CIRCULAR

Guidelines for Implementing Decree No. 191/2004/NĐ-CP dated November 18, 2004 of the Government on Managing Fishing Activities of Foreign Fishing Vessels in Vietnam's Exclusive Economic Zone and Continental Shelf

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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 Clause 1, Article 23 of Decree No. 191/2004/NĐ-CP dated November 18, 2004 of the Government on Managing Fishing Activities of Foreign Fishing Vessels in Vietnam's Exclusive Economic Zone and Continental Shelf (hereinafter referred to as the Decree), the Ministry of Fisheries issues guidelines for implementing the Decree as follows:

The subjects to which this Decree applies are:

1. Foreign fishing vessel owners (vessels still registered abroad) conducting fishing activities in Vietnam’s waters pursuant to agreements signed between Vietnam and foreign countries; investment projects that have been granted Investment Licenses; projects or cooperation contracts concerning fishing activities as stipulated in Points a, b, and c of Clause 1, Article 6 of the Decree, which have been approved by competent authorities.

2. Vietnamese agencies, organizations, and individuals who are partners with foreign counterparts in implementing agreements, projects, or cooperation contracts related to fishing activities of foreign fishing vessels in Vietnam’s waters.

II. Conditions, Procedures, Authorities for Issuing, Extending, Revoking Fishing Permits for Foreign Fishing Vessels

1. Extension of Fishing Permit (Clause 3, Article 5 of the Decree):

a) A Fishing Permit may be extended based on the duration of the agreement, investment license, or cooperative project in the fisheries sector that has been approved; the number of extensions shall not exceed three (03) times, with each extension period not exceeding twelve months.

b) The form for extending the Fishing Permit (hereinafter referred to as the Permit) is provided in Appendix I of this Circular.

2. Conditions for Issuing the Permit (guidance on certain provisions of Article 6 of the Decree):

a) In accordance with Point d, Clause 1, Article 6 of the Decree, cooperative projects concerning business, purchasing, and transporting fishery products must be directly approved by the Chairman of the People's Committee of provinces or centrally-administered cities.

b) Certificate of Registration of Fishing Vessel and Safety Technical Certificate of Fishing Vessel (Clause 2, Article 6 of the Decree):

The Certificate of Registration of Fishing Vessel is issued by the competent authority of the country where the fishing vessel is registered.

The Safety Technical Certificate of Fishing Vessel is issued by the authorized inspection agency of the country where the fishing vessel is registered or by the competent inspection agency of the Vietnamese Ministry of Fisheries.

c) Permit for Using Frequency and Radio Communication Equipment (Clause 3, Article 6 of the Decree):

The issuance of permits for using frequency and radio communication equipment for foreign fishing vessels operating in Vietnam’s waters is governed by Decree No. 24/2004/NĐ-CP dated January 14, 2004 of the Government detailing implementation of certain provisions of the Postal and Telecommunications Ordinance.

3. Procedures for Issuing, Extending the Permit (guidance on provisions at Points a and b, Clause 1, Point a, Clause 2; Clause 3, Article 7 of the Decree):

a) The application form for issuing the Permit is specified in Appendix II of this Circular.

The application form for extending the Permit is specified in Appendix III of this Circular.

b) Relevant documents and papers required under Clauses 1, 2, 3, and 4, Article 6 of the Decree submitted in the application for issuing the Permit must be certified copies.

c) The competent authority for issuing, extending the Permit is the Directorate of Fishery Resources Exploitation and Protection.

4. Replacement and Reissuance of the Permit:

4.1. The following cases are eligible for reissuance of the Permit:

a) The old Permit is torn or damaged during use;

b) The Permit is lost in cases with legitimate reasons and must be confirmed by the local authority at the port registered in the Permit regarding the place and time of loss.

4.2. The following cases are eligible for replacement of the Permit (to issue a new Permit):

a) Replacement of fishing vessel due to the old vessel being damaged beyond repair;

b) Change of profession recorded in the issued Permit.

4.3. The competent authority for replacing or reissuing the Permit is the Directorate of Fishery Resources Exploitation and Protection.

4.4. Documents for applying for replacement and reissuance of the Permit to be submitted to the Directorate of Fishery Resources Exploitation and Protection include:

a) Application for replacement or reissuance of the Permit, clearly stating the reason; accompanied by confirmation from the local authority as stipulated in Point b, Clause 4.1, Section II of this Circular in case of loss of the Permit;

b) Old Permit, except in cases of loss;

c) Relevant documents and papers required under Clauses 2, 3, and 4, Article 6 of Decree No. 191 (for applications for replacement of the Permit due to change of fishing vessel).

4.5. Examination and Approval for Reissuance and Replacement of the Permit:

a) The Directorate of Fishery Resources Exploitation and Protection will examine and approve reissuance or replacement of the Permit within five working days from receipt of complete and valid application and documents; if reissuance or replacement is not approved, a written response with the reason must be provided.

b) The validity period of the reissued Permit shall be the same as the original Permit; the validity period of the replaced Permit shall be as prescribed in Clause 2, Article 5 of the Decree.

5. Fees for Issuing, Extending, Replacing, and Reissuing the Permit are regulated by the Ministry of Finance.

III. Responsibilities of Foreign Fishing Vessel Owners Conducting Fishing Activities in Vietnam's Waters

1. Pursuant to Clause 1, Article 12 of Decree No. 191, when entering Vietnam, foreign fishing vessels must complete entry procedures at the port or fishing harbor specified in the Permit under the section titled "Place of Gathering for Entry and Exit Procedures."

2. Foreign crew members working on the fishing vessel must hold passports as stipulated in Point d, Clause 2, Article 12 of Decree No. 191. For supervisors or Vietnamese personnel working on foreign fishing vessels, they must possess appropriate identification documents corresponding to the crew list and other personnel lists on board the foreign fishing vessel; supervisors must also have a decision from the Directorate of Fishery Resources Exploitation and Protection authorizing them to serve as supervisors on foreign fishing vessels.

3. Recordkeeping and Reporting of Activities of Foreign Fishing Vessels:

Pursuant to Clause 3, Article 12 of Decree No. 191, all foreign fishing vessels granted a Fishing Operation Permit in Vietnam's territorial waters must maintain a logbook and strictly comply with the following reporting system:

3.1. For fishing vessels engaged in surveying and exploring marine resources, they must submit voyage reports.

Voyage reports (in Vietnamese or English) shall be prepared by the captain and submitted to the Fisheries Resource Exploitation and Protection Department and Vietnamese partners. The report shall include the following contents:

a) The area of operation determined by coordinates (clearly stated for each day of the voyage);

b) The content of surveying and exploring marine resources;

c) Marine products obtained and other results achieved during the voyage and each day thereof;

d) Objectives, areas, and anticipated timeframes for the next voyage;

đ) Changes in the number of Vietnamese and foreign nationals working on the vessel compared to the issued permit;

e) Other issues, if any.

3.2. For fishing vessels engaged in fishing operations, they must maintain a logbook of fishing activities according to the model specified in Appendix IV of this Circular. The captain must submit an end-of-voyage report (in Vietnamese or English) to the Fisheries Resource Exploitation and Protection Department and Vietnamese partners. The report shall include the following contents:

a) The area of operation determined by coordinates;

b) Duration of the voyage and actual time spent at sea;

c) Types of fishing methods used;

d) Total catch and types of marine products on board the vessel;

đ) Changes in the number of Vietnamese and foreign nationals working on the vessel compared to the issued permit;

e) Means of preserving marine products;

g) Whether marine products were sold in Vietnam or exported abroad;

h) Other issues, if any.

3.3. For fishing vessels engaged in technical training and technology transfer, the captain must submit a voyage report (in Vietnamese or English) to the Fisheries Resource Exploitation and Protection Department and Vietnamese partners. The report shall include the following contents:

a) The area of operation determined by coordinates;

b) Duration of the voyage;

c) Content of technical training and technology transfer during the voyage;

d) Results achieved during the voyage;

đ) Objectives, areas, and anticipated timeframes for the next voyage;

e) Changes in the number of Vietnamese and foreign nationals working on the vessel compared to the issued permit;

g) Other issues, if any.

3.4. For fishing vessels engaged in business, purchasing, and transporting marine products, the captain must submit a voyage report (in Vietnamese or English) to Vietnamese partners. The report shall include the following contents:

a) Purpose of the vessel's activities during the voyage (buying, selling marine products, or charter transport);

b) Location of cargo receipt and areas of marine product procurement;

c) Means of preserving and packaging marine products;

d) Whether marine products purchased or transported were sold in Vietnam or exported abroad;

đ) Total quantity and types of marine products on board the vessel;

e) Time spent at port or procurement areas;

g) Other related issues, if any.

4. Pursuant to Clause 7, Article 12 of Decree No. 191, the owner of foreign fishing vessels must notify local border guard authorities when the vessel docks at Vietnamese ports or fish landing sites under all circumstances.

5. Responsibilities of the owner of foreign fishing vessels upon completion of operations (Clause 1, Article 13 of the Decree):

When a foreign fishing vessel concludes its operations and leaves Vietnam's territorial waters, the vessel owner must fulfill all obligations stipulated in the Investment Permit, approved Project, or signed Contract; resolve all issues related to Vietnamese partners (if any), and comply with the following provisions:

a) Notify the Fisheries Resource Exploitation and Protection Department at least seven (07) days in advance if the permit has expired or the vessel is leaving according to schedule; at least three (03) days in other cases; comply with the reporting system specified in Clause 3, Section III of this Circular;...

b) Return the Vietnamese supervisor to the designated location;

c) Complete departure procedures at the designated border checkpoint as specified in the Permit.

IV. Responsibilities of state management agencies regarding the operation of foreign fishing vessels in Vietnam's territorial waters (Chapter IV of the Decree).

Pursuant to Clause 2, Article 14 of Decree No. 191, the dispatching of Vietnamese supervisors to foreign fishing vessels for supervision shall be carried out as follows:

1. Circumstances for dispatching supervisors:

a) The Fisheries Resource Exploitation and Protection Department will assign from one to two supervisors to work on foreign fishing vessels operating in the following fields:

- Fishing operations;

- Surveying and exploring marine resources;

- Technical training and technology transfer in fisheries.

b) The provisions of point a of this clause shall not apply where personnel from marine research institutions under the Ministry of Fisheries are already working on foreign fishing vessels pursuant to approved Projects or Contracts; these individuals must comply with the provisions set forth in Clauses 3 and 4, Section IV of this Circular.

2. Notification and training of supervisors on foreign fishing vessels:

The Fisheries Resource Exploitation and Protection Department shall inform the owner of foreign fishing vessels about the number of supervisors, pick-up and return locations, and working hours of supervisors on board the vessel; train supervisors on matters specified in Clauses 3 and 4, Section IV of this Circular.

3. Duties of supervisors on foreign fishing vessels:

a) Supervise activities and compliance with Vietnamese laws by foreign persons and fishing vessels operating in Vietnam's territorial waters;

b) Report to the Fisheries Resource Exploitation and Protection Department, supervisory management agency, or relevant authorities all information related to the activities of foreign fishing vessels in accordance with assigned tasks in a timely and comprehensive manner.

4. Authority of supervisors:

a) Have the authority to require officers, crew members, and workers on board the vessel to strictly comply with Vietnamese laws and regulations stipulated in the Permit.

b) Has the right to request the captain to bring the vessel back to the nearest port or wharf when discovering serious violations of Vietnamese laws by foreign fishing vessels and persons.

c) Is entitled to inspect and supervise all activities on the vessel, including fish-finding devices and communication equipment.

d) Is authorized to use communication equipment of foreign fishing vessels for work purposes when necessary.

5. Benefits of Supervisors:

a) Foreign fishing vessel owners must ensure working and living conditions for supervisors on foreign fishing vessels according to the standards for officers on fishing vessels.

b) Are entitled to receive salaries, travel allowances, sea allowances, and other benefits (if applicable) as stipulated by current laws.

c) Are entitled to receive additional allowances and remuneration from partners if such provisions are included in agreements, projects, or cooperation contracts.

V. Inspection, Control, and Handling of Violations

1. Inspection and control of foreign fishing vessel activities in Vietnam's territorial waters (Article 17 of this Decree):

a) Inspection and control forces as prescribed in Clause 1, Article 17 of the Decree shall conduct inspections and controls over foreign fishing vessel activities in Vietnam's territorial waters to promptly detect and prevent violations of Vietnamese laws.

b) The Fisheries Resource Protection Inspectorate shall coordinate with the forces specified in point a of this clause to establish regulations on mechanisms for coordination in organizing patrols and controls, apprehending foreign fishing vessels violating Vietnamese laws while operating in Vietnam's territorial waters; organize a communication network among forces to strictly manage foreign fishing vessel activities in Vietnam's territorial waters, and submit these regulations for issuance by the Minister of Fisheries and relevant Ministers.

2. Administrative Sanctions (Article 18 of the Decree)

a) The owner of a foreign fishing vessel holding a permit who engages in fishing activities in Vietnam's territorial waters and violates Vietnamese laws in the fisheries sector shall be subject to administrative sanctions under Government Decree No. 128 dated October 11, 2005, concerning administrative sanctions for violations in the fisheries sector; during fishing activities, if they violate other Vietnamese laws, they shall be subject to sanctions under other Government Decrees concerning administrative sanctions related to such violations.

b) A foreign fishing vessel engaging in fishing activities in Vietnam's territorial waters without a permit shall be handled according to Vietnamese laws regarding the case of encroachment on Vietnam's territorial waters for fishing activities.

VI. Coordination Among State Management Agencies

1. Within seven days from the date of issuance, extension, replacement, or revocation of a permit for a foreign fishing vessel, the Fisheries Resources Exploitation and Protection Department shall notify and send copies of the permit to relevant Ministries, sectors, and provincial People's Committees directly under the Central Government according to the provisions of Clause 3, Article 14, and Clause 1, Article 17 of Decree No. 191 for coordinated management of foreign fishing vessel activities.

2. When inspection and control forces at sea discover violations of Vietnamese laws by foreign fishing vessels, they shall immediately prepare violation reports, conduct investigations, and handle cases according to Vietnamese laws, and simultaneously report to the Fisheries Resources Exploitation and Protection Department within seven days from the date of preparing the violation report.

VII. Implementation Organization

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. Departments, Bureaus, Institutes, and Centers under the Ministry of Fisheries; Provincial Fisheries Departments and Provincial Departments of Agriculture and Rural Development responsible for fisheries management shall guide, urge, and inspect the implementation of this Circular; any issues encountered during implementation must be promptly reported to the Ministry of Fisheries.

3. Any amendments or supplements to the contents of this Circular shall be examined and decided by the Minister of Fisheries./.