Circular No. 03/1998/TT-BTS guides the implementation of Decree No. 49/1998/NĐ-CP dated July 13, 1998 of the Government on managing fishing activities of persons and foreign vessels in Vietnam's maritime zones.

CIRCULAR

Issued by the Ministry of Fisheries under Decision No. 03/1998/TT-BTS dated October 27, 1998 guiding

the implementation of Decree No. 49/1998/NĐ-CP dated July 13, 1998 of the Government on

managing fishing activities of persons and vessels from foreign countries in

Vietnam's maritime zones

Pursuant to Decree No. 49/1998/NĐ-CP dated July 13, 1998 of the Government

After consultation with relevant ministries

The Ministry of Fisheries hereby guides certain specific points as follows

I. GENERAL PROVISIONS ON REGISTRATION AND ISSUANCE OF THE FISHING ACTIVITY LICENSE (HEREINAFTER REFERRED TO AS THE LICENSE):

1. Objectives:

The License shall be issued to foreign vessels and persons on board such vessels engaged in fishing activities within Vietnam’s maritime zones.

1.1. Foreign vessels:

1.1.1. Ownership:

- Individuals, foreign enterprises, international organizations without Vietnamese nationality, not registered for operations in Vietnam.

- Fisheries enterprises or enterprises with fisheries activities having foreign investment established and operating under the Law on Foreign Investment in Vietnam.

1.1.2. Not registered with Vietnamese nationality.

1.1.3. Except for non-fishing vessels and vessels not participating in fishing activities entering national ports according to the provisions of the Vietnamese Maritime Code to fulfill commercial contracts on import and export goods (including seafood), they are not subject to Decree No. 49/1998/NĐ-CP.

1.2. Persons on board foreign vessels: foreigners and Vietnamese (if any, excluding Vietnamese supervisors) working on the vessel according to their respective positions.

Military service personnel falling under the categories specified in Article 1 of this Circular may extend their age for active service if they meet all of the following conditions:

2.1. Possessing one of the following types of permits issued by the Ministry of Planning and Investment:

- Investment Permit

- Joint Venture Business Permit.

2.2. Having a permit or authorization document from the Ministry of Science and Technology or the Ministry of Fisheries if cooperating with a Vietnamese entity based on a scientific and technical cooperation contract regarding fisheries fields such as: surveys, trials, technical training...

2.3. A commercial contract with the approval of the Ministry of Fisheries or the Provincial Fisheries Department, Agriculture and Rural Development Department concerning exported aquatic products.

2.4. In specific cases, the vessel owner must satisfy the requirements set out in Points 1, 2, and 3 of Section II below:

3. Issuing Authority.

The Ministry of Fisheries authorizes the Fisheries Resource Protection Agency as the sole agency to receive applications, issue new licenses, extend, and replace Fishing Activity Licenses for foreign vessels operating in Vietnam’s maritime zones, and will notify the applicant of the result within five days from the date of direct submission or receipt via registered mail.

4. Receiving the License and Paying Fees:

- When submitting the application and supporting documents, the vessel owner will receive a certificate confirming the submission of the application and the date scheduled for notification of the review result.

- If the vessel owner or authorized representative does not come to the issuing authority to receive the License or submit additional documents within thirty days from the scheduled date (except for force majeure cases), the Ministry of Fisheries will not process the issuance or extension of the License based on the previous application.

- The fee for the License shall be paid at the Fisheries Resource Protection Agency in accordance with the Circular No. 07/TT-LB dated April 1, 1993 of the Ministry of Finance and the Ministry of Fisheries.

- The fee may be collected in freely convertible foreign currency converted from the amount of the fee in Vietnamese Dong, according to the exchange rate published by the State Bank of Vietnam at the time of collecting the fee. 

II. TYPES OF LICENSES TO BE ISSUED

1. First-time issuance of the License:

1.1. Application for issuance of the License:

The vessel owner must prepare an application for registration for each vessel and person on board and send it to the Fisheries Resource Protection Agency.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

1.1.1. Application for registration of fishing activities (according to the form of the Ministry of Fisheries).

1.1.2. One of the permits already issued as specified in Point 2.1, 2.2 of Section I, or the commercial contract as specified in Point 2.3 of Section I of this Circular.

1.1.3. Vessel documentation.

- Vessel registration certificate issued by the competent authority of the country where the vessel is registered;

- Vessel inspection certificate issued by the inspection authority of the country where the vessel is registered, registered or flying its flag, or another country, or by the Vietnamese Inspection Authority;

- Photographs of the vessel front, rear, port side, starboard side (color photos, size 9x13 each photo one copy).

1.1.4. List of personnel on board with their positions and photographs, declared and confirmed by the vessel owner.

1.1.5. Power of attorney for the representative or Vietnamese partner (if any) in case the vessel owner does not apply for the License directly.

1.1.6. For vessels belonging to foreign-invested enterprises established and operating under the Law on Foreign Investment in Vietnam, or vessels involved in scientific research projects, only the documents listed in Points 1.1.1, 1.1.3, 1.1.4, and 1.1.5 of this section need to be prepared and submitted to the Fisheries Resource Protection Agency for consideration.

1.2. Examination and issuance of the License.

1.2.1. Basis for examination and issuance of the License.

- Complete and valid documentation.

- Vessel inspection certificate valid for at least twelve months.

1.2.2. Within five days from receiving complete and valid documentation, the Fisheries Resource Protection Agency will notify the examination result.

For vessels mentioned in Clause 1.1.6 of Point 1.1 of Section II above, the Ministry of Fisheries will coordinate with the Ministries of Planning and Investment, Science and Technology to issue the License.

1.3. Validity period of the License:

For vessels belonging to foreign-invested enterprises or scientific research projects, the initial validity period is twenty-four months.

For vessels only engaged in collection and marine transportation of seafood, the validity period shall not exceed twelve months.

2. Extension of the License.

2.1. Cases eligible for License extension:

- Permits mentioned in Points 2.1, 2.2, and 2.3 of Section I of this Circular remain valid for at least twelve months.

- The start of operations is delayed or the end is extended by thirty to forty-five days from the date recorded in the License due to justifiable reasons.

- The approval opinion allows for the extension of the implementation period of contracts of projects, or the renewal of Licenses issued by the competent authorities issuing such Licenses.

- There has been no violation that was penalized according to Vietnamese laws during the operation in Vietnam.

- The vehicle owner must submit the application for renewal to the Fisheries Resource Protection Department at least 15 days before the Registration Certificate expires.

2.2. Application for Renewal:

- Application for Renewal.

- Reports on the activities of the vehicle during the period covered by the issued Registration Certificate.

- Any changes to the vehicle and its crew (if applicable).

- The issued Registration Certificate.

2.3. Examination of Renewal of the Registration Certificate:

- The Fisheries Resource Protection Department examines and notifies the result within three days from the date of receipt of the application and supporting documents.

- For specialized transport vehicles for aquatic products, the renewal and the duration of renewal are considered on a case-by-case basis but not more than twice, with each renewal not exceeding six months.

3. Replacement and Reissue of the Registration Certificate:

3.1. The following cases are eligible for replacement and reissue of the Registration Certificate:

3.1.1. Changes in the content of fishing operations approved by the Ministry of Fisheries of Vietnam; or changes in the content of scientific research activities approved by the Ministry of Science and Technology and Environment.

3.1.2. The old Registration Certificate is torn or deteriorated during use.

3.1.3. Replacement of the vehicle due to the old vehicle being damaged beyond repair and the Registration Certificate still having more than one year remaining validity.

3.1.4. Loss of the Registration Certificate in cases with valid reasons.

3.1.5. Transport vehicles that have been renewed twice without any violations.

3.2. Application for Replacement and Reissue of the Registration Certificate:

3.2.1. Application for replacement or reissue of the Fishing Operation Registration Certificate, clearly stating the reason; accompanied by the old Registration Certificate (if available).

3.2.2. In the case of applying for replacement of the Registration Certificate for a new vehicle replacing the old one, the vehicle owner must prepare the following documents:

- Application for replacement (clearly stating the reason).

- The issued Registration Certificate.

- Vehicle documents as required for initial issuance.

3.3. Examination of Reissue of the Registration Certificate:

3.3.1. The Fisheries Resource Protection Department examines and notifies the result within five days from the date of receipt of the application and complete and valid supporting documents.

3.3.2. The validity period of the reissued Registration Certificate will be the same as the original Registration Certificate.

3.4. Fees.

3.4.1. For the reissuance of Registration Certificates that are torn, lost, or transport vehicles that have been renewed twice, the fee will be the same as the renewal fee.

3.4.2. For the replacement of vehicles, the fee will be the same as the initial issuance fee.

 III. MANAGEMENT OF FISHING OPERATIONS IN VIETNAMESE MARITIME AREAS:

During fishing operations in Vietnamese maritime areas, foreign persons and vessels must comply with the following regulations:

1. Identification marks of vessels.

- The name, registration number, symbol, and paint color of the vessel must be clear. Boats and ships must be painted and marked clearly with their name and registration number on both sides of the cabin and both sides of the hull.

- Hoist the Vietnamese national flag at the highest mast of the vessel throughout the time in Vietnam. The minimum size of the Vietnamese national flag is 1.2m x 0.8m. The flag must be replaced when it is torn, old, or faded.

- Equip all types of signal flags, lights, and communication equipment in good working condition.

2. Vietnamese Supervisors.

2.1. The Ministry of Fisheries will assign one to two supervisors to work on foreign vessels engaged in fishing, surveying, scientific research, technical training...

The Fisheries Resource Protection Department will notify the vessel owner of the number of people, pick-up and drop-off locations, and working hours of the supervisor on the vessel upon receipt of the Registration Certificate.

2.2. Duties of the Supervisor:

- Monitor activities and compliance with Vietnamese laws by foreign persons and vessels operating in Vietnamese maritime areas.

- Report to the Fisheries Resource Protection Department, Sub-department of Fisheries Resource Protection (where the Vietnamese supervisor is managed) or relevant authorities about information related to the activities of foreign persons and vessels as assigned, fully and promptly.

2.3. Authority of the Supervisor.

- Require officers and crew members to strictly adhere to Vietnamese laws and regulations stipulated in the Registration Certificate.

- Require the captain to bring the vessel to the nearest port or dock if serious violations of Vietnamese laws are discovered.

- Propose penalties to the competent Vietnamese authority in specific cases involving persons and vessels.

- Have the right to inspect and supervise all activities on the vessel, including fish-finding devices, communication equipment, etc.

2.4. Benefits of the Supervisor.

- Enjoy living and dining conditions equivalent to those of officers on the vessel.

- Have the right to use the vessel's communication equipment for work purposes.

3. Reporting System.

All vessels issued a Registration Certificate in Vietnamese maritime areas must strictly comply with the reporting system as follows:

3.1. For vessels engaged in fishing activities, the following reports must be made:

3.1.1. Daily report conducted by the captain every 24 hours and sent to the Vietnamese partner.

- Daily report containing the following contents:

- Fishing grounds (determined by coordinates).

- Operating situation and results.

- Other issues, if any.

3.1.2. End-of-voyage report:

The end-of-voyage report is prepared by the captain and submitted to the Sub-department of Fisheries Resource Protection where the Vietnamese supervisor was assigned and to the Vietnamese partner.

The report is completed when the vessel concludes its voyage. The report includes:

- Operating area (determined by coordinates).

- Voyage duration and actual time spent at sea.

- Types of fishing methods used.

- Total catch and species on board, including the voyage's catch.

- Other issues, if any.

3.2. For specialized vessels for collecting and transporting seafood, voyage reports must be made.

The report on the voyage carried out by the captain shall be submitted to the Vietnamese partner. The report includes the following contents:

- The location of cargo receipt or the collection area for products.

- The total amount of aquatic products on the vessel and their types.

- The time spent at the port or collection area.

- Any other related issues, if any.

3.3. For vessels used in aquaculture activities, periodic reports must be made according to the breeding cycle of animals and plants.

The periodic report shall be prepared by the vessel manager and submitted to the local Fisheries Resource Protection Agency responsible for managing the coastal land and sea areas.

The report shall include the following main points:

- Cultivated species.

- Cultivation area or floating cages.

- Yield and revenue.

- Various expenses.

- Quantity and place of consumption (domestic and foreign).

- Types of chemicals used.

3.4. For vessels operating in technical training, surveying, investigation, exploration, testing, etc., voyage reports must be made.

The voyage report shall be prepared by the captain and submitted to the Fisheries Resource Protection Department and the Vietnamese partner.

The report shall include the following contents:

- Operating area (determined by coordinates).

- Duration of the voyage.

- Main content of the activity (training, testing, etc.).

- Seafood products obtained during the operation.

- Results achieved after the voyage.

- Objectives, areas, and expected time for the next voyage.

- Changes in the number of Vietnamese and foreign nationals on board compared to the issued Registration Certificate.

- Other issues, if any.

3.5. Report before leaving Vietnamese waters.

The report shall be prepared by the captain and submitted to the Fisheries Resource Protection Department and the Vietnamese partner at least three days before leaving Vietnamese waters.

The report shall include the following main points:

- Summary of the situation and results of operations in Vietnamese waters during the period of operation.

- Reason for leaving Vietnamese waters.

- Time of departure from Vietnamese waters.

- Other issues.

3.6. Vietnamese organizations and individuals directly signing contracts (as Vietnamese partners) have the responsibility to provide information about the fishing activities of foreign persons and vessels in Vietnamese waters upon request of Vietnamese competent authorities. Periodically (every six months, annually), and upon completion of the contract, they must compile and summarize the results of foreign persons and vessels' operations and report them to the Fisheries Resource Protection Department.

Departments of Fisheries and Departments of Agriculture and Rural Development managing aquaculture where there are 100% foreign-owned enterprises engaged in fishing operations have the responsibility to report annually to the Ministry of Fisheries about the activities of these enterprises.

4. Vessels leaving Vietnamese waters:

4.1. When vessels leave Vietnamese waters due to expiration of the Registration Certificate, or periodically according to plan, or unexpectedly, the vessel owner must fulfill the following obligations:

- Notify the Fisheries Resource Protection Department at least three days in advance if it is due to the expiration of the Registration Certificate or periodicity; or at least 24 hours in advance in case of unexpected circumstances.

- Prepare the report as stipulated in Point 3.5 of Part III of this Circular.

- Fulfill all obligations under Vietnamese law and commitments already signed.

- Return the Vietnamese Inspector at the designated location.

4.2. The Fisheries Resource Protection Department has the responsibility to notify Vietnamese competent authorities and Vietnamese Marine Surveillance Forces specified in Article 14 of Decree No. 49/1998/NĐ-CP.

5. Vessels ceasing operations:

Within the validity period of the Registration Certificate, if a vessel wishes to cease operations, the vessel owner must report to the Fisheries Resource Protection Department at least three days in advance regarding the reason and the anticipated cessation date.

In cases of cessation due to force majeure, the vessel owner must immediately notify the Fisheries Resource Protection Department and the nearest Fisheries Resource Protection Sub-Department.

6. Vessels entering and exiting Vietnamese ports:

Vessels entering and exiting Vietnamese ports must comply with the provisions of the Vietnamese Maritime Code.

IV. VIOLATION HANDLING:

1. Seizure of foreign persons and vessels violating regulations:

1.1. Procedure for seizure:

- When foreign persons and vessels engaged in fishing activities in Vietnamese waters violate the provisions of Decree No. 49/1998/NĐ-CP or other relevant Vietnamese laws, Vietnamese Marine Surveillance Forces have the right to seize and escort them to the competent authority for handling.

- Upon seizure at sea, the surveillance forces must prepare an on-site violation record, seal communication equipment, logbooks, positioning devices, and evidence; maintain the original condition of the vessel, escort it to the nearest port or dock, and hand it over to the competent authority for handling.

- The on-site violation record must include basic points such as: date and time, coordinates, vessel name, captain's or manager's name, violation behavior, including any resistance or escape actions against Vietnamese enforcement officers; evidence (seafood, fishing gear, tools used for illegal activities); equipment on board the vessel...

- The procedures and formalities for seizure and escort of persons and vessels must strictly follow the provisions of Decree No. 49/1998/NĐ-CP and other relevant Vietnamese laws.

1.2. Detention subjects:

- Detention of persons applies only to captains or managers, operators of vessels who violate regulations and those directly involved in illegal acts or resisting Vietnamese enforcement officers.

- Those directly involved in violations (including captains) are those who intentionally or fail to follow orders from the captain or vessel manager to control the vessel to intrude into Vietnamese waters for illegal fishing, using unauthorized fishing gear or tools, or not in accordance with the fishing grounds and times specified in the Registration Certificate, or resisting Vietnamese enforcement officers.

- All other persons on board the vessel are not subject to detention but must be managed during the escort period until repatriation.

2. Handling of violations:

2.1. For foreign vessels without a Registration Certificate or using an invalid Registration Certificate:

- Fine 100 million VND for the case without a Registration Certificate.

- Fine from 50 to 70 million VND for the case using a Registration Certificate that has lost its validity, or a Registration Certificate that has expired for 31 days or more since the expiration date.

2.2. For foreign vessels with a Registration Certificate that commit violations of this Decree and other relevant regulations:

- Fine 100 million VND for the acts of using explosives, electric shocks, or chemicals to fish; restore the original state if the habitat of marine species is altered; compel pollution treatment if pollution is caused.

- Fine 70 million VND for the act of using fishing nets with mesh sizes smaller than prescribed.

- Fine 70 million VND for the act of commercially exploiting marine species listed in the prohibited category.

- Fine 70 million VND for the act of storing explosive or toxic substances.

- Fine 50 million VND for the act of storing on the vessel fishing gear or tools prohibited for use.

- Fine 50 million VND for the act of destroying coral reefs.

- Fine from 30 to 50 million VND for the act of non-commercially exploiting marine species listed in the prohibited category.

- Fine 30 million VND for the act of using a Registration Certificate beyond the expiry date by up to 30 days from the expiry date.

- Fine 20 million VND and compel restoration to the original state for acts that alter the residence or breeding grounds of marine species.

- Fine 20 million VND and compel release back into the sea for the act of collecting, transporting, importing, or exporting marine species' seeds illegally and confiscate all such marine species.

- Fine 20 million VND for the act of operating outside the area specified in the Registration Certificate.

- Fine 20 million VND for the act of using types of fishing methods or tools not in accordance with those recorded in the Registration Certificate.

- Fine 20 million VND for the act of fleeing or obstructing public officials in the performance of their duties.

- Fine 10 million VND for the act of altering, erasing documents, hindering investigation, concealing evidence.

- Fine 10 million VND for the act of raising or releasing diseased marine species.

- Fine 5 million VND for the act of failing to regularly implement preventive measures against diseases at aquaculture sites.

- Fine 5 million VND for the act of insulting public officials performing their duties.

3. Serious violations include:

- Entering deep into Vietnam's territorial waters without a Registration Certificate for fishing activities; captains or vessels repeatedly intruding to illegally catch marine species; using weapons to resist or flee from Vietnam's maritime control forces; acts of destruction of marine species or their habitats...

- Having a Registration Certificate for fishing activities but having been fined at least twice according to Decree 49/1998/NĐ-CP during the validity period of the Registration Certificate; acts of destruction of marine species or their habitats;

4. Cases of temporary suspension, cessation, and revocation of the Registration Certificate for fishing activities:

- Temporarily suspend the Registration Certificate for three months in cases where the total fine amount reaches 50 million VND.

- Suspend the Registration Certificate for six months in cases where the total fine amount is 100 million VND or more, or has been temporarily suspended once.

- Revoke the Registration Certificate in cases where criminal responsibility is pursued due to serious offenses, or has been suspended once, or when the permits mentioned in Points 2.1, 2.2, and 2.3 of Section I of this Circular have been revoked. 

V. AUTHORITY TO HANDLE VIOLATIONS:

1. The Ministry of Fisheries delegates the Fisheries Resource Protection Inspectorate to issue decisions on temporary suspension, cessation, or revocation of the Registration Certificate for fishing activities; propose recommendations to the Government and competent authorities to suspend or revoke the permits stipulated in Article 6 of Decree No. 49/1998/NĐ-CP.

2. The Chairman of the People's Committee of provinces and centrally governed cities has the authority to handle violations as provided for in Article 19 of Decree No. 49/1998/NĐ-CP.

3. Maritime control forces:

3.1. Coast Guard, Border Guard, and Fisheries Resource Protection Inspectors are tasked with patrolling and supervising fishing activities at sea, have the right to detain foreign persons and vessels violating Vietnamese laws, prepare violation reports on-site, seal communication equipment, logbooks, positioning devices, and evidence, maintain the original condition while escorting to the nearest port or dock for handover to the competent authority for processing in accordance with Vietnamese laws.

3.2. Other specialized inspection forces operating at sea have the responsibility to report and coordinate with the Coast Guard, Border Guard, and Fisheries Resource Protection Inspectors to apprehend and process violators. 

IV. IMPLEMENTATION ORGANIZATION: 

1. The Fisheries Resource Protection Inspectorate arranges staff, places for receiving applications, provides guidance, and posts necessary regulations regarding procedures... to facilitate and expedite matters for foreign persons and vessels engaged in fishing activities in Vietnam.

2. The Fisheries Resource Protection Inspection Force, based on their functions and responsibilities as defined, strengthens and consolidates maritime inspection forces, closely coordinates with the Coast Guard, Border Guard, and other specialized inspection forces to monitor the enforcement of Vietnamese laws in maritime areas.

3. To ensure unified management and close cooperation between related sectors and between central and local levels, the Ministry of Fisheries, together with other ministries, sectors, and localities, will undertake the following tasks:

- The Fisheries Resource Protection Inspectorate will cooperate with the Marine Products Research Institute and related marine research institutions to uniformly define sea areas for foreign vessels to engage in fishing activities, storm shelters, product collection points, export product collection points... to be submitted to the Ministry of Fisheries for promulgation.

- The Fisheries Resource Protection Agency shall cooperate with maritime police forces, border guard forces, and other specialized forces to establish regulations on the mechanism for coordination in organizing patrols and inspections, apprehending foreign vessels violating laws in Vietnam's territorial waters; establishing a unified communication network to manage the sea, and submitting them for issuance by the Ministry of National Defense and the Ministry of Fisheries.

4. Provincial People's Committees and centrally governed cities with coastal areas shall base themselves on Decree No. 49/1998/NĐ-CP dated July 13, 1998, and this Circular to organize and promote education on compliance with the law, and direct local functional forces to coordinate with armed forces to prevent violations of the law in Vietnam's territorial waters; disseminate guidelines to foreign organizations and individuals, and foreign-invested enterprises located in their jurisdictions to ensure they understand the policies and state regulations regarding the management of fishing activities at sea in Vietnam.

This Circular shall be widely disseminated to fisheries businesses, fishermen, and foreign organizations and individuals.

This Circular takes effect fifteen days from the date of signature./.