Joint Circular No. 27/2003/TTLT-BQP-BTS guiding the coordination between the Ministry of National Defense and the Ministry of Fisheries in state management and activities of the Coast Guard Force and cooperation in activities between the Coast Guard Force and relevant forces under the Ministry of Fisheries in Vietnam's maritime areas and continental shelf.

JOINT CIRCULAR

Guidelines for coordinating the implementation of state management between the Ministry of National Defense and the Ministry of Fisheries regarding the activities of the Coast Guard Force and cooperation in activities between the Coast Guard Force and relevant forces under the Ministry of Fisheries in Vietnam's maritime areas and continental shelf.

Implementing the Inter-Ministerial Regulation on the coordination of state management over the activities of the Coast Guard Force and cooperation in activities between various forces in Vietnam's maritime areas and continental shelf issued together with Decree No. 41/2001/NĐ-CP dated July 24, 2001 of the Government, the Ministry of National Defense and the Ministry of Fisheries hereby provide guidance on certain points as follows:

I. Coordination in state management over the activities of the Coast Guard Force

1. Responsibilities of the Ministry of National Defense in coordinating with the Ministry of Fisheries (guidance for Clause 3, Article 8 of the Regulation).

1.1. Exchange necessary information and documents related to the exploitation and protection of aquatic resources by vessels, boats, and other means operating at sea.

1.2. Study, develop, and submit to competent authorities for promulgation legal documents concerning the exploitation and protection of aquatic resources that are relevant to the activities of the Coast Guard Force.

1.3. Direct the Coast Guard Force to coordinate with relevant forces under the Ministry of Fisheries to patrol, inspect, control, detect, prevent, and handle violations of Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party in the fields of exploitation and protection of aquatic resources in Vietnam's maritime areas and continental shelf according to current legal provisions.

1.4. Direct the Coast Guard Force to coordinate with relevant forces under the Ministry of Fisheries to protect state property, lives, and assets of individuals and lawful means operating at sea; safeguard sovereignty, sovereign rights, protect natural resources, prevent and combat marine environmental pollution; search and rescue operations, mitigate marine incidents, and combat piracy.

1.5. Coordinate with the Ministry of Fisheries to direct functional agencies to educate, train, and enhance specialized knowledge and skills in the field of exploitation and protection of aquatic resources for the Coast Guard Force personnel.

1.6. Coordinate in educational and promotional activities of laws related to the exploitation and protection of aquatic resources for organizations and individuals operating in Vietnam's maritime areas and continental shelf.

2. Responsibilities of the Ministry of Fisheries in coordinating with the Ministry of National Defense (guidance for Article 14 of the Regulation).

2.1. Clause 1 is guided as follows:

2.1.1. Provide Vietnamese legal documents on managing fishing activities at sea; international treaties to which the Socialist Republic of Vietnam is a party in Vietnam's maritime areas and continental shelf related to the field of exploitation and protection of aquatic resources.

2.1.2. Timely provide various types of permits and certificates related to fishing activities at sea including:

Fishing licenses and registration certificates for fishing activities of domestic and foreign organizations and individuals;

Vessel registration and crew member certificates;

Certificates of vessel operational capability (Vessel Inspection Book);

Certificates of quarantine for aquatic animals and plants being moved from one area to another for breeding or domestication purposes; imported aquatic animals and plants;

Quality certificates for four categories: seedlings, feed, drugs, and chemicals used in aquaculture, and fishing gear.

2.2. Clause 2 is guided as follows:

2.2.1. Notify the Coast Guard Bureau of the name, code, registration number, distinctive features, route, and operational area of foreign vessels, boats, and means hired from abroad entering Vietnam's maritime areas for fishing activities at least five days before these vessels, boats, and means enter Vietnam's maritime areas.

2.2.2. Foreign individuals and means engaged in fishing activities as mentioned in point 2.2.1 include those belonging to foreign fisheries enterprises and enterprises with foreign investment, when conducting survey, exploration, exploitation, cultivation, harvesting, and transportation of marine products in Vietnam's maritime areas.

2.3. Clause 3 is guided as follows:

Guide and support the Coast Guard Force in professional and vocational matters related to fisheries to identify violations in the field of exploitation and protection of aquatic resources as a basis for handling according to the law.

2.4. Clause 4 is guided as follows:

When necessary, the Ministry of Fisheries shall have the responsibility to coordinate with the Ministry of National Defense to establish plans to control violations in the field of exploitation and protection of aquatic resources in maritime areas where there are many fishing vessels and means violating laws related to the exploitation and protection of aquatic resources.

2.5. Clause 5 is guided as follows:

Coordinate with the Ministry of National Defense in participating in conferences, seminars, negotiations, and signing international agreements on shared fishing grounds to ensure compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party in the field of exploitation and protection of aquatic resources.

2.6. Clause 6 is guided as follows:

Educate and promote legal documents concerning the Coast Guard Force and laws on the exploitation and protection of aquatic resources, as well as specialized knowledge in fisheries to organizations and individuals engaged in fishing activities at sea.

3. Regarding Delegation (guidance for Clause 3, Article 7 of the Regulation).

In cases of necessity, the Ministry of Fisheries will issue a delegation letter to the Coast Guard Force authorizing it to impose administrative penalties and apply preventive measures against violations of laws related to the exploitation and protection of aquatic resources within inland waters when such violations are detected during patrols, inspections, and controls conducted by the Coast Guard Force.

II. Cooperation in activities between the Coast Guard Force and relevant forces under the Ministry of Fisheries

1. Responsibilities of the Maritime Police Force in coordinating activities with relevant forces under the Ministry of Fisheries (as guided by Clause 1 of Article 24 of the Regulation).

1.1. Provide the Fisheries Resource Protection Agency and relevant forces under the Ministry of Fisheries with information and documents on illegal fishing activities by foreign fishing vessels and violations of the law by domestic fishing vessels, such as using explosives, electric currents, poisons, lights exceeding specified wattage, and other methods to illegally exploit aquatic resources.

1.2. Promptly deploy support forces at the request of relevant forces under the Ministry of Fisheries when there are incidents involving fishing vessels and equipment operating at sea, and conduct inspections, controls, detections, preventions, and administrative penalties for violations in the field of fisheries resource protection according to the Government's regulations on administrative penalties in the fisheries sector and Decree No. 49/1998/ND-CP dated July 13, 1998 of the Government on managing foreign fishing vessels and equipment in Vietnam's maritime zones, the Sino-Vietnamese Agreement on Cooperation in Fisheries in the Gulf of Tonkin, and other legal provisions.

1.3. Hand over case files, equipment, evidence, and violators to the Fisheries Resource Protection Inspection Force for handling those cases of law violations by organizations and individuals apprehended by the Maritime Police Force within the jurisdiction of the Fisheries Resource Protection Inspection Force.

1.4. The Maritime Police Bureau shall direct the Maritime Police Zones to coordinate with provincial Fisheries Departments, Fisheries Resource Protection Sub-Departments, and local Fisheries Resource Protection Inspection Forces to implement tasks related to management, exploitation, and protection of fisheries resources.

2. Responsibilities of relevant forces under the Ministry of Fisheries in coordinating activities with the Maritime Police Force (as guided by Clause 2 of Article 24 of the Regulation).

2.1. The Fisheries Resource Protection Agency shall notify the Maritime Police Bureau of types of foreign fishing vessels and equipment permitted to fish in Vietnam's maritime zones; violations concerning the use of fishing vessel registration certificates, environmental protection, marine species conservation, fisheries management, and vessel management.

2.2. In areas with many fishing vessels violating the law, the Fisheries Resource Protection Inspection Force shall proactively coordinate with the Maritime Police Force to jointly inspect, control, detect, prevent, and handle administrative violations in the field of fisheries exploitation and protection according to legal provisions.

2.3. Fishing vessels and equipment of relevant forces under the Ministry of Fisheries have the responsibility to mobilize the Maritime Police Force in urgent situations to pursue violators, rescue victims, and respond to serious environmental incidents occurring in Vietnam's maritime zones.

2.4. The Fisheries Resource Protection Inspection Force shall accept case files, violators, equipment, and evidence of fisheries resource violations transferred by the Maritime Police Force within its jurisdiction.

2.5. The Fisheries Resource Protection Agency and the Central Fisheries Resource Protection Inspection Force shall direct Fisheries Resource Protection Sub-Departments and local Fisheries Resource Protection Inspection Forces to specifically coordinate and cooperate with Maritime Police Zones to implement tasks related to fisheries resource management and protection.

III. Implementation Organization

1. Assign the Maritime Police Bureau and the Fisheries Resource Protection Agency to lead coordination with functional agencies of the Ministry of National Defense and the Ministry of Fisheries to implement this Circular and be responsible for directing subordinate units to specifically coordinate and cooperate to maintain laws in the field of fisheries resource exploitation and protection in Vietnam's maritime zones and continental shelf.

2. This Circular takes effect fifteen days after its publication in the Official Gazette. Any difficulties or issues encountered during implementation should be promptly reported to the Ministry of National Defense and the Ministry of Fisheries for consideration and resolution./.