Circular No. 05/1998/TT-BTS guiding the implementation of Government Decree No. 72/1998/NĐ-CP dated September 15, 1998 on ensuring safety for persons and fishing vessels operating at sea

CIRCULAR

Guidelines for Implementing Decree No. 72/1998/NĐ-CP dated September 15, 1998 of the Government on Ensuring Safety for Fishermen and Fishing Vessels Operating at Sea

to ensure safety for fishermen and fishing vessels operating at sea

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Pursuant to Decree No. 72/1998/NĐ-CP dated September 15, 1998 of the Government on ensuring safety for fishermen and fishing vessels operating at sea; after exchanging with relevant ministries, sectors, and People's Committees of coastal provinces, the Ministry of Fisheries hereby provides specific guidelines as follows:

I - INTERPRETATION OF TERMS:

Some terms in the Decree are understood as follows:

1. Offshore zone: is the sea area limited by the depth contour line of 30 meters water depth or more outward for the Gulf of Northern Vietnam, East-West South Vietnam, and the Gulf of Thailand, and the depth contour line of 50 meters water depth or more outward for the Central Vietnam region.

2. Nearshore zone: is the sea area limited by the depth contour line of 30 meters and 50 meters water depth inward for the aforementioned regions.

3. Offshore fishing vessel: is a fishing boat equipped with a motor engine of 90 horsepower or more and operating in offshore fishing areas.

II - REQUIREMENTS FOR FISHERMEN AND FISHING VESSELS OPERATING AT SEA AND RESPONSIBILITIES OF FISHERMEN:

1. Required documents: To be allowed to operate at sea, fishing vessels must have all the documents prescribed in Article 3 of Decree No. 72/1998/NĐ-CP. According to current state regulations and regulations of the Ministry of Fisheries, the issuance of such documents is regulated as follows:

1.1. Administrative registration documents include: "Certificate of Registration of Fishing Vessels," "Permit for Fishing Activities," and "Seaman's Logbook" are issued by the General Department of Aquatic Resources Protection or provincial Aquatic Resources Protection Departments for all fishing vessels.

These documents can only be issued after the owner has completed technical registration and obtained a certificate of technical safety for the vessel.

The division of responsibilities and levels in managing and issuing these documents have been stipulated by the Minister of Fisheries in the "Regulations on Registration of Fishing Vessels and Seamen" promulgated together with Decision No. 413 QĐ/BVNL dated April 1, 1996 of the Minister of Fisheries.

1.2. Technical registration documents:

Fishing vessels are only permitted to operate when they meet the technical safety standards set forth by the state and have been certified by the competent authority.

The agencies authorized to inspect technical safety (inspection) and issue certificates of technical safety for vessels are:

- The Vietnam Maritime Inspection Corporation under the Ministry of Transport, which inspects and issues "Certificates of Operational Capability" for fishing vessels with a designed waterline length over 20 meters; foreign fishing vessels regardless of size entering operations in Vietnam and Vietnamese fishing vessels operating abroad; and fishing vessels constructed from new materials.

- The General Department of Aquatic Resources Protection inspects and issues "Operational Capability Certificates" for domestic fishing vessels with a designed waterline length up to 20 meters and other fishing vessels upon delegation by the Vietnam Maritime Inspection Corporation pursuant to an agreement between the Ministry of Fisheries and the Ministry of Transport.

The division of responsibilities and levels in the inspection of fishing vessels' technical safety has been stipulated by the Ministry of Fisheries in Decision No. 211 TS/QĐ dated June 17, 1992 on the management of technical aspects and safety inspections of fishing vessels.

2. Safety equipment for fishermen and fishing vessels:

All fishing vessels must be equipped with safety equipment according to the current state regulations.

2.1. Fishing vessels with a designed waterline length greater than 20 meters and those engaged in offshore fishing operations before May 7, 1998, must be equipped according to the following Vietnamese standards:

- Fire prevention and extinguishing: TCVN 4007-85

- Life-saving equipment: TCVN 4018-85

- Signaling equipment: TCVN 4019-85

- Radio communication equipment: TCVN 4020-85

- Navigation equipment: TCVN 4021-85

Fishing vessels with a designed waterline length greater than 20 meters and those engaged in offshore fishing operations constructed after May 7, 1998, must be equipped according to the following Vietnamese standards:

- Fire detection, prevention, and extinguishing: TCVN 6529-5:1997

- Safety equipment standards for marine vessels (including life-saving equipment, signaling equipment, radio communication equipment, navigation equipment): TCVN 6278:1997

2.2. Fishing vessels with a designed waterline length up to 20 meters and those operating in nearshore waters must be equipped with minimum safety equipment according to the industry standard "28 TCN 91-90: Small Fishing Vessels - Safety Equipment."

3. Insurance for seafarers and vessels:

3.1. All seafarers on fishing vessels must have accident insurance before going to sea. The owner of the fishing vessel is responsible for purchasing full accident insurance for seafarers working on their vessel.

3.2. The owner of the fishing vessel is required to purchase hull insurance for vessels engaged in offshore fishing operations. It is encouraged to purchase hull insurance for vessels engaged in nearshore fishing operations.

4. Master of fishing vessels:

4.1. Regulations on Master and Chief Engineer licenses:

Masters and Chief Engineers of fishing vessels must hold appropriate licenses as follows:

- For fishing vessels with engine power less than 12 horsepower, there is currently no requirement for the Master and Chief Engineer to hold a license.

- For fishing vessels with engine power from 12 to less than 45 horsepower, the person in charge of the vessel and engine must hold a license for Small Coastal Fishing Vessel Master and Chief Engineer.

- For fishing vessels with engine power from 45 to less than 150 horsepower, the person in charge of the vessel and engine must hold a license for Class 5 Fishing Vessel Master and Chief Engineer.

- For fishing vessels with engine power from 150 to 400 horsepower, the person in charge of the vessel and engine must hold a license for Class 4 Fishing Vessel Master and Chief Engineer.

4.2. Responsibilities of the Master when departing and returning to port:

When departing and returning to port, the Master must report the following information:

- The content of the declaration when departing from the port includes: Name of the Ship Captain, name of the vessel, vessel registration number, place of registration, list of crew members on board, expected departure date, expected return date, and the anticipated fishing ground location.

- The content of the declaration upon returning to the port includes: Name of the Ship Captain, name of the vessel, vessel registration number, place of registration, list of crew members on board, and the arrival date at the port.

Ship Captains of individual and household fishing vessels must declare to the Fishery Port Authority, Border Guard Post or Station, or the People's Committee of the commune or ward where the vessel is moored (including vessels registered permanently in the locality or those that have moved from elsewhere).

Ship Captains of fishing vessels belonging to enterprises must declare their departure and return to the enterprise's General Director according to the above declaration content. In cases where it is impossible to contact the enterprise's General Director due to distance or other reasons, the Ship Captain must declare to the Fishery Port Authority, Border Guard Post or Station, or the People's Committee of the commune or ward where the vessel is moored.

5. Crew Members of Fishing Vessels:

5.1. Conditions:

- Must have a health certificate issued by the health authority of the district or province.

- Must be able to swim freely for a minimum of 50 meters. For crew members of households, this ability must be verified and confirmed by the Chairman of the People's Committee of the commune or ward; for crew members working for enterprises, this ability must be verified and confirmed by the enterprise's General Director.

5.2. "Fisherman's Logbook":

All crew members working on fishing vessels with engine power of 75 horsepower or more must attend a short training course on basic knowledge for operating at sea and obtain a "Fisherman's Logbook".

For crew members working on fishing vessels with engine power less than 75 horsepower, they may use their National Identity Card when at sea.

The procedures and documentation for obtaining a "Fisherman's Logbook" are stipulated in the regulations for registering fishing vessels and crew members issued together with Decision No. 413/QD-BVNL dated April 1, 1996 of the Ministry of Fisheries.

III- STATE MANAGEMENT OF FISHING ACTIVITIES:

Responsibilities of central ministries and agencies; of local People's Committees at all levels are defined in Articles 10, 11, and 12 of Decree No. 72/1998/NĐ-CP. Below are guidelines for reporting systems regarding the management of people and fishing vessels:

b) Agencies and organizations under the management of the district People's Committee that implement HIV/AIDS prevention and control activities report quarterly and annually on intervention activities to reduce harm, HIV testing counseling, HIV/AIDS prevention and control communication, methadone substitution therapy for opiate addiction treatment, antiretroviral therapy (ART) management, co-infection management between HIV and Tuberculosis and Hepatitis C, mother-to-child transmission prevention, pre-exposure prophylaxis (PrEP), and high-risk population counts according to corresponding forms specified in Appendices 2 and 3 attached to this Circular.

1.1. Number of vessels, number of crew members, and operational areas of vessels at sea or where the vessels are currently moored.

1.2. Losses in terms of human life and property caused by accidents or disasters such as tropical depressions, typhoons, whirlwinds, etc. (hereinafter referred to as typhoons).

2. Situations requiring reports:

2.1. Before the typhoon: When a typhoon is likely to make landfall in the area, report according to the content of 1.1 above for vessels currently operating at sea - in areas potentially affected by the typhoon.

Anticipate possible adverse scenarios, including the number of vessels that may not be able to reach safe harbor in time.

2.2. During the typhoon: Once the typhoon has made landfall in the local sea area, report according to the content of 1.1 above for vessels that have not yet reached safe harbor, and those requiring central or provincial rescue assistance.

2.3. After the typhoon: Summarize and report according to the content of 1.2 above.

Situations 2.1 and 2.2 must be reported quickly via radio, telephone, fax, or other rapid means to ensure timely handling by the receiving party.

3. Reporting and Receiving Authorities:

3.1. People's Committees of communes and wards, Border Guard Posts or Stations, or Fishery Port Authorities report to the People's Committee of the district, the People's Committee of the province, and the Provincial Fisheries Department.

3.2. General Directors of enterprises under local management report to the People's Committee of the province and the Provincial Fisheries Department.

3.3. The People's Committee of the province compiles and reports to the Prime Minister and the Ministry of Fisheries.

3.4. General Directors of enterprises directly under central ministries and agencies report to the respective central ministries and agencies and their direct superior management units.

3.5. Central ministries and agencies compile and report to the Prime Minister and send to the Ministry of Fisheries.

IV- IMPLEMENTATION:

To implement measures to ensure safety for people and fishing vessels operating at sea, the Ministry of Fisheries requests the following actions from relevant ministries, departments, provincial and municipal people's committees directly under the central government, and subordinate units of the ministry:

1. Disseminate and promote the contents of the decree and its guiding circular to organizations and individuals with fishing vessels operating at sea and the general public. Ensure that all organizations and individuals understand and strictly comply with these contents.

2. The Ministry of Fisheries will closely cooperate with related ministries and departments to issue additional guiding circulars on vessel inspection, typhoon warning signals, purchasing insurance for fishermen and fishing vessels, etc.

3. Provincial and municipal people's committees in coastal areas are responsible for organizing and directing the implementation of the decree and its guiding circular within their jurisdiction, based on their authority and responsibilities to issue specific regulations for the management of people and fishing vessels moored in their communes and wards.

4. Assign the Fisheries Resource Protection Agency to work with the Planning-Investment Department, the Finance-Accounting Department, and the Fisheries Department to research and develop a national program on "ensuring safety for people and fishing vessels operating at sea."

The objective of this program is to compile measures to minimize to the lowest extent possible the losses of life and vessels caused annually by storms in the fishing industry.

5. The Directors of Fisheries Departments, Agriculture and Rural Development Departments (in coastal areas) shall be responsible for directing subordinate units within their sectors, coordinating with relevant departments and People's Committees of districts, communes, wards to effectively carry out tasks ensuring safety for people and fishing vessels operating at sea.

The above is the guidance on some key points of the Government Decree on ensuring safety for people and fishing vessels operating at sea. In the course of implementation, if there are any difficulties, localities, units, and vessel owners should promptly report to the Ministry of Fisheries for study and amendment./.