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

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Decree No. 37/2024/ND-CP dated April 04, 2024 of the Government amending and supplementing a number of articles of the Government’s Decree No. 26/2019/ND-CP dated March 8, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries
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Official number:37/2024/ND-CPSigner:Tran Luu Quang
Type:DecreeExpiry date:Updating
Issuing date:04/04/2024Effect status:
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Fields:Agriculture - Forestry

SUMMARY

Duration for maintenance of eligibility requirements by an aquatic breed production and nursery establishment

Decree No. 37/2024/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 26/2019/ND-CP dated March 8, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries is issued on April 04, 2024 by the Government. To be specific:

1. New provisions on duration for maintenance of eligibility requirements by an aquatic breed production and nursery establishment:

- The duration for maintenance of eligibility requirements by an aquatic breed production and nursery establishment is 12 months. In the case where the establishment has been granted with the certificate of conformity by the conformity assessment organization in accordance with the law provisions, the duration for maintenance of eligibility requirements is 24 months;

- The inspection for maintenance of eligibility requirements shall be carried out within a maximum period of 90 days from the end of the 12-month period and 180 days from the end of the 24-month period. The 12-month and 24-month periods shall be counted from the date the establishment is first certified as eligible or the date of the previous maintenance inspection under regulations.

- The inspecting authority shall notify the establishment of the time for inspection of maintenance of eligibility requirements 05 days in advance. The inspection of maintenance of eligibility requirements shall follow contents specified in the Form No. 03.NT provided in Appendix III to this Decree. After 05 working days from the end of inspection, the inspecting authority shall notify the inspected establishment of inspection results and duration for maintenance of eligibility requirements.

- During the duration for maintenance of eligibility requirements, if the establishment does not wish to maintain eligibility requirements under regulations, it shall notify the competent authority specified in Clause 1 of this Article for revocation of certificate of eligibility for aquatic breed production and nursery, and publish a notification thereof on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development

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

This Decree takes effect from May 19, 2024.

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THE GOVERNMENT
________________________

No. 37/2024/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
____________________

Hanoi, April 4, 2024

DECREE

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

_______________

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

Pursuant to the Law on Fisheries dated November 21, 2017;

At the request 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 dated March 8, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries.

 

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 26/2019/ND-CP dated 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 and shelter from storms, including: infrastructure facilities and logistics establishments of the storm shelter, and anchorage waters, channels to the storm shelter and administrative zones.

a) Infrastructure facilities of the storm shelter include dykes; breakwaters; channels; anchorages (piers, mooring buoys, mooring chains and anchor blocks); system of buoys, markers and signs; lighting system; and communication system.

b) Logistics establishments of the storm shelter include establishments providing minimum essential services (freshwater, food, communication information, health, supplies, minor repairs, rescue and incident response) for fishermen and fishing vessels to meet urgent requirements and respond to accidents.

c) Anchorage waters mean water areas in front of the pier, water areas for fishing vessels to anchor, channels to anchorage areas and water areas intended for provision of logistics services.

d) Channels to the storm shelter mean the channels which connect water areas where vessels are operating with anchorage waters.

dd) Administrative zones include infrastructure facilities and equipment serving management and operation of activities of the storm shelter (accommodation, management, security; internal road system; electricity, water, wastewater treatment, fire prevention and fighting; and equipment).

17. Large fishery center means an area associated with fishing grounds that has advantages in economics, society, resources, raw material sources, technical infrastructure; has its own boundaries and operational regulations; acts as a focal point for production, trade and fishing logistics services in a continuous and interconnected manner to reduce costs and enhance competitiveness, including special functional zones and dedicated establishments.

a) Special functional zones include areas intended for processing of fishery products; repair and manufacture of fishing gears, shipbuilding and provision of machinery and equipment for fishing vessels, maritime equipment and communication information; storm shelters; fishing vessel registries; local fishery resource surveillance authorities, piers where fishery patrol vessels anchor; rescue centers.

b) Dedicated establishments include research and training institutions, financial centers and exhibition and fair centers which serve fishing activities.

18. Bycatch of endangered, precious and rare aquatic species means that endangered, precious and rare aquatic species are captured or injured or killed due to the unintentional capture by humans.

19. Recreational fishing means fishing activities for fun, entertainment, leisure, and experience.

20. Vessel tracking equipment supplier means a unit publicly announced by the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development in accordance with regulations.

21. Vessel serving aquaculture, marine protection and co-management in aquatic resource protection means a floating vessel with or without an engine used to serve aquaculture, marine protection and co-management in aquatic resource protection. This vessel shall be registered and inspected in accordance with regulations applicable to a fishing vessel.

22. Offshore zone includes 06 areas:

a) Area 1 is the area north of latitude 17°00'N

b) Area 2 is the area situated from latitude 14°00’N to latitude 17°00’N.

c) Area 3 is the area situated from latitude 10°00’N to latitude 14°00’N.

d) Area 4 is the area south of latitude 10°00’N and east of longitude 108°00’E.

dd) Area 5 is the area south of latitude 10°00’N, situated from longitude 105°00’E to longitude 108°00’E.

e) Area 6 is the area west of longitude 105°00’E”.

23. Provincial-level state management agencies in charge of fisheries mean branches assigned to perform state management of fisheries and fisheries resources surveillance, or provincial-level Departments of Agriculture and Rural Development (for localities where fisheries branches have not been established yet).”

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

“9. In case of natural disasters or epidemics, if it is impossible to carry out on-site inspection and assessment to grant licenses, certificates and written approvals, and inspection of maintenance of eligibility requirements:

a) The competent authority shall perform online assessment when requirements for resources and technical means are satisfied; The establishment shall provide relevant physical or electronic dossiers and documents for the inspecting authority; or suspend or extend licenses, certificates, written approvals, and the duration for inspection of maintenance of eligibility requirements;

b) Each organization or individual engaged in production, trade and assessment of conformity shall be responsible to the law for the accuracy of information, documents, photos and dossiers provided for the license-issuing agency. The on-site assessment shall be carried out after localities have controlled natural disasters and epidemics in accordance with the law provisions. Any organization or individual that commits violations against the law provisions must have its license immediately revoked and be sanctioned in accordance with the law provisions.

c) The Ministry of Agriculture and Rural Development shall provide professional and technical guidance on implementation of measures in necessary cases 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 from exploiting endangered, precious and rare aquatic species classified into Group I, except for the cases where such species are exploited for the purpose of conservation, scientific research, research for creation of original breeds or international cooperation.

2. Endangered, precious and rare aquatic species classified into Group II may be exploited when the conditions specified in Part II, Appendix II hereof are satisfied.

3. For organizations and individuals engaged in exploitation of endangered, precious and rare aquatic species classified into Group I or Group II for conservation, scientific research, research for creation of original breeds, or international cooperation, if they do not satisfy the conditions specified in Part II, Appendix II hereof, they must obtain written approval of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development and comply with the law provisions on access to genetic resources.

4. Organizations or individuals conducting research for creation of original breeds or producing breeds of endangered, precious and rare aquatic species must release at least 0.1% of the total aquatic animals produced annually into suitable natural waters. The procedures for release of breeding aquatic animals for regenerating endangered, precious and rare aquatic resources shall be carried out as follows:

a) Each organization or individual shall send a report on the preceding year's production of breeds and a plan for regenerating endangered, precious and rare aquatic resources of the current year to the state management agency in charge of fisheries of the province where it is headquartered before January 30 every year by email or in person.

b) 07 days before the release of breeding aquatic animals for regenerating aquatic resources, each organization or individual shall send a written notification to the provincial-level state management agency in charge of fisheries by email or in person for cooperation.

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

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

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

c) Parts of dead aquatic animals or dead aquatic animals that cannot be handed over as specified at Point b of this Clause, or aquatic animals that are confirmed as diseased or likely to cause dangerous epidemics must be promptly destroyed in accordance with the current laws on animal health, environmental protection and animal and plant quarantine.

6. The procedures for rescuing endangered, precious and rare aquatic species that are wounded or stranded shall be carried out as follows:

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

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

c) Aquatic species rescue establishments receiving endangered, precious and rare aquatic species shall make a handover record according to the Form No. 09.BT provided in Appendix I to this Decree.

7. Aquatic species rescue establishments shall:

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

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

8. In the case where dead endangered, precious and rare aquatic species are not stored, preserved or used for research, dissemination or education purpose, provincial-level state management agencies in charge of fisheries shall coordinate with district-level administrations in disposing them in conformity with local practices and the law provisions on animal health, environmental protection, animal and plant quarantine.

9. During the process of fishing, any organization or individual that detects or unintentionally captures endangered, precious or rare aquatic species shall be responsible for recording their information on a fishing logbook, assessing their health status and handling them as follows:

a) If the species remain alive, they shall be released into the fishing area.

b) If the species are injured, they shall be rescued according to rescue procedures specified in Clause 6 of this Article.

c) If the species are injured to such an extent that it is impossible to cure them or dead, regulations in Clause 8 of this Article shall be applied.”

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) Floating buoys to mark boundaries of maritime zones;

b) Conducting surveys and scientific research after obtaining approval of competent state agencies under the supervision by the management boards of marine protected areas or organizations assigned to manage marine protected areas;

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

d) Patrol, inspection, control and handling of violations;

dd) Monitoring and supervision of natural resources, environment and archaeology;

e) Incident response at sea, rescue of endangered, precious or rare species, preservation of marine ecosystem.

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

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

b) Restoring and reproducing aquatic animal and plant species and marine ecosystems after obtaining approval of competent state agencies under the guidance and supervision by the management boards of marine protected areas or organizations assigned to manage marine protected areas;

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

d) Innocent passage of fishing vessels, seagoing ships and other watercraft without stopping or anchoring, except for force majeure.

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

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

b) Aquaculture and fishing;

c) Organizing service and eco-tourism activities;

d) Building infrastructure facilities serving the operation of the management boards of marine protected areas or organizations assigned to manage marine protected areas; 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) Building infrastructure facilities serving socio-economic development without causing harms to other subdivisions and ecosystems in marine protected areas.

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

5. To amend and supplement Article 11 as follows:

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

“a) To carry out investigations, surveys, researches and application of science and technology and international cooperation in marine protection within its scope of management;”

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

“dd) While performing their duties within marine protected areas, civil servants and public employees of the management boards of marine protected areas or organizations assigned to manage marine protected areas may make records of fisheries-related administrative violations, handle violations or refer them to competent persons for handling in accordance with the law provisions;”

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

“e) To cooperate in scientific research, restoration and reproduction of aquatic animals and plants, and natural ecosystems within marine protected areas in accordance with the law provisions; to cooperate in the fields of ecotourism, leisure and other services within marine protected areas in accordance with the law provisions;

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

“h) To organize and manage aquaculture and fishing activities in marine protected areas.”

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

“3. The management boards of marine protected areas shall exercise the rights to, and assume the responsibilities for, environmental management and protection, and conservation of nature and biodiversity in accordance with the law provisions.”

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 engaged in survey, scientific research, education and training activities in marine protected areas have the following obligations:

a) To send plans on survey, scientific research, education and training activities in marine protected areas to the management boards of marine protected areas or organizations assigned to manage marine protected areas 10 days before implementing them;

b) To carry out investigation, scientific research, education and training activities in accordance with the law provisions, regulations on management of marine protected areas, and under the guidance and supervision by the management boards of marine protected areas or organizations assigned to manage marine protected areas;

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

d) To pay service and supervision charges to the management boards of marine protected areas or organizations assigned to manage marine protected areas under regulations, except for investigation and scientific research activities.

2. Organizations and individuals engaged in aquaculture and eco-tourism service activities in marine protected areas have the following obligations:

a) To carry out eco-tourism, leisure and recreation activities under the master scheme on development of eco-tourism, leisure and recreation activities in marine protected areas approved by competent authorities;

b) To observe regulations on management of marine protected areas, regulations of the management boards of marine protected areas or organizations assigned to manage marine protected areas;

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

d) To disseminate the law provisions on environmental protection and biodiversity protection for tourists;

dd) To pay service charges to the management boards of marine protected areas or organizations assigned to manage marine protected areas under regulations;

e) Eligible organizations and individuals that have demands for aquaculture and fishing in marine protected areas shall register with the management boards of marine protected areas or organizations assigned to manage marine protected areas.

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

a) To observe regulations on management of marine protected areas, regulations of the management boards of marine protected areas 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 reproducing and restoring aquatic animal and plant species and marine ecosystems in marine protected areas.”

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

“b) Regular expenditures, including those for the operation of the management boards of marine protected areas or organizations assigned to manage marine protected areas; and other regular activities related to their management.”

8. To amend Point a Clause 1, Clause 6, Clause 7 and add Clause 8, Clause 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 shall grant, re-grant and revoke certificates of eligibility for, and inspect the maintenance of eligibility requirements for aquatic breed production or nursery for establishments engaged in parental aquatic breed production and nursery, and establishments engaged in both parental aquatic breed production and nursery and non-parental aquatic breed production and nursery;”

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

“6. Duration for maintenance of eligibility requirements

a) The duration for maintenance of eligibility requirements by an aquatic breed production and nursery establishment is 12 months. In the case where the establishment has been granted with the certificate of conformity by the conformity assessment organization in accordance with the law provisions, the duration for maintenance of eligibility requirements is 24 months.

b) The inspection for maintenance of eligibility requirements shall be carried out within a maximum period of 90 days from the end of the 12-month period and 180 days from the end of the 24-month period. The 12-month and 24-month periods shall be counted from the date the establishment is first certified as eligible or the date of the previous maintenance inspection under regulations.

c) The inspecting authority shall notify the establishment of the time for inspection of maintenance of eligibility requirements 05 days in advance. The inspection of maintenance of eligibility requirements shall follow contents specified in the Form No. 03.NT provided in Appendix III to this Decree. After 05 working days from the end of inspection, the inspecting authority shall notify the inspected establishment of inspection results and duration for maintenance of eligibility requirements.

d) During the duration for maintenance of eligibility requirements, if the establishment does not wish to maintain eligibility requirements under regulations, it shall notify the competent authority specified in Clause 1 of this Article for revocation of certificate of eligibility for aquatic breed production and nursery, and publish a notification thereof 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. Upon detecting that an establishment commits a violation in one of the cases specified in Clause 4, Article 25 of the Law on Fisheries, the competent authority shall handle as follows:

a) If the establishment fails to maintain eligibility requirements as specified in one of the Points a, b and d, Clause 1, Article 24 of the Law on Fisheries and Clause 1, Article 20 of this Decree, the competent authority shall impose sanctions against the violation and issue a decision on revocation of, or request another competent authority to revoke, the certificate of eligibility for aquatic breed production and nursery, and publish a notification thereof on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

b) If the establishment fails to maintain or maintains eligibility requirements specified at Point c, Clause 1, Article 24 of the Law on Fisheries and Clause 2, Article 20 of this Decree in an inadequate manner but is not capable of taking remedial measures, the competent authority shall impose sanctions against the violation and issue a decision on revocation of, or request another competent authority to revoke, the certificate of eligibility for aquatic breed production and nursery, and publish a notification thereof on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

c) If the establishment commits a violation against regulations at Point a or Point c, Clause 4, Article 25 of the Law on Fisheries, the competent authority shall take administrative actions against the violation as prescribed and issue a decision on revocation of, or request another competent authority to revoke, the certificate of eligibility for aquatic breed production and nursery, and publish a notification thereof 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. When participating in one, some or all stages of the aquatic breed production and nursery process that have declarations of applicable standards or declarations of their conformity with corresponding national technical regulations made by another establishment, the establishment granted with the certificate of eligibility for aquatic breed production and nursery shall:

a) Perform aquatic breed production and nursery activities in accordance with the conditions stated in the Certificate and obtain a written agreement between the two parties on subjects, quantity, announced applicable standards, and implementation time;

b) Fulfill the obligations as specified at Points b, c, dd, e, g and h, Clause 2, Article 26 of the Law on Fisheries; record and retain dossiers during the aquatic breed production and nursery process; and assign copies thereof to the establishment whose aquatic breeds have declarations of applicable standards or declarations of their conformity with corresponding national technical regulations made for the tracing purpose.

9. When performing aquatic breed production and nursery activities at another establishment granted with the certificate of eligibility, the establishment whose aquatic breeds have declarations of applicable standards or declarations of their conformity with corresponding national technical regulations made shall fulfill all obligations specified at Points a, d and g Clause 2, Article 26 of the Law on Fisheries, and retain dossiers during the production and nursery process.”

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

“c) A research plan approved by a competent state management agency (in the case where the aquatic species are imported for the purpose of scientific research).”

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

“b) Within 01 working day after issuing a decision recognizing aquatic breed experiment results, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall publicize the decision on its web portal.”

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

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

“b) Physical inspection of conditions of the establishment at the location where it produces aquatic feeds and aquaculture environment treatment products in accordance with Article 27 of this Decree and Article 32 of the Law on Fisheries;”

b) To amend Clause 6 and Clause 7, Article 28 as follows:

“6. Maintenance inspection time

a) The duration for maintenance of eligibility requirements by the establishment engaged in production of aquatic feeds and aquaculture environment treatment products is 12 months. In the case where the establishment has been granted with the certificate of conformity by the conformity assessment organization in accordance with the law provisions, its maintenance of eligibility requirements shall be inspected within 24 months.

b) The inspection for maintenance of eligibility requirements by the establishment shall be carried out within a maximum period of 90 days from the end of the 12-month period and 180 days from the end of the 24-month period. The 12-month and 24-month periods shall be counted from the date the establishment is first certified as eligible or the date of the previous maintenance inspection under regulations.

c) The inspecting authority shall notify the establishment of the time for inspection of maintenance of eligibility requirements 05 days in advance; the inspection of maintenance of eligibility requirements shall follow contents specified in Form No. 13.NT provided in Appendix III to this Decree. After 05 working days from the end of inspection, the inspecting authority shall notify the inspected establishment of inspection results and duration for maintenance of eligibility requirements.

d) During the duration for maintenance of eligibility requirements, if the establishment does not wish to maintain eligibility requirements under regulations, the establishment shall notify the competent authority specified in Clause 1 of this Article for revocation of the certificate of eligibility for production of aquatic feeds and aquaculture environment treatment products, and publish a notification thereof on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

7. Upon detecting that an establishment commits a violation in one of the cases specified in Clause 4, Article 34 of the Law on Fisheries, the competent authority shall handle as follows:

a) If the establishment fails to maintain eligibility requirements as specified in one of the Points a, b, d and e, Clause 1, Article 32 of the Law on Fisheries and Clauses 1 and 2 Article 27 of this Decree, the competent authority shall impose sanctions against the violation and issue a decision on revocation of, or request another competent authority to revoke, the certificate of eligibility for production of aquatic feeds and aquaculture environment treatment products, and publish a notification thereof on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

b) In case the establishment fails to maintain or maintains inadequately but is unable to overcome the conditions at Point dd, Clause 1, Article 32 of the Law on Fisheries and Clause 3, Article 27 of this Decree, the competent authority shall impose sanctions and issue a decision to revoke or request a competent authority to revoke the Certificate of eligibility for production of aquatic feed and aquaculture environmental remediation products and publicize it on the information page of the agency. State management agency for fisheries under the Ministry of Agriculture and Rural Development.

c) If the establishment commits a violation against regulations at Point a or Point c, Clause 4, Article 34 of the Law on Fisheries, the competent authority shall take administrative actions against such violation under regulations and issue a decision on revocation of, or request another competent authority to revoke the certificate of eligibility for, production of aquatic feeds and aquaculture environment treatment products, and publish a notification thereof 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. The following establishments are not required to obtain the certificate of eligibility for production of aquatic feeds: establishments engaged in production of aquatic feeds that are not subject to declaration of conformity; and initial production establishments (farming, breeding, aquaculture, harvesting and fishing establishments).”

12. To amend and supplement Article 29 as follows:

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

1. The authority in charge of inspecting quality of aquatic feeds and aquaculture environment treatment products is the Ministry of Agriculture and Rural Development.

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

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

4. Testing of aquatic feeds and aquaculture environment treatment products shall be carried out by testing laboratories designated by the Ministry of Agriculture and Rural Development or registered in accordance with the law provisions. In the case where a designated testing laboratory (in case of testing to serve state inspection activities) or registered testing laboratory (in case of testing to serve activities of organizations and individuals) for testing aquatic feeds and aquaculture environment treatment products is not available, the testing shall be carried out by a designated testing laboratory or registered testing laboratory in the fields of food, animal feeds, veterinary drugs, pesticides and fertilizers if such laboratory applies appropriate testing methods. In the case where no testing methods have been designated or agreed, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall decide on applicable testing methods.”

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 a trade fair or an exhibition in Vietnam (for feeds or products imported for display at trade fairs or exhibitions), fully stating the organization time, location, product information (name, main ingredients, usage, instructions for use and storage), quantity, volume, product handling plans at the end of trade fairs and exhibitions, and responsibilities of related parties;”

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

“4. In case of importing live aquatic animals for use as aquatic feeds:

a) Organizations and individuals are permitted to import aquatic species included in the List of aquatic species licensed for sale in Vietnam to use as aquatic feeds. In case of importing aquatic species for use as aquatic feeds which have not yet been included in the List of aquatic species licensed for sale in Vietnam, organizations and individuals shall conduct an aquatic species experiment in accordance with Article 26 of this Decree.

b) The order and procedures for importing aquatic species licensed for sale in Vietnam to use as aquatic feeds shall comply with Article 30 of this Decree.”

14. To amend and supplement Article 36 as follows:

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

1. The authority competent to grant certificates of registration of cage and pen aquaculture and main aquatic animals to be farmed are provincial-level state management agencies in charge of fisheries.

2. Cage aquaculture forms subject to registration include cage aquaculture, aquaculture on scaffolds, tidal flat containment, aquaculture at sea, rivers, lakes and natural lagoons.

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

a) A written request for registration, made according to the Form No. 26.NT provided in Appendix III to this Decree;

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

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

a) A written request for re-registration, made according to the Form No. 27.NT provided in Appendix III to this Decree;

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

c) A diagram of pond/cage positions certified by the establishment owner (in case of changing production scale); In case of change of the establishment owner, a document proving the change is required.

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

a) An aquaculture establishment owner 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 master plans, plans, programs, schemes and projects on local aquaculture development approved by competent authorities and other relevant regulations, appraise and consider issuing a certificate according to the Form No. 28.NT provided in Appendix III to this Decree. In case of refusal, a written response clearly stating the reasons must be provided.

6. Cage and pen aquaculture and main aquatic animals to be farmed shall be re-registered in one of the following cases: the certificate of registration is lost or torn; the establishment owner or production scale is changed; aquaculture subject is changed.

7. Revocation of certificates of registration of cage and pen aquaculture and main aquatic animals to be farmed

a) A certificate of registration of cage and pen aquaculture and main aquatic animals to be farmed shall be revoked in one of the following cases: the certificate contains erased or changed contents; or the certificate holder commits a violation that leads to revocation of the certificate;

b) Any authority that has the power to grant a certificate also has the power to revoke it.”

15. To amend and supplement Point b, Clause 3 and Clause 4; to add Point c Clause 5, Clause 6 and Clause 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 authority shall examine it, consult the state management agency in charge of natural resources and environment and related units, conduct a physical inspection (if necessary) at the proposed sea area, and consider granting a mariculture license, made according to the Form No. 31.NT provided in Appendix III to this Decree if the prescribed conditions are satisfied. In case of refusal, a written response clearly stating the reasons must be provided.”

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

“4. Re-grant and extension of mariculture licenses

a) Cases of re-grant and extension of a mariculture license: The mariculture license shall be considered for re-grant in the case where it is lost or damaged or has its information changed or added; or for extension in the case where it is still valid for at least 60 days.

b) A dossier for re-grant and extension of a mariculture license

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

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

A report on results of environment protection appraised by the competent authority according to regulations;

Certified copy of the decision to assign the sea area (in case of license extension);

A copy of document prepared by the competent authority which shows the changed or added information of the applicant (in case of re-grant of the license).

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

The applicant shall submit a dossier for re-grant or extension of a mariculture license to the competent authority specified in Clause 1 of this Article.

Within 15 working days after receiving a complete dossier, the competent authority shall consider re-granting/extending the license. In case of refusal, a written response clearly stating the reasons must be provided.”

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

“c) When detecting an establishment committing any of the violations specified at Point a of this Clause, the competent authority specified at Point b of this Clause shall issue a decision to revoke its mariculture license.”

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

“6. The validity period of a mariculture license shall not exceed the period specified in Clause 4, Article 44 of the Law on Fisheries. When the license expires, if the organization or individual wishes to continue to use sea areas for aquaculture, the period may be extended once or multiple times but total extension period shall not exceed 20 years.

7. In case of transfer of the right to use sea areas, the organization or individual hiring or receiving the right to use sea areas as capital contribution shall be responsible to the law for obligations to aquaculture and use of sea areas.

a) In the case where the transferee continues to carry out the aquaculture project of the transfer, the transferee shall change information in the mariculture license in accordance with Clause 4 of this Article;

b) In the case where the transferee fails to continue to carry out the aquaculture project of the transfer, the transferee shall follow procedures for granting the mariculture license in accordance with Clause 2 and Clause 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 wishing to apply for a mariculture license shall send a dossier to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

b) Within 90 days after receiving a complete dossier, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall appraise the dossier, organize a physical inspection at the location where the applicant is expected to carry out mariculture (if necessary); consult the Ministry of Agriculture and Rural Development, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, and Ministry of Natural Resources and Environment. The enquired authorities shall reply within 30 days from the date of receipt of documents that seek opinions. After the aforementioned deadline, if these authorities fail to reply in writing, it deems that they have agreed.

If such agencies agree with the grant of a mariculture license, within 05 working days, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall advise the Minister of Agriculture and Rural Development on granting a mariculture license, made according to the Form No. 31.NT provided in Appendix III to this Decree.

In the case where at least one opinion disagrees with the grant of a mariculture license to a foreign investor or foreign-invested economic organization, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall advise the Minister of Agriculture and Rural Development on reporting such to the Prime Minister for the latter’s 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 the Form No. 31.NT provided in Appendix III to this Decree. In case of refusal, a written response clearly stating the reasons must be provided.

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

a) Cases of re-grant or extension of a mariculture license: The mariculture license shall be considered for re-grant in the case where it is lost or damaged or has its information changed or added; or for extension in the case where it is still valid for at least 60 days.

b) A dossier for re-grant and extension of a mariculture license

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

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

A report on results of environment protection appraised by the competent authority according to regulations;

Certified copies of the decision to assign the sea area and the mariculture license (in case of license extension);

A copy of document prepared by the competent authority which shows the changed or added information of the applicant (in case of re-grant of the license).

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

An organization or individual shall send dossier to the competent authority as prescribed in Clause 1 of this Article.

Within 30 working days after receiving a complete dossier for re-grant or extension of a mariculture license, the competent authority shall consider re-granting/extending the license. In case of refusal, a written response clearly stating the reasons must be provided.

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

6. Revocation of a mariculture license:

a) The license shall be revoked in one of the following cases: the license’s contents are erased or changed or regulations specified in the license are not complied with;

b) The Ministry of Agriculture and Rural Development is competent to revoke and issue a Decision to revoke the license.

7. In case of transfer of the right to use sea areas for aquaculture, the organization or individual hiring or receiving the right to use sea areas as capital contribution shall be responsible to the law for obligations to aquaculture and use of sea areas.

a) In the case where the transferee continues to carry out the aquaculture project of the transfer, the transferee shall change information in the mariculture license in accordance with Clause 4 of this Article;

b) If the transferee fails to continue to carry out the aquaculture project of the transfer, the transferee shall follow procedures for granting the mariculture license in accordance with Clause 2 and Clause 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. An establishment breeding 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. An establishment growing or artificially propagating 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 apply for a certificate of eligibility 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. Marine fishing zones include:

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

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

c) Offshore area, which is delimited by the inshore fishing area and the outer boundary determined in accordance with 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) When transferring the right of ownership of fishing vessels among provinces and centrally-run cities, holders of offshore-fishing licenses shall ensure that the total quotas for offshore-fishing licenses assigned by the Ministry of Agriculture and Rural Development are not increased.

Conversion of fishing license quotas among industries in the total quotas assigned shall be decided by provincial-level People's Committees, ensuring that the local fishing industry will develop towards only conversion to the industry friendly to aquatic resources and comply with the law provisions.

b) Any transferee of right of ownership of fishing vessels shall comply with regulations on issuance of written approvals under Article 62 of the Law on Fisheries and Article 57 of this Decree and register fishing vessels according to regulations. Departments of Agriculture and Rural Development in provinces and centrally-run cities where transferors of right of ownership of fishing vessels are located shall notify conversion of offshore-fishing license quotas, made according to the Form No. 01A.KT provided in Appendix IV to this Decree, to those in provinces and centrally-run cities where transferees of right of ownership of fishing vessels are located after issuing written approvals according to regulations; fishing vessel registration agencies shall follow procedures for deregistering fishing vessels and register fishing vessels according to regulations.

5. Landlocked provinces and centrally-run cities shall review and determine the number of existing fishing vessels and their operation areas, and fishing licenses granted to fishing vessels with a length of from 06 meters to less than 15 meters before the effective date of this Decree, send reports to People's Committees of coastal provinces and centrally-run cities where fishing vessels operate for inclusion in quotas for fishing licenses in coastal areas and inshore areas of such provinces and centrally-run cities and cooperation in management of fishing vessels.

6. Fishing vessels with a length of at least 06 meters shall enter ports in order to load and unload products.”

20. To amend and supplement Article 44 as follows:

Article 44. Regulations on management of fishing vessel monitoring systems

1. Tracking equipment installed on a fishing vessel must satisfy the requirements in Appendix VII issued together with this Decree.

2. The fishing vessel monitoring software installed at the tracking equipment supplier shall meet the following requirements:

a) Being capable of connecting and receiving information and data from tracking equipment installed on the fishing vessel;

b) Ensuring continuous connection to transmit full information and data from tracking equipment installed on the fishing vessel to the monitoring data center under the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

c) Receiving information from the fishing vessel monitoring system in order to transmit it to tracking equipment installed on the fishing vessel according to the format prescribed by the monitoring data center under the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

d) Keeping data confidential in accordance with the law provisions.

3. Functions of fishing vessel monitoring system software at the monitoring data center under the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development:

a) The software must be compatible with Microsoft Windows, Android and IOS, and have an intuitive Vietnamese interface. The software must be able to manage all information of fishing vessels installed with tracking equipment; provide information to central government authorities and local authorities to manage, inspect and monitor activities of fishing vessels at sea and entry into and exit from ports; the revision to data on fishing vessels is prohibited;

b) The software must display vessel location in real time, time, speed, course, alarm signals, last data updating time, weather information, fishing ground information and status of the fishing vessel monitoring equipment, and send information to the monitoring equipment via the software at the monitoring equipment supplier; display main equipment according to the declared code enclosed with the fishing license and backup equipment;

c) The software must have the functions of accessing, searching, tabulating, reporting, and compiling data according to regulations of the Ministry of Agriculture and Rural Development on providing, managing and using data from the fishing vessel monitoring equipment, and creating areas to manage vessels and sending automatic warnings when vessels enter/exit the areas;

d) The software must connect and transmit information to the data center of the tracking equipment supplier; grant privileges to organizations and individuals entitled to use fishing vessel monitoring data;

dd) The software must clearly display coordinates of fishing zones, zones where fishing is prohibited, fishing ports, islands and archipelagos under Vietnamese sovereignty that have been delimited and Vietnam's historic waters.

4. Management of fishing vessel monitoring system

a) The state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall:

Unify management of the fishing vessel monitoring system and fishing vessel monitoring data nationwide, manage the system and grant rights to access and use fishing vessel monitoring data to local authorities, fishing port agencies and organizations designated and relevant forces that enforce laws on marine fisheries; directly handle fishing vessel monitoring data with regard to fishing vessels with a length of at least 24 meters.

Build and operate the fishing vessel monitoring system, and ensure that information and data are received and processed promptly; if detecting that the fishing vessel loses signal or has crossed the zone permitted for marine fisheries, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall send notification by one of the following forms: phone, email, or data to focal points receiving and processing fishing vessel monitoring information of Departments of Agriculture and Rural Development of coastal provinces and centrally-run cities, Vietnam Fisheries Surveillance, Vietnam Coast Guard, Vietnam Border Guard in order to organize inspection, control, settlement, consolidation and report according to regulations and rules on cooperation among units.

b) Departments of Agriculture and Development of coastal provinces and centrally-run cities shall manage and process fishing vessel monitoring data of such provinces and centrally-run cities; process monitoring data of vessels with a maximum length of from 15 meters to less than 24 meters; access fishing vessel tracking database to serve management of fishing vessels, traceability and handling of violations within their management. Provincial-level state management agencies in charge of fisheries of coastal provinces and centrally-run cities shall manage and process monitoring data on fishing vessels of such provinces and centrally-run cities and fishing vessels of other localities when they operate in waters within their management; access fishing vessel tracking database to serve management of fishing vessels, traceability and handling of violations within their jurisdiction.

c) Departments of Agriculture and Development of provinces and centrally-run cities, Vietnam Fisheries Surveillance, Vietnam Coast Guard, Vietnam Border Guard shall appoint focal points receiving fishing vessel tracking information and send information about such focal points to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development, and process data of the fishing vessel tracking system. They shall send reports on processing results to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development (via on-duty department operating fishing vessel tracking systems) by email or in writing for consolidation on a periodical (by 20th every month) or ad-hoc (if required) basis.

d) When installing tracking equipment on a fishing vessel, the vessel owner shall declare information about installation and activation of the fishing vessel tracking equipment according to the Form No. 01.KT provided in Appendix IV to the Decree; may provide fishing vessel tracking information of his/her vessel from the monitoring data center under the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development, and the monitoring data center under the tracking equipment supplier upon request.

dd) Provincial-level state management agencies in charge of fisheries shall manage and inspect the installation and activation of fishing vessel tracking services.

e) The vessel captain or owner must ensure that tracking equipment operates around the clock from the time the vessel leaves a port until it enters the port. In the case where the tracking equipment loses signal, the vessel captain or owner shall use another equipment that records the vessel location and report the location to the management agency at port when the vessel enters the port, and use another communication equipment and report the location of the vessel to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development and the provincial-level state management agency in charge of fisheries where the fishing vessel is registered (via on-duty department operating fishing vessel monitoring systems) with a frequency of every 6 hours and take the vessel to the port for repair within 10 days from the date on which the tracking equipment is broken down; the vessel captain or owner shall strictly comply with warnings given by the tracking equipment, and must not operate their fishing vessel crossing boundaries of zones permitted for marine fishing.

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

h) Vessel tracking data shall be used as a legal ground for managing operation of fishing vessels, sanctioning administrative violations, handling fisheries disputes, and giving confirmation or certification of aquatic products originating from fishing activities; providing benefits in the fishery sector.

5. Responsibilities of the fishing vessel tracking equipment supplier

a) Update and manage information about fishing vessels and their owners, codes of fishing vessel monitoring equipment and lead seal numbers, and automatically transmit such information to the monitoring data center under the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development; conduct inspection and take responsibility for the accuracy of information before updating it on the fishing vessel monitoring software of the fishing vessel tracking equipment supplier; notify the vessel owner of the expiration of the fishing vessel tracking equipment 30 days in advance; be prohibited from making disconnection without permission when the fishing vessel is operating at sea;

b) Install the tracking equipment at a fixed position in a part attached to the fishing vessel’s hull. There must be manual (the manual shall contain at least: 24/7 assistance telephone number and contact address of the fishing vessel tracking equipment supplier); the equipment shall be protected by fixing a lead seal on the vessel upon installation or after repair;

c) Promptly tackle equipment technical issues and provide information related to the equipment; cooperate in handling violations at the request of the competent authority; handle loss of signal of its monitoring equipment; send monitoring data that has not yet been submitted to the monitoring data center under the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development enclosed with a written certification in case of force majeure events;

d) Submit quarterly, biannual, annual or ad hoc reports on results of implementation to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development, Departments of Agriculture and Rural Development of provinces and cities where fishing vessels are registered, made according to the Form No. 01B.KT provided in Appendix IV to this Decree upon request;

dd) Before supplying the fishing vessel tracking equipment, send a written notification to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for consolidation and public disclosure on the web portal of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

e) Ensure data transmission connection from the equipment to the monitoring data center under the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;

g) Assume the responsibility in the case where the data cannot be transmitted from the equipment to the monitoring data center due to technical errors.

6. Data security:

a) Data stored in the server of the fishing vessel monitoring equipment supplier must refrain from being deleted or changed throughout the storage period according to regulations;

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

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

d) The fishing vessel monitoring equipment supplier shall be responsible for keeping data confidential and providing data in an accurate manner; only provide monitoring data upon request of state management agencies in charge of fisheries when obtaining approval from the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

7. Management, installation, dismantlement and replacement of tracking equipment

a) Provincial-level state management agencies in charge of fisheries shall establish and issue procedures for installation, dismantlement and replacement of fishing vessel tracking equipment and manage such installation, dismantlement and replacement,

b) Upon installation, dismantlement and replacement of fishing vessel tracking equipment, the vessel owner shall notify the local state management agency in charge of fisheries according to the Form No. 01.KT provided in Appendix IV to this Decree to serve inspection and verification according to regulations and request the tracking equipment supplier to update such installation, dismantlement and replacement to the database. In the case where the tracking equipment is broken down, before the equipment is dismantled, the provincial-level state management agency in charge of fisheries shall be notified to make a record of equipment status prior to dismantlement and replacement.

c) The tracking equipment installed on a fishing vessel must be protected by fixing a lead seal according to the form announced by the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development; each lead seal used for each equipment must have an independent number. A lead seal number of the supplier must include information (abbreviated name of the supplier and lead seal serial number). After installing equipment on the fishing vessel, the supplier must notify the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development and the provincial-level state management agency in charge of fisheries for inspecting the installation of equipment on the fishing vessel and update into the fishing vessel monitoring database.”

21. To amend and supplement Point b Clause 1, Clause 4, and Point b Clause 5; 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 fishing vessel safety certificate, for vessels subject to technical supervision and certification under regulations;

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

“4. The validity period of an initial fishing license shall 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 that any of the conditions specified in Clause 5, Article 50 of the Law on Fisheries is no longer satisfied, the competent agency shall issue a decision on revocation of the fishing license and notify such in the mass media.

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

“6. A fishing vessel may have 01 secondary vocation, except for trawling and fishing logistics. A fishing logistics vessel must not have any other vocation.”

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

“Article 45a. Supervisors on Vietnamese fishing vessels operating within Vietnam’s waters

1. A supervisor on a Vietnamese fishing vessel shall satisfy the following conditions:

a) Being a Vietnamese citizen;

b) Attaining fitness and possessing skills to work on the fishing vessel for a long term at sea;

c) Completing refresher training or training courses in supervision of fishing activities.

2. A supervisor has the following rights and responsibilities:

a) Being enabled to work, eat and rest during working period;

b) Being provided with travel expenses, per diem, salary, allowances, insurance and other benefits and expenses according to applicable regulations in the case where he/she is appointed by the state agency; being paid for expenses according to the contract in the case where he/she is hired to perform supervision tasks on the fishing vessel;

c) Accessing and using facilities and equipment of the vessel which are necessary to perform tasks;

d) Accessing to the vessel's dossiers, including the fishing vessel registration certificate, fishing vessel safety certificate, fishing license, crew directory book, fishing logbook and other relevant documents;

dd) Accessing marine equipment, nautical charts, radios, echo sounders, fish-finders, radar, communication equipment and other equipment; approaching the deck during the period on which fishing gears are dropped and packed up and accessing aquatic specimens for collection and sampling;

e) Being supplied with medical and sanitary equipment; food and accommodation that meet standards applied to crew members working on the fishing vessel;

g) Attending refresher training and training courses in supervision tasks performed by supervisors on the fishing vessel;

h) Carrying out tasks under the contract or as assigned by the state agency;

i) Following code of conduct and complying with regulations on security of information related to activities of the fishing vessel, crew members, vessel owner and collected data and information;

k) Ensuring independence, objectivity and fairness upon performance of supervisions tasks on the fishing vessel;

l) Regularly discussing relevant issues and tasks with the vessel captain.

3. A vessel owner and captain have the flowing rights:

a) Being notified at least 07 days in advance of the allocation of supervisors working on the fishing vessel for the upcoming trip in the case where these supervisors are appointed by the state agency; being informed about the rights and obligations to implementation of the supervisory program on the fishing vessel;

b) Requesting supervisors to comply with the vessel’s general rules and the law provisions;

c) The vessel captain may consider and comment about reports submitted by supervisors and has the right to provide additional opinions and information on such reports.

4. A vessel owner and captain have the following responsibilities:

a) Receiving, allocating working, eating and resting places to and enable supervisors appointed by the state agency to work on the fishing vessel according to the Plan to carry out the supervisory program approved by the Ministry of Agriculture and Rural Development; notify in writing the local state management agency in charge of fisheries of assignment of supervisors on the fishing vessel before signature of contracts with supervisors for monitoring and management;

b) Assigning a crew member to accompany the supervisor when he/she performs tasks in dangerous areas;

c) Informing sailors about the time when supervisors are on board and disseminating their rights and responsibilities when these supervisors perform their tasks on the fishing vessel;

d) Assisting supervisors in embarking and disembarking safely at the notified or agreed location and time;

dd) Notifying supervisors for at least fifteen minutes before casting and hauling in the net;

e) Allowing and assisting supervisors to access full dossiers of the fishing vessel, including the fishing vessel registration certificate, fishing vessel safety certificate, fishing license, crew directory book and fishing logbook in order to conduct inspection and record information about the fishing vessel and trip;

g) Allowing supervisors to access fishing space and products, marine equipment, nautical charts, communication and information equipment, and other fishing equipment and information in order to enable these supervisors to collect science data, samples and record other relevant information;

h) It is prohibited to threaten, interfere, or bribe to affect the performance of supervisory duties by supervisors;

i) Paying funds under contracts signed with supervisors or paying some expenses for implementation of the supervisory program approved by the Ministry of Agriculture and Rural Development.

5. The Ministry of Agriculture and Rural Development shall develop a program framework and provide training and refresher training for supervisors; develop and organize implementation of the supervisory program on an annual basis or by each period according to regulatory requirements or requirements imposed by the import market. The program shall contain the basic contents, including objectives, implementation contents (fishery industry to be supervised, trip number, supervision areas), products delivered and implementation funding.”

23. To amend and supplement Article 46 as follows:

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

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

a) The fishing vessel with the maximum length of 15 meters or more must be installed with a tracking equipment capable of automatically transmitting information and data through the satellite communications system, and refrain from conducting illegal fishing;

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

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

a) Having International Maritime Organization (IMO) number according to regulations in the case where the fishing vessel operates in maritime zones under the management of the regional fishery organization or maritime zones of another country or territory upon request;

b) Having supervisors in accordance with regulations of a regional fisheries management organization or coastal country;

c) Crew members and workers on board the 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, for the grant of licenses for fishing in maritime zones under the management of regional fisheries management organizations.”

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

4. Procedures:

a) The applicant for/requester for grant, re-grant, or extension of, a license for fisheries activities in maritime zones of Vietnam 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 submit a list of crew members and workers on board the vessel to the Ministry of Agriculture and Rural Development for collecting opinions thereon from the Ministry of Public Security and the Ministry of National Defense. Within 10 working days from the date of receipt of the written request for opinions, the Ministry of Public Security and the Ministry of National Defense shall reply in writing. Within 05 working days from the date of receipt of opinions from the Ministry of Public Security and the 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 fisheries activities of the foreign vessel in the maritime zones of Vietnam, made according to the Form No. 15.KT provided in Appendix IV to this Decree;

c) Within 05 working days after receiving a complete and valid dossier, the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall extend a license for fisheries activities of the foreign vessel in maritime zones of Vietnam, made according to the Form No. 16.KT provided in Appendix IV to this Decree;

d) After granting, re-granting or extending a license for fisheries activities of the foreign vessel in maritime zones of Vietnam, the Ministry of Agriculture and Rural Development shall notify the People's Committee of the province where there is the foreign vessel practicing fishing in the maritime zones of Vietnam, and the Ministry of Public Security, the Ministry of National Defense and the Ministry of Foreign Affairs for cooperation in monitoring and management;

dd) In case of refusal, a written response clearly stating the reasons must be provided.”

25. To amend and supplement Article 49 as follows:

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

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

2. Making declarations and complying with inspection, examination and control by functional forces in accordance with the law provisions.”

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 maintenance of fulfillment of eligibility requirements for fishing vessel building and renovation, 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 establishment is located;

b) Within 07 days from the receipt of a complete dossier, the provincial-level state management agency in charge of fisheries shall inspect and assess the fulfillment of eligibility requirements by the establishment according to the Form No. 03A.TC provided in Appendix V to this Decree; If the inspection and assessment show that the establishment fails to satisfy the eligibility requirements, such establishment shall take remedies; after taking remedies, send a written notice to the provincial-level state management agency in charge of fisheries for the latter to organize inspection (if necessary);

c) In the case where the establishment has a valid dossier and satisfies the eligibility requirements, within 03 working days after the inspection and assessment are completed, 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 the Form No. 04.TC provided in Appendix V to this Decree; In case of refusal, a written response clearly stating the reasons must be provided;

d) The duration for inspection for maintenance of eligibility requirements by the establishment engaged in fishing vessel building and renovation is 12 months. In the case where the establishment has been granted with the certificate of conformity by the conformity assessment organization in accordance with the law provisions, its maintenance of eligibility requirements shall be inspected within 24 months. The provincial-level state management agency in charge of fisheries shall notify the establishment of the time for inspection of maintenance of eligibility requirements at least 05 working days in advance; the inspection of maintenance of eligibility requirements for fishing vessel building and renovation shall follow contents specified in Form No. 03A.TC provided in Appendix V to this Decree. After 05 working days from the end of inspection, the inspecting agency shall notify the inspected establishment of inspection results and duration for maintenance of eligibility requirements.”

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

“Article 54a. Institutions providing training and refresher training for crew members working on fishing vessels

1. Conditions of an institution providing training and refresher training for crew members working on a fishing vessel

a) Being an institution having training and refresher training functions and established in accordance with the law provisions;

b) Having facilities, equipment and lecturers that meet requirements specified in Appendix XII issued together with this Decree;

c) Having training and refresher training programs and textbooks according to regulations; establishing and maintaining the application of a quality management system according to ISO 9001 or equivalent.

2. Rights and obligations of an institution providing training and refresher training for crew members working on a fishing vessel:

a) Collecting fees for training and refresher training according to regulations;

b) Sending a written notification, made according to the Form No. 04A.TC issued together with this Decree, to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for at least 30 days before the institution provides training and refresher training for crew members;

c) Ensuring that facilities, equipment and lecturers meet requirements according to regulations;

d) Giving training and refresher training for crew members 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 of technical supervision and certification establishments for fishing vessels

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

a) Being established under the competent agency’s decision (for public non-business technical supervision and certification 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 establishments and fishing vessel designers;

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

c) Signing fixed-term labor contracts of at least 12 months or indefinite contracts in accordance with the law provisions with technical supervision and certification officers, and each of whom must possess a university or higher degree in relevant techniques: hull, engine, electricity, fishing, refrigeration engineering or seafood processing; during the period of execution of contracts with the technical supervision and certification establishment, such officers must not sign fixed-term labor contracts of at least 03 months with other employers; there must be at least 01 grade-I technical supervision and certification officer and 02 grade-II technical supervision and certification officers;

d) Establishing and maintaining a quality management system in conformity with ISO 9001 standard or equivalent.

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

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

b) Signing fixed-term labor contracts of at least 12 months or indefinite contracts in accordance with the law provisions with technical supervision and certification officers, and each of whom must possess a university or higher degree in relevant techniques: hull, engine, electricity, fishing, refrigeration engineering or seafood processing; during the period of execution of contracts with the technical supervision and certification establishment, such officers must not sign fixed-term labor contracts of at least 03 months with other employers; there must be at least 02 grade-II technical supervision and certification officers.

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

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

b) Signing fixed-term labor contracts of at least 12 months or indefinite contracts in accordance with the law provisions with technical supervision and certification officers, and each of whom must possess a collegial or higher degree in relevant techniques: hull, engine, fishing; during the period of execution of contracts with the technical supervision and certification establishment, such officers must not sign fixed-term labor contracts of at least 03 months with other employers; there must be at least 01 grade-II technical supervision and certification officer.

c) Establishing and maintaining a quality management system in conformity with ISO 9001 standard or equivalent; or establishing procedures for technical inspection and supervision of fishing vessels in accordance with national technical regulations on classification and building of fishing vessels.”

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

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

3. Within 3 working days after receiving a complete and valid dossier, the provincial- state management agency in charge of fisheries shall, based on fishing license quotas and local criteria, appraise the dossier and consider granting a written approval, made according to the Form No. 06.TC provided in Appendix V to this Decree. In case of refusal, a written response clearly stating the reasons must be provided.

4. In case of granting a written approval to purchase a fishing vessel from another province or centrally-run city, there must be a written notification of conversion of offshore-fishing license quota given by the provincial-level Department of Agriculture and Rural Development of the locality where the organization or individual selling fishing vessels is located and in accordance with specific criteria laid down by the province.

5. Within 30 days from the date of completing documents for purchasing, selling, chartering bare-boats, importing, donating, inheriting, or winning auctions of fishing vessels, organizations and individuals shall carry out the procedures for grant of licenses at the agency competent to register fishing vessels according to regulations.”

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

“2. The dossiers specified at Points b, c, d and dd, Clause 1 of this Article shall be translated into Vietnamese. The dossiers specified at Point d, Clause 1 of this Article shall be consularly legalized in accordance with the law provisions.”

“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 make inspection and comparison with the applicable IUU vessel lists published by the Food and Agriculture Organization of the United Nations (FAO) and regional fisheries management organizations, compare the vessel registration certificate and the ensign to verify the origin of the fishing vessel (for used vessels), inspect the list of previous flag countries, name of the vessel, zones and aquatic species caught in the last two years (a copy of relevant fishing license is enclosed) and confirmation of the previous flag country that the vessel registration was not deregistered due to previous illegal fishing, and then consider granting the license to the organization or individual, made according to the Form No. 08.TC provided in Appendix V to this Decree. In case of refusal, a written response clearly stating the reasons must be provided;”

32. To amend and supplement Article 61 as follows:

“Article 61. Contents, order and procedures for announcement of opening, closing and designating fishing ports

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

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

b) Document on establishment of fishing port management organization;

c) Document showing the rights to use land and waters of the port;

d) A written record of pre-acceptance test and putting into use of the fishing port project (applicable to fishing ports completed after the effective date of this Decree);

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

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

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

b) Within 06 working days after receiving a complete dossier, the competent agency shall examine the dossier, conduct a physical survey at the fishing port (if necessary), and issue a decision to announce the opening of the fishing port, made according to the Form No. 10.TC provided in Appendix V to this Decree. In case of refusal, a written response clearly stating the reasons must be provided;

c) Within 02 days after issuing a decision on announcement of the opening of the fishing port, the competent agency shall announce it in the mass media.

3. Announcement of closure of a fishing port

a) The agency competent to announce the closure of a fishing port shall be the agency competent to announce the opening of the fishing port; issue a decision 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 the Form No. 11.TC provided in Appendix V to this Decree.

4. Designated fishing ports which offshore fishing vessels enter:

a) A designated fishing port which offshore fishing vessels enter must satisfy the following requirements: it has been opened in accordance with the law provisions; the channels to the port and waters in front of the pier must be deep enough for offshore fishing vessels to enter the port; there must be forces to control fishing vessels entering and leaving the port, and supervise the production of aquatic species handled through the port and IUU vessels;

b) Departments of Agriculture and Rural Development of provinces and centrally-run cities shall review (and carry out physical surveys of fishing ports, if necessary) and propose designated fishing ports which offshore fishing vessels enter according to the Form No. 11A.TC provided in Appendix V to this Decree and send reports to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for consolidation and submission to the Ministry of Agriculture and Rural Development to publish designated fishing ports. The list of designated fishing ports which offshore fishing vessels enter shall be published on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

5. Fishing ports designated to certify aquatic raw materials originating from fishing activities

a) A fishing port designated to certify aquatic raw materials originating from fishing activities shall meet the following requirements: it has been opened in accordance with the law provisions; there must be forces (at least 02 persons qualified for fishery and fishery-related database access computer systems) in charge of control of fishing vessels entering and leaving the port and supervision of production of aquatic species handled through the port and IUU vessels; if the designated fishing port violates regulations on certification of origin of aquatic raw materials or no longer meets the aforesaid requirements, it shall be removed from the list of designated fishing ports;

b) Departments of Agriculture and Rural Development of provinces and centrally-run cities shall review (and carry out physical surveys of fishing ports, if necessary), propose fishing ports eligible to certify aquatic raw materials and send reports to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for consolidation and submission to the Ministry of Agriculture and Rural Development to publish eligible fishing ports. The list of fishing ports eligible to certify aquatic raw materials shall be published on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development.

6. Designated fishing ports which foreign fishing vessels enter:

a) A designated fishing port which foreign fishing vessels enter shall meet the following requirements: it has been opened in accordance with the law provisions; the channels to the port and waters in front of the pier must be deep enough for foreign fishing vessels to enter the port; it is built in a location favorable for control of entry, exit, import and export of aquatic species by competent authorities;

b) Departments of Agriculture and Rural Development of provinces and centrally-run cities shall review designated fishing ports which foreign fishing vessels enter (and carry out physical surveys, if necessary) according to the Form No. 11B.TC provided in Appendix V to this Decree and send reports to the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development for consolidation and submission to the Ministry of Agriculture and Rural Development to publish designated fishing ports. The list of designated fishing ports which foreign fishing vessels enter shall be published on the website of the state management agency in charge of fisheries under the Ministry of Agriculture and Rural Development and sent to relevant organizations and individuals for management and monitoring.

7. Departments of Agriculture and Rural Development of provinces and centrally-run cities shall be responsible for management, direction, inspection and provision of guidance for organizations managing fishing ports within their provinces and cities on professional expertise, supervision of fishing vessels, production of aquatic species and quantity of goods handled through ports; inspection and handling of administrative violations in fishing ports in accordance with the law provisions; provision of guidance for organizations managing fishing ports for collection and receipt of fishing logbooks and reports and updating of fishing logbook data on the national database on fishing vessels according to regulations.”

33. To amend and supplement Article 66 as follows:

“Article 66. Purchase, sale, storage, pre-processing, processing, and transporting of aquatic species or aquatic products in the List of endangered, precious, and rare aquatic species

1. Organizations and individuals involved in pre-processing and processing of endangered, precious and rare aquatic species must satisfy the following requirements:

a) Specimens of endangered, precious and rare aquatic species must be of legal origin in accordance with the law provisions;

b) A record on pre-processing and processing of endangered, precious and rare aquatic species and products thereof must be made in order to serve inspection and management of endangered, precious and rare aquatic species at the request of the competent authority;

c) Finished products sold on the market must be labeled in accordance with the law provisions on goods labeling;

d) Regulations in Article 96 and Article 97 of the Law on Fisheries must be satisfied.

2. Aquatic species and products included in the List of endangered, precious and rare aquatic species shall be purchased, sold, stored and transported when regulations at Points a, c and d, Clause 1, this Article are satisfied.”

34. To amend and supplement Article 70 as follows:

 “Article 70. Supervision of foreign fishing vessels, vessels transporting or transshipping aquatic animals or products originating from fishing activities entering Vietnam's ports

1. Competence to publish 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 ports for foreign fishing vessels, vessels transporting or transshipping aquatic animals or products originating from fishing activities entering Vietnam's ports for import, temporary import, re-export, border-gate transfer or transit via the Vietnamese territory, and notify the Food and Agriculture Organization of the United Nations of the list of designated ports;

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 designated ports that allow the entry of foreign fishing vessels, vessels transporting or transshipping aquatic animals or products originating from fishing activities entering Vietnam's ports for import, temporary import, re-export, border-gate transfer or transit via the Vietnamese territory in the case where these ports fail to meet liability requirements applied to designated ports according to regulations of the Agreement on Port State Measures to prevent, deter and eliminate illegal, unreported and unregulated fishing under the provisions of the Food and Agriculture Organization of the United Nations.

2. Vessels subject to control:

Fishing logistic vessels that provide human resources, fuel, fishing gears and other equipment at the waters of foreign countries and enter ports for the use of services; foreign fishing vessels, vessels transporting or transshipping aquatic animals or products originating from fishing activities entering Vietnam's ports for import, temporary import, re-export, border-gate transfer or transit via the Vietnamese territory.

3. Giving notification before a vessel's entry into a port:

Any organization or individual that has a foreign vessel specified in Clause 2 Article 70 shall send a notification to a competent authority of the Ministry of Agriculture and Rural Development according to the Form No. 17.KT provided in Appendix IV to this Decree, enclosed with photocopies of documents specified at Point b, Clause 5 in person, by post or online (the national single-window system, online public service, e-software, email, fax) in English or Vietnamese language (original documents that are not written in English must be translated into English and the English translations must be notarized or authenticated according to regulations) 72 hours prior to its entry into a port.

4. Conducting inspections to decide to allow or refuse the vessel’s entry into the port:

Within 72 hours from the receipt of the notification, the competent authority of the Ministry of Agriculture and Rural Development shall inspect and verify information on whether the vessel is included in the list of IUU vessels or aquatic products of the fishing vessel and aquatic species and products thereof on board are included in CITES and decide to:

a) Allow the vessel to enter the port and notify the vessel owner or his/her legal representative, the Maritime Administration according to the Form No. 17A.KT provided in Appendix IV to this Decree if it does not engage in or support unreported, unregulated, illegal fishing;

b) Refuse the entry of the vessel and notify competent authorities at the port, and send notification to the flag State, neighboring coastal states, regional fisheries management organizations and relevant organizations in one of the following cases:

This vessel is included in the list of illegal fishing vessels published by neighboring coastal states, regional fisheries management organizations and relevant organizations;

There are requests from neighboring coastal states, regional fisheries management organizations and relevant international organizations.

5. Physical inspection on board upon its entry into the port:

a) Inspection principles: Ensure equality and transparency, ensure no discrimination and do not cause any trouble during the inspection; do not affect quality of aquatic products on board. Inspectors must be qualified and expert in law on fisheries and do not interfere in exchange of information between the vessel captain and competent authorities of the flag state according to international laws; if necessary, a representative of the flag state and international experts may be invited to join the inspection;

b) Documents to be presented to the inspecting authority: fishing vessel registration certificate; fishing license; transfer license, reports on transfer and information on the vessel engaged in the transfer (fishing license; transfer license; registration certification, declaration provided by the vessel captain); vessel's hold diagram; copy of license for import of aquatic species originating from fishing activities and included in CITES (in the case where there is any aquatic species included in CITES); other documents related to the information specified in the Form No. 17.KT provided in Appendix IV to this Decree.

6. Contents of physical inspection upon the vessel’s entry into the port:

a) Inspecting the accuracy of information declared in the Form No. 17.KT provided in Appendix IV to this Decree in comparison to dossiers stored on the vessel;

b) Inspecting volume and components of aquatic species and products thereof, fishing gears and relevant equipment on board in comparison to those declared in the Form No. 17.KT provided in Appendix IV to this Decree;

c) Comparing the declared volume and actual volume of goods loaded and unloaded at the port to finalize the record according to the Form No. 18.KT provided in Appendix IV to this Decree.

7. Procedures for physical inspection upon the vessel’s entry into the port:

a) The inspector presents documents showing official duties to the vessel captain;

b) Carrying out the inspection in accordance with Clause 6 of this Article and information specified in the Form No.17.KT provided in Appendix IV to this Decree;

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

d) Making inspection record according to the Form No. 18.KT provided in Appendix IV to this Decree;

dd) Notifying and processing inspection results in accordance with Clause 8 of this Article.

8. Notification and processing of physical inspection results upon the vessel’s entry into the port:

a) The competent authority of the Ministry of Agriculture and Rural Development shall refuse the unloading of aquatic species and products thereof into the port and request another competent authority to compel the vessel to leave Vietnam’s territory (except for force majeure due to humanitarian factors) and request (according to the Form No. 17A.KT provided in Appendix IV to this Decree) this authority to refuse to provide services at the port, and at the same time notify inspection results and measures against violations to the flag state, the coastal state, the regional fisheries management organization, FAO, relevant international organizations and state of which the vessel captain of such fishing vessel is the citizen if one of the following cases occurs:

Imported aquatic species and products thereof are caught by the vessel without the license or with the invalid license according to regulations of the flag state or the competent coastal state;

Imported aquatic species and products thereof are transported or transshipped by the vessel without the license or with the invalid license according to regulations of the flag state or the competent coastal state;

Imported aquatic species and products thereof are caught by the vessel without the license or with the invalid license within the water area under the jurisdiction of the regional fisheries management organization;

Imported aquatic species and products thereof are transported or transshipped by the vessel without the license or with the invalid license within the water area under the jurisdiction of the regional fisheries management organization;

There is evidence that imported aquatic species and products thereof are exploited in excess of the quota permitted by the competent coastal state or the regional fisheries management organization;

There is evidence that imported aquatic species and products thereof are caught against regulations of the competent coastal state or those on management and preservation measures within the water area under the jurisdiction of the regional fisheries management organization or evidence that the vessel engages in illegal fishing or supports illegal fishing in accordance with Article 60 of the Law on Fisheries;

Imported aquatic species and products thereof are caught by the vessel included in the list of IUU vessels published by the flag state or the competent coastal state or the regional fisheries management organization.

b) The inspection record according to the Form No. 18.KT provided Appendix IV to this Decree is made into 02 copies, each of which is kept by the vessel captain and the inspecting authority.

c) The competent authority under the Ministry of Agriculture and Rural Development shall:

Withdraw the decision to refuse the uploading of aquatic species and products thereof into the port or the request for refusal to provide services at the port by the Maritime Administration when there is evidence that the findings mentioned at Point a of this Clause are based on insufficient or inaccurate grounds or these grounds are no longer applied.

Notify the vessel owner or the legal representative of the vessel, state management authorities at the port, the flag state, the coastal state, the regional fisheries management organization, FAO, relevant international organizations and state of which the vessel captain of such fishing vessel is the citizen of this withdrawal.

9. After custom clearance is granted, in case of receipt of the notification of aquatic species and products thereof caught against IUU Regulation from the flag state, the coastal state, the regional fisheries management organization, FAO, relevant international organizations, the competent authority shall handle administrative violations against regulations on fisheries in accordance with the law provisions.

10. Standards and rights of an inspector:

a) Standards of an inspector

The inspector must be a civil servant or public employee working at the competent authority under the Ministry of Agriculture and Rural Development and assigned to control the foreign fishing vessel and vessel transporting aquatic species and products originating from fishing activities entering Vietnam's port; he/she must be qualified and expert in law on fisheries and regulations of the Agreement on Port State Measures and possess inspection skills upon request.

b) Rights of an inspector

Requesting the vessel captain, crew members, the goods owner and the ship agent to provide documents according to regulations;

Collecting documents and evidence related to the vessel, aquatic species and products thereof on board to serve the inspection;

Boarding the vessel and inspecting its areas related to information to be inspected; accessing the vessel monitoring system (VMS) and the automatic identification system (AIS) of the vessel (if any), fishing gears, hold diagram and other relevant equipment on board;

Attending refresher training and training courses on inspection according to the Agreement on Port State Measures;

Exchanging information with presiding agencies of the flag state and other states, the regional fisheries management organization and relevant international organizations in order to verify information about the vessel, aquatic species and products thereof on board;

Requesting the national presiding agency to invite the representative of the flag state and international experts to join the inspection if necessary; proposing establishment of an interdisciplinary inspectorate or hiring of interpreters (if necessary);

Making request for suspension of loading and uploading or requiring port management authorities to stop providing services at the port.

11. Responsibilities of an inspector: Ensuring that the inspection is carried out according to the principles specified at Point a, Clause 5 of this Article.”

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

70a. Control of imported aquatic species and products originating from fishing activities transported by container vessels to Vietnam

1. 48 hours before the shipment arrives at the port, an organization or individual importing aquatic species and products originating from fishing activities into Vietnam and transporting them by a container vessel shall make declaration and send a dossier to the competent authority of the Ministry of Agriculture and Rural Development to carry out appraisal and verify that the origin of imported aquatic raw materials does not violate IUU Regulation and serve examination and inspection in person, by post or online (the national single-window system, online public service, e-software, email, fax). A dossier must comprise:

a) Information on the shipment according to the Form No. 17B.KT provided in Appendix IV to this Decree;

b) A copy of bill of lading with regard to imported aquatic species and products originating from overseas fishing activities;

c) Certificate of origin of aquatic species originating from fishing activities granted by a competent authority of the exporting country to the shipment, or document confirming or certifying that aquatic species originating from fishing activities granted by a competent authority of the exporting country to the shipment.

d) In the case where the certificate or document specified at Point c of this Clause is not available, a copy of the fishing license of the vessel is required. Regarding shipments of Xiphias gladius and species subject to inspection under annual plans to inspect and control aquatic species and products originating from fishing activities that are imported, temporarily imported, re-exported, transferred and transited through Vietnamese territory by container vessels issued by the Ministry of Agriculture and Rural Development, a copy of the fishing license and the Captain’s statement of the fishing vessel are required. The Captain’s statement shall contain information about the fishing vessel of aquatic species and products thereof imported into Vietnam, including: name, registration number (IMO/international call sign/hull markings/registration number of RFMO (if any), the flag state, number of the fishing license, type of fishing gears, fishing time and location; date and time of first arrival and confirmation that aquatic species are caught according to applicable regulations and management and preservation measures. The Captain’s statement shall bear signature of the captain of the fishing vessel.

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

a) Consolidate information provided by the organization or individual to serve examination and inspection after import and related to IUU Regulation regard to container vessels carrying imported aquatic species and products thereof that are not subject to inspection under annual plans to inspect and control aquatic species and products originating from fishing activities that are imported, temporarily imported, re-exported, transferred and transited through Vietnamese territory by container vessels issued by the Ministry of Agriculture and Rural Development;

b) Organize the appraisal of declaration dossiers to confirm the origin of imported aquatic materials and products that does not violate IUU Regulation for each shipment of Xiphias gladius and species subject to inspection under annual plans to inspect and control aquatic species and products originating from fishing activities that are imported, temporarily imported, re-exported, transferred and transited through Vietnamese territory by container vessels issued by the Ministry of Agriculture and Rural Development. The appraisal contents shall include: Checking the validity and legality of the information and declaration dossiers submitted by the goods owner in accordance with Clause 1 of this Article; checking and comparing with the fishing quota of each country, fishing area and species allowed to catch according to regulations.

In the case where the information and dossiers are satisfactory, the competent authority of the Ministry of Agriculture and Rural Development shall send a notification to the goods owner within 48 hours after receiving a complete and valid dossier and the customs authority at the checkpoint for cooperation in completion of import clearance procedures according to the Form No. 17C.KT provided in Appendix IV to this Decree;

In the case where it is suspected that imported aquatic species are caught and transferred against IUU Regulation according to the declared information and application upon import, the competent authority under Ministry of Agriculture and Rural Development shall notify the goods owner and appoint inspectors meeting standards specified in Clause 10, Article 70 to cooperate with the customs authority at the checkpoint to conduct a physical inspection of aquatic products on board the container vessel and complete the inspection record according to the Form No. 17D.KT provided in Appendix IV to this Decree. In the case where species components cannot be determined, the sampling shall be conducted to serve inspection:

Handling of inspection results:

According to the inspection results, in the case where it is detected that imported aquatic species and products are caught by the vessel included in the list of IUU vessels published by the flag state or the competent coastal state or the regional fisheries management organization; or caught, transported or transferred by the vessel without the license or with the invalid license according to regulations of the flag state or the competent coastal state; or caught, transported or transferred by the vessel without the license or with the invalid license within the water area of the regional fisheries management organization; or there is evidence that aquatic species and products are caught in excess of the quota permitted by the competent coastal state or the regional fisheries management organization or caught against regulations of the competent coastal state or regulations on management and preservation measures within the water area under the jurisdiction of the regional fisheries management organization or the vessel engages in illegal fishing or supports illegal fishing in accordance with Article 60 of the Law on Fisheries, the competent authority shall notify the goods owner and the customs authority at the checkpoint to handle the shipment of aquatic species and products in accordance with the law provisions, made according to the Form No. 17C.KT provided in Appendix IV to this Decree.

In the case where the inspection results are satisfactory, the competent authority shall notify the goods owner and the customs authority in order to follow procedures for clearance of the imported shipments according to regulations.

3. In the case where aquatic species and products transported by the container vessel are caught against IUU Regulation as notified by the flag state or the competent coastal state or regional fisheries management organizations and relevant international organizations:

a) If the shipment has not entered the port, the competent authority under the Ministry of Agriculture and Rural Development shall cooperate with relevant agencies to prevent uploading and loading the shipment;

b) If the shipment has been unloaded at the port and is under customs control, the competent authority under the Ministry of Agriculture and Rural Development shall cooperate with relevant agencies in notifying importers for handling in accordance with the law provisions and mandatory re-export of the shipment;

c) If customs clearance has been granted to the shipment, regulations on imposition of administrative penalties in the fishery sector shall be applied.

4. In the case where the shipment of aquatic species and products shows signs of violations against IUU Regulation as notified by the flag state or the competent coastal state or regional fisheries management organizations and relevant international organizations or through inspection of received information:

a) If the shipment has not entered the port or has entered the port but customs clearance has not been granted to the shipment, the competent authority under the Ministry of Agriculture and Rural Development shall cooperate with relevant agencies to conduct inspection in accordance with Point b, Clause 2 of this Article. If violations are not found, the inspection results shall be sent to the goods owner to complete clearance procedures. If violations are found, the shipment shall be compulsorily re-exported and handled in accordance with the law provisions;

b) If customs clearance has been granted to the shipment, the competent authority under the Ministry of Agriculture and Rural Development shall cooperate with relevant agencies to carry out examination and inspection. If violations are found, the shipment shall be handled in accordance with the law provisions on handing administrative violations in the fishery sector.

5. It is required to handle inspection results after import related to IUU Regulation regard to container vessels carrying imported aquatic species and products that are not subject to inspection under annual plans to inspect and control aquatic species and products originating from fishing activities that are imported, temporarily imported, re-exported, transferred and transited through Vietnamese territory by container vessels issued by the Ministry of Agriculture and Rural Development in accordance with Point b, Clause 2 of this Article. The inspection record shall be made according to the Form No. 17D.KT provided in Appendix IV to this Decree.

6. According to the actual situation, the competent authority under the Ministry of Agriculture and Rural Development shall formulate and implement annual plans to inspect and control aquatic species and products originating from fishing activities that are imported, temporarily imported, re-exported, transferred and transited through Vietnamese territory by container vessels.”

36. To add Article 70b as follows:

 “Article 70b. Responsibilities of relevant agencies and organizations

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

a) Assume the prime responsibility for, and coordinate with relevant forces at ports in, controlling aquatic species originating from fishing activities;

b) Assume the prime responsibility for formulating a cooperative mechanism which serves exchange of information with coastal states on allowable quotas for aquatic species caught for the purpose of import into Vietnam.

c) Supervise the classification process at the storage warehouse for tuna species caught, transported, and transshipped by foreign vessels in accordance with Article 70 of this Decree; taking samples when there are suspicious signs or upon request; selecting enterprises to monitor, according to the practical requirements or randomly to serve management;

d) Take random control measures at import factories in order to ensure that the declared production and types are accurate and consistent with species quotas granted by the coastal state or the regional fisheries management organization.

2. A port operator shall:

a) Provide human resources, working places, means and equipment for competent state agencies to perform tasks according to regulations;

b) Submit a report to the competent authority under the Ministry of Agriculture and Rural Development on the actual production of goods loaded and unloaded at the port enclosed with detailed information on vehicle number, customer name, weighing date, weight of vehicle and goods, empty vehicle weight, goods weight and hold code immediately after loading and unloading.

3. Maritime administrations at ports shall appoint persons to participate in physical inspections on vessels at the request of the competent authority under the Ministry of Agriculture and Rural Development.

4. Captains, vessel owners, goods owners, and enterprises importing aquatic species and products originating from fishing activities shall comply with regulations on inspection and control, and provide information and documents as required by inspectors and inspectorates in accordance with the law provisions; goods owners shall provide relevant paper and documents to serve control and management by chain.

5. Organizations and individuals shall be responsible for complying with the law provisions when they inspect and control vessels, aquatic species and products originating from fishing activities and entering ports for the purposes of import, temporary import, re-export, transfer and transit through Vietnamese territory.

6. An importer shall:

a) Be responsible for reporting to the competent authority under the Ministry of Agriculture and Rural Development on the actual production and components of aquatic species imported after classification in comparison with the declared contents according to the Form No. 17.KT provided in Appendix IV to this Decree and submitting a copy of the customs declaration granted customs clearance within 60 days from the date of commencement of loading and unloading at the port;

b) Provide dossiers according to the information declared in the Form No. 17B provided in Appendix IV to this Decree to the competent authority under the Ministry of Agriculture and Rural Development for inspection and examination upon request in accordance with Clause 2, Article 70a;

c) Not mix imported aquatic materials originating from fishing activities with domestic aquatic materials originating from fishing activities in the same shipment exported;

d) Enable the competent authority under the Ministry of Agriculture and Rural Development to supervise the classification at the storage warehouse.

7. Provincial-level Departments of Agriculture and Rural Development shall be responsible for cooperating with the competent authority under the Ministry of Agriculture and Rural Development to carry out inspections of foreign vessels entering ports upon request.

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

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

“c) Compile documents on technical instructions in the fishery sector; set of monitoring and evaluation indicators for joint management in the protection and recovery of fisheries resources;

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

“i) Compile and issue technical procedures for handling fishing vessels that fail to maintain connection with tracking equipment and fishing vessels that pass beyond the boundary permitted for fishing at the sea;

k) Give public fishing logistics services, manage, operate and renovate fishing ports and storm shelters for fishing vessels in accordance with the Government’s regulations on commissioning, ordering and tendering for public goods and services funded by the state budget's regular expenditures;

l) Establish an organization to implement the supervisory program on fishing vessels; arrange funds to implement the supervisory program on fishing vessels; build a database of supervisors on fishing vessels and supervisor dossiers; carry out international cooperation, exchange supervisors, and share supervisor data in accordance with the law provisions;

m) Assume the prime responsibility for, and coordinate with the Ministry of Finance in, adopting measures for control of origin of aquatic species and products imported into Vietnam; inspect and examine enterprises engaged in import of aquatic species and products into Vietnam;

n) Assume the prime responsibility for, and coordinate with relevant agencies in, formulating the plan to inspect and control aquatic species and products originating from fishing activities that are imported, temporarily imported, re-exported, transferred and transited through Vietnamese territory by container vessels in accordance with international standards in each period; promulgate procedures for inspecting and controlling such aquatic species and products (if necessary or as required by international organizations); develop software to receive information provided by organizations and individuals for control and management.”

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

“b) Direct the General Department of Customs not to grant customs clearance to shipments of aquatic species and products originating from illegal fishing; cooperate with the competent authority controlling aquatic species originating from fishing activities and imported into Vietnam under the Ministry of Agriculture and Rural Development to have solutions to control aquatic species originating from fishing activities and imported into Vietnam by container vessels.

Before the 25th of every month, the Ministry of Finance (General Department of Customs) shall provide information and documents on shipments of aquatic species originating from fishing activities and imported into Vietnamese territory for the competent authority controlling aquatic species originating from fishing activities and imported into Vietnam under the Ministry of Agriculture and Rural Development in order to serve monitoring, inspection and control of the origin. The information includes import time; number of customs declarations granted customs clearance; name of importing enterprise; name of exporting enterprise; exporting country, uploading port, loading port, volume of goods, components of species, code of goods and original currency value.”

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

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

b) Direct the Border Guard force to inspect aquatic species within the sea border and the field under its management in accordance with the law provisions; cooperate with specialized authorities at fishing ports in inspecting fishing vessels and crew members entering and leaving fishing ports and storm shelters in accordance with the law provisions;

c) Direct the Coast Guard force to inspect and handle fishing, aquaculture, purchase and sale, transport, collection and pre-processing of aquatic species and products within their areas, waters and fields in accordance with the law provisions;

d) 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 the law provisions;

dd) Cooperate with the Ministry of Agriculture and Rural Development in managing fishing vessels, crew members and people working on foreign fishing vessels within Vietnam’s waters and Vietnamese fishing vessels operating within waters.”

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

“c) Organize forces in charge of patrolling, controlling and handling violations against regulations on fisheries committed by fishing vessels, crew members and people working on foreign fishing vessels on waterways, within Vietnam’s waters and other waters in accordance with the law provisions.”

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

“8. Promulgate regulations on management of recreational fishing within their provinces.

9. Designate agencies and units to inspect and control fishing vessels at ports after there are decisions to open fishing ports. For fishing ports that have been opened, within 30 days from the effective date of this Decree, they shall designate agencies and units to inspect and control fishing vessels at ports.”

Article 2. Adding, replacing, and abolishing a number of words, phrases, points, clauses, and articles of the Government’s Decree No. 26/2019/ND-CP dated March 8, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries

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

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

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

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

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

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

7. To add the phrase “or the organization assigned to manage marine protected areas” after the phrase “the management board of marine protected 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; date of issuance: ….” after the phrase “Expiry date: ……” in the Form No. 03.KT provided in Appendix IV.

10. To replace the phrase “the 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" with the phrase "Pristidae" in No. 41 Appendix IX; to replace the phrase "Hippocampus keloggi" with the phrase “Hippocampus kelloggi” in No. 18, and the phrase “Weight of 500 grams per one or more” with the phrase Originating from aquaculture” in No. 58 in Appendix X.

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

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

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

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

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

17. To add Appendix XI. Minimum sizes of aquatic species allowed to be caught in natural water areas” with Appendix V issued together with this Decree.

18. To add Appendix XII. List of facilities and lecturers of institutions providing training and refresher training for crew members working on fishing vessels” with Appendix VI issued together with this Decree.

19. To add Appendix XIII. Requirements for tracking equipment installed on fishing vessels” with Appendix VII issued together with this Decree.

Article 3. Implementation provisions

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

2. Transitional provisions:

a) Any establishment engaged in pangasius aquaculture that has been granted a certificate of pangasius pond identification code according to regulations (applicable to pangasius aquaculture establishments with no changes compared to the issued contents) before the effective date of this Decree may not carry out the registration procedures for main aquatic animals to be farmed; The provincial-level state management agency in charge of fisheries shall make conversion and issue a certificate of registration of main aquatic animals to be farmed, made according to the Form No. 28.NT provided in Appendix III to Decree No. 26/2019/ND-CP, and send it to the establishment. In the case where the pangasius aquaculture establishment has a change compared to the contents stated in the certificate of pangasius pond identification code, the pangasius aquaculture establishment must carry out the registration procedures for main aquatic animals to be farmed in accordance with this Decree.

b) Any Vietnamese organization and individual, foreign investor, and foreign-invested economic organization engaged in aquaculture at the sea before the effective date of this Decree shall apply for a license in accordance with Decree No. 26/2019/ND-CP within 12 months from the effective date of this Decree.

c) Any institution providing training and refresher training for crew members working on fishing vessels that operates before the effective date of this Decree shall send a notification, made according to the 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) Any license, certificate, written certification, diploma or written approval in the fishery sector granted before the effective date of this Decree shall remain valid until its expiry date or it is re-granted according to regulations.

dd) Any dossier requesting for administrative procedures that has been submitted before the effective date of this Decree shall be processed according to applicable regulations at the time of submission of the dossier. In the case where the provisions of this Decree are more favorable for the applicant, the provisions of this Decree shall prevail.

e) For tracking equipment installed on a fishing vessel before the effective date of this Decree, the vessel owner shall update and add technical functions in accordance with this Decree before December 31, 2026.

 

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

TRAN LUU QUANG

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