Decree No. 102/2012/ND-CP on the organization and operation of Fisheries Surveillance

DECREE

Regarding the organization and operation of Kfishery

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Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Pursuant to the Law Tthe inspection force on November 26, 2003;

Pursuant to the Law Tinspection on November 15, 2010;

Pursuant to the Law Xử lý vi phạm hành chính ngày 20 tháng 6 năm 2012;

Pursuant to the Law Bof Vietnam dated June 21, 2012;

Pursuant toamendconsolidated documentNo. 209/UBTVQH13-PL dated November 18,June 2024;Article 7 numberamend1. During the period when Circular No. 08/2022/TT-BKHĐT and Circular No. 10/2022/TT-BKHĐT are suspended, the following legal documents and regulations continue to be effective:12 of DECREES:the Standing Committee of the National Assembly regarding the establishment of the Fisheries Inspection Force; lConsidering the proposal of the Minister of Agriculture and Rural Development

The Government promulgates this Decree on the organization and operation of Fisheries Inspection;

This Decree stipulates the functions, tasks, powers, and organization of Fisheries Inspection; the tasks, powers,,

PART I

GENERAL PROVISIONS

Article 1.perioda) Clause 1 Article 15 regarding accountability;

responsibilities of Fisheries Inspectors, Crew Members of Fisheries Inspection vessels; conditions for ensuring the operation of Fisheries Inspection; trrelations between Fisheries Inspection and other functional forces and the responsibility of state management over Fisheries Inspection.developmentThis Decree applies to state agencies, organizations, and individuals within the country; organizations and individualsNo.from foreign countries engaged in fisheries activities in Vietnam's maritime zones.

Article 2.No.The organization collecting the fee may retain ninety percent of the total collected fees to cover expenses as stipulated in Clause 2, Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; ten percent of the collected fees shall be paid into the State budget according to the corresponding chapter, section, and sub-section of the State Budget Classification.nationalThe amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

POSITION, FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF FISHERIES INSPECTION, Article 3. Position, functions of Fisheries Inspection

Chapter II

Fisheries Inspection is a specialized force of the State under the General Department of Fisheries, which is directly under the Ministry of Agriculture and Rural Development, performing the function of patrolling, inspecting, supervising, detecting, and handling violations of laws and conducting specialized inspections in fisheries in Vietnam's maritime zones.

Article 4. Tasks, powers of Fisheries InspectioncouncillORS Advising, proposing, and participating in building mechanisms, policies, and legal documents regulating

fisheries inspection work according to the division of labor.

Patrolling, inspecting, supervising, auditing, detecting, and handling violations of laws related to fisheries in Vietnam's maritime zones as prescribed by law.

1. Imposing administrative penalties and applying preventive measures against violations of fisheries laws by domestic and foreign organizations and individuals engaged in fisheries activities in Vietnam's maritime zones.on Requesting relevant agencies, organizations, and individuals to provide necessary information and materials for patrolling, inspecting, supervising, auditing, detecting, and handling violations of laws related to fisheries.developmentPromoting and disseminating Vietnamese and international laws on fisheries; guiding fishermen and organizations and individuals operating in Vietnam's maritime zones to comply with legal regulations on fisheries.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

2. Participating in disaster prevention and response operations and coordinating search and rescue operations; participating in protecting national sovereignty, sovereign rights, and jurisdictional rights over maritime zones according to the provisions of law.

3. Participating in international cooperation activities on fisheries in accordance with international treaties that Vietnam has signed or joined.

4. Cooperating with relevant agencies and organizations to organize training and professional development for Fisheries Inspectors, civil servants, employees, and Crew Members of Fisheries Inspection vessels.

5. Conducting specialized audits and other tasks assigned by law.developmentArticle 5. Organizational structure of the Fisheries Inspection agency

6. The Fisheries Inspection Bureau is an agency under the General Department of Fisheries, directly under the Ministry of Agriculture and Rural Development.

7. The Fisheries Inspection Bureau has Regional Fisheries Inspection Branches, specialized departments, and public service units.

8. To take the lead and coordinate with relevant ministries and agencies to inspect the management and use of funds for purchasing and transporting, distributing rice to localities.nationalThe Fisheries Inspection Bureau and Regional Fisheries Inspection Branches have legal personality, their own headquarters, seals, and bank accounts at the State Treasury.

9. The Minister of Agriculture and Rural Development shall stipulate the functions, tasks, powers, and organizational structure of the Fisheries Inspection Bureau.

A Fisheries Inspector is a civil servant appointed to the Fisheries Inspector rank to perform fisheries inspection duties.

1. Fisheries Inspectors are issued with Fisheries Inspection Cards, uniforms, and specialized equipment.

The Fisheries Surveillance Service has Fisheries Surveillance Branches by Region, specialized departments, and public service units.

2. The Fisheries Surveillance Service and Fisheries Surveillance Branches by Region have legal personality, have headquarters, seals, and are entitled to open accounts at the State Treasury.

3. The Minister of Agriculture and Rural Development shall stipulate the functions, tasks, powers, and organizational structure of the Fisheries Surveillance Service.

Chapter III

Is a professional civil servant in fisheries inspection agencies, assisting agency leadership in organizing and implementing patrol, inspection, supervision, violation handling, and specialized fishery inspection tasks on Vietnam's maritime areas within their jurisdiction.

Article 6. Fisheries Surveillance Officer

1. A fisheries surveillance officer is a civil servant appointed to the fisheries surveillance officer rank to perform fisheries surveillance duties.

2. Fisheries surveillance officers are issued with a Fisheries Surveillance Card, uniforms, and specialized equipment.

Article 7. Crew Members of Fisheries Surveillance Vessels

1. Crew members of Fisheries Surveillance Vessels include:

a) Civil servants appointed to the position of Crew Member of Fisheries Surveillance Vessel;

b) Other individuals working on Fisheries Surveillance Vessels under labor contracts.

2. Crew members of Fisheries Surveillance Vessels shall be provided with uniforms.

3. The Minister of Agriculture and Rural Development shall stipulate the duties, responsibilities, and authorities of Crew Members of Fisheries Surveillance Vessels.

Article 8. Authorities and Responsibilities of Fisheries Inspectors

1. Requesting relevant agencies, organizations, and individuals to provide necessary information and documents for patrol, inspection, supervision, audit, detection, and handling of violations of fisheries laws.

2. Imposing administrative penalties and applying measures to prevent administrative violations as prescribed by law.h Using support equipment, specialized devices when performing official duties as prescribed by law.

3. Wearing uniforms, insignia, badges, and emblems of Fisheries Surveillance when performing official duties as prescribed.

4. Exercising the authority of auditors according to the regulations on auditing.

5. CONDITIONS TO ENSURE THE OPERATIONS OF FISHERIES SURVEILLANCE

Chapter IV

Article 9. Policies and Benefits for Fisheries Inspectors and Crew Members of Fisheries Surveillance Vessels

Fisheries Inspectors shall enjoy salary, seniority allowances, responsibility allowances according to their profession, and other allowances as prescribed by law.ớCrew Members of Fisheries Surveillance Vessels shall enjoy salary, preferential allowances according to their profession, and other compensation benefits as prescribed by law.

1. If Fisheries Inspectors and Crew Members of Fisheries Surveillance Vessels are injured or killed while performing their duties, they shall be recognized as war invalids or martyrs and entitled to benefits and policies as prescribed by law.inArticle 10. Uniforms and Equipment of Fisheries Surveillance

2. The uniforms of Fisheries Surveillance shall be supplied annually by the State as prescribed by law. rockFisheries Surveillance shall be equipped with specialized communication devices; special-purpose means and equipment; necessary defensive tools and implements to perform tasks as prescribed by law.

3. The Minister of Agriculture and Rural Development shall detail the provisions regarding the uniforms of Fisheries Surveillance.ỹ Article 11. Fisheries Surveillance Vessels

Fisheries Surveillance Vessels are official vessels of the Fisheries Surveillance agency, serving patrol, inspection, supervision, audit, detection, and handling of violations of fisheries laws; search and rescue at sea; supporting fishermen; protecting national sovereignty, sovereign rights, and jurisdiction over maritime zones and other tasks of Fisheries Surveillance.

1. The Minister of Agriculture and Rural Development shall stipulate the paint color, number, standards, and operational quotas of Fisheries Surveillance Vessels.

2. Article 12. Sources of Funding to Ensure Operationsdevelopment Investment capital and operating funds for Fisheries Surveillance shall be allocated from the state budget and other sources as prescribed by law.

3. COOPERATION RELATIONSHIPS BETWEEN FISHERIES SURVEILLANCE AND RELATED FORCES

Article 13. Principles of Cooperation

1. In accordance with the functions, tasks, and authorities of each agency and force prescribed by law, avoiding overlap and ensuring the unity of specialized state management.developmentProactively and promptly, ensuring centralized and unified command to create comprehensive strength to protect national sovereignty, national security in maritime areas, protect fishermen, and protect fishery resources.

2. The Minister of Agriculture and Rural Development shall stipulate the paint color, number, standards, and operational quotas for Fisheries Surveillance vessels.developmentProactively and promptly, ensuring centralized and unified command to create comprehensive strength to protect national sovereignty, national security in maritime areas, protect fishermen, and protect fishery resources.

Article 12. Sources of Funding for Operations

Investment capital and operating funds for fisheries surveillance are allocated from the state budget and other sources as prescribed by law.No. from the state budget and other sources of funds in accordance with the provisions of the law.

Chapter V

COOPERATION RELATIONS BETWEEN FISHERIES SURVEILLANCE AND RELATED FORCES

Article 13. Principles of Cooperation

1. In accordance with the functions, tasks, and powers prescribed by law for each agency and force, without overlap, and ensuring the unity of specialized state management.

2. Proactively, promptly, ensuring centralized and unified direction and control to create comprehensive strength to protect national sovereignty and security in maritime areas, protect fishermen, and conserve aquatic resources.

Article 14. Content of Coordination

1. Exchange of information and documents.

2. Drafting, promulgating, or submitting to competent authorities for issuance of legal documents on Fisheries Surveillance.

3. Patrol, inspection, supervision, detection, andđổ handling violations of laws related to fisheries.

4. Protecting fishermen, safeguarding national sovereignty, and security in Vietnam's maritime zones.

5 .Propaganda, dissemination, and education on laws related to fisheries for organizations and individuals operating at sea; protecting state assets, lives, and property of people and vessels engaged in fisheries activities in Vietnam's maritime zones.

6. Search and rescue, salvage operations, and remediation of incidents at sea; protection of fishery resources, prevention, and control of marine environmental pollution.

7. Permitting officials from other agencies or forces to board vessels to perform tasks when requested.

8. Implement international cooperation activities.

9. Training, instruction, and professional development.

10. Other coordination activities related to Fisheries Surveillance.shall related to fisheries surveillance.

Article 15. Mobilization lForces and equipment

1. In urgent situations requiring reinforcement of forces and equipment to promptly prevent violations of laws related to fisheries, the Minister of Agriculture and Rural Development issues mobilization orders, requests the Ministers of relevant ministries and the Chairpersons of provincial People's Committees to mobilize forces and equipment to prevent such violations; the Director of the Fisheries Administration issues mobilization orders for forces and equipment of the agency tasked with conducting inspections, supervision, and protection of fishery resources in local areas. quary assigned to carry out inspection, supervision, and protection of aquatic resources in localities.developmentEstablishing professional standards for fisheries surveillance officer ranks and patrol vessel crew members.

The Director of the Fisheries Surveillance Service is responsible for implementing mobilization orders.

2. Organizations and individuals mobilized must comply with mobilization orders issued by authorized persons..

3. Agencies implementing mobilization orders must settle costs for organizations and individuals mobilized according to legal regulations.

Chapter VI

STATE MANAGEMENT OF FISHERIES SURVEILLANCE

Article 16. Responsibilities of the Ministry of Agriculture and Rural Development

1. Is responsible before the Government for managing, leading, and directing the Fisheries Surveillance force.

2. Drafting, reviewing, amending, supplementing, submitting to competent authorities for issuance, or issuing within its authority legal normative documents on Fisheries Surveillance; taking the lead and coordinating with relevant ministries to draft, issue, or submit to competent authorities for issuance specific mechanisms for coordination between Fisheries Surveillance and other related forces.

3. Taking the lead and coordinating with the Ministry of Home Affairs to determine job positions, build staffing plans for Fisheries Surveillance officials, and submit to competent authorities for decision-making according to legal regulations on civil service management; drafting professional standards for Fisheries Surveillance officers and patrol boat crew members. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Collaborating with the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to submit to the Prime Minister for consideration and decision on the construction of fisheries surveillance vessels.

4. Taking the lead and coordinating with the Ministry of Planning and Investment, the Ministry of Finance, and related agencies to submit to the Prime Minister for consideration and decision regarding the construction of Fisheries Surveillance vessels.No.coordinate with the Ministry of Kpolicies The Minister of Agriculture and Rural Development shall take the lead, collaborate with relevant ministries and sectors to guide the implementation of this Decree.

5. Coordinate with relevant ministries, sectors, and localities to guide domestic media outlets in reporting on the external activities of state leaders, the Ministry of Foreign Affairs, and international situations related to external affairs;ìCoordinating with the Ministry of Finance to guide the management and use of operational funds for Fisheries Surveillance and the settlement of costs for agencies implementing mobilization orders issued by authorized persons.

6. Directing uniformly on professional matters concerning Fisheries Surveillance; directing inspections and supervision of Fisheries Surveillance activities.

7. Directing and inspecting the management and issuance of uniforms, insignia, badges, flags, signs, and identification cards for Fisheries Surveillance officers; equipment serving Fisheries Surveillance activities; administrative penalty seals according to legal regulations.

8. Directing the training and development of human resources for Fisheries Surveillance.

9. Ensuring funding for Fisheries Surveillance to fulfill assigned functions and tasks.

Article 17. Responsibilities of Relevant Ministries, Sectors, and Provincial People's Committees

1. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and other relevant agencies to submit to the competent authority for decision on the staffing quota for the Fisheries Inspection Service; define the rank and code of Fisheries Inspector and Fisheries Vessel Crew Member as civil servants; submit to the Prime Minister for the regulation of allowances and supplementary benefits for Fisheries Inspectors and Fisheries Vessel Crew Members.rime Minister cThe Ministry of National Defense shall direct the Navy, Border Guard, and Coast Guard forces to cooperate and support Fisheries Inspection in accordance with the provisions of the law.

2. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Agriculture and Rural Development to specify the detailed regulations on the provision, management, and use of auxiliary tools and specialized equipment serving the functions and tasks of Fisheries Inspection.nationalThe Ministry of Finance shall ensure the operating funds for Fisheries Inspection in accordance with the provisions of the State Budget Law.

3. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Agriculture and Rural Development to specify the detailed regulations regarding the entitlement to benefits under the policy for war invalids and martyrs for Fisheries Inspectors and Fisheries Vessel Crew Members if they are injured or killed in cases already stipulated by the Preferential Treatment Ordinance for Persons Contributing to the Revolution.

4. The Ministry of Foreign Affairs shall coordinate with the Ministry of Agriculture and Rural Development in international cooperation related to the activities of Fisheries Inspection.councillORSRelevant ministries, sectors, and provincial people's committees shall have the responsibility to coordinate with the Ministry of Agriculture and Rural Development to implement the tasks of Fisheries Inspection in accordance with the provisions of the law.

5. This Decree shall take effect from January 25, 2013. qThe Minister of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.inMinisters, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial people's committees under the central government, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.

6. The Ministry of Foreign Affairs shall cooperate with the Ministry of Agriculture and Rural Development in international cooperation related to fisheries surveillance activities.

7. Ministries, sectors, provincial People's Committees have the responsibility to coordinate with the Ministry of Agriculture and Rural Development to implement fisheries surveillance tasks as prescribed by law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Decree takes effect from January 25, 2013.

Article 19. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall take the lead, collaborate with relevant ministries and sectors to guide the implementation of this Decree.No.coordinate with relevant ministries and sectors to guide the implementation of this Decree.

2. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial-level People's Committees, relevant agencies, organizations, and individuals are responsible for implementing this Decree./.