Decree No. 37/2024/ND-CP amends and supplements some articles of Decree No. 26/2019/ND-CP dated March 8, 2019, of the Government detailing certain provisions and measures for implementing the Fisheries Law.

 

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE GOVERNMENTAL DECREE NO. 26/2019/NĐ-CP OF MARCH 8, 2019 ON DETAILING CERTAIN PROVISIONS AND MEASURES FOR IMPLEMENTATION OF THE LAW ON AQUATIC RESOURCES

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Fisheries Law dated November 21, 2017;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree to amend and supplement certain articles of Governmental Decree No. 26/2019/NĐ-CP dated March 8, 2019 on detailing certain provisions and measures for implementation of the Law on Aquatic Resources.

Article 1. Amendments and supplements to certain articles of Governmental Decree No. 26/2019/NĐ-CP dated March 8, 2019 on detailing certain provisions and measures for implementation of the Law on Aquatic Resources

1. Supplementing Clauses 16, 17, 18, 19, 20, 21, 22, and 23 to Article 3 as follows:

"16. Fishing vessel anchorage area for typhoon shelter is a specialized area designated for fishing vessels to anchor during typhoons, including: typhoon shelter infrastructure, post-harvest services facility, anchoring water area, access channel to the typhoon shelter area, and administrative zone.

a) Typhoon shelter infrastructure includes: dykes, breakwaters, anti-siltation structures; channels; anchoring facilities (mooring piles, buoys, chains, anchors); navigation aids and signs; lighting system; communication system.

b) Post-harvest services facility includes: essential service provision bases (freshwater, food supplies, communication, medical care, materials, minor repairs, rescue, accident resolution) serving fishermen and fishing vessels to ensure urgent needs and accident resolution.

c) Anchoring water area refers to the water area in front of the wharf, the water area arranged for anchoring vessels, access channel to the anchorage area, and water area dedicated to supply and post-harvest services.

d) Access channel to the typhoon shelter area is the channel connecting the operational water area to the anchoring water area.

đ) Administrative zone includes: infrastructure and equipment serving management and operation activities of the typhoon shelter area (accommodation, control room, security; internal road system; electricity, water, wastewater treatment, fire prevention and extinguishing systems; equipment).

17. Large-scale fishing industry center is a region associated with fishing grounds that have economic, social, resource, raw material, technical infrastructure advantages, with its own boundaries and operational regulations, serving as a hub for production, trade, and post-harvest services for the fishing industry in a continuous and interconnected manner to reduce costs and enhance competitiveness, including special functional zones and specialized facilities.

a) Special functional zones include: processing areas; repair, production of fishing gear, shipbuilding and repair, provision of machinery and equipment for fishing vessels, maritime equipment, communication equipment; anchorage area for typhoon shelter; fishing vessel inspection station; fisheries management agency, patrol boat anchorage area; rescue center.

b) Specialized facilities of large-scale fishing industry centers include training, research, financial institutions, exhibition centers serving aquatic activities.

18. Unintentional exploitation of endangered, precious, and rare aquatic species is the act of capturing, injuring, or killing such species due to unintentional human exploitation activities.

19. Recreational fishing is the activity of exploiting aquatic resources for recreational, entertainment, relaxation, and experience purposes.

20. Service provider of voyage monitoring equipment on fishing vessels is an entity publicly announced by the State Management Agency under the Ministry of Agriculture and Rural Development in accordance with regulations.

21. Service vessels for aquaculture, marine conservation, and co-management in fishery resource protection are floating means equipped with engines or without engines specifically used for aquaculture, marine conservation, and co-management in fishery resource protection, registered and inspected like fishing vessels.

22. The offshore area consists of six regions as follows:

a) Region 1 is the northern area north of the 17°00'N latitude.

b) Region 2 is the area from the 14°00'N latitude to the 17°00'N latitude.

c) Region 3 is the area from the 10°00'N latitude to the 14°00'N latitude.

d) Region 4 is the southern area south of the 10°00'N latitude and east of the 108°00'E longitude.

đ) Region 5 is the southern area south of the 10°00'N latitude, from the 105°00'E longitude to the 108°00'E longitude.

e) Region 6 is the western area west of the 105°00'E longitude."

23. Provincial-level state management agency for aquatic resources is the Fisheries Management Branch assigned to manage aquatic resources and fisheries inspection, or the Department of Agriculture and Rural Development (for localities without a Fisheries Management Branch)."

2. Supplementing Clause 9 to Article 4 as follows:

"9. In cases where natural disasters or epidemics prevent the organization of on-site inspections and evaluations at facilities to issue permits, certificates, approvals, or maintenance checks:

a) The competent authority shall apply online evaluation methods when the facility meets the requirements for human resources and technical equipment; the facility provides relevant documents in paper or electronic form to the inspection authority, or temporarily suspends or extends the validity period of permits, certificates, approvals, or maintenance checks.

b) Producers, traders, and conformity assessment organizations bear legal responsibility for the accuracy of information, documents, images, and files provided to the issuing authority. On-site inspections and evaluations will be conducted once the locality has controlled the natural disaster or epidemic according to the law; immediate revocation of permits will occur if organizations or individuals violate the law, and violations will be handled according to the law.

c) The Ministry of Agriculture and Rural Development shall provide guidance on business procedures and technical content to implement measures as necessary under points a and b of this clause."

3. Amending and supplementing Article 8 as follows:

"Article 8. Management and Protection System for Endangered, Precious, and Rare Aquatic Species

1. Strictly prohibit the exploitation of endangered, precious, and rare aquatic species belonging to Group I except for purposes of conservation, scientific research, initial breeding stock creation, and international cooperation.

2. Endangered, precious, and rare aquatic species belonging to Group II may be exploited if they meet the conditions specified in Part II of Appendix II issued together with this Decree."

3. Organizations and individuals exploiting endangered, precious, and rare aquatic species in Group I or Group II when they do not meet the conditions prescribed in Part II of Appendix II issued together with this Decree for purposes of conservation, scientific research, initial breeding stock creation, and international cooperation must obtain written approval from the State Management Agency for Aquatic Resources under the Ministry of Agriculture and Rural Development and comply with the laws on access to genetic resources.

4. Organizations and individuals conducting initial breeding stock creation and producing breeding stocks of endangered, precious, and rare aquatic species must release at least 0.1% of the total number of individuals produced annually into suitable natural water bodies. The process of releasing breeding stocks to restore endangered, precious, and rare aquatic species shall be carried out as follows:

a) Organizations and individuals report the production volume of breeding stocks of the previous year and the plan for releasing breeding stocks to restore aquatic resources of the current year to the provincial State Management Agency for Aquatic Resources where their headquarters are located via email or directly before January 30 each year.

b) At least seven days prior to releasing breeding stocks to restore aquatic resources, organizations and individuals must notify the provincial State Management Agency for Aquatic Resources in writing via email or directly to inform them for coordination in implementation.

5. Endangered, precious, and rare aquatic species that are administrative violation objects confiscated or evidence items confiscated according to criminal law and criminal procedure law shall be handled as follows:

a) In cases where the individual is still alive and healthy, it must be released back into the natural environment; injured individuals must be handed over to facilities with the function of rescuing aquatic species for nurturing, rescue, and treatment before being released into the natural environment.

b) In cases where the object of confiscation is a part or an individual that has died, it must be handed over to the Vietnam Natural History Museum or scientific research agencies for making specimens, displaying, researching, promoting education, or destroying according to the law.

c) In cases where the object of confiscation is a part or an individual that has died and cannot be handed over as stipulated in point b of this clause or the object is determined to be diseased and capable of causing dangerous epidemics, immediate destruction must be carried out. The destruction process shall be conducted according to the current regulations of the law on veterinary medicine, environmental protection, and animal and plant quarantine.

6. The rescue process for injured or stranded endangered, precious, and rare aquatic species shall be carried out as follows:

a) When organizations and individuals discover endangered, precious, and rare aquatic species that are injured or stranded, they must report to the provincial State Management Agency for Aquatic Resources or facilities with the function of rescuing aquatic species.

b) In cases where the provincial State Management Agency for Aquatic Resources receives information or takes over from organizations and individuals, it must notify the facility with the function of rescuing aquatic species and carry out preliminary rescue and nurturing until the handover.

c) Facilities with the function of rescuing aquatic species receiving the handover of endangered, precious, and rare aquatic species shall prepare the Handover Record according to Model No. 09.BT in Appendix I issued together with this Decree.

7. Facilities with the function of rescuing aquatic species have the following responsibilities:

a) Organize rescue, treatment, nurturing, and evaluate the adaptability of rescued aquatic species before releasing them back into their natural habitat. In cases where the rescued species die during rescue or treatment, the rescue facility may use them as specimens for promotion and education or hand them over to the Vietnam Natural History Museum or scientific research agencies. In cases where the rescued species are unable to survive in the natural environment, the aquatic rescue facility organizes nurturing or hands them over to appropriate organizations for nurturing to serve research, promotion, and education purposes.

b) Report to the State Management Agency for Aquatic Resources under the Ministry of Agriculture and Rural Development on the results of rescuing endangered, precious, and rare aquatic species regularly before November 20 each year and upon request.

8. In cases where dead endangered, precious, and rare aquatic species are not retained, preserved, or made into specimens for research, promotion, and education, the provincial State Management Agency for Aquatic Resources shall coordinate with the district-level local authorities to handle them appropriately in accordance with customs and the provisions of the law on veterinary medicine, environmental protection, and animal and plant quarantine.

9. Organizations and individuals encountering or unintentionally exploiting endangered, precious, and rare aquatic species during fishing activities have the responsibility to record information in the fishing logbook, assess health status, and handle them as follows:

a) In cases where they are still alive and healthy, they must be released back into the fishing area.

b) In cases where they can be rescued due to injury, they must follow the rescue procedures specified in Clause 6 of this Article.

c) In cases where they are too severely injured to be treated or have died, they must follow Clause 8 of this Article.”

4. Amend and supplement Article 10 as follows:

"Article 10. Management of Activities in Marine Protected Areas and Buffer Zones

Clause 1. Activities carried out in the strictly protected zone include:

Point a. Deploying buoys to mark the boundaries of the marine area;

b) Conducting surveys and scientific research after obtaining approval from competent state authorities and under the supervision of the Marine Protected Area Management Board or organizations entrusted with managing the Marine Protected Area;

Point c. Promoting environmental education, biodiversity conservation, and marine resource protection;

Point d. Patrols, inspections, control, and handling of violations;

Point đ. Implementing monitoring and surveillance activities on natural resources, environment, and archaeology;

Point e. Handling maritime incidents, rescuing endangered, precious, rare species, and conserving marine ecosystems.

Clause 2. Activities carried out in the ecological restoration zone include:

Point a. Activities stipulated in Clause 1 of this Article;

b) Restoring and regenerating marine flora and fauna, marine ecosystems after obtaining approval from competent state authorities, following guidelines, and under the supervision of the Marine Protected Area Management Board or organizations entrusted with managing the Marine Protected Area;

Point c. Ecotourism activities that do not harm marine resources and marine ecosystems;

d) Fishing vessels, ships, and other watercrafts may pass through without causing harm but may not anchor, except in cases of force majeure.

Clause 3. Activities carried out in the service-administrative zone include:

Point a. Activities stipulated in Clause 2 of this Article;

b) Aquaculture and fishing;

c) Organizing eco-tourism services;

d) Constructing infrastructure projects serving the operations of the Marine Protected Area Management Board or organizations entrusted with managing the Marine Protected Area; projects serving eco-tourism, aquaculture.

Clause 4. Activities carried out in the buffer zone include:

Point a. Activities stipulated in Clause 3 of this Article;

Point b. Constructing infrastructure projects serving socio-economic development but not causing harm to other zones within the Marine Protected Area and its ecosystems.

5. Activities in Marine Protected Areas as prescribed in Clauses 1, 2, 3, and 4 of this Article must comply with relevant laws and the Management Regulations of Marine Protected Areas."

5. Amend and supplement Article 11 as follows:

a) Amend point a of Clause 1 of Article 11 as follows:

"a) Implement surveys, investigations, research, application of science and technology, and international cooperation on marine conservation within the management scope;"

b) Amend point d of Clause 1 of Article 11 as follows:

"d) Civil servants and employees of the Marine Protected Area Management Board or organizations entrusted with managing the marine protected area may prepare administrative violation records within the marine protected area when performing their duties, handle violations, or transfer violators to competent authorities for handling according to the provisions of the law;"

c) Amend Point e Clause 1 Article 11 as follows:

"e) Cooperate in scientific research, restoration, and regeneration of aquatic animal and plant species, and natural ecosystems within the marine protected area in accordance with the provisions of the law; cooperate in the field of eco-tourism, resort activities, and other service activities within the marine protected area in accordance with the provisions of the law;"

d) Add Point h to Clause 1 Article 11 as follows:

"h) Organize and manage fishing and aquaculture activities within the marine protected area."

đ) Add Clause 3 to Article 11 as follows:

"3. The Marine Protected Area Management Board shall exercise rights and responsibilities for management, environmental protection, conservation of nature, and biodiversity preservation in accordance with the provisions of the law."

6. Amend and supplement Article 13 as follows:

"Article 13. Obligations of organizations and individuals involved in activities related to marine protected areas"

1. For organizations and individuals conducting investigative, scientific research, educational, and training activities in marine protected areas, they have the following obligations:

a) Submit plans for investigative, scientific research, educational, and training activities in marine protected areas to the Management Board of the marine protected area or the organization entrusted with managing the marine protected area ten days before implementation;

b) Conduct surveys, scientific research, education, and training in accordance with the law, the Management Regulations of the Marine Protected Area, and the guidance and supervision of the Marine Protected Area Management Board or organizations entrusted with managing the marine protected area;

c) Report to the Marine Protected Area Management Board or organizations entrusted with managing the marine protected area on the results of surveys, scientific research, education, and training; domestic or international publications (if any);

d) Pay service and supervision fees to the Management Board of the marine protected area or the organization entrusted with managing the marine protected area as prescribed, except for investigative and scientific research activities.

2. Organizations and individuals engaged in eco-tourism services, aquaculture activities within the marine protected area have the following obligations:

a) Implement eco-tourism, resort, and entertainment activities according to the overall development plan for eco-tourism, resorts, and entertainment within the marine protected area approved by the competent authority;

b) Adhere to the Management Regulations of the Marine Protected Area and the regulations of the Marine Protected Area Management Board or organizations entrusted with managing the marine protected area;

c) Protect biodiversity and the environment; participate in environmental cleanup activities, restoration, and regeneration of aquatic species and marine ecosystems within the marine protected area;

d) Disseminate legal provisions on environmental protection and biodiversity conservation to tourists;

đ) Pay service fees to the Management Board of the marine protected area or the organization entrusted with managing the marine protected area as prescribed;

e) Organizations and individuals meeting the conditions and having the need to fish or engage in aquaculture within the marine protected area must register with the Management Board of the marine protected area or the organization entrusted with managing the marine protected area.

3. For local communities, households, and individuals living within and around the marine protected area, they have the following obligations:

a) Adhere to the Management Regulations of the Marine Protected Area, the regulations of the Management Board of the marine protected area or the organization entrusted with managing the marine protected area, and relevant laws;

b) Protect the environment and biodiversity within the marine protected area;

c) Participate in activities to regenerate and restore aquatic animal and plant species and marine ecosystems within the marine protected area.

7. Amend Point b Clause 1 Article 15 as follows:

"b) Recurrent expenditure includes: Activities of the Marine Protected Area Management Board or organizations entrusted with managing the marine protected area; other recurrent activities related to the management of the marine protected area."

8. Amend Point a Clause 1, Clause 6, Clause 7, and add Clause 8, Clause 9 to Article 21 as follows:

a) Amend Point a Clause 1 Article 21 as follows:

"a) The State management agency under the Ministry of Agriculture and Rural Development shall issue, reissue, and revoke Certificates of Eligibility for breeding fish seed production facilities, including those that produce both parent and non-parent fish seeds;"

b) Amend Clause 6 Article 21 as follows:

"6. Duration of maintaining conditions

a) The duration for maintaining conditions at breeding fish seed production facilities is twelve months. In cases where the facility has been certified with a quality management system certificate in accordance with the law, the duration is twenty-four months.

b) The inspection of maintenance conditions shall be conducted within a maximum period of ninety days from the end of the twelve-month period and one hundred eighty days from the end of the twenty-four-month period. The twelve-month and twenty-four-month periods are calculated from the date of initial certification or the previous inspection date as stipulated.

c) The inspection agency shall notify the facility of the inspection schedule five working days prior to the inspection. The inspection shall be carried out according to the contents specified in Model 03.NT Appendix III issued together with this Decree. Five working days after the completion of the inspection, the inspection agency shall notify the inspected facility of the inspection results and the duration of maintenance conditions.

d) During the maintenance period, if the facility does not wish to maintain conditions as required, it must notify the authorized agency as stipulated in Clause 1 of this Article to revoke the Certificate of Eligibility for breeding fish seed production and publish the information on the website of the State management agency under the Ministry of Agriculture and Rural Development."

c) Amend Clause 7 Article 21 as follows:

"7. When discovering a facility violating any of the cases stipulated in Clause 4 Article 25 of the Fisheries Law, the competent authority shall handle it as follows:

a) If the facility fails to maintain conditions as prescribed in Points a, b, d Clause 1 Article 24 of the Fisheries Law and Clause 1 Article 20 of this Decree, the competent authority shall impose administrative penalties and issue a Decision to revoke or recommend the revocation of the Certificate of Eligibility for breeding fish seed production and publish the information on the website of the State management agency under the Ministry of Agriculture and Rural Development;

b) If the facility fails to maintain or maintains insufficiently but cannot rectify the conditions as prescribed in Point c Clause 1 Article 24 of the Fisheries Law and Clause 2 Article 20 of this Decree, the competent authority shall impose administrative penalties and issue a Decision to revoke or recommend the revocation of the Certificate of Eligibility for breeding fish seed production and publish the information on the website of the State management agency under the Ministry of Agriculture and Rural Development;

c) If the facility violates the provisions of Point a or Point c Clause 4 Article 25 of the Fisheries Law, the competent authority shall impose administrative penalties and issue a Decision to revoke or recommend the revocation of the Certificate of Eligibility for breeding fish seed production and publish the information on the website of the State management agency under the Ministry of Agriculture and Rural Development."

d) Add Clause 8, Clause 9 to Article 21 as follows:

"8. A facility holding a Certificate of Compliance for Aquatic Seed Production and Rearing Conditions when participating in one, several, or all stages of aquatic seed production and rearing processes announced by another facility with applicable standards and conformity to national technical regulations shall comply with the following:

a) The production and rearing of aquatic seeds must be consistent with the conditions stated on the Certificate and there must be a written agreement between both parties regarding the subject matter, quantity, announced standards, and implementation period;

b) Fulfill obligations as stipulated at points b, c, đ, e, g, and h of Clause 2, Article 26 of the Fisheries Law. Maintain records and keep files during the production and rearing process and provide a copy to the facility that has announced applicable standards and conformity to national technical regulations for storage purposes to trace the origin."

9. A facility that has announced applicable standards and conformity to national technical regulations for aquatic seeds when producing and rearing at another facility holding a Certificate of Compliance must fulfill obligations as stipulated at points a, d, and g of Clause 2, Article 26 of the Fisheries Law and maintain records during the production and rearing process.

9. Amend point c of Clause 2, Article 22 as follows:

“c) Research outline approved by the competent state management agency (for cases of importation for scientific research).”

10. Amend point b of Clause 7, Article 26 as follows:

“b) Within one working day from the date of issuing the decision recognizing the results of aquatic seed testing, the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development shall publicly announce the recognition decision on its official website.”

11. Amend point b of Clause 5, Clause 6, Clause 7, and add Clause 9 to Article 28 as follows:

a) Amend point b of Clause 5, Article 28 as follows:

“b) Inspect the actual conditions of the facility at the location of aquafeed production and aquatic environment treatment product manufacturing according to Article 27 of this Decree and Article 32 of the Fisheries Law;"

b) Amend Clause 6, Clause 7 of Article 28 as follows:

"6. Duration of maintenance inspection

a) The duration for maintaining the conditions of aquafeed production facilities and aquatic environment treatment product manufacturing is twelve months. In cases where the facility has been certified by an organization for conformity assessment according to the relevant laws, the duration of the maintenance inspection is twenty-four months.

b) The maintenance inspection of the facility shall be conducted within a maximum of ninety days from the end of the twelve-month period and one hundred eighty days from the end of the twenty-four-month period. The twelve-month and twenty-four-month periods are calculated from the date of initial certification as compliant or the previous maintenance inspection date as prescribed.

c) The inspection agency shall notify the facility of the maintenance inspection date five working days in advance; conduct the maintenance inspection of the facility according to Model Number 13.NT Appendix III issued together with this Decree. Five working days after the completion of the inspection activity, the inspection agency shall notify the inspected facility of the inspection results and the maintenance period.

d) During the maintenance period, if the facility does not require maintenance as prescribed, it must notify the competent authority specified in Clause 1 of this Article to revoke the Certificate of Compliance for aquafeed production and aquatic environment treatment product manufacturing and publish the revocation on the official website of the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development.

7. When discovering a violation by a facility as stipulated in Clause 4, Article 34 of the Fisheries Law, the competent authority shall handle it as follows:

a) If the facility fails to maintain compliance with the conditions as stipulated in points a, b, c, d, e of Clause 1, Article 32 of the Fisheries Law and Clauses 1 and 2 of Article 27 of this Decree, the competent authority shall impose administrative penalties and issue a Decision to revoke or recommend the competent authority to revoke the Certificate of Compliance for aquafeed production and aquatic environment treatment product manufacturing and publish the revocation on the official website of the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development.

b) If the facility fails to maintain or maintains incompletely but lacks the ability to rectify the conditions as stipulated in point đ of Clause 1, Article 32 of the Fisheries Law and Clause 3 of Article 27 of this Decree, the competent authority shall impose administrative penalties and issue a Decision to revoke or recommend the competent authority to revoke the Certificate of Compliance for aquafeed production and aquatic environment treatment product manufacturing and publish the revocation on the official website of the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development.

c) If the facility violates the provisions as stipulated in points a or c of Clause 4, Article 34 of the Fisheries Law, the competent authority shall impose administrative penalties and issue a Decision to revoke or recommend the competent authority to revoke the Certificate of Compliance for aquafeed production and aquatic environment treatment product manufacturing and publish the revocation on the official website of the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development.”

c) Add Clause 9 to Article 28 as follows:

“9. Facilities not within the scope of certification for aquafeed ingredient production include: aquafeed ingredient production facilities not required to declare conformity; primary production facilities (agricultural, livestock, aquaculture, harvesting, fishing, and extraction facilities).”

12. Amend and supplement Article 29 as follows:

"Article 29. Inspection of Aquafeed Quality and Aquatic Environment Treatment Product Quality

1. The agency responsible for inspecting imported aquafeed quality and aquatic environment treatment product quality: The Ministry of Agriculture and Rural Development.

2. The content, procedure, and formalities for inspecting imported aquafeed quality and aquatic environment treatment product quality shall be carried out in accordance with the laws on product and commodity quality."

3. Sampling for testing the quality of aquatic feed and environmental treatment products for aquaculture shall be carried out in accordance with national standards and technical regulations. In cases where there are no national standards or technical regulations on sampling, random sampling methods shall be applied.

4. Testing of aquatic feed and environmental treatment products for aquaculture shall be conducted by laboratories designated by the Ministry of Agriculture and Rural Development or registered to operate in accordance with the law. In cases where no laboratory has been designated for state inspection purposes or registered for operation for organizational or individual activities related to aquatic feed and environmental treatment products for aquaculture, testing shall be carried out at laboratories designated or registered to operate in the field of food, animal feed, veterinary drugs, plant protection chemicals, and fertilizers if appropriate testing methods are available. Where testing methods have not been designated or standardized, the competent authority under the Ministry of Agriculture and Rural Development shall decide on the applicable testing method.

13. Amend and supplement point b, Clause 2, Clause 4, Article 30 as follows:

a) Amend and supplement point b, Clause 2, Article 30 as follows:

“b) A confirmation certificate regarding participation in trade fairs or exhibitions in Vietnam (for imported goods intended for display at trade fairs or exhibitions) must contain complete information about the event's date, location, product details (product name, main components, functions, usage instructions, storage instructions), quantity, weight, post-event product disposal plan, and responsibilities of all parties involved;”

b) Amend and supplement Clause 4, Article 30 as follows:

“4. Import of live aquatic species for use as aquatic feed:

a) Organizations and individuals are permitted to import aquatic species listed in the Catalogue of Aquatic Species Permitted for Business in Vietnam for use as aquatic feed. In cases where the aquatic species intended for use as feed is not included in the Catalogue, organizations and individuals must conduct trials in accordance with Article 26 of this Decree.

b) The procedures and formalities for importing aquatic species permitted for business in Vietnam for use as aquatic feed shall be implemented in accordance with the provisions of Article 30 of this Decree.”

14. Amend and supplement Article 36 as follows:

“Article 36. Registration for Cage and Raft Aquaculture, Main Aquatic Species Cultivation

1. Competent Authority Issuing Confirmation Certificate: Provincial-level competent authorities for fisheries management issue the confirmation certificate for cage and raft aquaculture registration and main aquatic species cultivation.

2. Types of Cage and Raft Aquaculture that Must Be Registered Include: Cage culture, suspended rack culture, tidal flat culture, marine culture, river, lake, and natural estuary culture.

3. Documents Required for Registration Include:

a) Application Form No. 26.NT attached as Appendix III to this Decree;

b) Site layout diagram of the pond/cage with confirmation from the owner of the facility.

4. Documents Required for Re-registration Include:

a) Re-application Form No. 27.NT attached as Appendix III to this Decree;

b) Original confirmation certificate issued (except in cases of loss);

c) Site layout diagram of the pond/cage with confirmation from the owner of the facility (in cases of production scale changes); in cases of changes in the facility owner, proof of such changes must be provided.

5. Procedures for Registration and Re-registration of Cage and Raft Aquaculture, Main Aquatic Species Cultivation Include:

a) The aquaculture facility owner submits the application documents to the provincial-level competent authority for fisheries management;

b) Within seven working days from the date of receipt of complete documents, the provincial-level competent authority for fisheries management shall review based on the local aquaculture development planning, programs, projects, and other relevant regulations approved by the competent authority, and issue the confirmation certificate according to Form No. 28.NT attached as Appendix III to this Decree. If the certificate is not issued, a written response with reasons must be provided.

6. Re-registration of Cage and Raft Aquaculture, Main Aquatic Species Cultivation Shall Be Conducted Under Any of the Following Circumstances: Loss, damage, change of facility owner, or production scale change.

7. Revocation of Confirmation Certificate for Cage and Raft Aquaculture, Main Aquatic Species Cultivation

a) The confirmation certificate will be revoked under any of the following circumstances: Alteration, erasure, or modification of the certificate's content; Violation of laws requiring revocation of the certificate;

b) The authority issuing the confirmation certificate has the authority to revoke it.”

15. Amend and supplement point b, Clause 3, Clause 4; Add point c, Clause 5, Clause 6, Clause 7 to Article 37 as follows:

a) Amend point b, Clause 3, Article 37 as follows:

“b) Within forty-five days from the date of receipt of complete documents, the competent authority shall examine the documents, seek opinions from the competent authority for natural resources and environment management, relevant units, and organize on-site inspections (if necessary) in the proposed sea area for aquaculture permit issuance, and issue the permit according to Form No. 31.NT attached as Appendix III to this Decree if the requirements are met. If the permit is not issued, a written response with reasons must be provided.”

b) Amend and supplement Clause 4, Article 37 as follows:

“4. Reissue and Extension of Aquaculture Permit in the Sea.

a) Conditions for Reissuance and Extension: An aquaculture permit in the sea may be reissued in cases of loss, damage, or changes in the information of the organization or individual; extended when the permit still has at least sixty days remaining validity.

b) Documents Required for Reissuance and Extension of Aquaculture Permit in the Sea Include:

Application for Reissue/Extension of Permit according to Form No. 29.NT attached as Appendix III to this Decree;

Production Results Report according to Form No. 30A.NT attached as Appendix III to this Decree;

Environmental Protection Results Report reviewed and approved by the competent authority.”

A certified copy of the Decision assigning the marine area (for the case of extending the Permit);

A certified copy of the document from the competent state agency reflecting the change or addition to the information of the organization or individual (for the case of reissuing the Permit).

c) Implementation procedures:

The organization or individual submits the dossier to the competent authority specified in Clause 1 of this Article.

Within fifteen days from the date of receiving the complete dossier requesting for reissue/extension of the Permit, the competent authority shall consider issuing/reissuing the Permit. In cases where it does not issue/reissue, it must respond in writing and specify the reasons.

c) Supplement Point c to Clause 5 of Article 37 as follows:

“c) When discovering that the facility violates one of the cases stipulated in Point a of this Clause, the competent authority specified in Point b of this Clause shall issue a decision to revoke the Marine Aquaculture Permit.”

d) Supplement Clause 6, Clause 7 to Article 37 as follows:

“6. The validity period of the Marine Aquaculture Permit shall not exceed the period prescribed in Clause 4 of Article 44 of the Fisheries Law. In cases where the Permit expires and the organization or individual wishes to continue using the marine area for aquaculture, they may be considered for extension once or multiple times but the total extension period shall not exceed twenty years.

7. In cases of transferring the value of the right to use the marine area for aquaculture: Organizations or individuals leasing or contributing capital to the right to use the marine area for aquaculture shall bear legal responsibility for obligations in aquaculture activities and the use of the marine area.

a) In cases where the organization or individual receiving the transfer continues to implement the aquaculture project of the transferring organization or individual, they must change the information in the Marine Aquaculture Permit according to Clause 4 of this Article;

b) In cases where the organization or individual receiving the transfer does not continue to implement the aquaculture project of the transferring organization or individual, they must go through the procedures for issuing a Marine Aquaculture Permit according to Clause 2 and Clause 3 of this Article.”

16. Amend and supplement Article 38 as follows:

“Article 38. Issuance of Marine Aquaculture Permit for foreign investors and economic organizations with foreign investment capital

1. The competent authority issuing the Marine Aquaculture Permit for foreign investors and economic organizations with foreign investment capital is the Ministry of Agriculture and Rural Development.

2. The dossier for issuing the Marine Aquaculture Permit is as stipulated in Clause 2 of Article 37 of this Decree.

3. Procedure for issuing the Marine Aquaculture Permit:

a) Organizations or individuals requiring issuance of the Marine Aquaculture Permit submit the dossier to the State Management Agency under the Ministry of Agriculture and Rural Development;

b) Within ninety days from the date of receipt of all documents, the State Management Agency under the Ministry of Agriculture and Rural Development shall organize the review of the dossier; conduct on-site surveys at the marine area (if necessary); advise the Ministry of Agriculture and Rural Development to seek opinions from local authorities where the marine area is located, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Natural Resources and Environment. The agencies asked for opinions must reply within thirty days from the date of receipt of the request for opinions, failure to reply within this period will be deemed as agreement with the content requested.

If all agencies asked for opinions agree, within five working days, the State Management Agency under the Ministry of Agriculture and Rural Development shall advise the Minister of Agriculture and Rural Development to issue the Marine Aquaculture Permit according to Model No. 31.NT Appendix III promulgated together with this Decree.

If there is at least one dissenting opinion regarding the issuance of the Marine Aquaculture Permit for foreign investors and economic organizations with foreign investment capital, the State Management Agency under the Ministry of Agriculture and Rural Development shall advise the Ministry of Agriculture and Rural Development to report and seek guidance from the Prime Minister. Within seven working days from the date of receipt of the Prime Minister's opinion, the Minister of Agriculture and Rural Development shall issue the Marine Aquaculture Permit according to Model No. 31.NT Appendix III promulgated together with this Decree. In cases where the permit is not issued, a written response must be given and the reasons clearly stated.

4. Reissuing and extending the Permit:

a) In cases of reissuing and extending the Permit: The Permit is reissued when it is lost, damaged, or has changes or additions to the information of the organization or individual; it can be considered for extension if the Permit still has at least sixty days remaining.

b) The dossier for reissuing and extending the Permit includes:

An application for reissuing the Permit according to Model No. 29.NT Appendix III promulgated together with this Decree;

Production Results Report according to Form No. 30A.NT attached as Appendix III to this Decree;

Environmental Protection Results Report reviewed and approved by the competent authority.”

A certified copy of the Decision assigning the marine area, the Marine Aquaculture Permit (for the case of extending the Permit);

A certified copy of the document from the competent state agency reflecting the change or addition to the information of the organization or individual (for the case of reissuing the Permit).

c) Implementation procedures:

The organization or individual submits the dossier to the competent authority specified in Clause 1 of this Article.

Within thirty days from the date of receipt of the complete dossier requesting for reissuing/extension of the Permit, the competent authority shall consider reissuing/extending the Permit. In cases where it does not reissue/extend, a written response must be given and the reasons clearly stated.

5. The validity period of the Marine Aquaculture Permit as prescribed in Article 37 of this Decree.

6. Revocation of the Marine Aquaculture Permit:

a) The Permit is revoked in any of the following cases: The Permit is erased, altered, or its content changed; it does not comply with the contents stipulated in the Permit;

b) The Ministry of Agriculture and Rural Development has the authority to revoke and issue a Decision to revoke the Permit.

7. In cases of transferring the value of the right to use the marine area for aquaculture: Organizations or individuals leasing or contributing capital to the right to use the marine area for aquaculture shall bear legal responsibility for obligations in aquaculture activities and the use of the marine area.

a) In cases where the organization or individual receiving the transfer continues to implement the aquaculture project of the transferring organization or individual, they must change the information in the Marine Aquaculture Permit according to Clause 4 of this Article;

b) In cases where the organization or individual receiving the transfer does not continue to implement the aquaculture project of the transferring organization or individual, they must go through the procedures for issuing a Marine Aquaculture Permit according to Clause 2 and Clause 3 of this Article.”

17. Amend and supplement Clause 2 and Point b Clause 3 of Article 41 as follows:

a) Amend and supplement Clause 2 of Article 41 as follows:

“2. The conditions for facilities breeding endangered, precious, and rare aquatic species must meet the conditions stipulated in Article 24 of the Fisheries Law and Clause 20 of this Decree. In cases where facilities breeding, growing, or artificially cultivating endangered, precious, and rare aquatic species other than those stipulated in Clause 1 of this Article must meet the conditions stipulated in Article 38 of the Fisheries Law and Clause 34 of this Decree.”

b) Amend and supplement Point b Clause 3 of Article 41 as follows:

"b) For endangered, precious, and rare aquatic species not listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, registration for certification of aquaculture facilities meeting the conditions shall be conducted in accordance with Article 35 of this Decree."

18. Amend and supplement Clause 1 of Article 42 as follows:

"1. The marine fishing area includes:

a) The coastal zone limited by the seawater edge along the coast and the baseline. For islands, the coastal zone is the sea area limited by the mean annual tidal water mark around the island's coastline to six nautical miles;

b) The estuarine zone limited by the baseline and the estuarine line;

c) The offshore zone (the distant waters) limited by the estuarine line and the outer boundary determined in accordance with the United Nations Convention on the Law of the Sea 1982."

19. Supplement Clauses 4, 5, and 6 to Article 43 as follows:

"4. Transfer of quota Fishing Permits for the offshore zone:

a) Organizations and individuals who have been granted Fishing Permits for the offshore zone must ensure that the total quota of Fishing Permits for the offshore zone assigned by the Ministry of Agriculture and Rural Development does not increase when transferring ownership of fishing vessels between provinces and centrally-administered cities.

The transfer of quotas among different fishing activities within the total quota assigned shall be decided by the provincial People's Committee, ensuring compliance with the local development direction of the fishing industry towards friendly fishing activities and in accordance with the law;

b) Organizations and individuals receiving ownership of fishing vessels must comply with the provisions on approval documentation under Article 62 of the Fisheries Law and Article 57 of this Decree and register the fishing vessel according to regulations. The Department of Agriculture and Rural Development of the province or centrally-administered city where the transfer of ownership of fishing vessels occurs shall notify the transfer of the quota of Fishing Permits for the offshore zone to the province or centrally-administered city where the recipient organization or individual is located using Form No. 01A.KT attached as Appendix IV of this Decree after issuing the approval documentation in accordance with regulations; The vessel registration authority shall carry out procedures to deregister and register the fishing vessel according to regulations.

5. Provinces and centrally-administered cities without a coastline shall review and determine the number of fishing vessels currently in operation and their operational areas, and send the information on fishing vessels with a length of six meters to less than fifteen meters, which were issued Fishing Permits before the effective date of this Decree, to the People's Committee of the province or centrally-administered city with a coastline where the fishing vessels operate, to include them in the quota of Fishing Permits for the coastal and estuarine zones of the province or centrally-administered city with a coastline and coordinate the management of fishing vessel operations.

6. Fishing vessels with a length of six meters or more must enter ports to load and unload products."

20. Amend and supplement Article 44 as follows:

"Article 44. Regulations on the Management of the Vessel Monitoring System

1. The voyage monitoring equipment installed on fishing vessels must meet the requirements set forth in Appendix VII attached to this Decree.

2. Requirements for the software of the vessel monitoring system at the provider of voyage monitoring equipment on fishing vessels:

a) Must have the capability to connect and receive data from the voyage monitoring equipment installed on fishing vessels;

b) Ensure continuous connection to transmit all information and data from the voyage monitoring equipment installed on fishing vessels to the central database of the vessel monitoring system under the competent state management agency for fisheries under the Ministry of Agriculture and Rural Development;

c) Receive information from the vessel monitoring system to transmit to the voyage monitoring equipment installed on fishing vessels in the format specified by the central database of the vessel monitoring system under the competent state management agency for fisheries under the Ministry of Agriculture and Rural Development;

d) Ensure data security in accordance with the law.

3. Functions of the software of the vessel monitoring system at the central database of the vessel monitoring system under the competent state management agency for fisheries under the Ministry of Agriculture and Rural Development:

a) Must be compatible with Microsoft Windows, Android, and IOS operating systems; have a user-friendly Vietnamese interface. Manage all information on fishing vessels equipped with voyage monitoring equipment; provide information and data to central and local state management agencies for managing, inspecting, and supervising the activities of fishing vessels at sea, entering and leaving ports, without interfering to modify the voyage data of fishing vessels;

b) Must display the real-time position of the vessel, time, speed, direction of movement, alarm signals, the latest data update time, weather information, fishing ground information, status of the vessel monitoring equipment, and send information to the vessel monitoring equipment through the software at the provider of voyage monitoring equipment; display the main equipment according to the declaration code with the fishing permit and display the backup equipment;

c) Have functions to access, search, create tables, reports, and statistics of data in accordance with the regulations of the Ministry of Agriculture and Rural Development on providing, managing, and using data from the vessel monitoring equipment, creating areas to manage vessels and sending automatic alerts when vessels enter or exit areas;

d) Connect and transmit information with the central database of the provider of voyage monitoring equipment on fishing vessels; allocate usage rights to organizations and individuals authorized to use vessel monitoring data;

đ) Must clearly display the coordinates of fishing areas, prohibited fishing areas, fishing ports, islands, archipelagos under Vietnam's sovereignty, and Vietnam's historical waters.

4. Management of the vessel monitoring system

a) The competent state management agency for fisheries under the Ministry of Agriculture and Rural Development shall be responsible for:

Uniformly managing the vessel monitoring system and national vessel monitoring data, managing the system, and granting access and usage rights to vessel voyage monitoring data for designated port authorities, law enforcement agencies related to marine fishing activities; directly process vessel monitoring data for fishing vessels with a maximum length of twenty-four meters or more."

Construct, organize the operation of the fishing vessel monitoring system to ensure that information and data are received and processed promptly; when detecting fishing vessels losing signal or exceeding the permitted fishing area at sea, must report through one of the following methods: telephone, email, or data to the receiving and processing unit of the fishing vessel monitoring system of the Departments of Agriculture and Rural Development of coastal provinces and centrally governed cities, Fisheries, Coast Guard Command, Border Guard Command for inspection, control, handling, summarizing, and reporting according to regulations and coordination mechanisms among units.

b) The Departments of Agriculture and Rural Development of coastal provinces and centrally governed cities shall manage and process the monitoring data of fishing vessels in their province; handle monitoring data of fishing vessels with a maximum length from 15 meters to less than 24 meters; exploit the voyage monitoring database to serve management of fishing vessels, trace origin, and handle administrative violations within their jurisdiction. Provincial state management agencies on fisheries of coastal provinces and centrally governed cities shall manage and process the monitoring data of fishing vessels in their province and those of other localities operating in their marine areas; exploit the voyage monitoring database to serve management of fishing vessels, trace origin, and handle administrative violations within their authority.

c) The Departments of Agriculture and Rural Development of provinces and centrally governed cities, Fisheries, Coast Guard Command, Border Guard Command shall be responsible for appointing and sending information about the receiving point of fishing vessel voyage monitoring to the State Management Agency on Fisheries under the Ministry of Agriculture and Rural Development for processing voyage monitoring system information. Regularly before the 20th day of each month or immediately upon request, report the results of processing to the State Management Agency on Fisheries under the Ministry of Agriculture and Rural Development (through the operation center of the voyage monitoring system) via email or written document for consolidation.

d) The ship owner must declare installation information and activate the voyage monitoring service of fishing vessels according to Model No. 01.KT Appendix IV issued together with this Decree when installing tracking equipment on fishing vessels; shall be provided with voyage monitoring information of their own fishing vessels from the fishing vessel monitoring data center under the State Management Agency on Fisheries under the Ministry of Agriculture and Rural Development and the fishing vessel monitoring data center of the equipment provider when requested.

đ) The provincial state management agency on fisheries shall be responsible for managing and inspecting the installation and activation of voyage monitoring services for fishing vessels.

e) The captain or ship owner must ensure that the voyage monitoring equipment of fishing vessels operates continuously 24/24 hours from the time the fishing vessel leaves the port until it returns. In case the voyage monitoring equipment of fishing vessels loses connection signal, the captain or ship owner must use devices to record the position of the fishing vessel and report to the management agency at the port when the vessel docks, use other communication devices to report the position of the fishing vessel to the State Management Agency on Fisheries under the Ministry of Agriculture and Rural Development and the provincial state management agency on fisheries where the fishing vessel is registered (through the operation center of the fishing vessel monitoring system) every six hours and must bring the vessel back to the port for repair within ten days from the date the voyage monitoring equipment is damaged; The captain and ship owner must strictly comply with the warnings of the voyage monitoring equipment of fishing vessels and not allow the vessel to exceed the permitted fishing area at sea.

g) Foreign fishing vessels operating in Vietnam's territorial waters must install voyage monitoring equipment that meets technical requirements, manage and use the voyage monitoring system and data as stipulated in this Article.

Voyage monitoring data of fishing vessels shall be used as a legal basis for managing the activities of fishing vessels, imposing administrative penalties, resolving fishery disputes at sea, confirming and certifying seafood from fishing; implementing policy payments in the field of fisheries.

5. Responsibilities of the entity providing voyage monitoring equipment for fishing vessels

a) Update and manage information about vessels, ship owners, monitoring equipment codes, lead seals, and automatically transmit such information to the fishing vessel monitoring data center under the State Management Agency on Fisheries under the Ministry of Agriculture and Rural Development; check and take responsibility for the accuracy of the information before updating into the software of the voyage monitoring equipment provider; notify the ship owner at least thirty days prior to the expiration of the voyage monitoring equipment service; do not arbitrarily disconnect when the fishing vessel is operating at sea;

b) Install voyage monitoring equipment at a fixed secure location on the part attached to the body of the fishing vessel, with an instruction board (the board contains minimum information: 24/24 hour support phone number, contact address of the voyage monitoring equipment provider); perform lead sealing to fix the equipment on the vessel during new installation or after repairs;

c) Promptly rectify equipment malfunctions and provide related information; cooperate in the process of handling violations when required by competent authorities; handle signal malfunctions of the voyage monitoring equipment provided by their own unit; send unsent voyage monitoring data of fishing vessels to the fishing vessel monitoring data center under the State Management Agency on Fisheries under the Ministry of Agriculture and Rural Development along with a confirmation document in cases of force majeure;

d) Report regularly quarterly, semi-annually, annually, or immediately upon request, the results of implementation to the State Management Agency on Fisheries under the Ministry of Agriculture and Rural Development, the Departments of Agriculture and Rural Development of provinces and centrally governed cities where the fishing vessels are registered according to Model No. 01B.KT Appendix IV issued together with this Decree;

d) Prior to providing voyage monitoring equipment, a written notification must be made to the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development for consolidation and public announcement on the electronic portal of the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development.

e) Ensure data transmission from the equipment to the fishing vessel monitoring data center of the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development.

g) Shall be responsible in cases where the fishing vessel voyage monitoring equipment fails to transmit data to the fishing vessel monitoring data center due to technical errors.

6. Data Security:

a) Data stored on the server of the entity providing voyage monitoring equipment for fishing vessels must ensure that it is not deleted or altered during the entire storage period as prescribed.

b) Data transmitted between the voyage monitoring equipment for fishing vessels and the server of the entity providing voyage monitoring equipment for fishing vessels must be encrypted to ensure information security during transmission; fishing vessel monitoring data provided to other specialized agencies must be encrypted in accordance with regulations.

c) The minimum data retention period for voyage monitoring data of fishing vessels is thirty-six months; all servers storing and processing data of the entity providing voyage monitoring equipment for fishing vessels must be located within Vietnam.

d) The entity providing voyage monitoring equipment for fishing vessels has the responsibility to secure data and provide accurate data; may only provide fishing vessel monitoring data upon request of competent state management agencies for fisheries with the approval of the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development.

7. Management, Installation, Removal, Replacement of Voyage Monitoring Equipment

a) The provincial-level State Management Agency for Fisheries shall establish and promulgate procedures for the installation, removal, and replacement of voyage monitoring equipment on fishing vessels, and manage the installation, removal, and replacement of voyage monitoring equipment on fishing vessels.

b) When installing, removing, or replacing voyage monitoring equipment on fishing vessels, the shipowner must report to the local State Management Agency for Fisheries according to Model No. 01.KT Appendix IV issued together with this Decree for inspection and confirmation in accordance with regulations and request the entity providing voyage monitoring equipment to update the database. In case the voyage monitoring equipment malfunctions, before removing the equipment, the shipowner must notify the provincial-level State Management Agency for Fisheries to prepare an Inspection Record of the equipment's condition prior to removal and replacement.

c) Voyage monitoring equipment installed on fishing vessels must be secured with lead seals according to the model announced by the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development; each lead seal used for each piece of equipment must have an independent serial number, and the serial number of the lead seal provided by the entity must include relevant information (abbreviated name of the entity providing the equipment, serial number of the lead seal). After installing the equipment on the fishing vessel, the entity providing the equipment must notify the State Management Agency for Fisheries under the Ministry of Agriculture and Rural Development and the provincial-level State Management Agency for Fisheries to inspect the installation of the equipment on the fishing vessel and update the fishing vessel monitoring database."

21. Amend and supplement point b Clause 1, Clause 4, point b Clause 5; and add Clause 6 to Article 45 as follows:

a) Amend point b Clause 1 of Article 45 as follows:

“b) A copy of the Certificate of Technical Safety for Fishing Vessels as required by law for inspection;”

b) Amend Clause 4 of Article 45 as follows:

“4. The validity period of the first-time issued Fishing Exploitation Permit shall not exceed the remaining period of the quota of the Fishing Exploitation Permit already announced.”

c) Amend point b Clause 5 of Article 45 as follows:

“b) Upon discovering a violation of any of the cases stipulated in Clause 5 of Article 50 of the Fisheries Law, the competent authority shall issue a decision to revoke the Fishing Exploitation Permit and announce it through mass media.”

d) Add Clause 6 to Article 45 as follows:

“6. Fishing vessels engaged in harvesting aquatic resources may concurrently engage in one auxiliary occupation, but are not permitted to concurrently engage in trawling or auxiliary activities related to harvesting aquatic resources. Auxiliary fishing vessels are not allowed to operate concurrently in any occupation.”

22. Add Article 45a following Article 45 as follows:

“Article 45a. Supervisors on Vietnamese Fishing Vessels Operating in Vietnamese Waters

1. Supervisors on Vietnamese Fishing Vessels must meet the following conditions:

a) Be a Vietnamese citizen;

b) Possess sufficient health and skills to work on fishing vessels for extended periods at sea;

c) Have completed training, refresher courses, or workshops on supervising fishing operations.

2. Rights and Responsibilities of Supervisors:

a) Be provided with working, eating, and resting conditions on fishing vessels throughout their working period;

b) Be guaranteed travel expenses, allowances, wages, subsidies, insurance, and other benefits as prescribed for those appointed by government agencies; be paid expenses according to the Contract for those hired to perform supervision duties on fishing vessels;

c) Have access to and use facilities and equipment on board the vessel necessary for performing their duties;

d) Have access to the vessel’s records, including: Certificate of Registration for Fishing Vessels, Certificate of Technical Safety for Fishing Vessels, Fishing Exploitation Permit, Crew Logbook, Fishing Logbook, and related documents;

đ) Have access to marine navigation equipment, nautical charts, radios, depth sounders, fish finders, radars, positioning devices, communication equipment, and other equipment; have access to the deck during the deployment and retrieval of fishing gear and sampling of aquatic products;

e) Have access to medical and sanitation equipment; use food, accommodation, and similar standards as those for crew members working on the vessel;

g) Participate in training, refresher courses, and workshops on performing supervisor duties on fishing vessels;

h) Perform tasks according to the contract or as assigned by the appointing government agency;

i) Adhere to conduct rules and confidentiality regarding the vessel's activities, crew members, shipowners, and collected data and information.

k) Ensure the independence, objectivity, and fairness when performing the duties of an observer on fishing vessels;

l) Regularly exchange with the captain regarding issues and tasks related to the observer's work.

3. Rights of the vessel owner and the captain

a) To be notified at least seven days in advance about the assignment of an observer to work on the vessel for the upcoming voyage, in cases where the observer is appointed by a state agency; to disseminate the rights and obligations of implementing the observer program on fishing vessels;

b) To request the observer to comply with the general rules of the vessel and legal regulations;

c) The captain may review and comment on the observer's report, has the right to supplement opinions and information to the observer's report.

4. Obligations of the vessel owner and the captain

a) To receive, arrange workspace, meals, and accommodation, and create conditions for the observer to work on the vessel assigned by a competent state agency according to the Implementation Plan of the Observer Program on Fishing Vessels approved by the Ministry of Agriculture and Rural Development; must notify in writing the local fisheries management authority about the deployment of observers on fishing vessels before signing a contract with the fishing vessel observer for their knowledge, monitoring, and management;

b) To assign a crew member to accompany the observer when the observer performs tasks in dangerous areas;

c) To inform the crew about the time the observer boards the vessel, and disseminate their rights and responsibilities when the observer performs tasks on the vessel;

d) To assist the observer in safely boarding and disembarking the vessel at the designated location and time;

đ) To notify the observer at least fifteen minutes before starting to deploy or retrieve nets;

e) To allow and support the observer to have full access to the vessel’s records including: Certificate of Registration of Fishing Vessels, Safety Technical Certificate of Fishing Vessels, Fishing Permit, Crew Logbook, and Voyage Logbook for the purpose of inspection and recording information about the fishing vessel and voyage;

g) To permit the observer to access spaces, harvested products, maritime equipment, nautical charts, communication devices, and other equipment and information related to fishing activities to facilitate the observer in carrying out data collection, sample gathering, and recording other relevant information;

h) Not to threaten, interfere, or bribe the observer to affect the performance of their supervisory duties;

i) To pay the costs according to the signed contract with the observer or certain expenses to implement the Observer Program on Fishing Vessels approved by the Ministry of Agriculture and Rural Development.

5. The Ministry of Agriculture and Rural Development shall develop the Framework Program and organize training, instruction, and upgrading of fishing vessel observers; establish and implement the annual or phased Observer Program on Fishing Vessels according to management requirements or market import demands. The Observer Program includes basic contents such as objectives, implementation details (fishing activities to be monitored, number of voyages, areas of operation), submitted products, and implementation costs."

23. Amend and supplement Article 46 as follows:

"Article 46. Conditions for fishing vessels operating in marine fisheries outside Vietnam's Exclusive Economic Zone

1. Point b Clause 1 Article 53 of the Fisheries Law is detailed as follows:

a) Fishing vessels with a maximum length of 15 meters or more must be equipped with automatic voyage monitoring equipment that transmits information and data through satellite systems, not included in the list of fishing vessels violating illegal fishing practices;

b) Fishing vessels must be equipped and installed with communication and navigation equipment on board including: Very High Frequency (VHF) radio telephone with selective calling and direct printing terminal (DSC) on channel 70 or 16; medium frequency/high frequency (MF/HF) radio telephones; automatic maritime information and weather broadcast receiver (NAVTEX), emergency position indicating radio beacon (EPIRB).

2. Point d Clause 1 Article 53 of the Fisheries Law is detailed as follows:

a) To have an International Maritime Organization (IMO) code number as required in cases where fishing vessels operate in areas under the jurisdiction of regional fishery management organizations or in the waters of another country or territory that requires such identification;

b) To have an observer as required by regional fishery management organizations or coastal states;

c) Crew members and workers on fishing vessels must hold a Certificate of Completion of Training in International Fisheries Management issued by the State Management Authority for Fisheries under the Ministry of Agriculture and Rural Development for cases where a permit is granted to operate in areas managed by regional fishery management organizations."

24. Amend and supplement Clause 4 of Article 48 as follows:

"4. The procedure is as follows:

a) Organizations and individuals requiring issuance, reissuance, or extension of a Permit to Operate in Vietnam's Exclusive Economic Zone submit the application to the State Management Authority for Fisheries under the Ministry of Agriculture and Rural Development;

b) After receiving complete and valid applications, the State Management Authority for Fisheries under the Ministry of Agriculture and Rural Development forwards the application to the Ministry of Agriculture and Rural Development for comments from the Ministry of Public Security and the Ministry of National Defense regarding the list of crew members and workers on the vessel. Within ten working days from the date of receipt of the request for comments, the Ministry of Public Security and the Ministry of National Defense must provide written responses. Within five working days from the date of receipt of the comments from the Ministry of Public Security and the Ministry of National Defense, the State Management Authority for Fisheries under the Ministry of Agriculture and Rural Development will consider issuing, reissuing, or extending the Permit to Operate Foreign Fishing Vessels in Vietnam's Exclusive Economic Zone according to Model 15.KT Appendix IV promulgated together with this Decree;

c) Within five working days from the date of receipt of complete applications, the State Management Authority for Fisheries under the Ministry of Agriculture and Rural Development will issue an extension of the Permit to Operate Foreign Fishing Vessels in Vietnam's Exclusive Economic Zone according to Model 16.KT Appendix IV promulgated together with this Decree;

d) After issuing, reissuing, or extending the Fishing Operation Permit for foreign vessels in Vietnam's territorial waters, the Ministry of Agriculture and Rural Development shall notify the People's Committee of the province where the vessel is to fish in Vietnam's territorial waters and the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs so that they may coordinate in monitoring and managing;

đ) In cases where the permit is not issued, reissued, or extended, a written response must be provided, clearly stating the reasons.

25. Amend and supplement Article 49 as follows:

"Article 49. Regulations on foreign vessels entering fishing ports, leaving fishing ports, or anchoring within the waters of fishing ports

1. Foreign vessels when entering, leaving fishing ports, or anchoring within the waters of Vietnamese fishing ports must fly the Vietnamese national flag at the highest mast of the vessel and the flag of the country under which the vessel is registered at a lower mast.

2. Comply with declaration requirements and submit to inspection, examination, and control by competent forces in accordance with the provisions of the law."

26. Amend and supplement Clause 3 of Article 51, Clause 3 of Article 52, and Clause 3 of Article 53 as follows:

"3. Establish and implement a quality management system; have technological processes in accordance with national technical regulations on classification and construction of fishing vessels."

27. Amend and supplement Clause 3 of Article 54 as follows:

"3. Procedures and formalities for maintaining, issuing, and reissuing Certificates of Eligibility:

a) Organizations and individuals submit applications to the provincial fisheries management agency where the new construction or modification of fishing vessels takes place;

b) Within seven working days from the date of receiving complete applications, the provincial fisheries management agency shall organize inspections and evaluations of the facility conditions according to Model No. 03A.TC in Appendix V promulgated together with this Decree; if the inspection and evaluation at the facility do not meet the requirements, the facility must take corrective actions; after taking corrective actions, the facility must notify the provincial fisheries management agency in writing to organize inspections of the corrected items (if necessary);

c) If the application and facility conditions meet the requirements, within three working days from the end of the inspection and evaluation, the provincial fisheries management agency shall issue a Certificate of Eligibility for New Construction and Modification of Fishing Vessels according to Model No. 04.TC in Appendix V promulgated together with this Decree; if the certificate is not issued, a written response must be provided with clear reasons stated;

d) The period for maintaining the conditions of facilities for new construction and modification of fishing vessels is twelve months. For facilities that have been certified by conformity assessment organizations in accordance with the law, the maintenance period is twenty-four months. The provincial fisheries management agency shall notify the facility of the maintenance period five working days before the inspection; the content of the maintenance inspection of facilities for new construction and modification of fishing vessels is according to Model No. 03A.TC in Appendix V promulgated together with this Decree. Five working days after the completion of the inspection, the inspection agency shall notify the inspected facility of the results and the maintenance period."

28. Supplement Article 54a following Article 54 as follows:

"Article 54a. Training and Refresher Training Facilities for Fishing Vessel Crew Members

1. Conditions for training and refresher training facilities for fishing vessel crew members

a) Be a facility with training and refresher training functions established in accordance with the law;

b) Have physical infrastructure, equipment, and teaching staff meeting the requirements specified in Appendix XII promulgated together with this Decree;

c) Have training and refresher training programs and textbooks in accordance with the regulations; establish and maintain the implementation of a quality management system in accordance with ISO 9001 standards or equivalent standards.

2. Rights and Obligations of Training and Refresher Training Facilities for Fishing Vessel Crew Members:

a) Charge training and refresher training fees in accordance with the regulations;

b) Submit a written notification according to Model No. 04A.TC promulgated together with this Decree to the fisheries management agency under the Ministry of Agriculture and Rural Development at least thirty days before participating in training and refresher training activities for fishing vessel crew members;

c) Ensure physical infrastructure, equipment, and teaching staff meeting the requirements;

d) Conduct training and refresher training for fishing vessel crew members according to the framework program issued by the Ministry of Agriculture and Rural Development."

29. Amend and supplement Article 56 as follows:

"Article 56. Conditions for Classification Facilities for Fishing Vessels

1. For Type I classification facilities for fishing vessels:

a) Be established by the competent authority with the right to decide establishment (in the case of public service classification facilities) or established in accordance with the Law on Enterprises and the Law on Cooperatives; classification facilities for fishing vessels must be independent in terms of legal status and finance from organizations and individuals engaged in fishing vessel business, new construction, modification, design, and construction of fishing vessels;

b) Have physical infrastructure and technical equipment meeting the requirements: Have data input and storage devices; have devices connected to networks and transmitting data with relevant agencies regarding the classification activities of the facility; have tools and equipment serving technical inspections according to Appendix VII promulgated together with this Decree;

c) Have labor contracts with classification officers with a bachelor's degree or higher in related technical fields such as ship hulls, ship engines, electricity, marine resource exploitation, refrigeration, or seafood processing, for a term of twelve months or more or indefinite-term contracts in accordance with the law; during the contract period with the classification facility, classification officers cannot enter into labor contracts with other employers for a term of three months or more; among them, there must be at least one Class I classification officer and two Class II classification officers;

d) Establish and maintain the implementation of a quality management system in accordance with ISO 9001 standards or equivalent standards.

2. For Type II classification facilities for fishing vessels:

a) Meet the conditions stipulated in points a, b, and d of Clause 1 of this Article;

b) Have a fixed-term labor contract of 12 months or more or an indefinite-term labor contract with a marine surveyor who has a bachelor's degree or higher in related technical fields such as ship hull, ship machinery, electricity, fisheries exploitation, refrigeration, or seafood processing; during the period of performing the contract with the survey organization, the marine surveyor does not enter into a labor contract of three months or more with another employer; among which, there must be at least two Class II marine surveyors.

3. For marine survey organizations for fishing vessels type III:

a) Meet the conditions stipulated in point a and b of Clause 1 of this Article;

b) Have a fixed-term labor contract of 12 months or more or an indefinite-term labor contract with a marine surveyor who has an associate degree or higher in related technical fields such as ship hull, ship machinery, or fisheries exploitation; during the period of performing the contract with the survey organization, the marine surveyor does not enter into a labor contract of three months or more with another employer; among which, there must be at least one Class II marine surveyor;

c) Establish and maintain the application of a quality management system according to ISO 9001 standard or equivalent; or have a technical inspection and supervision process for fishing vessels that comply with the national technical regulation on classification and construction of fishing vessels.”

30. Amend and supplement Clause 2, Clause 3, and add Clause 4 and Clause 5 of Article 57 as follows:

“2. Individuals and organizations shall approach the provincial state management agency for fisheries.

3. Within three working days from the date of receiving complete files, based on the quota of Fishing Permits and specific criteria of the locality, the provincial state management agency for fisheries shall review the files, consider issuing an approval document according to Model No. 06.TC Appendix V promulgated together with this Decree. In case of not issuing an approval document, it must reply in writing and specify the reasons.

4. In cases where an approval document for purchasing fishing vessels from other provinces or centrally-administered municipalities is issued, there must be a written notification regarding the transfer of the quota of Fishing Permits for offshore waters from the Department of Agriculture and Rural Development of the place where the organization or individual selling the vessel is located, and according to the specific criteria of the locality.

5. Within thirty days from the completion of the purchase, lease, import, gift, inheritance, or auction transaction documents for fishing vessels, individuals and organizations shall approach the competent authority to register the fishing vessel and handle the registration procedures according to regulations.”

31. Amend and supplement Clause 2 and point b of Clause 3 of Article 58 as follows:

“2. The files specified in points b, c, d, and đ of Clause 1 of this Article must be translated into Vietnamese. For the files specified in point d of Clause 1 of this Article, they must be legalized by consular certification according to regulations.”

“b) Within fifteen days from the date of receiving complete files, the fisheries management agency under the Ministry of Agriculture and Rural Development shall check and compare with the current list of illegal fishing vessels of the United Nations Food and Agriculture Organization (FAO) and regional fisheries management organizations, verify the legality of the Vessel Registration Certificate with the flag State to confirm the origin of the fishing vessel (for second-hand vessels), a full list of previous flag States and the name of the vessel, the area and species fished in the two years prior (together with copies of relevant fishing permits) and confirmation from the previous flag State that the vessel was not deregistered due to previous illegal fishing activities, consider issuing a permit to the organization or individual according to Model No. 08.TC Appendix V promulgated together with this Decree. If the import is not allowed, it must reply in writing and specify the reasons;”

32. Amend and supplement Article 61 as follows:

“Article 61. Content, procedure, and formalities for announcing the opening, closing, and designation of fishing ports

1. Documents for announcing the opening of a fishing port:

a) A request for announcing the opening of a fishing port according to Model No. 09.TC Appendix V promulgated together with this Decree;

b) A document establishing the fishing port management organization;

c) A document demonstrating the right to use the land and water areas of the port;

d) An acceptance report for the use of the fishing port construction project (applicable to ports completed after the effective date of this Decree);

đ) Notification of the channel and water area before the wharf of the port (excluding fishing ports type 3).

2. Procedure and formalities for announcing the opening of a fishing port:

a) The fishing port management organization shall submit one set of documents as prescribed in Clause 1 of this Article to the competent authority responsible for announcing the opening of the fishing port as stipulated in Clause 3 of Article 79 of the Fisheries Law;

b) Within six working days from the date of receiving complete files, the competent authority shall examine the files; conduct a field survey at the fishing port (if necessary); decide to announce the opening of the fishing port according to Model No. 10.TC Appendix V promulgated together with this Decree when all conditions are met according to regulations. In case of not announcing the opening of the fishing port, it must reply in writing and specify the reasons;

c) Within two days from the date of issuance of the Decision to announce the opening of the fishing port, the competent authority shall notify through mass media.

3. Announcing the closure of a fishing port:

a) The competent authority responsible for announcing the closure of a fishing port is the authority that announced its opening. The decision to close the fishing port falls within one of the cases stipulated in Clause 2 of Article 79 of the Fisheries Law; simultaneously, revoke the Decision to announce the opening of the fishing port already issued;

b) The Decision to announce the closure of the fishing port according to Model No. 11.TC Appendix V promulgated together with this Decree.

4. Designated fishing ports for fishing vessels operating in offshore waters and beyond to dock:

a) Designated fishing ports for fishing vessels operating in offshore waters and beyond to dock must meet the following requirements: Already officially opened according to the law; having sufficient depth of the channel and water area before the wharf to ensure fishing vessels operating in offshore waters can dock; having resources to implement control over fishing vessels docking, departing, monitoring the offloading of fishery products, and illegal fishing activities.”

b) The Department of Agriculture and Rural Development of the province or centrally governed city shall be responsible for reviewing (conducting on-site surveys if necessary) proposals for designated fishing ports for fishing vessels operating in offshore areas to dock according to Model No. 11A.TC Appendix V promulgated together with this Decree and report to the State Management Agency under the Ministry of Agriculture and Rural Development for consolidation and submission to the Ministry of Agriculture and Rural Development for publication. The list of designated fishing ports for fishing vessels operating in offshore areas to dock will be published on the website of the State Management Agency under the Ministry of Agriculture and Rural Development.

5. Designated fishing ports confirm the origin of raw aquatic products from fishing:

a) A designated fishing port shall implement confirmation of the origin of raw aquatic products from fishing when meeting the following conditions: It has been announced as open for business in accordance with the provisions of the law; it has resources (at least two people with expertise in aquatic products and a computer system accessing the database on aquatic products) capable of controlling fishing vessels docking and departing from the port, monitoring the volume of aquatic products loaded and unloaded at the port, and supervising fishing vessels engaged in illegal fishing, failing to report, and not complying with regulations; if a designated fishing port violates the regulations on confirming the origin of aquatic products from fishing or no longer meets the above conditions, it will be removed from the list of designated fishing ports.

b) The Department of Agriculture and Rural Development of the province or centrally governed city shall be responsible for reviewing (conducting on-site surveys if necessary) and proposing fishing ports that meet the conditions for confirming the origin of raw aquatic products from fishing to the State Management Agency under the Ministry of Agriculture and Rural Development for consolidation and submission to the Ministry of Agriculture and Rural Development for publication. The list of fishing ports that meet the conditions for confirming the origin of raw aquatic products from fishing will be published on the website of the State Management Agency under the Ministry of Agriculture and Rural Development.

6. Designated fishing ports for foreign fishing vessels to dock:

a) A designated fishing port for foreign fishing vessels to dock must meet the following requirements: It has been announced as open for business in accordance with the provisions of the law; it has sufficient depth in the channel and harbor area to ensure that foreign fishing vessels can dock; it has a convenient location for the supervision of competent authorities overseeing the departure, arrival, and export and import of aquatic products.

b) The Department of Agriculture and Rural Development of the province or centrally governed city shall be responsible for reviewing (conducting on-site inspections if necessary) designated fishing ports for foreign fishing vessels to dock according to Model No. 11B.TC Appendix V promulgated together with this Decree and report to the State Management Agency under the Ministry of Agriculture and Rural Development for consolidation and submission to the Ministry of Agriculture and Rural Development for publication. The list of designated fishing ports for foreign fishing vessels to dock will be published on the website of the State Management Agency under the Ministry of Agriculture and Rural Development and sent to relevant organizations and individuals for management and supervision.

7. The Department of Agriculture and Rural Development of the province or centrally governed city shall be responsible for managing, directing, inspecting, and guiding uniformly the specialized operations of port management organizations within their jurisdiction regarding professional matters, supervision of fishing vessels, aquatic product yields, goods loaded and unloaded at the port; inspecting and handling administrative violations at fishing ports in accordance with the law; guiding port management organizations to collect fishing logs, reporting fishing activities, and entering fishing log data into the national fishing vessel database software as prescribed.”

33. Amend and supplement Article 66 as follows:

“Article 66. Purchase, sale, storage, processing, transportation of aquatic species or aquatic products listed in the Catalogue of Aquatic Species in Danger of Extinction, Precious, and Rare

1. Organizations and individuals engaged in the processing and manufacturing of aquatic species listed in the Catalogue of Aquatic Species in Danger of Extinction, Precious, and Rare must meet the following requirements:

a) The specimens of aquatic species in danger of extinction, precious, and rare must have a legal source in accordance with the provisions of the law;

b) Maintain a record of the processing and manufacturing activities of aquatic species in danger of extinction, precious, and rare and their products for inspection and management purposes when required by competent authorities;

c) Finished products sold on the market must be labeled in accordance with the provisions of the law on product labeling;

d) Comply with the provisions of Articles 96 and 97 of the Fisheries Law.

2. Aquatic species or aquatic products listed in the Catalogue of Aquatic Species in Danger of Extinction, Precious, and Rare may be purchased, sold, stored, and transported when they meet the requirements set out in points a, c, and d of Clause 1 of this Article.”

34. Amend and supplement Article 70 as follows:

“Article 70. Control of Foreign Fishing Vessels Engaging in Fishing, Transporting, Transshipment of Aquatic Products Originating from Fishing Docking at Vietnamese Ports

1. Authority to Announce and Remove from the List of Designated Ports:

a) The Ministry of Agriculture and Rural Development, in collaboration with the Ministry of Transport, shall designate and announce the list of seaports for foreign fishing vessels engaging in fishing, transporting, transshipping aquatic products originating from fishing to dock in Vietnam to carry out importation, temporary importation, re-exportation, transshipment, and transit through Vietnamese territory and notify the list of designated ports to the Food and Agriculture Organization of the United Nations;

b) The Ministry of Agriculture and Rural Development, in collaboration with the Ministry of Transport, shall remove from the list of designated ports for foreign fishing vessels engaging in fishing, transporting, transshipping aquatic products originating from fishing to dock in Vietnam to carry out importation, temporary importation, re-exportation, transshipment, and transit through Vietnamese territory in cases where the port fails to fulfill its responsibilities as a designated port in accordance with the Agreement on National Port Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing of the Food and Agriculture Organization of the United Nations.

2. Objects of Control:

Fishing support vessels providing manpower, fuel, fishing gear, and other equipment from foreign countries that dock at ports to use port services; foreign vessels exploiting, transporting, transshipping seafood products originating from exploitation activities that dock at ports to carry out importation, temporary importation for re-export, transshipment, transit through the territory of Vietnam.

3. Notification before docking:

Organizations and individuals with foreign vessels as specified in Clause 2 of Article 70 must notify the competent authority of the Ministry of Agriculture and Rural Development 72 hours prior to docking using Form No. 17.KT Appendix IV issued together with this Decree, accompanied by copies of the documents specified in Point b Clause 5, submitted via one of the following methods: direct submission, postal service, or electronic environment (national single window mechanism, online public service, electronic software, email, fax), in English or Vietnamese (if the original document is not in English, it must be certified or authenticated into English according to regulations).

4. Inspection to decide on allowing docking or refusing docking:

Within 72 hours from receiving the request to enter the port, the competent authority of the Ministry of Agriculture and Rural Development will inspect and verify information about the vessel listed in the list of illegal fishing vessels or whether the seafood products of fishing vessels and seafood on board belong to the CITES list to decide:

a) Permitting the vessel to dock and notifying the shipowner or their legal representative, maritime port authority if there is no violation of fishing regulations or illegal fishing support without reporting and in accordance with regulations set forth in Form No. 17A.KT Appendix IV issued together with this Decree;

b) Refusing the vessel to dock and notifying the relevant authorities at the port, simultaneously sending notification to the flag state of the vessel, coastal states concerned, regional fisheries management organizations, and related organizations if any of the following situations are discovered:

The vessel is listed in the list of illegal fishing vessels published by coastal states, regional fisheries management organizations, and related international organizations;

There is a request from coastal states, regional fisheries management organizations, and related international organizations.

5. On-board inspection when the vessel docks:

a) Principles of inspection: Ensuring fairness, transparency, non-discrimination, and not causing inconvenience during the inspection process; not affecting the quality of seafood on board. Inspectors must have expertise and knowledge of fisheries laws; not interfering with the captain's ability to communicate with the competent authorities of the flag state based on international law; if necessary, representatives of the flag state and international experts may be invited to participate in the inspection;

b) Documents to be provided to inspectors: Fishing vessel registration certificate; Fisheries exploitation permit; Transshipment permit, transshipment reports, and information of vessels involved in transshipment (fishing permit, transshipment permit, registration certificate, captain's declaration); cargo hold layout diagram; copy of import permits for species listed in the CITES list (if there are species listed in the CITES list); other related documents as specified in Form No. 17.KT Appendix IV issued together with this Decree.

6. Content of on-board inspection when the vessel docks:

a) Verifying the accuracy of the information declared in Form No. 17.KT Appendix IV issued together with this Decree against the records stored on board;

b) Verifying the quantity and species composition of seafood, seafood products, fishing gear, and related equipment on board against the declared content in Form No. 17.KT Appendix IV issued together with this Decree;

c) Conducting a comparison of actual loading and unloading quantities at the port with the declared quantities to finalize the Record in Form No. 18.KT Appendix IV issued together with this Decree.

7. Procedure for on-board inspection when the vessel docks:

a) Inspectors present identification documents indicating official status to the captain;

b) Conducting inspections according to the contents stipulated in Clause 6 of this Article and the information in Form No. 17.KT Appendix IV issued together with this Decree;

c) The captain must provide declared information and present the documents specified in Point b Clause 5 of this Article and related documents concerning the inspection content and declared information before docking;

d) Preparing the inspection record in Form No. 18.KT Appendix IV issued together with this Decree;

đ) Notifying and handling the inspection results according to the provisions of Clause 8 of this Article.

8. Notification and handling of on-board inspection results when the vessel docks:

a) The competent authority of the Ministry of Agriculture and Rural Development refuses to allow the vessel to dock, seafood, and seafood products, and requests the competent authority to forcibly remove the vessel from the territory of Vietnam (except in cases of humanitarian emergency) and notify according to Form No. 17A.KT Appendix IV to the competent authority not to use port services, while also notifying the flag state of the vessel, coastal states, Regional Fisheries Management Organization, Food and Agriculture Organization of the United Nations (FAO), and related international organizations, and the state where the captain of the fishing vessel is a citizen regarding the inspection results and measures taken if any of the following situations are discovered:

Seafood and seafood products imported were exploited by vessels without valid permits or permits that are invalid or have no value according to the regulations of the flag state or the coastal state with jurisdiction;

Seafood and seafood products imported, transported, or transshipped by vessels without valid permits or permits that are invalid or have no value according to the regulations of the flag state or the coastal state with jurisdiction;

Seafood, seafood products imported that were harvested by vessels without a permit or with an invalid or expired permit in the waters under the jurisdiction of the regional fisheries management organization;

Seafood, seafood products imported that were transported or transshipped by vessels without a permit or with an invalid or expired permit in the waters under the jurisdiction of the regional fisheries management organization;

There is evidence that the seafood, seafood products imported on board were harvested in excess of the allowable quota of the coastal state having jurisdiction or of the regional fisheries management organization;

There is evidence that the seafood, seafood products imported on board were harvested in violation of the regulations of the coastal state having jurisdiction or in violation of the management and conservation measures in the waters under the jurisdiction of the regional fisheries management organization, or there is evidence that the vessel engaged in or assisted in illegal, unreported, and unregulated (IUU) fishing as provided for in Article 60 of the Fisheries Law;

Seafood, seafood products imported that were harvested by vessels listed in the IUU list of the flag state of the vessel or of the coastal state having jurisdiction or of the regional fisheries management organization;

b) The inspection report according to Model No. 18.KT Appendix IV issued together with this Decree shall be made in two copies, one copy retained by the ship captain and one copy by the inspection unit;

c) The competent authority of the Ministry of Agriculture and Rural Development:

Withdraws the decision refusing to allow seafood, seafood products to enter the port or requests the maritime port authority not to provide services at the port when sufficient evidence proves that the findings mentioned in point a of this clause are based on incomplete or inaccurate grounds or those grounds are no longer applicable;

Notifies the shipowner or the legal representative of the ship, relevant state management agencies at the port, the flag state of the ship, the coastal state, the regional fisheries management organization, the Food and Agriculture Organization of the United Nations, and related international organizations, and the state where the master of the fishing vessel is a citizen about this decision;

9. In case of receiving a request from the flag state, the coastal state, the regional fisheries management organization, or related international organizations regarding the importation of seafood, seafood products that violate IUU fishing after clearance, the competent authority for administrative penalties in the field of fisheries shall handle it in accordance with the provisions;

10. Standards, rights of inspectors:

a) Standards:

Are civil servants or officials working at the competent authority under the Ministry of Agriculture and Rural Development assigned the task of inspecting foreign vessels engaged in fishing, vessels transporting seafood, and seafood products originating from fishing activities entering Vietnamese ports; they have expertise and knowledge of fisheries laws; possess inspection skills and understand the requirements of the Agreement on Port State Measures;

b) Rights of inspectors:

Request the ship captain, crew members, consignees, and marine agents to provide required documents;

Collect documents and evidence related to the vessel, seafood, and seafood products on board to serve inspection purposes;

Board the vessel and inspect areas on board related to the information to be inspected; access the vessel monitoring system (VMS) and Automatic Identification System (AIS) (if available), fishing gear, cargo hold layout diagrams, and other related equipment on board;

Participate in training courses, refresher courses, and seminars on implementing the Agreement on Port State Measures;

Exchange information with the National Contact Point of the flag state and other countries, regional fisheries management organizations, and related international organizations to verify information about the vessel, seafood, and seafood products on board;

Propose to the National Contact Point to invite representatives of the flag state and international experts to participate in inspections if necessary; propose the establishment of a multi-agency inspection team or the use of interpreters (if necessary);

Require the suspension of loading/unloading operations or request the port management authority to stop providing port services;

11. Responsibilities of inspectors: Ensure that inspections are conducted in accordance with the principles set forth in point a of Clause 5 of this Article;

35. Supplement Article 70a after Article 70 as follows:

70a. Control of seafood, seafood products originating from fishing transported by container vessels imported into Vietnam

1. At least 48 hours before the shipment arrives at the port, the organization or individual importing seafood, seafood products originating from fishing into Vietnam by container vessels must declare and submit documents to the competent authority of the Ministry of Agriculture and Rural Development for verification and confirmation of the legality of the imported seafood raw materials and to facilitate inspection and supervision through one of the following methods: direct submission, postal service, or electronic environment (national single window mechanism, online public service, software, email, fax). The declaration documents include:

a) Information about the shipment according to Model No. 17B.KT Appendix IV issued together with this Decree;

b) A copy of the Bill of Lading for imported seafood, seafood products originating from fishing;

c) A certificate of origin of seafood from fishing issued by the competent authority of the exporting country for the shipment or a document confirming or certifying the origin of seafood from fishing issued by the competent authority of the exporting country for the shipment;

d) In cases where there is no document as stipulated in point c of this clause, submit a copy of the fishing permit of the vessel that harvested the seafood. Specifically for shipments of swordfish (Xiphias gladius) and for species subject to inspection under the Annual Plan for Inspection and Control of Fisheries Products Originating from Imported Fishing, Temporary Importation for Re-export, Transshipment, and Transit through Vietnam's Territory by Container Ships issued by the Ministry of Agriculture and Rural Development, the shipper shall submit a copy of the Fishing Permit of the fishing vessel and the Captain’s Statement of the fishing vessel. The Captain’s Statement shall include information about the fishing vessel concerning imported fisheries products, including: vessel name, vessel registration number (IMO/international call sign/external marking/RFMO registration number if applicable), flag state, fishing permit number, type of fishing gear, time and area of fishing; date and first port of arrival, confirming that the fisheries products were harvested in compliance with current laws, management measures, and conservation practices. The Captain’s Statement must be signed by the captain of the fishing vessel.

2. The competent authority of the Ministry of Agriculture and Rural Development shall perform the following tasks:

a) Compile information reported by organizations and individuals for post-import inspection and supervision related to the prohibition of illegal, unreported, and unregulated fishing for containerized fisheries products originating from imported fishing, temporary importation for re-export, transshipment, and transit through Vietnam's territory by container ships which are not subject to inspection under the Annual Plan for Inspection and Control of Fisheries Products Originating from Imported Fishing, Temporary Importation for Re-export, Transshipment, and Transit through Vietnam's Territory by Container Ships issued by the Ministry of Agriculture and Rural Development.

b) Conduct an assessment of declaration forms to confirm that the origin of imported fisheries products does not violate regulations on illegal fishing for each consignment of swordfish and other species subject to inspection under the Annual Plan for Inspection and Control of Fisheries Products Originating from Imported Fishing, Temporary Importation for Re-export, Transshipment, and Transit through Vietnam's Territory by Container Ships issued by the Ministry of Agriculture and Rural Development annually. (Xiphias gladius) and for species subject to inspection under the Annual Plan for Inspection and Control of Fisheries Products Originating from Imported Fishing, Temporary Importation for Re-export, Transshipment, and Transit through Vietnam's Territory by Container Ships issued by the Ministry of Agriculture and Rural Development annually. The assessment includes: verifying the legality and validity of the information and declaration forms submitted by the consignee according to Clause 1 of this Article; comparing with the catch limits for each country, fishing areas, and permitted species.

In case the declaration information and forms meet the requirements, the competent authority of the Ministry of Agriculture and Rural Development shall issue a notification to the consignee within a maximum period of 48 hours from the time of receiving all valid declaration forms, and simultaneously send it to the customs authority at the port of entry to coordinate in completing the import clearance procedures according to Form No. 17C.KT Appendix IV promulgated together with this Decree.

In case there are indications that the imported consignment of fisheries products was harvested, transshipped illegally, without reporting, or in violation of regulations based on the declaration information and forms upon importation, the competent authority of the Ministry of Agriculture and Rural Development shall notify the consignee and dispatch inspectors who meet the requirements specified in Clause 10, Article 70 to cooperate with the customs authority at the port of entry to conduct an actual inspection of the fisheries products on the container and complete the inspection report according to Form No. 17D.KT Appendix IV promulgated together with this Decree. If the species composition cannot be determined, samples shall be taken for testing.

Handling the results of the inspection:

In case the actual inspection results reveal that the imported consignment was harvested by a vessel listed in the IUU fishing list of the flag state or coastal state having jurisdiction or regional fisheries management organization; or harvested, transported, or transshipped by a vessel without a valid permit or with an invalid permit according to the regulations of the flag state or coastal state having jurisdiction; or harvested, transported, or transshipped by a vessel without a valid permit or with an invalid permit in the waters under the jurisdiction of the regional fisheries management organization; or evidence shows that the fisheries products on board were harvested beyond the quota of the coastal state or regional fisheries management organization; or evidence shows that the fisheries products on board were harvested in violation of the regulations of the coastal state having jurisdiction or in violation of management and conservation measures in the waters under the jurisdiction of the regional fisheries management organization; or evidence confirms that the vessel engaged in or assisted in illegal fishing as stipulated in Article 60 of the Fisheries Law, the competent authority shall notify the consignee and simultaneously inform the customs authority at the port of entry to handle the consignment according to the provisions of the law using Form No. 17C.KT Appendix IV promulgated together with this Decree.

In case the actual inspection results meet the requirements, the competent authority shall notify the consignee and customs authority to proceed with the import clearance procedures according to the regulations.

3. In cases where the flag state, coastal state, regional fisheries management organizations, and relevant international organizations request information regarding fisheries products originating from illegal, unreported, and unregulated fishing:

a) For goods that have not yet entered the port: The competent authority of the Ministry of Agriculture and Rural Development shall coordinate with relevant agencies to prevent the unloading of goods.

b) For goods that have been unloaded and are under customs supervision: The competent authority of the Ministry of Agriculture and Rural Development shall coordinate with relevant agencies to inform the importer of the required actions and compel the re-export of the consignment.

c) For goods that have already cleared customs: Proceed according to the regulations on administrative penalties in the field of fisheries.

4. In the case of receiving information from flag states, coastal states, regional fisheries management organizations, and international organizations indicating that a shipment of fishery products may be in violation of illegal, unreported, and unregulated fishing, or upon review of collected information, it is found to have signs of such violations:

a) If the goods have not entered the port or have entered but not yet cleared customs: The competent authority of the Ministry of Agriculture and Rural Development shall cooperate with relevant agencies to conduct inspections and checks in accordance with point b, Clause 2, Article 4 of this Decree. If no violations are discovered, the inspection results shall be sent to the consignee to complete the clearance procedures. If violations are detected, the shipment must be re-exported and handled according to regulations;

b) If the goods have already been cleared: The competent authority of the Ministry of Agriculture and Rural Development shall cooperate with relevant agencies to conduct inspections and checks. If violations are detected, they shall be handled according to administrative penalty regulations in the field of fisheries;

5. Implement post-import inspection and audit results related to the prohibition of illegal, unreported, and unregulated fishing for containers of imported fishery products that are species not included in the annual Inspection and Control Plan for imported fishery products, temporary imports, re-exports, transshipments, and transit through Vietnam's territory by container ships issued by the Ministry of Agriculture and Rural Development, in accordance with point b, Clause 2, Article 4 of this Decree. The inspection report shall be prepared using Form No. 17D.KT in Appendix IV accompanying this Decree;

6. Annually, based on actual conditions, the competent authority of the Ministry of Agriculture and Rural Development shall develop and implement the Inspection and Control Plan for imported fishery products, temporary imports, re-exports, transshipments, and transit through Vietnam's territory by container ships;

36. Supplement Article 70b as follows:

"Article 70b. Responsibilities of Relevant Agencies and Organizations

1. Competent authorities under the Ministry of Agriculture and Rural Development:

a) Lead and coordinate with relevant forces at ports to control fishery products of imported origin;

b) Lead in establishing mechanisms for exchanging information with coastal states regarding quotas for imported species allowed into Vietnam;

c) Supervise the sorting process at storage facilities for tuna species caught, transported, and transshipped by foreign vessels as stipulated in Article 70 of this Decree; take samples for testing if there are suspicious signs or upon request; select enterprises for supervision based on practical needs or randomly for management purposes;

d) Develop random inspection measures at import factories to ensure that the declared quantity and type match the quotas issued by coastal states or regional fisheries management organizations;

2. Port operating enterprises:

a) Arrange manpower, work locations, equipment, and facilities for state authorities to carry out their duties as prescribed;

b) Submit reports to the competent authority of the Ministry of Agriculture and Rural Development on actual port discharge volumes accompanied by detailed information on the number of trucks, customer names, weighing dates, truck and cargo weights, tare weight, cargo weight, and container numbers immediately after discharge completion;

3. Maritime Port Authorities shall dispatch personnel to participate in on-board inspections when requested by the competent authority under the Ministry of Agriculture and Rural Development;

4. Ship captains, ship owners, consignees, and seafood import enterprises must comply with inspection, control, and information provision requirements as stipulated by law; consignees must provide relevant documents to facilitate inspection and chain management;

5. Organizations and individuals must comply with legal provisions to inspect and control foreign vessels, fishery products, and seafood products of imported origin entering the port for importation, temporary importation, re-exportation, transshipment, and transit through Vietnam's territory;

6. Seafood import enterprises:

a) Shall report to the competent authority of the Ministry of Agriculture and Rural Development on actual import quantities and species composition after sorting, compared to declared contents using Form No. 17.KT in Appendix IV accompanying this Decree and a copy of the customs declaration within sixty days from the start of discharge at the port;

b) Provide documentation based on the declared information in Form No. 17B in Appendix IV to the competent authority of the Ministry of Agriculture and Rural Development for inspection and audit as stipulated in Clause 2, Article 70a upon request;

c) Shall not mix imported fishery raw materials with domestically sourced fishery raw materials in the same export shipment;

d) Facilitate the competent authority of the Ministry of Agriculture and Rural Development during the supervision of sorting processes at storage facilities;

7. Departments of Agriculture and Rural Development shall cooperate with the competent authority of the Ministry of Agriculture and Rural Development to implement vessel inspections at ports when required;

37. Amend point c, Clause 1, and supplement points i, k, l, m, and n in Clause 1, Article 71 as follows:

a) Amend point c, Clause 1, Article 71 as follows:

"c) Develop technical guidance documents in the field of fisheries; a set of monitoring and evaluation indicators for co-management in the protection and replenishment of fishery resources;"

b) Supplement points i, k, l, m, and n in Clause 1, Article 71 as follows:

"i) Develop and promulgate technical procedures for handling information on fishing vessels violating the requirement to maintain voyage monitoring device connectivity and exceeding permitted fishing boundaries;"

k) Organize the implementation of public service logistics for fisheries, manage, operate, and maintain fishing ports, anchorage areas for typhoon avoidance for fishing vessels according to the Government's regulations on assigning tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular expenditure.

l) Establish and implement the Program for Fisheries Vessel Observers; allocate funds to implement the Fisheries Vessel Observer Program; build a database on Fisheries Vessel Observers including observer records; carry out international cooperation, exchange observers, share observer data in accordance with the law.

m) Take the lead and coordinate with the Ministry of Finance to organize the implementation of measures to control the origin of aquatic products imported into Vietnam; organize inspections and checks on enterprises engaged in importing aquatic products into Vietnam.

n) Take the lead and coordinate with relevant agencies to develop plans to inspect and control aquatic products and aquatic product imports from fishing activities, temporary imports for re-export, transshipment, and transit through Vietnamese territory by container ships in accordance with international requirements during each period; issue procedures for inspecting and controlling this group of goods (if necessary or at the request of international organizations); develop software to receive information provided by organizations and individuals to implement control and management.

38. Amend and supplement Point b Clause 3 Article 71 as follows:

“b) Direct the General Department of Customs not to clear customs for consignments of illegally harvested aquatic products; coordinate with the competent authority under the Ministry of Agriculture and Rural Development responsible for controlling the origin of imported aquatic products from fishing activities to take measures to control the origin of imported aquatic products from fishing activities by container ships.

On a regular basis before the 25th day of each month, the Ministry of Finance (General Department of Customs) shall provide information and documents about consignments of aquatic products with origins from imported fishing activities entering the Vietnamese territory to the competent authority under the Ministry of Agriculture and Rural Development responsible for controlling the origin of imported aquatic products from fishing activities for monitoring and serving inspection and control activities. The information includes: Import time; number of customs declarations cleared; name of importing enterprise; name of exporting enterprise; exporting country, port of loading, port of discharge, quantity of goods, species composition, commodity code, original value.

39. Amend and supplement Clause 4 Article 71 as follows:

“a) Direct maritime law enforcement forces to inspect and control Vietnamese fishing vessels, foreign fishing vessels leaving and arriving at ports and operating at sea in accordance with the law;

b) Direct border guard forces to inspect aquatic products in coastal border areas and fields under their jurisdiction in accordance with the law; coordinate with specialized agencies at fishing ports to inspect fishing vessels and crew members entering and leaving fishing ports and anchorage areas for typhoon avoidance in accordance with the law;

c) Direct maritime police forces to inspect and handle activities related to fishing, aquaculture, buying and selling, transporting, collecting, and preliminary processing of aquatic products within their jurisdictional areas, sea zones, and fields in accordance with the law;

d) Direct naval, border guard, and maritime police forces to cooperate and support fishery surveillance in enforcing the law at sea in accordance with the law;

đ) Coordinate with the Ministry of Agriculture and Rural Development to manage foreign fishing vessels, crew members, and workers operating in Vietnamese waters and Vietnamese fishing vessels operating in other sea zones.

40. Supplement Point c into Clause 5 Article 71 as follows:

“c) Organize patrol forces to inspect, control, and handle violations of the law in the field of fisheries concerning foreign fishing vessels, crew members, and workers operating on inland waterways, in Vietnamese waters, and other sea zones in accordance with the law.

41. Supplement Clause 8 and Clause 9 into Article 72 as follows:

“8. Regulations on managing recreational fishing activities within the province.

9. Designate agencies or units to conduct inspections and controls of fishing vessels at ports following the announcement of the opening of fishing ports. For fishing ports that have already been announced as open, within thirty days from the date this Decree takes effect, the designation of agencies or units to conduct inspections and controls of fishing vessels at ports must be completed.”

Article 2. Supplement, replace, and abolish certain words, phrases, points, clauses, and articles of Decree No. 26/2019/NĐ-CP dated March 8, 2019 of the Government detailing some provisions and implementing measures of the Fisheries Law.

1. Delete the phrase "joint venture" in Clause 3, Article 12.

2. Abolish Point b, Clause 2, Article 35.

3. Supplement the word "outside" before the phrase "Vietnamese marine waters" in Clause 3, Article 47.

4. Abolish the phrase "under the Fisheries General Department" after the phrase "The Fisheries Surveillance Agency is the agency" in Point a, Clause 1, Article 62.

5. Abolish Point c, Clause 1, Article 64.

6. Abolish Points b, m, o, p, Clause 2 and Clause 3, Article 65.

7. Supplement the phrase "or organization entrusted to manage marine protected areas" after the phrase "Management Board of Marine Protected Areas".

8. Supplement the phrase "or anchorage area for fishing vessels to avoid typhoons" after the phrase "fishery port" in Point a, Clause 1, Article 71.

9. Supplement the phrase "Fishery Vessel Registration Certificate number: ... TS; issued on ... day ... month ... year ..." after the phrase "expires on ... day ... month ... year ..." in Model No. 03.KT Appendix IV.

10. Replace the phrase "Fisheries General Department" with the phrase "State management agency for fisheries under the Ministry of Agriculture and Rural Development".

11. Replace the phrase "Pristisdae" with the phrase "Pristidae" at item number 41 in Appendix IX; replace the phrase "Hippocampus keloggi" with the phrase "Hippocampus kelloggi" at item number 18, and replace the phrase "Weight of 500 grams or more per individual" with the phrase "Originating from aquaculture" at item number 58 in Appendix X.

12. Replace Model No. 01.NT Appendix III with Model No. 01 Appendix I promulgated together with this Decree; replace Model No. 02.NT Appendix III with Model No. 02 Appendix I promulgated together with this Decree; replace Model No. 03.NT Appendix III with Model No. 03 Appendix I promulgated together with this Decree; replace Model No. 04.NT Appendix III with Model No. 04 Appendix I promulgated together with this Decree; replace Model No. 09.NT Appendix III with Model No. 05 Appendix I promulgated together with this Decree; replace Model No. 11.NT Appendix III with Model No. 06 Appendix I promulgated together with this Decree; replace Model No. 12.NT Appendix III with Model No. 07 Appendix I promulgated together with this Decree; replace Model No. 13.NT Appendix III with Model No. 08 Appendix I promulgated together with this Decree; replace Model No. 14.NT Appendix III with Model No. 09 Appendix I promulgated together with this Decree; replace Model No. 15.NT Appendix III with Model No. 10 Appendix I promulgated together with this Decree; replace Model No. 16.NT Appendix III with Model No. 11 Appendix I promulgated together with this Decree; replace Model No. 20.NT Appendix III with Model No. 12 Appendix I promulgated together with this Decree; replace Model No. 24.NT Appendix III with Model No. 13 Appendix I promulgated together with this Decree; replace Model No. 26.NT Appendix III with Model No. 14 Appendix I promulgated together with this Decree; replace Model No. 29.NT Appendix III with Model No. 15 Appendix I promulgated together with this Decree; replace Model No. 31.NT Appendix III with Model No. 17 Appendix I promulgated together with this Decree.

13. Supplement Model No. 30A.NT in Appendix III with Model No. 16 Appendix I promulgated together with this Decree.

14. Replace Model No. 01.KT Appendix IV with Model No. 20 Appendix I promulgated together with this Decree; replace Model No. 02.KT Appendix IV with Model No. 21 Appendix I promulgated together with this Decree; replace Model No. 04.KT Appendix IV with Model No. 22 Appendix I promulgated together with this Decree; replace Model No. 17.KT Appendix IV with Model No. 23 Appendix I promulgated together with this Decree; replace Model No. 18.KT Appendix IV with Model No. 28 Appendix I promulgated together with this Decree; replace Model No. 05.TC Appendix V with Model No. 31 Appendix I promulgated together with this Decree; replace Model No. 06.TC Appendix V with Model No. 32 Appendix I promulgated together with this Decree; replace Model No. 09.TC Appendix V with Model No. 33 Appendix I promulgated together with this Decree; replace Model No. 10.TC Appendix V with Model No. 34 Appendix I promulgated together with this Decree.

15. Supplement Model No. 01A.KT Appendix IV with Model No. 18 Appendix I promulgated together with this Decree; supplement Model No. 01B.KT Appendix IV with Model No. 19 Appendix I promulgated together with this Decree; supplement Model No. 17A.KT Appendix IV with Model No. 24 Appendix I promulgated together with this Decree; supplement Model No. 17B.KT Appendix IV with Model No. 25 Appendix I promulgated together with this Decree; supplement Model No. 17C.KT Appendix IV with Model No. 26 Appendix I promulgated together with this Decree; supplement Model No. 17D.KT Appendix IV with Model No. 27 Appendix I promulgated together with this Decree; supplement Model No. 03A.TC Appendix V with Model No. 29 Appendix I promulgated together with this Decree; supplement Model No. 04A.TC Appendix V with Model No. 30 Appendix I promulgated together with this Decree; supplement Model No. 11A.TC Appendix V with Model No. 35 Appendix I promulgated together with this Decree; supplement Model No. 11B.TC Appendix V with Model No. 36 Appendix I promulgated together with this Decree.

16. Replace Appendix II with Appendix II promulgated together with this Decree; replace Appendix VII with Appendix III promulgated together with this Decree; replace Appendix VIII with Appendix IV promulgated together with this Decree.

17. Supplement "Appendix XI. Minimum size allowed for exploitation of aquatic species living in natural water bodies" with Appendix V promulgated together with this Decree.

18. Supplement "Appendix XII. List of facilities, instructors of training institutions for fishery vessel crew members" with Appendix VI promulgated together with this Decree.

19. Supplement "Appendix XIII. Requirements for voyage monitoring equipment installed on fishing vessels" with Appendix VII promulgated together with this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect from May 19, 2024.

2. Transitional provisions:

a) Aquaculture farms that have been issued a Code Recognition Certificate for Tra Fish Ponds in accordance with the regulations (applicable to aquaculture farms without any changes from the information previously granted) before this Decree takes effect shall not need to go through the registration procedure for key aquaculture species; the provincial competent state management agency on fisheries shall carry out the conversion and issue the Registration Confirmation for Key Aquaculture Species according to Form No. 28.NT Appendix III promulgated together with Decree No. 26/2019/NĐ-CP and send it to the farm. In cases where there are changes to the information previously granted on the Code Recognition Certificate for Tra Fish Ponds, the aquaculture farm must follow the registration procedures for key aquaculture species as stipulated in this Decree.

b) Vietnamese organizations and individuals, foreign investors, and economic organizations with foreign investment capital engaged in marine aquaculture production prior to the effective date of this Decree must obtain permits in accordance with Decree No. 26/2019/NĐ-CP within twelve months from the date this Decree takes effect.

c) Training and upgrading institutions for fishing vessel crew members that were operating before the effective date of this Decree must submit notifications according to Form No. 04A.TC Appendix V promulgated together with Decree No. 26/2019/NĐ-CP to the state management agency under the Ministry of Agriculture and Rural Development within ninety days from the date this Decree takes effect.

d) Various types of licenses, certificates, confirmations, certifications, and approvals in the field of fisheries that were issued before the effective date of this Decree shall remain valid until their expiration date or until they are renewed in accordance with the regulations.

e) For organizations and individuals who submitted administrative procedures before the effective date of this Decree, the administrative procedure handling agencies shall process them in accordance with the current regulations at the time of submission. If the provisions of this Decree provide more favorable conditions for organizations and individuals, then they shall be processed in accordance with the provisions of this Decree.

f) For voyage monitoring devices installed on fishing vessels before the effective date of this Decree, the vessel owners must update and supplement technical features in accordance with the provisions of this Decree by December 31, 2026.