Decree No. 53/2012/ND-CP Amending and Supplementing Certain Provisions of Decrees on Fisheries

DECREE

Amending and supplementing certain articles of Decrees on fisheries

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Pursuant to the Government Organization Law on December 25, 2001;

Pursuant to the Fisheries Law dated November 26, 2003;

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

The Government promulgates this Decree amending and supplementing certain articles of Decrees on fisheries,

Article 1. Amending and supplementing certain articles of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in some fisheries sectors

1. Clause 1, Clause 2, Clause 3, and Clause 4 of Article 6 shall be amended as follows:

"Article 6. Procedures and sequence for issuing permits

1. Application dossier for issuance of permit one (01) set, including:

a) Application for issuance of permit;

b) Types of documents specified in Clause 1 of Article 5 of Decree No. 59/2005/NĐ-CP (photocopies).

2. Application dossier for extension of permit one (01) set, including:

a) Application for extension of permit;

b) Certificate of safety of fishing vessels (photocopies).

3. Organizations and individuals applying for reissuance of permit in case of loss, damage, or deterioration of the permit shall submit the application form prescribed in Appendix I issued together with this Decree.

4. The competent authority issuing the permit shall examine and issue, reissue, or extend the permit within five (05) working days from the date of receipt of complete dossier as prescribed. In case of refusal to issue, reissue, or extend the permit, a written response stating the reasons must be provided."

2. Article 7 shall be amended as follows:

"Article 7. Authority issuing permits

The Fishery Resource Exploitation and Protection Service or units entrusted with specialized management tasks related to fishery resource exploitation and protection of provinces and centrally governed cities shall issue, extend, reissue, and revoke permits for organizations and individuals with registered fishing vessels in their province."

Article 2. Abolishing certain articles and clauses of Decree No. 14/2009/NĐ-CP dated February 13, 2009 of the Government amending and supplementing certain articles of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in some fisheries sectors

1. Abolish Clause 5 of Article 1.

2. Abolish Clause 6 of Article 1.

Article 3. Amending and supplementing certain articles of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on management of fisheries activities of Vietnamese organizations and individuals in various sea areas

1. Clause 4 and Clause 5 of Article 2 shall be amended as follows:

"Article 2. Explanation of terms

4. Sea area outside Vietnam's sea area is the entire sea area of other countries and territories.

5. High seas are all sea areas not located within the exclusive economic zone, territorial sea, or internal waters of a country, nor within the archipelagic waters of an archipelagic state."

2. Point a of Clause 1 of Article 4 shall be amended as follows:

"Article 4. Zoning for fisheries exploitation

a) Coastal sea area is limited by the lowest low water mark and coastline. For localities with islands, the provincial People's Committee shall define the coastal sea area of each island based on necessity and specific characteristics, but the limit shall not exceed six (06) nautical miles from the lowest low water mark of the island."

c) A medical staff on duty or a written agreement with the nearest healthcare facility to provide first aid and emergency care for participants in dangerous sports activities when necessary."

"Article 6. Conditions for fisheries exploitation outside Vietnam's sea area

Organizations and individuals exploiting fisheries outside Vietnam's sea area must meet the following conditions:

1. For fishing vessels:

a) Fishing vessels must have the necessary standards for restricted operation zone class I or unrestricted operation zone. If operating in the sea area of a Southeast Asian country, the fishing vessel must have the necessary standards for restricted operation zone class II or higher;

b) Must be registered and inspected. The certificate of technical safety of fishing vessels must remain valid for at least three months;

c) Must be equipped with full safety equipment for personnel and vessels, communication devices corresponding to the operational sea area as prescribed by law;

d) Must have sufficient crew members as prescribed by law;

2. For crew members and personnel on fishing vessels:

a) The captain and chief engineer must hold a certificate of competency issued by the competent authority;

b) Must have shipowner insurance;

c) Must have a fishing vessel seaman's book or a certificate of vocational competence for fishing vessel crew.

3. For organizations and individuals sending fishing vessels to exploit in the sea area of another country or territory must meet the conditions prescribed for fishing vessels, crew members, and personnel on fishing vessels, and the following additional conditions:

a) Must have a cooperation agreement for fisheries exploitation with organizations or individuals of that country or territory, approved by the competent authority of that country or territory or according to the content of the Fisheries Cooperation Agreement between that country or territory and the Socialist Republic of Vietnam;

b) Crew members on board must have ordinary passports;

c) On board or among a group of vessels, there must be at least one (01) person who knows English or the common language of the country or territory where the fishing vessel will operate;

d) Must meet other conditions prescribed by the laws of the host country (if applicable).

4. For organizations and individuals organizing the dispatch of fishing vessels to exploit in the sea area of another country or territory must meet the following conditions:

a) Must have a cooperation agreement for fisheries exploitation with organizations or individuals of that country or territory, approved by the competent authority of that country or territory or according to the content of the Fisheries Cooperation Agreement between that country or territory and the Socialist Republic of Vietnam;

b) Must meet the conditions regarding fishing vessels, crew members, and personnel on fishing vessels as stipulated in Clause 1 and Clause 2 of this Article;

c) Must meet other conditions prescribed by the laws of the host country (if applicable)."

4. Article 7 shall be amended as follows:

"Article 7. Procedures and sequence for issuing permits for fishing vessels to exploit fisheries in the sea area of another country or territory and returning documents submitted by organizations and individuals when obtaining permits.

1. Organizations and individuals shall submit the dossier to the General Department of Fisheries under the Ministry of Agriculture and Rural Development. The dossier shall consist of one (01) set, including:

a) Application for issuance of permit for fishing vessels to exploit fisheries in the sea area of another country or territory;

b) A fisheries cooperation contract for fishing in the waters of another country or territory approved by the competent authority of that country or territory (certified copy);

c) Certificate of registration for fishing vessels (photocopy);

đ) List, photographs, and passport numbers of crew members and persons working on fishing vessels;

e) Captain's license and chief engineer's license (photocopy).

2. Within five working days from the date of receiving all required documents as prescribed, the Fisheries General Department shall examine the application and issue permission for fishing vessels to fish in the waters of another country or territory (in both Vietnamese and English).

In case of refusal to grant permission, the Fisheries General Department must provide a written response to the vessel owner stating the reasons.

3. Within five working days from the date of receiving all required documents as prescribed, the Fisheries General Department shall examine the application, issue permission for fishing vessels to fish in the waters of another country or territory, and related documents (in both Vietnamese and English), including:

a) Permit for fishing vessels to fish in the waters of another country or territory;

b) Certificate of registration for fishing vessels;

c) Safety technical certificate for fishing vessels;

d) List, photographs, and passport numbers of crew members and persons working on fishing vessels.

4. After issuing permission for fishing vessels to fish in the waters of another country or territory, within two working days from the date of issuance, the Fisheries General Department must notify the People's Committee of the province where the fishing vessel is registered and the Ministries of National Defense, Public Security, and Foreign Affairs to coordinate monitoring and management.

5. Organizations and individuals who receive the permit for fishing vessels to fish in the waters of another country or territory and related documents must return the following documents to the Fisheries General Department:

a) Fishing permit (original);

b) Certificate of registration for fishing vessels (original);

c) Safety technical certificate for fishing vessels (original).

6. To reclaim the submitted documents, organizations and individuals must submit a request for reclamation of the documents to the Fisheries General Department (according to the form prescribed in Appendix II attached to this Decree).

Within two working days from the date of receipt of the request as prescribed, the Fisheries General Department must return the documents that the organization or individual has submitted.

5. Supplement Clause 6 and Clause 7 to Article 9 as follows:

"Article 9. Responsibilities of organizations and individuals engaged in fishing activities in foreign waters outside Vietnam's Exclusive Economic Zone

6. Before leaving the port of another country or territory to return to Vietnam, the captain or owner of the vessel must report to the Fisheries General Department or the provincial or centrally-administered city fisheries management agency where the fishing vessel is registered, via communication means or in writing at least five days before the expected arrival at a Vietnamese port.

7. Responsibilities of organizations and individuals organizing Vietnamese fishing vessels to fish in the waters of another country or territory:

a) May only organize Vietnamese fishing vessels to fish in the waters of another country or territory after obtaining permission from the Fisheries General Department for the fishing vessel to fish;

b) Provide guidance and disseminate information to the captain and crew of the fishing vessel regarding their rights and responsibilities when conducting fishing activities in the waters of another country or territory; sign labor contracts and comply with labor laws;

c) Coordinate with relevant authorities to resolve and handle incidents involving persons and fishing vessels organized by the organization or individual to fish in the waters of another country or territory;

d) Advance funds to repatriate the captain, crew, and other persons working on the fishing vessel and other risk-related expenses (if any);

đ) Comply with the provisions of Decree No. 33/2010/NĐ-CP, this Decree, and other relevant laws.

6. Replace Appendix I of Decree No. 33/2010/NĐ-CP with Appendix III issued together with this Decree.

Article 4. Amending, supplementing, and abolishing certain provisions of Decree No. 32/2010/NĐ-CP dated March 30, 2010 of the Government on managing fishing activities of foreign fishing vessels in Vietnam's maritime zones "Article 3. Interpretation of terms

a) Products with the same functions and purposes, made from the same raw materials or materials but different in design and appearance;

2. Vietnam’s maritime zones are the maritime zones under the sovereignty, sovereign rights, and jurisdiction of the Socialist Republic of Vietnam as prescribed in the Law on National Borders dated June 17, 2003."

2. Amend Clause 3 and supplement Clause 5 to Article 4 as follows:

"Article 4. Principles for fishing activities of foreign fishing vessels in Vietnam’s maritime zones

3. Foreign fishing vessels may only engage in fishing activities in Vietnam’s maritime zones when they have been issued a Fishing Operation Permit by the competent authority and a Radio Frequency and Equipment Usage Permit by the Radio Frequency Administration Department under the Ministry of Information and Communications (except for foreign fishing vessels engaged in transporting fishery products).

5. Foreign fishing vessels engaging in fishing activities in Vietnam’s maritime zones must fly the Vietnamese flag throughout their operations. The Vietnamese flag must be flown alongside the national flag of the vessel and must be of equal height."

3. Amend Article 5 as follows:

"Article 5. Fishing Operation Permit for foreign fishing vessels

1. The Fishing Operation Permit (hereinafter referred to as the permit) shall be issued for each individual fishing vessel. A single owner of fishing vessels may apply for permits for multiple fishing vessels.

The contents of the permit shall be in accordance with the model prescribed in Appendix I promulgated together with Decree No. 32/2010/NĐ-CP.

2. For foreign fishing vessels engaged in transporting fishery products, the validity period of the permit shall not exceed twelve months. For other foreign fishing vessels engaged in fishing activities, the validity period of the permit shall be in accordance with the duration of the cooperation project but shall not exceed thirty-six months.

3. The permit may be renewed up to two times, with each renewal period not exceeding twelve months."

4. Amend Article 8 as follows:

"Article 8. Procedures and formalities for issuing, reissuing, and renewing permits

1. Application dossier for initial issuance of a permit shall consist of one set, including:

a) An application form for a permit for a fishing vessel as prescribed in Appendix III promulgated together with Decree No. 32/2010/NĐ-CP;

b) A cooperation project for surveying and exploring fishery resources approved by the Prime Minister (certified copy) or a cooperation project for technical training and technology transfer in fisheries approved by the Minister of Agriculture and Rural Development (certified copy) or a project for collecting and transporting fishery products approved by the Chairman of the People's Committee of a province or centrally-administered city (certified copy).

c) Certificate of registration of fishing vessel (certified copy);

d) Certificate of technical safety of fishing vessel (certified copy);

đ) Master's license, engineer's license (certified copy);

e) List, photographs, and passports of crew members and workers on board the fishing vessel (clearly stating full name, position, contact address).

2. Application dossier for reissuing a permit shall consist of one set, including:

a) An application form for reissuing a permit as prescribed in Appendix IV promulgated together with Decree No. 32/2010/NĐ-CP;

b) The previously issued permit (in case the permit is torn or damaged);

c) Report on changes to the fishing vessel (if applicable), accompanied by the documents specified in Points c, d, đ, e of Clause 1 of this Article;

d) Report on changes to the registered port or change in occupation (if applicable).

3. Application dossier for renewing a permit shall consist of one set, including:

a) An application form for renewing a permit as prescribed in Appendix V promulgated together with Decree No. 32/2010/NĐ-CP;

b) Previously issued permit (photocopy);

c) Certificate of technical safety of fishing vessel (photocopy);

d) Report on the operation status of the fishing vessel during the period covered by the permit;

đ) Logbook of fishery exploitation, for fishing vessels engaged in fishery exploitation during the period covered by the permit.

4. Organizations and individuals applying for issuance, renewal, or reissuance of a permit shall submit the application dossier to the Fisheries General Department, Ministry of Agriculture and Rural Development (either in person or by mail).

5. Organizations and individuals applying for issuance of a permit or persons authorized to receive results shall collect the results at the Fisheries General Department, Ministry of Agriculture and Rural Development or request the issuing authority to return the results via postal service."

5. Supplement Clause 5 to Article 10 as follows:

"Article 10. Situations for revoking permits

5. Failure to comply with reporting, recording, and submitting logbook requirements as stipulated."

"Article 11. Competent Authority for Issuing, Reissuing, and Renewing Permits

6. Article 11 is amended as follows:

1. The Fisheries General Department, Ministry of Agriculture and Rural Development is the competent authority for issuing, reissuing, renewing, and revoking permits for foreign fishing vessels operating in Vietnam’s maritime zones.

2. Timeframes for initial issuance, reissuance, and renewal of permits are as follows:

a) Not more than five working days from the date all required documents are received, for initial issuance;

b) Not more than five working days from the date all required documents are received, for reissuance;

c) Not more than three working days from the date all required documents are received, for renewal."

7. Amend Clause 9 of Article 13 as follows:

"Article 13. Responsibilities of owners of foreign fishing vessels

9. Foreign fishing vessels granted a permit for fishing operations in Vietnam’s maritime zones may only dock, collect, receive goods, or sell fishery products at ports listed in the Fishing Operation Permit."

8. Replace Appendix I of Decree No. 32/2010/NĐ-CP with Appendix IV promulgated together with this Decree.

9. Replace Appendix II of Decree No. 32/2010/NĐ-CP with Appendix V promulgated together with this Decree.

Replace Appendix II of Decree No. 32/2010/NĐ-CP with Appendix V attached to this Decree.

Article 5. Amending, supplementing, and abolishing certain articles of Decree No. 52/2010/NĐ-CP dated May 17, 2010 of the Government on the importation of fishing vessels 2 ||| Article 52/2010/NĐ-CP dated May 17, 2010 of the Government on the importation of fishing vessels

1 ||| Paragraph 1. Article 4 shall be amended as follows:

"Article 4. Conditions for imported fishing vessels

1. Legally sourced.

2. Steel-hulled vessel with total main engine power of 400 HP or more.

3. The age of the vessel does not exceed eight (08) years (calculated from the year of construction to the date of importation); the main engine of the vessel (calculated from the year of production to the date of importation) does not exceed two (02) years compared to the age of the vessel (for used fishing vessels).

4. Must be inspected by the Vietnamese Fishing Vessel Inspection Authority before bringing the vessel back to Vietnam (for used fishing vessels).

These conditions do not apply to cases where fishing vessels are provided as aid to Vietnam by the Government, organizations, or individuals from foreign countries."

2 ||| Abolish Article 5 and Article 6.

3 ||| Paragraph 3. Article 7 shall be amended as follows:

"Article 7. Procedures and formalities for importing fishing vessels

1. Organizations and individuals importing fishing vessels must submit an application for importation (according to the form prescribed in Appendix I issued together with Decree No. 52/2010/NĐ-CP), along with the dossier sent to the Department of Agriculture and Rural Development at the location where the organization has its headquarters or representative office, or where the individual has permanent residence registration. In case the dossier is incomplete according to regulations, within one (01) working day, the Department of Agriculture and Rural Development must notify the organization or individual applying for the importation of fishing vessels to supplement the dossier.

2. Within three (03) working days from the date of receiving the complete dossier as prescribed, the Department of Agriculture and Rural Development must provide comments and transfer the entire dossier to the General Fisheries Department.

3. Within five (05) working days from the date of receiving the dossier as prescribed, the General Fisheries Department will examine and issue a permit for the importation of fishing vessels (according to the form prescribed in Appendix VI issued together with this Decree). In case the importation of fishing vessels is not permitted, within three (03) working days from the date of receiving the dossier as prescribed, the General Fisheries Department must reply in writing and specify the reasons.

4. The permit for the importation of fishing vessels shall be sent to the organization or individual applying for the importation of fishing vessels, and simultaneously sent to relevant agencies: the Department of Agriculture and Rural Development at the place where the owner of the fishing vessel has permanent residence registration, the Ministry of National Defense (Border Guard Command), the Ministry of Finance, and the General Customs Department."

4 ||| Clause 4, Article 12 shall be amended as follows:

"Article 12. Registration of imported fishing vessels

4. Issuing the Certificate of Registration of Fishing Vessels

Within three (03) working days from the date of receiving the complete dossier as prescribed, the registration authority is responsible for issuing the Certificate of Registration of Fishing Vessels and entering it into the Register of Vietnamese Fishing Vessels.

In case the dossier is incomplete according to regulations, the registration authority must notify the organization or individual importing the vessel within two (02) working days from the date of receipt of the dossier to supplement the dossier."

5 ||| Article 13 shall be amended as follows:

"Article 13. Dossier for registering fishing vessels without a term

1. An organization or individual submits one (01) set of the registration dossier at the registration authority at the location where the organization or individual has its headquarters or permanent residence registration:

a) Application for registration of fishing vessels according to the form prescribed in Appendix II issued together with Decree No. 52/2010/NĐ-CP;

b) Permit for importation of fishing vessels from the competent authority (certified copy);

c) Certificate of deregistration (original) accompanied by a Vietnamese translation (certified copy) for used fishing vessels;

d) Customs declaration with confirmation that customs procedures have been completed (certified copy);

đ) Receipts for payment of taxes as prescribed by Vietnamese law (certified copy);

e) Two (02) color photographs of the imported fishing vessel (9x12 cm), taken from the side of the vessel.

2. The dossier must be presented at the registration authority, including: the factory's delivery dossier for newly built fishing vessels."

6 ||| Article 15 shall be amended as follows:

"Article 15. Competent authority for deciding on the importation of fishing vessels

The General Fisheries Department under the Ministry of Agriculture and Rural Development is the competent authority for deciding on the importation of fishing vessels."

7 ||| Article 16 shall be amended as follows:

"Article 16. Competent authority for registering imported fishing vessels

The People's Committee of the province organizes the registration of imported fishing vessels and crew members; compiles statistics on imported fishing vessels in the locality and reports periodically to the General Fisheries Department under the Ministry of Agriculture and Rural Development."

Article 6. Implementation Provisions

1 ||| This Decree takes effect from August 10, 2012.

2 ||| This Decree abolishes the following provisions of the following Decrees:

a) Clause 1, Clause 2, Clause 3, Clause 4 of Article 6 and Article 7 of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in some aquatic industries;

b) Clause 5 and Clause 6 of Article 1 of Decree No. 14/2009/NĐ-CP dated February 13, 2009 of the Government amending and supplementing some articles of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in some aquatic industries;

c) Article 6, Article 7, and Appendix I of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on management of aquaculture activities by Vietnamese organizations and individuals in various sea areas;

d) Clause 2 of Article 3, Clause 3 of Article 4, Article 5, Article 8, Article 11, Clause 9 of Article 13, Appendix I, and Appendix II of Decree No. 32/2010/NĐ-CP dated March 30, 2010 of the Government on management of aquaculture activities by foreign fishing vessels in Vietnamese waters;

đ) Article 4, Article 5, Article 6, Article 7, Clause 4 of Article 12, Article 13, Article 15, and Article 16 of Decree No. 52/2010/NĐ-CP dated May 17, 2010 of the Government on the importation of fishing vessels.

Article 7. Responsibilities for Organizing Implementation

1 ||| The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and sectors 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./.