Chương VI: Nghị định 26/2019/NĐ-CP hướng dẫn Luật Thủy sản Kiểm ngư

Chapter VI

FISHERIES RESOURCES SURVEILLANCE

Article 62. Organizational structure of the fisheries resources surveillance force

1. Organizational structure of central fisheries resources surveillance force:

a) Department of Fisheries Resources Surveillance is an agency affiliated to the Directorate of Fisheries affiliated to the Ministry of Agriculture and Rural Development. The Department of Fisheries Resources Surveillance includes specialized divisions, regional Sub-departments of Fisheries Resources Surveillance and Fisheries Resources Surveillance Center;

b) A regional Sub-department of Fisheries Resources Surveillance includes specialized divisions, fisheries resources surveillance fleets and fisheries resources surveillance stations;

c) Departments of Fisheries Resources Surveillance and regional Sub-departments of Fisheries Resources Surveillance have separate legal status, head office, seal and account opened at the State Treasury;

d) Fisheries resources surveillance stations affiliated to regional Sub-departments of Fisheries Resources Surveillance have a separate seal to carry out administrative transactions and impose penalties for administrative violations within their power.

2. Fisheries resources surveillance forces of coastal provinces and central-affiliated cities are organizations affiliated to fishery authorities of provinces and established by People’s Committees of provinces.

Article 63. Benefits for fisheries resources surveillance members

1. Seniority allowance of fisheries resources surveillance officials whose salaries are paid according to their ranks:

a) After 5 years (60 months in total) of continuously working for the  fisheries resources surveillance, the seniority allowance is equal to 5% of the current salary plus (+) the leadership allowance and extra-seniority allowance (if any);

b) From the sixth year onwards, 1% shall be added.

2. Responsibility allowance of fisheries resources surveillance officials whose salaries are paid according to their ranks:

a) Principal fisheries resources surveillance members are entitled to the responsibility allowance that is equal to 20% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any);

b) Fisheries resources surveillance members are entitled to the responsibility allowance that is equal to 25% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any);

c) Middle fisheries resources surveillance members are entitled to the responsibility allowance that is equal to 30% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any).

3. Incentive allowance of officials whose salaries are paid according to ranks of fisheries resources surveillance ship officers:

a) Principal fisheries resources surveillance ship officers are entitled to the incentive allowance that is equal to 40% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any);

b) Fisheries resources surveillance ship officers are entitled to the incentive allowance that is equal to 45% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any);

c) Middle fisheries resources surveillance ship officers are entitled to the incentive allowance that is equal to 50% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any).

4. Officials, public employees and employees working on board fisheries resources surveillance ships are entitled to a hazard and danger allowance equal to 30% of the statutory pay rate.

5. Officials, public employees and employees working on board fisheries resources surveillance ships during the period they actually perform their duties within Vietnam’s waters are entitled to special allowance, attraction allowance and region-based allowance. To be specific:

a) The special allowance is equal to 50% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any);

b) The attraction allowance is equal to 70% of their current salary plus (+) the leadership allowance and extra-seniority allowance (if any);

c) The region-based allowance is equal to 70% of the statutory pay rate.

The special allowance, attraction allowance and region-based allowance specified in Points a, b and c Clause 5 of this Article is equal to the monthly allowance divided by (:) 22 days multiplied by (x) days on which duties are actually performed within Vietnam’s waters.

6. Responsibility allowance:

a) Masters of fisheries resources surveillance ships are entitled to a responsibility allowance equal to 50% of the statutory pay rate;

b) Mates and chief engineers of fisheries resources surveillance ships are entitled to a responsibility allowance equal to 30% of the statutory pay rate;

c) Engineering officers and bosuns are entitled to a responsibility allowance equal to 20% of the statutory pay rate.

7. Per diem at sea: During their voyage, officials, public employees and employees working on board fisheries resources surveillance ships are entitled to a per diem equal to 20% of the statutory pay rate/person/day of travel at sea.

Article 64. Funding sources for fisheries resources surveillance activities

1. The state budget shall provide funding for fisheries resources surveillance activities according to applicable distribution of the state budget:

a) The central government budget shall provide funding for activities of the central fisheries resources surveillance force, including: investment; recurrent expenditures;

b) The local government budget shall provide funding for activities of fisheries resources surveillance forces of coastal provinces and central-affiliated cities, including: investment; recurrent expenditures;

c) The fishery resource surveillance authority shall, according to the ability to balance budget and administrative fines of the year preceding the current year, make an annual estimate of operating funding for the plan year and submit it to the finance authority at the same level, which will submit it to a competent authority in accordance with the Law on State Budget and its instructional documents. Revenue from fines shall be used to cover recurrent costs of fisheries resources surveillance.

2. Other funding sources prescribed by law.

Article 65. Expenditures on fisheries resources surveillance activities

1. Expenditures on operation of the fisheries resources surveillance force shall comply with Government’s regulations on exercise of autonomy over employment of permanently employed employees and use of administrative management funding by regulatory authorities.

2. Expenditures on fisheries resources surveillance activities from the funding annually provided by the state budget:

a) Expenditures on hotline watch which ensures issues arising from fishing at sea between Vietnam and neighboring countries are handled and other watch-related duties assigned by the competent authority;

b) Allowances and per diem at sea for officials, fisheries resources surveillance members, fisheries resources surveillance ship officers and employees working on board fisheries resources surveillance ships during their voyage;

c) Expenditures on organization of fisheries resources surveillance conferences, seminars, reviews and training courses;

d) Expenditures on purchase of materials and fuels for fisheries resources surveillance ships involved in inspection, patrol, control and specialized inspection; natural disaster management, search and rescue and incident response at sea; cooperation with relevant forces in patrolling, inspecting and taking actions against foreign fishing vessels violate Vietnam’s waters and prevention of Vietnamese fishing vessels from violation of foreign waters; protection of sovereignty in Vietnam’s waters and islands;

dd) Expenditures on buying insurance for fisheries resources surveillance fleets (insurance for people working on board fisheries resources surveillance ships, insurance for fisheries resources surveillance ships and boats); and other taxes and fees prescribed by law;

e) Expenditures on collection and purchase of information from collaborators, processing of information, documents and evidences relating to fisheries resources surveillance  and specialized inspection; expenditures on carrying out investigation and soliciting expert assessment of issues concerning fisheries resources surveillance  and specialized inspection;

g) Expenditures on hiring docking location and anchorage for fisheries resources surveillance fleets and violating ships held in custody by the fisheries resources surveillance force;

h) Expenditures on periodic and unexpected repair of fisheries resources surveillance ships and boats;

i) Expenditures on procurement of fisheries resources surveillance vehicles, ships and boats, military weapons, combat gears, specialized equipment and clothing for fisheries resources surveillance forces; procurement of lost raw materials and equipment, medicines and medical equipment for giving first aid on fisheries resources surveillance ships and boats;

k) Expenditures on management of fisheries resources surveillance database, maintenance and operation of fisheries resources surveillance information system;

l) Expenditures on propagation of information and broadcasting of hot news on fisheries resources surveillance, and on dissemination of laws on fisheries resources surveillance; on design and printing of forms used in fisheries resources surveillance;

m) Wages, salaries and salary-based amounts paid to officials whose salaries are not covered by state budget in accordance with applicable regulations of law on employment contract;

n) Expenditures on unexpectedly rewarding collectives and individuals for making outstanding contributions to the patrol, inspection and control, thereby ensuring proper enforcement of law on fisheries and to the protection of sovereignty at sea;

o) Expenditures on exchanging experience, cooperating with fisheries resources surveillance forces of other countries in carrying out patrol and inspection at sea;

p) Expenditures on providing assistance in case any official or fisher is injured or dead while performing their duties at sea; no more than VND 5 million/dead person, VND 2 million/injured person;

q) Other expenditures related to fisheries resources surveillance activities.

3. Revenue from administrative fines collected by the fisheries resources surveillance shall be used for:

a) paying wages, salaries and salary-based amounts to officials whose salaries are not covered by the state budget; unexpectedly rewarding collectives and individuals for making outstanding contributions to the patrol, inspection and control, thereby ensuring proper enforcement of law on fisheries and to the protection of sovereignty at sea;

b) exchanging experience and cooperating with fisheries resources surveillance forces of other countries in carrying out patrol and inspection at sea;

c) providing assistance in case any official or fisher is injured or dead while performing their duties at sea; no more than VND 5 million/dead person, VND 2 million/injured person.