Decree No. 33/2010/ND-CP On management of fishing activities of organizations and individuals of Vietnam in various sea areas 33/2010/NĐ-CP

✦ Tóm lược thông minh

Decree No. 33/2010/ND-CP stipulates the management of fishing activities of organizations and individuals of Vietnam in various sea areas, including zoning for fishing, conditions and procedures for fishing in sea areas outside the territorial waters of Vietnam, and responsibilities of state management agencies. This Decree takes effect from June 15, 2010.

Đối tượng áp dụng

Organizations and individuals of Vietnam conducting fishing activities

Các điểm cốt lõi

Organizations and individuals of Vietnam must comply with regulations on zoning for fishing within and outside the territorial waters of Vietnam.
Fishing vessels operating in different fishing zones have varying requirements for main engine power.
To fish in sea areas outside the territorial waters of Vietnam, organizations and individuals must meet specific conditions and complete licensing procedures.
The Fisheries General Department under the Ministry of Agriculture and Rural Development is responsible for issuing permits for fishing vessels to operate in sea areas outside the territorial waters of Vietnam.
The Ministry of Agriculture and Rural Development, relevant ministries and sectors, and People's Committees of coastal provinces are responsible for managing, inspecting, and handling violations of laws related to fishing activities.

🌐 Tác động xã hội từ văn bản này

Positive impact: Creating a legal basis for effectively managing fishing activities and protecting marine resources.
Negative impact: It may cause difficulties in registration and issuance of documents for fishing vessels operating in sea areas outside the territorial waters of Vietnam.

❓ Câu hỏi thường gặp

Are there requirements for the main engine power of fishing vessels operating in different fishing zones?

Yes, fishing vessels with a total main engine power of 90 HP or more can only fish in the high seas and exclusive economic zone; vessels with a main engine power of 20 HP to less than 90 HP can only fish in the nearshore and high seas; vessels with a main engine power of less than 20 HP or without engines can only fish in the coastal waters.

What conditions must organizations and individuals meet to fish in sea areas outside the territorial waters of Vietnam?

Organizations and individuals must have fishing vessels that meet standards, registered and inspected; equipped with full safety and communication devices; crewed according to regulations. Additionally, they need documents such as cooperative fishing contracts, fishing licenses for sea areas outside the territorial waters of Vietnam.

What is the validity period of the Certificate of Technical Safety for fishing vessels?

The Certificate of Technical Safety for fishing vessels must remain valid for at least three months.

What documents are required when fishing vessels return from sea areas outside the territorial waters of Vietnam?

Upon returning, fishing vessels must submit an application for resuming fishing activities in the territorial waters of Vietnam and the documents issued by the Fisheries General Department for fishing operations in sea areas outside the territorial waters of Vietnam.

What responsibilities does the Ministry of Agriculture and Rural Development have?

The Ministry of Agriculture and Rural Development leads and coordinates with relevant ministries and sectors to manage fishing vessels operating in various sea areas; develop plans for the development of fishing vessels; issue permits for fishing vessels operating in various sea areas within its authority.

Toàn văn

DECREE

On managing the fishing activities of organizations and individuals of Vietnam in various sea areas

THE GOVERNMENT

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

Based on the Fisheries Law dated November 26, 2003;

Considering the proposal of the Minister of Agriculture and Rural Development (memorandum No. 4382/TTr-BNN-KTBVNLTS dated December 31, 2009 and letter No. 716/BC-BNN-TCTS dated March 16, 2010)),

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Decree stipulates the management of fishing activities within and outside the territorial waters of Vietnam.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Organizations and individuals of Vietnam conducting fishing activities are the subjects to which this Decree applies.

Article 2. Interpretation of Terms

1. Coastal line consists of zigzag straight lines connecting points from point 01 to point 18. The coordinates of points from point 01 to point 18 are determined by longitude and latitude specified in detail in the Appendix.

2. Inshore line consists of zigzag straight lines connecting points from point 01' to point 18'. The coordinates of points from point 01' to point 18' are determined by longitude and latitude specified in detail in the Appendix.

3. Vietnam's Sea Areas refers to the sea areas under the sovereignty, sovereign rights, and jurisdiction of the Socialist Republic of Vietnam as prescribed in the Law on National Borders dated June 17, 2003;

4. Sea areas outside the territorial waters of Vietnam refer to the sea areas of other countries and territories.

5. High seas refer to the sea areas beyond the exclusive economic zone of Vietnam and those of other countries or territories.

Article 3. General Principles

1. The Ministry of Agriculture and Rural Development assists the Government in uniformly managing the fishing activities of organizations and individuals of Vietnam within and outside the territorial waters of Vietnam.

2. Management of fishing activities aims at organizing effective fishing and concurrently protecting and developing fishery resources; ensuring safety for people and fishing vessels operating in various sea areas; ensuring that Vietnamese fishing vessels fish legally within and outside the territorial waters of Vietnam.

3. Delimitation of sea areas to divide the territorial waters of Vietnam into fishing zones with the aim of reasonably distributing fishing capacity across various sea areas, contributing to enhancing the effectiveness of fishing activity management.

Chapter II

MANAGEMENT OF FISHING ACTIVITIES IN THE TERRITORIAL WATERS OF VIETNAM

Article 4. Division of fishing zones

1. The territorial waters of Vietnam are divided into three fishing zones in sequence:

a) Coastal zone limited by the shoreline and the coastal line;

b) Inshore zone: the sea area limited by the coastal line and the inshore line;

c) Offshore zone: the sea area limited by the inshore line and the outer boundary of the exclusive economic zone of the territorial waters of Vietnam.

2. People's Committees of two coastal provinces or centrally governed cities adjacent to each other shall, based on specific geographical features of the coastal zone, negotiate and announce the boundaries of the coastal fishing zones between the two provinces.

Article 5. Management of fishing activities in the territorial waters of Vietnam

Organizations and individuals conducting fishing activities in the territorial waters of Vietnam must comply with relevant laws and the following provisions:

1. Provisions of the Ministry of Agriculture and Rural Development or the provincial People's Committee regarding the list of prohibited fish species; prohibited fishing methods, types of fishing operations, and fishing gear restricted or prohibited in certain sea areas or fishing routes; prohibited fishing areas and temporary prohibited fishing areas; minimum size and species of fish allowed to be caught.

2. Provisions for fishing vessels operating in fishing zones:

a) Motorized vessels with main engine power of 90 HP or more may only fish in the offshore and pelagic zones, not in the coastal and inshore zones;

b) Motorized vessels with main engine power from 20 HP to less than 90 HP may fish in the inshore and offshore zones, not in the coastal zone and high seas;

c) Motorized vessels with main engine power below 20 HP or non-motorized vessels may only fish in the coastal zone, not in the inshore, offshore, and high seas zones;

d) Small purse seine and mollusk fishing vessels are not restricted by engine power when operating in the coastal and inshore zones. The provincial People's Committee will specify the fishing operations and grounds for these vessels;

đ) In addition to the main engine power requirements for fishing vessels, they must also meet all safety regulations when operating in different sea areas.

4. Fishing vessels with main engine power below 20 HP or non-motorized vessels registered in a province may only fish in the coastal zone of that province. Except where the People's Committees of two adjacent provinces have agreed separately to allow fishing vessels from the neighboring province to fish in their coastal zone.

5. Fishing vessels operating in the inshore and offshore zones must be marked for identification. The Ministry of Agriculture and Rural Development will specify the identification marks for fishing vessels operating in the inshore and offshore zones.

Chapter III

MANAGEMENT OF FISHING ACTIVITIES IN SEA AREAS OUTSIDE THE TERRITORIAL WATERS OF VIETNAM

Article 6. Conditions for Exploiting Fisheries in Foreign Marine Zones Outside Vietnam's Exclusive Economic Zone

Organizations and individuals exploiting fisheries in foreign marine zones or those of other countries must meet the following conditions:

1. For fishing vessels:

a) Fishing vessels must have the necessary standards for limited operation zone Class I or unlimited operation zone. In cases where operations take place in the marine zones of Southeast Asian countries, fishing vessels must have the necessary standards for limited operation zone Class II or higher;

b) They must be registered and inspected. The certificate of technical safety for fishing vessels must still be valid for at least three months;

c) They must be equipped with full safety devices for crew members and fishing vessels, and communication equipment corresponding to the marine zones they operate according to the law;

d) They must have sufficient crew members as stipulated by the law.

2. For crew members and workers on fishing vessels:

a) The captain and chief engineer must hold a certificate issued by the competent authority;

b) They must have crew insurance;

c) They must have a Fishing Vessel Crew Logbook.

3. In addition to the provisions in Clause 1 and Clause 2 of this Article, fishing vessels or groups of fishing vessels operating in the marine zones of other countries must also have:

a) A cooperation agreement for fisheries exploitation between the Socialist Republic of Vietnam and the coastal country or region, or a cooperation contract for fisheries exploitation between Vietnamese organizations or individuals and those of the coastal country or region, approved by the competent authority of the coastal country or region;

b) At least one person on board or in the group of vessels who can fluently speak English or the common language of the country or region where the fishing vessel will operate;

c) Crew members on board must have a general passport.

Article 7. Procedures and Sequence for Issuing Relevant Documents for Fishing Vessels Exploiting Fisheries in Foreign Marine Zones Outside Vietnam's Exclusive Economic Zone and Reissuing Documents After Exploitation

1. To exploit fisheries in foreign marine zones or those of other countries, organizations and individuals must submit an application to the General Department of Fisheries under the Ministry of Agriculture and Rural Development. The application includes:

a) A request for issuance of relevant documents for fishing vessels operating in foreign marine zones or those of other countries, confirmed by the provincial management agency regarding fisheries where the fishing vessel is registered;

b) A cooperation contract for fisheries exploitation (for fishing vessels operating in countries and regions without a cooperation agreement with Vietnam, certified copy);

c) Certificate of registration for fishing vessels (certified copy);

d) Certificate of technical safety for fishing vessels (certified copy);

đ) Crew list;

e) Captain’s and chief engineer’s certificates (certified copy).

2. Within seven working days from the date of receipt of complete and valid applications, the General Department of Fisheries shall examine the applications and issue relevant documents for fishing vessels operating outside Vietnam's exclusive economic zone (in both Vietnamese and English), including:

a) Permit for fishing vessels to exploit fisheries in foreign marine zones outside Vietnam's exclusive economic zone;

b) Certificate of registration for fishing vessels;

c) Certificate of technical safety for fishing vessels;

d) List of crew members.

If the documents specified in Clause 2 of this Article are not issued, the General Department of Fisheries must provide a written response to the owner of the fishing vessel and clearly state the reasons.

3. After issuing relevant documents for fishing vessels operating in foreign marine zones outside Vietnam's exclusive economic zone, the General Department of Fisheries has the responsibility to notify the local authorities where the fishing vessels operate and the Ministries of National Defense, Public Security, and Foreign Affairs to coordinate monitoring and management.

4. After fishing vessels return from exploiting fisheries in foreign marine zones outside Vietnam's exclusive economic zone, if they wish to resume activities in Vietnam's exclusive economic zone, they must submit an application to the provincial management agency regarding fisheries. The application includes:

a) A request for permission for the fishing vessel to return and reissue relevant documents so that it can resume activities in Vietnam's exclusive economic zone;

b) Relevant documents issued by the General Department of Fisheries for the fishing vessel operating in foreign marine zones outside Vietnam's exclusive economic zone;

c) Within five working days from the date of receipt of a complete and valid application, the General Department of Fisheries or the provincial management agency regarding fisheries shall conduct technical safety inspections for fishing vessels and issue relevant documents within their authority to resume activities for the fishing vessel as prescribed.

d) After issuing documents to resume activities for the fishing vessel, the provincial management agency regarding fisheries must inform the General Department of Fisheries to monitor and manage.

5. The forms of the documents specified in point a of Clause 1, point a of Clause 2, and point a of Clause 4 of this Article are regulated by the Ministry of Agriculture and Rural Development.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN FISHERIES EXPLOITATION

Article 8. Responsibilities of organizations and individuals engaged in fishing activities in Vietnam's territorial waters

1. Fulfill all obligations prescribed in Article 21 of the Fisheries Law.

2. Fully comply with the provisions of Decree No. 66/2005/NĐ-CP dated May 19, 2005 of the Government on ensuring safety for persons and fishing vessels engaged in fishing activities and related laws.

3. During operations at sea, fishing vessels must have the following documents (originals):

a) Fishing permit, except for fishing with fishing vessels under 0.5 tons in gross tonnage;

b) Safety technical certificate for fishing vessels as required by law;

c) Fishing vessel registration certificate as prescribed by law. In cases where fishing vessels are mortgaged to banks, a copy of the fishing vessel registration certificate confirmed by that bank must be provided;

d) Crew logbook and fishing vessel crew logbook as prescribed by law.

For crew members and workers on fishing vessels who are not required to have a fishing vessel crew logbook by law, identity documents must be provided.

4. Record fishing logs and submit fishing reports as prescribed by the Ministry of Agriculture and Rural Development.

Article 9. Responsibilities of organizations and individuals engaged in fishing activities in foreign territorial waters outside Vietnam's territorial waters

1. Fully comply with exit and entry procedures as prescribed by Vietnamese law and the laws of the state or territory whose waters the fishing vessel will enter to fish.

2. Adhere to Vietnamese law, relevant international treaties to which the Socialist Republic of Vietnam is a member, and the laws of the state or territory whose waters the fishing vessel will enter to fish.

3. The owner of the fishing vessel must purchase insurance for crew members and workers on the fishing vessel.

4. During fishing operations at sea, the captain of the fishing vessel must carry the following documents (originals):

a) Documents specified in Clause 2 of Article 7 of this Decree;

b) Relevant documents issued by the state or territory whose waters the fishing vessel will enter to fish.

5. In case of accidents or dangerous situations requiring assistance, the captain must send out distress signals and promptly contact the authorities of the nearest coastal state, notify the diplomatic and consular agencies of Vietnam for assistance; report to the competent management agency of the province or the Ministry of Agriculture and Rural Development.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS

Article 10. Responsibilities of the Ministry of Agriculture and Rural Development

1. Take the lead and coordinate with relevant ministries, sectors, and provincial people's committees to organize surveys, investigations, and assessments of fishery resources, and build fishery field forecast maps for each sea area; develop plans and programs for the development of fishing vessels and rational occupational structures to protect and develop fishery resources sustainably.

2. Take the lead and coordinate with relevant ministries, sectors, and provincial people's committees in managing fishing vessels operating in various sea areas; conduct inspections, handle violations of the law; cooperate with functional forces in search and rescue operations for persons and fishing vessels engaged in fishing activities in Vietnam's territorial waters and beyond.

3. Establish a system for managing fishing vessel information; issue permits for fishing vessels operating in various sea areas within its authority.

4. Organize training and capacity building for fishing vessel captains, engineers, crew members, and other workers regarding their professions, specialties, and skills.

5. Guide provincial people's committees in formulating mechanisms and policies to support fishermen transitioning from nearshore fishing occupations; develop recreational fishing; implement community-based management in nearshore areas; content for disseminating and popularizing laws related to fishing activities to serve local legal education and publicity work.

Article 11. Responsibilities of Relevant Ministries and Agencies

Within their scope of responsibility and authority, relevant ministries and agencies shall coordinate with the Ministry of Agriculture and Rural Development to carry out inspections, supervision, violation handling, ensuring public order and safety for fishermen engaged in marine fisheries; prevent illegal acts concerning fisheries; cooperate with other sectors and levels in search and rescue operations for people and fishing vessels at sea, creating favorable conditions for fishermen to conduct fishing activities in various maritime zones; coordinate with coastal local authorities to monitor and manage fishing vessels operating in waters beyond Vietnam's territorial seas.

Article 12. Responsibilities of People's Committees of Coastal Provinces

1. Based on the development plan of the fisheries sector, develop planning and plans for the development of fishing equipment, occupational structure, and protection of fishery resources within the province's jurisdiction; coordinate with the Ministry of Agriculture and Rural Development in conducting surveys, explorations, and assessments of fishery resources.

2. Manage fishing activities in nearshore and estuarine waters. Delegate and guide the management of nearshore areas to the People's Committees of districts and communes; promote community-based models for managing fishery resources in nearshore areas.

3. Propagate and educate the public about fisheries laws.

4. Guide and disseminate models of organized fishing activities in groups, teams, production clusters linked with post-harvest services, ensuring safety at sea; guide and facilitate fishermen to transition from nearshore fishing and destructive fishing practices to distant-water fishing or aquaculture and other services.

5. Organize inspection and supervision of fishing activities within the assigned management scope, implement measures to protect and develop fishery resources in nearshore and estuarine areas; coordinate with the Ministry of Agriculture and Rural Development and related agencies in supervising fishing activities in offshore and beyond Vietnam's territorial waters.

6. Regularly report monthly to the Ministry of Agriculture and Rural Development on the registration status of fishing vessels, vessel inspections, and issuance of fishing permits according to the regulations of the Ministry of Agriculture and Rural Development.

Chapter VI

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Decree takes effect from June 15, 2010, and replaces Decree No. 123/2006/NĐ-CP dated October 27, 2006, of the Government on the management of fishing activities by organizations and individuals in Vietnam's maritime zones.

Article 14. Guidance and Implementation of the Decree

1. The Minister of Agriculture and Rural Development is responsible for guiding and inspecting the implementation of this Decree.

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

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