Joint Circular No. 11/2011/TTLT-BNN-BQP-BTC guiding the implementation of Decision No. 48/2010/QD-TTg dated July 13, 2010 of the Prime Minister on certain policies to encourage and support fishing and fish farming activities and fishing services in distant sea areas.

 

JOINT CIRCULAR

Guidelines for Implementing Decision 48/2010/QD-TTg dated July 13, 2010 of the Prime Minister on Certain Policies to Encourage and Support Marine Fishing and Marine Fishing Services in Remote Sea Areas

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 104/2008/ND-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 118/2008/ND-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 60/2003/ND-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decision No. 48/2010/QD-TTg dated July 13, 2010 of the Prime Minister on Certain Policies to Encourage and Support Marine Fishing and Marine Fishing Services in Remote Sea Areas;

To implement Circular No. 1970/TTg-KTN dated October 28, 2010 of the Prime Minister regarding the provision of communication equipment for position determination and communication on fishing vessels;

The Ministry of Agriculture and Rural Development, the Ministry of National Defense, and the Ministry of Finance jointly issue guidelines for implementing certain provisions of Decision No. 48/2010/QD-TTg dated July 13, 2010 of the Prime Minister on Certain Policies to Encourage and Support Marine Fishing and Marine Fishing Services in Remote Sea Areas as follows,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of Articles 2, 3, 4, and 6 of Decision No. 48/2010/QD-TTg dated July 13, 2010 of

Article 2. Applicability

This Circular applies to organizations, individuals, and households engaged in marine fishing and marine fishing services in the Paracel Islands, Spratly Islands, and DK1 (hereinafter referred to as remote sea areas) and relevant agencies.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Marine activities in remote sea areas include marine fishing, marine fishing service activities, and aquaculture in the following sea areas:

a) East of the meridian 110°30'E extending to the outer boundary of Vietnam's maritime territory from the latitude 15°00'N northward.

b) East of the meridian 111°30'E extending to the outer boundary of Vietnam's maritime territory from the latitude 9°00'N to 15°00'N.

c) East of the meridian 109°30'E extending to the outer boundary of Vietnam's maritime territory from the latitude 9°00'N southward to the southern border of Vietnam's maritime territory.

2. Total engine power refers to the total power of engines directly involved in propelling the vessel and installed on fixed engine beds.

3. Fuel cost for going and returning for fishing vessels is the support for fuel costs for going and returning for a fishing trip, which is included in the input costs of the fishing trip.

4. Ship owner refers to organizations, individuals, and households owning fishing vessels or providing fishing services at remote sea fishing grounds.

5. Crew member includes those listed in the crew complement of the vessel, including the captain, chief engineer, and other positions assigned to work on the vessel.

6. Fishing trip is the time spent at sea calculated from when the vessel leaves the fishing port to go to the fishing ground or provide fishing services until it returns to the fishing port with a duration of not less than 15 days.

7. Local Fisheries Management Office is the Office designated by the Department of Agriculture and Rural Development to manage and protect fishery resources in the provinces and centrally administered cities.

8. Regularly registered fishing vessels operating in remote sea areas include fishing vessels suitable for the specified fishing activities and operating in the defined sea areas, including deep-sea tuna longline fishing, pelagic trawl fishing, pelagic purse seine fishing, deep-sea handline fishing, squid jigging, squid netting, and fishing service vessels in remote sea areas.

Chapter II

PROVISIONS AND PROCEDURES FOR SUPPORT

Article 4. Support for fuel costs for round trips 14. In Note 4(c) Chapter 84 and subheading 84.57: change the phrase "máy nhiều vị trí gia công chuyển dịch" to "máy gia công chuyển dịch đa vị trí."

1. The beneficiaries include: ship owners and crew members operating on fishing vessels or fishing service vessels in distant sea areas.

2. Conditions for receiving support:

a) Ship owners who have registered their vessels regularly engaged in fishing or fishing service activities in distant sea areas (Annex 1) and included in the list of fishing vessels participating in distant sea area operations approved by the Provincial People's Committee.

b) Engaged in fishing or fishing service activities in distant sea areas and have confirmation from the Island Commune People's Committee or the Navy Troops or the nearest offshore platform near the fishing grounds (Annex 2) or confirmation of the vessel's position during operation through the satellite positioning system (GPS) by competent authorities.

c) Record and submit voyage logbooks for each fishing trip to the local Fisheries Management Office.

3. Documents required include:

a) For the first voyage support in the year.

- Application for fuel cost support (Annex 3);

- Certificate confirming the fishing vessel's operation in distant sea areas for the voyage requesting support (Annex 4a or 4b);

- Voyage logbook for the voyage requesting support (certified copy from the local Fisheries Management Office);

- Fishing permit (certified copy from the Commune People's Committee for fishing vessels) or Business Registration Certificate (certified copy from the Commune People's Committee for service vessels);

- Certificate of technical safety for fishing vessels (certified copy from the Commune People's Committee);

b) For subsequent voyage supports in the year.

- Application for fuel cost support (Annex 3);

- Certificate confirming the vessel's operation in distant sea areas for the voyage requesting support (Annex 4a or 4b);

- Voyage logbook for the voyage requesting support (certified copy from the local Fisheries Management Office);

Article 5. Support for purchasing hull insurance and crew accident insurance seafarer

1. Beneficiaries include: ship owners operating fishing or fishing service vessels in distant sea areas who have purchased hull insurance and crew accident insurance.

2. Conditions for receiving support:

a) Ship owners who have registered their vessels regularly engaged in fishing or fishing service activities in distant sea areas and included in the list of fishing vessels participating in distant sea area operations approved by the Provincial People's Committee, and have participated in purchasing hull insurance and crew accident insurance.

b) Engaged in fishing or fishing service activities in distant sea areas and have confirmation from the Island Commune People's Committee or the Navy Troops or the nearest offshore platform near the fishing grounds or confirmation of the vessel's position during operation through the satellite positioning system (GPS) by competent authorities.

3. Documents required include:

a) Application for support for purchasing hull insurance and crew accident insurance (Annex 5);

b) Certificate confirming the vessel's operation in distant sea areas (certified copy of Annex 4a or 4b);

c) Certificate of hull insurance (certified copy from the Commune People's Committee);

d) Certificate of crew accident insurance (certified copy from the Commune People's Committee);

e) Crew roster (certified copy).

Article 6. Financial support for purchasing long-range HF communication equipment with integrated satellite positioning (GPS) devices at long range, equipped with satellite positioning device (GPS)

1. The beneficiaries include: ship owners operating fishing services in distant sea areas (for ship-based stations) or local Fisheries Management Agencies and the Directorate of Fisheries Resource Exploitation and Protection (for shore-based stations).

2. Conditions for receiving support:

a) For ship-based stations

- Ship owners who have registered their vessels for regular fishing operations in distant sea areas and are included in the list of fishing vessels participating in distant sea area activities approved by the Provincial People's Committee.

- Engaging in fishing or fishing service activities in distant sea areas and having confirmation from the People's Committee of island communes, naval forces, or nearby fishery guard posts, or confirmation of vessel positions during fishing activities through the satellite positioning system (GPS) by competent authorities.

- The long-range HF communication equipment with integrated satellite positioning (GPS) device must be brand new, 100%, and meet technical requirements as specified in Appendix 13 of this Circular.

b) For shore-based stations

- Being units entrusted with managing shore-based stations of the long-range HF communication system with integrated satellite (GPS) devices.

- The long-range HF communication equipment with integrated satellite positioning (GPS) device must be brand new, 100%, and meet technical requirements as specified in Appendix 13 of this Circular; computers and printers must also be brand new, 100%.

3. Level of support for shore-based stations Each unit will be supported with two long-range HF communication devices with integrated satellite positioning (GPS) devices, two sets of computers, and one printer.

4. Documents required include:

- A request for financial support to purchase long-range HF communication equipment with integrated satellite positioning (GPS) devices, confirmed by the local Fisheries Management Agency regarding the installation of such equipment (Appendix 6a for ship-based stations) or confirmed by the Department of Agriculture and Rural Development (Appendix 6b for shore-based stations of local Fisheries Management Agencies) or confirmed by the Director-General of the Fisheries General Administration (for shore-based stations of the Directorate of Fisheries Resource Exploitation and Protection).

- Confirmation of engaging in fishing or fishing service activities in distant sea areas (a copy of Appendix 4a or 4b, for ship-based stations).

- Valid financial invoice for the purchase of equipment (original).

Article 7. Support for marine aquaculture

1. Beneficiaries include: organizations, individuals, and households engaged in marine aquaculture in distant sea areas.

2. Conditions for receiving support:

a) Marine aquaculture plans or projects in distant sea areas must be reviewed and approved by the Department of Agriculture and Rural Development.

b) Registration and confirmation from the authority or military unit on nearby islands near the aquaculture area.

3. Documents required include:

a) Request for financial support for marine aquaculture (Appendix 7).

b) Decision approving the marine aquaculture plan or project by the Department of Agriculture and Rural Development where the registration was made.

c) Confirmation letter from the Navy or the People's Committee of nearby island communes near the aquaculture area (Appendix 8).

d) Contract and financial invoice for the supply of aquaculture cages and seedlings (certified copy by the People's Committee of the district).

Article 8. Support for fishermen captured and detained by foreign countries business,

1. The subjects eligible for support are fishermen operating on vessels registered to participate in fishing and fishing service activities in distant sea areas who have been captured and detained by foreign countries, as well as their children under 18 years old, other relatives (spouse, father, mother, grandfather, grandmother) over 60 years old or unable to work and dependent on the fishermen detained abroad.

2. Conditions for receiving support:

a) Fishermen working on fishing vessels that have been registered to regularly fish in distant sea areas listed in the vessel list approved by the Provincial People's Committee and with valid Fishing Permits.

b) Fishing vessels that do not violate laws and regulations concerning fisheries and related laws.

c) The shipowner or relatives of the fishermen on board must promptly report and provide all available information regarding the person and vessel being captured to the People's Committee of the commune where they are registered or reside and the local Fisheries Management Office.

d) Information about fishing vessels and fishermen captured, detained, and punished by foreign countries must be confirmed by one of the following forces: Coast Guard, Navy Troops, Border Guard Forces at the local level, or diplomatic agencies or consular offices of Vietnam in the countries where the vessels were captured.

3. Documents required include:

- Application for support for fishermen captured and detained by foreign countries (Annex 9);

- Confirmation document of the fishing vessel and fishermen captured, detained, and punished by foreign countries issued by one of the following forces: Coast Guard, Local Border Guard Force, or diplomatic agencies or consular offices of Vietnam in the country where the vessel was captured (Annex 10; certified copy by the People's Committee of the commune);

- Invoice for purchasing tickets or stubs of transportation means returning to Vietnam for fishermen who have been captured (if any, original);

- List of relatives of fishermen receiving support, confirmed by the People's Committee of the commune where the household registration is located (Annex 11).

Article 9. On the procedure for supporting fishermen

1. Organizations, individuals, and households owning fishing vessels engaged in fishing or fishing service activities in distant sea areas shall submit applications for registering fishing vessels to regularly fish or provide fishing services in distant sea areas (Annex 1) to the local Fisheries Management Office. The local Fisheries Management Office will review and compile a list to report to the Department of Agriculture and Rural Development for approval by the Provincial People's Committee to approve the list of fishing vessels meeting the conditions to participate in fishing or fishing service activities in distant sea areas.

After the decision of the Provincial People's Committee approving the list, the local Fisheries Management Office will notify the shipowners to prepare the application for support. The local Fisheries Management Office is responsible for updating information and reporting to the Department of Agriculture and Rural Development for approval to supplement or remove from the list those vessels that do not meet the conditions for fishing or fishing service activities in distant sea areas, and notify the shipowners in writing of the reasons.

2. Organizations, individuals, and households, after completing a fishing trip, purchasing hull insurance, crew insurance, long-range HF communication equipment integrated with satellite positioning devices (GPS), being captured, detained, or having their vessels confiscated, damaged, or sunk, or after completing aquaculture plans in distant sea areas, shall prepare documents according to Chapter II of this Circular and submit them to the local Fisheries Management Office.

3. Based on the documents prepared by the fishermen, the local Fisheries Management Office will lead and coordinate with relevant units to assess the fishermen's application for support (the composition of the Assessment Team is stipulated by the Department of Agriculture and Rural Development).

The assessment results will be documented and sent to the Department of Agriculture and Rural Development, the Department of Finance, and retained by the leading assessment agency along with the application for support. If the fishermen's application for support does not meet the prescribed conditions, the leading assessment agency must issue a written notice to the fishermen to continue to supplement and complete the documents.

4. Based on the assessment results, the Department of Agriculture and Rural Development will prepare a report to the Provincial People's Committee for consideration and decision on the list of support for fishermen.

a) For the support policies stipulated in Articles 4, 5, 6, and 7 of Chapter II of this Circular, the Chairman of the Provincial People's Committee decides to provide minimum quarterly support once.

b) For the support policy stipulated in Article 8 of Chapter II of this Circular, the Chairman of the Provincial People's Committee decides to provide immediate support upon receipt of the fishermen's complete and valid application documents.

c) The support decision for fishermen will be sent to the following agencies: Department of Agriculture and Rural Development, Department of Finance, State Treasury of the province, local Fisheries Management Office, and State Treasury of the district where the supported fishermen reside.

5. Based on the fishermen's support decision of the provincial or municipal People's Committee, the State Treasury of the district will publicly announce the schedule for disbursing support funds to fishermen and crew members so that fishermen can go to the State Treasury of the district to complete procedures to receive support funds.

6. Regarding the procedures for receiving funds at the State Treasury: Fishermen base on the support decision of the Provincial People's Committee and the disbursement schedule announced by the State Treasury, go to the State Treasury of the district to complete procedures to receive support funds. To receive support funds, fishermen must present a valid identity card for verification.

Chapter III

ESTABLISHING BUDGETS, METHODS OF ISSUANCE AND SETTLEMENT OF SUPPORT EXPENSES FOR FISHERMEN

Article 10. Budget Estimation

1. Along with the annual budget estimation period, based on the number of organizations, individuals, and households engaged in fishing and aquaculture activities and marine fishing services in distant sea areas, the Department of Agriculture and Rural Development shall prepare detailed budget estimates for implementing support policies as stipulated in Decision 48/2010/QĐ-TTg to be sent to the Department of Finance; the Department of Finance shall determine the local budget portion that needs to be balanced and the central government's support portion according to regulations to be included in the local budget expenditure plan to be reported to the provincial People's Committee in accordance with the State Budget Law, including a detailed report on the total amount of funds and the central government's support portion (detailed according to each policy as stipulated in Decision 48/2010/QĐ-TTg).

2. The Ministry of Finance shall take the lead in coordinating with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to determine the budget portion from the central government to support localities according to regulations, to be reported to the Government for submission to the National Assembly for consideration and decision on supplementary targeted funding from the central government to the local budget annually.

3. Based on the budget estimate assigned by the Prime Minister and the local budget portion to be self-assured, the Department of Finance shall take the lead in coordinating with the Department of Agriculture and Rural Development to develop an implementation plan for policies as stipulated in Decision 48/2010/QĐ-TTg, clearly identifying the local budget portion to be allocated and the central government's support portion, to be reported to the provincial People's Committee for submission to the provincial People's Council for consideration and decision.

4. For the year 2010, the provincial People's Committees of centrally governed cities shall direct relevant agencies to review and statistically determine the number of fishing vessels and marine fishing service vessels operating in distant sea areas under their jurisdiction, and simultaneously identify the number of beneficiaries entitled to policies as stipulated in Articles 2, 3, and 4 of Decision 48/2010/QĐ-TTg, and forecast the funding requirements for support in 2010, to be reported to the Ministry of Finance and the Ministry of Agriculture and Rural Development for consolidation and submission to the Prime Minister for consideration and decision on support for localities to implement.

Article 11. Budget Allocation Method and Accounting

1. Based on the support policies stipulated in Decision 48/2010/QĐ-TTg and the budget estimate for implementation decided by the provincial People's Council, the provincial People's Committee shall decide on providing support to organizations, individuals, and households according to the procedures and formalities stipulated in Article 9 of this Circular.

2. In cases where at the end of the fiscal year, the remaining central government support funds not utilized (if any) as stipulated in Decision 48/2010/QĐ-TTg can be carried over to the next year for continued implementation, localities may not use them for other purposes. In cases where there is a shortage of central government support funds during the year, localities shall proactively advance funds from the local budget to implement policies as stipulated in Decision 48/2010/QĐ-TTg to pay organizations, individuals, and households as prescribed, and the central government will supplement these funds into the next year's budget estimate for the locality.

3. Support funds for implementing policies as stipulated in Decision 48/2010/QĐ-TTg of the Prime Minister shall be accounted for and consolidated into the local budget settlement according to the State Budget Law.

4. Funds for purchasing communication equipment for the Fisheries Resource Exploitation and Protection Agency - General Fisheries Department shall be allocated from the Ministry of Agriculture and Rural Development's resources.

Chapter IV

IMPLEMENTATION

Article 12. Reporting System

1. Quarterly and annually, coastal provincial People's Committees shall be responsible for preparing detailed reports on the situation of support expenditures for fishermen according to each type of policy and each beneficiary group within their jurisdiction as stipulated in Decision 48/2010/QĐ-TTg to be submitted to the Ministry of Finance and the Ministry of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development shall be responsible for consolidating and periodically reporting to the Prime Minister on the implementation of Decision 48/2010/QĐ-TTg.

2. The contents of the report include: Total support amount during the period, including: Fuel cost support; insurance; communication equipment; aquaculture support, being detained, confiscated, or damaged by foreign entities, sinking or losing fishing vessels.

3. Quarterly reports must be submitted no later than 30 days after the end of the quarter; annual reports must be submitted no later than 60 days after the end of the year.

Article 13. Implementation Organization

1. Coastal provincial and centrally governed city People's Committees shall be responsible for:

a) Directing the dissemination, guidance, organization of implementation, and supervision of the entire process of implementing support policies for fishermen in accordance with the provisions of Decision 48/2010/QĐ-TTg.

b) Directing the Departments of Agriculture and Rural Development and Finance to handle applications, review, and report the results of reviewing support application files for fishermen to the Chairman of the provincial or centrally governed city People's Committee to make support decisions according to the provisions of Chapter III of this Circular.

c) Funding for organizing and implementing Decision 48/2010/QĐ-TTg shall be allocated from the state budget. Agencies and units shall prepare budget estimates and incorporate them into their annual operational budgets.

d) For the year 2010: While waiting for the Prime Minister's decision on allocating funds, coastal provincial and centrally governed city People's Committees shall direct the Departments of Finance and Agriculture and Rural Development to coordinate with relevant agencies to proactively use local budget funds to provide support funds to beneficiaries through the State Treasury system.

đ) The Chairmen of coastal provincial and centrally governed city People's Committees shall specify and guide the implementation and support for fishermen in their jurisdictions in accordance with specific conditions of each locality. At the same time, they shall ensure personnel and related conditions to effectively implement the policies.

2. Units under the Ministry of Agriculture and Rural Development, the Ministry of Defense, the Ministry of Finance, and other relevant units, according to their functions and responsibilities, shall be responsible for implementing this Circular.

Article 14. Effective Date

1. This Circular shall take effect forty-five days from the date of issuance and shall apply to coastal provinces and centrally governed cities.

2. During implementation, any difficulties should be reported to the Ministry of Agriculture and Rural Development, the Ministry of National Defense, and the Ministry of Finance for consideration and resolution./.