Decision No. 47/2016/QĐ-TTg On piloting a one-time post-investment support mechanism as prescribed in Decree No. 89/2015/NĐ-CP dated October 7, 2015 of the Government amending and supplementing certain articles of Decree No. 67/2014/NĐ-CP dated July 7, 2014 of the Government on some policies for fisheries development.

Pursuant to …;
Regarding the pilot mechanism for one-time post-investment support as prescribed in
Decree No. 89/2015/ND-CP dated October 7, 2015 of the Government
amending and supplementing certain articles of Decree No. 67/2014/ND-CP dated July 7, 2014 of the Government on some policies for developing fisheries
Pursuant to Decree No. 67/2014/ND-CP dated July 7, 2014 of the Government on some policies for developing fisheries;

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on State Budget Management dated December 16, 2002;

Pursuant to the Law on Protection and Development of Forests dated December 3, 2004;

Pursuant to Decree No. 89/2015/ND-CP dated October 7, 2015 of the Government amending and supplementing certain articles of Decree No. 67/2014/ND-CP dated July 7, 2014 of the Government on some policies for developing fisheries;

The Prime Minister promulgates this Decision on the pilot mechanism for one-time post-investment support as prescribed in Decree No. 89/2015/ND-CP dated October 7, 2015 of the Government amending and supplementing certain articles of Decree No. 67/2014/ND-CP dated July 7, 2014 of the Government on some policies for developing fisheries.

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

This Decision stipulates the pilot mechanism for one-time post-investment support (hereinafter referred to as post-investment support) for ship owners ordering new construction and owning distant-water fishing vessels and distant-water fishing service support vessels with main engine power of 800 HP or more.

Article 1. Scope of Regulation

2. Other organizations and individuals related thereto.

Article 2. Applicability

Article 3. Principles of post-investment support

1. Post-investment support shall only be provided for newly constructed vessels that have been completed and are distant-water fishing vessels with steel hulls, composite materials hulls, wooden hulls; distant-water fishing service vessels with steel hulls.

2. New fishing vessels must use new marine engines. For equipment including: marine equipment; equipment for fishing operations; fishing gear; equipment for preserving seafood; equipment for preserving goods; equipment for loading and unloading goods, ship owners shall only be entitled to support for newly purchased equipment and shall not be entitled to support for used equipment.

3. In cases where there are multiple policies supporting the construction of new vessels, newly constructed vessels that have already benefited from the State's policy of supporting the construction of new vessels shall not be eligible for post-investment support under this Decision.

Article 4. Conditions for receiving post-investment support

1. Ship owners as prescribed in Article 2 of this Decision who are currently engaged in profitable fishing activities, have financial capacity, and have specific production plans approved by provincial People's Committees.

2. Ship owners must be members of fishing teams, cooperatives, or enterprises engaged in fishing.

3. Vessels must be equipped with information devices capable of positioning and connecting to shore stations for monitoring and tracking.

4. Distant-water fishing vessels must have certificates of technical safety for fishing vessels, registration certificates for fishing vessels, and permits for fishing issued by competent authorities. Fishing operations must comply with the provisions of Decision No. 1445/QD-TTg dated August 16, 2013 of the Prime Minister on approving the overall planning for the development of fisheries until 2020, with a vision to 2030, which promotes deep-sea gillnetting, deep-sea longlining combined with squid jigging, deep-sea tuna longlining, excluding bottom trawling, fixed gear, gillnetting, seine nets, and some beach seine nets.

5. Distant-water fishing service vessels must have certificates of technical safety for fishing vessels, registration certificates for fishing vessels; regularly register for distant-water fishing service operations with local fishery management agencies at the place of registration or residence, and shall not concurrently engage in fishing operations.

6. Ship owners must sign contracts for new vessel construction within the period from November 25, 2015 (the date Decree No. 89/2015/ND-CP took effect) to December 31, 2016. If ship owners sign contracts for vessel construction before November 25, 2015 or after December 31, 2016, they shall not be entitled to post-investment support.

5. Fishing service support vessels operating far-sea fishing must have a technical safety certificate for fishing vessels and a fishing vessel registration certificate; they must regularly register their far-sea fishing service support activities with the local state management agency for fisheries where they are registered or reside, and shall not concurrently engage in fishing operations.

6. The shipowner shall enter into a new construction contract for a vessel within the period from November 25, 2015 (the date Decree No. 89/2015/NĐ-CP takes effect) to December 31, 2016. In cases where the shipowner signs a vessel construction contract before November 25, 2015 or after December 31, 2016, they shall not be entitled to post-investment support.

Article 5. Level of support for new ship construction

1. For the construction of new service ships for distant water fisheries, including marine machinery and equipment; seafood preservation machinery and equipment; cargo preservation machinery and equipment; cargo handling equipment:

a) In the case of constructing new steel-hulled ships with main engine power from 800HP to less than 1,000HP: The ship owner shall be supported up to 35% of the total investment value for new ship construction but not exceeding 8 billion VND per ship.

b) In the case of constructing new steel-hulled ships with main engine power of 1,000HP or more: The ship owner shall be supported up to 35% of the total investment value for new ship construction but not exceeding 9.8 billion VND per ship.

2. For the construction of new fishing vessels for distant water fisheries, including marine machinery and equipment; fishing equipment; fishing gear; seafood preservation equipment:

a) In the case of constructing new steel-hulled fishing vessels with main engine power from 800HP to less than 1,000HP: The ship owner shall be supported up to 35% of the total investment value for new fishing vessel construction but not exceeding 6.7 billion VND per fishing vessel.

b) In the case of constructing new steel-hulled fishing vessels with main engine power of 1,000HP or more: The ship owner shall be supported up to 35% of the total investment value for new fishing vessel construction but not exceeding 8 billion VND per fishing vessel.

c) In the case of constructing new composite-hulled fishing vessels with main engine power of 800HP or more: The ship owner shall be supported up to 35% of the total investment value for new fishing vessel construction but not exceeding 6.7 billion VND per fishing vessel.

d) In the case of constructing new wooden-hulled fishing vessels with main engine power of 800HP or more: The ship owner shall be supported up to 15% of the total investment value for new fishing vessel construction but not exceeding 2 billion VND per fishing vessel.

Article 6. Documents for requesting post-investment support

1. The documents for requesting post-investment support from the ship owner include:

a) A request for post-investment support for new ship construction by the ship owner, confirmed by the Chairman of the People's Committee of the commune/district where the ship owner resides regarding the following contents: Legal residence of the ship owner; The ship owner has completed the construction of the new ship (The form according to Appendix I issued together with this Decision).

b) Identity card or Citizen Identification Card of the ship owner.

c) Contract for new ship construction to confirm the ship owner's order for new ship construction.

d) Confirmation document from the shipyard regarding the date when the ship owner signed the new ship construction contract with the shipyard.

đ) Settlement statement from the shipyard regarding the total investment cost for new ship construction (including the cost of purchasing new machinery and equipment: Marine machinery and equipment; fishing equipment; fishing gear; seafood preservation equipment; cargo preservation equipment; cargo handling equipment) accompanied by invoices and payment receipts for new ship construction and new machinery and equipment purchases.

e) Certificate of technical safety for fishing vessels, registration certificate for fishing vessels, and fishing permit issued by the competent authority for distant water fishing vessels; Certificate of technical safety for fishing vessels and registration certificate for fishing vessels for service vessels for distant water fisheries.

2. Ship owners may submit documents for requesting post-investment support directly or through postal services. In the case of submitting documents through postal services, all documents and papers in the application must be original or certified copies. In the case of direct submission, all documents and papers in the application can be original or certified copies or uncertified copies with originals for verification.

3. The deadline for submitting documents for requesting post-investment support stipulated in this Decision is until December 31, 2017. In the case of submitting documents through postal services, the receipt date of the Department of Agriculture and Rural Development will be based on the postmark.

Article 7. Procedures for payment of post-investment support funds

1. Ship owners who are eligible to receive post-investment support policies shall complete and submit the application dossier for post-investment support payment in accordance with Clause 1 of Article 6 of this Decision to the Department of Agriculture and Rural Development where the new fishing vessel has been approved by the provincial People's Committee.

2. Based on the ship owner’s dossier, within two working days from the date of receipt of the ship owner’s dossier, the Department of Agriculture and Rural Development will review and verify the ship owner’s dossier. If the dossier is found to be incomplete or invalid, the Department of Agriculture and Rural Development will issue a notification to the ship owner. Within ten working days from the date of receipt of the complete ship owner’s dossier, the Department of Agriculture and Rural Development will take the lead and coordinate with the Department of Finance to appraise the application dossier for post-investment support payment, the total value of investment in building new fishing vessels, and the amount of support, and report to the provincial People's Committee for approval of the support amount for the ship owner. The appraisal results must be documented and kept at the Department of Agriculture and Rural Development together with the application dossier for post-investment support payment.

3. Based on the appraisal results, the provincial People's Committee will consider and issue a Decision on the support amount for the ship owner within five working days from the date of receipt of the Report proposing the request of the Department of Agriculture and Rural Development.

The Decision on the support amount for the ship owner (hereinafter referred to as the Decision) will be sent to the ship owner named in the Decision and the following agencies: the Department of Agriculture and Rural Development; the Department of Finance; the State Treasury of the province, local fisheries management agency, the State Treasury of the district where the supported ship owner is located, and publicly posted and announced at the office premises.

4. Based on the Decision of the provincial People's Committee, the Department of Finance will issue an expenditure order for the State Treasury within two working days from the date of receipt of the Decision of the provincial People's Committee.

5. Based on the expenditure order of the Department of Finance, the State Treasury will disburse the budget fund, transfer the money into the ship owner's account within two working days, or provide cash to the ship owner within two working days from the date of receipt of the Expenditure Order of the Department of Finance. The district-level State Treasury will publicly announce the schedule for disbursing the support money to the ship owner at the office premises so that the ship owner can come to the State Treasury to process the receipt of support money within two working days from the date of receipt of the Expenditure Order of the Department of Finance.

6. Regarding the procedure for receiving support money at the State Treasury: The ship owner, based on the Decision of the provincial People's Committee and the schedule for disbursing the support money announced by the State Treasury, will go to the district-level State Treasury to process the receipt of support money. To receive the support money, the ship owner must present a valid national identity card or citizen identification card for verification and provide their bank account (if available) for the transfer of support money.

Article 8. Sources of funding for implementation and post-investment support payments

1. The central government budget will fully cover the post-investment support funding for ship owners building new vessels as stipulated in this Decision.

2. The funding source will be from the support for fishermen building distant-water fishing vessels according to Decision No. 1263/QĐ-TTg dated July 28, 2014 of the Prime Minister. In case the support funding for fishermen building distant-water fishing vessels according to Decision No. 1263/QĐ-TTg is exhausted, the funding source will be allocated from the annual central government development investment budget.

3. Post-investment support payments for ship owners will be made through the State Treasury based on complete dossiers, procedures, and confirmations from relevant agencies as guided in this Decision.

Article 9. Budget preparation, allocation, and settlement of funds

The Department of Finance shall coordinate with the Department of Agriculture and Rural Development and the Department of Planning and Investment to determine the funding needs for post-investment support based on the number of newly built vessels eligible for such support and the prescribed support levels, and report to the provincial People's Committee for submission to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance.

The Ministry of Agriculture and Rural Development shall compile the funding requirements of localities and submit them to the Ministry of Planning and Investment, which will coordinate with the Ministry of Finance to aggregate these requirements and report to the Prime Minister for additional central budget funding for localities.

Based on the central government's budgetary support funds, the Department of Finance shall coordinate with the Department of Agriculture and Rural Development and the Department of Planning and Investment to report to the provincial People's Committee for submission to the People's Council to allocate the budget to the Department of Agriculture and Rural Development for implementation.

Post-investment support funds shall be consolidated into the annual budget expenditure settlement of the provincial level according to the State Budget Law, guiding documents of the State Budget Law, and the current State Budget Manual.

Article 10. Reporting System

1. Quarterly and annually, the provincial People's Committee shall be responsible for preparing detailed reports on the situation of post-investment support expenditures for vessel owners in accordance with this Decision and submitting them to the Ministry of Agriculture and Rural Development and the Ministry of Finance (Annex II and Annex III attached to this Decision).

2. The quarterly report must be submitted no later than thirty days after the end of the quarter; the annual report must be submitted no later than sixty days after the end of the year.

Article 11. Implementation Organization

In addition to the responsibilities stipulated in Decree No. 67/2014/ND-CP and Decree No. 89/2015/ND-CP, relevant ministries, sectors, coastal provincial People's Committees, and organizations and individuals within their respective functions and duties shall be responsible for implementing this Decision, specifically:

1. The Ministry of Agriculture and Rural Development:

a) Aggregate the funding requirements of localities and submit them to the Ministry of Planning and Investment and the Ministry of Finance.

b) Take the lead in organizing the implementation of this Decision in conjunction with restructuring production in the fisheries sector to ensure sustainable and effective development.

c) Take the lead and coordinate with the Ministry of Finance, the Ministry of Planning and Investment, related ministries, sectors, and localities to monitor and inspect the implementation of the provisions set forth in this Decision, propose measures to address and resolve arising difficulties, and report to the Prime Minister on matters beyond their authority.

d) Upon completion of the pilot period, take the lead and coordinate with localities and related ministries and sectors to conduct a summary of the program and propose plans for the next phase, reporting to the Prime Minister for consideration and decision.

đ) Direct and guide localities in implementation, conduct periodic mid-term reviews; take the lead and coordinate with relevant ministries and provincial People's Committees to compile annual implementation results of this Decision and report to the Prime Minister.

2. The Ministry of Planning and Investment:

Take the lead and coordinate with the Ministries of Finance and Agriculture and Rural Development to aggregate funding requirements, balance, and allocate investment capital, and submit to the competent authority for decision-making to implement a pilot post-investment support mechanism when the funding for supporting fishermen in building distant-water fishing vessels under Decision No. 1263/QĐ-TTg dated July 28, 2014 of the Prime Minister has been exhausted.

3. Ministry of Finance:

a) Allocate the budget to implement the pilot post-investment support mechanism as provided in this Decision.

b) Take the lead and coordinate with relevant ministries and sectors to handle issues related to the methods, documentation, procedures, and processes of post-investment support.

4. Coastal provincial People's Committees shall be responsible for:

a) Directing and organizing the implementation of the pilot post-investment support mechanism as provided in this Decision at the local level.

b) Assigning the People's Committee of the commune to confirm the lawful residence and the construction of new fishing vessels by the vessel owner in accordance with point a, Clause 1, Article 6 of this Decision.

c) Direct functional units to determine the annual funding needs for post-investment support and submit them to the Ministry of Agriculture and Rural Development for consolidation, balancing, and budget allocation to implement the policy.

d) Monitor and supervise the implementation of the pilot post-investment support mechanism to ensure that support is provided to the correct recipients, in compliance with regulations, and in a transparent manner.

đ) Coordinate with the Ministry of Agriculture and Rural Development to evaluate the results of the pilot post-investment support mechanism as provided in this Decision.

e) Periodically submit quarterly and annual financial reports on the implementation results to the Ministry of Finance and the Ministry of Agriculture and Rural Development.

5. Rights and responsibilities of the vessel owner:

a) Be entitled to enjoy preferential policies of the State as prescribed in this Decision.

b) Independently decide on the selection of fishing vessel models, machinery, equipment, fishing gear, and shipbuilding facilities for the construction of new distant-water fishing vessels and service vessels, where the fishing vessel model must meet technical requirements as specified by the Ministry of Agriculture and Rural Development regarding design models.

c) Comply with legal regulations concerning the implementation of the post-investment support mechanism.

Article 12. Implementation Provisions

This Decision shall take effect from December 15, 2016.

2. Ministers of the Ministries of Agriculture and Rural Development, Finance, Planning and Investment, and other relevant ministries and sectors; Chairmen of coastal provincial People's Committees shall be responsible for implementing this Decision./.