Circular No. 02/2007/TT-BTS guiding the implementation of Government Decree No. 66/2005/NĐ-CP dated May 19, 2005 on ensuring safety for persons and fishing vessels engaged in fisheries activities.

 

CIRCULAR

Guidelines for Implementing Decree No. 66/2005/NĐ-CP dated May 19, 2005

of the Government on Ensuring Safety for Persons and Fishing Vessels Engaged in Aquatic Activities

_________________________________

 

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 Aquatic Resources;

Pursuant to Decree No. 66/2005/NĐ-CP dated May 19, 2005 of the Government on Ensuring Safety for Persons and Fishing Vessels Engaged in Aquatic Activities.

The Ministry of Aquatic Resources hereby provides guidelines for implementing certain provisions stipulated in Decree No. 66/2005/NĐ-CP dated May 19, 2005 of the Government on Ensuring Safety for Persons and Fishing Vessels Engaged in Aquatic Activities. Organizations and individuals related to ensuring safety for persons and fishing vessels engaged in aquatic activities shall comply with the provisions of Decree No. 66/2005/NĐ-CP and the following guidelines:

I. Guidelines for Implementing Certain Provisions Regarding the Responsibilities of Fishing Vessel Owners, Masters, and Crew Members as Specified in Article 5 and Article 6:

1. Fishing vessel owners have the responsibility to:

a) Ensure that the fishing vessel has all necessary safety equipment as prescribed:

For fishing vessels required to undergo inspection, follow Appendix I attached hereto. For fishing vessels not required to undergo inspection, when operating, they must at least have the following safety equipment: signal lights, life buoys, anti-sinking devices, anti-puncture devices, fire prevention and extinguishing equipment.

b) Ensure that the fishing vessel operates within the maritime areas and time periods specified in the Certificate of Technical Safety for Fishing Vessels.

c) Ensure that the number of crew members on board during operation does not exceed the number registered in the Crew Member Register Book and does not exceed the number allowed in the Certificate of Technical Safety for Fishing Vessels.

d) Require the master and crew members to move the vessel out of dangerous areas or return it to safe harbors immediately upon receiving information about approaching typhoons or tropical depressions affecting the area where the vessel is operating.

2. The responsibilities of the master and crew members are:

a) Before departure, check the vessel's and crew members' documents, including:

- Certificate of Registration for Fishing Vessels or Confirmation of Registration for Fishing Vessels;

- Permit for Aquatic Resource Exploitation;

- Certificate of Technical Safety for Fishing Vessels (if applicable);

- Crew Member Register Book (if applicable);

- Certificates and licenses for crew members and identity documents.

b) When there is information about typhoons or tropical depressions, maintain regular communication and report the vessel's position and the number of people on board to the Department of Aquatic Resources or the Department of Agriculture and Rural Development responsible for managing aquatic resources (hereinafter referred to as the Department), Border Guard Force, coastal radio stations at the point of departure and the nearest location.

c) Operate the fishing vessel within the maritime areas and time periods specified in the Certificate of Technical Safety for Fishing Vessels.

d) In case of an accident, organize immediate response efforts; if there is a threat to the safety of the vessel and crew members, promptly notify search and rescue authorities and the registration authority for fishing vessels.

e) In cases of force majeure, remove any equipment or items that may affect the safety of the fishing vessel to quickly move the vessel to a safe location.

II. Guidelines for Issuing Approval Documents for New Construction and Modification of Fishing Vessels as Specified in Point a Clause 5 Article 11 and for Issuing Certificates Confirming Registration of Fishing Vessels as Specified in Clause 4 Article 11:

1. Issuance of Approval Documents for New Construction and Modification of Fishing Vessels

The owner of the fishing vessel must submit an application form for permission to construct or modify the fishing vessel according to the model provided in Appendix II attached hereto to the Fisheries Resource Exploitation and Protection Department or the Department depending on the designed waterline length of the vessel.

Within seven working days from the date of receipt of a valid application form, the receiving agency shall respond in writing with approval or disapproval based on the policy for developing fishing vessels and the planning for developing fisheries. The approval document for new construction or modification of fishing vessels shall be issued according to the model provided in Appendix III attached hereto.

2. Issuance of Certificates Confirming Registration of Fishing Vessels

Fishing vessels with a designed waterline length under 15 meters that are either unpowered or powered but with total engine power under 20 horsepower shall be issued Certificates Confirming Registration of Fishing Vessels if they meet the following conditions:

- Application Form for Registration of Fishing Vessels according to the model provided in Appendix IV attached hereto;

- Contract for new construction or purchase of the fishing vessel or tax receipt for the initial registration fee or other documents proving the lawful origin of the fishing vessel;

For newly constructed or modified fishing vessels, approval documents from provincial-level aquatic resource management agencies are required.

After registering in the Fishing Vessel Register Book, the registration authority shall issue the Fishing Vessel Register Book and the Certificate Confirming Registration of Fishing Vessels according to the model provided in Appendix V attached hereto.

III. Responsibilities of State Management Agencies as Specified in Articles 14, 15, and 16.

1. Responsibilities of Units Under the Ministry of Aquatic Resources

a) Fisheries Resource Exploitation and Protection Department

- Coordinate with relevant units to promote awareness and dissemination of regulations concerning safety for persons and fishing vessels engaged in aquatic activities.

- Organize the implementation of vessel registration and inspection work within their jurisdiction.

- Develop and revise forms and documents used in vessel registration and inspection work.

- Inspect compliance with vessel registration and inspection regulations and ensure safety for persons and fishing vessels nationwide.

- Manage and operate the fishing vessel information management system.

- Implement flood, storm prevention, and search and rescue operations; coordinate with relevant sectors and levels to respond to any situation.

- Report to the Minister on the status of vessel registration and inspection; the operational status of fishing vessels according to regular or special reporting schedules.

- Guide local fisheries management agencies to review and assess the capabilities of existing distant-water fishing fleets.

b) Science and Technology Department

- Develop technical standards and specifications for fishing vessel safety.

- Research and develop advanced fishing vessel models, exploitation technologies, and shipbuilding technologies suitable for economic and technical conditions, meeting the development needs of the aquaculture industry.

Establish, amend, and supplement regulations on training, capacity building, and examination for issuing certificates for ship captains and engineers; standards for seafarer positions that meet the operational requirements of fishing vessels.

d) The Planning and Finance Department:

- Develop mechanisms and policies to ensure safety for people and fishing vessels during aquatic activities;

- Propose programs and projects to build infrastructure serving fishing vessel operations.

đ) The National Fisheries Promotion Center:

- Promote and disseminate experiences and knowledge to ensure safety for people and fishing vessels during aquatic activities;

- Develop models for developing distant-water fisheries.

2. Responsibilities of relevant agencies

a) Border Guard Force and Coast Guard shall cooperate with police forces, fishery inspection authorities, and local governments to strictly control and prevent people and fishing vessels from operating without adequate safety equipment.

The Border Guard Force shall direct border guard stations to collect fishermen's radio frequency reports and coordinate with related agencies in the fishery sector to process information on typhoon prevention and search and rescue operations.

b) The National Hydro-Meteorological Forecasting Center shall promptly issue typhoon warnings, especially for typhoons moving over the South China Sea, to provide timely information and notifications to fishing vessels for prevention and avoidance.

c) Vietnam Radio and coastal radio stations shall ensure good coverage and the required number of broadcasts regarding typhoon forecasts and tropical depressions in Vietnamese waters, enabling coastal areas and vessels at sea to take proactive measures for prevention and avoidance.

d) The Maritime Administration under the Ministry of Transport shall guide the implementation of maritime safety and inland waterway traffic safety work; direct units to regularly inspect, maintain, and repair port channels and navigation aids in port waters and inland waterways, ensuring maritime safety; direct the organization responsible for maritime safety in Vietnam to hoist warning signals on lighthouses when there is a forecast of typhoons or tropical depressions.

3. Responsibilities of People's Committees of provinces and centrally governed cities:

a) Direct all levels of government, the fishery sector, and local functional agencies to guide and inspect fishing vessel owners, captains, and fishermen to strictly comply with regulations ensuring safety for people and fishing vessels during aquatic activities in their respective regions.

b) Direct Fishery Departments:

- Organize propaganda and education for fishermen to strictly adhere to state regulations ensuring safety for people and fishing vessels.

- Direct the establishment of cooperative production teams at sea to support each other in obtaining weather information and being prepared to assist each other in emergencies.

- Coordinate with the Fisheries Resource Exploitation and Protection Bureau to manage distant-water fishing vessel operations; check logbooks, registered radio frequencies, communication procedures, and reporting systems to management authorities.

- Direct specialized management agencies:

+ Implement vessel registration and crew certification according to authority.

+ Collaborate with the Border Guard Force in managing and ensuring safety for people and fishing vessels during aquatic activities.

- Direct Fishery Inspectors to inspect, supervise, and handle administrative violations concerning vessel registration and inspection and safety for people and fishing vessels.

- Depending on specific conditions of each locality, delegate management authority for fishing vessels with designed waterline lengths under 15 meters, whether motorized or not, with total engine power below 20 horsepower, to lower-level People's Committees.

- Coordinate with relevant sectors and levels within the locality:

+ Supervise fishing vessel activities in various sea areas, ensuring safety for people and fishing vessels during aquatic activities.

+ Establish communication systems to monitor fishing vessel operations, ensuring smooth information flow in all situations.

- Types of Reports: regular, urgent, and comprehensive on vessel registration, inspection, and operation status, following templates specified in Appendices IV, VII, and VIII attached to this Circular.

Monthly and quarterly reports must be submitted to the Ministry of Fisheries (Fisheries Resource Exploitation and Protection Bureau) before the 25th of each month and the last day of the quarter.

IV. Implementation Organization

The Fisheries Resource Exploitation and Protection Bureau is responsible for implementing this Circular. This Circular takes effect fifteen days after its publication in the Official Gazette.

This Circular replaces Circular No. 05/1998/TT-BTS dated December 29, 1998, issued by the Minister of Fisheries guiding the implementation of Decree No. 72/1998/NĐ-CP dated September 15, 1998, of the Government on ensuring safety for people and fishing vessels operating at sea.

During implementation, if difficulties or obstacles arise, individuals and organizations should promptly report them to the Ministry of Fisheries for review and resolution.

During implementation, if difficulties or obstacles arise, individuals and organizations should promptly report them to the Ministry of Fisheries for review and resolution./.