Circular No. 04/2006/TT-BTS guiding certain contents of Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of Fisheries Inspection.

CIRCULAR

Guidelines for certain contents of Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of Fisheries Inspection Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of Fisheries Inspection

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Based on 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;

Based on Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of Fisheries Inspection;

The Ministry of Fisheries guides the implementation of certain contents of Decree No. 107/2005/NĐ-CP as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular guides the following matters: the transfer of inspection duties, staffing, and material resources of central and local Fisheries Inspections; the reappointment of Fisheries Inspectors; the temporary use of uniforms, insignia, badges, rank insignias, and Inspector cards; and the administrative penalty authority in the fisheries sector.

II. SPECIFIC PROVISIONS

1. Transfer of inspection duties, staffing, and material resources of Fisheries Inspection agencies

a) The Fisheries Inspection Department

The Fisheries Inspection Department (referred to as the Department) is an agency under the Ministry of Fisheries, performing the function of administrative inspection against organizations and individuals directly managed by the Ministry of Fisheries, and specialized inspection within the scope of state management of the Ministry of Fisheries.

The organizational structure of the Department shall be implemented according to Decision No. 08/2006/QĐ-BTS dated April 19, 2006 of the Minister of Fisheries stipulating the functions, tasks, powers, and organizational structure of the Fisheries Inspection Department.

The organization of the Department shall be arranged based on the principle of transferring intact inspection duties, organizational structure, staffing, material resources, inspection and supervision equipment, and devices serving specialized inspection work from the Central Fisheries Resource Protection Inspection Office under the Fisheries Resource Exploitation and Protection Department to the Department.

For the Quality Management, Safety and Hygiene, and Aquatic Animal Health Department, which does not have a specialized aquatic inspection system, the specialized inspection duties, staffing, and related material resources shall now be transferred to the Department of Fisheries Inspection.

The transfer must ensure that the specialized inspection activities of the Department operate normally without interruption.

b) The Fisheries Inspection Office

The Fisheries Inspection Office of the Department of Agriculture and Rural Development with fisheries management responsibilities (referred to as the Office) is an agency under the Department, responsible for assisting the Director of the Department in performing inspection and specialized inspection tasks within the scope and powers of the Director.

The arrangement of the Office's organizational structure shall be based on Circular Joint No. 01/2006/TTLT/BTS-BNV dated March 20, 2006 of the Ministry of Fisheries - Ministry of Home Affairs guiding the tasks, powers, organizational structure, and staffing of local Fisheries Inspections.

The organizational structure of the Office shall be arranged based on the principle of transferring inspection duties, organizational structure, staffing, material resources, patrol and supervision equipment, and devices serving specialized inspection work from the Provincial Fisheries Resource Protection Inspection Office under the Provincial Fisheries Resource Protection Service, Quality Management, Safety and Hygiene, and Aquatic Animal Health Service, and Fisheries Service (referred to as the Specialized Fisheries Service) to the Office.

The transfer must ensure that the specialized inspection activities of the Department operate normally without interruption and do not disrupt the organization and operations of the Specialized Fisheries Service.

After completing the organizational structure of the Office, the Chief Inspector of the Office shall advise the Director of the Department to issue a Regulation on cooperation between the Office and the Specialized Fisheries Services to avoid overlapping tasks, clearly define responsibilities, and enhance the effectiveness of state management in the fisheries sector at the local level.

2. Reappointment of Fisheries Inspectors

a) Fisheries Inspectors of the Fisheries Resource Protection Inspection who were appointed by the Minister of Fisheries according to the Regulations on the Organization and Operation of the Fisheries Resource Protection Inspection issued together with Decision No. 415/TTg dated August 10, 1994 of the Prime Minister, when transferred to the Department or the Office, shall be considered for reappointment according to Article 31 of the Inspection Law, Article 11 of Decree No. 107/2005/NĐ-CP, the Government's Decree on Inspectors and Inspection Collaborators, and the Minister of Fisheries' Decision on the standards for Fisheries Inspectors.

Fisheries Inspectors, after being appointed to the Inspector position, shall enjoy benefits, entitlements, and allowances for Inspectors as prescribed by law.

b) Fisheries Inspectors of the Fisheries Resource Protection Inspection who were appointed by the Minister of Fisheries according to the Regulations on the Organization and Operation of the Fisheries Resource Protection Inspection issued together with Decision No. 415/TTg dated August 10, 1994 of the Prime Minister, shall not be transferred to the Department and the Office due to not meeting the standards stipulated in Article 31 of the Inspection Law and the Standards for Fisheries Inspectors, and shall be reassigned to appropriate positions suitable to their expertise and must return their uniforms, insignia, badges, rank insignias, and Inspector cards to the Fisheries Resource Exploitation and Protection Department.

3. Regarding uniforms, insignia, flags, badges, rank insignias, and Inspector cards; administrative penalty authority in the fisheries sector

While awaiting the issuance of comprehensive guidelines for Decree No. 107/2005/NĐ-CP, the Directors of the Departments of Fisheries and Agriculture and Rural Development (with fisheries management responsibilities) shall instruct the Offices to implement current regulations until new guidelines replace them, specifically:

a) Continue to use uniforms, insignias, flags, badges, and Fishery Resource Protection Inspector Cards when performing specialized inspection tasks. In cases where the Fishery Resource Protection Inspector Cards have expired, the Minister of Fisheries shall instruct the Director of the Fisheries Resources Exploitation and Protection Department to continue extending the validity of the Fishery Resource Protection Inspector Cards until September 30, 2006. After September 30, 2006, the Fishery Resource Protection Inspector Cards will no longer be valid for use. The Director of the Fisheries Resources Exploitation and Protection Department is responsible for coordinating with the Directors of Departments to direct the relevant specialized fisheries inspection agencies under the Departments to recover the Fishery Resource Protection Inspector Cards and submit them to the Fisheries Resources Exploitation and Protection Department in accordance with the provisions of the law.

Fishery Inspectors' Inspector Cards issued after September 30, 2006, shall be issued according to the regulations of the Government and guidelines from the Government Inspectorate and the Ministry of Fisheries.

b) Administrative penalty authority:

The inspection, supervision, and administrative penalty work in the fisheries sector at the local level, currently carried out by the Fishery Resource Protection Inspectorate, shall be transferred to the Provincial Inspectorate to perform; the administrative penalty authority of the specialized fisheries inspection agency shall be implemented in accordance with Article 26 of Decree No. 128/2005/NĐ-CP dated October 11, 2005, of the Government on handling administrative violations in the fisheries sector and the guiding documents of the Ministry of Fisheries.

III. IMPLEMENTATION

1. The Director of the Cadre and Civil Servant Affairs Department assists the Minister of Fisheries in organizing the structure of the Ministry's Inspectorate based on the guidance provided in this Circular and Decision No. 08/2006/QĐ-BTS dated April 19, 2006, of the Minister of Fisheries regarding the functions, duties, authorities, and organizational structure of the Ministry of Fisheries Inspectorate.

2. The Chief Inspector of the Ministry leads and coordinates with relevant agencies to advise the Minister of Fisheries on completing the system of regulatory legal documents on Fisheries Inspection, promptly submitting these documents to the Ministry and competent authorities for issuance in synchronization with Decree No. 107/2005/NĐ-CP dated August 17, 2005, of the Government on the organization and operation of Fisheries Inspection.

3. The Director of the Fisheries Resources Exploitation and Protection Department is responsible for reviewing the list of Inspectors meeting the criteria for reappointment and the list of Inspectors not meeting the criteria for appointment in accordance with Article 31 of the Inspection Law and Article 11 of Decree No. 107/2005/NĐ-CP; simultaneously recovering and directing the specialized fisheries inspection agencies to recover uniforms, insignias, flags, badges, and Fishery Resource Protection Inspector Cards.

4. The Director of the Department advises the Chairman of the People's Committee of the province or centrally-administered city to issue a Decision specifying the tasks, authorities, organizational structure, and staffing of the Provincial Inspectorate in accordance with the guidance provided in this Circular, Joint Circular No. 01/2006/TTLT/BTS-BNV dated March 20, 2006, of the Ministry of Fisheries - Ministry of Home Affairs on the tasks, authorities, organization, and staffing of local Fisheries Inspection, and the Minister of Fisheries's Decision on the Operation Regulations of Fisheries Inspection.

5. The restructuring of the organization of the Ministry Inspectorate, Provincial Inspectorate, and the construction and completion of the system of guiding legal documents for Decree No. 107/2005/NĐ-CP dated August 17, 2005, of the Government on the organization and operation of Fisheries Inspection shall be implemented in the second quarter of 2006.

This Circular takes effect fifteen days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Fisheries for specific guidance./.