Chương V: Nghị định 26/2019/NĐ-CP hướng dẫn Luật Thủy sản Quản lý tàu cá, tàu công vụ, cảng cá, khu neo đậu tránh trú bão cho tàu cá

Chapter V

MANAGEMENT OF FISHING VESSELS, SHIPS OF FISHERY AUTHORITIES, FISHING PORTS AND SHELTERED ANCHORAGES FOR FISHING VESSELS

Article 50. Classification of fishing vessel building and modification facilities

Fishing vessel building and modification facilities shall be classified as follows:

1. Class I facilities: build and modify all types of fishing vessels according to shell materials.

2. Class II facilities: build and modify fishing vessels with a maximum length of less than 24 meters according to shell materials.

3. Class III facilities: build and modify fishing vessels with a maximum length of less than 15 meters according to shell materials.

Article 51. Eligibility requirements to be satisfied by a steel fishing vessel building and modification facility

1. There must be factories and necessary equipment according to Section 1 in the Appendix VI hereof.

2. There must be a quality control and management department and technical staff according to Section 4 in the Appendix VI hereof.

3. There must be a quality management system certification according to ISO 9001 or equivalent (applicable to Class I and Class II facilities); there must be technical procedures according to national technical regulation on classification and construction of fishing vessels (applicable to Class III facilities).

Article 52. Eligibility requirements to be satisfied by a wooden fishing vessel building and modification facility

1. There must be factories and necessary equipment according to Section 2 in the Appendix VI hereof.

2. There must be a quality control and management department and technical staff according to Section 5 in the Appendix VI hereof.

3. There must be a quality management system certification according to ISO 9001 or equivalent (applicable to Class I and Class II facilities); there must be technical procedures according to national technical regulation on classification and construction of fishing vessels (applicable to Class III facilities).

Article 53. Eligibility requirements to be satisfied by a new material fishing vessel building and modification facility

1. There must be factories and necessary equipment according to Section 3 in the Appendix VI hereof.

2. There must be a quality control and management department and technical staff according to Section 6 in the Appendix VI hereof.

3. There must be a quality management system certification according to ISO 9001 or equivalent (applicable to Class I and Class II facilities); there must be technical procedures according to national technical regulation on classification and construction of fishing vessels (applicable to Class III facilities).

Article 54. Issuance, re-issuance and revocation of certificates of eligibility for building and modifying fishing vessels

1. An application for issuance of the certificate of eligibility includes:

a) An application form (Form No. 01.TC in the Appendix V hereof);

b) A description of eligibility requirements (Form No. 02.TC in the Appendix V hereof).

2. An application for re-issuance of the certificate of eligibility includes:

a) An application form (Form No. 03.TC in the Appendix V hereof);

b) The issued certificate of eligibility.

3. Procedures for issuance and re-issuance of the certificate of eligibility:

a) The applicant shall submit an application to the Department of Agriculture and Rural Development of the province where the fishing vessel building and modification facility is located;

b) Within 07 working days from the receipt of the sufficient application, the Department of Agriculture and Rural Development shall inspect and assess the fulfillment of eligibility requirements by the facility. If the facility fails to satisfy all eligibility requirements, the facility shall take corrective actions. After taking corrective actions, the facility shall notify the Department of Agriculture and Rural Development in writing to inspect and assess the fulfillment of eligibility requirements by the facility;

c) If the application is satisfactory and the facility satisfies all eligibility requirements, within 03 working days from the end of the inspection/assessment, the Department of Agriculture and Rural Development shall issue the certificate of eligibility for building and modifying fishing vessels according to the Form No. 04.TC in the Appendix V hereof;

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

4. Procedures for revocation of the certificate of eligibility:

a) Any authority that has the power to issue the certificate of eligibility for building and modifying fishing vessels also has the power to revoke it;

b) If the facility is found committing one of the violations specified in Clause 3 Article 64 of the Law on Fisheries, the competent authority shall issue a decision on revocation of the issued certificate of eligibility and publish a notification thereof on the mass media.

Article 55. Classification of fishing vessel registries and regulations on registration of ships of fishery authorities

1. Fishing vessel registries shall be classified as follows:

a) Class I registries: grant registration to all types of fishing vessels;

b) Class II registries: grant registration to fishing vessels with a maximum length of less than 24 meters;

c) Class III registries: grant registration to fishing vessels with a maximum length of less than 15 meters.

2. Regulations on registration of ships of fishery authorities:

a) Organizations in charge of managing ships of fishery authorities are entitled to select fishing vessel registries or other registries to apply for registration;

b) Supervision of technical and environmental safety and quality of ships of fishery authorities shall be carried out in accordance with registration regulations of the selected registry.

Article 56. Eligibility requirements to be satisfied by a fishing vessel registry

1. Regarding Class I fishing vessel registry:

a) The registry shall be established by the competent authority (in case of a public registry) or established in accordance with regulations of the Law on Enterprises and Law on Cooperatives; the fishing vessel registry must be legally and financially independent of the organizations and individuals trading, building, modifying and designing fishing vessels;

b) The registry must have necessary infrastructure and equipment: data storage and input equipment, equipment connected to the Internet and transmitting data to relevant authorities involved in fishing vessel registration, tools and equipment serving technical inspection according to the Appendix VII hereof;

c) The registry must have registrars obtaining at least a bachelor’s degree in ship hull engineering, marine engineering, electric engineering, fishing, heat and refrigeration engineering or fisheries product processing. There must be at least 01 Class I registrar and 02 Class II registrars;

d) The registry must establish and maintain the application of a quality management system according to ISO 9001 or equivalent.

2. Regarding Class II fishing vessel registry:

a) The registry must satisfy the eligibility requirements specified in Points a, b and d Clause 1 of this Article;

b) Registrars must obtain at least a bachelor’s degree in ship hull engineering, marine engineering, electric engineering, fishing, heat and refrigeration engineering or fisheries product processing. There must be at least 02 Class II registrars.

3. Regarding Class III fishing vessel registry:

a) The registry must satisfy the eligibility requirements specified in Points a and b Clause 1 of this Article;

b) Registrars must obtain at least a level 5 of VQF Advanced Diploma in ship hull engineering, marine engineering and fishing. There must be at least 01 Class II registrar;

c) A procedure for technical inspection and supervision of fishing vessels must be established in accordance with the national technical regulation on classification and construction of fishing vessels.

4. Class I and Class II fishing vessel registries are allowed to establish their affiliated branches near the fishing vessel anchorages or fishing vessel building and modification facilities. Each branch must satisfy the eligibility requirement specified in Point b Clause 1 of this Article and must have registrars obtaining at least a bachelor’s degree in ship hull engineering, marine engineering, electric engineering, fishing, heat and refrigeration engineering or fisheries product processing. There must be at least 02 Class II registrars if the branch is affiliated to the Class I fishing vessel registry and at least 01 Class II registrar if the branch is affiliated to Class II fishing vessel registry.

Article 57. Granting approval for building, modification, chartering and purchase of Vietnamese fishing vessels

1. An application form for approval for building, modification, chartering and purchase of Vietnamese fishing vessels includes an application form made using Form No. 05.TC in the Appendix V hereof.

2. The applicant shall submit an application to the Department of Agriculture and Rural Development.

3. Within 03 working days from the receipt of the satisfactory application, the Department of Agriculture and Rural Development shall appraise the application according to quota on issuance of the fishing license and specific criteria laid down by the province and consider granting approval according to the Form No. 06.TC in the Appendix V hereof. In case of rejection of the application, a response and explanation shall be provided in writing.

Article 58. Issuance of license to import fishing vessels

1. An application for issuance of the license to import fishing vessels:

a) An application form (Form No. 07.TC in the Appendix V hereof);

b) Fishing vessel import contract or bareboat charter;

c) A photocopy of the fishing vessel safety certificate or photocopies of documents about fishing vessel classification whose remaining effective period is at least 06 months, issued by the registry of the home country of the vessel (the photocopies must bear the seal of the importer);

d) A photocopy of registration certificate of fishing vessel if the fishing vessel has been used (the photocopy must bear the seal of the importer);

dd) Shipbuilding contract and contract completion note in the case of newly built fishing vessel.

2. Documents mentioned in Points b, c, d and dd Clause 1 of this Article must be translated into Vietnamese language.

3. Procedures for issuance of the license to import fishing vessels:

a) The applicant shall submit an application to the Directorate of Fisheries;

b) Within 07 working days from the receipt of the satisfactory application, the Directorate of Fisheries shall consider issuing the license to the applicant according to the Form No. 08.TC in the Appendix V hereof. In case of rejection of the application, a response and explanation shall be provided in writing;

c) The license to import fishing vessels and charter bareboat shall be sent to the applicant and relevant authorities: Department of Agriculture and Rural Development of the province where the fishing vessel owner registers his/her permanent address, Border Guard High Command affiliated to the Ministry of National Defense and General Department of Customs affiliated to the Ministry of Finance.

Article 59. Regulations on donated fishing vessels

1. The donation of fishing vessels means a foreign Government or foreign organization/individual donating fishing vessels to Vietnamese Government or Vietnamese organization/individual to serve fishing or public service activities related to fisheries.

2. The Directorate of Fisheries shall, according to the demand, current situation and external relations, decide on the receipt of fishing vessels donated by foreign Government, organizations and individuals to Vietnamese regulatory authorities.

3. Vietnamese organizations and individuals receiving fishing vessels donated by foreign organizations and individuals shall satisfy all conditions specified in Clause 2 Article 66 of the Law on Fisheries.

4. Procedures for import of fishing vessels donated by foreign organizations and individuals to Vietnamese organizations and individuals are specified in Article 58 of this Decree.

Article 60. Regulations on depth of channels to ports and port water areas

1. Regarding Class I fishing ports: the depth of channels to ports and port water areas must be enough for fishing vessels with a maximum length of at least 24 meters to leave and enter the ports.

2. Regarding Class II fishing ports: the depth of channels to ports and port water areas must be enough for fishing vessels with a maximum length of at least 15 meters to leave and enter the ports.

Article 61. Contents and procedures for opening and closing fishing ports

1. An application for opening of a fishing port:

a) An application form (Form No. 09.TC in the Appendix V hereof);

b) A permit for construction of the fishing port;

c) Photocopies of fishing port’s regulations and plan for operation of fishing port;

d) A photocopy of the decision on establishment of fishing port management organization;

dd) A record of commissioning of the fishing port that has put into operation enclosed with an as-built drawing;

e) Notice to mariners about channel of the port and water areas in front of the wharf;

g) Documents certifying the performance of the following tasks specified in the report and requirements specified in the decision on approval for the environmental impact assessment report;

h) A record on fire safety commissioning.

2. Procedures for opening a fishing port:

a) The fishing port management organization shall submit an application specified in Clause 1 of this Article to the competent authority specified in Clause 3 Article 79 of the Law on Fisheries;

b) Within 06 working days from the receipt of the satisfactory application, the competent authority shall consider the application, carry out a site survey of the fishing port and decide to open the fishing port according to the Form No. 10.TC in the Appendix V hereof. In case of rejection of the application, a response and explanation shall be provided in writing;

c) Within 02 days from the date of issuing the decision on opening of the fishing port, the competent authority shall publish it on the mass media.

3. The decision on opening of fishing port shall contain at least name of the fishing port; type of fishing port; coordinate of the fishing port; entrance of the channel, depth and width of the channel to the port; length of the wharf; size and type of the largest fishing vessel that is able to enter a port; handling capacity; date on which the fishing port starts its operation.

4. Closing of a fishing port:

a) The competent authority specified in Clause 3 Article 79 of the Law on Fisheries shall issue a decision on closing of the fishing port in one of the cases specified in Clause 2 Article 79 of the Law on Fisheries, and revoke the issued decision on opening of the fishing port;

b) The decision on closing of fishing port shall be made using the Form No. 11.TC in the Appendix V hereof.