Circular No. 25/2013/TT-BNNPTNT details the implementation of certain provisions of the Government Decree No. 33/2010/NĐ-CP dated March 31, 2010 on managing fishing activities of organizations and individuals of Vietnam in various sea areas and provides detailed regulations for Article 3 of the Government Decree No. 53/2012/NĐ-CP dated June 20, 2012 on amending and supplementing some articles of decrees in the fisheries sector.

CIRCULAR

Provides detailed implementation of certain Articles of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals of Vietnam in various sea areas, and provides detailed implementation of Article 3 of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing certain provisions of decrees in the fisheries sector.

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Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on administrative procedure control;

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

Pursuant to the Fisheries Law 2003;

Pursuant to Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals of Vietnam in various sea areas;

Pursuant to Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing certain provisions of decrees in the fisheries sector;

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

The Minister of Agriculture and Rural Development issues this Circular providing detailed implementation of certain Articles of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals of Vietnam in various sea areas, and providing detailed implementation of Article 3 of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing certain provisions of decrees in the fisheries sector.

Article 1. Scope of Regulation and Applicability

1. This Circular provides detailed implementation of:

a) Clause 4, Article 5; point c, Clause 1, Article 6; Clause 4, Article 8; Clause 2, and Clause 6, Article 12 of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals of Vietnam in various sea areas.

b) Clause 4, Clause 5, Article 3 of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing decrees in the fisheries sector.

2. This Circular applies to organizations and individuals of Vietnam related to fishing activities in various sea areas.

Article 2. Detailed provisions for Clause 4, Article 5 of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals of Vietnam in various sea areas. dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals of Vietnam in various sea areas.

1. Specifies the method of marking fishing vessels.

a) For fishing vessels with main engine power from 90HP upwards:

Vessels with cabins: Paint two vertical stripes at the midpoint of both sides of the cabin, covering the full height of the cabin; each stripe has a width of 25-30 cm; the distance between the two stripes is 30-40 cm.

Vessels without cabins: Paint two vertical stripes on the side of the vessel behind the registration number, 30 cm away from the registration number, with the height of the stripes being twice the height of the registration number; each stripe has a width of 25-30 cm; the distance between the two stripes is 30-40 cm.

b) For fishing vessels with main engine power from 20HP to less than 90HP:

Vessels with cabins: Paint one vertical stripe at the midpoint of both sides of the cabin, covering the full height of the cabin; the stripe has a width of 25-30 cm.

Vessels without cabins: Paint one vertical stripe on both sides of the vessel behind the registration number, 30 cm away from the registration number, with the height of the stripe being twice the height of the registration number; the stripe has a width of 25-30 cm.

c) For fishing vessels with installed engine power below 20HP or without an engine, there is no need to mark the fishing vessel.

2. Specifies the color of the stripes used to mark fishing vessels: Either of the following may be used to mark fishing vessels:

a) Orange paint;

b) Reflective orange vinyl stickers.

3. The color of the cabin and the color of the fishing vessel shall not match the color specified for marking the fishing vessel.

4. The specialized fisheries management agency assigned the task shall be responsible for organizing the marking of fishing vessels under its management.

Article 3. Detailed provisions on point c, Clause 1, Article 6 of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on management of fishing activities of organizations and individuals of Vietnam in various sea areas.

Fishing vessels operating outside Vietnam's territorial waters must be equipped with at least the minimum safety equipment for people and fishing vessels, and communication devices for fishing vessels operating in sea areas over 50 nautical miles according to Appendix 1 issued together with Circular No. 02/2007/TT-BTS dated July 13, 2007 of the Ministry of Fisheries (now the Ministry of Agriculture and Rural Development) guiding the implementation of Decree No. 66/2005/NĐ-CP dated May 19, 2005 of the Government on ensuring safety for people and fishing vessels operating at sea.

Article 4. Detailed provisions on Clause 4, Article 3 of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing certain decrees in the field of fisheries.

1. Procedures and steps for issuing relevant documents for organizations and individuals sending fishing vessels to fish in waters outside Vietnam’s territorial waters.

a) Organizations and individuals submit directly or through postal service (one set) the following documents to the General Department of Fisheries:

Application form for permission to operate fishing vessels in the waters of another country or territory (according to the model prescribed in Appendix I attached to this Circular);

Cooperation agreement for fishing in the waters of another country or territory approved by the competent authority of that country or territory (certified copy);

Certificate of registration of fishing vessel (photocopy);

Technical safety certificate of fishing vessel (photocopy);

List, photos, and passport numbers of crew members and workers on board the fishing vessel;

Captain's license and chief engineer's license (photocopy).

b) Within five working days from the date of receipt of complete documents, the General Department of Fisheries will examine and approve the documents and issue the certificates as stipulated in Point 3, Clause 4, Article 3 of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government including:

Permit for fishing vessels to operate in waters outside Vietnam’s territorial waters (according to the model prescribed in Appendix II attached to this Circular);

Certificate of registration of fishing vessel (according to the model prescribed in Appendix III attached to this Circular);

Technical safety certificate of fishing vessel (according to the model prescribed in Appendix IV attached to this Circular);

List of crew members and workers on board the fishing vessel (according to the model prescribed in Appendix V attached to this Circular).

In case of refusal to grant permission, the General Department of Fisheries must provide a written response to the organization or individual requesting permission for the fishing vessel to operate in waters outside Vietnam’s territorial waters, stating the reasons.

c) When collecting the issued documents, organizations and individuals must return to the General Department of Fisheries the following documents:

Fishing permit (original);

Certificate of registration of fishing vessel (original);

Technical safety certificate of fishing vessel (original);

The General Department of Fisheries is responsible for receiving, registering, and keeping the returned documents.

d) Within two working days from the date of issuance of the permit, the General Department of Fisheries must notify the People's Committee of the province where the organization or individual has fishing vessels operating in waters outside Vietnam’s territorial waters, and the Ministries of National Defense, Public Security, and Foreign Affairs to coordinate monitoring and management (according to the model prescribed in Appendix VI attached to this Circular).

2. Procedure and steps for returning documents submitted to the General Department of Fisheries after completing fishing operations in waters outside Vietnam’s territorial waters

a) Organizations and individuals submit an application for returning the submitted documents (according to Appendix II of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing certain articles of decrees in the field of fisheries) directly to the General Department of Fisheries or through postal service.

b) Within two working days from the date of receipt of the application as prescribed, the General Department of Fisheries must return the submitted documents to the organization or individual according to Point c, Clause 1 of Article 4 of this Circular; and notify the People's Committee of the province where the organization or individual registered the fishing vessel and the Ministries of National Defense, Public Security, and Foreign Affairs to coordinate monitoring and management (according to the model prescribed in Appendix VII attached to this Circular).

c) When collecting the returned documents from the General Department of Fisheries, organizations and individuals must submit directly to the General Department of Fisheries the following documents:

Liquidation agreement of cooperation agreement for fishing with foreign partners upon expiration (liquidation agreement original in Vietnamese or certified copy translated into Vietnamese) or a statement explaining the reason for early return to Vietnam.

Documents issued by the General Department of Fisheries as stipulated in Point b, Clause 1, Article 4 of this Circular.

In case the owner of the fishing vessel loses the issued documents, they must submit a report on the reason for loss, confirmed by the police or the People's Committee of the commune. If the documents are lost abroad, the owner of the fishing vessel must obtain confirmation from the Vietnamese diplomatic mission in the host country.

The owner of the fishing vessel can collect the results directly from the General Department of Fisheries or request the General Department of Fisheries to deliver the results via postal service.

In case of failure to return the documents or incomplete return, the General Department of Fisheries must provide a written response stating the reasons. In case of loss or misplacement of the submitted documents, the General Department of Fisheries must inform the competent authority where the organization or individual registered the fishing vessel and request reissue of the documents for the owner of the fishing vessel according to regulations.

Article 5. Detailed provisions for Clause 4, Article 8 of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals of Vietnam in various sea areas.

1. Fishing operation report

The ship owner or captain of all fishing vessels with a Fishing Operation Permit shall be responsible for recording the catch volume of each fishing trip in the fishing operation logbook (in accordance with the model prescribed in Appendix VIII attached hereto)(in accordance with the model prescribed in Appendix VIII attached hereto).

2. Recording and Submitting Fishing Operation Logs

a) For fishing vessels with main engine power of 20 HP or more, the captain shall be responsible for recording the fishing operation logbook(in accordance with the model prescribed in Appendix VIII attached hereto).

b) The ship owner or captain shall submit and receive new fishing operation logbooks in accordance with the regulations of the Department of Agriculture and Rural Development.

3. Consolidation and processing of fishing operation logbook data.

a) The Department of Agriculture and Rural Development shall consolidate and report data to the Ministry of Agriculture and Rural Development (Fisheries General Department) and the Provincial People's Committee no later than the third week of the following month through the fishing operation logbook software or in accordance with the prescribed model (the prescribed model at Appendix IX attached hereto).(the prescribed model at Appendix IX attached hereto).

b) The Fisheries General Department shall be responsible for consolidating, inspecting, and guiding reporting from localities; the Institute of Marine Products shall be responsible for receiving, processing, and managing the database according to its functions and current regulations.

Article 6. Detailed provisions for Clause 2, Article 12 of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on management of fishing activities of organizations and individuals in Vietnam in various sea areas

1. For coastal and estuarine waters

a) The Provincial People's Committee shall be responsible for protecting and developing fishery resources for sustainable exploitation; in cases where necessary and with the consent of the Ministry of Agriculture and Rural Development, additional regulations on fishing methods, types of fishing operations, prohibited or restricted fishing gear, and minimum size and species of fish allowed for exploitation shall be established in accordance with the actual exploitation of fishery resources in the locality.

b) Develop plans, guidelines, and directions for the development of fishing operations, vessel structure, and quantity suitable for the capacity and allowable amount of fishery resources in the area; investigate fishery resources; organize inspection and supervision of fishing activities within the scope of local management.

c) Delegate and guide the People's Committees of districts and communes to build and develop community participation models in fishing activities in coastal waters.

2. For offshore waters

Coordinate with the Ministry of Agriculture and Rural Development to develop plans, guidelines, investigations of fishery resources, and directions for the development of fishing operations to ensure effective exploitation and sustainable development.

Article 7. Detailed provisions for Clause 6, Article 12 of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on management of fishing activities of organizations and individuals in Vietnam in various sea areas

The Departments of Agriculture and Rural Development of provinces shall consolidate data on the issuance of fishing operation permits (in accordance with the model prescribed in Appendix X of this Circular)of this Circular, and send reports to the Fisheries General Department before the 25th of each month. Reports on the registration and inspection of fishing vessels shall be carried out in accordance with Circular No. 02/2007/TT-BTS dated July 13, 2007 of the former Ministry of Fisheries (now the Ministry of Agriculture and Rural Development) guiding Decree No. 66/2005/NĐ-CP dated May 19, 2005 of the Government on ensuring safety for people and fishing vessels operating at sea.

Report on the situation of registration and inspection of fishing vessels implemented in accordance with Circular 02/2007/TT-BTS dated July 13, 2007, issued by the former Ministry of Fisheries (now the Ministry of Agriculture and Rural Development), guiding Government Decree No. 66/2005/NĐ-CP dated May 19, 2005, concerning the assurance of safety for persons and fishing vessels operating at sea.

Article 8. Details of Clause 5, Article 3 of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing decrees in the fisheries sector regarding labor contracts

Organizations and individuals when sending fishing vessels to fish in waters outside the national maritime territory or another territory must necessarily implement the signing of labor contracts with crew members and workers on board in accordance with Circular No. 21/2003/TT-BLDTBXH dated September 22, 2003 guiding the implementation of certain provisions of the Government's Decree No. 44/2003 dated May 9, 2003 on Labor Contracts and Circular No. 17/2009/TT-BLDTBXH dated May 26, 2009 of the Ministry of Labor, Invalids and Social Affairs amending and supplementing some articles of Circular No. 21/2003/TT-BLDTBXH.

Article 9. Implementation Organization

1. The budget for organizing and implementing the marking of fishing vessels; printing and processing data from Logbooks and Fishing Reports shall be included in the annual operating budget of the units assigned the task of preparing the budget for public expenditure for their activities.

2. The Fisheries General Department, Departments, Bureaus, and related units under the Ministry of Agriculture and Rural Development; Provincial Departments of Agriculture and Rural Development shall urge and inspect the implementation of this Circular within their respective functions, tasks, and authorities.

3. During the implementation process, if any issues arise or difficulties occur, agencies and units shall promptly report and propose solutions to the Ministry of Agriculture and Rural Development (Fisheries General Department) for consolidation and submission to the Minister for consideration and appropriate amendment and supplementation.

Article 10. Effective Date

1. This Circular takes effect from June 25, 2013.

2. This Circular replaces Circular No. 48/2010/TT-BNNPTNT dated August 11, 2010 of the Ministry of Agriculture and Rural Development guiding the implementation of the Government's Decree No. 33/2010/NĐ-CP dated March 31, 2010 on managing fishing activities of organizations and individuals in Vietnam in various sea areas./.