Chương VI Luật thủy sản 2017: Kiểm ngư

Chapter VI

FISHERIES RESOURCES SURVEILLANCE

Article 87. Functions of the fisheries resources surveillance force

Fisheries resources surveillance force is a state force which exercises Vietnam law and relevant international treaties to which the Socialist Republic of Vietnam is signatory related to extraction and protection of aquatic resources.

Article 88. Duties and power of the Fisheries Resources Surveillance force

1. The fisheries resources surveillance force shall:

a) Patrol, inspect, control, investigate and take action against violations of laws, apply measures for preventing violations in accordance with regulations of law;

b) Propagandize, popularize and provide education about Vietnam laws, international laws and laws of relevant countries on fisheries; instruct fishers and relevant organizations and individuals to implement regulations of law on fisheries;

c) Appoint force to cooperate in rescue in accordance with regulations of laws; be engaged in natural disaster prevention and control;

d) Protect Vietnamese sovereignty, sovereign rights and jurisdiction over the waters in accordance with regulations of law;

dd) Promote international cooperation in fisheries resources surveillance;

e) Take charge and cooperate with relevant organizations in providing training for officials, public employees, members of the fisheries resources surveillance (hereinafter referred to as “surveillance members”), ship officers on fishery surveillance ships;

g) Cooperate with other relevant authorities in fisheries resources surveillance.

2. The fisheries resources surveillance has power to:

a) Request relevant organizations and individuals to provide necessary information and documents for inspecting, patrolling, controlling, investigating, detecting and taking actions against violations of law on extracting and protecting aquatic resources;

b) Manage and use weapons, combat gears, technical equipment and professional methods for carry out fisheries resources surveillance in accordance with regulations of law on management and use of weapons, explosives and combat gears and other relevant regulations of law;

c) Chase, arrest and apply prevention methods for people and vehicles failing to comply with orders, resisting or deliberately running away in accordance with regulations of law.

Article 89. Organization of the fisheries resources surveillance force

1. The fisheries resource surveillance force includes:

a) Central fisheries surveillance force;

b) Fisheries surveillance force of coastal provinces that shall be organized to ensure the protection of aquatic resources and local resources.

2. The Government shall provide detailed guidelines for organization of the fisheries resources surveillance force, state administration, allowances and policies applicable to the fisheries resources surveillance.

Article 90. Surveillance members

1. Surveillance members are officials that are appointed to payroll of the fisheries resources surveillance.

2. Surveillance members shall be issued with fisheries surveillance cards, uniforms, insignias, fisheries surveillance signage and specialized equipment.

3. A surveillance member has the following powers and responsibilities:

a) He/she has power to request relevant organizations and individuals to provide necessary information and documents for inspecting, patrolling, controling, invetisgating, detecting and taking actions against violations of law on extracting and protecting aquatic resources;

b) He/she has power to impose penalties for administrative violations and apply methods for preventing administrative violations in accordance with regulations of law;

c) He/she may use weapons, combat gears, specialized vehicles and equipment in accordance with regulations of law;

d) He/she shall wear uniform, insignia and fisheries surveillance signage in accordance with regulations of law;

dd) He/she shall comply with regulations of law, be accountable to the head of the supervisory authority and take legal responsibilities for assigned duties and powers.

Article 91. Fisheries surveillance ship officers

1. Fisheries surveillance ship officers include:

a) Officials appointed to the payroll of fisheries surveillance ship officers;

b) Public employees who are employed to work on the fisheries surveillance ship;

c) Employees who work under labor contracts on the fisheries surveillance ship.

2. Fisheries surveillance ship officers shall wear uniforms, insignias and fisheries surveillance signages when performing their duties in accordance with regulations issued by the Minister of Agriculture and Rural Development.

3. The Minister of Agriculture and Rural Development shall prescribe functions, duties and powers of fisheries surveillance ship officers and manning levels thereof.

Article 92. Fisheries surveillance collaborators

1. Fisheries surveillance collaborators are Vietnamese citizens who provide information for and assistance in the fisheries resources surveillance activities.

2. Fisheries surveillance collaborators may be paid for their activities and receive allowances for providing information in accordance with regulations of law; have their security of information sources ensured and have their legal rights and interests protected in accordance with regulations of law.

Article 93. Vehicles, equipment and uniforms of the fisheries resources surveillance

1. The fisheries resources surveillance shall be equipped with fisheries surveillance ships, specialized communication media, specialized equipment, weapons and combat gears to perform their functions and duties and exercise their powers in accordance with regulations of law.

2. Officials, public employees and employees under labor contracts working in a fishery surveillance authority shall wear consistent uniforms.

3. The Minister of Agriculture and Rural Development shall prescribe uniforms of the fisheries resources surveillance; paint color, code and operation limit of fishery surveillance ships; registration of fishery surveillance ships.

Article 94. Sources of funding for fisheries resources surveillance activities

1. Investment in and operation of the fisheries resources surveillance shall be funded by the state budget according to applicable distribution thereof and other sources of funding in accordance with regulations of law.

2. Amounts of money collected from people under penalties for administrative violations by the fisheries resources surveillance shall be paid to the state budget. Fishery surveillance authorities shall be provided with a part of the abovementioned amounts to serve its operation.

3. The Government shall provide detailed guidelines for Clause 2 of this Article.

Article 95. Appointment and mobilization of people and vehicles in fisheries resources surveillance activities

1. In case of emergency, the appointment and mobilization of people and vehicles in fisheries resources surveillance activities shall be specified as follows:

a) The Minister of Agriculture and Rural Development has power to issue orders to appoint people and vehicles under their management and request the relevant Ministers and Chairmen/Chairwomen of People’s Committees of provinces to mobilize people and vehicles;

b) Chairmen/Chairwomen of shall issue orders to appoint people and vehicles under their management and request relevant Ministers and Chairmen/Chairwomen of People’s Committees of provinces to mobilize people and vehicles;

2. Organizations and individuals that are mobilized or have their vehicles mobilized shall comply with appointment orders issued by competent persons.

3. Authorities in charge of appointment and mobilization shall pay mobilized organizations and individuals in accordance with regulations issued by the Ministry of Finance. Damage arising during the appointment and mobilization shall be compensated. Died or injured individuals are considered to receive allowances or policies in accordance with regulations of law on preferential treatment of people with meritorious services to the revolution.