Chương IV: Nghị định 26/2019/NĐ-CP hướng dẫn Luật Thủy sản Khai thác thủy sản

Chapter IV

FISHING

Section 1. MANAGEMENT OF ACTIVITIES OF VIETNAM ORGANIZATIONS AND INDIVIDUALS CONDUCTING FISHING ACTIVITIES IN WATERS

Article 42. Zoning for fishing activities

Clause 1 Article 48 of the Law on Fisheries shall be elaborated as follows:

1. Vietnam’s waters shall be divided into 3 fishing zones as follows:

a) Coastal zone, which is delimited by the waterline along the coast and coastal route. Regarding an island, coast zone is the waters extending up to 06 nautical miles from the average line of tide in multiple years around the coast of the island;

b) Inshore zone, which is delimited by the coastal route and inshore route;

c) Offshore zone, which is delimited by the inshore route and outer boundary of the exclusive economic zone of Vietnam's waters.

2. People’s Committees of the two adjacent coastal provinces shall, according to geographical characteristics of the coastal waters, reach an agreement on delimitation and announcement of boundary of coastal fishing zone between the two provinces.

Article 43. Management of activities of fishing vessels within Vietnam's waters

1. Regarding aquatic resource catching vessels:

a) Vessels with a maximum length of at least 15 meters are allowed to carry out activities within offshore zones but not allowed to carry out activities within coastal and inshore zones;

b) Vessels with a maximum length of from 12 meters to less than 15 meters are allowed to carry out activities within inshore zones but not allowed to carry out activities within offshore and coastal zones;

c) Vessels with a maximum length of less than 12 meters that carry out activities within coastal zones are not allowed to carry out activities within inshore and offshore zones. These vessels are only allowed to carry out activities within the coastal zone of the province where they are registered, except for the cases where there is an agreement on activities of fishing vessels within the coastal zone of People's Committees of the two provinces.

2. Regarding aquatic resource fishing logistics vessels:

a) Vessels with a maximum length of at least 15 meters are allowed to carry out activities within coastal, inshore and offshore zones.

b) Vessels with a maximum length of from 12 meters to less than 15 meters are allowed to carry out activities within inshore and coastal zones but not allowed to carry out activities offshore zones;

c) Vessels with a maximum length of less than 12 meters are allowed to carry out activities within coastal zones but not allowed to carry out activities within the inshore and offshore zones.

3. Regulations on flag flying:

a) Vietnamese fishing vessels must fly the national flag of the Socialist Republic of Vietnam (hereinafter referred to as "the national flag") on top of the mizzenmast; for vessels without mizzenmast, the national flag shall be flown on top of the main mast;

b) Any Vietnamese organization or individual that charters a foreign fishing vessel shall fly Vietnamese flag as prescribed in Point a of this Clause.

Article 44. Regulations on management of fishing vessel monitoring system

1. Requirements applied to the fishing vessel monitoring system:

a) The system shall be connected and synchronized with the one installed at the central government monitoring data center and monitoring data centers of 28 coastal cities and provinces.

b) The system shall transmit automatically the following information in at least 12 locations per day through the satellite communications system every 02 hours: location of the vessel (longitude, latitude) and time (minute/hour/date/month/year) to the equipment installed on the fishing vessel with a maximum length of at least 24 meters; and warn the master when the vessel has crossed the permissible maritime boundary.

The system shall transmit the following information in at least 08 locations per day through the satellite communications system or Global System for Mobile Communications (GSM) or ground wave communications system every 03 hours by using MF, HF or VHF: location of the vessel (longitude, latitude) and time (minute/hour/date/month/year) to the equipment installed on the fishing vessel with a maximum length of from 15 meters to less than 24 meters; and warn the master when the vessel has crossed the permissible maritime boundary;

c) Deviations in coordinates of fishing vessel location received from GPS and thus displayed on the fishing vessel monitoring equipment (hereinafter referred to as “the monitoring equipment”) must not exceed 500 m and must have 99% reliability;

d) Each equipment must have its own identity code;

dd) The system shall operate normally in marine environment according to national standards and national technical regulations of Vietnam.

2. Functions of fishing vessel monitoring system software at the monitoring data center:

a) Software at the monitoring data center must be compatible with Microsoft Windows, Android and IOS, and have an intuitive Vietnamese interface. Software must be able to manage all information of fishing vessels provided with monitoring equipment; provide information to central government authorities and local authorities to inspect and monitor activities of fishing vessels; and manage fishing logbooks and fight against illegal fishing;

b) The software interface must display vessel location, time, speed, course, alarm signals, last data update time, weather information and status of the monitoring equipment, and send information to the monitoring equipment.

c) Software must have access, search, tabulation, reporting and data gathering functions in accordance with regulations of the Ministry of Agriculture and Rural Development on provision, management and use of data from the monitoring equipment, and must be able to create a vessel management zone and send automatic warnings upon the exit/entry of vessels from/into such zone;

d) Software must connect and transmit information to the data center of the monitoring equipment supplier; grant privileges to organizations and individuals entitled to use fishing vessel monitoring data;

dd) The electronic map must clearly show information about Vietnam’s exclusive economic zone, islands and archipelagoes, zones prohibited from fishing, no fishing zones and fishing ports provided by Vietnam’s competent authorities.

3. Management and use of fishing data information and data:

a) The Directorate of Fisheries shall unify management of the fishing vessel monitoring system and fishing vessel monitoring data nationwide, manage system and assign local authorities to extract monitoring data and process monitoring data of fishing vessels with a maximum length of at least 24 meters;

b) Departments of Agriculture and Development of coastal provinces and cities shall manage and extract monitoring data of provinces and process monitoring data of vessels with a maximum length of from 15 meters to less than 24 meters;

c) Fishing vessel management organizations at fishing ports shall be designated and allowed by the Ministry of Agriculture and Rural Development to extract and use monitoring data from the fishing vessel monitoring system as assigned;

d) Every monitoring equipment supplier shall update and manage information about vessels, vessel owners and vessel monitoring equipment, automatically transmit it to the central government monitoring data center and monitoring data centers of 28 provinces and cities, and handle loss of signal of its monitoring equipment. After installing equipment on the fishing vessel, the equipment supplier shall notify the Directorate of Fisheries and Department of Agriculture and Rural Development for inspection. Quarterly, biannual, annual or ad hoc reports shall be submitted at the request of the Directorate of Fisheries and Department of Agriculture and Rural Development. Before supplying equipment, the monitoring equipment supplier shall report the specimen of lead to the Directorate of Fisheries.

dd) The vessel owner shall declare information about installation of monitoring equipment according to the Form No. 01.KT in the Appendix IV hereof and send the declaration to the monitoring equipment supplier; pay costs of purchase, installation, maintenance and other services for the monitoring equipment supplier and provide information about monitoring of his/her vessel from the monitoring data center upon request.

The vessel owner shall install the monitoring equipment in a location that ensures its smooth operation and instructions for installation should be available; there must be manual (the manual shall contain at least: 24/24 telephone number, contact address of the supplier); the vessel owner may control status of equipment directly or through accessories. Monitoring equipment shall be protected by fixing leads on the vessel upon installation or after repair;

e) Roadmap for installation of monitoring equipment: Vessels with a maximum length of at least 24 meters, trawling and tuna fishing vessels with a maximum length of from 15 meters to less than 24 meters and vessels with a maximum length of from 15 meters to less than 24 meters must be fitted with the monitoring equipment before July 01, 2019, January 01, 2020 and April 01, 2020 respectively;

g) The master must ensure that monitoring equipment operates 24/24 from the moment a fishing vessel leaves port until it returns. In case the monitoring equipment is damaged, the master must use another communication equipment and report the vessel location to the central government monitoring data center and monitoring data centers of 28 coastal cities and provinces every 06 hours and take the vessel to the port for repair within 10 days from the date on which the monitoring equipment is damaged;

h) Foreign fishing vessels operating within Vietnam’s waters must install monitoring equipment in accordance with technical requirements and regulations on management and use of fishing vessel monitoring system and data specified in this Article;

i) Monitoring data shall be used as a legal ground for managing activities of fishing vessels, impose penalties for administrative violations, handling disputes over fishing gears and stating fishery products processed from catches.

4. Data security:

a) Data stored in server of the monitoring equipment supplier should not be deleted or changed during the storage period;

b) Data transmitted between the monitoring equipment and the server of the monitoring equipment supplier must be encoded to ensure information security during the transmission; data from the server of the monitoring data center must be encoded when being transmitted to other specialized agencies must be encoded as prescribed;

c) Monitoring data shall be stored in the server of the monitoring data center and monitoring equipment supplier for at least 36 months. Data storage and processing servers of the monitoring equipment supplier shall be located in Vietnam;

d) The monitoring equipment supplier shall secure and provide monitoring data in an accurate manner, and shall not provide monitoring data for other organizations and individuals without the approval of the Directorate of Fisheries.

Article 45. Issuance, re-issuance and revocation of fishing licenses

1. An application for issuance of the fishing license includes:

a) An application form (Form No. 02.KT in the Appendix IV hereof);

b) Photocopies of the registration certificate of fishing vessel and fishing vessel safety certificate if the fishing vessel is required to be registered;

c) Photocopies of the certificate/diploma of fishing vessel master and certificate/diploma of fishing vessel chief engineer if the fishing vessel is required to have the certificate/diploma of fishing vessel master and certificate/diploma of fishing vessel chief engineer.

2. An application for re-issuance of the fishing license includes:

a) An application form (Form No. 03.KT in the Appendix IV hereof);

b) An original of the issued fishing license in the case of change of information specified in the license;

3. Procedures for issuance and re-issuance of the fishing license:

a) The applicant shall submit an application to the fishery authority of the province;

b) Within 06 working days (in case of issuance of new license), 03 working days (in case of re-issuance of license) from the receipt of the satisfactory application, the competent authority shall issue or re-issue the fishing license according to the Form No. 04.KT in the Appendix IV hereof;

c) In case of rejection of the application, a response and explanation shall be provided in writing.

4. The expiration date of the fishing license is the same as that of the fishing quota.

5. Revocation of the fishing license:

a) Any authority that has the power to issue the fishing license also has the power to revoke it;

b) When it is found that one of the violations specified in Clause 2 Article 50 of the Law on Fisheries is committed, the competent authority shall issue a decision on revocation of the fishing license and publish a notification thereof on the mass media.

Article 46. Eligibility requirements to be satisfied by fishing vessel operating outside Vietnam’s waters

A fishing vessel operating outside Vietnam’s waters must satisfy the following eligibility requirements:

1. It must have a maximum length of at least 15 meters and not violate illegal fishing regulation.

2. It must be assigned an IMO number.

3. There must be observers in accordance with regulations of the regional fisheries management organization or coastal countries.

4. Crew members and fishers working on board a fishing vessel must obtain a certificate of completion of a course on fisheries management within international waters if the fishing license is issued for the purpose of conducting fishing activities within waters under the jurisdiction of the regional fisheries management organization.

5. The fishing vessel must be fitted with marine communications equipment, including VHF radio transmitters and receivers maintaining a continuous DSC watch on Channel 70 or 16; MF/HF radio transmitters and receivers; NAVTEX receiver, emergency position-indicating radio beacons (EPIRB) and GPS equipment.

6. The fishing vessel must be fitted with monitoring equipment capable of automatically transmitting information through the satellite communications system.

Article 47. Granting approval for fishing vessels operating outside Vietnam’s waters or issuing licenses for fishing vessels operating in waters under the jurisdiction of regional fisheries management organizations

1. An application for approval for a fishing vessel includes:

a) An application form for approval (Form No. 05.KT in the Appendix IV hereof) or an application for license (Form No. 06.KT in the Appendix IV hereof);

b) A certified true copy and Vietnamese translation of the fishing contract approved by the competent authority of the other nation and territory in case of applying for the approval;

c) A photocopy of the registration certificate of fishing vessel;

c) A photocopy of the fishing vessel safety certificate;

dd) List, photos and number of passports of crew members and fishers working on board;

e) Photocopies of the certificate/diploma of fishing vessel master and certificate/diploma of fishing vessel chief engineer;

g) A certificate of completion of a course on fisheries management within international waters in case of issuing the license for fishing vessel operating in waters under the jurisdiction of the regional fisheries management organization.

2. Procedures:

The applicant for approval for fishing vessels operating outside Vietnam’s waters shall submit an application to the Directorate of Fisheries. Within 10 working days from the receipt of the sufficient application, the Directorate of Fisheries shall provide a response and explanation in writing in case of rejection of the application. If the application is satisfactory, the Directorate of Fisheries shall consider and grant:

a) An application form for approval (Form No. 07.KT in the Appendix IV hereof) or an application for license (Form No. 08.KT in the Appendix IV hereof);

b) Crew member list and fishers working on board (Form No. 09.KT in the Appendix IV hereof);

3. After granting the approval or license, within 02 working days from the date on which the approval or license is granted, the Directorate of Fisheries shall send a notification according to the Form No. 10.KT in the Appendix IV hereof to the People's Committee of the province where the fishing vessel operates within Vietnam's waters, and the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs.

4. Upon receipt of the approval or license and relevant documents, the applicant shall submit the original of the granted license for fishing vessels operating within Vietnam’s waters.

5. Any organization or individual that wishes to receive the fishing license the organization or individual submitted shall submit an application form to the Directorate of Fisheries. Within 02 working days from the receipt of the application form, the Directorate of Fisheries shall return the fishing license which the organization or individual submitted.

Section 2. MANAGEMENT OF FOREIGN VESSELS OPERATING WITHIN VIETNAM'S WATERS

Article 48. Issuance, renewal, re-issuance and revocation of license to foreign organizations and individuals having their vessels operating within Vietnam's waters

1. An application for issuance of license includes:

a) An application form (Form No. 11.KT in the Appendix IV hereof);

b) Certified true copies of documents specified in Article 55 of the Law on Fisheries;

c) Crew member list and fishers working on board (Form No. 12.KT in the Appendix IV hereof).

2. An application for re-issuance of license includes:

a) A re-application form (Form No. 13.KT in the Appendix IV hereof);

b) The issued license (if the license is torn);

c) A report on changes of the fishing vessel or fishing gear (if any).

3. An application form for renewal of the license includes:

a) An application form (Form No. 14.KT in the Appendix IV hereof);

b) The fishing vessel safety certificate;

c) A report on activities of the fishing vessel during the effective period of the license;

d) A fishing logbook (if the vessel catches aquatic resources).

4. Procedures:

a) The applicant for issuance, re-issuance and renewal of license for fishing operations of foreign ships in the Vietnam sea to the Directorate of Fisheries;

b) Within 10 working days (in case of issuance of new license), 07 working days (in case of re-issuance of license) from the receipt of the satisfactory application, the Directorate of Fisheries shall issue or re-issue the license for fishing operations of foreign ships in the Vietnam sea according to the Form No. 15.KT in the Appendix IV hereof;

c) Within 06 working days from the receipt of the satisfactory application, the Directorate of Fisheries shall issue the renewed license for fishing operations of foreign ships in the Vietnam sea according to the Form No. 16.KT in the Appendix IV hereof;

d) In case of rejection of the application, a response and explanation shall be provided in writing.

5. Procedures for revocation of the license:

a) Any authority that has the power to issue the fishing license also has the power to revoke it;

b) When it is found that one of the violations specified in Clause 5 Article 56 of the Law on Fisheries is committed, the competent authority shall issue a decision on revocation of the license for fishing operations and publish a notification thereof on the mass media.

Article 49. Regulations applied to foreign fishing vessels entering fishing ports

1. The Ministry of Agriculture and Rural Development shall publish a list of fishing ports designated to allow the entry of foreign fishing vessels and send a list of designated fishing ports to the Food and Agriculture Organization of the United Nations.

2. Foreign vessels are allowed to enter Vietnam’s fishing ports, except for the case in which the foreign vessels appear on the List of vessels engaged in illegal fishing, transport and transshipment and supporting illegal fishing.  Every foreign vessel shall notify the fishing port management organization 24 hours prior to its entry into a Vietnam’s fishing port according to the Form No. 17.KT in the Appendix IV hereof.

3. The fishing port management organization shall approve the foreign vessel in order for the customs authority and border guard force to complete entry and exit procedures as prescribed; notify the local fishery authority or the inspection office of the port to inspect and verify information about origin of fishery products on board. The inspection and verification shall be carried out as prescribed in Clauses 3, 4, 5 and 6 Article 70 of this Decree.

4. After information has been inspected and verified, the Directorate of Fisheries shall immediately notify countries related to the vessel and vessel schedule.

5. When entering, leaving or anchored within Vietnam’s fishing port water areas, foreign vessels must fly Vietnamese flag on top of the highest mast of the vessel and fly flag of the country where the vessel is registered on the lower mast.