✦ Tóm lược thông minh
Decree No. 52/2010/NĐ-CP stipulates conditions and procedures for importing fishing vessels and registering imported fishing vessels. It applies to organizations and individuals in Vietnam related to the importation of fishing vessels. The Decree sets criteria for legal origin, total main engine power, equipment for fishing tools, and advanced fish preservation devices for importing fishing vessels.
Đối tượng áp dụng
Organizations and individuals in Vietnam related to the importation of fishing vessels.
Các điểm cốt lõi
- Imported fishing vessels must comply with the provisions of this Decree and relevant laws; be consistent with planning and development plans for the fisheries sector; ensure technical safety and prevent environmental pollution.
- General conditions for imported fishing vessels include legal origin, total main engine power of 400 HP or more (except for fishing vessels donated by foreign governments, organizations, or individuals to Vietnam which do not specify the total main engine power of the vessel); equipped with advanced fishing tools and fish preservation devices.
- Conditions for importing used fishing vessels include meeting the conditions specified in Article 4 of this Decree; the age of the vessel does not exceed five years for wooden-hulled fishing vessels, eight years for steel-hulled fishing vessels; the main engine of the vessel (from the year of manufacture to the time of import) should not exceed two years older than the vessel's age.
- Conditions for importing newly built fishing vessels include meeting the conditions specified in Article 4 of this Decree; having complete documentation including the Factory Certificate, Engine Logbook, and Equipment Installation Logbook.
- The importer of fishing vessels must submit an application for import along with the required documents to the competent authority. Within seven working days, based on the development plan of the fisheries sector and the locality, the competent authority will review and issue a permit for the import of fishing vessels.
- Documentation for importing used fishing vessels includes the original Import Contract for Fishing Vessels, Technical Condition Inspection Report issued by the foreign inspection agency (if available) accompanied by a certified Vietnamese translation.
- Documentation for importing newly built fishing vessels includes the original Import Contract for Fishing Vessels, Factory Certificate, Engine Logbook, and Equipment Installation Logbook.
- Imported fishing vessels must be registered at the designated Fishing Vessel Registration Authority. The importer must submit an indefinite or temporary registration application as prescribed.
- The authority to decide on the import of fishing vessels is exercised by the Ministry of Agriculture and Rural Development and the People's Committees of provinces and centrally-administered cities.
- Responsibilities of the Ministry of Agriculture and Rural Development include state management of imported fishing vessels; directing specialized agencies to organize the registration of fishing vessels and crew members. Responsibilities of the People's Committees of provinces and centrally-administered cities include organizing the registration of fishing vessels and crew members as prescribed.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Strengthening resources for the fisheries sector through the importation of modern fishing vessels, enhancing the efficiency of fisheries exploitation.
- Negative impact: May increase investment costs for organizations and individuals wishing to import fishing vessels; requires time for training and adapting to new regulations.
- Beneficiaries from this Decree include seafood enterprises and individuals seeking to purchase modern fishing vessels. Those adversely affected are organizations and individuals unable to meet the requirements for total main engine power and advanced fishing equipment.
❓ Câu hỏi thường gặp
What conditions must imported fishing vessels meet?
Imported fishing vessels must have legal origin, total main engine power of 400 HP or more (except for fishing vessels donated by foreign governments, organizations, or individuals to Vietnam which do not specify the total main engine power of the vessel); and be equipped with advanced fishing tools and fish preservation devices.
What conditions must imported used fishing vessels meet?
Imported used fishing vessels must meet the conditions specified in Article 4 of this Decree; the age of the vessel does not exceed five years for wooden-hulled fishing vessels, eight years for steel-hulled fishing vessels; the main engine of the vessel (from the year of manufacture to the time of import) should not exceed two years older than the vessel's age.
What documents must newly built imported fishing vessels have?
Newly built imported fishing vessels must have the Factory Certificate, Engine Logbook, and Equipment Installation Logbook.
How long is the period allowed for importing fishing vessels?
Within seven working days, based on the development plan of the fisheries sector and the locality, the competent authority will review and issue a permit for the import of fishing vessels.
At which authority must imported fishing vessels be registered?
Imported fishing vessels must be registered at the designated Fishing Vessel Registration Authority. The importer must submit an indefinite or temporary registration application as prescribed.
Toàn văn
DECREE
On the importation of fishing vessels
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Fisheries Law dated November 26, 2003;
Considering the proposal of the Minister of Agriculture and Rural Development,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Decree stipulates conditions and procedures for the importation of fishing vessels, registration of imported fishing vessels; the authority of state agencies in the importation of fishing vessels and registration of imported fishing vessels.
2. This Decree applies to organizations and individuals in Vietnam related to the importation of fishing vessels.
3. This Decree does not apply to the following cases:
a) Fishing vessels of Vietnam repaired abroad returning;
b) Foreign fishing vessels sold at auction in Vietnam.
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
1. Importation of fishing vessels includes forms such as purchasing fishing vessels from abroad; receiving fishing vessels provided as aid by the Government or foreign organizations and individuals for Vietnam.
2. Imported fishing vessels are fishing vessels registered abroad; including types such as fishing vessels; fishing service vessels; fisheries surveillance vessels; survey and research vessels on aquatic resources.
3. Used fishing vessels are fishing vessels that have been registered abroad.
4. Newly built imported fishing vessels are fishing vessels constructed anew at foreign shipyards, not yet registered abroad.
5. Legally sourced imported fishing vessels are fishing vessels that do not violate laws; having complete and clear registration and inspection files (for used fishing vessels); having factory release documents and engine and equipment history (for newly built fishing vessels).
6. Fishing vessel import contracts (or equivalent agreements) are contracts for purchasing foreign fishing vessels.
7. Fishing vessel importers are organizations and individuals in Vietnam implementing the purchase of fishing vessels, or receiving fishing vessels provided as aid by the Government or foreign organizations and individuals.
8. Main engines of the vessel are engines with fixed engine beds, equipped with propeller shafts and propellers to propel the vessel.
9. Total main engine power of the vessel is the total power of the main engines installed on the vessel.
10. Advanced fishing gear equipment is the installation of machinery and equipment serving fishing operations such as hydraulic winches, positioning devices, radars, depth sounders, fish finders, radio telephones... ensuring safe fishing operations, reducing labor, and being effective.
11. Advanced aquatic product preservation equipment is the installation of equipment on board to ensure the quality of aquatic products such as freezing systems, ice production systems, refrigerated compartments, sea water circulation compartments.
Article 3. Principles of fishing vessel importation
1. Imported fishing vessels must comply with the provisions of this Decree and relevant laws.
2. Imported fishing vessels must be consistent with the planning and development plans of the aquaculture industry nationwide and in each locality.
3. Imported fishing vessels must meet technical safety conditions for the vessel and crew, conforming to technical safety standards and environmental pollution prevention regulations as prescribed by Vietnamese law and international treaties to which Vietnam is a party.
4. Before being put into operation, imported fishing vessels must undergo inspection, registration of fishing vessels and crew, and issuance of fishing permits according to legal provisions.
Chapter II
CONDITIONS, PROCEDURES FOR THE IMPORTATION OF FISHING VESSELS
Article 4. General Conditions for Imported Fishing Vessels
1. Legally sourced
2. Having a total main engine power of 400 HP or more (except in cases where the total main engine power of fishing vessels provided as aid by the Government or foreign organizations and individuals to Vietnam is not specified)
3. Equipped with advanced fishing gear and aquatic product preservation equipment (for fishing and fishing service vessels).
Article 5. Conditions for importing used fishing vessels
1. Ensuring the conditions stipulated in Article 4 of this Decree.
2. The age of the vessel (calculated from the year of construction to the date of importation):
a) Not exceeding 5 years for fishing vessels made of wooden hull material.
b) Not exceeding 8 years for fishing vessels made of steel hull material.
3. The main engine of the vessel (calculated from the year of production to the date of importation) shall not be more than 2 years older than the age of the vessel.
4. Being inspected and certified by the Vietnamese Fisheries Inspection Authority regarding the technical condition and pollution prevention equipment of the fishing vessel.
In case there is a Technical Appraisal Report issued by a foreign inspection authority, it must be reviewed and confirmed by the Vietnamese Fisheries Inspection Authority to comply with Vietnamese laws.
Article 6. Conditions for importing newly constructed fishing vessels
1. Ensuring the conditions stipulated in Article 4 of this Decree.
2. Having all necessary documents:
a) Factory release documents of the shipbuilding facility;
b) Engine history of the vessel;
c) Equipment installation history on the fishing vessel.
Article 7. Procedures and formalities for importing fishing vessels
1. The importer of fishing vessels must submit an application for importation (Annex I) along with the required documents to the competent authority as stipulated in Article 15 of this Decree.
2. Within 7 working days, based on the development plan of the fisheries sector and the locality, the competent authority will review and issue a permit for the importation of fishing vessels.
If the documents are incomplete or the importation is not approved, the competent authority must notify the applicant to supplement the documents or provide a written response stating the reasons.
3. The permit for importing fishing vessels issued by the competent authority will be sent to the applicant and simultaneously forwarded to relevant agencies: Ministry of National Defense (Border Guard Command), Ministry of Finance, General Department of Customs.
4. After the imported fishing vessel is brought back to Vietnam, before being put into operation, the owner of the fishing vessel must comply with the provisions of this Decree and other related laws.
Article 8. Documents for importing used fishing vessels
Documents for importing used fishing vessels include:
1. Import contract for fishing vessels (original).
2. Technical appraisal report on the technical condition and pollution prevention equipment of the imported fishing vessel, issued by the Vietnamese Fisheries Inspection Authority (original).
In case there is a technical appraisal report issued by a foreign inspection authority (original), it must be accompanied by a Vietnamese translation (certified).
Article 9. Documents for importing newly constructed fishing vessels
Documents for importing newly constructed fishing vessels include:
1. Import contract for fishing vessels (original).
2. Factory release documents of the vessel issued by the shipbuilding facility (original).
3. Engine history of the vessel (original).
4. Equipment installation history on the vessel (original).
Article 10. Documents for importing donated fishing vessels
Documents for importing donated fishing vessels include:
1. Official document of the competent authority approving the acceptance of donated fishing vessels from the Government or foreign organizations and individuals (original).
2. Documents of the vessel corresponding to the type of vessel as prescribed in Articles 8 and 9 of this Decree.
Chapter III
REGISTRATION OF IMPORTED FISHING VESSELS
Article 11. Conditions for registering imported fishing vessels
1. The fishing vessel has been brought back to Vietnam.
2. The importer has completed the import procedures.
3. The importer has paid all taxes as prescribed by Vietnamese laws (except in cases of temporary registration).
4. The fishing vessel has been issued a Logbook and related Safety Technical Inspection Reports by the authorized Vietnamese Fisheries Inspection Authority according to Vietnamese laws.
Article 12. Registration of Imported Fishing Vessels
1. The importer must submit the registration application for fishing vessels to the competent authority for vessel registration as prescribed in Article 16 of this Decree.
2. Unconditional Registration:
Unconditional registration is formal registration and issuance of the Certificate of Registration of Vietnamese Fishing Vessel without a specified term (Annex III).
3. Temporary Registration:
a) Temporary registration is informal registration and issuance of the Temporary Certificate of Registration of Vietnamese Fishing Vessel within the prescribed period (Annex IV);
b) Temporary registration applies in cases where imported fishing vessels have been brought back to Vietnam but have not yet paid all taxes as required by Vietnamese law;
c) The validity period of the Temporary Certificate of Registration of Vietnamese Fishing Vessel shall not exceed ninety days;
d) When applying for formal registration, the vessel owner only needs to supplement the missing documents according to the requirements for formal registration.
4. Issuance of the Certificate of Registration of Fishing Vessel:
Within seven working days from the date of receipt of complete and valid documents, the vessel registration authority shall issue the Certificate of Registration of Fishing Vessel to the importer and record it in the Register of Vietnamese Fishing Vessels.
In case the submitted documents are incomplete or invalid, the vessel registration authority must notify the importer to supplement the documents or respond in writing with specific reasons.
Article 13. Documents for Unconditional Registration of Fishing Vessels
1. Documents to be submitted to the vessel registration authority:
a) Application form for vessel registration (according to Model Annex II);
b) Official permit for importing fishing vessels issued by the competent authority (original);
c) Certificate of deregistration (original) accompanied by a Vietnamese translation (certified) for used fishing vessels;
d) Customs declaration form confirmed as completed customs procedures (certified copy);
đ) Receipts for payment of taxes as required by Vietnamese law (certified copy);
e) Photographs of the imported fishing vessel (two color photos measuring 9 x 12 inches), taken vertically on both sides of the vessel.
2. Documents to be presented at the vessel registration authority:
a) Factory's certificate of manufacture and machinery history, equipment installation history (original) for newly built fishing vessels;
b) Inspection book of fishing vessel issued by the competent Vietnamese vessel inspection authority;
c) Safety technical certificate of fishing vessel issued by the competent Vietnamese vessel inspection authority.
Article 14. Documents for Temporary Registration of Fishing Vessels
Documents for temporary registration as stipulated in Article 13 of this Decree, except for point đ clause 1.
Chapter IV
AUTHORITY TO DECIDE IMPORT OF FISHING VESSELS AND REGISTRATION OF IMPORTED FISHING VESSELS
Article 15. Authority to Decide Import of Fishing Vessels
1. The Ministry of Agriculture and Rural Development decides on the import of fishing vessels for the following types:
a) Fishing vessels with main engine power of 400 HP or more and designed waterline length of 20 meters or more;
b) Fishing vessels donated by the Government or foreign organizations and individuals to Vietnam;
c) Fishing vessels of units under the Ministry of Agriculture and Rural Development and other Ministries and sectors;
d) Fishing vessels of joint ventures with foreign countries;
đ) Fisheries surveillance vessels; research, investigation, and exploration vessels for aquatic resources.
2. Provincial People's Committees and Municipalities directly under the Central Government decide on the import of fishing vessels for the aforementioned types, except for the cases stipulated in clause 1 of this Article.
Article 16. Competence to Register Imported Fishing Vessels
1. The Ministry of Agriculture and Rural Development:
a) Implement the registration of fishing vessels and crew members for fishing vessels as specified in Clause 1, Article 15 of this Decree.
b) Guide the work of registering fishing vessels and crew members nationwide in accordance with regulations.
2. Provincial People's Committees and centrally governed city People's Committees:
a) Implement the registration of fishing vessels and crew members as prescribed for the types of vessels specified in Clause 2, Article 15 of this Decree;
b) Aggregate and statistically analyze imported fishing vessels at the local level, and report periodically to the Ministry of Agriculture and Rural Development.
Chapter V
RESPONSIBILITIES OF STATE ADMINISTRATIVE AGENCIES REGARDING IMPORTED FISHING VESSELS
Article 17. Responsibilities of the Ministry of Agriculture and Rural Development
1. Carry out state management functions regarding imported fishing vessels and the registration of imported fishing vessels.
2. Direct specialized agencies to organize the implementation of vessel registration, crew member registration, inspection, and issuance of Technical Safety Certificates for imported fishing vessels and Fishing Permits according to their authority.
3. Guide provincial People's Committees to organize the implementation of fishing vessel imports, registration of imported fishing vessels, crew member registration, and issuance of Fishing Permits according to their authority.
4. Conduct inspections, handle complaints and denunciations, and enforce violations of laws in the activity of importing fishing vessels as stipulated by law.
Article 18. Responsibilities of People's Committees of provinces and centrally governed cities
1. Carry out state management functions regarding imported fishing vessels and the registration of imported fishing vessels within the scope of local management consistent with the overall development plan of the fisheries sector.
2. Direct specialized agencies to organize the implementation of vessel import registration, crew member registration, inspection, and issuance of Technical Safety Certificates for imported fishing vessels and Fishing Permits according to their authority.
3. Direct and guide organizations and individuals operating fishing vessels to comply with legal regulations, ensuring safety for people and vessels during operations.
4. Conduct inspections, handle complaints and denunciations, and enforce violations of laws in the activity of importing fishing vessels as stipulated by law.
Article 19. Responsibilities of Relevant Ministries and Sectors
Ministries and sectors: Defense, Public Security, Industry and Trade, Finance, General Department of Customs, and other relevant ministries and sectors, according to their functions, tasks, and authorities, coordinate with the Ministry of Agriculture and Rural Development and provincial People's Committees to implement state management over the activity of importing fishing vessels.
Chapter VI
IMPLEMENTATION
Article 20. Effective Date
This Decree takes effect from August 1, 2010.
Article 21. Responsibility for Implementation
1. The Minister of Agriculture and Rural Development shall take the lead, coordinating with relevant ministries, sectors, and provincial People's Committees to implement this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.
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52/2010/NĐ-CP
Decree No. 52/2010/NĐ-CP on Importing Fishing Vessels
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