Chương I: Nghị định 26/2019/NĐ-CP hướng dẫn Luật Thủy sản Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates Clause 10 Article 10, Point b Clause 3 Article 13, Clause 4 Article 16, Clause 5 Article 21, Point a Clause 2 Article 23, Article 24, Clause 5 Article 25, Clause 5 Article 27, Clause 4 Article 28, Clause 2 Article 32, Clause 5 Article 34, Clause 6 Article 35, Clause 5 Article 36, Clause 5  Article 38, Clause 3 Article 39, Clause 3 Article 40, Clause 1 Article 48, Point dd Clause 2 Article 50, Clause 3 Article 51, Clause 2 Article 53, Clause 7 Article 56, Point k Clause 2 Article 57, Clause 4 Article 64, Clause 4 Article 66, Clause 2 Article 68, Point d Clause 1 and Point d Clause 2 Article 78, Clause 4 Article 79, Clause 2 Article 89, Clause 3 Article 94, Clause 7 Article 98, and Clause 3 Article 99 of the Law on Fisheries and guidelines for implementation of the Law on Fisheries.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign organizations and individuals carrying out fishing activities or related to fishing activities in land, islands, archipelago and waters of Vietnam; Vietnamese organizations and individuals carrying out fishing activities outside the waters of Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “intensive aquaculture” means the aquaculture that is carried out under the condition that the growth and production of aquatic species are kept under control and the growth of aquatic species entirely depends on the aquafeeds.

2. “semi-intensive aquaculture” means the aquaculture that is carried out under the condition that the growth and production of aquatic species are partially kept under control and the growth of aquatic species entirely depends on natural feeds and aquafeeds.

3. “coastal route” means a broken line made up of straight lines that join points 01 to 18. The coordinates of points 01 to 18 are defined by longitude and latitude specified in the Appendix IV-A hereof.

4. “inshore route” means a broken line made up of straight lines that join points from 01’ to 18’. The coordinates of points from 01’ to 18’ are defined by longitude and latitude specified in the Appendix IV-A hereof.

5. “fishing vessel monitoring system” means a system integrated with equipment that is installed on a fishing vessel connected to the fishing vessel monitoring data center (hereinafter referred to as “the monitoring data center”) to manage and monitor the voyage and activities of the fishing vessels in the waters.

6. “monitoring equipment installed on board a fishing vessel” means the terminal equipment that receives, stores and transmits information about activities of the fishing vessel and is activated and set to transmit data to the monitoring data center.

7. “fishery transshipment” means an act of transferring the catch from one vessel to another vessel.

8. “subdivision under strict protection of a marine protected area (MPA)” means the waters, island, archipelago or coastal waters that is defined to defend the integrity and status quo, and monitor natural developments of aquatic animals and plants, and marine ecosystem.

9. “ecological recovery subdivision of an MPA” means the waters, island, archipelago or coastal waters that is defined to recover and regenerate aquatic animals and plants, and marine ecosystem.

10. “service and administration subdivision of an MPA” means the waters, island, archipelago or coastal waters that is defined to provide services, carry out administration-related activities and controlled fishing activities.

11. “ecotone of an MPA” means the waters, island, archipelago or coastal waters that surrounds or is adjacent to the inside boundary of a protected area in order to prevent and mitigate adverse external impacts on the protected area.

12. “aquatic resource fishing logistics vessel” includes vessels engaging in exploration, search for and trapping of aquatic resources, vessels engaging in transport (transshipment, processing) of fishery products, except container vessels.

13. “illegal fishing” means fishing activities conducted by Vietnamese or foreign vessels without permission in maritime  waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations; conducted by fishing vessels flying the flag of States that are contracting parties to a relevant regional fisheries management organization, but which operate in contravention of the conservation and management measures adopted by that organization and by which those States are bound, or of relevant provisions of the applicable international law; or conducted by fishing vessels in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organization.

14. “unreported fishing” means fishing activities which have not been reported, or have been misreported, to the Vietnamese authority, in contravention of Vietnam’s laws and regulations; or which have been undertaken in the area of competence of a relevant regional fisheries management organization and have not been reported, or have been misreported, in contravention of the reporting procedures of that organization.

15. “unregulated fishing” means fishing activities conducted in the area of application of a relevant regional fisheries management organization by fishing vessels without nationality, by fishing vessels flying the flag of a State not party to that organization or by any other fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or conducted in areas or for fish stocks in relation to which there are no applicable conservation or management measures by fishing vessels in a manner that is not consistent with State responsibilities for the conservation of living marine resources under international law.

Article 4. General provisions on completion of administrative procedures specified in this Decree

1. Submission of documents serving administrative procedures: according to the methods for receipt of documents and returning of results adopted by the authority handling administrative procedures, organizations and individuals shall submit documents whether in person or by post or online (national single-window system, online public service, software, email or fax). To be specific:

a) If documents are submitted in person or by post: the documents must be originals or certified true copies or photocopies bearing the seal of the competent authority;

b) If documents are submitted online, the documents must be scanned or photocopied from the originals.

2. Number of documents: 01 set.

3. Time limit for replying to the adequacy of documents:

a) If documents are submitted in person, the authority handling administrative procedures shall inspect documents and give a response as soon as an organization/organization submits the documents.

b) If documents are submitted by post or online, within 02 working days, the authority handling administrative procedures shall inspect their adequacy. If the documents are inadequate, it shall notify the organization/individual.

4. Methods for paying fees and charges for completing administrative procedures: organizations and individuals shall pay fees and charges in accordance with applicable regulations to the authority handling administrative procedures, whether in person or by wire transfer or another appropriate mean.

5. Methods for returning results: the authority handling administrative procedures shall return results directly at the document receipt area or by post or online.

6. In case any regulations herein are contrary to the regulations laid down in Clauses 1, 2, 3, 4 or 5 of this Article, such regulations shall apply.

7. Documents written in a foreign language shall be translated into Vietnamese language.

8. Organizations and individuals shall take responsibility for the legitimacy of the submitted documents.