Decree No. 32/2010/ND-CP On Managing Foreign Fishing Vessels' Activities in Vietnam's Exclusive Economic Zone and Contiguous Zone 32/2010/NĐ-CP

✦ Tóm lược thông minh

Decree No. 32/2010/ND-CP stipulates the management of foreign fishing vessels' activities in Vietnam's exclusive economic zone and contiguous zone, including conditions for issuing permits, responsibilities of vessel owners and state management agencies, inspection, and administrative violation handling. This decree applies to foreign fishing vessel owners and related agencies.

Đối tượng áp dụng

Foreign fishing vessel owners conducting fishing activities in Vietnam's exclusive economic zone and contiguous zone and related agencies, organizations, and individuals.

Các điểm cốt lõi

Foreign fishing vessel owners must meet conditions such as having legal documents, registering the vessel, obtaining technical safety certification, insurance, and proficiency in Vietnamese or English to be granted a permit for fishing activities.
The fishing activity permit has a maximum duration of 24 months, extendable up to three times with each extension not exceeding 12 months.
Foreign fishing vessel owners must comply with regulations on reporting, logbook recording, and adherence to Vietnamese laws.
The competent state management agency shall issue, reissue, and extend permits within ten working days for new issuance, seven working days for reissuance, and three working days for extension.
Administrative violations will be penalized according to the Decree on Handling Administrative Violations in the Fisheries Sector and other relevant Vietnamese laws.

🌐 Tác động xã hội từ văn bản này

Positive impact: Strengthening international cooperation, protecting legitimate rights for foreign fishing vessel owners operating in Vietnam.
Negative impact: Costs and administrative procedures may impose burdens on foreign fishing vessel owners.

❓ Câu hỏi thường gặp

What conditions must foreign fishing vessel owners meet to obtain a permit?

Legal documents, vessel registration, technical safety certification, insurance, and proficiency in Vietnamese or English are required.

What is the duration of the Fishing Activity Permit?

Not exceeding 24 months for other fishing activities, and not exceeding 12 months for fishing operations.

What reports must foreign fishing vessel owners submit when operating in Vietnam's waters?

Reports per voyage regarding survey, exploration, fishing, technical training, technology transfer, business, purchase, and transportation of fishery products.

What is the procedure for reissuing a permit?

Submit an application for reissuance, the original permit (if available), and a report on changes to the fishing vessel or fishing activity.

How will administrative violations be penalized?

According to the Decree on Handling Administrative Violations in the Fisheries Sector and other relevant Vietnamese laws.

Toàn văn

DECREE

On the management of fishing activities of foreign fishing vessels in Vietnam's maritime zones

_____________________

THE GOVERNMENT

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

Pursuant to the Fisheries Law dated November 26, 2003;

Pursuant to the Administrative Violation Handling Decree dated July 2, 2002 and Ordinance No. 04/2008/UBTVQH12 dated April 2, 2008 amending and supplementing certain articles of the Administrative Violation Handling Decree of the Standing Committee of the National Assembly;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

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

Article 2. Scope of Application

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

Article 3.Definitions

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

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

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

3. Foreign fishing vessels are fishing vessels with foreign nationality operating in the fisheries sector.

Article 4. Principles of Fishing Activities of Foreign Fishing Vessels in Vietnam’s Maritime Zones

1. Fishing activities of foreign fishing vessels in Vietnam’s maritime zones shall be based on international cooperation, ensuring equality, mutual benefit, respect for independence, sovereignty, and laws of each party, and international law.

2. Fishing activities of foreign fishing vessels in Vietnam’s maritime zones must comply with planning and development plans for the fisheries industry; ensuring safety for fishing vessels and persons working on them.

3. Foreign fishing vessels may only conduct fishing activities in Vietnam’s maritime zones when they have a fishing activity permit issued by a competent authority of Vietnam.

4. Foreign fishing vessels conducting fishing activities in Vietnam’s maritime zones must comply with the provisions of this Decree and other relevant regulations of Vietnam.

Chapter II

CONDITIONS, PROCEDURES, AUTHORITY FOR ISSUING, RENEWING, EXTENDING AND REVOKING FISHING ACTIVITY PERMITS FOR FOREIGN FISHING VESSELS Fishing activity permit for foreign fishing vessels

Article 5. 1. The fishing activity permit (hereinafter referred to as the Permit) is issued for each individual fishing vessel. A vessel owner may apply for a Permit for multiple fishing vessels.

Content of the Permit (according to the model attached to this Decree - Appendix I).

2. The validity period of the Permit shall not exceed twelve months for fishing operations and twenty-four months for other fishing activities.

3. The Permit may be renewed up to three times, with each renewal period not exceeding twelve months..

Issuing the First Permit

Article 6. A foreign fishing vessel will be considered for issuance of a fishing activity permit if the vessel owner meets the following conditions:

1. Possession of one of the following documents:

a) Investment license issued by a competent state management agency;

b) Joint venture project for marine resource investigation, exploration, and fishing approved by the Prime Minister;

c) Joint venture project for technical training and technology transfer in fisheries approved by the Minister of Agriculture and Rural Development;

d) Joint venture project for business, purchase, and transportation of fishery products approved by the Minister of Agriculture and Rural Development or the Chairman of the People's Committee of provinces and centrally-administered cities.

2. Certificate of registration of the fishing vessel issued by a competent authority of the country where the fishing vessel is registered.

3. Technical safety certificate of the fishing vessel issued by a competent authority of the country where the fishing vessel is registered or by the Department of Agriculture and Rural Development of Vietnam.

4. Radio frequency usage and radio equipment transmission/reception permit issued by a competent authority of Vietnam.

5. Credentials and certificates of the captain and chief engineer recognized by a competent authority of Vietnam.

6. List of crew members and personnel working on the fishing vessel.

7. At least one person on board the fishing vessel must be proficient in Vietnamese or English.

Reissuing and Renewing the Permit.

, Clause 1, Clause 2 Article 7a of this Regulation.. 1. A foreign fishing vessel will be considered for reissuing a Permit if it meets one of the following conditions:.

a) The Permit is damaged during use;

b) The Permit is lost;

c) When changing fishing vessels.

2. A foreign fishing vessel will be considered for renewing the Permit if it meets the following conditions:

a) No violation of Vietnamese laws;:

b) The investment license remains valid or the joint venture project in the fisheries sector remains valid.

Content of Permit Renewal (according to the model attached to this Decree - Appendix II).

Procedures and Formalities for Issuing, Reissuing, and Renewing the Permit

Article 8. 1. Documents for applying for the first Permit include:

a) Application for a Permit for a fishing vessel (according to the model prescribed in this Decree - Appendix III);

b) Documents and papers specified in Clauses 1, 2, 3, 4, and 5 of Article 6 of this Decree (certified copies);

c) List (with full name, permanent address, and position) and photographs of each crew member and personnel working on the fishing vessel.

2. Documents for applying for a reissued Permit include:

a) Application for a reissued Permit (according to the model prescribed in this Decree - Appendix IV);

b) Previously issued Permit (for cases where the Permit is damaged);

c) Certificate of loss of Permit (stating the reason for loss) issued by the local authority where the loss occurred (for cases where the Permit is lost);

d) Report on changes in fishing vessels or changes in the type of fishing activity (if applicable).

3. Documents for applying for Permit renewal include:

a) Application for Permit renewal (according to the model prescribed in this Decree - Appendix V);

b) Previously issued Permit (copy);

c) Certified copy of the technical safety certificate of the fishing vessel;

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

e) Logbook of fishing activities (for vessels holding a Permit for fishing activities).;

4. Organizations and individuals applying for new issuance, reissuance, or renewal of the Permit submit their applications at the agency specified in Article 11 of this Decree.

Cases Where the Permit Becomes Ineffective

Article 9. Cases where the License becomes ineffective

1. Fishing vessels terminate their contracts for operations in Vietnam's maritime zones before the term specified in the Permit.

2. Investment permits or cooperation contracts are suspended or revoked.

3. Fishing vessels have their permits revoked.

4. Permits expire.

5. Fishing vessels are destroyed, sunk, or missing.

Article 10. Cases for Revoking the Permit

1. The Permit is altered, defaced, or tampered with.

2. The Permit is used with a fishing vessel other than that specified in the Permit.

3. Fishing vessels use prohibited methods to fish or operate contrary to the contents recorded in the Permit.

4. Fishing vessels and persons on board violate Vietnamese laws and international organizations' regulations to which Vietnam is a party.

Article 11. Authority to Issue, Reissue, Extend, and Revoke Permits

1. The Ministry of Agriculture and Rural Development is the authority responsible for issuing, reissuing, extending, and revoking Permits for foreign fishing vessels operating in Vietnam’s maritime zones.

2. Procedures for issuing new, reissuing, and extending permits are as follows:

a) In cases of new issuance, within no more than ten working days from the date of receiving complete valid applications;

b) In cases of reissuance, within no more than seven working days from the date of receiving complete valid applications;

c) In cases of extension, within no more than three working days from the date of receiving complete valid applications.

Chapter III

RIGHTS AND RESPONSIBILITIES OF FOREIGN FISHING VESSEL OWNERS

Article 12. Rights of foreign fishing vessel owners

1. To conduct fishing activities in Vietnam’s maritime zones according to the contents recorded in the Permit.

2. To be promptly informed by Vietnamese state specialized agencies about weather conditions and provided with relevant information related to fishing activities and guidance on Vietnamese laws when requested.

3. To be protected by the Vietnamese State in safeguarding their legitimate rights and interests during fishing activities in Vietnam.

4. To enjoy other rights as stipulated by Vietnamese laws.

Article 13.Responsibilities of foreign fishing vessel owners.

1. Must pay all fees and purchase insurance for the supervisor as prescribed.

2. At least seven days prior to bringing the fishing vessel into Vietnam, must notify in writing (by fax, email, or direct delivery or postal service) the Fisheries General Department under the Ministry of Agriculture and Rural Development of Vietnam. Upon arrival in Vietnam, they must comply with entry procedures as required.

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

a) Fishing operation permit;

b) Registration certificate for fishing vessels;

c) Technical safety certificate for fishing vessels;

d) Frequency usage permit and radio communication equipment;

đ) Crew logbook and passports of crew members and personnel working on the fishing vessel.

4. Record fishing logs and report fishing vessel activities as follows::

a) For fishing vessels engaged in surveying and exploring marine resources, reports must be made per voyage;

b) For fishing vessels engaged in fishing activities, they must record fishing logs (in accordance with the model prescribed in this Decree - Appendix VI) and report per voyage;

c) For fishing vessels engaged in technical training and technology transfer, reports must be made per voyage;

d) For fishing vessels engaged in business, purchasing, and transporting seafood, reports must be made per voyage.

Reports and fishing logs must be submitted in Vietnamese or English by the captain to the Ministry of Agriculture and Rural Development (Fisheries General Department) within three days after the vessel docks at a Vietnamese port.

5. Fully comply with all relevant Vietnamese laws and international treaties to which Vietnam is a signatory or member.

6. Receive and return supervisors

a) Receive and return supervisors at the agreed locations and approved by the Ministry of Agriculture and Rural Development (Fisheries General Department);

b) Ensure working and living conditions for Vietnamese supervisors according to officer standards on fishing vessels; comply with the requirements of supervisors as stipulated in Article 17 of this Decree.

7. Be subject to inspection and control by Vietnamese maritime enforcement forces as stipulated in Clause 1 of Article 22 of this Decree.

8. When encountering accidents, emergencies, or dangers requiring assistance, the owner of the foreign fishing vessel must issue distress signals as prescribed and immediately inform the nearest Vietnamese competent authority, while also notifying the Ministry of Agriculture and Rural Development (Fisheries General Department) and local border guards when the vessel docks at Vietnamese ports.

9. Foreign fishing vessels may only sell their products in Vietnam (except in cases where there is an export contract recorded in the approved cooperative project).

Article 14. Responsibilities of foreign fishing vessel owners when the vessel concludes its operations

1. When foreign fishing vessels conclude their operations and leave Vietnam's maritime zones, the vessel owners must fulfill all obligations according to the issued investment permits, approved projects, signed contracts (unless otherwise agreed in the contract), and other relevant Vietnamese laws.

2. If foreign fishing vessels cease operations while the Permit remains valid, the vessel owners must notify the issuing authority in writing at least seven working days in advance.

Chapter IV

FISHERY SUPERVISORS

Article 15. Fishery Supervisors

1. Carry out supervision of foreign fishing vessels in the following areas:

a) Fishing activities;

b) Surveying and exploring marine resources;

c) Technical training and technology transfer in fisheries.

In cases where personnel from the Marine Fisheries Research Institute under the Ministry of Agriculture and Rural Development work on foreign fishing vessels pursuant to approved projects or contracts, the appointment of fishery supervisors will not be carried out.

2. Fishery supervisors must meet the following conditions:

a) They are civil servants appointed by state management agencies;

b) They have experience and a thorough understanding of general fisheries laws and the specific areas they supervise;

c) They are physically fit and capable of working at sea;

d) They are fluent in English or the native language of the foreign vessel.

3. Authority to appoint supervisors

The Ministry of Agriculture and Rural Development (Fisheries General Department) decides to appoint one to two supervisors to work on foreign fishing vessels in accordance with the provisions of this Article.

Article 16. Responsibilities of supervisors

1. Monitor activities and compliance with Vietnamese law of foreign individuals and fishing vessels engaged in fisheries within Vietnam's maritime zones.

2. Report fully and promptly to the Ministry of Agriculture and Rural Development (General Fisheries Department) and relevant authorities about information related to the activities of foreign fishing vessels as assigned.

Article 17. Powers of the monitor

1. Has the right to request officers, crew members, and workers on board to strictly comply with Vietnamese law and regulations stipulated in the Permit.

2. Has the right to require the captain to bring the vessel to the nearest port or anchorage when discovering serious violations of Vietnamese law by foreign individuals and fishing vessels.

3. Is entitled to inspect and supervise all activities on board, including fish-finding equipment and communication devices.

4. Is authorized to use communication devices of foreign fishing vessels for work purposes when necessary.

Article 18. Rights of the Monitor

1. The owner of the foreign fishing vessel shall purchase full insurance for the monitor during the monitoring period on board the foreign fishing vessel.

2. The owner of the foreign fishing vessel shall ensure working and living conditions for the monitor on board the foreign fishing vessel according to the standards for officers on fishing vessels.

3. Shall be entitled to salary, travel expenses, sea allowance, and other benefits (if any) as prescribed by law.

4. Shall be entitled to additional allowances and remuneration from cooperative partners if stipulated in agreements, projects, or cooperation contracts.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

Article 19. Responsibilities of the Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development assists the Government in uniformly managing the fishing activities of foreign fishing vessels nationwide:

1. Manage the fishing activities of foreign fishing vessels within Vietnam's maritime zones in accordance with this Decree and relevant Vietnamese laws.

2. Notify relevant issues and send copies of newly issued, reissued, or extended Permits for foreign fishing vessels to the Ministry of National Defense (Border Guard Command, Coast Guard Bureau), Ministry of Public Security (General Security Department), Ministry of Transport (Maritime Administration), Ministry of Finance, Ministry of Natural Resources and Environment, and People's Committees of provinces and centrally-administered cities for coordinated management of foreign fishing vessels.

3. Conduct inspections, checks, handle complaints and accusations, and enforce legal violations within their authority and as prescribed by law.

Article 20. Responsibilities of Ministries and Sectors

1. The Ministry of Planning and Investment shall cooperate with the Ministry of Agriculture and Rural Development and provincial People's Committees in reviewing applications for investment permits for projects involving the introduction of foreign fishing vessels into fishing activities within Vietnam's maritime zones.

2. The Ministries of National Defense, Public Security, Transport, Natural Resources and Environment, Finance, and other ministries and sectors shall, within their functions, duties, and powers, be responsible for:

a) Cooperating with the Ministry of Agriculture and Rural Development to implement state management over the fishing activities of foreign fishing vessels within Vietnam's maritime zones;

b) Conducting inspections, checks, handling complaints and accusations, and enforcing legal violations within their authority and as prescribed by law.

Article 21. Responsibilities of Provincial People's Committees

1. Cooperate with the Ministry of Planning and Investment and the Ministry of Agriculture and Rural Development in reviewing applications for investment permits for projects involving the introduction of foreign fishing vessels into activities within Vietnam's maritime zones.

2. Approve policies for cooperative projects with foreign countries regarding purchasing and transporting seafood based on compatibility with the industry's development plans and local planning.

3. Conduct inspections, checks, handle complaints and accusations, and enforce legal violations within their authority and as prescribed by law.

Chapter VI

INSPECTION, CONTROL, ADMINISTRATIVE VIOLATION HANDLING, COMPLAINTS, AND REPORTS

Article 22. Inspection and control of foreign fishing vessels' fishing activities within Vietnam's maritime zones

1. Inspection and control forces for foreign fishing vessels' fishing activities within Vietnam's maritime zones include: specialized fisheries inspectors, Coast Guard, Border Guard, Waterway Traffic Police, Customs, and other authorized forces.

These inspection and control forces shall conduct inspections and controls over the fishing activities of foreign fishing vessels within Vietnam's maritime zones concerning areas under their management as prescribed by Vietnamese law; impose administrative penalties according to their authority as stipulated in the Administrative Violation Handling Ordinance; and have the responsibility to coordinate with related forces in performing their tasks.

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

Vessels and boats performing inspection and control duties at sea must fly the Vietnamese National Flag, professional flags, and signs as prescribed by law.

Article 23. Handling of administrative violations by foreign fishing vessels

Foreign fishing vessel owners holding a Permit who engage in fishing activities within Vietnam's maritime zones and violate Vietnamese law shall be subject to penalties as prescribed by the Government's Decree on Administrative Violation Handling in the Fisheries Sector and other relevant Vietnamese laws.

Upon discovering any violation as stipulated in Article 10 of this Decree, the authority handling administrative violations must immediately seize the Permit, vessel, and report promptly to the Ministry of Agriculture and Rural Development (General Fisheries Department) for a decision to revoke it.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". Procedures for handling administrative violations and enforcement of penalty decisions, application of measures to prevent administrative violations

1. Procedures for handling administrative violations shall be carried out in accordance with the Administrative Violation Handling Ordinance and related regulatory legal documents..

2. Application of measures to prevent administrative violations and ensuring the handling of administrative violations and management of foreigners who violate the law shall be implemented in accordance with the Administrative Violation Handling Ordinance and the Government's Decree on Administrative Violation Handling in the Fisheries Sector.

3. In cases where foreign fishing vessels are temporarily detained for administrative violation handling:

a) The forces temporarily detaining or taking over for investigation within 24 hours from the time of arrest must immediately report to the Ministry of Foreign Affairs (Consular Department), the Ministry of Public Security (Security General Department), and the Ministry of Agriculture and Rural Development (Fisheries General Department) to coordinate handling, and propose recommendations for expulsion penalties for foreign violators if necessary;

b) The fishing vessel owner shall bear all costs related to the preservation of the fishing vessel, food and lodging expenses, repatriation costs, and other expenses for violators during the period they are detained or managed in Vietnam.

Article 25. Handling administrative violations by authorized administrative violation handlers

The handling of administrative violations by authorized administrative violation handlers concerning the provisions of this Decree shall be carried out in accordance with the Administrative Violations Handling Ordinance 2002 and the Circular guiding detailed implementation of this Ordinance.

Article 26. Complaints and reports

1. Individuals have the right to file complaints and reports regarding violations of the provisions of this Decree and in accordance with the laws on complaints and reports.

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

Chapter VII

IMPLEMENTATION PROVISIONS

Article 27. Effectiveness

This Decree takes effect from June 1, 2010, and replaces Government Decree No. 191/2004/NĐ-CP dated November 18, 2004, on managing the activities of foreign fishing vessels in Vietnam's territorial waters.

Article 28. Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of People's Committees of coastal provinces and centrally governed cities are responsible for implementing this Decree./.

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