Circular No. 06/2006/TT-BTS guiding the implementation of certain contents in Decision No. 126/2005/QD-TTg dated June 1, 2005 of the Prime Minister on some policies to encourage the development of aquaculture on the sea and islands.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decision No. 126/2005/QD-TTg dated June 1, 2005 of the Prime Minister on Certain Policies to Encourage the Development of Aquaculture in Marine Areas and Islands

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 Fisheries Administration;
Pursuant to Decision No. 126/2005/QD-TTg dated June 1, 2005 of the Prime Minister on Certain Policies to Encourage the Development of Aquaculture in Marine Areas and Islands (hereinafter referred to as Decision No. 126/2005/QD-TTg), the Ministry of Aquatic Resources hereby provides guidelines for implementing the Decision as follows:

I. CERTAIN POLICIES TO ENCOURAGE THE DEVELOPMENT OF AQUACULTURE IN MARINE AREAS AND ISLANDS

1. Creating Conditions for Granting and Leasing Sea Surface and Land on Islands:

Organizations, households, and individuals with the need to use sea surface and land on islands for developing aquaculture (referred to as aquaculture):

- The granting and leasing of sea surface shall be carried out in accordance with Articles 10, 11, 12, and 13 of Decree No. 27/2005/NĐ-CP dated March 8, 2005 of the Government detailing and guiding the implementation of certain provisions of the Fisheries Law (referred to as Decree No. 27/2005/NĐ-CP) and other current regulations.

- In cases where land on islands is granted or leased for aquaculture purposes, it shall be implemented in accordance with the provisions of the Land Law. Given that there are limited lands on islands suitable for aquaculture and located in particularly difficult areas, when granting or leasing land on islands, competent authorities at provincial levels shall base their decisions on the land fund on islands, the scale of each project, and prioritize granting land to projects constructing rescue centers, disaster relief centers, typhoon shelters, communication centers, fishery service centers, and fishing ports according to approved planning to grant and lease appropriate land areas.

2. Enjoying Investment Incentive Policies:

Investment projects in aquaculture within the scope regulated and applicable subjects under Article 1 of the Fisheries Law and Decision No. 126/2005/QD-TTg in areas with particularly difficult socio-economic conditions shall enjoy the following policies:

- Ensuring investment as provided for in Articles 6 to 12 of Chapter II on Investment Guarantee of the Law on Investment, such as ensuring capital and assets; protecting intellectual property rights; opening markets related to trade; ensuring investment in case of changes in laws and policies; resolving disputes.

- Enjoying tax incentives as provided for in Article 33 and land use incentives as provided for in Article 36 of the Investment Law and other relevant legal provisions.

- Receiving investment support such as technology transfer in accordance with Article 40 of the Investment Law and provisions at points 2 and 3 of Section A of Article 3 of Decision No. 126/2005/QD-TTg regarding support for projects importing pure strains of valuable and rare marine species, new production technologies, and applying advanced techniques and technologies in seed production and aquaculture; simultaneously receiving financial support for transferring owned technologies to other production facilities.

- Being supported by local People's Committees using local budgets to subsidize interest rates on loans for aquaculture projects; poor households can borrow from the Social Policy Bank in accordance with current regulations.

- Receiving training and technical training to improve skills and apply new technologies in seed production and aquaculture.

- Receiving incentives in cases where the State recovers sea surface areas or voluntarily returns them in accordance with point d, e of Clause 1, Article 29 of the Fisheries Law, and shall enjoy benefits as provided for in points a, b, c, d of Clause 2, Article 14 of Decree No. 27/2005/NĐ-CP and other relevant legal provisions.

II. ON INVESTMENT FROM THE STATE BUDGET

1. Aquaculture projects, infrastructure construction projects, and investment and support projects specified in Article 3 of Decision No. 126/2005/QD-TTg must establish feasibility studies, environmental impact reports, and be included in approved master plans.

2. The central budget will only invest in the overall planning of marine aquaculture nationwide and support projects specified in points 2, 3, 4, and 5 of Section A of Article 3 of Decision No. 126/2005/QD-TTg.

3. Local Budget Investment:

- Developing regional aquaculture planning in marine areas and islands. Provinces that have not yet developed aquaculture planning should urgently carry out such planning; provinces that have already developed planning but find it necessary to review and supplement it should continue to develop it to align with local economic development and the overall national aquaculture planning.

- Constructing essential infrastructure for marine farming areas including electricity, buoy systems, boundary lights, anchoring systems for cages and rafts. Based on the actual situation of each marine farming area and island, provincial authorities should coordinate and integrate with other programs and projects such as marine conservation areas, navigation, tourism, fishery resource protection, typhoon shelters, and road construction on islands to ensure a synchronized and robust infrastructure, effectively utilizing project areas, and minimizing state financial losses.

4. Fishery Promotion Budget:

The central government allocates funds to the National Fisheries Promotion Center, while local governments allocate funds to provincial fisheries promotion management for fishery promotion activities. The specific content and expenditure levels for central and local fishery promotion activities shall be implemented in accordance with Circular No. 30/2006/TTLT-BTC-BNN&PTNN-BTS dated April 6, 2006, on Guidelines for Managing and Using Public Funds for Agricultural and Fishery Promotion Activities and other current regulations.

5. The establishment, decision-making on budget allocation, payment, and settlement for state budget support for aquaculture shall be carried out in accordance with the State Budget Law and other guiding regulations.

III. ENCOURAGE ORGANIZATIONS AND INDIVIDUALS TO INVEST IN THE CONSTRUCTION OF INFRASTRUCTURE FOR LARGE AQUACULTURE AREAS FOR NTTHS OR FOR OTHER ORGANIZATIONS AND INDIVIDUALS TO RENT BACK THE WATER SURFACE AREA THAT HAS BEEN INVESTED IN INFRASTRUCTURE... (CLAUSE 2, ARTICLE 2)

Provincial People's Committees shall base on the potential of marine water for aquaculture in their localities, the need to build infrastructure, and the total investment amount for large-scale aquaculture areas to negotiate with investors to decide to exchange marine water for infrastructure in aquaculture areas serving marine aquaculture.

IV. IMPLEMENTATION

1. Units under the Ministry of Fisheries

BASED ON THEIR FUNCTIONS AND TASKS TO IMPLEMENT DECISION NO. 126/2005/QĐ-TTg:

- The Institute of Fisheries Economics and Planning shall take the lead in coordinating with relevant agencies at the central level and coastal provinces to urgently carry out planning to complete the national aquaculture planning as soon as possible.

- The Aquaculture Department shall perform the state management function of guiding and managing aquaculture.

- The Science and Technology Department shall consider investing in supporting projects to import pure strains, production technology, applying new technological advancements in breeding and aquaculture.

- The Organization and Cadre Department shall be responsible for annually developing plans to train scientific and technical staff to research and apply new technologies in breeding and aquaculture.

- The Planning and Finance Department shall annually develop financial plans, work with the Ministry of Planning and Investment and the Ministry of Finance to allocate funds for fishery promotion, research, support projects, and training staff to serve aquaculture.

- The Research Institutes of Aquaculture I, II, and III shall conduct research on producing rare and high-quality aquatic species, production technology for feed, disease prevention and control technology, commercial marine farming technology, environmental monitoring, technology transfer, and collaborate with technical training institutions to serve aquaculture.

- The National Fisheries Extension Center must develop annual extension programs, coordinate with mass media organizations to organize publicity and guidance on aquaculture; combine and direct provincial fisheries extension activities to organize visits for investors both domestically and internationally, provide knowledge enhancement, technical training to improve skills, establish demonstration models, and support funding for extension activities.

- The General Department of Quality Management, Veterinary Services, and Aquatic Products shall direct inspection bureaus to check: Conditions for production and business, circulation of veterinary drugs for aquatic products; quality, transportation, import and export of seedlings, feed, veterinary drugs for aquatic products; heavy metal residues and banned antibiotic residues, and food safety in aquaculture products.

2. Departments of Fisheries, Departments of Agriculture and Rural Development (with fisheries management functions) shall base on their functions and tasks to organize and direct the implementation of the contents of Decision No. 126/2005/QĐ-TTg and this Circular, annually prepare financial plans to work with the Department of Finance and Planning and Investment to request provincial people's committees to allocate funds; Approve and invest in projects and activities for fishery promotion to serve aquaculture.

3. This Circular shall take effect 15 days from the date of publication in the Official Gazette.

During the implementation process, if there are difficulties, provinces and investors shall promptly reflect them to the Ministry of Fisheries for review, adjustment, and supplementation to ensure appropriateness.