Decision No. 1976/QD-TTg approving the master plan on the system of fishing ports and storm shelters for fishing ships through 2020, with orientations toward 2030

(*) Công Báo Nos 1145-1146 (25/11/2015) THE PRIME MINISTER THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 1976/QD-TTg Hanoi, November 12, 2015 DECISION Approving the master plan on the system of fishing ports and storm shelters for fishing ships through 2020, with orientations toward 2030(*) THE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 26, 2003 Fisheries Law; Pursuant to the Government’s Decree No. 92/2006/ND-CP of September 7, 2006, on the formulation, approval and management of socio-economic development master plans; Pursuant to the Government’s Decree No. 04/2008/ND-CP of January 11, 2008, amending and supplementing a number of articles of Decree No. 92/2006/ND-CP of September 7, 2006, on the formulation, approval and management of socio-economic development master plans; At the proposal of the Minister of Agriculture and Rural Development in Report No. 6743/ TTr-BNN-TCTS of August 19, 2015, DECIDES: Article 1. To approve the master plan on the network of fishing ports and storm shelters for fishing ships through 2020, with orientations toward 2030, with the following principal contents: I. PLANNING VIEWPOINTS 1. To plan fishing ports and storm shelters for fishing ships on the basis of tapping to the utmost the natural conditions, ensuring compliance with traditional customs and practices of local fishing communities and attaching importance to the construction of fishing ports in close association with storm shelters for fishing ships and fishing logistic services establishments. 2. The master plan on the network of fishing ports and storm shelters for fishing ships must comply with the development master plan of the fisheries sector and local socio-economic development master plans in combination with the master plan on sea and island defense and security infrastructure in order to protect the environment and ecosystem, adapt to climate change and sea level rise and promote international integration, contributing to the implementation of Vietnam’s Marine Strategy through 2020. 3. To speed up the socialization to mobilize to the utmost sources from various economic sectors as well as assistance of foreign countries and international organizations in the construction of facilities and management of fishing ports and storm shelters for fishing ships. Issue nos 04-05/November 2015 43OFFICIAL GAZETTE Vietnam Law and Legal Forumc II. PLANNING OBJECTIVES 1. To complete the planning of a system of fishing ports and storm shelters for fishing ships along the coast and on islands endowed with favorable natural conditions where concentrate a large number of fishing ports so as to meet fishing ships’ needs for places to anchor and receive logistic services towards industrialization and modernization. 2. To form international important exchange hubs which shall serve as a driving force for development of the fisheries sector’s industrial parks, coastal economic zones and large fishing centers (in Hai Phong city and Da Nang, Khanh Hoa, Ba Ria-Vung Tau and Kien Giang provinces) linked with key fishing grounds; to create attraction and driving force for the fisheries sector to develop toward effectiveness and sustainability. 3. To concentrate on investing in construction of regional-level storm shelters for fishing ships in coastal provinces and cities and on islands with high storm frequency, and step-by-step upgrading existing storm shelters linked with fishing ports, enhancing the use efficiency of the system of storm shelters. 4. To improve the capacity of fishing ports; to improve infrastructure facilities and services in ports so as to meet the demand for fishing logistic services, ensure food safety and hygiene, contribute to economic, tourist, cultural and social development, environmental sanitation and new-countryside building. III. PLANNING SCOPE 1. The master plan covers 28 coastal provinces and cities with fishing ports and storm shelters for fishing ships built along the coast or on islands. 2. The master plan is elaborated for the period through 2020, with orientations toward 2030. IV. CRITERIA FOR CLASSIFICATION Based on natural characteristics, number of fishing ships and traditional practices of fishermen, the system of fishing ports and storm shelters for fishing ships shall be classified and built according to the following criteria: 1. Grade-I and grade-II fishing ports must comply with Article 4 of the Government’s Decree No. 80/2012/ND-CP of October 8, 2012, on management of fishing ports and storm shelters for fishing ships. Particularly, grade-I fishing ports located in large fishing centers must meet the criteria provided in Appendix I to this Decision. 2. A regional-level storm shelters for fishing ships must fully meet the following conditions: a/ Being located near a key fishing ground where concentrates fishing ships of different provinces; b/ Being located in a sea area with high storm frequency; c/ Being endowed with favorable natural conditions, ensuring safety for fishing ships taking shelter; d/ Being capable of accommodating at least 1,000 fishing ships. 3. A provincial-level storm shelter must fully meet the following conditions: a/ Being located near a local traditional fishing ground, thus reducing to the utmost the time for fishing ships to move into for shelter; Vietnam Law and Legal Forumc 44 Issue nos 04-05/November 2015OFFICIAL GAZETTE b/ Being endowed with favorable natural conditions, ensuring safety for fishing ships taking shelter; c/ Being capable of meeting local fishing ships’ demand for places to anchor. V. PLANNING ON THE SYSTEM OF FISHING PORTS AND STORM SHELTERS FOR FISHING SHIPS UP TO 2020 (Appendices II, IIIa and IIIb) By 2020, there will be 125 fishing ports, including 35 grade-I fishing ports and 90 grade II fishing ports, capable of handling 2,250,000 tons of aquatic products per year and 146 storm shelters for fishing ships (30 regional-level storm shelters and 116 provincial-level ones) capable of accommodating around 98,310 fishing ships. 1. Island- or mainland-based planning: a/ In the mainland, there will be 98 fishing ports, including 29 grade-I fishing ports and 69 grade-II fishing ports, capable of handling 2,041,000 tons of aquatic products per year, and 124 storm shelters for fishing ships, including 20 regional-level storm shelters and 104 provincial level ones, capable of accommodating 83,960 fishing ships; b/ On islands, there will be 27 fishing ports, including 6 grade-I fishing ports and 21 grade II fishing ports, capable of handling 209,000 tons of aquatic products per year, and 22 storm shelters for fishing ships, including 10 regional-level storm shelters and 12 provincial-level ones, capable of accommodating 14,350 fishing ships. 2. Sea area-based planning: a/ In the Tonkin Gulf sea area (from Quang Ninh province to Quang Binh province): There will be 33 ports (7 ports on islands), including 13 grade-I ports and 20 grade-II ports, capable of handling 401,000 tons of aquatic products per year; There will be 46 storm shelters for fishing ships (4 shelters on islands), including 8 regional-level shelters and 38 provincial-level shelters, capable of accommodating 26,300 fishing ships. b/ In the Central Vietnam’s sea area (from Quang Tri province to Binh Thuan province): There will be 49 ports (11 ports on islands), including 13 grade-I ports and 36 grade-II ports, capable of handling 776,000 tons of aquatic products per year; There will be 61 storm shelters for fishing ships (9 shelters on islands), including 15 regional-level shelters and 46 provincial-level shelters, capable of accommodating 44,960 fishing ships. c/ In the Southeastern region’s sea area (from Ba Ria-Vung Tau province to Ca Mau province): There will be 30 ports (2 ports on islands), including 7 grade-I ports and 23 grade-II ports, capable of handling 702,000 tons of aquatic products per year; There will be 22 storm shelters for fishing ships (2 shelters on islands), including 4 regional-level shelters and 18 provincial-level shelters, capable of accommodating 16,900 fishing ships. d/ In the Southwestern region’s sea area (from Ca Mau province to Kien Giang province): Issue nos 04-05/November 2015 45OFFICIAL GAZETTE Vietnam Law and Legal Forumc There will be 13 ports (7 ports on islands), including 2 grade-I ports and 11 grade-II ports, capable of handling 371,000,000 tons of aquatic products per year; There will be 17 storm shelters for fishing ships (7 shelters on islands), including 3 regional-level shelters and 14 provincial-level shelters, capable of accommodating 10,150 fishing ships. 3. Priority projects In the 2016-2020 period, priority will be given to investment in the construction of essential infrastructure facilities: Grade-I fishing ports in large fishing centers (fishing ports serving as a driving force); Regional-level storm shelters on islands and in Central Vietnam region; Fishing ports and storm shelters for fishing ships under construction. VI. ORIENTATIONS TOWARD 2030 The capacity of handing aquatic products at ports and accommodating fishing ships will be stable as planned up to 2020. To further develop the system of fishing ports towards industrialization and modernization on the basis of upgrading and expanding existing fishing ports, focusing on fishing logistic service facilities so as to ensure food safety and hygiene; To improve information and communication systems up to a modern level to serve the management of fishing ports and storm shelters for fishing ships; to ensure communication between fishing ports and storm shelters for fishing ships and fishing ships; To link fishing ports with storm shelters for fishing ships in order to formulate synchronous and modern fishing logistic service centers; To improve the system of fishing ports and storm shelters for fishing ships on islands, specifically on Paracel and Spratly archipelagoes. VII. SOLUTIONS FOR MANAGEMENT AND IMPLEMENTATION OF THE MASTER PLAN 1. Mechanisms and policies: a/ The State shall invest in the construction of essential infrastructure facilities in fishing ports and storm shelters for fishing ships; b/ To increase and concentrate capital for construction, specifically for grade-I fishing ports, regional-level storm shelters for fishing ships on islands in important positions or near key fishing grounds and fishing ports which may also be used as storm shelters for fishing ships; to quickly form the system of fishing ports and storm shelters for fishing ships as planned to facilitate the development and improve effectiveness of aquatic resource exploitation activities; c/ The State shall encourage and offer incentives for domestic and foreign organizations and individuals to invest in the construction of, and manage, infrastructure as well as production and business facilities in fishing ports and storm shelters for fishing ships under regulations; d/ To collect charges at fishing ports in order to create conditions for port managers to have funds for operation, repair and maintenance of port facilities; Vietnam Law and Legal Forumc 46 Issue nos 04-05/November 2015OFFICIAL GAZETTE dd/ To attach importance to investment in the form of public-private partnership (PPP) to attract capital for investment in fishing ports; e/ To reserve appropriate land parcels to build logistic service centers in grade-I fishing ports, ensuring convenient access to the national transport system and step-by-step form a modern infrastructure and logistic service network; g/ To allow the transfer of land use rights for fishing ports which are located in urban centers and subject to change of land use purpose or relocation as planned; h/ For localities with suitable conditions, to encourage investors to dredge and maintain fishing ports and storm shelters for fishing ships without using state budget funds; i/To allow the sub-lease fishing ports’ infrastructure facilities built with state budget funds under regulations. 2. Science and technology: a/ To continue applying new scientific and technological advances to the construction and maintenance of fishing ports and storm shelters for fishing ships; to raise the mechanization and industrialization rate, first of all, in the cargo loading and uploading and preservation and preliminary processing of aquatic products at fishing ports; to apply information technology to the management and control of fishing ships entering or leaving storm shelters; b/ To study and formulate standards and techno-economic norms to be applied to the construction and management of fishing ports and storm shelters for fishing ships. The State shall encourage organizations and individuals to apply scientific and technical advances to the operations of fishing ports and storm shelters for fishing ships. 3. Environmental protection a/ To perfect legal documents on environmental protection in fishing ports and storm shelters for fishing ships; b/ To increase public information about environmental protection among fishing communities at fishing ports and storm shelters for fishing ships; c/ To apply technical solutions to the construction of water supply and drainage and waste collection and treatment systems; d/ To divide the responsibility to direct and oversee environmental protection activities among functional agencies; to enhance the inspection and control of, and impose administrative sanctions against, polluting acts. 4. Investment capital: Investment capital for the implementation of the master plan will be raised from different sources: the central budget, local budgets, capital of domestic economic sectors and foreign investment capital and donations. In which: a/ Funds from the central budget will be used to invest in, or provide support according to prescribed norms for, essential infrastructure facilities under Clauses 1 and 2, Article 3 of the Government’s Decree No. 67/2014/ND-CP of July 7, 2014, on a number of fisheries development policies. For fishing ports located in large fishing centers, funds from the central budget will be used to make synchronous investment in such items as wharves; embankments, breakwaters, Issue nos 04-05/November 2015 47OFFICIAL GAZETTE Vietnam Law and Legal Forumc sand protection dikes; dredging entry and exit fairways and docking areas; vessel-anchoring facilities; signal buoy, sign and signal lamp systems; specialized information and communication systems; technical infrastructure systems; electricity supply and lighting systems; administration houses; aquatic product classification and trading areas; and water supply and drainage and waste treatment systems; Funds from the central budget shall be allocated under annual plans for the sustainable fisheries development program; b/ Funds from local budgets shall be allocated to other programs and projects for construction of other facilities of fishing ports and storm shelters for fishing ships; ground clearance compensation and resettlement; annual maintenance of infrastructure facilities and payment of expenses for post-investment management of fishing ports and storm shelters for fishing ships invested with state budget capital; c/ ODA capital provided by donors will be used for construction, upgrading and expanding of fishing ports in order to meet the requirements on environmental protection and food safety and hygiene as well as storm shelters to prevent and reduce natural disaster risks and respond to climate changes; d/ To raise funds from all economic sectors for the construction of production, business and fisheries service works under the master plan. 5. Total investment capital demand - investment phasing: a/ The total capital demand for investment in projects on fishing ports and storm shelters for fishing ships up to 2030 will be approximately VND 36,400 billion; b/ Investment phasing: The 2016-2020 period: VND 16,800 billion. To concentrate on investment in the construction of fishing ports in large fishing centers; regional-level storm shelters on islands and the Central Vietnam region; and fishing ports and storm shelters for fishing ships under construction. The 2010-2025 period: VND 13,000 billion. To complete the construction of infrastructure of grade-I fishing ports and regional-level storm shelters for fishing ships; to invest in remaining storm shelters. The 2026-2030: VND 6,600 billion To invest in construction of fishing ports and storm shelters for fishing ships on the Spratly archipelago and remaining fishing ports; to upgrade and enlarge existing fishing ports and storm shelters for fishing ships. Article 2. Organization of implementation 1. The Ministry of Agriculture and Rural Development shall: a/ Direct and guide the implementation of this master plan nationwide; formulate and issue criteria for, and regulations on the management and use of, fishing ports and storm shelters for fishing ships; study and adopt mechanisms and policies to encourage economic sectors to participate in the investment in and management of fishing ports and storm shelters for fishing ships; Vietnam Law and Legal Forumc 48 Issue nos 04-05/November 2015OFFICIAL GAZETTE b/ Appraise and approve investment projects to construct grade-I fishing ports and regional level storm shelters for fishing ships in accordance with the Law on Public Investment; c/ Formulate and promulgate standards, regulations and techno-economic norms to be applied to the construction, management and maintenance of fishing ports and storm shelters for fishing ships; d/ Examine, supervise and guide the construction and management of grade-I fishing ports and regional-level storm shelters for fishing ships; make a list of projects on grade-I fishing ports and regional-level storm shelters for fishing ships prioritized for investment in each period in accordance with the Law on Public Investment; dd/ Annually organize preliminary review and evaluation of the implementation of the master plan, and construction and management of fishing ports and storm shelters for fishing ships. 2. People’s Committees of coastal provinces and cities shall: a/ Plan and invest in the construction and management of local fishing wharves; b/ Coordinate with the Ministry of Agriculture and Rural Development in implementing the master plan, ensuring conformity with local socio-economic development master plans; c/ Appraise and approve projects to construct grade-II fishing ports and provincial-level storm shelters for fishing ships; d/ Arrange land as planned and allocate funds for management and maintenance of facilities; dd/ Organize the collection of service charges at fishing ports; carry out on a pilot basis the mechanism of assigning fishing ports and storm shelters for fishing ships to enterprises and local fishing communities for management and operation; e/ Organize post-investment management and exploitation of fishing ports and storm shelters for fishing ships. 3. The Ministry of Planning and Investment and the Ministry of Finance shall balance and allocate investment capital and non-business capital for the implementation of this master plan under 5-year and annual plans. 4. Related ministries and sectors shall, within their functions, tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in implementing this master plan. Article 3. This Decision takes effect on the date of its signing and replaces the Prime Minister’s Decision No. 346/QD-TTg of March 15, 2010, and Decision No. 1349/QD-TTg of August 9, 2011. Article 4. Ministers of Agriculture and Rural Development; Planning and Investment; and Finance; chairpersons of the People’s Committees of coastal provinces and cities; and heads of related units shall implement this Decision. For the Prime Minister Deputy Prime Minister HOANG TRUNG HAI Issue nos 04-05/November 2015 49OFFICIAL GAZETTE Vietnam Law and Legal Forumc