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MEKONG COUNSEL

Decree amending and supplementing a number of articles of Decrees on fishery domain

On June 20th, 2012, the Government issued Decree No. 53/2012/ND-CP amending and supplementing a number of articles of Decrees on fishery domain. Accordingly, several regulations on procedures, order and agencies licensing production, trading in some fishery business lines under Decree No. 59/2005/ND-CP dated May 4th, 2005 of the Government; regulations on zoning of and conditions for fishery exploitation outside Vietnam’s sea waters under Decree No. 33/2010/ND-CP dated March 31st, 2010 of the Government; regulations on the order, procedures, authorization to issue, re-issue, renew of License of fishery operation of foreign fishing vessels in Vietnam’s sea waters under Decree No. 32/2010/ND-CP dated March 30th, 2010 of the Government shall be amended and supplemented as follows:

 

Procedures, order and agencies licensing production, trading in some fishery business lines

 

- Dossiers for issuance of a license shall comprise: An application for license issuance (under a set form); a copy of the Certificate of registration of the fishing vessel, Certificate of technical safety of the fishing vessel, List of crewmen (for required vessels), Certificate of captain, chief engineer(for required vessels).

 

- Dossiers for renewal of a license shall comprise: An application for license renewal (under a set form); a copy of the Certificate of safety of the fishing vessel.

 

Quantity: one (01) set.

 

- Competent agencies to grant permits: Branch of Capture Fisheries and Resources Protection or units assigned to manage the fishery resources exploitation and protection of the provinces and cities under the Central.

 

- Time limit: five (05) working days for new issuance and two (02) working days for renewal of a license, from the date of receiving full and complete dossiers as prescribed.

 

Zoning of fishery exploitation, conditions for  exploitation outside Vietnam's sea waters

 

- Zoning of  exploitation: The coastal areas shall be limited by the lowest tide and coastal routes. For the islandish localities, the provincial People's Committees shall base on the necessity and the specific characteristics of each island to regulate coastal waters of those islands, but limited to no more than six (06) nautical miles from the lowest tide of the island.

 

- Conditions for  exploitation outside Vietnam’s sea waters:

 

+ For fishing vessel: Being eligible for limited operation areas of level I or unrestriction; Having been registered and inspected of which the Certificate of technical safety of the fishing vessel should be remained valid for at least 3 months; Being fully equipped with safety equipments for people and the fishing vessel, communication corresponding to the sea waters as prescribed by law; Having enough crewmen as prescribed by law.

 

+ For crewmen and people working on board: The captain, chief engineer must have a Certificate of captain or chief engineer issued by competent authority; having insurance for crewmen; having crewman book or professional certificate of seaman of fishing vessel.

 

Order, procedures and authorization to issue, re-issue, renew License of  operation of foreign fishing vessels in Vietnam’s sea waters

 

- Dossiers for first issuance of a license shall comprise: An application for issuance of a license to the fishing vessel (under a set form); A certified copy of each relevant documents (cooperation project on survey and exploration of  resources by the Prime Minister; cooperation project on technical training,  technology transfer approved by the Minister of Agriculture and Rural Development; project on collection and transportation of  products approved by the Chairman of People’s Committees of provinces and cities under the Central); A certified copy of the Certificate of registration of the fishing vessel, Certificate of technical safety of the fishing vessel, Certificate of captain, chief engineer, list, a photo and passport number of all crewmen, people working on board (full name, title, contact address).

 

- Dossiers for re-issuance of a license shall comprise: An application for license renewal (under a set form); The issued license (if any); A report on the change of fishing vessels (if any), together with other papers as required for new issuance.

 

- Dossiers for renewal of a license shall comprise: An application for license renewal (under a set form); A copy of the issued license; The certificate of technical safety of the fishing vessel, Report on the operation of the fishing vessel during the term of the license, Diary of  exploitation during the term of the license (for fishing vessels performing  exploitation activities).

 

Quantity: one (01) set.

 

- Competent agencies: the General Directorate of Fisheries, Ministry of Agriculture and Rural Development shall be authorized agencies to issue, re-issue, renew, revoke licenses of foreign fishing vessels operating in Vietnam’s sea waters.

 

- Time limit: no more than five (05) working days for cases of first issuance and re-issuance, no more than three (03) working days for cases of renewal, from the date of receiving full and complete dossiers as prescribed.

 

This Decree shall be effective from October 8th, 2012.

 

Remarks: File(s) attached.