Chương VIII Luật thủy sản 2017: Quản lý nhà nước về thủy sản

Chapter VIII

STATE ADMINISTRATION OF FISHERIES

Article 101. Responsibilities of the Government, Ministries and ministerial agencies

1. The Government shall ensure consistency in state administration of fisheries in the whole country.

2. The Ministry of Agriculture and Rural Development shall work as a contact point to assist the Government in the state administration and shall:

a) Be in charge of state administration of fishery activities in the whole country; make and provide directions on implementing strategies, plans and schemes for fishery activities;

b) Promulgate or request competent authorities to promulgate and implement policies, legislative documents, standards, technical regulations and economic and technical norms in fishery fields;

c) Provide directions and instructions on and carry out environmental monitoring and warning, aquatic epidemic prevention and commercial fishing at sea; manage processing and trading of aquatic products; ensure quality and aquatic food safety as prescribed by law; set up, manage and provide instructions on updating and accessing to the national fisheries database;

d) Be in charge of state administration of fisheries resources surveillance; provide consistent directions on fisheries resources surveillance;

dd) Organize the issuance, reissuance, extension and revocation of licenses and certificates in fishery activities under it management; authorize or assign the administration in accordance with regulations of law;

e) Organize the investigation, scientific research and technological development, technology transfer; assess and analyze impacts of economic activities on fishery activities;

g) Provide instructions on and carry out state inspections of fishing ports and sheltering anchorages for commercial fishing vessels in the whole country; provide professional training in managing fishing ports and sheltering anchorages for commercial fishing vessels in accordance with regulations of law and announce the list of appointed fishing ports having sufficient systems for certifying origins of caught aquatic species;

h) Be in charge of state administration applicable to marine protected areas and aquatic resources protected areas in the whole country;

i) Be in charge of state administration and provide professional training in fisheries; organize and provide instructions on statistics, information, propagation and popularization of knowledge and legal education in fisheries;

k) Prescribe criteria on and quality of waters used for aquaculture and specialized technical management in fishery activities;

l) Manage, provide directions on, formulate plans for and organize inspection, handling of complaints and denunciation, taking actions against violations of law o fisheries within it power; work as a contact point to join international cooperation in fisheries;

m) Take charge and cooperate with Ministries, ministerial agencies and People’s Committees of provinces in developing software for managing the national fishery database

n) Reserve original breeds and native and endemic aquatic species having economic value.

3. Ministries and ministerial agencies, within their duties and powers, shall cooperate with the Ministry of Agriculture and Rural Development in state administration of fisheries.

Article 102. Responsibilities of People’s Committee of provinces

1. The People’s Committee of each province, within its duties and powers, shall:

a) Promulgate or request competent authorities to promulgate documents provide guidelines for implementation of law on fisheries;

b) Provide directions on and organize management of fishery activities in the province; organize production and catching of aquatic species;

c) Organize the propagation, popularization of and education about laws and knowledge related to fisheries; set up fishery database in the province and update the national fishery database;

d) Organize the issuance, reissuance, extension and revocation of licenses and certificates in fishery activities under it management according to the assignment;

dd) Provide directions on, formulate plans for and organize inspection, handling of complaints and denunciation, taking actions against violations of law on fisheries within its power;

e) Ensure allowances, funding and working conditions for the local fisheries resources surveillance force in accordance with regulations of law;

g) Organize the management of fishing ports and sheltering anchorages for commercial fishing vessels according to assignment; inspect, control and comply with regulations of law on catching and protecting aquatic resources, food safety, environmental safety and fire safety at fishing ports; collect, consolidate and report statistics of aquatic products passing commercial fishing vessels in accordance with regulations and law;

h) Be in charge of state administration applicable to marine protected areas and aquatic resources protected areas in the province;

2. The People’s Committee of a district or a commune, within its duties and powers, shall:

a) Carry out activities and implement methods for managing fishery activities in the district or commune in accordance with regulations of law.

b) Carry out tasks of state administration of fisheries according to assignment or authorization by the supervisory People’s Committee;

c) Propagandize, popularize and provide education about law on fisheries in the district or commune.

Article 103. Responsibilities of Vietnamese Fatherland Front and its affiliated organizations, socio-professional organizations and social organizations

1. The Vietnamese Fatherland Front and its affiliated organizations, within their duties and powers, shall propagandize, mobilize the implementation of policies and law on fisheries; give opinions about promulgating regulations of law, carry out supervision and social criticism in fishery in accordance with regulations of law.

2. Socio-professional organizations and social organizations shall give opinions on promulgating regulations of law on fisheries; propagandize and popularize knowledge of and laws on fisheries; provide consultancy on and technical training in fisheries; protect, regenerate and develop aquatic resources.