Decree No. 49/1998/ND-CP On Managing Fishing Activities of Foreign Individuals and Vessels in Vietnam's Marine Zones

DECREE OF THE GOVERNMENT

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

trong các vùng biển của Việt Nam

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Resolution of the National Assembly of the Socialist Republic of Vietnam dated June 23, 1994, approving the United Nations Convention on the Law of the Sea 1982;

Pursuant to the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;

On the basis of the Ordinance on Handling Administrative Violations dated July 6, 1995;

At the proposal of the Minister of Fisheries,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. The State of the Socialist Republic of Vietnam exercises state management rights over biological and non-biological resources in Vietnam's maritime zones.

The Ministry of Fisheries assists the Prime Minister in exercising unified management of foreign persons' and vessels' fishing activities in Vietnam's maritime zones.

Article 2. This Decree applies to foreign persons and vessels, including those belonging to foreign-invested aquatic enterprises established and operating under the Law on Foreign Investment in Vietnam, when conducting activities such as surveying, exploring, catching, farming marine products; collecting and transporting farmed and harvested marine products (hereinafter referred to as fishing activities) in Vietnam's maritime zones.

Ships that are not fishing vessels and ships not participating in fishing activities entering national ports in accordance with the Maritime Code to fulfill commercial contracts for export and import (including marine products) are not subject to this Decree.

Article 3. The Government of Vietnam creates favorable conditions for foreign persons and vessels permitted to conduct fishing activities in Vietnam's maritime zones.

Article 4. Foreign persons and vessels conducting fishing activities in Vietnam's maritime zones must comply with Vietnamese laws; be subject to inspection and control by Vietnam's maritime surveillance forces. All violations will be handled according to this Decree and other relevant provisions of Vietnamese law.

Article 5. In this Decree, the following terms are understood as follows:

1. "Owner of the vessel" means the owner, captain, or person managing the vessel;

2. "Vietnam's maritime zones" refers to the maritime areas within the sovereignty and sovereign rights of the Socialist Republic of Vietnam as declared on May 12, 1977 by the Government of the Socialist Republic of Vietnam and the 1982 United Nations Convention on the Law of the Sea approved by the National Assembly of the Socialist Republic of Vietnam on June 23, 1994, including internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf.

3. "Foreign person" means a person who does not hold Vietnamese nationality.

4. "Foreign fishing vessel" includes: ships, boats, mobile and immobile devices at sea not registered with Vietnamese nationality.

PART II
FISHING ACTIVITIES IN VIETNAM'S MARITIME ZONES

Article 6. Based on investment permits; scientific research cooperation agreements; scientific and technical cooperation contracts or other fishing-related contracts (hereinafter collectively referred to as permits) issued or approved by competent Vietnamese authorities, foreign organizations and individuals must register with the Ministry of Fisheries regarding the specific content of their vessel's operations to obtain a registration certificate for fishing activities from the Ministry of Fisheries before bringing the vessel into Vietnam's maritime zones.

Article 7. The Ministry of Fisheries issues a Fishing Activity Registration Certificate (hereinafter referred to as the Registration Certificate) for each foreign vessel within five days from the date of application for registration by foreign organizations or individuals.

In cases where the Registration Certificate expires before the permit, an extension of the Registration Certificate may be requested. Any changes to the content of the Registration Certificate must be approved by the Ministry of Fisheries.

When issuing the Registration Certificate, the Ministry of Fisheries may collect a registration fee in accordance with current regulations on fees and charges.

Article 8. The Registration Certificate becomes invalid in the following cases:

1. Permits are suspended or revoked;

2. The Registration Certificate has expired, been altered, defaced, or damaged;

3. The Registration Certificate has been temporarily suspended, revoked, or withdrawn;

4. Using the Registration Certificate incorrectly with respect to the vessel, persons on board, or the contents recorded in the issued Registration Certificate.

Article 9. After issuing the Registration Certificate, the Ministry of Fisheries is responsible for notifying relevant Vietnamese agencies at least five days before the foreign vessel enters Vietnam's maritime zones about the following information:

1. Name, symbol, and registration number of the vessel;

2. Main identification characteristics of the vessel;

3. A copy of the issued Registration Certificate.

Article 10. Foreign persons and vessels conducting fishing activities in Vietnam's maritime zones must comply with the following requirements:

1. The name, symbol, and registration number of the vessel must be clearly marked and consistent with the Registration Certificate.

2. Must always have the following documents (originals):

a) Fishing Activity Registration Certificate;

b) Vessel registration and inspection certificate;

c) Personal identification documents of each person on board the vessel.

3. Conduct activities in accordance with the content of the issued Registration Certificate; strictly comply with Vietnamese laws and implement reporting procedures as prescribed by the Ministry of Fisheries;

4. In necessary cases, the Ministry of Fisheries may assign Vietnamese supervisors to board foreign vessels to carry out supervision and notify the owner of the vessel in advance. The foreign vessel owner is responsible for receiving and ensuring working and living conditions for Vietnamese supervisors according to officer standards on board the vessel and ensuring their access to communication equipment on the vessel to contact Vietnamese authorities;

5. Facilitate the performance of duties by Vietnamese maritime surveillance force personnel.

Article 11. Foreign vessels with a Registration Certificate are only allowed to leave Vietnam's maritime zones after fulfilling all obligations under signed contracts and related provisions of Vietnamese law.

Article 12. Within the validity period of the Registration Certificate, if the owner of the vessel wishes to cease operations, they must report to the Ministry of Fisheries at least seven days before the planned cessation of operations; in cases of cessation due to force majeure, notification must be made to the Ministry of Fisheries within 24 hours.

Article 13. When an accident occurs, the owner of the vehicle must immediately report to the nearest relevant Vietnamese authority, clearly stating specific requests for assistance and rescue, and must comply with the resolution of consequences by these authorities.

Article 14. The Vietnamese maritime control forces are primarily responsible for supervising fishing activities, including: Coast Guard, Border Guard, Fisheries Protection Inspectorate. Customs forces and other specialized inspection forces have the duty to cooperate in supervising fishing activities in Vietnam's maritime areas.

The tasks, powers, and organization of these forces shall be implemented in accordance with the provisions of the law.

While on duty, Vietnamese maritime control forces must wear uniforms, badges, insignias, and specialized markings as prescribed. Vietnamese maritime control force vessels must fly the Vietnamese national flag, display flags, markings, and specialized symbols that are painted and placed in easily recognizable locations.

CHAPTER III
HANDLING VIOLATIONS

Article 15. In cases where foreign individuals and vessels violate Vietnamese laws and regulations stipulated in this Decree, the Vietnamese maritime control forces must promptly record the violation at the scene, seal communication equipment, voyage logs, positioning devices, and evidence; maintain the original condition of the vessel, escort it to the nearest port or dock, hand it over to the competent authority for handling along with complete documentation and evidence, and proceed according to the provisions of this Decree and other related legal regulations of Vietnam.

Temporary detention of violators of fishing activity regulations only applies to the owners of vessels and individuals directly involved in violations or resistance against Vietnamese enforcement officers.

Article 16. Foreign individuals and vessels without a Registration Certificate or using a Registration Certificate that has lost its validity as stipulated in Article 8 of this Decree, conducting fishing activities in Vietnam's maritime areas, will be handled as follows:

1. A fine of VND 50 million to VND 100 million for the owner of the vessel.

In addition to fines, all marine products, fishing gear, and other tools used in illegal fishing activities will also be confiscated.

2. If the violation is serious, the violator may face criminal responsibility, and if damage is caused to aquatic resources or environmental pollution occurs, compensation for the value of the damage must be provided.

Article 17. Foreign individuals and vessels with a Registration Certificate who conduct fishing activities in Vietnam's maritime areas and violate the provisions of this Decree or other related Vietnamese laws, will be handled as follows depending on the severity, nature, and consequences of each violation:

1. For the act of operating outside designated areas, using a Registration Certificate beyond its validity period, or using types of fishing methods and equipment not specified in the Registration Certificate, a fine of VND 20 million to VND 50 million will be imposed;

2. For the act of using explosives, toxic chemicals, electric shocks, or storing prohibited fishing gear, a fine of VND 50 million to VND 100 million will be imposed;

3. For the act of harvesting marine species listed by the Vietnamese State as prohibited from being harvested, a fine of VND 30 million to VND 70 million will be imposed;

4. For the act of destroying or altering the habitat of marine species, a fine of VND 20 million to VND 50 million will be imposed;

5. For the act of polluting the water habitats of marine species, a fine of VND 10 million for areas smaller than 01 hectare, and VND 10 million to VND 20 million per hectare for areas of 01 hectare or more will be imposed;

6. For the act of violating regulations on aquaculture; producing, trading, importing, or exporting fish seedlings, feed, and failing to implement disease prevention measures, veterinary hygiene inspections, and quarantine as required, a fine of VND 5 million to VND 20 million will be imposed;

7. For intentional acts of obstructing or failing to comply with the guidance of Vietnamese maritime control force personnel while performing their duties, a fine of VND 5 million to VND 20 million will be imposed;

8. Violations stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, in addition to fines, may also result in supplementary penalties such as confiscation of all marine products, fishing gear, and equipment used in the violation; simultaneously, based on the specific type of violation, the Registration Certificate of the offending vessel may be suspended or temporarily suspended for 3 to 6 months. If the violation is serious, the violator may face criminal responsibility under Vietnamese law.

Article 18.

1. Individuals subject to fines must promptly pay the fine and compensation within 30 days from receiving the penalty decision;

2. Confiscated vessels, fishing gear, and marine products will be auctioned off according to Vietnamese law. All proceeds from the auction and fines must be deposited into the State Budget. The collection, submission, and reward system for those who apprehend violators and carry out the process will follow the current regulations of the Ministry of Finance regarding the collection, management, and use of fines in administrative violation handling.

3. Fines and compensation for damages can be collected in freely convertible foreign currency, converted from fines in Vietnamese Dong according to the exchange rate published by the State Bank of Vietnam at the time of collection.

Article 19. The authority to handle violations of foreign individuals and vessels' fishing activities in Vietnam's maritime areas is defined as follows:

1. The Ministry of Fisheries:

a) Resolving complaints and reports related to foreign individuals and vessels' fishing activities in Vietnam's maritime areas according to the provisions of the law;

b) Temporarily suspending, revoking, or recalling the Registration Certificate;

c) Recommending the Prime Minister or the competent authority of Vietnam to suspend or revoke the permit stipulated in Article 6 of this Decree.

2. Chairmen of provincial people's committees directly under the central government:

a) Resolving complaints and reports related to foreign individuals and vessels' fishing activities in Vietnam's maritime areas within the scope of authority prescribed by law.

b) Issue decisions to impose penalties or handle cases of violations of the provisions of this Decree;

c) Propose the Ministry of Fisheries temporarily suspend, suspend, or revoke the Registration Certificate;

d) Organize the collection of fines and compensation payments; organize the temporary detention and return of foreign persons and vessels in accordance with the provisions of the law.

3. Maritime control forces:

a) Seize, record in a report, and escort foreign vessels and persons on board who violate the provisions of this Decree and other relevant Vietnamese laws for handover to competent authorities for handling;

b) Handle violations within their authorized jurisdiction as prescribed.

Article 20. In cases where foreign vessels and persons are temporarily detained:

1. The People's Committee of provinces and centrally governed cities must immediately notify the Ministry of Foreign Affairs and the Ministry of Fisheries upon detention for coordinated handling;

2. The vessel owner shall bear all costs related to the preservation of the vessel, food and accommodation expenses, and repatriation costs for violators during their detention in Vietnam;

3. Vessels and equipment that are temporarily detained shall be kept in the same condition as recorded in the detention file and report. In case of loss or damage, the person responsible for detention shall compensate.

Article 21. Organizations and individuals intentionally acting beyond authority in issuing the Registration Certificate, handling violations, contravening the provisions of this Decree and related laws shall be liable for damages, disciplinary action, or criminal prosecution depending on the severity of the violation.

PART IV
IMPLEMENTING PROVISIONS

Article 22. This Decree takes effect fifteen days from the date of issuance and replaces Decree No. 437-HĐBT dated December 22, 1990 issued by the Council of Ministers (now the Government).

Article 23. Where international treaties on fisheries to which the Socialist Republic of Vietnam is a party provide different provisions than those of this Decree, the provisions of such international treaties shall apply.

Article 24. The Minister of Fisheries shall coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Article 25. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of Provincial People's Committees under central governance are responsible for implementing this Decree./.