Circular No. 01/2004/TT-BTS guides the implementation of Clause 1, Article 1 of Decree No. 80/2002/NĐ-CP dated October 15, 2002 of the Government on amending and supplementing certain articles of Decree No. 72/1998/NĐ-CP dated September 15, 1998 on ensuring safety for people and fishing vessels when operating at sea.

CIRCULAR

Guidelines for implementing Clause 1, Article 1 of Decree No. 80/2002/ND-CP dated October 15, 2002 of the Government on amending and supplementing certain articles of Decree No. 72/1998/ND-CP dated September 15, 1998 on ensuring safety for people and fishing vessels when operating at sea

Implementing Decree No. 80/2002/ND-CP dated October 15, 2002 of the Government on amending and supplementing certain articles of Decree No. 72/1998/ND-CP dated September 15, 1998 on ensuring safety for people and fishing vessels when operating at sea (hereinafter referred to as Decree No. 80/2002/ND-CP and Decree No. 72/1998/ND-CP), the Ministry of Fisheries guides the following specific points:

I. General Principles

The Ministry of Fisheries uniformly manages the work of inspecting fishing vessels, registering fishing vessels, and seafarers based on the division of responsibilities among localities.

The Fisheries Resource Exploitation and Protection Department and the Fisheries Resource Protection Branches have the responsibility to organize the implementation of the work of inspecting fishing vessels, registering fishing vessels, and seafarers nationwide according to Articles 12 and 13 of the Fishing Vessel Inspection, Registration, and Seafarer Regulation issued together with Decision No. 494/2001/QD-BTS dated June 15, 2001 (hereinafter referred to as the Fishing Vessel Inspection Regulation).

II. Guidelines for Organizing the Implementation of the Work of Inspecting Fishing Vessels, Registering Fishing Vessels, and Seafarers

A. On Inspecting Fishing Vessels:

The inspection and issuance of certificates of technical safety for fishing vessels (hereinafter referred to as inspection) shall be carried out according to the Fishing Vessel Inspection Regulation and the following guidelines:

1. Fishing vessels subject to inspection include:

Motorized fishing vessels with total main engine power of 20 horsepower or more.

Non-motorized fishing vessels or motorized fishing vessels with total main engine power under 20 horsepower but with designed waterline length of 15 meters or more.

2. Standards applied in the work of inspecting fishing vessels:

For fishing vessels with designed waterline length of 20 meters or less: The standards applied include Vietnam Standard TCVN 7111:2002 Classification and Construction Regulations for Small Coastal Fishing Vessels and current technical standards.

For fishing vessels with designed waterline length over 20 meters: The standards applied include Vietnam Standard TCVN 6718:2000 Classification and Construction Regulations for Coastal Fishing Vessels (vessels longer than 20 meters) and current standards.

3. The "Certificate of Technical Safety for Fishing Vessels" model and other documents used in the work of inspecting fishing vessels for vessels over 20 meters shall be announced and implemented nationwide by the Fisheries Resource Exploitation and Protection Department.

B. On Registering Fishing Vessels: The work of registering fishing vessels shall be implemented according to Chapters IV and V of the Fishing Vessel Inspection Regulation.

The Fisheries Resource Exploitation and Protection Department is tasked with researching and proposing improvements to the registration forms and procedures for fishing vessels to ensure management requirements and facilitate production.

C. On Registering Seafarers: The work of registering seafarers shall be implemented according to Chapter VI of the Fishing Vessel Inspection Regulation and amended as follows:

1. Point c, Clause 2, Article 32 of the Fishing Vessel Inspection Regulation is amended as follows:

"c) Must undergo basic training on knowledge when working at sea organized by the Fisheries Vocational Secondary School I, Fisheries Vocational Secondary School II, Fisheries University, and Fisheries Service Center for Technical Operation and Resource Protection (except those who have been formally trained at universities, secondary schools, and technical workers). The Cadre Organization Department will guide the content and regulations for training."

2. Point b, Clause 3, Article 32 of the Fishing Vessel Inspection Regulation is amended as follows:

"b) Professional qualification certificates appropriate to the positions specified on fishing vessels issued by competent state authorities (certified copies) or certificates of vocational training for working at sea issued by the organization mentioned in point c, Clause 2 of this Article."

III. Implementation Organization

1. The Fisheries Resource Exploitation and Protection Department is responsible for coordinating with the Vietnam Marine Inspection Agency under the Ministry of Transport to handle the transfer procedures for fishing vessels with designed length over 20 meters to the fisheries sector's management.

The transfer must be carried out specifically at each locality and vessel according to the principle of ensuring correct handover procedures to avoid errors while not causing inconvenience to production.

2. In the short term, the technical inspection of the group of vessels with designed waterline length over 20 meters shall be conducted as follows:

The Fisheries Resource Exploitation and Protection Department shall manage all vessels with designed waterline length over 20 meters.

For regular and periodic inspections: the next inspection period for vessels shall be based on the period set by the previous inspection authority.

For newly built or majorly repaired vessels: the fishing vessel inspection agency will take over after the supervising agency completes the supervision contracts signed.

3. The Fisheries Resource Exploitation and Protection Department is responsible for:

Coordinating with relevant units under the Ministries of Transport, National Defense, and related ministries and agencies to develop guiding documents covering all aspects of ensuring safety for people and fishing vessels as stipulated in Decree No. 72/1998/ND-CP and Decree No. 80/2002/ND-CP.

Studying and developing plans for organizing the work of inspecting fishing vessels, registering fishing vessels, and seafarers that align with new functions and tasks to submit to the Ministry for consideration and decision.

Studying and implementing technical standards applicable to fishing vessels over 20 meters in length to comply with national regulations and fit the actual production needs of the fisheries industry to submit to the Ministry for consideration and issuance.

Studying the regulations of the Vietnam Marine Inspection Agency under the Ministry of Transport regarding technical standards, document models, and fees for applying when conducting safety inspections on the group of fishing vessels with designed waterline length over 20 meters.

4. The Science, Technology, Planning-Finance, Cadre Organization, Collective Economy, and Private Economy Departments and related units according to their assigned functions shall support the Fisheries Resource Exploitation and Protection Department in completing its assigned tasks effectively.

5. The Departments of Fisheries, Departments of Agriculture and Rural Development (with fisheries management) of provinces and centrally governed cities shall be responsible for organizing the implementation of fishing vessel inspection work, fishing vessel registration, and crew registration in accordance with the relevant State regulations, the Ministry of Fisheries, and the guidance of the Directorate of Fisheries Resources Exploitation and Protection.

6. The Fishery Resources Protection Enforcement Agencies shall be responsible for coordinating with the Directorate of Fisheries Resources Exploitation and Protection in receiving fishing vessels with a designed waterline length over twenty meters at the local level; strictly implementing the provisions of the Fishing Vessel Inspection Regulations and the provisions of this Circular. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations that conflict with this Circular shall be abolished. In the course of implementation, if there are any difficulties, units must promptly report to the Ministry for consideration. Any amendments or supplements to this Circular shall be decided by the Minister of Fisheries.

In the course of implementation, if there are any difficulties, units must promptly report to the Ministry for consideration. Any amendments or supplements to this Circular shall be decided by the Minister of Fisheries.