Decree No. 66/2005/NĐ-CP on Ensuring Safety for Persons and Fishing Vessels Engaged in Aquatic Activities

DECREE OF THE GOVERNMENT

Regarding the safety of persons and fishing vessels
engaged in aquatic activities

THE GOVERNMENT

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

Based on the Fisheries Law dated November 26, 2003;

At the proposal of the Minister of Fisheries,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the safety measures for persons and fishing vessels engaged in aquatic activities in Vietnam's maritime areas and other natural water bodies, including: responsibilities of the vessel owner, captain, and crew members; inspection and registration of fishing vessels and crew members; responsibilities of state management agencies regarding the safety of persons and fishing vessels engaged in aquatic activities.

Article 2. Applicability

Vietnamese organizations and individuals, as well as foreign organizations and individuals, conducting aquatic activities in Vietnam's maritime areas and other natural water bodies must comply with the provisions of this Decree and related laws.

In cases where international treaties to which the Socialist Republic of Vietnam is a member have different provisions from those of this Decree, the provisions of such international treaties shall be applied.

Article 3. Explanation of terms

1. Fishing vessel owner: is an organization or individual owning, managing, and using fishing vessels.

2. Captain: is the person commanding the fishing vessel for motorized fishing vessels with a total main engine power of 20 horsepower or more, or non-motorized fishing vessels with a designed waterline length of 15 meters or more.

3. Fishing vessel operator: is the person directly controlling the fishing vessel for motorized fishing vessels with a total main engine power under 20 horsepower or non-motorized fishing vessels with a designed waterline length under 15 meters.

4. Fishing vessel crew: includes the captain, officers, and other positions assigned to work on the vessel.

5. Persons working on fishing vessels: are those not included in the crew roster: enforcement officials, scientific researchers, and intern students.

Article 4. Principles for ensuring safety during operations for persons and fishing vessels

1. Ensuring safety for persons and fishing vessels requires the simultaneous implementation of tasks: adhering to technical safety regulations for fishing vessels from the construction phase; developing and improving infrastructure serving the fishing industry (fish ports, docks, anchorage areas for typhoon shelters, and communication systems...); promoting, disseminating, and educating the law to fishermen and the community.

2. Ensuring safety for persons and fishing vessels is the responsibility of fishermen and relevant agencies, organizations, and individuals.

PART II
RESPONSIBILITIES OF THE VESSEL OWNER, CAPTAIN, AND
CREW MEMBERS IN ENSURING SAFETY

Article 5. For the fishing vessel owner

1. Ensure that the fishing vessel is always in a safe condition.

2. Equip sufficient safety, rescue, information devices, and personal protective equipment for persons and fishing vessels according to prescribed standards. Develop and promulgate internal rules and procedures for the use of safety equipment on fishing vessels.

3. Enter into labor contracts with crew members and workers in accordance with the law; regularly monitor the number of crew members and workers on fishing vessels, the operating sea areas of fishing vessels, and report to local fisheries management authorities when required; be ready to dispatch fishing vessels to perform flood and storm prevention and search and rescue missions upon orders from competent authorities.

4. For distant-water fishing vessels, the fishing vessel owner must purchase crew accident insurance and notify the fisheries management authority where the fishing vessel is registered of the vessel's communication frequency.

5. Urge the captain to check the safety status of the vessel, safety equipment, and rescue equipment for persons and vessels before leaving the port, strictly implement reporting procedures when entering and exiting ports and docks, and ensure inland waterway traffic safety and maritime safety.

6. Organize training and dissemination of knowledge on safety for crew members and persons working on fishing vessels.

Article 6. For the Captain and Fishing Vessel Operator

1. Ongoing responsibilities:

a) Promote, guide, and urge crew members and persons working on fishing vessels to comply with safety regulations while working on fishing vessels; assign tasks to each crew member and organize practical exercises for crew members and persons working on fishing vessels to practice safety measures;

b) Inspect crew members, persons working on fishing vessels, and fishing vessels for navigation equipment, safety equipment, and vessel and crew member documents before departure;

c) Report the operational area, actual number of crew members and persons working on fishing vessels, and present relevant documents to competent authorities when requested;

2. Responsibilities in case of typhoons or floods:

a) Urge crew members and persons working on fishing vessels to stand watch and be prepared to mobilize the vessel to respond to typhoons or floods and assist other fishing vessels in case of accidents;

b) When the typhoon is far away: inform crew members and persons working on fishing vessels, inspect safety equipment, and continuously monitor weather conditions via the Voice of Vietnam Radio Station; maintain close contact with coastal radio stations and inform other fishing vessels operating in the same area;

c) When the typhoon is near: inform crew members and persons working on fishing vessels, quickly issue orders to haul in nets and leave the fishing grounds to reach the nearest safe location; inform other fishing vessels operating in the same area;

d) In case of urgent typhoon warnings: order crew members and persons working on fishing vessels to put on life jackets, place rescue equipment in readiness, and move the fishing vessel to the nearest safe location; mobilize the fishing vessel and crew members to rescue when discovering other persons and fishing vessels in distress;

In cases of force majeure, the captain has the right to decide on emergency measures to promptly move the fishing vessel to a safe location.

e) When the fishing vessel is within the typhoon area: directly control and command the vessel; use all means and experience to ensure safety for persons and fishing vessels. Timely report to coastal radio stations and nearby fishing vessels about the position of the fishing vessel and send distress signals if the vessel is in danger; participate in rescue efforts when discovering other persons and fishing vessels in distress;

f) After the typhoon subsides: promptly report to the vessel owner, local authorities where the vessel resides or is moving to, about the condition of persons and the fishing vessel, and simultaneously recheck the safety condition of the fishing vessel before resuming operations.

3. Responsibilities in other situations:

a) When discovering another fishing vessel in distress, it must be promptly brought to provide timely rescue support and report to the nearest coastal radio station;

b) Strictly comply with orders to mobilize vessels for search and rescue missions issued by competent authorities;

c) When the vessel encounters an accident, immediate response measures must be taken and reported to the nearest coastal radio station.

Article 7. Regarding crew members

1. Crew members working on fishing vessels must meet the following conditions:

a) Be in good health;

b) Hold certificates or qualifications corresponding to their positions on fishing vessels as stipulated by the Ministry of Fisheries;

c) Crew members working on fishing vessels as specified must have insurance certificates for seafarer accidents.

2. Responsibilities and rights of crew members:

a) Comply with regulations concerning safety for persons and fishing vessels, and follow the captain's orders during storms and other legal provisions;

b) Upon discovering an accident on their own fishing vessel or another fishing vessel, they must immediately report to the captain;

c) Strictly comply with legal provisions regarding labor contracts;

d) Have the right to refuse work on a fishing vessel if it does not meet safety standards.

Article 8. Regarding persons working on fishing vessels

1. Persons working on fishing vessels must meet the following conditions:

a) Be in good health;

b) Hold a decision or introduction letter to work on fishing vessels from authorized agencies;

c) Understand safety regulations.

2. Responsibilities and rights of persons working:

a) Comply with regulations concerning safety for persons and fishing vessels;

b) Follow the captain's orders and other legal provisions;

c) Upon discovering an accident on their own fishing vessel or another fishing vessel, they must immediately report to the captain;

d) Have the right to refuse work on a fishing vessel if it does not meet safety standards.

Article 9. Ensuring safety for fishing vessels

1. Fishing vessels when operating must comply with the following regulations:

a) Equip with sufficient safety equipment;

b) Have sufficient crew members with appropriate positions;

c) Possess all required documents for the vessel and persons onboard;

d) Only operate according to the content recorded in the permit or registration;

đ) Strictly implement inland waterway traffic safety rules and maritime safety regulations.

2. Fishing vessels subject to inspection can only operate after being inspected, registered, and having received relevant documents from authorized agencies.

3. For fishing vessels not required to undergo mandatory inspection, the owner of the fishing vessel bears full responsibility for the technical safety of the vessel.

CHAPTER III
INSPECTION OF FISHING VESSELS, REGISTRATION OF FISHING VESSELS AND CREWMEN

Article 10. Inspection of fishing vessels

1. The following types of fishing vessels are subject to inspection:

a) Motorized fishing vessels with a total main engine power of 20 horsepower or more, or non-motorized fishing vessels with a designed waterline length of 15 meters or more;

b) Fish rafts and other floating structures serving aquaculture activities on lakes, rivers, and seas with a total volume of 50 cubic meters or more.

2. Equipment installed on vessels subject to inspection includes:

a) Maritime safety and life-saving equipment;

b) Aquaculture harvesting equipment;

c) Equipment requiring strict safety standards.

Article 11. Registration of fishing vessels

1. All types of fishing vessels must be registered.

2. Fishing vessels may only be registered at one registration authority where the owner of the fishing vessel has its headquarters or permanent residence registration.

3. The following types of fishing vessels will be issued a certificate of fishing vessel registration:

a) Motorized fishing vessels with a total main engine power of 20 horsepower or more, or non-motorized fishing vessels with a designed waterline length of 15 meters or more;

b) Fish rafts and other floating structures serving aquaculture activities on lakes, rivers, and seas with a total volume of 50 cubic meters. or more.

4. Other types of fishing vessels, except those mentioned in Clause 3 of this Article, shall be entered into the fishing vessel registration book for management after registration.

5. Conditions for registering fishing vessels:

a) The fishing vessel has a legal origin; there is a document approving the construction or modification of the fishing vessel from the competent fisheries management agency;

b) Ensure technical safety in accordance with legal provisions.

6. A fishing vessel may be re-registered when ownership changes, technical features change, or the owner of the fishing vessel changes their headquarters or moves their permanent residence registration to another province or centrally administered city.

7. The owner of the fishing vessel must declare to cancel the registration of the fishing vessel in cases where the fishing vessel is missing, sunk, or scrapped.

Article 12. Registration of crew members

1. Crew members working on fishing vessels specified in Clause 3 of Article 11 of this Decree must implement the crew member registration system.

2. Crew members working on the following types of fishing vessels must hold a fishing vessel crew member book:

a) Fishing vessels with a total main engine power of 90 horsepower or more;

b) Fisheries patrol vessels, fishery resource survey vessels, marine research vessels.

3. Crew members on fishing vessels operating in nearshore (inshore) and offshore (offshore) areas must be listed in the fishing vessel crew member directory.

4. Crew members on fishing vessels other than those mentioned in Clauses 2 and 3 of this Article, the owner of the fishing vessel must prepare a list of crew members for declaration and carry it on board.

Article 13. Responsibilities of agencies and individuals in the work of inspecting, registering fishing vessels and crew members.

1. The owner of the fishing vessel is responsible for:

a) Inspecting, registering fishing vessels and crew members in accordance with legal provisions;

b) Bringing the fishing vessel for inspection within the prescribed period;

c) Ensuring the maintenance of technical condition and safety standards of the fishing vessel between inspections as stipulated.

2. The fishing vessel inspection agency must conduct technical safety inspections of fishing vessels in accordance with industry regulations, national standards, and Vietnamese standards. The head of the fishing vessel inspection agency and the person directly conducting the technical safety inspection must be responsible for the results of the inspection.

3. The inspection and registration agencies of fishing vessels and crew members, within their jurisdiction, are responsible for inspecting, registering fishing vessels and crew members in accordance with legal provisions.

PART IV
RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS AND ORGANIZATIONS AND INDIVIDUALS PROVIDING SERVICES IN IMPLEMENTING SERVICE PRICES
ON ENSURING SAFETY FOR PERSONS AND FISHING VESSELS
AQUACULTURE ACTIVITIES

Article 14. Responsibilities of the Ministry of Fisheries

1. Implement state management functions to ensure safety for persons and fishing vessels engaged in aquaculture activities; organize the implementation of fishing vessel inspections, registrations, crew member registrations, and issuance of aquaculture exploitation permits within their jurisdiction; guide provincial People's Committees and centrally administered city People's Committees to organize the implementation of registrations and inspections for various types of fishing vessels and crew members within their jurisdiction.

2. The Ministry of Fisheries shall specify the following:

a) Organization, operation, and authority of the vessel inspection and registration agency for fishing vessels and crew members;

b) Procedures and formalities for vessel inspection and registration for fishing vessels and crew members; changing vessel names; re-registration and transfer of registration; cancellation of registration; registration of pledges and maritime detention of fishing vessels;

c) Documents and forms used in the registration and inspection work for fishing vessels and crew members;

d) Issuance of certificates of technical safety for fishing vessels; issuance of crew member books for fishing vessels;

đ) National model registration plates for fishing vessels;

e) Job titles, responsibilities, number of crew members for each type of fishing vessel, industry standards applicable to fishing vessels;

g) Training, examination, and issuance of certificates for crew members corresponding to each type of fishing vessel;

h) Safety conditions for people and fishing vessels for types of vessels not required to undergo inspection.

3. Coordinate with relevant ministries, sectors, People's Committees of provinces and centrally-run cities to organize and direct activities to ensure safety for people and fishing vessels; prevent and combat floods, typhoons, search and rescue operations, and mitigate consequences, while contributing to maintaining public security on water areas.

4. Take the lead and coordinate with relevant ministries and sectors to develop and implement programs ensuring safety for people and means of transportation engaged in fisheries activities.

Article 15. Responsibilities of Relevant Ministries and Sectors

1. The Ministry of Transport shall take the lead and coordinate with the Ministry of Fisheries to guide the implementation of maritime safety and inland waterway traffic safety work; regularly inspect, maintain, and repair sea port channels and buoy systems in sea port waters, inland waterway waters, and marine safety lights; direct the organization of the Vietnam Marine Safety Authority to hoist storm warning signals on marine lights when there is a forecast of storms or tropical depressions.

2. The Ministry of National Defense shall take the lead and coordinate with the National Committee for Search and Rescue and the Central Steering Committee for Flood and Storm Prevention to fire storm warning signals at key fishery harbors, ports, and fishing grounds when there is a storm; direct border guards, coast guard forces, and cooperate with police and inspection forces to strictly control and firmly prohibit people and fishing vessels from operating if they do not have adequate safety equipment; promptly rescue people and fishing vessels in necessary situations.

3. The Ministry of Natural Resources and Environment, the Ministry of Culture, Sports and Tourism, Voice of Vietnam Radio, Vietnam Television, and local radio and television stations shall be responsible for collecting, monitoring, and promptly reporting weather and hydrological information related to fisheries activities.

Article 16. Responsibilities of People's Committees of Provinces and Centrally-Run Cities

1. Propagate and educate fishermen and owners of fishing vessels about the benefits and importance of fully equipping safety devices and purchasing crew member accident insurance to ensure safety for people and fishing vessels during fisheries activities; strengthen training in knowledge and skills to ensure maritime safety for fishermen.

2. Direct specialized agencies to implement: registration of fishing vessels, registration of crew members; inspect and issue certificates of technical safety for fishing vessels as prescribed; issue permits for fisheries exploitation.

3. Organize and direct production development while ensuring safety for people and fishing vessels, maintaining public security on water areas under their management.

4. Promptly implement directives of the Central Steering Committee for Flood and Storm Prevention and the National Committee for Search and Rescue; grasp the number of people, fishing vessels, and operational areas; promptly inform about weather conditions to people and fishing vessels operating in water areas under their management; organize search and rescue operations, help fishermen quickly overcome consequences and stabilize their lives and production.

5. Plan and implement local storm information systems, anchorage areas for fishing vessels, and construction of fishing ports and berths.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 17. Effectiveness

This Decree replaces Government Decree No. 72/1998/NĐ-CP dated September 15, 1998 on Ensuring Safety for People and Fishing Vessels Operating at Sea, Government Decree No. 80/2002/NĐ-CP dated October 15, 2002 amending and supplementing certain articles of Government Decree No. 72/1998/NĐ-CP dated September 15, 1998, and provisions on registration and inspection of fishing vessels stipulated in Government Decree No. 91/CP dated August 23, 1997 on the issuance of regulations on vessel registration and crew members.

This Decree takes effect fifteen days after its publication in the Official Gazette.

Article 18. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.