Chương 2 Nghị định 86/2001/NĐ-CP: Điều kiện khai thác thuỷ sản

Chapter II

CONDITIONS FOR EXPLOITATION OF AQUATIC RESOURCES

Article 3.- Conditions for exploitation of aquatic resources

Organizations and individuals that exploit aquatic resources must have aquatic resources exploitation permits, except for aquatic resources exploitation occupations prescribed in Appendix 1 to this Decree.

Article 4.- Aquatic resources exploitation permit (hereinafter referred to as permit for short)

1. An organization or individual may apply for permits for many fishing ships, provided that each permit inscribes only one ship and is valid only for such ship.

2. The duration of a permit shall not exceed 36 months.

3. The Ministry of Aquatic Resources shall prescribe the permit form (not printed herein) for uniform use thereof.

Article 5.- Conditions for granting permits

1. Having the certificate of fishing ship registration.

2. Having the book of certification of operating capacity of fishing ship.

3. Having fishing tackles, which conform to the regulations of the Ministry of Aquatic Resources on resource protection and development.

4. Having crew registry scroll and crew members book for crew members working on board as prescribed by the Ministry of Aquatic Resources.

5. Shipmaster and chief engineer, for certain types of ships prescribed by the Ministry of Aquatic Resources, must have shipmaster’s and chief engineer’s diplomas.

Article 6.- Permit-granting procedures

1. A dossier of application for a permit comprises:

a/ A permit application (made according to the form set by the Ministry of Aquatic Resources);

b/ Papers prescribed at Points 1, 2, 4 and 5, Article 5 of this Decree (true copies thereof).

2. Permit-granting agency(ies) shall have to:

a/ Receive and verify dossiers;

b/ Within 15 days after receiving complete and valid dossiers, grant permits, or reply in writing, clearly justifying reasons for refusal to grant permits.

3. Organizations and individuals that apply for permits shall have to pay fee prescribed by law.

4. For enterprises established and operating under the Law on Foreign Investment in Vietnam, the procedures for applying for permits shall comply with the Government’s Decree No. 49/1998/ND-CP of July 13, 1998.

Article 7.- Permit-granting agencies

1. The Department for Aquatic Resources Protection under the Ministry of Aquatic Resources shall grant permits to the following organizations and individuals:

a/ Units attached to the Ministry of Aquatic Resources;

b/ Units attached to other ministries and central branches;

c/ Armed force units engaged in economic activities.

2. The Sub-Departments for Aquatic Resources Protection in the provinces and centrally-run cities shall grant permits to organizations and individuals other than those mentioned in Clause 1 of this Article.

Article 8.- Other regulations on permits

1. Permits shall be withdrawn in the following cases:

a/ When permit holders means are liquidated or lost, fail to satisfy the safety requirements, thus being suspended from operation, or change hands;

b/ Permits are erased, crossed out or modified;

c/ Persons on board violate regulations on aquatic resources protection and are sanctioned for administrative violations for three successive times or more within the permit duration.

2. Permits shall not be granted in the following cases:

a/ Applications for the exploitation of banned aquatic species, exploitation of aquatic resources in restricted areas, within the ban duration or by banned methods;

b/ Reserve resources of aquatic species under exploitation have been exploited to the utmost or shirk.