Decree No. 72/1998/NĐ-CP on Ensuring Safety for Fishermen and Fishing Vessels Operating at Sea

DECREE OF THE GOVERNMENT
VTo ensure safety for persons and fishing vessels operating at sea

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Labor Code dated June 23, 1994;

Pursuant to the Flood and Storm Control Ordinance dated March 20, 1993;

Considering the proposal of the Minister of Fisheries,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. This Decree applies to persons and fishing vessels of Vietnam operating within Vietnam's maritime zones. Persons and fishing vessels must comply with the provisions of this Decree and relevant current laws.

Article 2. The terms used in this Decree shall be understood as follows:

1. "Fishing vessel" includes: ships, boats, and mobile and non-mobile equipment on the sea used for fishing activities.

2. "Fishing activity" refers to activities such as: harvesting, processing, aquaculture, logistics services, collection of aquatic products; investigation, exploration, inspection, and protection of aquatic resources.

3. "Vessel owner" means the owner or captain, or manager of the vessel.

PART II
CONDITIONS FOR PERSONS AND FISHING VESSELS OPERATING AT SEA AND RESPONSIBILITIES OF FISHERMEN

Article 3. Fishing vessels operating at sea must have the following documents and conditions:

1. Certificate of registration for fishing vessels.

2. Safety technical certificate for the vessel.

3. Fishing operation permit.

4. Crew logbook (for vessels required to have a crew logbook).

Article 4. The vessel owner must compulsorily implement:

1. Equipping sufficient safety and rescue devices for persons and vessels according to prescribed standards.

2. Purchasing insurance for crew members.

3. Purchasing hull insurance for distant water fishing vessels.

4. Establishing and promulgating internal regulations and procedures for safe use of equipment on the vessel.

5. Urging the captain to strictly comply with reporting requirements when going out to sea and returning to port or anchorage as stipulated in Clause 4, Article 6 of this Decree.

6. Organizing training and disseminating knowledge to ensure safe navigation for crew members.

7. Regularly keeping track of the number of crew members and vessels, the areas where vessels operate, and reporting to the competent authority or local government where they reside upon request; being ready to dispatch vessels for flood, storm prevention, and search and rescue missions upon orders from authorized authorities.

Article 5. The captain of a fishing vessel must hold a certificate appropriate to the size and type of the vessel (for vessels requiring a captain to hold a certificate).

Article 6. The captain of a fishing vessel is the highest commander on the vessel, regularly responsible for:

1. Promoting, guiding, and urging crew members to comply with regulations on safety while operating at sea; assigning tasks to each crew member and organizing practical exercises for them to ensure safety.

2. Inspecting crew members and vessels regarding safety equipment, crew insurance cards, and vessel hull insurance cards before going out to sea.

3. Adhering to and urging crew members to strictly comply with the Rules for Preventing Collisions at Sea when operating at sea.

4 Reporting the area of operation, the actual number of crew members on board, and presenting the documents specified in Article 3 of this Decree to the port authority at the departure and arrival points when taking the vessel out to sea and returning to port. In places without a port authority, report to the People's Committee of the commune or ward where the vessel is anchored.

Article 7. In case of a typhoon, the captain is responsible for:

1. When the typhoon is far away: Informing the crew about the typhoon, checking safety equipment again, and continuously monitoring weather developments via the Voice of Vietnam and Vietnam Television; maintaining close contact with the shore command post and informing other vessels in the same area through all available means of communication.

2. When the typhoon is near: Informing the crew about the approaching typhoon, quickly ordering the nets to be reeled in and the vessel to leave the fishing grounds to seek shelter at the nearest location, promptly informing other vessels in the same area.

3. When there is an urgent typhoon warning: Ordering the crew to put on life jackets, place rescue equipment in readiness positions, and promptly move the vessel to the nearest shelter. In emergencies, the captain may decide to abandon the nets to return the vessel to shelter; mobilizing the vessel and crew to assist when discovering other people or vessels in distress.

4. When the vessel is in the typhoon area: Directly commanding and directing the vessel; using every measure and experience to ensure safety for persons and the vessel. Promptly informing shore stations and nearby vessels about the vessel's position and sending distress signals if the vessel encounters an accident; participating in rescue operations when discovering other persons or vessels in distress.

5. After the typhoon subsides: Promptly reporting to the competent authority or local government where the vessel resides or is moving to about the condition of persons and the vessel, and self-inspecting the vessel's safety conditions before continuing to operate at sea.

Article 8. Conditions and rights of fishery vessel crew members working on fishing vessels:

1. At least 18 years old.

2. Must have good health and be able to swim in accordance with the regulations of the Ministry of Fisheries.

3. Must comply with the registration system for crew members as prescribed and must possess a "Fishery Crew Member Book" (for crew members working on vessels required to have a "Fishery Crew Member Book") and a citizen identification card (for crew members working on vessels not required to have a "Fishery Crew Member Book").

4. Shall be provided training and dissemination of knowledge and skills to ensure maritime safety.

5. Have the right to refuse to operate at sea if the fishing vessel does not meet safety requirements.

Article 9. Fishery vessel crew members shall have the responsibility:

1. To voluntarily comply with regulations concerning the safety of persons and vessels.

2. When discovering accidents occurring on their own vessel or other vessels, they must immediately report to the captain and be ready to support and rescue persons and vessels in distress.

CHAPTER III
STATE MANAGEMENT OF FISHERY ACTIVITIES

Article 10. The Ministry of Fisheries shall be responsible for:

1. Establishing standards for crew member positions; organizing training and issuing certificates for fishery vessel captains and chief engineers; issuing fishery vessel crew member books.

2. Issuing licenses for fishery activities and registering fishery vessels and crew members in accordance with state regulations; conducting inspections and issuing technical safety certificates for domestic fishery vessels with a designed waterline length of up to twenty meters.

3. Coordinating with the Central Flood and Storm Control Steering Committee to direct flood and storm prevention and aftermath recovery efforts in the fisheries sector.

4. Coordinating with the National Search and Rescue Commission on Air and Sea to direct provincial people's committees and relevant units to organize timely search and rescue operations for persons and fishery vessels when accidents occur.

5. Coordinating with the Ministry of Science and Technology, the Ministry of Transport, and related ministries and sectors to review, amend, and supplement current regulations on technical safety and rescue for persons and fishery vessels in accordance with each body of water and type of vessel.

6. Directing the enforcement forces protecting aquatic resources and provincial fisheries departments to cooperate with border guards, maritime police, naval forces to regularly inspect and supervise the activities of persons and fishery vessels at sea; handle cases where persons and vessels are not adequately equipped with safety devices, have not purchased crew member insurance and hull insurance as prescribed within their authority.

Article 11.

1. The Ministry of Transport shall perform state management functions regarding the technical safety of watercraft; coordinate with the Ministry of Fisheries to guide management, inspection, and issuance of technical safety certificates for fishery vessels. Conduct inspections and issue technical safety certificates for fishery vessels with a designed waterline length exceeding twenty meters, fishery vessels made from new materials, foreign fishery vessels operating in Vietnam, and Vietnamese fishery vessels operating abroad. Regularly inspect and reinforce channel systems, buoys, and marine navigation lights to ensure maritime safety; direct the Vietnamese Marine Navigation Assurance Organization to hoist storm warning signals on navigation lights when there is a storm forecast; inspect maritime safety assurance for fishery vessels.

2. The Ministry of National Defense shall take the lead and coordinate with the National Search and Rescue Commission on Air and Sea, the Central Flood and Storm Control Steering Committee, and the Ministry of Fisheries to organize storm warning signal firing at river mouths, ports, fish landing sites, and important fishing grounds when there is a storm; direct border guard forces, maritime police, and aquatic resource protection enforcement forces along with local authorities to strictly manage sea routes, prohibiting persons and fishery vessels from going out to sea without adequate safety equipment and during storm warnings; be prepared to assist localities in rescuing persons and vessels when accidents occur.

3. The Ministry of Culture, Sports and Tourism shall direct central and local mass media organizations to promptly disseminate weather forecasts and hydro-meteorological information; promote and disseminate awareness among fishermen about the necessity of complying with safety regulations when conducting fishing activities at sea.

4. The Ministry of Planning and Investment and the Ministry of Finance, within their respective jurisdictions, shall guide the planning and application of budget laws to invest in and equip technical facilities for flood and storm prevention, search and rescue operations, and communication (including firing of warning signals) during storms.

The Ministry of Finance shall coordinate with the Ministry of Fisheries to provide detailed guidance on purchasing crew member insurance and hull insurance as stipulated in Clause 2 and 3, Article 4 of this Decree; promulgate specific rules, tariff tables, and liability limits for insurance.

5. The General Post Office Administration shall coordinate with the Ministry of Fisheries to plan a communication network serving flood and storm prevention and search and rescue operations; direct the transmission and broadcasting of weather reports to serve persons and vessels engaged in fishing activities at sea.

6. The General Meteorological and Hydrological Administration shall be responsible for collecting, monitoring, and promptly announcing hydro-meteorological information related to fishing activities. In case of dangerous hydro-meteorological phenomena (storms, tropical depressions, floods), all provisions of the Storm Warning Regulations must be fully implemented.

7. The Voice of Vietnam Radio, Vietnam Television, and local radio and television stations shall be responsible for broadcasting storm warnings issued by the General Meteorological and Hydrological Administration according to storm reporting regulations and commands from flood and storm control command agencies at various levels to serve command and control of flood and storm prevention and mobilization of persons and vessels operating at sea to safe anchorage locations.

Article 12. Provincial People's Committees under the Central Government shall be responsible for directing municipal people's committees and relevant sectors in the locality to implement tasks:

1. Propaganda and education for fishermen and owners of fishing vessels to understand clearly the benefits and importance of ensuring safety for persons and fishing vessels when operating at sea; knowledge and skills to ensure safe navigation; equipping sufficient safety equipment, purchasing crew insurance and hull insurance (for vessels required to purchase hull insurance) for fishing vessels.

2. Firmly grasp the quantity and areas of operation of persons and fishing vessels under local management; promptly notify about storm conditions to persons and vessels currently operating in the sea area under local management so that everyone can take timely preventive measures; in emergency situations, every effort must be made to bring persons and vessels currently operating at sea back to safe anchorage locations.

3. Urge and inspect fishermen and fishing enterprises located within the jurisdiction to comply with state regulations on ensuring safety when operating at sea.

4. Strengthen and construct fishing ports, berths, storm shelters, and storm information systems in the locality.

5. Promptly implement directives from the Central Steering Committee for Flood and Storm Prevention and Control and the National Search and Rescue Commission regarding flood and storm prevention and control work and search and rescue operations; direct investigations of accidents occurring in the sea area under local management and organize search and rescue operations for persons and vessels, assist fishermen in quickly overcoming consequences to stabilize their lives and production.

6. Timely report on the activities of persons and fishing vessels in the sea area under local management, especially during the rainy and storm seasons.

Article 13. The certification of crew lists on fishing vessels is regulated as follows:

1. Crew lists on fishing vessels belonging to families managed by communes and wards shall be certified by the Chairman of the People's Committee of the commune or ward.

2. Crew lists on fishing vessels of enterprises shall be certified by the General Director of the enterprise.

PART IV
IMPLEMENTING PROVISIONS

Article 14.

1. Organizations and individuals who have outstanding achievements in ensuring safety and conducting search and rescue operations for persons and fishing vessels operating at sea shall be rewarded according to current state regulations.

2. Organizations and individuals who fail to comply with the provisions of this Decree shall be subject to legal penalties according to the current laws depending on the nature and degree of violation.

Article 15. This Decree takes effect fifteen days from the date of signature. The Ministry of Fisheries shall coordinate with relevant ministries and sectors to guide its implementation.

Article 16. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree./.