Chapter II
AQUATIC RESOURCE PRODUCTION AND BUSINESS LINES REQUIRING PERMITS
Article 3.- Aquatic resource exploitation is a trade that requires permits
Organizations and individuals exploiting aquatic resources in the sea and other natural water areas of Vietnam must have aquatic resource exploitation permits granted by competent State management agencies.
Article 4.- Aquatic resource exploitation permits
1. An organization or individual may apply for aquatic resource exploitation permits (hereinafter called permit for short) for many fishing ships but each permit shall be only inscribed with the name of one fishing ship and valid only for that ship.
2. The term of a permit shall not exceed 12 months.
3. The Ministry of Fisheries shall define forms of permit according to the contents provided for in Clause 2, Article 16 of the Law on Fisheries for nationwide application.
Article 5.- Grant, extension and withdrawal of permits
1. To be granted permits, organizations and individuals must fully meet the following conditions:
a/ Having fishing ship registration certificates;
b/ Having certificates of technical safety of fishing ships, for types of ship defined by the Ministry of Fisheries;
c/ Having crew registry books, for types of ship defined by the Ministry of Fisheries;
d/ Shipmasters and chief engineers, for types of ship defined by the Ministry of Fisheries, must have shipmaster or chief engineer diplomas;
e/ Having suitable exploitation trades and fishing gears as provided for by the Ministry of Fisheries.
2. Permits shall not be granted in the following cases:
a/ Exploitation of banned aquatic species; exploitation in restricted areas, during the ban time or by banned methods;
b/ Exploitation of aquatic species on the list of those whose reserve resources are drastically reducing or threatened with extinction, as announced by the Ministry of Fisheries.
3. Extension of permits Each permit may be extended for many times, with each extension not exceeding 12 months.
4. The withdrawal of permits in different cases is provided for in Article 18 of the Law on Fisheries.
Article 6.- Permit-granting procedures and order
1. A dossier of application for permit comprises:
a/ The written application for permit;
b/ The assorted papers defined in Clause 1, Article 5 of this Decree (notarized copies).
2. A dossier of application for permit extension:
a/ The written application for permit extension;
b/ The certificate of safety of the fishing ship (notarized copy);
c/ The granted permit (copy).
3. Competent permit-granting agencies defined in Article 7 of this Decree shall consider to grant or extend permits within 15 working days as from the date of receiving complete and valid dossiers. In case of not granting or extending permits, they must reply in writing, clearly stating the reasons therefor.
4. Organizations and individuals applying for permits or extension of permits must pay fees. The Finance Ministry shall define levels as well as the collection, payment, management and use of fees for the grant of aquatic resource exploitation permits.
Article 7.- Permit-granting agencies
1. The Department of Aquatic Resource Exploitation and Protection under the Ministry of Fisheries shall grant permits to the following organizations:
a/ Enterprises and organizations attached to the Ministry of Fisheries;
b/ Enterprises and organizations attached to other ministries or centrally-run branches;
c/ Armed forces enterprises and organizations involved in economic activities.
2. Fisheries Sub-Departments or Sub-Departments for Aquatic Resource Exploitation and Protection in the provinces or centrally-run cities shall grant permits to and withdraw them from organizations and individuals whose fishing ships are registered in the provinces or cities, except for fishing ships of organizations mentioned in Clause 1 of this Article.
3. Agencies competent to grant permits shall also be competent to withdraw or extend such permits.
Tìm kiếm
Nghị định 59/2005/NĐ-CP (Bản Word)