Chương 5 Luật Thủy sản 2003: Tàu cá và cơ sở dịch vụ hoạt động thuỷ sản

Chapter V

FISHING SHIPS AND FISHERY ACTIVITY SERVICE-PROVIDING ESTABLISHMENTS

Article 37.- Development of fishing fleets

1. The development of fishing fleets must comply with the fishery sector development planning.

2. The State shall adopt policies to encourage the development of fishing fleets in line with the strategy on offshore exploitation of aquatic resources.

3. Organizations and individuals that import fishing ships must observe the Government's regulations.

Article 38.- Building and transformation of fishing ships

1. Organizations and individuals that build or transform fishing ships subject to registry must obtain the permission of, and have the fishing-ship design dossiers approved by, competent State bodies; newly built or transformed fishing ships must meet all quality and technical safety standards as well as environmental protection standards.

The Ministry of Fisheries shall permit and approve design dossiers for building or transforming fishing ships with a designed waterline length of 20 meters or more; the provincial-level agencies performing the State management over fisheries shall permit and approve design dossiers for building or transforming fishing ships with a designed waterline length of under 20 meters.

2. Production and/or business establishments that build and/or transform fishing ships must meet all business conditions stipulated by the Government.

3. The Ministry of Fisheries shall promulgate quality and technical safety standards as well as environmental protection standards.

Article 39.- Registry of fishing ships

1. Fishing ships must undergo registry, excluding those with a designed waterline length of under 15 meters and with no engine fitted aboard or with fitted engines of under 20 horse powers.

2. The Ministry of Fisheries shall organize the uniform registry of fishing ships nationwide; make registry of fishing ships with a designed waterline length of 20 meters or over. The provincial-level People's Committees shall, under the guidance of the Ministry of Fisheries, make registry of fishing ships with a designed waterline length of under 20 meters.

3. The fishing ship registry offices, when checking the technical safety of fishing ships, must comply with the systems of branch and Vietnamese standards.

Article 40.- Registration of fishing ships and their crew members

1. Fishing ships must undergo registration; their names and registration numbers must be inscribed on their bodies according to the regulations of the Ministry of Fisheries.

2. The owners of fishing ships shall register crew members working on board their ships, have crew directories and crew member's books according to the regulations of the Ministry of Fisheries.

3. The Ministry of Fisheries shall perform the uniform management of the registration of fishing ships and their crew members, prescribe the titles for crew members on board fishing ships nationwide; effect the registration of fishing ships and their crew members of the units under the Ministry of Fisheries, units under other ministries and branches, people's armed force units conducting economic activities; and Vietnamese fishing ships exploiting aquatic resources outside Vietnam's seas.

4. The provincial-level People's Committees shall organize the registration of fishing ships and crew members in their localities under the guidance of the Ministry of Fisheries, excluding fishing ships and crew members prescribed in Clause 3 of this Article.

Article 41.- Fishing ports, fishing wharves, and storm-sheltering docks of fishing ships

1. The development of fishing ports, fishing wharves and storm-sheltering docks of fishing ships must comply with the fishery sector development planning.

2. The State shall invest in building infrastructures in fishing ports and storm-sheltering docks and give investment supports for building infrastructures in fishing wharves; encourage organizations and individuals of all economic sectors to participate in investing in building facilities in service of the production and business at fishing ports, fishing wharves and storm-sheltering docks of fishing ships.

3. The Ministry of Fisheries shall assume the prime responsibility for, and coordinate with the concerned ministries and the provincial-level People's Committees in, promulgating a model regulation on management of fishing ports, fishing wharves and storm-sheltering docks of fishing ships, and technical standards of fishing ports, fishing wharves and storm-sheltering docks of fishing ships.

4. The provincial-level People's Committees shall have to organize and decentralize the management of fishing ports, fishing wharves and storm-sheltering docks of fishing ships under the management of their localities.

Article 42.- Axial aquatic product marketplaces

1. Axial aquatic product marketplaces are the places for wholesale of aquatic products, which are situated in concentrated aquatic product production zones or in places where aquatic-products are consumed in large quantities. The development of axial aquatic product marketplaces must comply with the planning on development of the fishery sector.

2. The State shall adopt policies to support investments in building axial aquatic-product marketplaces, encourage organizations and individuals to participate in investing in building, commercially operating and managing axial aquatic-product marketplaces.

3. The Ministry of Fisheries shall coordinate with the concerned ministries and the provincial-level People's Committees in promulgating a model regulation on management of axial aquatic-product marketplaces; guiding and checking the implementation of such regulations; and formulate technical standards of axial aquatic-product marketplaces.

4. The provincial-level People's Committees shall have to approve the regulations on management of axial aquatic-product marketplaces and organize the management of the operation of such marketplaces.