Joint Circular No. 600/1999/TTLT/BGTVT-BTS guiding the implementation of Government Decree No. 72/1998/NĐ-CP dated September 15, 1998 on ensuring safety for persons and fishing vessels operating at sea.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 72/1998/NĐ-CP

dated September 15, 1998 of the Government on Ensuring Safety for Fishermen and Fishing Vessels Operating at Sea

Implementation of Decree No. 72/1998/NĐ-CP dated September 15, 1998 of the Government on Ensuring Safety for Fishermen and Fishing Vessels Operating at Sea, the Ministry of Transport and the Ministry of Fisheries guide the implementation of Article 10 and Article 11 of the above Decree as follows:

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I. ASSIGNMENT OF RESPONSIBILITIES FOR MANAGING FISHING VESSELS:

1. Responsibilities of the Vietnam Maritime Administration:

The Vietnam Maritime Administration assists the Ministry of Transport in performing its function of registering ships in accordance with Decree No. 91/CP dated August 23, 1997 of the Government and ensuring maritime safety in accordance with Decree No. 72/1998/NĐ-CP dated September 15, 1998 of the Government, specifically as follows:

1.1. Direct the organization responsible for ensuring maritime safety to consolidate channel systems, buoys, and lighthouses to ensure maritime safety and develop projects to install storm warning signals on lighthouses serving fishing activities to be submitted to the Ministry of Transport for approval and implementation.

1.2. Direct coastal radio stations to implement watchkeeping duties and handle information on distress frequencies for maritime safety in accordance with Vietnamese laws and international conventions.

1.3. Direct the Vietnam Marine Safety Inspectorate to strengthen inspections to ensure technical safety for fishing vessels in port waters and marine areas.

1.4. Coordinate with the Joint Rescue Coordination Centre for Fisheries to carry out search and rescue operations for fishermen and fishing vessels operating at sea.

1.5. Coordinate with the Vietnam Fisheries Resource Protection Bureau to develop training programs and curricula for maritime knowledge, international maritime law, and safety programs to educate fishermen through mass media or training courses organized by the Fisheries sector.

2. Responsibilities of the Vietnam Ship Survey Bureau:

The Vietnam Ship Survey Bureau assists the Ministry of Transport in performing state management functions regarding ship survey work, specifically as follows:

2.1. Organize the inspection and issuance of certificates of technical safety for fishing vessels with a designed waterline length over 20 meters (including fishing vessels made from new materials with a designed waterline length over 20 meters), foreign fishing vessels of any size operating in Vietnam, and Vietnamese fishing vessels of any size operating abroad.

2.2. Develop and submit to competent authorities for promulgation procedures, regulations, and technical standards applicable to design, construction, repair, conversion, and use of fishing vessels, in line with economic and social conditions and the practical realities of the Vietnamese fishing industry.

2.3. Uniformly manage ship survey operations nationwide; establish standards, training programs, and organize training for issuing ship surveyor certificates.

2.4. Develop and issue guidelines and forms for use in ship survey operations to be uniformly applied throughout the country.

2.5. Coordinate with the Vietnam Fisheries Resource Protection Bureau and the Vietnam Maritime Administration in managing the registration and survey of fishing vessels.

3. Responsibilities of the Vietnam Fisheries Resource Protection Bureau:

The Vietnam Fisheries Resource Protection Bureau assists the Ministry of Fisheries in performing state management functions regarding the registration, survey, and issuance of permits for Vietnamese fishing vessels and fishermen, specifically as follows:

3.1. Organize the registration and issuance of fishing permits for all fishing vessels and crew members in accordance with the Fisheries Resources Protection and Development Ordinance and Decree No. 91/CP dated August 23, 1997 of the Government.

3.2. Organize the inspection and issuance of certificates of technical safety for Vietnamese fishing vessels operating domestically with a designed waterline length of 20 meters or less (including fishing vessels made from new materials with a designed waterline length of 20 meters or less).

3.3. Organize propaganda and guidance for fishermen to ensure safety when engaging in fishing activities at sea.

3.4. Develop and implement regulations governing the operation of fishing vessels and crew members.

3.5. Coordinate with the Vietnam Ship Survey Bureau to develop procedures, regulations, technical standards, application guidelines, and training programs for ship surveyors.

3.6. Coordinate with the Vietnam Ship Survey Bureau to organize training for ship surveyors.

3.7. Establish a ship survey system for fishing vessels that aligns with the general structure of the Vietnam Ship Survey Bureau to be submitted to the Ministry of Fisheries for approval.

3.8. Coordinate with relevant departments and organizations to implement search and rescue operations for fishermen and fishing vessels operating at sea.

3.9. Direct the Fisheries Resource Protection Inspectorate to strengthen inspections and supervision of the activities of fishermen and fishing vessels.

3.10. Develop statistical and reporting systems to manage the registration and survey of fishing vessels and crew members. Publish the Fishing Vessel Register every two years and update it annually.

3.11. Coordinate with the Vietnam Ship Survey Bureau and the Vietnam Maritime Administration in managing the registration and survey of fishing vessels and ensuring maritime safety.

The Vietnam Maritime Administration, the Vietnam Ship Survey Bureau, and the Vietnam Fisheries Resource Protection Bureau are tasked with strictly implementing Decree No. 72/1998/NĐ-CP dated September 15, 1998 of the Government, the circular guiding the implementation of this Decree, and regularly report the results of implementation to the two Ministries.

II. IMPLEMENTATION:

The Vietnam Ship Survey Bureau and the Vietnam Fisheries Resource Protection Bureau are tasked with coordinating to implement ship survey work for fishing vessels in accordance with the provisions of Decree No. 72/1998/NĐ-CP dated September 15, 1998 of the Government. During the implementation process, if any issues arise, the two Bureaus are required to promptly report them to the two Ministries for resolution.

Any amendments or supplements to the content of this circular shall be reviewed and decided by the Minister of Transport and the Minister of Fisheries.

The amendment and supplementation of the contents of this Circular shall be examined and decided by the Minister of Transport and the Minister of Fisheries.