Decision No. 16/2006/QĐ-BTS Issuing the Regulation on the Operation of Fisheries Inspection

DECISION OF THE MINISTER OF AQUATIC RESOURCES

Issuing the Regulation on the Operation of Aquatic Resources Inspection

MINISTER OF AQUATIC RESOURCES

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 Ministry of Aquatic Resources;

Pursuant to Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Inspection;

Pursuant to Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of Aquatic Resources Inspection;

At the proposal of the Inspector General of the Ministry,

 

DECISION:

Article 1 Issued together with this Decision "Regulation on the Operation of Aquatic Resources Inspection".

Article 2 This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3.The Head of the Inspectorate of the Ministry, Heads of Departments, Directorates, Office, agencies, units under the Ministry of Aquatic Resources, Directors of Provincial Fisheries Services, Provincial Departments of Agriculture and Rural Development responsible for state management of aquatic resources are responsible for implementing this Decision./.

 

REGULATION ON THE OPERATION OF AQUATIC RESOURCES INSPECTION

(Issued together with Decision No. 16/2006/QĐ-BTS dated September 14, 2006

of the Minister of Aquatic Resources)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Regulation stipulates the activities of Aquatic Resources Inspection and the relationships within such activities.

Article 2. This Regulation applies to organizations, individuals operating within the scope of state management of the Ministry of Aquatic Resources.

Article 2. Principles of Operation of Aquatic Resources Inspection

Clause 1. Activities of Aquatic Resources Inspection must comply with the law, ensuring accuracy, objectivity, transparency, democracy, and timeliness; not hindering the normal operations of inspected organizations and individuals.

Clause 2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the head of the inspection team, inspectors, inspection collaborators, and members of the inspection team must adhere strictly to the laws on inspection and the provisions of this regulation; they must be accountable under the law for their actions and decisions.

Chapter II

ACTIVITIES OF AQUATIC RESOURCES INSPECTION

Section 1

Administrative Inspection Activities

Article 3. Forms of Administrative Inspection Activities

Clause 1. Administrative inspection activities are carried out in the form of program-based and plan-based inspections and surprise inspections.

Clause 2. Program-based and plan-based inspections are conducted according to programs and plans that have been approved.

Clause 3. Surprise inspections are conducted when signs of violations of the law are detected, at the request of complaints and denunciations resolution, or assigned by the competent authority with jurisdiction.

Article 4. Methods of Administrative Inspection Activities

Clause 1. For administrative inspection activities, the inspection is carried out in accordance with the inspection team method prescribed in Article 35 of the Law on Inspection.

Clause 2. When conducting an inspection, there must be a decision from the Head of the Inspectorate of the Ministry, the Head of the Inspectorate of the Provincial Service, or the Minister of Aquatic Resources, the Director of the Provincial Fisheries Service, the Provincial Department of Agriculture and Rural Development responsible for state management of aquatic resources (hereinafter referred to collectively as the Provincial Fisheries Service).

Article 5. Authority to Approve Programs and Plans for Inspections and Decide on Administrative Inspections

Clause 1. The Minister of Aquatic Resources, the Director of the Provincial Fisheries Service approves the inspection programs and plans for the following year submitted by the Head of the Inspectorate of the Ministry, the Head of the Inspectorate of the Provincial Service, no later than December 31 of the previous year.

Clause 2. Inspection programs and plans are developed based on the requirements and tasks of the same-level state management agency; the requirements for resolving complaints and denunciations, and guidance from the higher-level inspection agency.

Clause 3. In cases where it is necessary to adjust inspection programs and plans, the Head of the Inspectorate of the Ministry, the Head of the Inspectorate of the Provincial Service shall submit a written request to the Minister of Aquatic Resources, the Director of the Provincial Fisheries Service for approval.

Within fifteen days from the date of receipt of the written request, the Minister of Aquatic Resources, the Director of the Provincial Fisheries Service shall be responsible for reviewing, deciding, and informing the inspection agency and related agencies.

Article 6. Authority to issue administrative inspection decisions

1. Decision on planned administrative inspections

a) Based on approved inspection programs and plans, the Inspector General of the Ministry or the Inspector General of the Department shall issue inspection decisions and establish inspection teams to conduct inspections. In necessary cases, the Minister of Fisheries or the Director of the Fisheries Department shall issue inspection decisions and establish inspection teams to conduct inspections.

b) Before issuing an inspection decision, the person issuing the decision shall collect necessary information and documents related to the content and objects to be inspected; determine the nature, requirements, and purpose of the inspection, estimate the time for conducting the inspection; select the Head of the Inspection Team, arrange other members of the Inspection Team, and prepare other conditions to serve the inspection.

2. Decision on sudden administrative inspections

a) Sudden inspections shall be conducted when signs of law violations are discovered, according to the requirements for handling complaints and denunciations, or assigned by the Minister of Fisheries or the Director of the Fisheries Department.

b) The Minister of Fisheries shall issue a sudden inspection decision based on the proposal of the Inspector General of the Ministry of Fisheries. The Director of the Fisheries Department shall issue a sudden inspection decision within their authority based on the proposal of the Inspector General of the Department.

Within no more than five days from the date of receiving the request to conduct a sudden inspection from the Inspector General of the Ministry, the Inspector General of the Department, the Minister, or the Director of the Department shall be responsible for considering and deciding on the inspection and notifying the Inspector General of the Ministry and the Inspector General of the Department.

In case of discovering a violation that requires immediate inspection, the Inspector General of the Ministry or the Inspector General of the Department shall issue an inspection decision while reporting to the Minister or the Director of the Department.

Article 7. Basis for issuing inspection decisions and contents of administrative inspection decisions

1. Basis for issuing inspection decisions:

An inspection decision must be based on one of the following grounds:

a) Approved inspection programs and plans;

b) Requirements of the head of state management agencies;

c) When signs of law violations are discovered.

2. Contents of inspection decisions:

a) Legal basis for inspection;

b) Objects, content, scope, and tasks of the inspection;

c) Time limit for conducting the inspection;

d) Head of the Inspection Team and other members of the Inspection Team.

Article 8. Time limit for administrative inspections

1. The time limit for implementing an administrative inspection is stipulated as follows:

a) An inspection conducted by the Inspectorate of the Ministry shall not exceed forty-five days; in complex cases, it may extend the decision, but not exceeding seventy days;

b) An inspection conducted by the Inspectorate of the Department shall not exceed thirty days; in mountainous, coastal areas where travel is difficult, the inspection period may be extended, but not exceeding forty-five days.

2. The duration of the inspection is calculated from the date of announcing the inspection decision until the end of the inspection at the inspected location.

3. Extension of the inspection period as provided in Clause 1 of this Article shall be decided by the person with the authority to issue the inspection decision.

Article 9. Content of administrative inspection activities

The content of administrative inspection activities includes:

1. Inspecting and checking the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals under the management of the head of the state management agency at the same level regarding fisheries.

2. Performing tasks to resolve complaints and denunciations as prescribed by law on complaints and denunciations.

3. Implementing tasks to prevent and combat corruption as prescribed by law on prevention and combating corruption.

4. Inspecting and checking cases assigned by the head of the state management agency at the same level with authority.

5. Summarizing and reporting results of inspection work, complaint resolution, denunciation resolution, and anti-corruption efforts within their scope of responsibility to higher-level agencies and competent state agencies as prescribed by law.

6. Implementation of other tasks as prescribed by law.

Section 2

Specialized inspection activities

Article 10. Forms of specialized inspection activities

Specialized inspection activities shall be carried out in accordance with the forms prescribed in Article 3 of this Regulation.

Article 11. Methods of specialized inspection activities

1. For specialized inspection activities, the inspection shall be conducted through the Inspection Team and independent Inspectors.

2. When conducting an inspection, there must be a decision from the Head of the Ministry's Inspectorate, the Head of the Department's Inspectorate, or the Minister of Fisheries, the Director of the Department of Fisheries.

3. When handling violations, the Head of the Inspection Team and the Inspector must fully comply with the procedures and regulations stipulated and bear responsibility under the law and to the person who issued the inspection decision regarding the decisions and measures taken during the inspection and report the results of their inspection.

Article 12. Authority to approve inspection programs and plans, and to decide on specialized inspections

The Minister of Fisheries, the Director of the Department of Fisheries shall approve inspection programs and plans and decide on specialized inspections in accordance with Article 5 of this Regulation.

Article 13. Authority to issue decisions on specialized inspections

1. Decisions on specialized inspections according to programs and plans:

a) Based on the inspection program and plan approved by the Minister or the Director of the Department, the Head of the Ministry's Inspectorate, the Head of the Department's Inspectorate shall issue an inspection decision and establish an Inspection Team to conduct the inspection or assign a specialized Inspector to carry out the inspection task. In cases where necessary, the Minister or the Director of the Department shall issue an inspection decision and establish an Inspection Team.

b) If the Head of the Inspectorate assigns tasks to a specialized Inspector to conduct an independent inspection, such assignment must be in writing, specifying the scope, tasks, and time limit for the inspection.

2. Decisions on ad hoc specialized inspections:

a) Ad hoc specialized inspections shall be conducted when signs of violation of laws are discovered by agencies, organizations, or individuals; upon request for the resolution of complaints or denunciations; or as assigned by the Minister or the Director of the Department.

b) The Head of the Ministry's Inspectorate, the Head of the Department's Inspectorate shall submit to the Minister or the Director of the Department for a decision on ad hoc specialized inspections.

Within three days from the date of receipt of the request, the Minister or the Director of the Department shall be responsible for approving and notifying the Head of the Ministry's Inspectorate, the Head of the Department's Inspectorate.

c) Based on the approval decision of the Minister or the Director of the Department, the Head of the Ministry's Inspectorate, the Head of the Department's Inspectorate shall issue an inspection decision and establish an Inspection Team to conduct the inspection. In cases where necessary, the Minister or the Director of the Department shall issue an inspection decision and establish an Inspection Team.

Based on the Report on the Results of the Inspection, the Minister or the Director of the Department may authorize the Head of the Ministry's Inspectorate, the Head of the Department's Inspectorate to issue an Inspection Conclusion.

d) In cases where a violation of the law that needs to be promptly stopped is discovered, the Head of the Ministry's Inspectorate, the Head of the Department's Inspectorate shall issue an inspection decision and immediately report to the Minister or the Director of the Department.

đ) In urgent cases requiring immediate action to stop and handle violations, specialized Inspectors in fisheries may apply measures within their authority to handle violations of the law, while immediately reporting to the Head of the Inspectorate and bearing responsibility under the law for the measures they take.

Article 14. Basis for issuing inspection decisions and contents of specialized inspection decisions

The basis for issuing inspection decisions and the contents of specialized inspection decisions shall be implemented in accordance with Article 7 of this Regulation.

Article 15. Duration of specialized inspections

1. The duration of a specialized inspection shall not exceed thirty days, from the date of announcing the inspection decision to the completion of the inspection at the inspected location.

2. In cases where necessary, the person issuing the inspection decision may extend it once. The extension period shall not exceed the time limit prescribed in Clause 1 of this Article.

Article 16. Contents of specialized inspection activities

Inspecting, examining, and imposing administrative penalties on compliance with procedures, regulations, technical standards, production and business conditions, and other provisions of laws related to fisheries activities, including:

1. Regulations on management and protection of aquatic resources.

2. Regulations on management of fishing vessels, registration, inspection of fishing vessels, ensuring safety for people and fishing vessels during operations.

3. Regulations on management of aquaculture.

4. Regulations on management of aquatic animal health work.

5. Regulations on management of quality and hygiene safety of aquatic products.

6. Regulations on conditions for production and business in fisheries occupations.

7. Other provisions of laws related to fisheries activities within the administrative penalty authority of the Fisheries Inspectorate.

Article 17. Provisions when conducting specialized inspections

1. Duties and powers of the Head of the specialized inspection team:

During the course of specialized inspections, the Head of the Inspection Team has the following duties and powers:

a) Requesting inspected entities to present licenses, business registrations, and professional certificates;

b) Drafting records regarding violations by inspected entities;

c) Imposing administrative penalties according to the law on administrative violation handling;

d) Performing other duties and powers as stipulated in Article 39 of the Inspection Law;

đ) Reporting to the person issuing the inspection decision about the results of the inspection and being responsible for the accuracy, truthfulness, and objectivity of such reports.

2. Duties and powers of specialized fisheries inspectors:

2.1. When conducting inspections as part of a team, specialized fisheries inspectors perform their duties and powers as prescribed in Clause 1 of Article 40 of the Inspection Law.

2.2. When conducting independent inspections, specialized fisheries inspectors must present their inspector identification cards and have the following duties and powers:

a) Requesting inspected entities to present licenses, business registrations, and professional certificates;

b) Drafting records regarding violations by inspected entities;

c) Imposing administrative penalties according to the laws on handling administrative violations.

In cases where they discover violations exceeding their authority to handle, specialized inspectors must report to the Chief Inspector for a decision.

d) Reporting to the Chief Inspector on the performance of assigned tasks.

Chapter III

RELATIONSHIPS IN FISHERIES INSPECTION ACTIVITIES

Article 18. Relationships between the Ministry of Fisheries Inspectorate and the Minister of Fisheries and the Chief Inspector

1. The Ministry of Fisheries Inspectorate is an agency under the Ministry of Fisheries, directly managed by the Minister of Fisheries; at the same time, it is subject to guidance and direction on inspection work, organization, and inspection methods by the Government Inspectorate.

2. The Ministry of Fisheries is responsible for reporting to the Chief Inspector on the program of work, situation, and results of inspection activities as prescribed by the Government Inspectorate.

3. The Ministry of Fisheries cooperates with the Government Inspectorate to organize training and professional development for fisheries inspectors.

Article 19. Relations between the Inspectorate of the Ministry and Departments, Bureaus, and subordinate units under the Ministry of Fisheries

1. The Inspectorate of the Ministry shall take the lead and coordinate with Departments, Bureaus, and subordinate units under the Ministry to organize inspections and examinations on the implementation of policies, laws, and assigned tasks related to fisheries for organizations and individuals within the scope of management authority of the Ministry.

2. Coordinate with the Legal Department, specialized management Bureaus to organize the dissemination, popularization, and guidance on inspection and examination laws specific to fisheries, administrative violation handling laws in the fisheries sector to agencies and units under the management authority of the Ministry of Fisheries.

Article 20. Relations between the Inspectorate of the Ministry, Provincial Inspectorates and the Heads of Departments, Provincial Inspectorates

1. The Inspectorate of the Ministry shall be responsible for directing and guiding the work and inspection business of the Provincial Fisheries Inspectorates; guiding or taking the lead in organizing inter-departmental inspections and wide-scale inspections; researching, considering, and resolving proposals from Provincial Fisheries Inspectorates regarding inspection activities.

The Head of the Inspectorate of the Ministry shall coordinate with the Heads of Departments in directing and guiding Provincial Inspectorates to perform their inspection tasks and plans within the scope of management authority of the Ministry of Fisheries.

2. Provincial Inspectorates shall be directly directed by the Heads of Departments, while also being directed regarding inspection work and administrative inspection business by Provincial Inspectorates, and specialized inspection business by the Inspectorate of the Ministry; they shall have the responsibility to dispatch Inspectors to participate in inspections organized by the Inspectorate of the Ministry or to organize surprise inspections according to the requirements of the Inspectorate of the Ministry; they shall regularly report to the Inspectorate of the Ministry and Provincial Inspectorates as prescribed by law.

Article 21. Relations between the Fisheries Inspectorate and Inspectorates of other sectors and other agencies

1. Within the scope of their duties and powers, Fisheries Inspectorates shall be responsible for coordinating with public security agencies, border guards, maritime police, other specialized inspectorates, People's Committees at all levels, and relevant agencies and organizations in preventing, detecting, and handling violations of law generally and specifically those related to fisheries activities.

2. The Inspectorate of the Ministry shall take the lead and coordinate with Inspectorates of related Ministries and sectors in guiding and directing inspection business, building inspection plans, and cooperating to resolve issues related to Fisheries Inspection activities.

3. Provincial Fisheries Inspectorates shall take the lead and coordinate with relevant Provincial Departments, Agencies in guiding and directing inspection work and business, building inspection plans, and cooperating to resolve issues related to inspection activities within the scope of management authority of the Provincial Departments.

Article 22. Relations between the Fisheries Inspectorate and Internal Inspectorates and People's Inspectorates

Relations between the Fisheries Inspectorate and Internal Inspectorates and People's Inspectorates shall be governed by the Inspection Law, Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain Articles of the Inspection Law, Decree No. 99/2005/NĐ-CP dated July 28, 2005 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law concerning the organization and operation of People's Inspectorate Boards, and other relevant laws.

Chapter IV

IMPLEMENTATION

Article 23. Responsibility for Implementation

1. The Head of the Inspectorate of the Ministry of Fisheries shall be responsible for monitoring, urging, inspecting, and guiding the implementation of this Regulation and shall regularly report to the Minister of Fisheries.

2. The Head of the Inspectorate of the Ministry of Fisheries, Heads of subordinate units under the Ministry, Heads of Provincial Fisheries Departments, and Heads of Provincial Inspectorates shall be responsible for disseminating, urging, inspecting, and reporting on the implementation of this Regulation within their units; they shall bear joint liability if officials or civil servants in their units violate this Regulation.

3. During the implementation process, if there are difficulties or obstacles, they shall promptly reflect them to the Ministry of Fisheries (through the Inspectorate of the Ministry) to amend and supplement this Regulation appropriately./.