Decree No. 27/2005/NĐ-CP On detailing and guiding the implementation of certain provisions of the Fisheries Law

DECREE OF THE GOVERNMENT

Detailed regulations and guidance on implementing
Certain Provisions of the Fisheries Law

THE GOVERNMENT

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

Based on the Fisheries Law dated November 26, 2003;

At the proposal of the Minister of Fisheries,

DECREE:

Article 1. Scope of application

This Decree provides detailed regulations and guidance on implementing certain provisions of the Fisheries Law concerning marine protected areas, inland conservation; financial sources for restoring fishery resources; responsibilities of specialized agencies in ensuring the exercise of rights of organizations and individuals engaged in fisheries; transfer and lease of sea surface for aquaculture; primary fish markets.

Article 2. Marine Protected Areas

1. A marine protected area is a defined sea zone (including islands within that sea zone) containing species of animals and plants of national or international value and importance in science, education, tourism, and recreation, which are protected and managed according to the regulations of the protected area.

2. Marine protected areas are classified into: National Parks, Species Conservation Areas, Habitats, and Natural Resource Reserves.

Article 3. Criteria for Classifying Marine Protected Areas

1. National Parks must meet the following criteria:

a) It is a natural area with typical ecosystems, serving as a habitat for rare marine animal and plant species, with diverse genetic resources, of national or international value and importance in science, education, tourism, and recreation;

b) It has sufficient area to maintain and develop one or more ecosystems;

c) It is strictly protected.

2. Species Conservation Areas and Habitats must meet the following criteria:

a) It is a natural area serving as a habitat for marine animal and plant species of national or local value and importance in science, education, tourism, and recreation;

b) It has sufficient area suitable for the living requirements of the protected species and habitats;

c) It is closely protected.

3. Natural Resource Reserves must meet the following criteria:

a) It has at least two-thirds of its area in a natural state, with many marine species growing and developing, protected to maintain that natural state;

b) It has sufficient area to protect without harming its natural value.

Article 4. Classification and Management of Marine Protected Areas

1. The Prime Minister approves the planning of the system of marine protected areas; decides on the establishment of National Parks and conservation areas of national or international importance or related to multiple sectors spanning several provinces.

2. The Ministry of Fisheries develops and submits to the Prime Minister for approval the planning of marine protected areas; manages marine protected areas established by the Prime Minister.

3. Provincial People's Committees decide on the establishment (based on the review opinion of the Ministry of Fisheries) and manage marine protected areas, except in cases provided for in Clause 1 of this Article.

Article 5. Inland Water Conservation Areas

1. An inland water conservation area is a designated zone within wetlands to strictly protect unique ecosystems of national or international importance, with high biodiversity values aimed at ecological balance and protection of existing species.

2. Inland water conservation areas are managed in accordance with the Government's Decree No. 109/2003/ND-CP dated September 23, 2003, on the conservation and sustainable exploitation of wetlands.

Article 6. Financial Sources from the State Budget for Restoring Fishery Resources

1. Allocate funds for restoring fishery resources in the central budget and local budgets according to the分级管理。分级管理意味着根据国家财政管理体系，将恢复渔业资源的资金纳入中央预算和地方预算中。这些资金的管理和使用应遵循国家预算法的规定。

2. The funds from the state budget for restoring fishery resources shall be used for the following purposes:

a) Implementing projects for restoration, protection, and development of fishery resources;

b) Researching and evaluating the effectiveness of activities for restoring fishery resources;

c) Organizing publicity and training techniques to support the work of restoring fishery resources.

Article 7. Fishery Resource Restoration Fund

1. Establish the Fishery Resource Restoration Fund (hereinafter referred to as the Fund) through contributions from organizations and individuals to proactively restore and prevent the depletion of fishery resources.

2. Financial sources for establishing the Fund include:

a) Contributions from organizations and individuals directly involved in fishing, farming, processing, buying, selling, exporting, and importing fishery products;

b) Contributions from organizations and individuals engaged in industries directly affecting fishery resources;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other income as prescribed by law.

3. The Fund shall be used annually for the following purposes:

a) Organizing production, purchasing fish seeds, artificial reefs, and other materials to release into natural waters for the purpose of restoring fishery resources;

b) Managing and operating the Fund.

4. The Prime Minister decides on the establishment, organization, and operation of the Fund.

Article 8. Cases Eligible for Exemption or Reduction of Fund Collection

1. Exempted objects:

a) Individuals engaged in fishing, farming, and processing fishery products not for business purposes;

b) Scientific research vessels, public service vessels, search and rescue vessels, and vessels serving security and defense;

c) Fishing vessels operating less than 50 days in a year or those affected by accidents or risks.

2. Objects eligible for reduced collection:

Fishing vessels operating less than 100 days in a year shall have their collection reduced by 50 percent.

3. The Ministry of Finance, in coordination with the Ministry of Fisheries, shall specify the procedures for exemption and reduction of fund collection.

Article 9. Responsibilities of Specialized Agencies in Ensuring the Exercise of Rights of Organizations and Individuals Engaged in Fisheries

1. The Ministry of Natural Resources and Environment is responsible for promptly providing weather bulletin information to Vietnam Radio and Television for daily broadcasting, and simultaneously providing it to the Ministry of Fisheries for directing operations within the sector.

2. The Ministry of Fisheries is responsible for:

a) Preparing forecasts on fishery resource conditions in fishing grounds seasonally, monthly, and bi-monthly to provide timely information to Vietnam Radio and Television for regular broadcasting twice a week;

b) Organizing technical guidance for fishing activities for fishermen;

c) Through the press system of the Fisheries sector and related central press agencies to provide information on domestic and international fisheries activities;

d) Coordinate with the Ministry of Commerce to issue a weekly market bulletin on fisheries products.

Article 10. Granting and leasing sea surface for aquaculture

1. The sea surface for aquaculture is the marine area planned for aquaculture, extending from the average low-tide line of many years seaward.

2. The subjects eligible to be granted sea surface for aquaculture without payment of sea surface usage fees:

a) Individuals residing in the locality directly engaged in aquaculture whose main livelihood depends on income from aquaculture;

b) Individuals residing in the locality previously engaged in coastal fishing who have switched to aquaculture.

3. Application dossier for granting sea surface for aquaculture:

The subject specified in Clause 1 of this Article must submit an application for granting sea surface for aquaculture, which must be confirmed by the People's Committee of the commune, ward, or town where they reside. The application must demonstrate technical capacity in aquaculture and commitment to environmental protection during aquaculture.

4. Application dossier for leasing sea surface for aquaculture.

a) For organizations and individuals within the country:

- Application for leasing sea surface for aquaculture;

- Feasibility report on aquaculture project reviewed by provincial fisheries management agency;

- Description of technical capacity in aquaculture;

- Environmental impact assessment report on aquaculture and environmental protection plan reviewed and approved by competent authority;

- Business registration certificate (certified true copy).

b) For foreign organizations and individuals:

- Application for leasing sea surface for aquaculture;

- Environmental impact assessment report on aquaculture and environmental protection plan reviewed and approved by competent authority;

- Foreign investment license (certified true copy).

5. Within thirty (30) working days from the date of receipt of complete and valid application dossier, the competent authority shall examine and decide on granting or leasing sea surface for aquaculture and issuing the Certificate of Sea Surface Usage Rights for Aquaculture. In case of non-granting or non-leasing of sea surface, a written response with detailed reasons must be provided.

6. The competent authority deciding on granting or leasing sea surface for aquaculture is also responsible for issuing and revoking the Certificate of Sea Surface Usage Rights.

Article 11. Granting and leasing land for aquaculture

The granting and leasing of land, procedures, and formalities for granting and leasing land and issuance of land use right certificates for aquaculture shall be carried out in accordance with the provisions of the Law on Land. The application dossier for granting and leasing land for aquaculture shall be applied in accordance with the provisions of Article 10 of this Decree.

Article 12. Limitation of sea surface area and duration for granting and leasing for aquaculture

The limitation of sea surface area and duration for granting and leasing for aquaculture is stipulated as follows:

1. The sea surface area granted for aquaculture shall not exceed one (01) hectare.

2. The sea surface area leased for aquaculture shall not exceed thirty (30) hectares in the territorial waters up to three (3) nautical miles from the coast or not more than one hundred (100) hectares in the territorial waters beyond three (3) nautical miles from the coast.

3. The duration of granting and leasing sea surface for aquaculture shall not exceed twenty (20) years, calculated from the date recorded in the decision on granting or leasing sea surface.

4. In cases where the sea surface area granted or leased for aquaculture is not fully utilized according to the regulations of the Ministry of Fisheries, the unused portion of the sea surface area shall be reclaimed.

Article 13. Extension of the duration of granting and leasing sea surface for aquaculture upon expiration of the usage period

1. Six (6) months before the expiration of the sea surface usage period, organizations and individuals wishing to continue using the sea surface for aquaculture must prepare the dossier as prescribed in Clauses 3 and 4 of Article 10 of this Decree and submit it to the competent state authority to request extension of granting or leasing of sea surface.

2. For foreign organizations and individuals, they must also provide a certified true copy of the extended Investment License (if applicable).

3. The duration of extension of granting or leasing sea surface for aquaculture shall not exceed the previous granting or leasing period.

4. Within thirty (30) working days from the date of receipt of complete and valid application dossier, the competent authority shall examine and decide on the extension of the granting or leasing period and reissue the Certificate of Sea Surface Usage Rights for Aquaculture. In case of non-extension of the granting or leasing period, a written response with detailed reasons must be provided.

Article 14. Handling assets invested on sea surface and lease payments for aquaculture when the granted or leased sea surface is reclaimed or voluntarily returned.

1. Organizations and individuals whose sea surface for aquaculture specified at points a, b, c, and d of Clause 1 of Article 29 of the Fisheries Law are reclaimed or voluntarily returned must bear responsibility for dismantling and relocating assets invested on that sea surface themselves. If the lease term has not expired, they will be refunded the remaining lease payments (if paid in advance).

2. For the case of reclaiming sea surface area specified at point d of Clause 1 of Article 29 of the Fisheries Law, the following applies:

a) Refund of remaining lease payments (if paid in advance);

b) State support for relocation costs of assets invested on the sea surface and farmed aquatic products (if any);

c) Compensation for losses of aquatic products (if any);

d) Priority in granting or leasing other sea surfaces for aquaculture if there is a need and the locality still has a fund of sea surface for aquaculture.

Article 15. Central Fisheries Market

1. The State supports the investment in infrastructure construction including trading floor, road system, electricity, water supply, drainage within the central fisheries market.

2. The State encourages and creates conditions for all economic sectors, organizations, and individuals to participate in the construction, operation, and management of central fisheries markets.

Article 16. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 17. Responsibility for Implementation

The Minister of Fisheries, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial People's Committees under the Central Government are responsible for implementing this Decree./.