Circular No. 48/2010/TT-BNNPTNT provides detailed regulations on implementing certain provisions of the Government Decree No. 33/2010/NĐ-CP dated March 31, 2010, concerning the management of fishing activities by organizations and individuals of Vietnam in various sea areas.

CIRCULAR

Detailed regulations on implementation of certain provisions of Government Decree No. 33/2010/NĐ-CP dated March 31, 2010 on management of fishing activities of Vietnamese organizations and individuals in various sea areas.

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Government Decree No. 75/2009/NĐ-CP amending Article 3 of Government Decree No. 01/2008/NĐ-CP on functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Government Decree No. 33/2010/NĐ-CP dated March 31, 2010 on management of fishing activities of Vietnamese organizations and individuals in various sea areas (referred to as Government Decree No. 33/2010/NĐ-CP);

The Ministry of Agriculture and Rural Development hereby provides detailed regulations on implementation of certain provisions of Government Decree No. 33/2010/NĐ-CP as follows::

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular specifies detailed implementation of Clause 4, Article 5; Point c, Clause 1, Article 6; Clause 4, Article 8; Clause 5, Article 9 and Clause 6, Article 12 of Government Decree No. 33/2010/NĐ-CP.

2. Applicability: This Circular applies to organizations and individuals of Vietnam related to fishing activities in various sea areas.

Article 2. Detailed regulations on Clause 4, Article 5 regarding marking fishing vessels

1. Marking fishing vessels in the high seas: For fishing vessels with main engine power of 90 CV or more operating in the high seas, two vertical stripes shall be painted at the midpoint of both sides of the cabin, extending the full height of the cabin; each stripe has a width of 20 to 30 cm; the distance between the two stripes is 30 to 40 cm; the color of the stripes is reflective orange-yellow (fishing vessels shall not paint their cabins with the same color as the marking stripes).

For vessels without cabins, two stripes shall be painted on both sides of the vessel aft of the registration number, 30 cm away from the registration number, with a height twice that of the registration number; the width is 20 to 30 cm, the distance between the two stripes is 30 to 40 cm, and the color of the stripes is reflective orange-yellow.

2. Marking fishing vessels in the nearshore waters: For fishing vessels with main engine power from 20 CV to less than 90 CV operating in the nearshore waters, one vertical stripe shall be painted on both sides of the cabin. The stripe has a width of 20 to 30 cm; the height extends the full height of the cabin; the color of the stripe is reflective orange-yellow (fishing vessels shall not paint their cabins with the same color as the marking stripes).

For vessels without cabins, the stripe shall be painted on both sides of the vessel aft of the registration number, 30 cm away from the registration number, with a height twice that of the registration number; the width is 20 to 30 cm, and the color of the stripe is reflective orange-yellow.

3. Fishing vessels with installed engines under 20 CV or without engines do not need to be marked, but shall not paint their cabins with the same colors as specified above.

4. Provincial Fisheries Resource Exploitation and Protection Units shall be responsible for organizing the marking of fishing vessels.

Article 3. Detailed regulations on Point c, Clause 1, Article 6 regarding safety equipment for persons and fishing vessels engaged in fishing outside the territorial waters of Vietnam

Fishing vessels going to fish outside the territorial waters of Vietnam must be equipped with minimum safety equipment for persons and fishing vessels, and communication devices for fishing vessels operating in sea areas over 50 nautical miles according to Appendix 1 issued together with Circular No. 02/2007/TT-BTS dated July 13, 2007 guiding the implementation of Government Decree No. 66/2005/NĐ-CP dated May 19, 2005 on ensuring safety for persons and fishing vessels operating at sea.

Article 4. Detailed provisions of Article 7 on procedures and steps for issuing relevant documents for fishing vessels engaged in marine product exploitation outside Vietnam's territorial waters and reissuing documents after such exploitation.

1. Procedures and steps for issuing relevant documents for fishing vessels going to exploit marine products outside Vietnam's territorial waters.

a) The vessel owner shall submit the dossier (one set) in accordance with Clause 1 of Article 7 of Decree No. 33/2010/NĐ-CP directly to the Fisheries General Department or through postal service.

b) Within no more than seven working days from the date of receiving a valid dossier, the Fisheries General Department shall examine and approve the dossier, issue and transfer the relevant documents in accordance with Clause 2 of Article 7 of Decree No. 33/2010/NĐ-CP to the vessel owner through the Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department (depending on the management level) where the vessel owner has registered, and notify the vessel owner accordingly.

If the relevant documents are not issued, the Fisheries General Department must provide a written response to the vessel owner and clearly state the reasons.

c) When collecting the documents issued by the Fisheries General Department, the vessel owner must return to the Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department the previously issued documents including:

- Certificate of Fishing Vessel Registration (original);

- Certificate of Fishing Vessel Technical Safety (original);

- Fishing Permit (original);

The Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department shall be responsible for acknowledging receipt (in a book or paper) and retaining the documents returned by the vessel owner (In addition to these documents, the Sub-Department or Department shall not require the vessel owner to submit any other documents).

d) Forms and related documents for fishing vessels operating outside Vietnam's territorial waters are specified as follows:

- Appendix 1: Application for permission and related documents for fishing vessels operating outside Vietnam's territorial waters;

- Appendix 2: Permission for fishing vessels to operate outside Vietnam's territorial waters;

- Appendix 3: Fishing Vessel Registration Certificate (Certificate of Nationality);

- Appendix 4: Certificate of Fishing Vessel Technical Safety;

- Appendix 5: Crew List.

2. Procedures and steps for allowing fishing vessels to return and reissue relevant documents for fishing vessels operating within Vietnam's territorial waters.

a) After completing the cooperative agreement for marine product exploitation between Vietnamese organizations or individuals and foreign partners, if the vessel owner wishes to bring the vessel back to operate within Vietnam's territorial waters, they must submit a dossier to the Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department (depending on the management level of the fishing vessel). The dossier includes the following documents:

- Application for permission to return and reissue relevant documents for the fishing vessel to operate within Vietnam's territorial waters (Appendix 6);

- Settlement Record of Cooperative Agreement for Marine Product Exploitation with Foreign Partners (original in Vietnamese or certified copy translated into Vietnamese);

- Documents issued by the Fisheries General Department for the fishing vessel operating outside Vietnam's territorial waters (in case of loss of issued documents, the vessel owner must submit a report explaining the loss, confirmed by the competent authority. In case of loss abroad, the vessel owner must obtain confirmation from the Vietnamese diplomatic mission in the host country).

b) Within no more than five working days from the date of receiving a valid dossier, the Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department shall proceed with the procedures to restore the operation of the vessel (depending on the management level).

c) In case the Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department loses the retained documents, they must issue a Temporary Fishing Vessel Registration Certificate to the vessel owner, while announcing three times on mass media about the loss of the said documents. Fifteen days after the last announcement, if there is no dispute, the previous Fishing Vessel Registration Certificate becomes invalid, and the Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department shall proceed to reissue the relevant documents for the vessel owner.

Article 5. Detailed provisions for Clause 4, Article 8 on the responsibility of organizations and individuals in organizing, recording, submitting, and processing data from Fishing Logbooks and Fishing Activity Reports

1. Fishing operation report

a) The ship owner or captain of all fishing vessels with a Fishing Permit shall be responsible for organizing the preparation of Fishing Activity Reports according to the model at Appendix 7.

b) Submitting Fishing Activity Reports: The ship owner or their representative must submit a Fishing Activity Report once a month before the 10th day of the following month at the People's Committee of the commune or ward where the vessel is registered.

c) The People's Committees of communes and wards are responsible for collecting and summarizing data from Fishing Activity Reports and submitting them to the specialized department of the district before the 15th day of the following month. Subsequently, the specialized department of the district will compile the reports to the Department of Agriculture and Rural Development before the 20th of each month; the Department of Agriculture and Rural Development will compile and report to the Provincial People's Committee and the Fisheries General Department according to the model at Appendix 8 before the 25th of each month.

2. Recording and Submitting Fishing Logbooks

a) The captain is responsible for organizing the recording of Fishing Logbooks according to the model at Appendix 9.

b) The recording and submission of Fishing Logbooks shall be carried out as follows:

- For fishing vessels with main engine power of 90 CV or more, the recording and submission of Fishing Logbooks continue to be implemented according to regulations.

- For fishing vessels with main engine power from 20 CV to less than 90 CV, based on the actual situation of the locality, the implementation of recording and submitting Fishing Logbooks shall be no later than January 1, 2013.

c) The ship owner or captain submits and receives Fishing Logbooks once every quarter in the first week of the next quarter (the first week of April, July, October, and January of the following year), at locations specified by the Fishery Resource Exploitation and Protection Branch (in communes, wards, fishing ports, fish landing sites, border guard posts, etc.). In cases where fishing vessels operate on long voyages exceeding one quarter, the ship owner shall submit and receive Fishing Logbooks immediately upon completion of the voyage.

3. Summarizing and Processing Data from Fishing Logbooks

a) The Fishery Resource Exploitation and Protection Branch enters data from Fishing Logbooks quarterly and reports the data to the Department of Agriculture and Rural Development and the Fisheries General Department (through the Fishery Resource Exploitation and Protection Bureau) no later than the second week of April, July, October, and January of the following year.

b) The Fisheries General Department (Fishery Resource Exploitation and Protection Bureau) is responsible for compiling, checking, and guiding reporting from localities; the Fisheries Information Center, the Institute of Economics and Planning for Fisheries (under the Fisheries General Department), and the Marine Products Research Institute are responsible for receiving, processing, and managing databases according to their functions and current regulations.

Article 6. Detailed provisions for Clause 6, Article 12 on reporting the registration of fishing vessels, vessel inspection, and issuance of Fishing Permits

Each month, the Departments of Agriculture and Rural Development of provinces shall compile data on the issuance of Fishing Permits according to the model prescribed in Appendix 10 of this Circular. They shall send the report to the Fisheries General Department on the 25th of each month. Reporting on the registration and inspection of fishing vessels shall be carried out according to Circular No. 02/2007/TT-BTS dated July 13, 2007, issued by the former Ministry of Fisheries (now the Ministry of Agriculture and Rural Development) guiding Decree No. 66/2005/NĐ-CP dated May 19, 2005, of the Government on ensuring safety for people and fishing vessels operating at sea.

Article 7. Implementation Organization

1. Funding for marking fishing vessels; printing, and processing data from Fishing Logbooks and Fishing Activity Reports, units assigned tasks shall prepare a budget for public expenditure for their activities and supplement it into their annual operational budget.

2. The Fisheries General Department, Departments, Bureaus, and related units under the Ministry of Agriculture and Rural Development; the Departments of Agriculture and Rural Development according to their functions, duties, and authorities shall urge and inspect the implementation of this Circular.

3. During the implementation process, if any issues arise or difficulties occur, agencies and units shall promptly report and propose to the Ministry of Agriculture and Rural Development (through the Fisheries General Department) for consolidation and submission to the Minister for consideration and appropriate revision and supplementation.

Article 8. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Circular No. 63/2009/TT-BNNPTNT dated September 25, 2009, issued by the Ministry of Agriculture and Rural Development guiding the implementation of Decree No. 123/2006/NĐ-CP dated October 27, 2006, of the Government on managing fishing activities of organizations and individuals in Vietnam in various maritime zones.