix IV to this Decree;

c/ Within 5 working days after receiving a complete dossier, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall extend a license for fishing operations of the foreign vessel in Vietnam’s seas, made according to Form No. 16.KT provided in Appendix IV to this Decree;

d/ After granting, re-granting or extending a license for fishing operations of the foreign vessel in Vietnam’s seas, the Ministry of Agriculture and Rural Development shall notify such to the provincial-level People’s Committee of the locality where the foreign vessel practices fishing in Vietnam’s seas, and the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs for coordination in monitoring and management;

dd/ In case of refusal to grant, re-grant or extend a license, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall reply in writing, clearly stating the reason.”

25. To amend and supplement Article 49 as follows:

“Article 49. Regulations on foreign vessels entering or leaving fishing ports, or anchoring within fishing port waters

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

2. To make declarations and submit to the inspection, examination and control by competent forces in accordance with law.”

26. To amend and supplement Clause 3, Article 51; Clause 3, Article 52, and Clause 3, Article 53 as follows:

“3. Formulating and applying a quality management system; having a technological process in conformity with national technical regulations on classification and building of fishing vessels.”

27. To amend and supplement Clause 3, Article 54 as follows:

“3. Order and procedures for inspection of the maintenance of conditions for a fishing vessel building and renovation facility, and grant or re-grant of certificates of eligibility for fishing vessel building and renovation:

a/ An organization or individual shall submit a dossier to the provincial-level state management agency in charge of fisheries of the locality where its/his/her facility is located;

b/ Within 7 working days after receiving a complete dossier, the provincial-level state management agency in charge of fisheries shall inspect and evaluate conditions on the facility, using Form No. 03A.TC provided in Appendix V to this Decree; if the inspection and evaluation show that the facility is unsatisfactory, such facility shall remediate the unsatisfactory contents, and then send a notice to the provincial-level state management agency in charge of fisheries for inspection of the remediated contents (in case of necessity);

c/ In case the facility’s dossier and conditions are satisfactory, within 3 working days after completion of the inspection and evaluation, the provincial-level state management agency in charge of fisheries shall grant a certificate of eligibility for fishing vessel building and renovation, made according to Form No. 04.TC provided in Appendix V to this Decree; in case of refusal to grant a certificate, the provincial-level state management agency in charge of fisheries shall reply in writing, clearly stating the reason;

d/ The frequency of inspection of the maintenance of conditions for a fishing vessel building and renovation facility is once every 12 months. In case such facility has been granted by the conformity assessment organization a certificate of standard conformity for its system in accordance with law, such frequency is once every 24 months. The provincial-level state management agency in charge of fisheries shall notify the time of inspection of the maintenance of conditions to a fishing vessel building and renovation facility at least 5 working days in advance, using Form No. 03A.TC provided in Appendix V to this Decree. Within 5 working days after completing the inspection, the inspection agency shall notify the inspected facility of inspection results and the frequency of inspection of the maintenance of conditions.”

28. To add Article 54a below Article 54 as follows:

“Article 54a. Institutions providing training and further training for crewmembers of fishing vessels

1. Conditions on an institution providing training and further training for crewmembers of fishing vessels

a/ Being established in accordance with law, having the functions of training and further training;

b/ Having physical foundations, equipment and trainers meeting the requirements provided in Appendix XII to this Decree;

c/ Having training and further training programs and syllabuses under regulations; having established and maintaining a quality management system in conformity with ISO 9001 standard or equivalent.

2. Rights and obligations of an institution providing training and further training for crewmembers of fishing vessels:

a/ To collect training charges under regulations;

b/ To send a written notice, made according to Form No. 04A.TC provided in Appendix I to this Decree, to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development at least 30 days before providing training and further training for crewmembers of fishing vessels;

c/ To ensure physical foundations, equipment and trainers meeting the law-specified requirements;

d/ To provide training and further training for crewmembers of fishing vessels according the program framework issued by the Ministry of Agriculture and Rural Development.”

29. To amend and supplement Article 56 as follows:

“Article 56. Conditions on fishing vessel inspection establishments

1. For a class-I fishing vessel inspection establishment:

a/ Being established under the competent agency’s decision (for public non-business vehicle inspection establishments) or under the Law on Enterprises or the Law on Cooperatives; being legally and financially independent from fishing vessel traders, fishing vessel building and renovation facilities and fishing vessel designers;

b/ Having physical foundations and technical equipment that meet the following requirements: Having data input and storage devices; having networked devices to transmit to related agencies the data on the establishment’s vessel inspection activities; and having tools and equipment for technical supervision provided in Appendix VII to this Decree;

c/ Having entered into labor contracts with a term of 12 months or more or indefinite-term labor contracts in accordance with law with vehicle inspection officers, including at least 1 grade-I vehicle inspection officer and 2 grade-II vehicle inspection officers, and each of whom must possess a university or higher degree in relevant technical disciplines such as: hull, engine, electricity, fishing, heat and refrigeration engineering or seafood processing, provided that in the period of performance of contracts with the vessel inspection establishment, such inspection officers do not enter into labor contracts with a term of 3 months or more with other employers;

d/ Having established and maintaining a quality management system in conformity with ISO 9001 standard or equivalent.

2. For a class-II fishing vessel inspection establishment:

a/ Meeting the conditions specified at Points a, b and d, Clause 1 of this Article;

b/ Having entered into labor contracts with a term of 12 months or more or indefinite-term labor contracts in accordance with law with vehicle inspection officers, including at least 2 grade-II vehicle inspection officers, and each of whom must possess a university or higher degree in relevant technical disciplines such as: hull, engine, electricity, fishing, heat and refrigeration engineering or seafood processing, provided that in the period of performance of the contracts with the vessel inspection establishment, such vehicle inspection officers do not enter into labor contracts with a term of 3 months or more with other employers.

3. For a class-III fishing vessel inspection establishment:

a/ Meeting the conditions specified at Points a and b, Clause 1 of this Article;

b/ Having entered into labor contracts with a term of 12 months or more or indefinite-term labor contracts in accordance with law with vehicle inspection officers, including at least 1 grade-II vehicle inspection officer, and each of whom must possess a university or higher degree in relevant technical disciplines such as: hull, engine or fishing, provided that in the period of performance of the contracts with the vessel inspection establishment, such vehicle inspection officers do not enter into labor contracts with a term of 3 months or more with other employers;

c/ Having established and maintaining a quality management system in conformity with ISO 9001 standard or equivalent; or having a technical inspection and supervision process for fishing vessels in conformity with national technical regulations on classification and building of fishing vessels.”

30. To amend and supplement Clauses 2 and 3 of, and add Clauses 4 and 5 to, Article 57 as follows:

“2. Organizations and individuals shall submit their dossiers to provincial-level state management agencies in charge of fisheries.

3. Within 3 working days after receiving a complete dossier, the provincial-level state management agency in charge of fisheries shall appraise the dossier based on fishing license quotas and locality-set criteria and consider granting a written approval, made according to Form No. 06.TC provided in Appendix V to this Decree. In case of refusal to grant a written approval, the provincial-level state management agency in charge of fisheries shall reply in writing, clearly stating the reason.

4. In case of grant of a written approval to purchase a fishing vessel from another province or centrally run city, it is required to have a written notice of transfer of offshore-fishing license quotas issued by the provincial-level Department of Agriculture and Rural Development of the locality where exists the vessel seller and comply with the criteria set by such locality.

5. Within 30 days after completing documents on purchase/sale, bareboat charter, import, donation, inheritance or auction-winning of a fishing vessel, the concerned organization or individual shall come to an agency with fishing vessel registration competence to carry out procedures for grant of a fishing vessel registration certificate under regulations.”

31. To amend and supplement Clause 2; and Point b, Clause 3, Article 58 as follows:

“2. The documents specified at Points b, c, d and dd, Clause 1 of this Article shall be translated into Vietnamese. The document specified at Point d, Clause 1 of this Article shall be consularly legalized under regulations.”

“b/ Within 15 days after receiving a complete dossier, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall collate the dossier with the IUU Vessel Lists published by the Food and Agriculture Organization of the United Nations (FAO) and regional fisheries management organizations, and examine the legality of the fishing vessel registration certificate under regulations of the country with its national flag flown by the fishing vessel in order to verify the origin of the fishing vessel (for used vessels), the list of the previous countries with their national flags flown by the fishing vessel and name of the vessel, fishing areas and aquatic animals fished by the fishing vessel in the last two years (enclosed with copies of relevant fishing licenses) and confirmation by the previous country with its national flag flown by the fishing vessel that the vessel registration has not been deregistered due to previous illegal fishing, and consider granting a permit to the applicant, made according to Form No. 08.TC provided in Appendix V to this Decree; in case of refusal to grant a permit, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall reply in writing, clearly stating the reason;”

32. To amend and supplement Article 61 as follows:

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

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

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

b/ A document on the establishment of the fishing port management organization;

c/ A document showing the rights to use land areas and waters of the port;

d/ A written record of pre-acceptance test for putting into use of the fishing port facility (for fishing ports completed after the effective date of this Decree);

dd/ Notices of the navigable channels to the port and of the waters in front of the pier (except class-III fishing ports).

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

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

b/ Within 6 working days after receiving a complete dossier, the competent agency shall examine the dossier; conduct a field survey at the fishing port (in case of necessary); and issue a decision to announce the opening of the fishing port, made according to Form No. 10.TC provided in Appendix V to this Decree, if the law-specified conditions are fully satisfied. In case of refusal to announce the opening of the fishing port, the competent agency shall reply in writing, clearly stating the reason;

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

3. Announcement of closure of fishing ports:

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

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

4. Fishing ports designated for fishing vessels operating in offshore areas and beyond to enter:

a/ A fishing port may be designated for fishing vessels operating in offshore areas and beyond to enter when satisfying the following requirements: The opening of the fishing port has been announced in accordance with law; the navigable channels to the port and the waters in front of the pier are deep enough for fishing vessels operating in offshore areas and beyond to enter the port; the fishing port has resources to control fishing vessels entering and leaving the port and supervise the port’s throughput of aquatic products and IUU fishing vessels;

b/ Provincial-level Departments of Agriculture and Rural Development shall review (and conduct a field survey when necessary) and make reports on results of review of fishing ports designated for fishing vessels in offshore areas to enter, made according to Form No. 11A.TC provided in Appendix V to this Decree, and send them to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for summarization and submission to the Ministry of Agriculture and Rural Development for announcement. The lists of fishing ports designated for fishing vessels operating in offshore areas and beyond to enter shall be posted on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

5. Fishing ports designated for confirmation of origin of fished aquatic materials

a/ A fishing port may be designed for confirmation of the origin of fished aquatic materials when satisfying the following requirements: The opening of the fishing port has been announced in accordance with law; the fishing port has resources (at least 2 persons with professional qualifications in fisheries and a computer system accessible to the fisheries-related database) to control fishing vessels entering and leaving the port and supervise the port’s throughput of aquatic products and IUU fishing vessels. In case the designated fishing port violates regulations on confirmation of the origin of fished products or no longer meets the above-mentioned requirements, it shall be removed from the list of designated fishing ports;

b/ Provincial-level Departments of Agriculture and Rural Development shall review (conduct a field survey when necessary), and propose lists of fishing ports eligible for confirmation of the origin of fished aquatic materials and send them to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for summarization and submission to the Ministry of Agriculture and Rural Development for announcement. The lists of fishing ports eligible for confirmation of the origin of fished aquatic materials shall be posted on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

6. Fishing ports designated for foreign fishing vessels to enter:

a/ A fishing port may be designated for foreign fishing vessels to enter when satisfying the following requirements: The opening of the fishing port has been announced in accordance with law; the navigable channels to the port and the waters in front of the pier are deep enough for foreign fishing vessels to enter the port; the fishing port’s location is favorable for competent agencies to control exit, entry, and import and export of aquatic products;

b/ Provincial-level Departments of Agriculture and Rural Development shall review (conduct physical inspection when necessary) and make reports on review and proposal of lists of fishing ports designated for foreign fishing vessels to enter, made according to Form No. 11B.TC provided in Appendix V to this Decree, and send them to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for summarization and submission to the Ministry of Agriculture and Rural Development for announcement. The lists of fishing ports designated for foreign fishing vessels to enter shall be posted on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development, and sent to related organizations and individuals for management and monitoring.

7. Provincial-level Departments of Agriculture and Rural Development shall manage, direct, inspect and guide fishing port management organizations in their localities in terms of professional activities, and supervision of fishing vessels, the port’s throughput of aquatic products and cargoes; carry out inspection and handle administrative violations at fishing ports in accordance with law; guide fishing port management organizations in receiving fishing logbooks and fishing reports, and updating data of fishing logbooks to the software of the national database on fishing vessels under regulations.”

33. To amend and supplement Article 66 as follows:

“Article 66. Purchase, sale, storage, preliminary processing, processing and transport of aquatic animals or aquatic products on the list of endangered, precious and rare aquatic animals

1. An organization or individual engaged in preliminary processing and processing of aquatic animals on the list of endangered, precious and rare aquatic animals must satisfy the following requirements:

a/ To ensure that specimens of endangered, precious and race aquatic animals are of lawful origin in accordance with law;

b/ To keep a book for monitoring the preliminary processing and processing of endangered, precious and race aquatic animals and products thereof to serve inspection and management of endangered, precious and rare aquatic animals when so requested by competent agencies;

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

d/ To comply with Articles 96 and 97 of the Law on Fisheries.

2. Aquatic animals and aquatic products on the list of endangered, precious and rare aquatic animals may be purchased, sold, stored and transported when satisfying the requirements specified at Points a, c and d, Clause 1 of this Article.”

34. To amend and supplement Article 70 as follows:

 “Article 70. Control of foreign vessels engaged in fishing, transport or transshipment of fished aquatic animals and aquatic products entering Vietnam’s ports

1. Competence to announce, or remove ports from, the list of designated ports:

a/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, designating, and announcing the list of, seaports for foreign vessels engaged in fishing, transport and transshipment of fished aquatic animals and aquatic products to enter for carrying out activities of import, temporary import, re-export, border-gate transfer or transit via Vietnam’s territory, and notify the list of designated ports to the FAO;

b/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, removing ports from the list of ports designated for foreign vessels engaged in fishing, transport and transshipment of fished aquatic animals and aquatic products to enter for carrying out activities of import, temporary import, re-export, border-gate transfer or transit via Vietnam’s territory in case these ports fail to fulfil their responsibilities under the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing under the FAO’s regulations.

2. Vessels subject to control:

Foreign fishing-logistics vessels and vessels supplying personnel, fuel, fishing gear and other equipment at sea entering ports for the use of port services; foreign vessels engaged in fishing, transport and transshipment of fished aquatic animals and aquatic products entering ports for carrying out activities of import, temporary import, re-export, border-gate transfer or transit via Vietnam’s territory.

3. Notification before a vessel enters a port:

Seventy-two hours before its/his/her foreign vessel enters a port, the vessel owner specified in Clause 2, Article 70 shall send a notice to a competent agency under the Ministry of Agriculture and Rural Development, made according to Form No. 17.KT provided in Appendix IV to this Decree, enclosed with copies of the documents specified at Point b, Clause 5, by hand-delivery or post or electronic means (the national single-window mechanism, online public services, e-software, email, or fax) in English or Vietnamese (non-English original documents shall be translated into English and notarized or certified under regulations).

4. Inspection for deciding to permit or refuse a vessel entering a port:

Within 72 hours after receiving a request for a vessel entering a port, the competent agency under the Ministry of Agriculture and Rural Development shall check and verify whether the vessel is on the list of illegal fishing vessels or whether aquatic products of the fishing vessel and aquatic animals and aquatic products on board the vessel are on the CITES List, in order to decide to:

a/ Permit the vessel to enter the port and send a notice of the approval/refusal to permit the vessel to enter the port or approval/refusal to permit the vessel to use PSMA service, made according to Form No. 17A.KT provided in Appendix IV to this Decree, to the vessel owner or its/his/her legal representative and the maritime administration if the vessel neither violates IUU fishing regulations nor supports IUU fishing;

b/ Refuse to permit the vessel to enter the port and notify such to competent agencies at the port and, at the same time, send a notice to the country with its national flag flown by the vessel, related coastal countries, regional fisheries management organization and related organizations in one of the following cases:

Such vessel is on a list of illegal fishing vessels, announced by a coastal country, regional fisheries management organizations or related international organizations;

There is a request for the refusal from a coastal country, regional fisheries management organizations or related international organizations.

5. Physical inspection on board a vessel when the vessel enters a port:

a/ Principles of inspection: Ensuring fairness, transparency, non-discrimination and no harassment during inspection; not affecting the quality of aquatic products on board the vessel. Inspection officers must have professional expertise and be knowledgeable about the law on fisheries; and refrain from interfering in the exchange of information between the captain and competent authorities of the country with its national flag flown by the vessel in accordance with international law; being allowed to invite a representative of the country with its national flag flown by the vessel and international experts to join the inspection when necessary;

b/ Documents to be provided to inspection officers: fishing vessel registration certificate; fishing license; transshipment license, reports on transshipment and information on the vessel engaged in transshipment (fishing license; transshipment license; registration certificate, and the captain’s declarations); design of cargo hold; copy of license for import of fished aquatic animals on the CITES List (in case of availability of aquatic animals on the CITES List); and documents related to another information stated in Form No. 17.KT provided in Appendix IV to this Decree.

6. Contents of physical inspection when a vessel enters a port:

a/ Checking the accuracy of information declared in Form No. 17.KT provided in Appendix IV to this Decree against information stated in dossiers stored on board the vessel;

b/ Checking the volume and composition of aquatic animals and aquatic products, fishing gear and related equipment on board the vessel against those declared in Form No. 17.KT provided in Appendix IV to this Decree;

c/ Collating the actual volume of aquatic animals and aquatic products loaded/unloaded at the port with the declared volume in order to make an inspection record according to Form No. 18.KT provided in Appendix IV to this Decree.

7. Procedures for physical inspection when a vessel enters a port:

a/ An inspector shall produce papers proving his/her duties to the captain;

b/ The inspector shall carry out inspection based on the contents specified in Clause 6 of this Article and information in Form No.17.KT provided in Appendix IV to this Decree;

c/ The captain shall provide the declared information and produce the documents specified at Point b, Clause 5 of this Article and the documents related to inspection contents and information declared before the vessel enters the port;

d/ The inspector shall make an inspection record according to Form No. 18.KT provided in Appendix IV to this Decree;

dd/ Inspection results shall be notified and processed under Clause 8 of this Article.

8. Notification and processing of physical inspection results when a vessel enters a port:

a/ The competent agency under the Ministry of Agriculture and Rural Development may refuse the unloading of aquatic animals or aquatic products onto a port, and request a competent agency to coerce the vessel to leave Vietnam’s territory (except force majeure events for humanitarian reasons), and send to a competent authority a notice of approval/refusal to permit the vessel to enter the port or approval/refusal to permit the vessel to use PSMA service made according to Form No. 17A.KT provided in Appendix IV to this Decree, not allowing the vessel to use port services, and concurrently notify the country with its national flag flown by the vessel, coastal countries, regional fisheries management organization, FAO, related international organizations, and the country of which the captain is a citizen, of inspection results and violation remedies in one of the following cases:

Imported aquatic animals and aquatic products are fished by the vessel not having a license or having an illegal or invalid license under regulations of the country with its national flag flown by the vessel or of the competent coastal country;

Imported aquatic animals and aquatic products are transported or transshipped by the vessel not having a license or having an illegal or invalid license under regulations of the country with its national flag flown by the vessel or of the competent coastal country;

Imported aquatic animals and aquatic products are fished by the vessel not having a license or having an illegal or invalid license within the waters under the jurisdiction of the regional fisheries management organization;

Imported aquatic animals and aquatic products are transported or transshipped by the vessel not having a license or having an illegal or invalid license within the waters under the jurisdiction of the regional fisheries management organization;

There is evidence that imported aquatic animals and aquatic products on board the vessel are fished in excess of the licensed quota granted by the competent coastal country or the regional fisheries management organization;

There is evidence that imported aquatic animals and aquatic products on board the vessel are fished in contravention of regulations of the competent coastal country or regulations on management and conservation measures within the waters under the jurisdiction of the regional fisheries management organization, or there is evidence that the vessel practices or supports illegal fishing as specified in Article 60 of the Law on Fisheries;

Imported aquatic animals and aquatic products are fished by the vessel on the IUU Vessel List of the country with its national flag flown by the vessel or of the competent coastal country or the regional fisheries management organization.

b/ An inspection record shall be made according to Form No. 18.KT provided Appendix IV to this Decree in 2 copies each to be kept by the captain and inspection unit.

c/ The competent agency under the Ministry of Agriculture and Rural Development shall:

Withdraw the decision to refuse the unloading of aquatic animals and aquatic products onto a port or request the maritime administration not to allow the vessel to use port services in case there is enough evidence that the findings mentioned at Point a of this Clause are based on insufficient or inaccurate grounds or these grounds are no longer used.

Notify the above refusal decision to the vessel owner or lawful representative of the vessel, state management agencies at the port, the country with its national flag flown by the vessel, the coastal country, the regional fisheries management organization, FAO, related international organizations, and the country of which the captain is a citizen.

9. After customs clearance, in case of receiving a notice from the country with its national flag flown by the vessel, coastal country, regional fisheries management organization or related international organization, stating that aquatic animals and aquatic products violate IUU fishing regulations, the competent agency shall sanction administrative violations in the field of fisheries in accordance with law.

10. Criteria for and rights of an inspector:

a/ Criteria for an inspector:

Being a civil servant or public employee who is currently working in a competent agency under the Ministry of Agriculture and Rural Development, assigned to control foreign fishing vessels and vessels transporting fished aquatic animals and aquatic products that enter Vietnam’s ports; having professional expertise and being knowledgeable about the law on fisheries; having skills needed for inspection, and being knowledgeable about the Agreement on Port State Measures.

b/ Rights of an inspector:

To request the captain, crewmembers, cargo owner and shipping agent to provide documents under regulations;

To collect documents and evidence related to the vessel, and aquatic animals and aquatic products on board the vessel to serve the inspection;

To embark the vessel and inspect the vessel’s areas related to information to be inspected; to access the vessel monitoring system (VMS) and the automatic identification system (AIS) of the vessel (if any), fishing gear, design of cargo hold and other relevant equipment on board the vessel;

To attend training and further training courses on implementation of the Agreement on Port State Measures;

To exchange information with the focal-point agency of the country with its national flag flown by the vessel and other countries, regional fisheries management organizations and related international organizations in order to verify information about the vessel, and aquatic animals and aquatic products on board the vessel;

To propose the national focal-point agency to invite a representative of the country with its national flag flown by the vessel and international experts to join the inspection when necessary; to propose formation of an interdisciplinary inspection team or hire interpreters (when necessary);

To request suspension of loading/unloading or require port authorities to stop providing port services.

11. Responsibilities of an inspector: To ensure that the inspection adheres to the principles specified at Point a, Clause 5 of this Article.”

35. To add Article 70a below Article 70 as follows:

“Article 70a. Control of fished aquatic animals and aquatic products transported by container vessels for import into Vietnam

1. At least 48 hours before a transported shipment enters a port, the importer of fished aquatic animals and aquatic products transported into Vietnam by a container vessel shall declare and hand-deliver or send by post or submit via the network (the national single-window system, online public service system, software, email or fax) a dossier of declaration to the competent agency under the Ministry of Agriculture and Rural Development for appraisal and certification that the origin of imported aquatic materials does not violate regulations on illegal fishing and to serve inspection and examination. Such a dossier must comprise:

a/ A declaration with information on the shipment, made according to Form No. 17B.KT provided in Appendix IV to this Decree;

b/ A copy of the bill of lading, for fished aquatic animals and aquatic products that are imported;

c/ A written certification of the origin of fished aquatic animals, issued by the competent authority of the exporting country for the shipment, or a paper showing the confirmation or certification that such aquatic animals are fished, issued by the competent authority of the exporting country for the shipment;

d/ In case of non-availability of the written certification or paper specified at Point c of this Clause, a copy of the fishing license of the vessel is required. As for shipments of Xiphias gladius and species subject to inspection under the Ministry of Agriculture and Rural Development-issued annual plans on inspection and control of fished aquatic animals and aquatic products that are imported, temporarily imported, re-exported, border-gate transferred or transited through Vietnam’s territory by container vessels, a copy of the fishing license and the captain’s statement of the fishing vessel are required. The captain’s statement must contain information on the fishing vessel for aquatic animals and aquatic products imported into Vietnam, including: name of the vessel, vessel registration number (IMO/international call sign/hull markings/regional fisheries management organization (RFMO) registration number (if any)), the state with its flag flown by the vessel, number of the fishing license, type of fishing gear, fishing time and areas; date and place of first arrival of the vessel and confirmation that fished aquatic animals comply with current laws and management and conservation measures. The captain’s statement must bear the signature of the captain of the fishing vessel.

2. The competent agency under the Ministry of Agriculture and Rural Development shall:

a/ Sum up information declared by organizations or individuals to serve the post-import examination and inspection related to regulations on combat of illegal, unreported and unregulated fishing for containers carrying imported fished aquatic animals and aquatic products that are not subject to inspection under the Ministry of Agriculture and Rural Development-issued annual plans on inspection and control of fished aquatic animals and aquatic products that are imported, temporarily imported, re-exported, border-gate transferred or transited through Vietnam’s territory by container vessels;

b/ Organize the appraisal of declaration dossiers for certification that the origin of imported aquatic materials and aquatic products does not violate regulations on illegal fishing for shipments of Xiphias gladius and species subject to inspection under the Ministry of Agriculture and Rural Development-issued annual plans on inspection and control of fished aquatic animals and aquatic products that are imported, temporarily imported, re-exported, border-gate transferred or transited through Vietnam’s territory by container vessels. Appraisal contents include: checking the validity and lawfulness of the declared information and dossier sent by a shipment owner under Clause 1 of this Article; carrying out collation with fishing quotas of each country, fishing grounds and species permitted for fishing under regulations.

In case the declared information and dossier are valid, the competent agency under the Ministry of Agriculture and Rural Development shall send a notice of appraisal results confirming that the origin of imported aquatic materials does not violate regulations on illegal fishing, made according to Form No. 17C.KT provided in Appendix IV to this Decree, to the shipment owner within 48 hours after receiving a complete and valid declaration dossier and concurrently to the border-gate customs office for coordination in completing the import clearance procedures;

In case the information and dossiers declared upon import show that the imported aquatic animals are fished or transshipped in an illegal, unreported or unregulated manner, the competent agency under Ministry of Agriculture and Rural Development shall notify such to the shipment owner and appoint an inspector satisfying the criteria specified in Clause 10, Article 70 to coordinate with the border-gate customs office in performing physical inspection of containerized aquatic products and complete an inspection record, made according to Form No. 17D.KT provided in Appendix IV to this Decree. In case specific aquatic species are unidentifiable, samples thereof shall be taken to serve the inspection;

Handling of inspection results:

In case it is detected through the physical inspection that the imported aquatic animals are fished by a vessel on the IUU Vessel List of the state with its flag flown by the vessel, the coastal state with jurisdiction or regional fisheries management organization; or are fished, transported or transshipped by a vessel holding no license or holding an illegal or invalid license under regulations of the state with its flag flown by the vessel or coastal state with jurisdiction; or are fished, transported or transshipped by a vessel holding no license or holding an illegal or invalid license in waters under the jurisdiction of the regional fisheries management organization; or in case there are evidences that aquatic animals and aquatic products on board the vessel are fished in excess of quotas granted by the coastal states or regional fisheries management organizations; or there are evidences that aquatic animals and aquatic products on board the vessel are fished in contravention of regulations of coastal states with jurisdiction or regulations on management and conservation measures in waters under the jurisdiction of regional fisheries management organizations, or there are evidences that the vessel practices or supports illegal fishing under Article 60 of the Law on Fisheries, the competent agency shall send a notice of appraisal results confirming that the origin of imported aquatic materials does not violate regulations on illegal fishing, made according to Form No. 17C.KT provided in Appendix IV to this Decree, to the shipment owner and concurrently to the border-gate customs office for handling the shipment in accordance with law.

In case physical inspection results are satisfactory, the competent agency shall notify such to the shipment owner and the customs office for performance of the customs clearance procedures for the imported shipment under regulations.

3. In case of receiving a notice from the state with its flag flown by the vessel, coastal states or regional fisheries management organizations and other relevant international organizations that aquatic animals and aquatic products transported by container vessels are fished in an illegal, unreported and unregulated manner:

a/ If the shipment has not entered the port: The competent agency under the Ministry of Agriculture and Rural Development shall coordinate with related agencies in preventing the loading/unloading;

b/ If the shipment has been unloaded at the port and is currently under customs supervision: The competent agency under the Ministry of Agriculture and Rural Development shall coordinate with related agencies in notifying such to the importer for handling under regulations and force the re-export of the shipment;

c/ If the shipment has undergone customs clearance: To comply with regulations on sanctioning of administrative violations in the field of fisheries.

4. In case of receiving a notice from the state with its flag flown by the vessel, coastal states or regional fisheries management organizations and other relevant international organizations that the shipment of aquatic animals and aquatic products show signs of violation, or in case of detecting through checking of acquired information the signs of violations related to illegal, unreported and unregulated fishing:

a/ If the shipment has not entered the port or has entered the port but has not undergone customs clearance, the competent agency under the Ministry of Agriculture and Rural Development shall coordinate with related agencies in carrying out inspection and examination under Point b, Clause 2 of this Article. If detecting no violation, the agency shall send inspection results to the shipment owner for completion of the customs clearance procedures. If detecting a violation, the agency shall force the re-export of the shipment and handle the violation under regulations;

b/ If the shipment has undergone customs clearance, the competent agency under the Ministry of Agriculture and Rural Development shall coordinate with related agencies in organizing inspection and examination. If detecting a violation, the agency shall handle the violation under regulations on sanctioning of administrative violations in the field of fisheries.

5. The handling of post-import examination/inspection results related to regulations on combat of illegal, unreported, unregulated fishing for container vessels of fished aquatic animals that are imported and not subject to inspection under the Ministry of Agriculture and Rural Development-issued annual plans on inspection and control of fished aquatic animals and aquatic products that are imported, temporarily imported, re-exported, border-gate transferred or transited through Vietnam’s territory by container vessels must comply with Point b, Clause 2 of this Article. Inspection records shall be made according to Form No. 17D.KT provided in Appendix IV to this Decree.

6. Annually, based on practical conditions, the competent agency under the Ministry of Agriculture and Rural Development shall formulate, and organize the implementation of, annual plans on inspection and control of fished aquatic animals and aquatic products that are imported, temporarily imported, re-exported, border-gate transferred or transited through Vietnam’s territory by container vessels.”

36. To add Article 70b as follows:

“Article 70b. Responsibilities of related agencies and organizations

1. The competent agency under the Ministry of Agriculture and Rural Development:

a/ To assume the prime responsibility for, and coordinate with related forces at ports in, controlling fished aquatic animals;

b/ To assume the prime responsibility for developing a mechanism on cooperation and exchange of information with coastal countries on quotas for fished animals imported into Vietnam;

c/ To supervise the classification process at warehouses for tuna animals fished, transported and transshipped by foreign vessels under Article 70 of this Decree; to take samples for testing upon suspicion or requests; to select enterprises for supervision under practical requirements or on a random basis to serve the management;

d/ To devise random control measures at importing factories to ensure that the declared quantity and animals are accurate and consistent with animals quotas granted by coastal countries or regional fisheries management organizations.

2. Port operators:

a/ To arrange human resources, work locations, means and equipment for competent state agencies to organize the performance of tasks under regulations;

b/ To submit to the competent agency of the Ministry of Agriculture and Rural Development reports on actual outputs unloaded through their ports, together with detailed information on vehicle numbers, customer names, weighing date, gross vehicle weight, empty weight of vehicles, cargo weight, and cargo hold codes immediately after the unloading is completed.

3. Port authorities shall send personnel to participate in on-board inspections when requested by the competent agency of the Ministry of Agriculture and Rural Development.

4. Captains, ship owners, cargo owners and enterprises importing fished aquatic animals and aquatic products shall comply with regulations on inspection, control and provision of information and documents upon requests of inspection officers and inspection delegations in accordance with law; cargo owners shall provide relevant papers and documents to serve the chain-based control and management work.

5. Organizations and individuals shall comply with regulations on inspection and control of vessels, fished aquatic animals and aquatic products and vessels entering ports for import, temporary import, re-export, border-gate transfer or transit thereof through Vietnam’s territory.

6. Aquatic product importing enterprises:

a/ Within 60 days from the date of starting unloading at ports, to submit to the competent agency of the Ministry of Agriculture and Rural Development a report on the actual output and composition of imported animals after classification together with the declared contents, made according to Form No. 17.KT provided in Appendix IV to this Decree, and a copy of the cleared customs declaration;

b/ To provide dossiers according to the declared information provided in Form No. 17B provided in Appendix IV to the competent agency of the Ministry of Agriculture and Rural Development for organization of inspections under Clause 2, Article 70a when requested;

c/ To refrain from mixing imported aquatic materials that are fished with domestically exploited aquatic materials in the same export shipment;

d/ To create favorable conditions for the competent agency of the Ministry of Agriculture and Rural Development in the course of supervision and classification at warehouses.

7. Provincial-level Departments of Agriculture and Rural Development shall coordinate with the competent agency of the Ministry of Agriculture and Rural Development in inspecting foreign vessels entering ports when requested.

37. To amend Point c, Clause 1, and add Points i, k, l, m and n to Clause 1 of Article 71 as follows:

a/ To amend Point c, Clause 1, Article 71 as follows:

“c/ To compile documents on technical instructions in the field of fisheries; to formulate a set of monitoring and evaluation indicators for joint management in the protection of fisheries resources and regeneration of fisheries resources;”.

b/ To add Points i, k, l, m and n to Clause 1, Article 71 as follows:

“i/ To formulate and promulgate technical procedures for processing information on violating fishing vessels that fail to maintain connection with tracking devices or cross permissible maritime boundaries;

k/ To organize the provision of fisheries logistics public-utility services, management, exploitation and maintenance of fishing ports, and storm shelters for fishing vessels under the Government’s regulations on assignment of tasks, placement of orders or bidding for provision of public products and services covered by state budget funds for recurrent expenditure;

l/ To formulate and implement the program on supervisors on board fishing vessels; to allocate funds for implementation of the program on supervisors on board fishing vessels; to develop a database of supervisors on board fishing vessels regarding dossiers of supervisors; to undertake international cooperation, exchange supervisors and share data on supervisors in accordance with law;

m/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, organizing the implementation of solutions to control the origin of aquatic animals and aquatic products imported into Vietnam; to organize inspections and examinations of enterprises engaged in importing aquatic animals and aquatic products into Vietnam;

n/ To assume the prime responsibility for, and coordinate with related agencies in, formulating plans on examination and control of fished aquatic animals and aquatic products that are imported, temporarily imported, re-exported, transferred through border gates or transited through the Vietnamese territory by container vessels in line with international requirements in each period; to promulgate procedures for inspection and control of this group of goods (when necessary or under international requirements); to develop software to receive information provided by organizations and individuals to carry out the control and management.”

38. To amend and supplement Point b, Clause 3, Article 71 as follows:

“b/ To direct the General Department of Customs to refuse completing customs procedures for shipments of illegally exploited aquatic animals and aquatic products; to coordinate with the agency competent in controlling the origin of fished aquatic animals imported into Vietnam under the Ministry of Agriculture and Rural Development in taking solutions to control the origin of aquatic animals from fishing activities and imported into Vietnam by container vessels.

Before the 25^th every month, the Ministry of Finance (General Department of Customs) shall provide information and documents on imported shipments of fished aquatic animals to the agency competent to control the origin of aquatic animals originating from fishing activities and imported into Vietnam under the Ministry of Agriculture and Rural Development for monitoring and serving the origin inspection and control. Contents of information include import time; number of cleared customs declarations; name of the importing enterprise; name of the exporting enterprise; exporting country, loading port, unloading port, cargo volume, animals composition, commodity code, and value of the original currency.”

39. To amend and supplement Clause 4, Article 71 as follows:

“a/ To direct the at-sea law enforcement force to inspect and control Vietnamese and foreign fishing vessels that leave or enter ports and operate at sea in accordance with law;

b/ To direct the Border Guard force to inspect aquatic animals in the sea border area and the field under its management in accordance with law; to coordinate with specialized agencies at fishing ports to inspect fishing vessels and crewmembers entering and leaving fishing ports and storm shelters in accordance with law;

c/ To direct the Coast Guard force to inspect and handle activities of fishing, rearing, trading in, transporting, collecting and preliminarily processing aquatic animals and aquatic products within their localities, marine areas and fields in accordance with law;

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

dd/ To coordinate with the Ministry of Agriculture and Rural Development in managing fishing vessels, crewmembers and workers on board foreign fishing vessels operating in the maritime zones of Vietnam and Vietnamese fishing vessels operating in marine areas.”

40. To add Point c to Clause 5, Article 71 as follows:

“c/ To arrange forces to patrol, control and handle violations in the field of fisheries for fishing vessels, crewmembers and workers on board foreign fishing vessels operating in waterways and the maritime zones of Vietnam and other marine areas specified by law.”

41. To add Clauses 8 and 9 to Article 72 as follows:

“8. To provide the management of recreational fishing activities in their provinces.

9. To designate agencies and units to inspect and control fishing vessels at ports after the decision on announcement of opening of fishing ports is issued. For fishing ports that have been announced to be open, within 30 days from the effective date of this Decree, the designation of agencies and units to inspect and control fishing vessels at ports must be carried out.”

Article 2. To supplement, replace and annul a number of words, phrases, points, clauses, and articles of the Government’s Decree No. 26/2019/ND-CP of March 8, 2019, detailing a number of articles and providing measures to implement the Law on Fisheries

1. To remove the phrase “joint venture” in Clause 3, Article 12.

2. To annul Point b, Clause 2, Article 35.

3. To add the word “outside” before the phrase “the maritime zones of Vietnam” in Clause 3, Article 47.

4. To remove the phrase “of the Directorate of Fisheries” after the phrase “the Vietnam Fisheries Resources Surveillance is an agency” at Point a, Clause 1, Article 62.

5. To annul Point c, Clause 1, Article 64.

6. To annul Points b, m, o and p, Clause 2, and Clause 3, Article 65.

7. To add the phrase “or organizations assigned to manage protected marine areas” after the phrase “management boards of protected marine areas”.

8. To add the phrase “storm shelters for fishing vessels” after the phrase “fishing ports” at Point a, Clause 1, Article 71.

9. To add the phrase “Fishing vessel registration certificate No.: ................ TS; issued on date …. month …. year ….” after the phrase “expired on date…… month …… year ……” in Form No. 03.KT provided in Appendix IV.

10. To replace the phrase “Directorate of Fisheries” with the phrase “the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development”.

11. To replace the phrase “Pristisdae” at ordinal number 41 in Appendix IX with the phrase “Pristidae”; to replace the phrase “Hippocampus keloggi” at ordinal number 18 with the phrase “Hippocampus kelloggi”, the phrase “weight 500 g/aquatic animals or more” at ordinal number 58 of Appendix X with the phrase “originating from farming activities”.

12. To replace Form No. 01.NT provided in Appendix III with Form No. 01 provided in Appendix I to this Decree; to replace Form No. 02.NT provided in Appendix III with Form No. 02 Appendix I to this Decree; to replace Form No. 03.NT provided in Appendix III with Form No. 03 provided in Appendix I to this Decree; to replace Form No. 04.NT provided in Appendix III with Form No. 04 provided in Appendix I to this Decree; to replace Form No. 09.NT provided in Appendix III with Form No. 05 provided in Appendix I to this Decree; to replace Form No. 11.NT provided in Appendix III with Form No. 06 provided in Appendix I to this Decree; to replace Form No. 12.NT provided in Appendix III with Form No. 07 provided in Appendix I to this Decree; to replace Form No. 13.NT provided in Appendix III with Form No. 08 provided in Appendix I to this Decree; to replace Form No. 14.NT provided in Appendix III with Form No. 09 provided in Appendix I to this Decree; to replace Form No. 15.NT provided in Appendix III with Form No. 10 provided in Appendix I to this Decree; to replace Form No. 16.NT provided in Appendix III with Form No. 11 provided in Appendix I to this Decree; to replace Form No. 20.NT provided in Appendix III with Form No. 12 provided in Appendix I to this Decree; to replace Form No. 24.NT provided in Appendix III with Form No. 13 provided in Appendix I to this Decree; to replace Form No. 26.NT provided in Appendix III with Form No. 14 provided in Appendix I to this Decree; to replace Form No. 29.NT provided in Appendix III with Form No. 15 provided in Appendix I to this Decree; to replace Form No. 31.NT provided in Appendix III with Form No. 17 provided in Appendix I to this Decree.

13. To add Form No. 30A.NT provided in Appendix III with Form No. 16 provided in Appendix I to this Decree.

14. To replace Form No. 01.KT provided in Appendix IV with Form No. 20 provided in Appendix I to this Decree; to replace Form No. 02.KT provided in Appendix IV with Form No. 21 provided in Appendix I to this Decree; to replace Form No. 04.KT provided in Appendix IV with Form No. 22 provided in Appendix I to this Decree; to replace Form No. 17.KT provided in Appendix IV with Form No. 23 provided in Appendix I to this Decree; to replace Form No. 18.KT provided in Appendix IV with Form No. 28 provided in Appendix I to this Decree; to replace Form No. 05.TC provided in Appendix V with Form No. 31 provided in Appendix I to this Decree; to replace Form No. 06.TC provided in Appendix V with Form No. 32 provided in Appendix I to this Decree; to replace Form No. 09.TC provided in Appendix V with Form No. 33 provided in Appendix I to this Decree; to replace Form No. 10.TC provided in Appendix V with Form No. 34 provided in Appendix I to this Decree.

15. To supplement Form No. 01A.KT provided in Appendix IV with Form No. 18 provided in Appendix I to this Decree; to supplement Form No. 01B.KT provided in Appendix IV with Form No. 19 provided in Appendix I to this Decree; to supplement Form No. 17A.KT provided in Appendix IV with Form No. 24 provided in Appendix I to this Decree; to supplement Form No. 17B.KT provided in Appendix IV with Form No. 25 provided in Appendix I to this Decree; to supplement Form No. 17C.KT provided in Appendix IV with Form No. 26 provided in Appendix I to this Decree; to supplement Form No. 17D.KT provided in Appendix IV with Form No. 27 provided in Appendix I to this Decree; to supplement Form No. 03A.TC provided in Appendix V with Form No. 29 provided in Appendix I to this Decree; to supplement Form No. 04A.TC provided in Appendix V with Form No. 30 provided in Appendix I to this Decree; to supplement Form No. 11A.TC provided in Appendix V with Form No. 35 provided in Appendix I to this Decree; to supplement Form No. 11B.TC provided in Appendix V with Form No. 36 provided in Appendix I to this Decree.

16. To replace Appendix II with Appendix II to this Decree; to replace Appendix VII with Appendix III to this Decree; to replace Appendix VIII with Appendix IV to this Decree.

17. To supplement “Appendix XI. Minimum permissible-exploited size of aquatic animals living in natural waters” with Appendix V to this Decree.

18. To supplement “Appendix XII. List of physical facilities, lecturers of training and further training institutions for crewmembers of fishing vessels” with Appendix VI to this Decree.

19. To supplement “Appendix XIII. Requirements for tracking device installed on board fishing vessels” with Appendix VII to this Decree.

Article 3. Implementation provisions

1. This Decree takes effect on May 19, 2024.

2. Transitional provisions:

a/ Pangasius fish farming facilities that have been granted certificates of identification code for Pangasius fish farming ponds under regulations (applicable to Pangasius fish farming facilities that have no changes compared to the granted contents) before the effective date of this Decree are not required to carry out procedures for registration of key aquaculture animals; provincial-level state management agencies in charge of fisheries shall carry out certification conversion and issue certificates of registration of key aquaculture animals, made according to Form No. 28.NT provided in Appendix III to Decree No. 26/2019/ND-CP and send them to the facilities. In case a Pangasius fish farming facility changes contents of its certificate of identification code for Pangasius fish farming ponds, it is required to carry out procedures for registering key aquaculture animals in accordance with this Decree.

b/ Vietnamese organizations and individuals, foreign investors and foreign-invested economic organizations engaged in aquaculture at sea before the effective date of this Decree shall apply for licenses under Decree No. 26/2019/ND-CP within 12 months from the effective date of this Decree.

c/ Institutions providing training and further training for fishing vessel crewmembers that commence operation before the effective date of this Decree shall send a notice, made according to Form No. 04A.TC provided in Appendix V to Decree No. 26/2019/ND-CP, to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development within 90 days from the effective date of this Decree.

d/ Licenses, certificates, written confirmations, certifications and written approvals in the field of fisheries that are granted before the effective date of this Decree may be used until their expiration date or date of re-granting under regulations.

dd/ For organizations and individuals that submit dossiers for performance of administrative procedures before the effective date of this Decree, and agencies that carry out administrative procedures shall comply with relevant current regulations at the time the organizations and individuals submit their dossiers. In case the provisions of this Decree are more convenient for organizations and individuals, the provisions of this Decree shall prevail.

e/ For tracking devices that are installed on board fishing vessels before the effective date of this Decree, fishing vessel owners shall update and add technical features as specified in this Decree before December 31, 2026.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The appendices to this Decree are not translated.