Decree No. 107/2005/NĐ-CP On the organization and operation of Fisheries Inspection

DECREE

On the organization and operation of Fisheries Inspection

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Fisheries Law on November 26, 2003;

Pursuant to the Inspection Law dated June 15, 2004;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

At the proposal of the Minister of Fisheries,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Position and functions of Fisheries Inspection

Fisheries Inspection is organized at the central level under the Ministry of Fisheries and at the local level under the Department of Fisheries or Departments with the function of assisting provincial People's Committees or centrally governed city People's Committees in managing fisheries affairs; it performs administrative inspection and specialized inspection functions within the scope of state management over fisheries.

Article 2. Objects of Fisheries Inspection

1. Organizations and individuals under the management of state agencies responsible for fisheries.

2. Vietnamese organizations and individuals and foreign organizations and individuals participating in fisheries activities in Vietnam. In cases where international treaties to which Vietnam is a party provide different provisions from those stipulated in this Decree, the provisions of such international treaties shall apply.

Article 3. Principles of operation of Fisheries Inspection

1. The operation of Fisheries Inspection must comply with the law, ensuring accuracy, objectivity, transparency, democracy, and timeliness; it must not hinder the normal operations of inspected organizations and individuals.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the leader of the inspection team, and the inspectors must strictly adhere to the legal regulations on inspection and the provisions of this Decree; they must be accountable under the law for their actions and decisions.

Chapter II
ORGANIZATION, DUTIES, AND POWERS OF FISHERIES INSPECTION

Article 4. Fisheries Inspection agencies

1. Fisheries Inspection agencies include:

a) The Fisheries Inspection agency under the Ministry of Fisheries, referred to as the Ministry Inspection;

b) The Fisheries Inspection agency under the Department of Fisheries, referred to as the Department Inspection.

For Departments with the function of assisting provincial People's Committees or centrally governed city People's Committees in managing fisheries affairs, Fisheries Inspection is part of the organizational structure of the Department Inspection.

2. The Ministry Inspection and the Department Inspection have their own seals and bank accounts.

Article 5. Inspectorate Department

1. The Ministry Inspection is an agency of the Ministry of Fisheries, assisting the Minister of Fisheries in state management of inspection work, performing the duties and powers of administrative inspection and specialized inspection in fields within the scope of the Ministry of Fisheries' state management.

The Ministry Inspection is directly guided by the Minister of Fisheries, while also being guided and instructed on inspection work, organization, and procedures by the Government Inspectorate.

2. The Ministry Inspection has a Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Ministry Inspection is appointed, relieved, or dismissed by the Minister after consultation with the Chief Inspector General. Deputy Chief Inspectors of the Ministry Inspection are appointed, relieved, or dismissed by the Minister upon the recommendation of the Chief Inspector of the Ministry Inspection.

3. The Ministry Inspection has subordinate departments established by the Minister of Fisheries.

4. The Minister of Fisheries decides specifically on the functions, tasks, organizational structure, and staffing of the Ministry Inspection based on the specific characteristics of the fisheries sector.

Article 6. Tasks and powers of the State Audit Office

1. Implementing the tasks and powers prescribed in Article 54, Article 55 of the Fisheries Law and Article 25 of the Inspection Law.

2. Managing the activities of specialized fisheries inspection; organizing training and further education in specialized inspection procedures for Inspectors and cooperating Inspectors of Fisheries Inspection.

3. Leading or participating in drafting normative legal documents related to the organization and operation of Fisheries Inspection for the Minister to issue according to his authority or to submit to competent authorities for issuance. Participating in drafting other normative legal documents assigned by the Minister.

4. Monitoring, inspecting, and urging the implementation of conclusions, recommendations, and decisions on handling inspection work, administrative penalty decisions made by the Ministry Inspection.

5. Summoning Inspectors from Departments to participate in inspection teams; requesting relevant agencies and units to dispatch officials and civil servants to join inspection teams.

6. Recommending competent state authorities to suspend or revoke regulations that contravene national laws or specialized fisheries laws issued by the Ministry of Fisheries.

Article 7. Tasks and powers of the Head of the State Audit Office

1. Implementing the tasks and powers prescribed in Article 26 of the Inspection Law.

2. Directing and guiding inspection work for the Ministry Inspection; directing and instructing specialized inspection procedures for the Department Inspection.

3. Developing annual inspection and supervision programs for the Ministry Inspection, submitting them to the Minister for approval, and organizing their implementation.

4. Recommending the Minister to coordinate with other Ministries, sectors, and provincial People's Committees to resolve overlapping inspection and supervision issues concerning agencies and units under the Ministry's jurisdiction.

5. Monitoring, inspecting, and urging the implementation of conclusions, recommendations, and decisions on handling inspections within the responsibility of heads of agencies and units under the Ministry's jurisdiction.

6. Inspecting the responsibilities of heads of agencies and units under the Ministry in implementing laws on inspection; inspecting the responsibilities of Department Directors in organizing and directing specialized inspection activities.

7. Reporting to the Minister and the Chief Inspector General on inspection work within their respective responsibilities.

Article 8. Department Inspection

1. The Department Inspection is an agency of the Department, responsible for assisting the Department Director in performing inspection duties and powers within the scope of the Department Director's responsibilities.

The Department Inspection is directly guided by the Department Director, while also being guided and instructed on administrative inspection work by the Provincial Inspectorate and on specialized inspection procedures by the Ministry Inspection.

2. The Department Inspection has a Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Department Inspection is appointed, relieved, or dismissed by the Department Director after consultation with the Chief Inspector of the Province; Deputy Chief Inspectors of the Department Inspection are appointed, relieved, or dismissed by the Department Director upon the recommendation of the Chief Inspector of the Department Inspection.

3. Based on the requirements and tasks of specialized fisheries management at the local level, provincial People's Committees or centrally governed city People's Committees specify the organization, staffing, and activities of specialized fisheries inspection in accordance with guidelines from the Ministry of Fisheries and the Ministry of Home Affairs.

Article 9. Duties and Powers of the Department Inspection

1. Perform the tasks and powers stipulated in Article 54, Article 55 of the Fisheries Law and Article 28 of the Inspection Law.

2. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on administrative penalties issued by the Department's Inspection regarding inspection work and administrative violations.

3. Request relevant agencies and units to assign officials and civil servants to participate in inspection teams.

4. Recommend to competent state authorities to suspend the enforcement or revoke provisions that contravene national laws or specialized fisheries laws issued by the Ministry of Fisheries.

Article 10. Duties and Powers of the Head of the Department's Inspection

1. Perform the duties and powers stipulated in Article 29 of the Inspection Law.

2. Lead and direct inspection activities within the Department's Inspection.

3. Develop annual inspection programs and plans for the Department's Inspection, submit them to the Director of the Department for approval, and organize their implementation.

4. Recommend to the Director of the Department to coordinate with provincial competent authorities to resolve overlaps between inspection and supervision teams targeting departments and units under the Department’s management.

5. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on administrative penalties issued by the Department's Inspection.

6. Inspect the responsibility of heads of departments and units under the Department’s management in implementing laws related to inspection.

7. Report to the Director of the Department, the Head of Provincial Inspection, and the Head of Ministry Inspection on inspection activities within their scope of responsibility.

Chapter III
INSPECTORS AND ASSISTANT INSPECTORS FOR FISHERIES INSPECTION

Article 11. Fisheries Inspector

1. A fisheries inspector is a civil servant appointed to the position of inspector to perform inspection duties.

2. A fisheries inspector must meet the general standards for inspectors as stipulated in Article 31 of the Inspection Law and other conditions and standards prescribed by the Minister of Fisheries.

3. A fisheries inspector has duties and powers as provided for in Articles 40 and 50 of the Inspection Law.

4. The appointment, removal, and benefits for fisheries inspectors shall be carried out in accordance with the law.

Article 12. Assistant Inspector for Fisheries Inspection

1. In inspection activities, fisheries inspection agencies have the right to summon assistant inspectors.

2. An assistant inspector for fisheries inspection is a person with appropriate expertise and qualifications for inspection tasks, summoned to conduct inspections or hired under labor contracts to permanently reside at certain locations to perform specific specialized inspection tasks assigned by the fisheries inspection agency.

Assistant inspectors permanently stationed at a specific location must undergo specialized inspection training.

3. Standards, benefits, responsibilities of assistant inspectors for fisheries inspection, and the procedure for summoning assistant inspectors for fisheries inspection shall be implemented in accordance with the law on assistant inspectors and regulations prescribed by the Minister of Fisheries.

Chapter IV
ACTIVITIES OF FISHERIES INSPECTION

Article 13. Administrative Inspection Activities

The content, procedures, and formalities for conducting administrative inspections shall be carried out in accordance with the provisions from Article 34 to Article 44 of the Inspection Law and guiding documents for the Implementation of the Inspection Law.

Article 14. Content of Specialized Inspection Activities

Inspections, checks, and administrative penalties for compliance with procedures, norms, technical standards, production and business conditions, and other legal provisions concerning fisheries activities, including:

1. Regulations on the management and protection of fishery resources.

2. Regulations on fishing vessel management, registration, inspection, and ensuring safety for people and vessels operating at sea.

3. Regulations on aquaculture management.

4. Regulations on aquatic animal health management.

5. Regulations on product quality and food safety.

6. Regulations on production and business conditions for fisheries-related industries.

7. Other legal provisions related to fisheries activities within the administrative penalty jurisdiction of fisheries inspection.

Article 15. Procedures and Formalities for Conducting Specialized Inspections

1. Procedures and formalities for conducting specialized inspections shall be carried out in accordance with the provisions from Article 45 to Article 52 of the Inspection Law and guiding documents for the Implementation of the Inspection Law.

2. Procedures and formalities for imposing administrative penalties in the fisheries sector shall be carried out in accordance with the law on administrative offenses.

Chapter V
UNIFORMS, BADGES, SIGNS, RANK BADGES, FLAGS
TECHNICAL MATERIAL AND FINANCIAL RESOURCES FOR ACTIVITIES
FOR FISHERIES INSPECTION

Article 16. Uniforms, badges, signs, rank badges, flags

1. Fisheries inspection is granted separate uniforms, badges, signs, rank badges, and flags.

It is strictly prohibited for organizations and individuals not belonging to the fisheries inspection force to use the uniforms, badges, signs, and flags of fisheries inspection or similar items causing confusion with fisheries inspection.

2. The Minister of Fisheries shall coordinate with the General Inspector to specify standards, quotas, models, and colors for the uniforms, badges, signs, rank badges, and flags of fisheries inspection.

Article 17. Technical Infrastructure

1. Fisheries inspection is equipped with office premises, patrol vehicles, communication devices, support tools, weapons for self-defense, and other technical equipment necessary for inspection work.

2. The Minister of Fisheries shall specify detailed technical equipment quotas; coordinate with the Ministry of Public Security and the Ministry of Defense to regulate the provision, management, and use of support tools and weapons.

Article 18. Operating Budget

1. The operational budget of fisheries inspection is funded from the state budget and other sources as prescribed by law.

2. The allocation, management, and use of funds shall comply with the law.

3. The Minister of Finance shall lead and coordinate with the Minister of Fisheries to provide guidance on the allocation, management, and use of the operational budget of fisheries inspection.

Chapter VI
RESPONSIBILITIES AND RELATIONSHIPS OF ORGANIZATIONS,
INDIVIDUALS IN FISHERIES INSPECTION ACTIVITIES

Article 19. Responsibilities of Heads of State Management Agencies for Fisheries

1. The Minister of Fisheries shall be responsible for organizing and directing the activities of fisheries inspection within the scope of the Ministry's state management; improving the organizational structure of the Ministry's Inspection Department; regularly directing and ensuring conditions for the operation of the Ministry's Inspection Department; promptly handling conclusions and recommendations of the Ministry's Inspection Department.

2. The Director of the Fisheries Department, which assists the People's Committee of the province or centrally governed city in state management of fisheries, shall be responsible for advising the Chairman of the People's Committee of the province or centrally governed city to improve the organizational structure of the Department's Inspection Department; regularly directing and ensuring conditions for the operation of the Department's Inspection Department; promptly handling conclusions and recommendations of the Department's Inspection Department.

Article 20. Responsibilities of organizations and individuals subject to inspection and of agencies, organizations, and individuals related thereto

1. Organizations and individuals subject to inspection shall have responsibilities, rights, and obligations as prescribed in Articles 8, 53, and 54 of the Inspection Law.

2. Agencies, organizations, and individuals having information and documents related to the content of the inspection shall provide them fully and promptly according to the requirements of the inspection agency and shall bear responsibility for the accuracy and truthfulness of the provided information and documents.

Article 21. Coordination relations in fisheries inspection activities

1. The Ministry's Inspection Department shall be under the direction and guidance of the Government Inspectorate regarding inspection work, organization, and inspection procedures; shall be responsible for guiding specialized inspection procedures for the Department's Inspection Department; guiding or chairing joint inspections among departments; guiding and inspecting internal inspection work.

2. The Department's Inspection Department shall be under the direction and guidance of the provincial Government Inspectorate regarding administrative inspection work and procedures, and under the direction and guidance of the Ministry's Inspection Department regarding specialized inspection work and procedures; shall be responsible for assigning inspectors to participate in inspections organized by the Ministry's Inspection Department or organizing surprise inspections at the request of the Ministry's Inspection Department.

3. Fisheries inspection agencies within their respective duties and authorities shall be responsible for coordinating with public security agencies, border guards, maritime police, other specialized inspection agencies, People's Committees at all levels, and related agencies and organizations in preventing, detecting, and handling violations of laws generally and in fisheries activities specifically.

4. Public security agencies, border guards, maritime police, other specialized inspection agencies, People's Committees at all levels, and related agencies and organizations within their respective duties and authorities shall be responsible for coordinating with fisheries inspection agencies in preventing, detecting, and handling violations of laws in fisheries activities.

Chapter VII
REWARD AND VIOLATION HANDLING

Article 22. Awards

Organizations and individuals who achieve outstanding results in fisheries inspection activities shall be rewarded in accordance with the provisions of the law.

Article 23. Handling Violations

1. Any person obstructing, offering bribes, retaliating against those performing inspection tasks, making false reports, violating laws on inspection; any person abusing inspection powers or positions, or acting out of personal motives or lacking a sense of responsibility, leading to incorrect handling of violations, conclusions, and infringing upon the lawful rights and interests of organizations and individuals shall be disciplined, administratively punished, or criminally prosecuted for causing damage, in accordance with the provisions of the law, depending on the nature and degree of violation.

2. Complaints and denunciations and the resolution of complaints and denunciations in fisheries inspection activities shall be carried out in accordance with the provisions of the law on complaints and denunciations.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 24. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. Abolish Decision No. 415/TTg dated August 10, 1994 of the Prime Minister on the issuance of the Regulations on the organization and operation of fisheries protection inspection and Decision No. 443/TTg dated August 8, 1995 of the Prime Minister on amending Article 13 of the Regulations on the organization and operation of fisheries protection inspection issued together with Decision No. 415/TTg dated August 10, 1994 of the Prime Minister.

Article 25. Responsibility for Implementation

1. The Minister of Fisheries shall guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.