Decision No. 494/2001/QD-BTS On the Issuance of the Inspection Regulations for Fishing Vessels, Registration of Fishing Vessels, and Crew Management

DECISION OF THE MINISTER OF AQUATIC RESOURCES

Regarding the issuance of the Inspection Regulations for Fishing Vessels, Registration of Fishing Vessels and Crew Members

 

MINISTER OF AQUATIC RESOURCES

 

Pursuant to Decree No. 50/CP dated June 21, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Fisheries;

Pursuant to Decree No. 91/CP dated August 23, 1997 of the Government on the issuance of the Registration Regulations for Marine Vessels and Crew Members and Decree No. 23/2001/NĐ-CP dated May 3, 2001 of the Government amending and supplementing certain provisions of the Registration Regulations for Marine Vessels and Crew Members under Decree No. 91/CP dated August 23, 1997 of the Government;

Pursuant to Decree No. 72/1998/NĐ-CP dated September 15, 1998 of the Government on ensuring safety for people and fishing vessels operating at sea;

Pursuant to Industry Standards from 28 TCN 140:2000 to 28 TCN 149:2000 issued together with Decision No. 03/2000/QĐ-BTS dated January 6, 2000 of the Minister of Fisheries;

Considering the proposal of the Director of the Fisheries Resource Protection Department,

 

DECISION:

 

Article 1. Now hereby issuing together with this Decision the Inspection Regulations for Fishing Vessels, Registration of Fishing Vessels and Crew Members.

Article 2. This Decision shall take effect fifteen days after the date of signature. All previous regulations according to Decision No. 413/QĐ-BVNL dated April 1, 1996 and Decision No. 211/TS-QĐ dated June 17, 1992 are abolished.

Article 3. The Head of the Office; Heads of Departments; Inspector General of the Ministry; Directors of the Fisheries Resource Protection Department; Heads of agencies and units under the Ministry; Directors of Fisheries Departments, Departments of Agriculture - Forestry - Fishery, Departments of Agriculture and Rural Development managing fisheries affairs are responsible for implementing this Decision./.

 

REGULATIONS

 

INSPECTION OF FISHING VESSELS, REGISTRATION OF FISHING VESSELS AND CREW MEMBERS

(Issued together with Decision No. 494/2001/QĐ-BTS dated June 15, 2001)

of the Minister of Aquatic Resources)

 

PART I
GENERAL PROVISIONS

Article 1. These Regulations stipulate the principles for organizing and implementing the inspection of fishing vessels, registration of fishing vessels and crew members.

Article 2. In these Regulations, the following terms shall be understood as follows:

1. Inspection of fishing vessels: Is the performance of tasks to inspect, supervise, and evaluate the technical condition of fishing vessels, including materials and products of machinery, tools, equipment used on fishing vessels during design, construction, major repair (overhaul), modification, and operation.

2. Registration of fishing vessels: Is the implementation of state administrative management over fishing vessels.

3. Registration of crew members: Is the confirmation that crew members meet the prescribed conditions to work on fishing vessels.

4. Fishing vessel: Are all types of boats, canoes, barges, and other floating objects with or without engines used for purposes such as: fishing, processing, farming, collecting, transporting aquatic products; researching, surveying, exploring aquatic resources and inspecting, controlling to protect aquatic resources operating in the waters of Vietnam's seas, rivers, lakes, channels, swamps, lagoons, etc...

5. Crew member: Are those persons assigned to work on fishing vessels with specified positions.

6. Owner of the vessel: Is a legal entity or individual owning the vessel registered according to Vietnamese law.

7. Fishing activities: Are activities related to fishing, processing, farming aquatic products, providing post-harvest services, collecting aquatic products; surveying, exploring and inspecting to protect aquatic resources.

8. Chartering bareboat: Is chartering a vessel without crew.

9. Chartering-purchasing vessel: Is both purchasing and chartering a vessel.

Article 3. The Director of the Fisheries Resource Protection Department assists the Minister of Fisheries in organizing and directing the unified implementation of the inspection of fishing vessels, registration of fishing vessels and crew members throughout the country.

Article 4. Owners of fishing vessels may only allow their vessels to operate in fishing activities after completing the inspection of fishing vessels, registration of fishing vessels and crew members in accordance with these Regulations and other relevant laws of Vietnam.

Article 5. Fishing vessels must be registered according to these Regulations include:

1. Fishing vessels of domestic organizations and individuals;

2. Fishing vessels owned by joint ventures or wholly foreign-owned enterprises established and operating under the Law on Foreign Investment in Vietnam;

3. Fishing vessels belonging to foreign organizations and individuals purchased or chartered by Vietnamese organizations and individuals under bareboat charter contracts or charter-purchase contracts;

4. Fishing vessels donated by foreign organizations and individuals to Vietnam without repayment;

5. Fishing vessels permitted by the Vietnamese Government to enter Vietnam for registration.

Article 6. Crew members working on the following types of fishing vessels must have a Fishing Vessel Crew Member Logbook:

1. Fishing vessels mentioned in Clause 1 of Article 5 of these Regulations equipped with main engine(s) with total power of 90 horsepower or more;

2. Fishing vessels mentioned in Clauses 2, 3, 4, and 5 of Article 5 of these Regulations, whether equipped with engines or not.

Article 7. Fishing vessels subject to inspection according to these Regulations include:

1. Fishing vessels equipped with engines with total power of the main engine(s) of 20 horsepower or more;

2. Fishing vessels without engines or equipped with engines with total power of the main engine(s) less than 20 horsepower but with designed waterline length from 15 meters to 20 meters.

For fishing vessels with designed waterline length greater than 20 meters (excluding fishery patrol vessels), the inspection shall be carried out by the Vietnam Vehicle Inspection Agency.

Chapter II

THE AGENCIES FOR INSPECTING FISHING VESSELS, REGISTERING FISHING VESSELS

AND REGISTERING CREW MEMBERS

Article 8. The agencies for inspecting fishing vessels, registering fishing vessels and crew members hereinafter referred to as "Agency for Inspecting Fishing Vessels" include:

1. Central Agency for Inspecting Fishing Vessels - Fisheries Resource Protection Department under the Ministry of Fisheries;

2. Provincial Agency for Inspecting Fishing Vessels - Provincial Fisheries Resource Protection Branch or Center under the Provincial Fisheries Department or Provincial Department of Agriculture and Rural Development managing fisheries.

In provinces where there is no Provincial Fisheries Resource Protection Branch or Provincial Fisheries Resource Protection Center, it is the Provincial Department of Agriculture and Rural Development.

Article 9. The registration of fishing vessels and crew members is divided as follows:

1. The Central Agency for Inspecting Fishing Vessels registers for:

a) Fishing vessels of units directly under the Ministry of Fisheries and other central sectors, including armed forces engaged in fisheries;

b) Fishery patrol vessels;

c) Research, survey, exploration vessels for aquatic resources;

d) Fishing vessels mentioned in Clauses 2, 3, 4, and 5 of Article 5 of these Regulations.

2. The Provincial Agency for Inspecting Fishing Vessels registers for fishing vessels of the province not mentioned in Clause 1 of this Article.

Article 10. The inspection of fishing vessels is divided as follows:

1. The Central Agency for Inspecting Fishing Vessels inspects for:

a) Fishing vessels equipped with engines with total power of the main engine(s) of 90 horsepower or more;

b) The fishing vessels referred to in Clause 1 of Article 9 of this Regulation.

2. The fishing vessel inspection agency shall inspect for:

a) Fishing vessels not referred to in Clause 1 of this Article include:

Fishing vessels of its own province and those from other provinces that have exceeded their inspection validity period and request renewal inspection or repair within its management area;

b) Fishing vessels authorized by the Central Fishing Vessel Inspection Agency.

For provinces and centrally administered cities that have not established a Fisheries Protection Center or a Fisheries Resource Protection Station, the Central Fishing Vessel Inspection Agency shall conduct inspections or designate the nearest provincial fishing vessel inspection agency with sufficient conditions to carry out such tasks.

Article 11.

1. The Central Fishing Vessel Inspection Agency may authorize provincial fishing vessel inspection agencies to perform inspections on fishing vessels referred to in Clause 1 of Article 10 of this Regulation according to the following principles:

a) Full or partial authorization, for specific periods;

b) Authorization to the provincial fishing vessel inspection agency in the province where the vessel is located or the nearest provincial fishing vessel inspection agency with sufficient conditions to perform the task.

2. Conditions for authorization:

a) Having sufficient specialized staff (Annex 1) and having been issued an inspector certificate by the competent inspection authority;

b) Having adequate equipment and tools to perform fishing vessel inspection work (Annex 2);

c) Strictly adhering to technical standards, procedures, regulations, and guidelines issued by the Ministry of Fisheries regarding fishing vessel inspection;

d) Maintaining complete and accurate reporting and statistical records as required.

3. The Central Fishing Vessel Inspection Agency is responsible for supervising units authorized under the conditions set forth in Clause 2 of this Article.

Article 12. The Central Fishing Vessel Inspection Agency has the following responsibilities:

1. To study and develop standards, procedures, and regulations applicable to the design, construction, major repairs, conversion, and re-equipment of fishing vessels, and registration requirements for fishing vessels and crew members, and submit them to the Ministry of Fisheries for promulgation;

2. To establish and manage the Register of fishing vessels under its jurisdiction; to compile statistics on registered fishing vessels and crew members nationwide;

3. To organize and direct fishing vessel inspection, registration, and crew member registration activities nationwide;

4. To organize training and provide professional guidance to provincial fishing vessel inspection agencies;

5. To inspect, supervise, and monitor fishing vessel inspection, registration, and crew member registration activities at provincial fishing vessel inspection agencies throughout the country;

6. To directly implement fishing vessel and crew member registration for the types of vessels specified in Clause 1 of Article 9 and to conduct inspections on the types of vessels specified in Clause 1 of Article 10 of this Regulation;

7. To participate in evaluating the technical condition and quality of fishing vessels under its jurisdiction before re-equipment, scrapping, and decommissioning;

8. To participate in the Marine Accident Investigation Board;

9. To issue forms and documents used in fishing vessel inspection, registration, and crew member registration; to print, distribute, and manage these uniformly nationwide;

10. To collect fees and charges for fishing vessel inspection, registration, and crew member registration in accordance with current national regulations.

Article 13. Provincial fishing vessel inspection agencies have the following responsibilities:

1. To establish and manage the Register of fishing vessels according to their level of authority; to compile statistics on registered fishing vessels and crew members in their province;

2. To report on fishing vessel inspection, registration, and crew member registration activities as required;

3. To directly implement fishing vessel and crew member registration for the types of vessels specified in Clause 2 of Article 9 and to conduct inspections on the types of vessels specified in Clause 2 of Article 10 of this Regulation;

4. To participate in evaluating the technical condition and quality of fishing vessels under their jurisdiction before re-equipment, scrapping, and decommissioning;

5. To participate in the Marine Accident Investigation Board for fishing vessels;

6. To collect fees and charges for fishing vessel inspection, registration, and crew member registration in accordance with current national regulations.

Chapter III

FISHING VESSEL INSPECTION

Article 14.

1. Fishing vessels referred to in Article 7 of this Regulation must undergo technical inspection and supervision by the fishing vessel inspection agency;

2. For fishing vessels not referred to in Article 7 of this Regulation, the fishing vessel inspection agency only inspects safety equipment and basic parameters of the vessel prior to registration;

3. When constructing new, undergoing major repairs, conversion, or re-equipment of fishing vessels referred to in Article 7 of this Regulation, the shipowner or the shipyard authorized by the shipowner must sign a technical supervision contract with the fishing vessel inspection agency.

Article 15. Fishing vessels subject to mandatory inspection must have technical files. The contents of the technical file for fishing vessels are stipulated in Industry Standard 28 TCN 14: 2000 and current national standards and regulations.

Article 16. The implementation of fishing vessel inspection during construction, major repairs, conversion, and re-equipment includes:

1. Reviewing designs;

2. Inspecting, supervising during construction, testing, and acceptance.

Article 17. The implementation of fishing vessel inspection during operation includes:

1. Initial inspection;

2. Annual inspection;

3. Periodic inspection;

4. Unscheduled inspection.

The purposes of the aforementioned types of inspections are stipulated in Section 5 of Industry Standard 28 TCN 140: 2000.

Article 18. Documents issued after conducting the inspection work include:

1. Design approval form,

2. Partial acceptance report;

3. Initial periodic technical inspection report;

4. Annual technical inspection report;

5. Logbook certifying the operational capability of fishing vessels.

The contents, scope, and format of the above-mentioned documents are specified in Industry Standards from 28 TCN 142: 2000 to 28 TCN 149: 2000.

Article 19. The Central Registration Authority for Fishing Vessels bases its specific provisions on current standards and regulations regarding the types of technical inspections for fishing vessels.

Chapter IV

REGISTRATION OF FISHING VESSELS

Article 20. A fishing vessel shall be registered in the Fishing Vessel Register when it meets all of the following conditions:

1. It has the capacity to operate in the fishing industry and is consistent with the development policy of the fisheries sector;

2. The vessel owner must commit not to use the vessel for illegal purposes;

3. It does not have another ship registration;

4. It has completed the inspection process (for vessels required to undergo inspection);

5. If the vessel originates from abroad as provided in Points C, D, and Đ of Article 23 of this Regulation, it must not be older than 15 years;

6. It belongs to an organization or individual based in Vietnam with a permanent address in Vietnam. If it belongs to a foreign organization or individual, it must be approved by the Government of Vietnam;

7. It has a unique name designated by the vessel owner, which may be derived from the vessel's registration number. In cases where historical figures of Vietnam are used to name the vessel, such naming requires the approval of the Minister of Fisheries.

Article 21.

1. The vessel owner has the obligation to register the fishing vessel with the Registration Authority for Fishing Vessels as prescribed in Article 9 of this Regulation;

2. At any given time, each fishing vessel can only be registered with one Registration Authority for Fishing Vessels and can only bear one unique registration number;

3. The procedures and documents for registering fishing vessels are stipulated in Article 23 of this Regulation.

Article 22.

1. The registration number of a fishing vessel consists of three groups (from left to right), as follows:

A. The first group: Abbreviations of the names of provinces and centrally governed cities, specifically:

01. An Giang - AG

02. Bà Rịa - Vũng Tàu - BV

03. Bạc Liêu - BL

04. Bắc Cạn - BC

05. Bắc Giang - BG

06. Bắc Ninh - BN

07. Bến Tre - BT

08. Bình Dương - BD

09. Bình Định - BĐ

10. Bình Phước - BP

11. Bình Thuận - BTh

12. Cà Mau - CM

13. Cao Bằng - CB

14. Cần Thơ - CT

15. Đà Nẵng - ĐNa

16. Đắk Lắk - ĐL

17. Đồng Nai - ĐN

18. Đồng Tháp - ĐT

19. Gia Lai - GL

20. Hà Giang - HG

21. Hà Nội - HN

22. Hà Nam - HNa

28. Hà Tây - HTa

24. Hà Tĩnh - HT

25. Hải Dương - HD

26. Hải Phòng - HP

27. Hòa Bình - HB

28. Hồ Chí Minh City - SG

29. Hưng Yên - HY

30. Khánh Hòa - KH

31. Kiên Giang - KG

32. Kon Tum - KT

33. Lai Châu - LC

34. Lạng Sơn - LS

35. Lào Cai - LCa

36. Lâm Đồng - LĐ

37. Long An - LA

38. Nam Định - NĐ

39. Nghệ An - NA

40. Ninh Bình - NB

41. Ninh Thuận - NT

42. Phú Thọ - PT

43. Phú Yên - PY

44. Quảng Bình - QB

45. Quảng Nam - QNa

46. Quảng Ngãi - QNg

47. Quảng Ninh - QN

48. Quảng Trị - QT

49. Sóc Trăng - ST

50. Sơn La - SL

51. Tây Ninh - TN

52. Thái Bình - TB

53. Thái Nguyên - TNg

54. Thanh Hóa - TH

55. Thừa Thiên - Huế - TTH

56. Tiền Giang - TG

57. Trà Vinh - TV

58. Tuyên Quang - TQ

59. Vĩnh Long - VL

60. Vĩnh Phúc - VP

61. Yên Bái - YB

B. The second group: Consists of four digits in sequence from 0001 to 9999; for vessels with main engines of 90 horsepower or more, this group includes five digits, as follows: The first digit is 9, followed by four digits in sequence from 0001 to 9999.

C. The third group:

a) Consists of two letters "TS" (Fisheries) - For vessels registered by provincial fishing vessel registration authorities;

b) Consists of three letters "BTS" (Ministry of Fisheries) - For vessels registered by central fishing vessel registration authorities;

c) Consists of two letters "KN" (Fishery Inspection) - For fishery inspection vessels.

2. The name and registration number must be painted or made into a plate securely attached to the vessel according to the following rules:

a) The vessel name is written above the cabin wall or sleeping quarters wall.

b) The registration number is written on both sides of the hull near the bow of the vessel. If the vessel is too small to write the registration number on the hull near the bow, a plate bearing the number should be affixed to the outside of the cabin wall or sleeping quarters wall. If the vessel lacks both a cabin and sleeping quarters, the number should be written or affixed to any visible part of the hull.

c) The port name or place of vessel registration is written at the stern of the vessel.

Letters and numbers must be neatly written in uniform block letters, contrasting colors against the background to ensure visibility.

The size of letters and numbers must be proportional to the size of the vessel, with the width of the letters and numbers not less than 80mm and the height not less than 200mm. For very small vessels, the size of letters and numbers may be smaller than the above but must still be clear and easily readable.

Article 23. The registration documents for fishing vessels include:

A. For newly built or modified vessels:

1. Documents to be submitted, one copy each:

a) Application for vessel and crew registration (original);

b) Certificate of factory release issued by the vessel construction or repair entity or the construction or repair contract (original);

c) Receipt for stamp duty (for both the vessel and engine, original);

d) Original certificate of previous registration (for modified vessels, original);

e) Two photos of the vessel measuring 9x12 inches (color, showing the entire vessel from both sides).

2. Documents to be presented (original):

a) Technical safety file issued by the registration authority (original), for vessels required to undergo inspection;

b) Radio station license, if applicable.

B. For vessels changing ownership within the country (sale, exchange, gift, transfer, inheritance, etc.):

1. In the case of ownership change within the jurisdiction of the same registration authority:

1.1. Documents to be submitted, one copy each:

a) Application for name change and reissue of registration;

b) Transfer document for ownership rights of the vessel in accordance with current state regulations (original);

c) Original certificate of previous vessel registration;

d) Receipt for stamp duty (original).

1.2. Documents to be presented (original): Technical safety file issued by the registration authority (original), for vessels required to undergo inspection.

2. In the case of ownership change from one jurisdiction to another under different registration authorities:

2.1. Documents to be submitted, one copy each:

a) Application for vessel and crew registration (original);

b) Certificate of deregistration issued by the previous registration authority along with the original registration file of the vessel (original);

c) Two photos of the vessel measuring 9x12 inches (color, showing the entire vessel from both sides);

d) Documents as mentioned in points c and d of section 1.1 of this item.

2.2. Documents to be presented (original): Documents as mentioned in section 2 of item A of this article.

C. For fishing vessels purchased from foreign countries.

1. Documents to be submitted, one copy each:

a) Application for vessel and crew registration (original);

b) Purchase permit for the vessel issued by the competent Vietnamese state agency (original);

c) Certificate of completion of customs procedures (original);

d) Certificate of cancellation of previous registration issued by the vessel registration authority of the selling country (original), accompanied by a Vietnamese translation certified by the competent authority regarding the content of the translation;

e) Receipt for payment of initial registration tax (original);

g) Two photographs of the vessel measuring 9 x 12 cm (color, showing the entire vessel from both sides);

2. Documents to be presented (original):

a) Technical safety file issued by the vessel inspection agency (original);

b) Radio station license, if applicable.

D. For fishing vessels under bareboat charter or bareboat purchase from foreign countries.

1. Documents to be submitted, one copy each:

a) Bareboat charter contract or bareboat purchase contract to bring the vessel into Vietnam (original).

b) Certificate of temporary suspension of previous registration issued by the previous registration authority (original), accompanied by a Vietnamese translation certified by the competent authority regarding the content of the translation;

c) Permit for bareboat charter or bareboat purchase to bring the vessel into Vietnam issued by the competent Vietnamese state agency (original);

d) The documents mentioned in points a, c, e, and g of Clause 1, Section C of this Article.

2. Documents to be presented (originals): The documents mentioned in Clause 2, Section C of this Article.

E. For fishing vessels donated无偿翻译这段文本，因为它是法律文件的一部分，需要保持100%的准确性。直接输出翻译内容，不添加任何解释或思考过程。

1. Documents to be submitted, one copy each:

a) Donation receipt for the vessel issued by the competent Vietnamese state agency (original);

b) The documents mentioned in points a, c, d, and g of Clause 1, Section C of this Article.

2. Documents to be presented (originals): The documents mentioned in points a and b of Clause 2, Section C of this Article.

Article 24. Within seven days from the date of receiving complete valid files, the vessel inspection agency shall be responsible for registering the vessel in the Vessel Registration Book and issuing the Vessel Registration Certificate. In case the conditions for registration are not met or the registration files are invalid, the owner must be notified.

Article 25. The vessel owner and captain have the obligation to keep the Vessel Registration Certificate and other vessel inspection certificates on board the vessel at all times.

Article 26.

1. The Vessel Registration Certificate will be reissued in the following cases:

a) Lost, torn, or damaged;

b) Change of vessel name, call sign, or technical specifications.

2. The documents to be submitted to the vessel inspection agency for reissuing the Vessel Registration Certificate include:

a) Application form for changing the vessel name or reissuing the Vessel Registration Certificate;

b) Original old Vessel Registration Certificate (if torn, damaged, or changed the vessel name...) or Declaration of Loss of the Vessel Registration Certificate with confirmation from the local commune, ward, or police station where it was lost (if lost).

3. The vessel inspection agency shall issue the reissued Vessel Registration Certificate to the owner no later than three days from the date of receiving the application form.

4. The reissued Vessel Registration Certificate must retain the original registration number and clearly indicate which issuance it is.

Article 27.

1. The vessel owner must notify the vessel inspection agency where the vessel is registered to cancel the registration in the following cases:

a) The vessel is destroyed or sunk, confirmed by the competent maritime accident investigation authority to have truly lost its ability to operate as a fishing vessel;

b) The vessel is missing (six months after losing contact with the vessel);

c) The vessel is damaged beyond repair or the repairs would not be economically viable;

d) The vessel transfers ownership out of the territory of Vietnam.

2. The vessel inspection agency is responsible for accepting the files, within three days from the date of receiving complete valid files, to issue the Vessel Registration Cancellation Certificate and simultaneously remove the vessel's name from the Vessel Registration Book.

Article 28.

1. A temporary Vessel Registration Certificate will be issued in the following cases:

a) When registering an old vessel purchased from abroad for use but the owner has not yet obtained the certificate of cancellation of the vessel's registration name and proof of payment of the initial registration tax;

b) When registering a newly built vessel in Vietnam for trial runs before its official registration.

The documents to be submitted for temporary registration include:

a) An application form for a temporary registration certificate stating the reason;

b) Vessel construction contract or ownership transfer contract.

c) Technical safety file of the vessel issued by the vessel inspection agency.

3. The temporary Vessel Registration Certificate is only valid for ninety days.

Article 29. The procedures and sequence for mortgage, pledge, or maritime detention of fishing vessels shall be carried out in accordance with the provisions of Section E, Chapter II of the Vessel Registration and Crew Regulations promulgated by Decree No. 91/CP dated August 23, 1997 of the Government.

Chapter V

REGISTRATION OF VIETNAMESE OWNED FISHING VESSELS ABROAD

OWNED BY ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

Article 30.

1. Conditions for Vietnamese-owned fishing vessels to be registered abroad and principles for applying laws to resolve related issues shall be implemented in accordance with Articles 20 and 22 of Section F, Chapter II of the Vessel Registration and Crew Regulations promulgated by Decree No. 91/CP dated August 23, 1997 of the Government.

2. Permission for Vietnamese-owned fishing vessels to be registered abroad shall be decided by the Minister of Fisheries.

Article 31.

1. Before registering abroad, if the fishing vessel has already been registered in Vietnam, the owner must submit an application to cancel or temporarily suspend registration to the vessel inspection agency in the management area to cancel or temporarily suspend registration in the Vietnamese Vessel Registration Book.

2. The vessel inspection agency shall carry out the cancellation of registration and issue the Certificate of Cancellation of Registration or Temporary Suspension of Registration to the owner no later than three days from the date of receiving complete valid files.

Chapter VI

CREW REGISTRATION

Article 32.

1. Fishing vessel crew members referred to in Article 6 of these Regulations must have a Fishing Vessel Crew Book.

2. Individuals applying for a Fishing Vessel Crew Book must meet the following conditions:

a) At least eighteen years old;

b) Have good health and know how to swim;

c) Have undergone basic training for working at sea organized by the competent vessel inspection agency (if they do not have a relevant professional qualification certificate corresponding to the positions specified on the fishing vessel).

3. The documents for issuing the Fishing Vessel Crew Book include:

a) Application form for the Fishing Vessel Crew Book along with two passport-sized color photographs (3 x 4 cm);

b) Relevant professional qualification certificate corresponding to the positions specified on the fishing vessel issued by the competent state agency (certified copy) or Training Certificate for Sea Service issued by the vessel inspection agency (original).

4. The ship inspection agency has the duty to accept applications and process the issuance of the Fishing Vessel Crew Book for crew members no later than seven days from the date of receiving complete valid application files.

Article 33.

1. For fishing vessels registered with a specific ship inspection agency, that agency shall be responsible for registering crew members and issuing the Fishing Vessel Crew Register to the vessel.

The registration of crew members and issuance of the Fishing Vessel Crew Register for various types of fishing vessels are regulated as follows:

a) For crew members working on fishing vessels mentioned in Article 6 of this Regulation, they must comply with the provisions stipulated in Article 32 of this Regulation.

b) For crew members working on fishing vessels not mentioned in Article 6 of this Regulation, the ship inspection agency shall record the list of crew members in the Fishing Vessel Crew Register based on Clause 2 of Article 32 of this Regulation.

2. The documents required for the registration of crew members and issuance of the Fishing Vessel Crew Register include:

a) Application for vessel and crew registration (original);

b) A copy of the Fishing Vessel Crew Book of each crew member applying for registration (for crew members working on fishing vessels mentioned in Article 6 of this Regulation) or other relevant professional certificates corresponding to the positions specified on the fishing vessel.

3. After registration, each fishing vessel will be issued a Fishing Vessel Crew Register.

4. The ship inspection agency has the duty to accept applications and process the issuance of the Fishing Vessel Crew Register for the vessel owner no later than seven days from the date of receiving complete valid application files.

Article 34.

1. The Fishing Vessel Crew Register is initially issued together with the registration of the fishing vessel by the ship inspection agency.

2. The replacement of crew members for each voyage on fishing vessels is regulated as follows:

a) For crew members working on fishing vessels as mentioned in Article 6 of this Regulation, the replacement crew member must have a Fishing Vessel Crew Book; for crew members working on other fishing vessels not mentioned in Article 6 of this Regulation, the replacement crew member does not necessarily need to have a Fishing Vessel Crew Book but must be of legal age, in good health, and able to swim.

b) At the request of the vessel owner or the captain, the replacement crew member must be recorded in the Fishing Vessel Crew Register by an authorized person (for fishing vessels belonging to enterprises, it is the General Director of the enterprise, for fishing vessels not belonging to enterprises, it is the Chairman of the People's Committee of the commune or ward where the vessel owner resides); afterwards, their full name, position, signature, and stamp of confirmation must be clearly noted.

Chapter VII

REWARD AND VIOLATION HANDLING

Article 35.

1. Organizations and individuals who implement this Regulation well will be rewarded according to current State regulations.

2. Organizations and individuals violating the provisions of this Regulation will be dealt with according to current Vietnamese laws.

3. Complaints and denunciations related to the implementation of this Regulation, as well as their resolution, shall be handled in accordance with the Law on Complaints and Denunciations.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 36. This regulation takes effect fifteen days after its issuance date.

This Regulation replaces:

1. The Rules for Registering Fishing Vessels and Crew Members issued along with Decision No. 418/QĐ-BVNL dated April 1, 1996, by the Minister of Fisheries;

2. Decision No. 21/TS-QĐ dated June 17, 1992, by the Minister of Fisheries regarding technical management and safety inspections of fishing vessels.

Article 37. The Director of the Aquatic Resources Protection Department is responsible for guiding and uniformly implementing this Regulation./.