Circular No. 18/2022/TT-BNNPTNT on the procedures for patrolling, inspecting, and controlling at sea by Fisheries Surveillance forces

CIRCULAR

Regulations on patrol, inspection, and control procedures at sea for Fisheries Surveillance forces

on the sea of the Fisheries Surveillance force

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Pursuant to the Fisheries Law dated November 21, 2017;

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director General of the Fisheries General Department;

The Minister of Agriculture and Rural Development issues this Circular to stipulate the patrol, inspection, and control procedures at sea for Fisheries Surveillance forces.

PART I

GENERAL PROVISIONS

This Circular stipulates the patrol, inspection, and control procedures at sea for Fisheries Surveillance forces to enforce laws on fishing and protecting aquatic resources.

Article 2. Applicability

This Circular applies to Fisheries Surveillance forces and organizations and individuals related to patrol, inspection, and control activities to enforce laws on fishing and protecting aquatic resources.

Article 3. Explanation of Terms

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

1. The patrol, inspection, and control procedure is the sequence of organizing and implementing from planning the patrol trip to its conclusion.

2. Patrol is a mobile activity at sea according to a plan or spontaneously to enforce laws on fishing and protecting aquatic resources within Vietnam's maritime zones in accordance with the functions and tasks of Fisheries Surveillance.

3. Inspection and control is an activity to review and compare documents, papers, and the implementation of regulations concerning persons, fishing vessels, and aquatic products according to laws on fishing and protecting aquatic resources.

Article 4. Principles of patrol, inspection, and control activities

1. Organizing patrol, inspection, and control activities must ensure safety for people and means of transportation operating at sea.

2. Organizing patrol, inspection, and control activities must be public, transparent, in accordance with plans, and comply with legal provisions.

3. Prevent and handle violations regarding fishing and protecting aquatic resources in accordance with legal provisions.

Article 5. Requirements when performing official duties in patrol, inspection, and control activities

1. Implement assigned functions, tasks, and authorities, and approved plans.

2. Maintain respectful and appropriate behavior while performing official duties.

3. Not to affect and facilitate legitimate operations of agencies, organizations, individuals, and vessels at sea.

4. Not to exploit positions for personal gain.

Chapter II

PATROL, INSPECTION, AND CONTROL PROCEDURES

Article 6. Building and Issuing Plans for Patrol, Inspection, and Control Trips

1. Basis for building plans for patrol, inspection, and control trips

Plans for patrol, inspection, and control trips are built based on one of the following bases:

a) Annual patrol, inspection, and control plans approved by competent authorities;

b) Proposals from competent authorities;

c) Directives from higher-level management agencies.

2. Authority to issue plans for patrol, inspection, and control trips

b) The Head of the Regional Fisheries Surveillance Office issues plans for patrol, inspection, and control trips of the Regional Fisheries Surveillance Office;

c) The head of the Fisheries Surveillance agency or the head of local fisheries management agency issues plans for patrol, inspection, and control trips of the locality.

3. Plans for patrol, inspection, and control trips follow the model at Appendix I issued together with this Circular.

Article 7. Establishment of patrol teams

1. Authority to establish patrol teams

b) The Head of the Regional Fisheries Surveillance Service decides to establish patrol teams according to the plan for patrols, inspections, and control activities of the Regional Fisheries Surveillance Service;

c) The head of the Fisheries Surveillance agency or the head of the local aquatic resources management agency decides to establish patrol teams according to the plan for patrols, inspections, and control activities of the locality.

2. Composition of patrol teams

A patrol team consists of the Team Leader, Deputy Team Leader, and members. The Team Leader of the patrol team is the person in command of the team, implements directives and controls, and is responsible to the person who established the patrol team and to the law. The decision to establish a patrol team follows the model attached as Appendix II to this Circular.

3. Duties and powers of patrol teams

a) Implement patrols, inspections, controls, and handle violations according to the provisions of the law;

b) Conduct patrols according to the plan that has been issued. Follow orders, directives, and controls from superiors during the performance of patrol duties;

c) Detect, prevent, and handle violations according to the provisions of the law. For incidents exceeding authority, report to superiors for handling according to regulations;

d) Coordinate with related units and local authorities during patrols, inspections, and controls to enforce laws at sea;

đ) Promote, disseminate, and educate on Vietnamese law, international law, and relevant countries' laws in the field of fisheries; guide fishermen and organizations and individuals related to the implementation of laws concerning fishing and protecting aquatic resources;

e) Participate in disaster prevention and control work, coordinate in search and rescue operations, and perform other tasks as prescribed by law;

g) Perform other tasks assigned by the person who established the patrol team;

h) Request agencies, organizations, and individuals related to provide necessary information and documents for the patrol team;

i) Be equipped and use weapons, support tools, technical means, and operational measures to perform tasks according to the provisions of the law;

k) Pursue, arrest, and detain according to the provisions of the law when persons and vessels violating the law do not comply with orders, resist, or deliberately flee.

4. Patrol vessels

Patrol vessels include: fisheries service boats, watercraft, or other forces' means participating in patrol, inspection, and control missions.

Article 8. Order to mobilize vessels

Based on the decision to establish patrol teams that have been issued:

2. The head of the Fisheries Surveillance agency or the head of the local aquatic resources management agency issues the order to mobilize vessels for patrol teams established by the locality.

3. The order to mobilize vessels follows the model attached as Appendix III to this Circular.

Article 9. Ensuring Safety and Effectiveness of Patrol, Inspection, and Supervision Trips

1. Before departure for patrol, the Head of the Patrol Team shall convene a meeting with the team to review and assess the work of ensuring safety and effectiveness of the patrol, inspection, and supervision trip.

2. The contents of the review and assessment include:

a) Reviewing specific assignments for members of the patrol team and anticipating members of the inspection group;

b) Evaluating weather conditions and other signs to ensure safety for personnel and patrol vessels;

c) Classifying objects, fishing vessels operating in the fishing grounds and sea areas assigned for patrol, inspection, and supervision;

d) Inspecting logistical and technical support services for the patrol, inspection, and supervision trip.

3. The review and assessment of work to ensure safety and effectiveness of the patrol, inspection, and supervision trip shall be documented and filed in the patrol trip record.

Article 10. Conducting Patrols

1. The patrol team implements the journey according to the plan of the patrol, inspection, and supervision trip issued in accordance with Clause 3, Article 6 of this Circular; organizing observation, assessment of the situation regarding compliance with laws on exploitation and protection of aquatic resources by persons and vessels operating at sea.

2. In case it is necessary to change the planned route of the patrol, inspection, and supervision trip, the Head of the Patrol Team must report to the authorized person specified in Clause 2, Article 6 of this Circular through the communication system on board for consideration and decision.

3. In cases of force majeure, the Head of the Patrol Team must convene a meeting with the team to consider and decide on changing the route.

4. Any changes to the route of the patrol trip must be recorded in a protocol and filed in the records of the patrol, inspection, and supervision trip.

Article 11. Situations for Stopping Fishing Vessels for Inspection and Supervision

1. Directly or through technical equipment, detecting and recording violations or signs of violation of laws on exploitation and protection of aquatic resources.

2. Upon receiving information or reports about violations of laws on exploitation and protection of aquatic resources from organizations or individuals.

3. Implementing directives from higher-level management agencies or requests from authorized agencies.

4. Other signs of violation of laws related to the provisions of the law.

5. Inspecting compliance with laws on exploitation and protection of aquatic resources.

Article 12. Stop Command and Approaching Fishing Vessels

1. Based on one of the situations for stopping fishing vessels stipulated in Article 11 of this Circular, the Head of the Patrol Team issues a stop command. The stop command is conveyed through one of the following signals: horn, loudspeaker, light, flag, radio communication device, and other methods prescribed by Vietnamese and international laws.

2. Depending on the actual situation and conditions, the Head of the Patrol Team decides the number of inspection teams and their members, and the use of boats to approach and board fishing vessels.

Article 13. Inspection Teams

1. The inspection team is a part of the patrol team, assigned and performing tasks under the direction of the Head of the Patrol Team.

2. The inspection team consists of a minimum of three (3) people including: the Team Leader, one (1) fisheries inspector with specialized knowledge, and other members of the patrol team. The Team Leader commands the inspection team and is responsible to the Head of the Patrol Team.

3. Tasks of the inspection team

a) Strictly follow the instructions and directions of the Head of the Patrol Team and the patrol plan issued by the competent authority;

b) Board fishing vessels directly to conduct inspections and supervision of compliance with laws on exploitation and protection of aquatic resources;

c) Collect information, evidence, and documents related to the situation and handle administrative violations committed by organizations and individuals according to regulations;

d) Promote and disseminate Vietnamese laws, international laws, and relevant national laws in the field of fisheries; guide fishermen and related organizations and individuals in implementing laws on exploitation and protection of aquatic resources;

đ) Perform other tasks assigned by the Head of the Patrol Team.

Article 14. Conducting inspections and controls on fishing vessels

1. Team leader of the inspection team

a) Greet the captain or owner of the fishing vessel, introduce the inspection team of the Fisheries Surveillance Force performing patrol, inspection, control tasks, enforcing laws on exploitation and protection of aquatic resources at sea;

b) Inform the captain or owner of the fishing vessel about the content of the inspection and control;

c) Require the captain or owner of the fishing vessel, crew members, and persons working on the fishing vessel to comply with the inspection and control conducted by the inspection team. The content of the inspection and control is stipulated in Article 15 of this Circular;

d) In case of discovering violations of laws on exploitation and protection of aquatic resources, handle them according to the provisions of the law;

đ) Guide crew members and persons working on the fishing vessel on points to note when operating at sea, disseminate and popularize laws on aquaculture;

e) Report the results of the inspection and control to the captain or owner of the fishing vessel before leaving the fishing vessel;

g) Report to the Patrol Team Leader the results of the inspection and control on the fishing vessel.

2. Members of the inspection team

a) Carry out inspections and controls on assigned contents by the Team Leader;

b) Guard and observe all developments during the inspection and control process on the fishing vessel;

c) Report to the Team Leader the results of the inspection and control.

Article 15. Content of Inspection and Control

1. Inspect and control documents related to crew members and persons working on the fishing vessel: personal identification papers; certificates and licenses for captains, chief engineers, and fishermen; logbooks of crew members on fishing vessels; fisherman's insurance on fishing vessels.

2. Inspect and control documents related to the fishing vessel: registration certificate of the fishing vessel; technical safety certificate of the fishing vessel; fishing permit; fishing operation logbook; fishing operation report; cargo transfer logbook; food safety certification.

3. Inspect and control the installation of equipment on the fishing vessel: maritime equipment, life-saving, fire-fighting equipment; communication and signaling systems; voyage monitoring devices.

4. Inspect and control compliance with regulations on exploitation and protection of aquatic resources: flagging according to regulations; marking identification of fishing vessels; writing down registration numbers of fishing vessels; fishing areas; transferring or assisting illegal fishing vessels; fishing methods and gear; using electricity for fishing; storing and using prohibited chemicals, toxic substances, explosives, poisonous plants for fishing.

5. Inspect and control other contents as prescribed by Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

6. Inspection and control records shall be made according to the model attached as Appendix IV to this Circular.

Article 16. Handling and Administrative Sanctions for Violations

When discovering violations of laws on exploitation and protection of aquatic resources, the patrol team will handle and impose administrative sanctions according to the provisions of the law.

Article 17. Organizing Escort of Violating Fishing Vessels

In cases where violating fishing vessels need to be escorted for verification, handling of violations, or serving investigative activities, the escort procedures for violating fishing vessels shall be carried out as follows:

1. The Patrol Team Leader decides on escorting the violating fishing vessel:

a) Decide on the composition, fisheries surveillance boats, and vessels for escorting;

b) Decide on escort measures, formation, and distance;

c) Assign members to observe, guard, and supervise throughout the escort process;

d) Inform the captain or owner of the violating fishing vessel of the reasons for escorting, the position, and coordinates of the escorted vessel;

đ) Require the captain and other members on the violating fishing vessel to comply with the escorting of the fishing vessel to the designated location;

e) Implement measures to ensure the safety of people, evidence, and the violating fishing vessel during the escort;

g) Maintain communication and promptly report to superiors any arising situations.

2. Measures for escorting violating fishing vessels

a) The captain of the fishing vessel voluntarily brings the violating fishing vessel to the position and location as notified by the patrol team;

b) Use patrol means to bring the violating fishing vessel to the position and location as notified by the patrol team.

Article 18. Guarding and returning fishing vessels in violation

The competent authority specified in Clause 2 of Article 6 shall be responsible for:

1. Organizing guarding to ensure safety for persons, objects, and fishing vessels in violation during the process of handling cases involving temporary detention of objects and fishing vessels as prescribed.

2. Organizing the return of objects and fishing vessels in violation in accordance with the laws on administrative violations.

Article 19. Transfer of cases to other agencies for handling

1. For cases not within their jurisdiction, after escorting the fishing vessel in violation to the temporary detention location, the Head of the Patrol Team must transfer the case to the competent agency or unit for handling as prescribed by law.

2. The transfer must be documented in writing and representatives of the relevant parties must sign the transfer record as prescribed.

Article 20. Conclusion of patrol, inspection, and control trips

1. The Head of the Patrol Team is responsible for organizing a meeting of the team to summarize and draw lessons from the activities of the patrol, inspection, and control trip.

2. Within three working days from the date of conclusion of the patrol, inspection, and control trip, the Head of the Patrol Team is responsible for reporting in writing the results of the patrol to the person who decided to establish the patrol team. Within three working days from the date of receipt of the report from the Head of the Patrol Team, the head of the agency or unit issuing the decision to establish the patrol team is responsible for reporting in writing the results of the implementation of the patrol, inspection, and control trip to the immediate superior. The report on the results of the patrol, inspection, and control trip follows the model at Appendix V issued together with this Circular.

3. The files of the patrol, inspection, and control trip are stored in accordance with the laws on archives and records management.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Circular takes effect from January 9, 2023.

Article 22. Responsibility for enforcement

2. Regional Fisheries Inspection Agencies and local fisheries management agencies are responsible for guiding, disseminating information, popularizing, and organizing the implementation of this Circular within their jurisdiction.