Decree No. 191/2004/ND-CP On Managing Foreign Fishing Vessels' Activities in Vietnam's Exclusive Economic Zone and Contiguous Zone

DECREE

On the management of fishing activities of foreign fishing vessels

in Vietnam's maritime zones
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THE GOVERNMENT

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

Based on the Fisheries Law dated November 26, 2003;

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. Scope of application

This Decree stipulates conditions, procedures, authorities for issuing, revoking Fishing Activity Permits; responsibilities of foreign fishing vessel owners conducting fishing activities in Vietnam’s maritime zones; responsibilities of state management agencies regarding foreign fishing vessel activities in Vietnam’s maritime zones; inspection, supervision, administrative violation handling, and complaints and denunciations related to foreign fishing vessel activities in Vietnam’s maritime zones.

Article 2. Applicability

This Decree applies to foreign fishing vessel owners conducting fishing activities in Vietnam’s maritime zones and relevant agencies, organizations, and individuals.

In cases where international treaties to which Vietnam is a party provide different provisions from those of this Decree, such treaties shall be applied.

Article 3. Definitions

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

1. The vessel owner is the owner, lessee, manager, or captain of the fishing vessel.

2. Vietnam’s maritime zones are the maritime areas under Vietnam’s sovereignty, sovereign rights, and jurisdiction as defined in the Law on National Boundaries dated June 26, 2003, and according to international treaties between the Socialist Republic of Vietnam and relevant countries.

3. Foreign fishing vessels are fishing vessels registered abroad.

Article 4. Principles for foreign fishing vessel fishing activities in Vietnam’s maritime zones

1. Foreign fishing vessel fishing activities in Vietnam’s maritime zones are based on international cooperation, ensuring equality, mutual benefit, respect for each party’s independence, sovereignty, laws, and international law.

2. Foreign fishing vessel fishing activities in Vietnam’s maritime zones must comply with national and local planning and development plans for the fisheries sector; ensure safety for fishing vessels and crew members.

3. Foreign fishing vessels may only conduct fishing activities in Vietnam’s maritime zones when they have a Fishing Activity Permit issued by competent Vietnamese authorities.

4. Foreign fishing vessels conducting fishing activities in Vietnam’s maritime zones must comply with this Decree and other relevant Vietnamese laws.

PART II
CONDITIONS, PROCEDURES, AUTHORITY FOR ISSUING, EXTENDING, AND REVOKING FISHING ACTIVITY PERMITS FOR FOREIGN FISHING VESSELS

Article 5. Fishing Activity Permit for foreign fishing vessels

1. The Fishing Activity Permit (hereinafter referred to as the Permit) is issued for each fishing vessel. A vessel owner may apply for a Permit for multiple fishing vessels. The contents of the Permit follow the model attached to this Decree.

2. The validity period of the Permit does not exceed 12 months for fishing operations and 24 months for other fishing activities.

3. The Permit can be extended multiple times, with each extension not exceeding 12 months.

Article 6. Conditions for Issuing the Permit

Foreign fishing vessels will be considered for issuance of a Fishing Activity Permit if the vessel owner meets the following conditions:

1. Possessing one of the following documents or texts:

a) Investment permit issued by the competent state management authority;

b) Joint venture project for marine resource investigation, exploration, and fishing approved by the Prime Minister or delegated to the Minister of Fisheries for approval;

c) Joint venture project for technical training, technology transfer, and leasing of foreign fishing vessels approved by the Minister of Fisheries;

d) Joint venture project for business, purchasing, and transporting marine products agreed in principle by the People's Committee Chairmen of provinces and centrally-administered cities.

2. Certificate of registration and certificate of technical safety of the fishing vessel.

3. Permit for frequency usage and radio communication equipment.

4. The captain and chief engineer of the fishing vessel must hold appropriate certificates as prescribed by law.

Article 7. Procedures for Issuing and Extending the Permit

1. Application dossier for the Permit includes:

a) Application form for the Permit for fishing vessels as prescribed by the Ministry of Fisheries;

b) Relevant documents and texts as stipulated in Clauses 1, 2, 3, and 4 of Article 6 of this Decree;

c) List and photos of each crew member and workers on the fishing vessel (indicating full name, nationality, position).

2. Application dossier for extending the Permit includes:

a) Extension application form for the Permit as prescribed by the Ministry of Fisheries;

b) Report on the operation status of the fishing vessel during the Permit validity period;

c) Technical safety certificate of the fishing vessel (certified copy);

d) Previously issued Permit (certified copy).

3. The competent authority for issuing the Permit as prescribed in Article 8 of this Decree shall consider issuing or extending the Permit within 15 working days from the date of receiving complete and valid dossiers. If the Permit is not issued or extended, a written response with reasons must be provided.

4. The vessel owner applying for the Permit or extension must pay fees as prescribed by Vietnamese law.

Article 8. Authority for Issuing and Extending the Permit

The Directorate of Fisheries Resource Exploitation and Protection under the Ministry of Fisheries is the competent authority for issuing and extending the Permit for foreign fishing vessels operating in Vietnam’s maritime zones.

Article 9. Cases Where the Permit Becomes Invalid

1. The fishing vessel ceases operations in Vietnam’s maritime zones before the date specified in the Permit.

2. The investment permit or joint venture contract is suspended or terminated.

3. The Permit is temporarily suspended or revoked.

4. The Permit expires.

5. The fishing vessel is destroyed, sunk, or missing.

Article 10. Cases Where the Permit Is Revoked

1. The Permit is altered or tampered with.

2. The fishing vessel is administratively penalized three times during the Permit validity period.

3. Using the Permit for a different fishing vessel than that specified in the Permit.

CHAPTER III
RIGHTS AND RESPONSIBILITIES OF FOREIGN FISHING VESSEL OWNERS

Article 11. Rights of foreign fishing vessel owners conducting fishing activities in Vietnam’s maritime zones

1. Conduct fishing activities in Vietnam’s maritime zones as stated in the Permit.

2. Receive timely notifications from Vietnamese state specialized agencies about weather conditions; obtain information related to the fishing sector and guidance on Vietnamese laws upon request.

3. Be protected by the Vietnamese State in their lawful rights and interests during fishing activities.

4. Have other rights as provided for by Vietnamese law.

Article 12. Responsibilities of foreign fishing vessel owners during the operation of the vessel

Foreign fishing vessel owners must comply with the following regulations when their vessels conduct fishing activities in Vietnam's territorial waters:

1. Seven (07) days before bringing the fishing vessel into Vietnam's territorial waters, they must notify the Fisheries Exploitation and Conservation Department under the Ministry of Fisheries of Vietnam. Upon arrival in Vietnam, they must complete entry procedures in accordance with the law.

2. Must always carry on board the fishing vessel the following documents (originals):

a) Fishing activity permit;

b) Registration certificate for fishing vessels;

c) Safety technical inspection certificate for fishing vessels;

d) Permit for using frequency and radio communication equipment;

e) Crew logbook and passports of each person working on the vessel.

3. Operate in accordance with the contents recorded in the issued permit; keep activity logs and report activities as prescribed by the Vietnamese Ministry of Fisheries.

4. Fully comply with relevant Vietnamese laws and international treaties to which Vietnam is a party.

5. Accept and ensure working and living conditions for Vietnamese supervisors according to the standards for officers on fishing vessels.

6. Be subject to inspection and control by management forces in Vietnam's territorial waters as stipulated in Clause 1, Article 17 of this Decree.

7. When encountering accidents, emergencies, or dangers requiring assistance, the vessel owner must issue distress signals as prescribed and immediately inform the nearest relevant Vietnamese authority, clearly stating specific assistance requirements.

Article 13. Responsibilities of foreign fishing vessel owners when the vessel concludes its operations

1. When a foreign fishing vessel concludes its operations and leaves Vietnam's territorial waters, the vessel owner must fulfill all obligations under the issued Investment Permit, approved Project, signed Contract (except those with special agreements), and other relevant provisions of Vietnamese law.

2. In cases where a foreign fishing vessel ceases operations while the Permit remains valid, the vessel owner must submit a written report to the issuing authority at least seven (07) days prior to the planned cessation date.

PART IV
RESPONSIBILITIES OF THE STATE MANAGEMENT AUTHORITIES FOR FOREIGN FISHING VESSELS' ACTIVITIES IN VIETNAM'S TERRITORIAL WATERS

Article 14. Responsibilities of the Ministry of Fisheries

The Ministry of Fisheries assists the Government in uniformly managing foreign fishing vessels' activities in Vietnam's territorial waters and is responsible for:

1. Managing foreign fishing vessels' activities in Vietnam's territorial waters in accordance with this Decree and relevant Vietnamese laws.

2. Prescribing the issuance, extension of Permits, and the dispatching of Vietnamese supervisors to foreign fishing vessels for monitoring (specifying circumstances, timeframes for dispatching supervisors; monitoring content).

3. Notifying and sending copies of issued or extended Permits to foreign fishing vessels to the Ministry of National Defense, Ministry of Public Security, Ministry of Transport, General Customs Department, and provincial people's committees directly under the central government for coordinated management of foreign fishing vessels' activities.

4. Conducting inspections, handling complaints and accusations, and dealing with violations according to its authority and as prescribed by law.

Article 15. Responsibilities of Ministries and Sectors

1. The Ministry of Planning and Investment collaborates with the Ministry of Fisheries and provincial People's Committees in reviewing investment permits for projects involving foreign fishing vessels operating in Vietnam's territorial waters.

2. The Ministries of National Defense, Public Security, Transport, General Customs Department, and other relevant ministries and sectors according to their functions, tasks, and authorities have the responsibility to:

a) Collaborate with the Ministry of Fisheries to implement state management over foreign fishing vessels' activities in Vietnam's territorial waters;

b) Conduct inspections, handle complaints and accusations, and deal with violations according to their authority and as prescribed by law.

Article 16. Responsibilities of provincial People's Committees

Provincial People's Committees according to their functions, tasks, and authorities have the responsibility to:

1. Collaborate with the Ministry of Planning and Investment and the Ministry of Fisheries in reviewing investment permits for projects involving foreign fishing vessels operating in Vietnam's territorial waters.

2. Approve cooperation projects related to purchasing and transporting seafood based on compatibility with the industry's and local development plans.

3. Conduct inspections, handle complaints and accusations, and deal with violations according to their authority and as prescribed by law.

CHAPTER V
INSPECTION, CONTROL, AND ADMINISTRATIVE VIOLATION HANDLING
APPEAL AND COMPLAINT

Article 17. Inspection and control of foreign fishing vessels' activities in Vietnam's territorial waters

1. Forces inspecting and controlling foreign fishing vessels' activities in Vietnam's territorial waters include: Fisheries Inspectors, Coast Guard, Border Guards, Inland Waterway Traffic Police, Customs, and other specialized inspection forces.

These inspection forces conduct inspections and controls over foreign fishing vessels' activities in Vietnam's territorial waters within their respective areas of management as prescribed by Vietnamese law; handle administrative violations according to their authority as stipulated in the Administrative Violation Handling Ordinance; and are responsible for coordinating with related forces in performing their duties.

2. While performing their duties, the forces specified in Clause 1 of this Article must wear uniforms, insignias, badges, and specialized inspection identification cards as prescribed by law.

Vessels and boats conducting inspections and controls at sea must fly the Vietnamese national flag, specialized service flags, and signs as prescribed by law.

Article 18. Handling administrative violations by foreign fishing vessels that have been granted permits

The captain of foreign fishing vessels with a Permit, when conducting fishing activities in Vietnam's territorial waters and committing acts that violate Vietnam’s laws in the fisheries sector, shall be subject to administrative penalties under the Government Decree stipulating the handling of administrative violations in the fisheries sector and other relevant provisions of Vietnamese law.

Upon discovering any of the cases for revoking the Permit as specified in Article 10 of this Decree, the authority responsible for handling administrative violations must immediately seize the Permit and promptly notify the Fisheries Resource Exploitation and Protection Department under the Ministry of Fisheries to revoke it.

Article 19. Procedures for handling administrative violations and enforcing penalty decisions; applying measures to prevent administrative violations

1. The procedures for handling administrative violations shall be carried out in accordance with the Administrative Violation Handling Ordinance and Decision No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the 2002 Administrative Violation Handling Ordinance.

2. The application of measures to prevent administrative violations and ensure the handling of administrative violations shall be implemented according to Articles 43 to 49 of the 2002 Administrative Violation Handling Ordinance.

3. The management of foreigners who violate the provisions of this Decree during the waiting period for deportation shall be carried out in accordance with Article 51 of the 2002 Administrative Violation Handling Ordinance.

4. In the case where foreign fishing vessels are detained:

a) The forces seizing or receiving for investigation must report immediately to the Ministry of Foreign Affairs and the Ministry of Fisheries for coordination in handling; propose recommendations if it is necessary to impose administrative expulsion penalties on foreign violators;

b) The owner of the fishing vessel must bear all costs related to the preservation of the fishing vessel, food and lodging expenses, repatriation costs, and other costs for those who are temporarily detained or managed in Vietnam.

Article 20. Handling violations by authorities responsible for handling administrative violations

The handling of violations by authorities responsible for handling administrative violations concerning the provisions of this Decree shall be carried out in accordance with Article 121 of the 2002 Administrative Violation Handling Ordinance.

Article 21. Petitioning and Reporting

1. Organizations and individuals have the right to lodge complaints and denunciations regarding violations of the provisions of this Decree and in accordance with the law on complaints and denunciations.

2. The authority, procedures, and deadlines for resolving complaints and denunciations shall be implemented in accordance with the law on complaints and denunciations.

Chapter VI
IMPLEMENTING PROVISIONS

Article 22. Effectiveness of the Decree

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Government Decree No. 49/1998/NĐ-CP dated July 13, 1998 on the management of foreign fishing activities and vessels in Vietnam's maritime zones.

Article 23. Responsibility for guiding and implementing this Decree

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

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