Chương IV Luật thủy sản 2017: Khai thác thủy sản

Chapter IV

COMMERCIAL FISHING

Section 1. DOMESTIC COMMERCIAL FISHING AND FISHING WITHIN THE VIETNAM’S MARITIME BOUNDARY

Article 48. Management of fishing areas

1. The Government shall prescribe fishing areas including the coastal waters, inshore waters and waters from the inshore route to the outer boundary of Vietnam’s exclusive economic zone and activities of commercial fishing vessels in the abovementioned areas.

2. The Ministry of Agriculture and Rural Development shall manage the commercial fishing in the waters from the inshore route to the outer boundary of Vietnam’s exclusive economic zone.

3. The People’s Committee of each province shall manage the commercial fishing in coastal and inshore waters and domestic commercial fishing in the province.

Article 49. Quota on issuance of marine fishing licenses

1. Bases for determining quota on issuance of marine fishing licenses include:

a) Results of aquatic resources investigation and assessment;

b) Variable trend of aquatic resources;

c) The maximum production of aquatic species allowed to be caught sustainably;

d) Structure of fishery vocations, aquatic species to be caught and fishing areas;

dd) The bases for catching aquatic migratory aquatic species or aquatic species living in shoals shall include those prescribed in Points a, b, c and d of this Clause and production allowed to be caught of each species. The Ministry of Agriculture and Rural Development shall determine the aquatic species prescribed in this Point.

2. Pursuant to Clause 1 of this Article, the Ministry of Agriculture and Rural Development shall determine and assign quotas on issuance of marine fishing licenses and production allowed to be caught of each species in the waters from the inshore route to the outer boundary of Vietnam’s exclusive economic zone of provinces.

3. Pursuant to Clause 1 of this Article, the People’s Committee of each province shall determine and assign quotas on issuance of marine fishing licenses and the production allowed to be caught of each species in the coastal waters and inshore water under it management.

4. The quota on issuance marine fishing licenses shall be published and adjusted every 60 months. If there is any variation in aquatic resources, according to results of investigation into and assessment of aquatic resources in each subject, annual investigation into and assessment of commercial fisheries, the Ministry of Agriculture and Rural Development and People’s Committees of provinces shall adjust the production allowed to be caught of each species.

Article 50. Commercial fishing licenses

1. Organizations and individuals using commercial fishing vessels with the maximum length of at least 6 meters for engaging in fishing shall have commercial fishing licenses.

2. The organization or individual prescribed in Clause 1 of this Article will be issued with the commercial fishing license if:

a) The marine fishing does not exceed the quota on issuance of marine fishing licenses;

b) The commercial fishing is not included in the list of banned vocations;

c) The commercial fishing vessel requiring inspection is issued with the certificate of technical safety;

d) The commercial fishing vessel is provided with communication equipment as prescribed by the Ministry of Agriculture and Rural Development;

dd) The commercial fishing vessel with the maximum length of at least 15 meters is equipped with the vehicle tracking device in accordance with the Government's regulations;

e) The organization or individual has obtained the registration certificate of commercial fishing vessels;

g) The master and chief engineer officer have degrees or certificates precribed by the Ministry of Agriculture and Rural Development;

h) In case of reissuance of the expired license, the organization or individual satisfy the requirements prescribed in Points b, c, d, dd, e and g of this Clause and have submitted extraction log in accordance with regulations of law and the commercial fishing vessel is not included in the list of illegal commercial fishing vessels published by the Ministry of Agriculture and Rural Development.

3. Main contents of the commercial fishing license include:

a) Name of the organization or individual;

b) Registration number, name and call sign of the commercial fishing vessel and the International Maritime Organization (IMO) number (if any);

c) Fishing vocations and areas;

d) Fishing period of each vocation;

dd) The production allowed to be caught of each species (if any);

e) The registered fishing port;

g) Expiry date

4. A commercial fishing license will be reissued if:

a) It is lost or damaged; or

b) The license holder’s information specified in the license or the registered fishing port is changed;

c) The license expires.

5. A commercial fishing license will be revoked if:

a) Its contents are erased or changed;

b) Aquatic species are extracted outside the Vietnam’s maritime boundary;

c) The registration of commercial fishing vessel has been cancelled;

d) The conditions prescribed in Clause 2 of this Article are no longer satisfied.

6. The period of a commercial fishing license is specified as follows:

a) The period of the license issued for the first time or reissued in accordance with regulations of Point c Clause 4 of this Article shall not exceed the remaining period of the fishing quota from the day on which it is issued;

b) The period of the license reissued in accordance with regulations in Points a and b Clause 4 of this Article shall be the same as the remaining period of the issued license.

7. Contents of a commercial fishing license will be adjusted if there is any variation in aquatic resources as prescribed in Clause 4 Article 49 of this Law. The Ministry of Agriculture and Rural Development and People’s Committees of provinces shall notify adjustments to licenses to extract aquatic resources to shipowners.

Article 51. Issuance, extension, reissuance and revocation of commercial fishing licenses

1. The People’s Committees of province have power to issue, extend, reissue or revoke commercial fishing licenses, except for the cases prescribed in Clause 2 of this Article.

2. The Ministry of Agriculture and Rural Development shall issue, extend and revoke commercial fishing licenses regarding foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary and Vietnamese organizations and individuals engaged in commercial fishing activities outside the Vietnam’s maritime boundary.

3. The Government shall provide guidelines for procedures for issuance, extension, reissuance and revocation of commercial fishing licenses.

Article 52. Rights and responsibilities organizations and individuals engaged in fishing activities

1. Organizations and individuals engaged in fishing activities are entitled to:

a) Be engaged in fishing activities in accordance with contents of their licenses;

b) Receive information on aquatic resources, fishery activities, markets of aquatic products and instructions on fishing technologies and techniques;

c) Have their legal rights and interests protected by the State during the fishing.

2. Organizations and individuals engaged in fishing shall:

a) Comply with regulations specified in commercial fishing licenses and maintain the conditions prescribed in Clause 2 Article 50 of this Law;

b) Comply with regulations on ensuring safety of people, commercial fishing vessels and food safety of caught aquatic species; actively take measures for preventing natural disasters and rescue people and ships in distress;

c) Fly the national flag of the Socialist Republic of Vietnam on their commercial fishing vessels; mark their commercial fishing vessels according to each fishing area, mark their fishing tackle that used at fisheries in accordance with regulations issued by the Ministry of Agriculture and Rural Development;

d) Comply with inspections carried out by competent authorities in accordance with regulations of law;

dd) Be involved in rescue and protection of sovereignty, security and order in fishing areas; denounce violations of law on fishery;

e) Comply with regulations on management of fishing areas, fishery vocations, size of aquatic species to be extracted and commercial fishing tackle; comply with adjustments to contents of commercial fishing licenses in case of notifications of adjustment to the production allowed to be caught of each species given by People’s Committees of provinces;

g) During the commercial fishing, the following documents shall be carried: the original copy or copy of the commercial fishing license in the case where this license is required, the certificate of technical safety in case of the commercial fishing vessel requiring inspection, the registration certificate of the commercial fishing vessel, the directory of ship officers, decrees and certificates of the master and chief engineer officer; ID cards, passports or other identity papers as prescribed by law on crewmembers;

h) Record and submit reports and fishing logbooks according to instructions provided by the Ministry of Agriculture and Rural Development.

Section 2. COMMERCIAL FISHING OUTSIDE THE VIETNAM’S MARITIME BOUNDARY

Article 53. Conditions for commercial fishing outside the Vietnam’s maritime boundary

1. Organizations and individuals engaged in fishing activities outside the Vietnam’s maritime boundary will be approved regarding commercial fishing in the maritime boundary of other countries or territories or licensed regarding commercial fishing in the waters under management of RFMOs by the Ministry of Agriculture and Rural Development if they satisfy the following conditions:

a) They are approved by competent authorities of the countries or territories owning fishing areas or issued with fishing quotas by the RFMOs;

b) Commercial fishing vessels are eligible for operation, have been registered, issued with certificates of technical safety whose remaining period is at least 6 months; have sufficient equipment for ensuring safety of people and commercial fishing vessels, suitable vehicle tracking devices and communication equipment;

c) Masters and chief engineer officers have degrees or certificates issued by competent authorities. Crewmembers have insurance and passports. At least one person working on the vessel or group of vessels can use English or a common language of the country or territory where the commercial fishing vessels extract aquatic species. The cross-border departure of commercial fishing vessels is not banned in accordance with regulations of law;

d) Other conditions prescribed by the RMFO, countries or territories are satisfied.

2. The Government shall provide detailed guidelines for this Article.

Article 54. Responsibilities of organizations and individuals engaged in commercial fishing outside the Vietnam’s maritime boundary

Organizations and individuals engaged in commercial fishing outside the Vietnam’s maritime boundary shall:

1. Be approved or licensed by the Ministry of Agriculture and Rural Development.

2. Go through procedures for exit and entry in accordance with regulations of Vietnam law and laws of the countries or territories where they extract aquatic species.

3. Comply with regulations of Vietnam law, regulations of international treaties to which the Socialist Republic of Vietnam is a signatory, laws of countries and territories where aquatic species are extracted and regulations issued by the RFMOs managing the waters where aquatic species are extracted.

4. In case of accidents or dangers requiring assistance, crewmembers shall give emergency signals or and promptly contact the nearest competent authorities of the countries or territories; notify the nearest representative authorities of Vietnam in the countries or territories, fishery authorities of provinces or the Ministry of Agriculture and Rural Development.

5. During the commercial fishing, the masters shall carry original copies or certified copies of relevant documents issued by Vietnamese competent authorities and relevant documents issued by the countries or territories when the commercial fishing vessels operate in the waters under their management.

6. Cooperate with competent authorities in dealing with cases related to people and commercial fishing vessels used for fishing outside the territory of Vietnam.

7. The shipowners and masters shall provide ship officers with guidance on rights and responsibilities related to commercial fishing outside the Vietnam’s maritime boundary;

8. The shipowners shall buy insurance for crewmembers and cover all costs arising during the commercial fishing outside the Vietnam’s maritime boundary.

Section 3. COMMERCIAL FISHING BY FOREIGN COMMERCIAL FISHING VESSELS WITHIN THE VIETNAM’S MARITIME BOUNDARY

Article 55. Conditions for issuing licenses to foreign organizations and individuals engaged in commercial fishing within the Vietnam’s maritime boundary

Foreign organizations or individuals will be issued with commercial fishing licenses within the Vietnam’s maritime boundary if all of the following conditions are satisfied:

1. There are international agreements or international treaties to which the Socialist Republic of Vietnam is a signatory; licenses or approvals granted by competent authorities of the country owning the commercial fishing vessels specifying that the commercial fishing within the Vietnam’s maritime boundary is allowed;

2. There are investment registration certificates issued by competent authorities or cooperation projects on engaged in fishing approved by the Prime Minister or cooperation projects on investigating and assessing aquatic resources, technical training, transferring technologies in fishery, collecting and transporting aquatic species within the Vietnam’s maritime boundary that have been approved by the Ministry of Agriculture and Rural Development or Chairmen/Chairwomen of People’s Committees of provinces.

Projects on fishing within the Vietnam’s maritime boundary are approved in accordance with regulations in Points a and b Clause 2 Article 50 of this Law. The commercial fishing vessels are not included in the list of illegal commercial fishing vessels made and published by Vietnamese competent authorities or RFMOs or international authorities;

3. There are registration certificates of commercial fishing vessels and certificates of technical safety whose remaining period is at least 6 months issued by the competent authorities of the flag state and certificates of use of frequency and radio transmitters issued by Vietnamese competent authorities;

4. There is a list of crewmembers. Masters and chief engineer officers have degrees or certificates suitable for types of vessels. Foreign crewmembers of foreign commercial fishing vessels operating within the Vietnam’s maritime boundary are approved by the Ministry of Public Security and Ministry of National Defense. Ship officers have passports and insurance;

5. There are vehicle tracking devices as prescribed by regulations and law;

6. At least one person working on the vessel is proficient in Vietnamese or English.

Article 56. Issuance, extension, reissuance and revocation of licenses of foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary

1. Main contents of the license include:

a) Name and address of the shipowner;

b) Registration number, name and call sign of the commercial fishing vessel and IMO number (if any);

c) Information on radio frequency;

d) Fishing areas, fishery vocations and operating fields of the commercial fishing vessels;

dd) Places where procedures for cross-border departure and arrival are gone through;

e) The registered port;

g) Expiry date

2. The period of the license shall depend on the period of investment registration or cooperation projects but shall not exceed 12 months.

3. The commercial fishing license issued to a foreign organization or individual will be extended more than once but each extension period shall not exceed 12 months if the following conditions are satisfied:

a) The investment registration certificate or cooperation project on fishery is valid;

b) Fishing logbooks or operating reports are submitted in accordance with regulations of law.

4. Foreign organizations or individuals will be reissued with commercial fishing licenses within the Vietnam’s maritime boundary if their licenses are lost, damaged or changed in the validity period of their investment registration certificates or cooperation projects on fishery.

5. The commercial fishing license issued to a foreign organization or individual will be revoked if:

a) Its contents are erased or changed;

b) The foreign organization or individual fails to comply with the contents specified in the license;

c) The investment registration certificate or cooperation project finishes before the expiry date of the license;

d) The conditions prescribed in Article 55 of this Law are no longer satisfied.

dd) The commercial fishing vessel is destroyed, sunk and cannot be salvaged or missing;

e) Aquatic species on the commercial fishing vessels originating from illegal commercial fishing.

6. The Ministry of Agriculture and Rural Development has power to issue, extend, reissue and revoke licenses to foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary.

7. The Government shall provide guidelines for issuance, extension, reissuance and revocation of licenses to foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary.

Article 57. Rights and responsibilities of foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary

1. Foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary are entitled to:

a) Be engaged in commercial fishing activities within the Vietnam’s maritime boundary in accordance with contents of their licenses;

b) Receive information related to fishery activities in accordance with regulations of Vietnam law if requested;

c) Have their legal rights and interests protected by the Vietnamese Government during the commercial fishing in Vietnam.

2. Foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary shall:

a) Pay sufficient fees and charges in accordance with regulations of Vietnam law and buy insurance for supervisor;

b) Only anchor the commercial fishing vessels in registered ports and send written notifications to the Ministry of Agriculture and Rural Development at least 7 working days from the day on which the vessels arrive in Vietnam; go through procedures for cross border departure and arrival in accordance with regulations of Vietnam law;

c) Carry sufficient original copies or certified copies of licenses for fishery activities issued by Vietnamese competent authorities, certificates of technical safety, licenses to use frequency of radio transmitters issued by Vietnamese competent authorities, directories of crewmembers;

d) Keep and submit fishing logbooks of every voyage regarding commercial fishing vessels; operating reports of every voyage regarding ships used for investigating and assessing aquatic resources, providing technical training, transferring fishery technologies, collect and transporting aquatic species in accordance with regulations issued by the Minister of Agriculture and Rural Development. Fishing logbooks or operating reports shall be made in Vietnamese or English;

dd) Comply with requirements of supervisors; ensure working and living conditions for supervisors; pick supervisors up and return them to places approved by the Ministry of Agriculture and Rural Development;

e) Comply with inspection and control by competent authorities in accordance with regulations of Vietnam law;

g) In case of accidents or dangers requiring assistance, crewmembers shall give emergency signals or and immediately notify the nearest Vietnamese relevant authorities;

h) Only sell aquatic products in Vietnam unless there is an export contract;

i) If a foreign vessel is shut down when its license is still valid, the shipowner shall send a written report to the Ministry of Agriculture and Rural Development at least 7 working days before it is shut down;

k) Fly national flags in accordance with the Government’s regulations

l) Comply with other regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.

Article 58. Supervisors working on foreign commercial fishing vessels operating within the Vietnam’s maritime boundary

1. A foreign commercial fishing vessel operating within the Vietnam’s maritime boundary shall have supervisor(s) if it is used for:

a) Commercial fishing;

b) Investigating aquatic resources;

c) Providing technical training and transferring fishery technologies.

2. A supervisor shall satisfy the following requirements:

a) He/she is a part-time official or public employee appointed by the Ministry of Agriculture and Rural Development shall:

b) He/she satisfies health requirement for going out to sea;

c) He/she is qualified for supervision;

d) He/she is proficient in English or another common language of the country or territory having vessels engaged in fishery activities within the Vietnam’s maritime boundary.

3. If there are official(s), public employee(s) or employee(s) of the Ministry of Agriculture and Rural Development working on a foreign vessel engaged in fishery activities within the Vietnam’s maritime boundary under an approved project or contract, supervisor(s) are not required.

Article 59. Rights and responsibilities of supervisors

1. A supervisor is entitled to:

a) Request crewmembers to comply with regulations of Vietnam law and regulations specified in the licenses;

b) Request the master to take the vessel to the nearest port if it is found that the foreign crew and vessel commit serious violations of Vietnam law;

c) Inspect and supervise activities on the vessel, fish finders and communication equipment of the vessel;

d) Use communication equipment of the vessel for working if necessary;

dd) Have insurance during the supervision of the vessel;

e) Have his/her working and living conditions on the vessel ensured by the shipowner;

g) Receive salary, per diem and allowances in accordance with the Government's regulations

h) Receive other allowances and wages from partners if it is specified in a cooperation convention, projects or contract.

2. A supervisor shall:

a) Supervise activities and compliance with regulations of Vietnam law by foreigners and foreign vessels engaged in fishery activities within the Vietnam’s maritime boundary;

b) Submit sufficient and timely reports on information related to activities of foreign vessels according to assigned duties to the Ministry of Agriculture and Rural Development.

Section 4. ILLEGAL COMMERCIAL FISHING

Article 60. Illegal commercial fishing

1. Illegal commercial fishing activities include:

a) Commercial fishing without licenses;

b) Commercial fishing in the areas where it is banned, commercial fishing in the period when it is banned; catching and transporting aquatic species banned from commercial fishing; catching aquatic species whose sizes are smaller than those prescribed by law; being engaged in banned fisheries or using banned fishing tackle;

c) Illegally catch of endangered, precious and rare aquatic species;

d) Illegal commercial fishing in the waters under management of RFMOs, other countries or territories;

dd) Illegal commercial fishing exceeding the production of each aquatic species, failure to catch aquatic species in the areas and within the period specified in the licenses;

e) Concealment, counterfeiting or destruction of evidence for violations of regulations related to catching and protection of aquatic resources;

g) Stopping and resisting persons carrying out inspections and supervision of compliance with regulations on extracting and protecting aquatic resources;

h) Transshipping or providing assistance for vessels determined to be involved in illegal commercial fishing, except for force majeure;

i) Failure to have sufficient communication equipment and vehicle tracking devices or operate them in accordance with regulations of law;

k) Failure to have certificates of eligibility for food safety as prescribed by law;

l) Temporary importation, temporary exportation, merchanting trade and transit of aquatic species and aquatic products originating from illegal commercial fishing;

m) Failure to keep fishing logbooks, failure to keep sufficient and proper logbooks, failure to submit fishing logbooks or reports in accordance with regulations of law;

n) Use of stateless commercial fishing vessels or vessels obtaining nationality of non-member countries for illegal commercial fishing in the international waters under the management of RFMOs;

o) Failure to use commercial fishing vessels in accordance with regulations on extracting and protecting aquatic resources in the international waters not under the management of RFMOs;

2. Organizations and individuals violating regulations prescribed in Clause 1 of this Article, depending on extent of violations, shall face administrative penalties or criminal prosecution in accordance with regulations of law.

3. The Minister of Agriculture and Rural Development shall provide guidelines for publishing the list of commercial fishing vessels engaged in illegal commercial fishing.

Article 61. Confirmation and certification of origins of aquatic products derived from commercial fishing activities

1. Vietnamese competent authorities shall certify that materials and aquatic products are not derived from illegal commercial fishing activities within the Vietnam’s maritime boundary at the requests of organizations and individuals.

2. Competent authorities of the exporting country shall certify that imported aquatic materials are not derived from illegal commercial fishing activities at the requests of importers.

3. Aquatic products derived from imported aquatic materials shall be certified by Vietnamese competent authorities at the request of exporters if these materials are certified to be derived from legal commercial fishing activities by the competent authority of the exporting country.

4. The Minister of Agriculture and Rural Development shall provide guidelines for contents of and procedures for confirming aquatic material and certifying aquatic products derived from commercial fishing activities; confirming that imported aquatic materials or aquatic products manufactured from imported aquatic materials are not derived from illegal commercial fishing.