Chương 3 Luật Thủy sản 2003: Khai thác thủy sản

Chapter III

EXPLOITATION OF AQUATIC RESOURCES

Article 11.- Principles for exploitation of aquatic resources

1. The exploitation of aquatic resources in sea areas, rivers, lakes, marshes, lagoons and other natural water areas must not exhaust aquatic resources there; must abide by the regulations on exploitation seasons, exploitation periods, categories and sizes of exploitable aquatic resources and annual exploitable volumes, as well as the provisions of this Law and other relevant law provisions.

2. Fishing tools and means used for exploiting aquatic resources must be of sizes suitable to exploitable aquatic species.

Article 12.- Offshore exploitation of aquatic resources

1. The State shall adopt synchronous policies on investment, occupation training, building of information and communication systems, resource survey, forecast of fishing grounds, logistic services, organization of various suitable production forms in order to encourage organizations and individuals to develop offshore exploitation of aquatic resources.

2. Organizations and individuals investing in the offshore exploitation of aquatic resources shall comply with the Law on Domestic Investment Promotion and enjoy other preferential policies of the State.

3. Organizations and individuals engaged in the offshore exploitation of aquatic resources must have information and communication equipment and life-saving devices on board their fishing ships; and abide by the provisions of the maritime legislation.

4. Ship owners shall have to buy compulsory insurance for crew members working on board their fishing ships for offshore exploitation of aquatic resources. The State shall adopt policies to encourage ship owners to buy ship hull insurance on a voluntary basis.

The insurance conditions, premium rates, minimum insurance sum for crew members shall comply with the law provisions on insurance business.

Article 13.- Coastal exploitation of aquatic resources

1. The State shall adopt policies to reorganize production, restructure occupations in the exploitation of aquatic resources in coastal sea areas and restructure the occupations among the sectors of exploitation, culture, processing of aquatic resources, agriculture, forestry and services.

2. Organizations and individuals exploiting coastal aquatic resources, when shifting to offshore exploitation of aquatic resources or aquaculture, shall be provided with guidance, training and capital supports, be assigned land or sea surface for aquaculture according to the State's policies.

3. Organizations and individuals exploiting coastal aquatic resources must have life-saving devices, devices for monitoring weather forecasts; and abide by the law provisions on inland waterway and maritime navigation.

Article 14.- Survey of, and research into, aquatic resources

1. The State shall invest in surveying, researching into, and assessing, aquatic resources and drawing up maps on aquatic resources.

2. The Ministry of Fisheries shall assume the prime responsibility for, and coordinate with the concerned ministries and branches and the provincial-level People's Committees in, conducting surveys and assessments of aquatic resources in each sea region, fishing ground, river and large lake; announce fishing grounds, areas for aquatic resource exploitation, and determine the annual exploitable volumes in each sea region and each fishing ground.

3. The provincial-level People's Committees shall have to organize the assessment of aquatic resources within their respective localities under the guidance of the Ministry of Fisheries.

Article 15.- Management of aquatic resource exploitation areas

1. Organizations and individuals exploiting aquatic resources in sea areas, rivers, lakes, marshes, lagoons or other natural water areas must abide by the provisions of this Law and other relevant law provisions.

2. The Government shall have responsibility to delimit sea areas and routes for aquatic resource exploitation, decentralize management to the concerned ministries and branches as well as localities in order to ensure the close and synchronous coordination among the forces in charge of examining and controlling fishery activities in the sea areas and routes for aquatic resource exploitation.

3. The provincial-level People's Committees shall have responsibility to promulgate regulations on aquatic resource exploitation areas in rivers, lakes, marshes, lagoons and other natural water areas under their management under the guidance of the Ministry of Fisheries; make arrangements for people to exercise their rights to supervise, detect and denounce acts of violating the legislation on aquatic resources in the aquatic resource exploitation areas.

Article 16.- Aquatic resource exploitation permits

1. Aquatic resource-exploiting organizations and individuals must have aquatic resource exploitation permits, except for the cases where individuals exploit aquatic resources with fishing ships of under 0.5 ton or without fishing ships.

2. An aquatic resource exploitation permit shall contain the following principal contents:

a/ The fishing occupation and fishing gear;

b/ Areas and routes permitted for exploitation;

c/ The duration of fishing activities;

d/ The term of the permit;

dd/ Other necessary contents as prescribed by law.

3. The Government shall prescribe the order, procedures and decentralize the competence to grant and withdraw aquatic resource exploitation permits.

Article 17.- Conditions for granting aquatic resource exploitation permits

To be granted aquatic resource exploitation permits, aquatic resource-exploiting organizations and individuals must meet all the following conditions:

1. Having registered the aquatic resource exploitation business;

2. Having made registration and registry for their fishing ships;

3. Having appropriate fishing gear and means;

4. Ship masters, chief engineers on board their fishing ships must possess appropriate diplomas and certificates as prescribed by law.

Article 18.- Withdrawal of aquatic resource exploitation permits

Aquatic resource-exploiting organizations and individuals shall have their aquatic resource exploitation permits withdrawn in the following cases:

1. No longer meeting all conditions specified in Article 17 of this Law;

2. Committing serious violations of the provisions of this Law regarding aquatic resource exploitation or having been sanctioned for administrative violations in fishery activities for three times within the term of their aquatic resource exploitation permits.

3. Erasing, deleting or modifying the contents of their aquatic resource exploitation permits;

4. Committing other violation acts subject to, as prescribed by law, withdrawal of aquatic resource exploitation permits.

Article 19.- Aquatic resource exploitation reports and recording of aquatic resource exploitation diaries

1. Organizations and individuals with aquatic resource exploitation permits must report on the aquatic resource exploitation to the aquatic resource management bodies in the localities where they have registered their fishing ships.

2. For types of fishing ships whose masters, according to the regulations of the Ministry of Fisheries, must have ship master's diplomas, when operating their ships to exploit aquatic resources, the ship masters shall have to organize the recording of aquatic resource exploitation diaries.

3. The Ministry of Fisheries shall promulgate the aquatic resource exploitation diary form, the management regime and the contents of such diary; the contents of aquatic resource exploitation reports and the reporting regime.

The provincial-level People's Committees shall have to organize the reporting on the aquatic resource exploitation in their localities under the guidance of the Ministry of Fisheries.

Article 20.- Rights of aquatic resource-exploiting organizations and individuals

1. To exploit aquatic resources according to the contents of their aquatic resource exploitation permits.

2. To be notified in time by specialized agencies of weather changes, of aquatic resources and be provided with information on fishery activities, aquatic product markets and the guidance on aquatic resource-exploiting techniques.

3. To have their rights as well as legitimate interests being their labor and investment outcomes in the aquatic resource exploitation protected by the State.

4. To have other rights as prescribed by law.

Article 21.- Obligations of aquatic resource-exploiting organizations and individuals

1. To abide by the provisions in their aquatic resource exploitation permits.

2. To pay taxes, fees and charges according to law provisions.

3. To mark their fishing tools being used in the fishing grounds with noticeable signs according to the regulations of the Ministry of Fisheries.

4. To submit to the examination and control by competent forces and agencies as prescribed by law.

5. To rescue persons and vessels being in distress.

6. To observe the regulations on management of exploitation areas, protection of order and security in the exploitation areas.

7. To detect, denounce and stop acts of violating the legislation on fisheries.

8. To fulfill other obligations as prescribed by law.

Article 22.- Prevention, avoidance and reduction of harms caused by natural disasters in aquatic resource exploitation

1. Aquatic resource-exploiting organizations and individuals must abide by the law provisions on prevention and avoidance of natural disasters; have adequate safety equipment as prescribed by law; and take initiative in applying measures to prevent, avoid and reduce harms caused by natural disasters; participate in rescue and salvage.

2. The concerned State bodies must organize in time the application of measures to rescue persons, vessels and other properties being in distress, meeting with incidents or natural disasters while exploiting aquatic resources.