Decree No. 123/2006/ND-CP On managing fishing activities of organizations and individuals of Vietnam in various sea areas.

DECREE

On managing fishing activities of organizations,

individuals of Vietnam in various sea areas

____________________

THE GOVERNMENT

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

Pursuant to the Fisheries Law dated November 26, 2003;

Considering the proposal of the Minister of Fisheries,

DECREE

PART I

GENERAL PROVISIONS

 Article 1. Scope and Objects Regulated

This Decree stipulates the management of fishing activities for organizations and individuals of Vietnam engaged in fishing within and outside the territorial waters of Vietnam; it also specifies the division of sea areas and fishing zones within the territorial waters of Vietnam.

In case international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree, such treaties shall be applied.

Article 2. Interpretation of Terms

1. The territorial waters of Vietnam are the maritime zones under the sovereignty, sovereign rights, and jurisdiction of the Socialist Republic of Vietnam as defined in the National Border Law dated June 17, 2003 and according to international treaties to which the Socialist Republic of Vietnam is a party.

2. Outside the territorial waters of Vietnam refers to international waters (high seas) or the waters of another country.

Article 3. General Principles

1. The Ministry of Fisheries assists the Government in uniformly managing the fishing activities of organizations and individuals of Vietnam both within and outside the territorial waters of Vietnam.

2. Management of fishing activities aims to protect fishery resources, ensure sustainable development; and guarantee safety for people and fishing vessels operating in various sea areas.

Chapter II

MANAGEMENT OF FISHING ACTIVITIES

IN THE TERRITORIAL WATERS OF VIETNAM

Article 4. Division of sea areas and fishing zones

1. The territorial waters of Vietnam are divided into:

a) Coastal waters measured from the coastline (the lowest water level at low tide) to the line connecting points 24 nautical miles offshore;

Provincial People's Committees adjacent to each other along the coast shall determine and announce the boundaries of coastal waters between provinces based on specific geographical characteristics of the sea area.

b) Offshore waters measured from the line 24 nautical miles offshore to the outer limit of the territorial waters of Vietnam.

2. Coastal waters are divided into two zones as follows:

a) Nearshore zone is the sea area measured from the coastline to the line connecting points 6 nautical miles offshore;

b) Midshore zone is the sea area measured from the line 6 nautical miles offshore to the line connecting points 24 nautical miles offshore.

3. Offshore waters constitute the open-sea zone.

4. For localities with islands or archipelagos, the provincial People's Committee shall, based on necessity and specific characteristics of each island or archipelago, define the nearshore zone of that island or archipelago, but the limit shall not exceed 6 nautical miles.

Article 5. Management of fishing activities in the territorial waters of Vietnam

Organizations and individuals engaging in fishing activities in the territorial waters of Vietnam must comply with relevant laws and the following regulations:

1. Regulations of the Ministry of Fisheries or the provincial People's Committee regarding the list of fish species prohibited from being fished; methods of fishing, types of fishing operations, and fishing gear prohibited or restricted from use in certain sea areas or fishing zones; areas prohibited from fishing and areas prohibited from fishing for a limited time; minimum size and species of fish allowed to be caught.

2. Regulations for fishing vessels operating in the nearshore zone:

a) Fishing vessels with a designed waterline length less than 15 meters without engines or with engines having a total power less than 20 horsepower may operate in the nearshore zone;

b) Fishing vessels registered in a province may only operate in the nearshore zone of that province;

c) Fishing vessels in the nearshore zone are not permitted to operate in the midshore and open-sea zones.

3. Regulations for fishing vessels operating in the midshore zone:

a) Fishing vessels with a designed waterline length of 15 meters or more without engines or with engines having a total power from 20 to less than 90 horsepower may operate in the midshore zone;

b) Fishing vessels in the midshore zone are not permitted to operate in the nearshore and open-sea zones, except as provided in point a, Clause 4 of this Article.

4. Regulations for fishing vessels operating in the open-sea zone:

a) Fishing vessels with engines having a total power of 90 horsepower or more and fishing vessels with engines having a total power of 50 horsepower or more engaged in longlining, trawling, purse seining, and squid jigging may operate in the open-sea zone;

b) Fishing vessels in the open-sea zone are not permitted to operate in the nearshore and midshore zones.

5. Fishing vessels operating in the midshore and open-sea zones must be marked for identification. The Ministry of Fisheries shall specify the identification marks for fishing vessels operating in the midshore and open-sea zones.

Chapter III

MANAGEMENT OF FISHING ACTIVITIES

OUTSIDE THE TERRITORIAL WATERS OF VIETNAM

 Article 6. Conditions for Operating Marine Fisheries Activities Outside Vietnam's Exclusive Economic Zone

Organizations and individuals conducting marine fisheries activities in international waters or the waters of another country must meet the following conditions:

1. There must be a basis in the Agreement on Cooperation in Marine Fisheries between the Socialist Republic of Vietnam and the coastal state, or a cooperation agreement on marine fisheries between Vietnamese organizations or individuals and those of the coastal state, which has been approved by the competent authority of the coastal state.

2. For fishing vessels:

    a) The fishing vessel must meet the criteria for limited operation zone Class I or unlimited operation zone. In cases where operations take place in the waters of a Southeast Asian country, the fishing vessel must meet the criteria for limited operation zone Class II or higher;

    b) It must be registered and inspected. The certificate of technical safety for fishing vessels must remain valid for at least three months;

    c) It must be equipped with complete safety devices for personnel and vessels, and communication equipment corresponding to the operational sea area as prescribed by law;

    d) It must have sufficient crew members as stipulated by law.

3. For crew members and persons working on fishing vessels:

    a) The captain and chief engineer must hold certificates issued by the competent authority;

    b) They must have a seafarer insurance card;

    c) They must have a passport as prescribed by law;

    d) On board or among a group of vessels, there must be at least one person proficient in English or the common language of the country where the fishing vessel will operate.

, Clause 1, Clause 2 Article 7a of this Regulation.. Procedures and sequence for issuing relevant documents for fishing vessels operating marine fisheries outside Vietnam's Exclusive Economic Zone

1. To conduct marine fisheries in international waters or the waters of another country, organizations and individuals must submit an application to the Directorate of Fisheries Resource Exploitation and Protection under the Ministry of Fisheries. The application includes:

    a) A request for issuance of the documents specified in Clause 2 of this Article for fishing vessels operating in international waters or the waters of another country, confirmed by the provincial fisheries management agency where the fishing vessel is registered;

    b) A copy of the cooperation agreement on marine fisheries;

    c) A copy of the registration certificate for fishing vessels;

    d) A copy of the technical safety certificate for fishing vessels;

    e) A list of crew members;

    f) Copies of captain and chief engineer certificates.

2. Within seven working days from the date of receipt of a complete and valid application, the Directorate of Fisheries Resource Exploitation and Protection under the Ministry of Fisheries will examine the application and issue the necessary documents for fishing vessels operating marine fisheries outside Vietnam's Exclusive Economic Zone, including:

    a) A permit for fishing vessels to operate marine fisheries outside Vietnam's Exclusive Economic Zone;

    b) A nationality certificate for fishing vessels (in Vietnamese and English);

    c) A technical safety certificate for fishing vessels (in Vietnamese and English);

    d) A list of crew members (in Vietnamese and English).

If the documents specified in Clause 2 of this Article are not issued, the Directorate of Fisheries Resource Exploitation and Protection must provide a written response to the owner of the fishing vessel, stating the reasons.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

 MARINE FISHERIES ACTIVITIES

 Article 8. Responsibilities of organizations and individuals engaged in marine fishing activities in Vietnam's territorial waters

1. Fulfill all obligations prescribed in Article 21 of the Fisheries Law.

2. Comply with all provisions stipulated in Decree No. 66/2005/NĐ-CP dated May 19, 2005 of the Government on ensuring safety for persons and fishing vessels engaged in marine fishing activities, and related laws.

3. During operations at sea, fishing vessels must carry the following documents (originals):

    a) Fishing permit, except for fishing by fishing vessels with a gross tonnage under 0.5 tons;

    b) Safety technical certificate for fishing vessels as required by law;

    c) Registration certificate for fishing vessels as required by law. In cases where fishing vessels have been pledged to banks, a copy of the registration certificate confirmed by the bank must be carried;

    d) Logbook of crew members, logbook of fishing vessels as prescribed by law.

For crew members and workers on fishing vessels who are not required to have a logbook of fishing vessels, identity documents must be carried.

4. Record and report fishing activities according to regulations of the Ministry of Fisheries.

Article 9. Responsibilities of organizations and individuals engaged in marine fishing activities outside Vietnam's territorial waters

1. Fully comply with exit and entry procedures as prescribed by Vietnamese law and the law of the coastal state where the fishing vessel operates.

2. Adhere to Vietnamese law, comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a member, and the law of the coastal state where the fishing vessel operates.

3. The owner of the fishing vessel must purchase insurance for crew members and workers on the fishing vessel.

4. During marine fishing operations at sea, the captain of the fishing vessel must carry the following documents (originals):

    a) Documents specified in Clause 2 of Article 7 of this Decree;

    b) Relevant documents issued by the coastal state when the fishing vessel operates in its waters.

5. In case of accidents or dangerous situations requiring assistance, the captain must send out distress signals and promptly contact the authorities of the nearest coastal state, notify the diplomatic and consular agencies of Vietnam for assistance; inform the provincial fisheries management agency or the Ministry of Fisheries.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS

 Article 10. Responsibilities of the Ministry of Fisheries

1. Take the lead and coordinate with relevant ministries, sectors, and coastal provincial People's Committees to organize surveys, investigations, and assessments of fishery resources in each sea area; develop plans for the development of fishing vessels and rational occupational structures to protect and sustainably develop fishery resources.

2. Take the lead and coordinate with coastal provincial People's Committees to manage fishing activities in offshore areas.

3. Establish a system for managing fishing vessels; issue permits for fishing vessels operating in various sea areas within their authority.

4. Coordinate with relevant ministries, sectors, and coastal provincial People's Committees in managing fishing vessels engaged in fishing activities in various sea areas and fishing routes, conducting inspections, handling violations of the law, and rescuing people and fishing vessels engaged in fishing activities in Vietnam's territorial waters.

5. Organize training and capacity building for captains, chief engineers, crew members, and workers on fishing vessels in their professions.

6. Guide provincial People's Committees in developing mechanisms and policies to support fishermen transitioning from nearshore fishing to other occupations; community-based management of nearshore waters; contents of laws related to fishing activities to serve local legal education and publicity work.

Article 11. Responsibilities of Relevant Ministries and Agencies

Within their scope of responsibility and authority, cooperate with the Ministry of Fisheries to carry out inspections, supervision, handling of violations, ensuring security and safety for fishers engaged in marine fisheries; prevent acts of violation of laws on fisheries; coordinate with relevant sectors and levels in search and rescue operations for people and fishing vessels at sea, creating favorable conditions for fishers to conduct fishing activities in various maritime zones.

Article 12. Responsibilities of People's Committees of Coastal Provinces

1. Based on the development plan of the Fisheries sector, develop planning and plans for the development of fishing equipment, occupational structure, and protection of fisheries resources within the province's jurisdiction; coordinate with the Ministry of Fisheries in conducting surveys, explorations, and assessments of fisheries resources.

2. Manage fishing activities in coastal waters; coordinate with the Ministry of Fisheries in managing fishing activities in offshore waters.

3. Promote and educate the public about fisheries laws.

4. Guide and disseminate models of organizational structures for fishing activities in groups, teams, production associations linked with post-harvest services, ensuring safety at sea; guide and create conditions for fishers to transition from nearshore fishing activities to offshore fishing or aquaculture and other services.

Delegate shoreline management to People's Committees at district and commune levels; develop community-participatory management models for the management of fisheries resources along the shoreline.

5. Organize inspection and supervision of fishing activities within the assigned management scope, implement measures to protect and develop fisheries resources in coastal waters; coordinate with the Ministry of Fisheries in supervising fishing activities in offshore waters.

6. Regularly report monthly to the Ministry of Fisheries on the registration status of fishing vessels, vessel inspections, and issuance of fishing permits in accordance with the regulations of the Ministry of Fisheries.

Chapter VI

ARTICLE TRANSITION PROVISIONS

Article 13. Effective Date

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

Article 14. Guidance and Implementation of the Decree

1. The Minister of Fisheries shall be responsible for guiding and monitoring the implementation of this Decree.

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