Chapter I
GENERAL PROVISIONS
Article 1.- Objects and scope of application
This Law shall apply to fishery activities of Vietnamese organizations and individuals and foreign organizations and individuals on the land, islands, in the internal waters, the territorial sea, the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam.
In cases where the international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Law, the provisions of such international agreements shall apply.
Article 2.- Interpretation of terms
1. Aquatic resources mean natural organisms in natural water areas, of economic or scientific value for development of the exploitation of aquatic resources, for conservation and development of aquatic resources.
2. Fishery activities mean the exploitation, culture, transportation of exploited aquatic resources; preservation, processing, trading in, export and import of aquatic products; services in fishery activities; survey, protection and development of aquatic resources.
3. Reproduction of aquatic resources mean the process of self-reproduction or activities of reproducing and increasing aquatic resources.
4. Exploitation of aquatic resources mean the exploitation of aquatic resources in the sea, rivers, lakes, marshes, lagoons and other natural water areas.
5. Fishing grounds mean sea areas with concentrated aquatic resources, which are identified for exploitation by fishing ships.
6. Land for aquaculture means land with inland water surfaces, including ponds, lakes, marshes, lagoons, rivers, canals, ditches and trenches; coastal land with water surfaces, riverside and coastal alluvial land; coastal sand banks and dunes; land used for farm economy; non-agricultural land with water surfaces assigned or leased for aquaculture.
7. Sea surface for aquaculture mean sea areas zoned off for aquaculture.
8. New aquatic strains mean aquatic strains imported for the first time into Vietnam or created for the first time in Vietnam.
9. Fishing ships mean ships, boats and other floating structures exclusively used for exploiting, rearing aquatic resources, preserving or processing aquatic products.
10. Fishing port means a port exclusively used for fishing ships, embracing the port land area and the mooring water area. The port land area covers quays, storing houses and yards, workshops, areas for administration, logistic services, trading in, export and import of aquatic products.
11. Individuals referred to in this Law are persons directly conducting fishery activities or representatives of households having registered their fishery business activities.
Article 3.- Ownership of aquatic resources
Aquatic resources constitute a natural resource under the ownership of the entire people and the uniform management by the State. Organizations and individuals shall have the right to exploit aquatic resources under the provisions of law.
Article 4.- Principles for fishery activities
1. To ensure economic efficiency in association with the protection, reproduction and development of aquatic resources as well as bio-diversity; to protect the environment and natural landscapes. The development of different domains in fishery activities must comply with the national and local fishery sector development plannings and plans.
2. To take initiative in preventing, avoiding and mitigating harms caused by natural disasters and epidemics in aquatic resources; to ensure safety for people, fishing ships, works and equipment in fishery activities.
3. Fishery activities must be combined with maintaining national defense and security; protect the national sovereignty and interests in the rivers and the sea; and comply with the provisions of this Law and other relevant law provisions.
Article 5.- Sustainable development of fisheries
1. The State adopts policies to ensure the sustainable development of fisheries; to encourage, and create favorable conditions for, organizations and individuals to exploit and rationally use aquatic resources; to secure the reproduction of aquatic resources and the development of aquaculture in the sea, rivers, lakes, marshes, lagoons and other natural water areas.
2. The State encourages organizations and individuals to invest, conduct scientific researches, apply advanced technologies, develop human resources, build infrastructures in service of fishery activities; to develop clean aquaculture; to step up fishery promotion activities in order to effectively serve fishery activities, protect and develop aquatic resources; and encourages organizations and individuals to buy person and property insurance in fishery activities, except for cases of compulsory insurance purchase as prescribed by law.
3. The State develops the fishery economy on the basis of the fishery sector development planning in line with the national and local overall socio-economic development plannings; ensures the construction of riverside and coastal works or works close to aquaculture areas without affecting aquatic resources.
4. The Government delimits coastal sea areas on the basis of their depth and distance from the shore and a number of other characteristics of coastal sea areas so as to decentralize to the coastal localities the general management of such coastal sea areas in association with production and business development.
Article 6.- Prohibited acts in fishery activities
1. Illegally exploiting and destroying reefs, coral reefs, underwater flora grounds, submerged forests and other biotopes; illegally destroying and obstructing natural movement routes of aquatic species in rivers, lakes, marshes, lagoons, straits and bays.
2. Exploiting aquatic species on the prohibited list, including those banned from exploitation for definite periods, except for the scientific research purposes permitted by the Government; exploiting aquatic resources smaller than the prescribed sizes, except for the permitted exploitation for culture.
3. Encroaching, occupying or infringing upon conservation zones of internal water areas or conservation sea areas already zoned off and announced; violating the regulations on management of such conservation zones.
4. Violating the provisions of the environmental protection legislation regarding the habitats of aquatic species.
5. Exploiting aquatic resources in restricted areas, areas being in the prohibited periods; exploiting aquatic resources in excess of the permitted volumes.
6. Producing, circulating and using banned fishing gear; practicing the banned occupations to exploit aquatic resources; using explosives, noxious substances, electric surge and other methods of destructive nature.
7. Using fishing gear to obstruct, or cause damage to, organizations and/or individuals that are exploiting aquatic resources; to anchor or moor vessels in places where exist fishing gear of other organizations and/or individuals that are exploiting natural resources or in places where other fishing ships are giving signals that they are exploiting aquatic resources, except in case of force majeure events.
8. Jettisoning fishing gear in natural water areas, except for force majeure cases.
9. Violating the regulations on traffic safety and safety of works in accordance with the provisions of the maritime and inland waterway navigation legislation and other relevant law provisions.
10. Violating the regulations on aquaculture development plannings.
11. Changing without the permission of competent State bodies the use purposes of land areas or sea surface assigned or leased for aquaculture.
12. Culturing new aquatic strains without the permission of the Ministry of Fisheries and aquatic species on the list of those banned from culture.
13. Conducting aquaculture not in line with plannings, obstructing water flows, obstructing activities of exploiting aquatic resources, adversely affecting activities of other branches or occupations.
14. Using drugs, additives or chemicals on the list of those banned from use in aquaculture, production of aquaculture feeds or processing and preservation of aquatic products; putting alien matters in aquatic raw materials or products.
15. Stocking diseased aquatic resources in aquaculture places or natural water areas.
16. Discharging waste water and matters from aquatic resource-breeding establishments or aquaculture establishments, aquatic product-preserving and/or -processing establishments, which have not yet been treated or have been treated improperly, into the surrounding environment.
17. Processing, transporting or marketing aquatic species on the list of those banned from exploitation; aquatic products originating from aquaculture areas in the non-harvesting periods; aquatic products with toxic residues in excess of the permitted limits; aquatic products with deadly natural toxins, except for the cases permitted by competent State bodies.
18. Exporting or importing aquatic products on the list of those banned from export and import.
Tìm kiếm
Luật Thủy sản 2003 (Bản Word)