Decision No. 01/2005/QD-BTS On the Issuance of the Regulations on the Operation of the Joint Fisheries Management Commission of the Gulf of Tonkin of Vietnam

DECISION OF THE MINISTER OF AQUATIC RESOURCES
Regarding the issuance of the Regulations on the Operation of the Joint Fisheries Management Committee
of the Beibu Gulf of Vietnam Gulf of Northern Vietnam

MINISTER OF AQUATIC RESOURCES

Pursuant to the Agreement on Cooperation in Fisheries in the Beibu Gulf between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on December 25, 2000;

Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Fisheries;

Pursuant to Decision No. 407/QĐ-BTS dated April 20, 2004 of the Minister of Fisheries on the establishment of the Joint Fisheries Management Committee of the Beibu Gulf of Vietnam;

At the proposal of the Chairman of the Joint Fisheries Management Committee of the Beibu Gulf of Vietnam,

 DECISION:

 Article 1. The attached Decision promulgates the "Regulations on the Operation of the Joint Fisheries Management Committee of the Beibu Gulf of Vietnam."

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Chairmen, official members, and other members of the Joint Fisheries Management Committee of the Beibu Gulf of Vietnam, Heads of units under the Ministry, Chiefs of the Beibu Gulf Fisheries Resource Exploitation and Protection Branch, are responsible for implementing this Decision./.

 

REGULATIONS ON THE OPERATION

 

OF THE JOINT FISHERIES MANAGEMENT COMMITTEE OF THE BEIBU GULF OF VIETNAM
(Attached to Decision No. 01/2005/QĐ-BTS dated January 14, 2005)

PART I

FUNCTIONS AND TASKS OF THE JOINT FISHERIES MANAGEMENT COMMITTEE

Article 1. The Joint Fisheries Management Committee of the Beibu Gulf of Vietnam (hereinafter referred to as the Joint Fisheries Management Committee) has the functions and tasks as specified in Article 13 of the Agreement on Cooperation in Fisheries in the Beibu Gulf between Vietnam and China (hereinafter referred to as the Agreement on Cooperation in Fisheries); Article 5 of the Supplementary Protocol to the Agreement on Cooperation in Fisheries; Articles 24 and 25 of the Regulations on the Conservation and Management of Fishery Resources in the Joint Fishing Zone of the Beibu Gulf, specifically as follows:

1. Organizing and directing the implementation of the Agreement on Cooperation in Fisheries;

2. Organizing regular meetings of the Joint Fisheries Management Committee of Vietnam and China according to the agreed schedule to discuss issues related to the conservation and sustainable exploitation of fishery resources in the Agreement waters, issues related to fisheries cooperation between the two countries, and other issues of mutual concern;

3. Reporting on the implementation of the Agreement on Cooperation in Fisheries to the Steering Committee of the Government and the Leaders of relevant Ministries;

4. Proposing to the Government on the supplementation, amendment of the Agreement, its Annexes, and the Supplementary Protocol to the Agreement, and other related issues;

5. Regularly determining the number of fishing vessels from each side participating in activities in the Joint Fishing Zone;

6. Monitoring security and defense inspections in the Agreement waters;
7. Directing the resolution of disputes related to fishing activities;

8. Monitoring maritime inspections carried out according to the "Project for Protecting the Sea Area and Supervising Fishing Activities in the Agreement Waters of the Beibu Gulf" of the Ministry of National Defense, approved by the Government.

Chapter II

ASSIGNMENT OF RESPONSIBILITIES IN THE JOINT FISHERIES MANAGEMENT COMMITTEE

Article 2. Members of the Joint Fisheries Management Committee have specific responsibilities as follows:

1. The Chairman of the Joint Fisheries Management Committee is responsible for:

a) Organizing and directing the activities of the Joint Fisheries Management Committee;

b) Being the spokesperson in regular meetings with the Chinese side;

c) Signing telegrams and regular exchange documents between the Joint Fisheries Management Committee of the Beibu Gulf (Vietnamese side) and the Chinese side;

d) Signing reports, telegrams, and guidance documents for the implementation of the Agreement on Cooperation in Fisheries;
e) Representing the Joint Fisheries Management Committee to sign telegrams and regular exchange documents between the Joint Fisheries Management Committees of the two countries;

2. The official member of the Joint Fisheries Management Committee representing the Ministry of National Defense is responsible for:
a) Acting as the Chairman of the Joint Fisheries Management Committee to chair meetings of the Committee (in the absence of the Chairman of the Joint Fisheries Management Committee);

b) Assisting the Chairman of the Joint Fisheries Management Committee in monitoring and inspecting fishing activities in the Agreement waters;

c) Directing the resolution of disputes related to fishing activities occurring in the buffer zone for small fishing vessels;

d) Directing maritime inspection forces to implement the "Project for Protecting the Sea Area and Supervising Fishing Activities in the Agreement Waters of the Beibu Gulf" of the Ministry of National Defense, approved by the Government;

3. The official member of the Joint Fisheries Management Committee representing the Coast Guard Bureau is responsible for:

a) Cooperating with Border Guards to handle violations and disputes related to fishing activities causing incidents and damages at sea within their functional scope;

b) Directing the compilation of the situation of maritime inspection forces, processing information within their jurisdiction, and implementing reporting procedures as prescribed;

4. The official member of the Joint Fisheries Management Committee representing the Ministry of Foreign Affairs is responsible for:
- Assisting the Chairman of the Joint Fisheries Management Committee on issues related to the functions and tasks of the Ministry of Foreign Affairs in implementing the Agreement on Cooperation in Fisheries.

5. The Standing Office of the Joint Fisheries Management Committee is responsible for:

a) Directing the receipt of information sources: reports from localities, Coast Guard, Border Guards, enforcement agencies, the Joint Fisheries Management Committee of the Chinese side... to compile the situation, propose solutions to related matters, and provide periodic and urgent reports to the Government Steering Committee and the Leaders of relevant Ministries;

b) Organizing a 24-hour duty system to receive information sources, violations, and arrests occurring at sea, to promptly report to leaders for resolution;

c) Monitoring and compiling a list of Vietnamese fishing vessels registered to operate in the Agreement waters, and issuing fishing permits for Vietnamese fishing vessels operating east of the boundary line in the area managed by China;

d) Preparing the agenda for regular and emergency meetings of the Joint Fisheries Management Committee.

Chapter III

REGULATIONS ON WORKING PROCEDURES OF THE JOINT FISHERIES MANAGEMENT COMMITTEE

Article 3. Meeting Procedures

1. Regular Meetings:

a) Each month, the official members and heads of the Standing Office of the Joint Fisheries Management Committee will hold a meeting once on the first Monday of the month;

b) Every quarter, the Joint Fisheries Management Committee will hold a full meeting once on the first day of the quarter;

c) Duration of the meeting: from 1/2 to 1 day;

- Venue: In the meeting room of the Fisheries Resource Exploitation and Protection Department;

- Agenda items:

- Assessment and evaluation of the work completed and unfinished by the Joint Fisheries Management Committee in the month, highlighting existing issues, causes;

- Assessment and evaluation of the implementation of the Fisheries Cooperation Agreement in localities, the operation of fishing vessels in the Agreement waters; inspection and control situation; violation and handling situations... existing issues, causes, and solutions;

- Each member of the Joint Fisheries Management Committee reports on assigned tasks according to their responsibilities;

- Issues that need to be raised for discussion in the Joint Fisheries Management Committee;

- Discussion on the implementation plan of the Joint Fisheries Management Committee;

- Matters requiring recommendations and guidance from the Government Steering Board and Leaders of relevant Ministries;

2. Emergency Meetings:

- In cases where urgent opinions of the members of the Joint Fisheries Management Committee are needed to resolve important matters, the Chairman of the Joint Fisheries Management Committee has the authority to convene extraordinary meetings;

- Notification of time, venue, and agenda of the meeting via invitation letters or telephone, fax, etc.;

Article 4. Reporting System

 

1. Regular Reports:

a) Monthly, after the Joint Fisheries Management Committee meeting, the Standing Office of the Joint Fisheries Management Committee will compile the implementation status of the Fisheries Cooperation Agreement, information from Joint Fisheries Management Committee members, and other sources to report to the Leaders of relevant Ministries;

b) Every three months, there will be a report to the Government Steering Board on the implementation status of the Fisheries Cooperation Agreement;

2. Ad hoc reports:

- The Joint Fisheries Management Committee will submit emergency reports in cases of urgent issues beyond its capacity to resolve, requiring policy direction and guidance from senior leaders;

Article 5. Working System

Based on the implementation status of the Fisheries Cooperation Agreement in the Gulf of Tonkin between Vietnam and China, and the proposals of the participating members of the Joint Fisheries Management Committee, the Chairman of the Joint Fisheries Management Committee will decide on the composition of the working delegation with the following contents:

a) Inspection of the activities of fishing vessels at sea;

b) Inspection of the implementation of the Agreement in localities;

c) Survey at some necessary locations for the implementation of the Agreement;

- Work with the Joint Committee or Chinese enforcement agencies to resolve urgent related matters;

Travel expenses are taken from the state budget allocated for implementing the Fisheries Cooperation Agreement. The working system is implemented according to current state regulations;

Chapter IV

IMPLEMENTING PROVISIONS

Article 6. Implementation

Members of the Joint Fisheries Management Committee strictly comply with the provisions of this Regulation./.