Decree No. 49/1998/ND-CP on the management of fisheries activities of foreign individuals and means in the Vietnamese sea areas

30 OFFICIAL GAZETTE No.24 (3 l-8-199i,) DECREE No.49/1998/ND-CP OF JULY 13, 1998 ON THE MANAGEMENT OF FISHERY ACTIVITIES OF FOREIGN INDIVIDUALS AND MEANS IN THE VIETNAMESE SEA AREAS THE GOVERNMENT f'ursuant to !he l,m1· 011 Organization of' !he Ciovernmen/ o/Septe111her 30, /992: Pursuant to the June 23, 199../ Resolution of' the \'a!ional. lssemhl v of !he S'ocialist Repuhlic of' Vietnam on the ratification of'the J 9H2 [ .rnited Xations Convention on the Lall' of'the Sea: Pursuant to the ,lpri! 25, 19H9 Ordinance on JJrotection and TJevelopment of,lquatic Resources: Pursuant to the .July 6, 1995 Ordinance 011 the I lane/ling of'Administrative Violations; .-11 the proposal of the c\finister of Aquatic Resources, DECREES: Chapter I GENERAL PROVISIONS Articles 1.- The State of the Socialist Republic of Vietnam exercises its State management rights over the biological and non-biological resources in the Vietnamese sea areas. The Ministry of Aquatic Resources shall assist the Prime Minister in performing the uniform management over the fishery actiYities of foreign individuals and means in the Vietnamese sea areas. Article 2.- This Decree shall apply to foreign individuals and means, including those belonging to foreign-invested fishery enterprises established and operating under the Lm on Foreign Investment in Vietnam that conduct such activities as surveying, prospecting. catching. rearing marine products. collecting and transporting reared and exploited marine products (hereafter referred to as fishery actiYities for short) in the Vietnamese sea areas. Ships which are not engaged in marine product exploitation in fishery acti, itics but enter and leave the national ports in accordance with the Maritime Code to perform commercial import and/or export contracts (including cases where the goods are marine products) shall not be subject to this Decree. Article 3.- The State of Vietnam shall create farnrablc conditions for foreign individuals and means to conduct fishery activities in the Vietnamese sea areas. Article -1.- Foreign individuals and means conducting fishery activities in the Vietnamese sea areas shall hmc to strictly abide by Vietnamese laws: be subject to the supervision and control by the Vietnamese marine control forces. All violations shall be dealt with according to the provisions of this Decree and other proYisions of Vietnamese laws. Article 5.- In this Decree the terms below are constrned as follows: 1. The "means owner" is the owncL the shipmaster or manager of the means: 2. The "Vietnamese sea areas .. arc the sea areas under the sovereignty and sovereignty jurisdiction of the Socialist Republic of Vietnam according to the December 5. 1977 Declaration of the Government of the Socialist Republic of Vietnam and the 1982 United Nations Com cntion on the Law of the Sea ratified on June 23. 1994 by the National Assembly of the Socialist Republic of Vietnam. including the internal waters. the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf: 3. "Foreign individuals" are persons who do not hold Vietnamese nationality: 4. "Foreign fishery means .. include ships. boats and mobile and non-mobile means on the sea which do not register Vietnamese nationality: Chapter II FISHERY ACTIVITIES IN THE VIETNAMESE SEA AREAS Article 6.- On the basis of investment licenses. scientific research and cooperation. scientific and technical cooperation contracts or other contracts for fishery (hereafter collectively referred to as the licenses) which have been granted or approved by the competent agencies of the Vietnamese State. foreign organizations and individuals shall ha\'e to register with the Vietnamese Ministry of Aquatic Resources OFFICIAL GAZETTE ] I the specific operations or their means so as to be granted fishery actiYity registration papers before taking their means into the Vietnamese sea areas. Article 7.- The Vietnamese Ministry of Aquatic Resources shall grant fishery acti\ ity registration papers (hereafter referred to as the registration papers for short) to cYery foreign means within fi, e dm s from the date the concerned foreign orga11i1.ation or 111dl\ idual completes the procedures to apply for such registration In cases ,,here a registration p;1pcr c.,pircs before the license. application for its extension ma, be made. Any change in the contents of a registration paper must be approYed by the Vietnamese Minist1y of Aquatic Resources. When granting a registration paper. the Vietnamese Ministry· of Aquatic Resomccs shall be entitled to collect a fee according to current regulations on fees and charges. Article 8.- A registration paper shall be mYalidatcd in the follomng cases: I. The license is suspended or canceled: 2. The registration paper expires or is altered. erased or torn out: ] . The registration paper is temporarily suspended, regulations: I. The name. code and registration 11umbcr of the means musl be clearly \\Titten according to the co11tcnts oft he registration paper. 2. They must alm1ys carry the following papers: a/ The fishery activity registration paper: bl The registration paper of the means: cl The personal papers of each person aboard the means. 3. They shall have to operate in accordance with the contents oft he granted registration papers: strictly abide by Vietnamese laws and observe the reporting regime prescribed by the Vietnamese Ministry of Aquatic Resources: ..J.. ln case of necessity. the Vietnamese Ministry of Aquatic Resources shall appoint Vietnamese supc1Tisors to conduct the supen ision aboard foreign means and notify the means owners thereof in advance. Foreign means owners shall haYc to rccci\'e and ensure the working and living conditions for such Vietnamese supen·isors like those enjoyed by officers a boa rd the mca ns and ensure their right to use communication equipment ayailable on board the means so as to contact with the Vietnamese competent agencies. suspended or reYokcd: 5. They shall haYc to create favorable conditions for members of the Vietnamese marine control forces ..J. The registration paper is used for a \\rong to perform their official duty. means. a wrong person abo<1rd lhc means or at yariancc ,vith its contents. Article 9.- After granting a registration paper .. the Vietnamese Minist1y of Aquatic Resources shall hm'c to notify the concerned Vietnamese agencies at least fi,c davs before the foreign means enters the Vietnamese sea area of the following contents: I. The name. code and registration number of the means: 2. The major features for identification of the means: ] . A copy of the granted registration paper. Article JO.- Foreign individuals and means conducting fishery actiYities in the Vietnamese sea areas shall haYe to strictly comply\\ ilh the following Article IJ.- Foreign means which ha,·e had registration papers shall be permitted to lea\'e the Vietnamese sea areas only after they have fulfilled their obi igations under the signed contracts and obsen·cd other relennt proyisions of Vietnamese l,ms. Article 12. - During the effecti \'e term of the re gist ration paper. if a means O\ er ,,ishes to cease operation. he/she shall haYc to report it to the Vietnamese Ministry of Aquatic Resources at least sc,·en days before the date he/she intends to cease operation: in cases where operation ceases due to a frirce mryeure reason. the Vietnamese Ministry· of Aquatic Resources must be notified thereof within 2-1 hours. Article 13.- When accidents occur. the means 32 OFFICIAL GAZETTE No.24 (31-8-1993) owners shall have to immediately notify the concerned Vietnamese agencies at the nearest place, clearly stating the specific requirements for help and rescue and they shall have to obey the settlement of consequences by these agencies. Article 14. - The Vietnamese marine control forces, which take the prime responsibility for controlling fishery activities, include: the coast guard, the border guard and the aquatic resource protection inspectorate. The customs and other specialized inspectorate forces shall have to join in controlling fishery activities in the Vietnamese sea areas. The tasks, powers and organizations of these forces shall comply with the provisions of law. While on duty, the Vietnamese marine control forces shall have to wear their own uniform, badges and signs as prescribed. Every means of the Vietnamese marine control forces shall be hoisted with a national flag and its own pennant, its specialized mark and code must be painted and installed at a place to be easily seen. Chapter III HANDLING OF VIOLATIONS Article 15.- In cases where foreign individuals or means violate Vietnamese laws and the provisions of this Decree, the marine control forces shall promptly make on-the-spot reports thereon, seal up all communication equipment and means, itinerary, locator and material evidences: keep the means in its status quo conditions and escort it to a nearest port or berth then hand it over together with all the documents and evidences in accordance with the provisions of this Decree and other relevant provisions of Vietnamese laws to agencies with handling competence. The temporary seizure of people who violate the regulations on fishery activities shall be resorted to only when the means owners or the involved people personally commit the violations or obstruct Vietnamese officials from performing their official duty. Article 16.- Foreign individuals and means that conduct fishery activities in the Vietnamese sea areas without registration papers or with invalidated registration papers as stipulated in Article 8 of this Decree shall be handled as follows: I. The means owner shall be subject to a fine of 50 to 100 million Vietnam dong. Apart from such fine, all the marine products, fishing gears and other tools used in the illegal fishing of marine products shall be confiscated. 2. For serious violations, the violators may be examined for penal liability and if aquatic resources is damaged or the environment is polluted they shall have to pay compensation therefor Article 17.- If foreign individuals and means conducting fishery activities on the Vietnamese sea areas with registration papers violate the provisions of this Decree or relevant provisions of Vietnamese laws, they shall, depending on the seriousness, nature and consequences of each violation, be handled as follows: I. Fishery activities in a wrong area, use of an expired registration paper or fishing gears and tools othet than those stated in the registration paper, shall be subject to a fine of 20 to 50 million Vietnam dong: 2. Use of explosives, toxic chemicals, electric pulses or storage of fishing gears not permitted for use in marine resource exploitation shall be subject to a fine of 50 to l 00 million Vietnam dong; 3. Exploitation of marine resources on the Vietnamese State's list of aquatic resources banned from exploitation shall be subject to a fine of30 to 70 million Vietnam dong: 4. Destruction or change of the habitat of marine resources shall be subject to a fine of 20 to 50 million Vietnam dong: 5. Pollution of the living water areas of marine resources shall be subject to a fine of IO million dong for water areas of less than one hectare and 10 to 20 million dong per hectare for water areas of one hectare or more. 6. Violations of the regulations on aquaculture, on the manufacture. trading, import and export of aquatic breeds and feeds and on the epidemic and disease prevention, veterinary hygiene inspection and aquatic resource quarantine shall be subject to a fine of five to 20 million Vietnam dong: 7. Deliberate obstruction or non-observance of the guidance of the Vietnamese marine control force members on official duty shall be subject to a fine of five to 20 million Vietnam dong: :Mo. 24 (3 l -8-1998) OFFICIAL GAZETTE 33 8. Violations of the provisions in Clauses I, 2, 3, 4 and 5 of this Article shall, in addition to a fine, also be subject to one or several additional sanctions such as confiscation of all marine products, confiscation of fishing gears and tools employed in the violating acts: and, depending on each specific type of violation, the registration paper of the violating means shall be suspended or temporarily suspended for three to six months. For serious violations, the violators may be examined for penal liability as prescribed by Vietnamese laws. Article 18. I. Fined persons must quickly pay the fine and compensation money within 30 days from the date they receive the fining decision; 2. Confiscated means. fishing gears and/or aquatic products shall be auctioned according to the provisions of Vietnamese la,vs. All the proceeds from the auction. fines and compensation money must be remitted into the State budget. The collection and payment of such amounts and the making of deductions to re,vard persons who make merits in the seizure shall comply with current regulations of the Ministry of Finance on the collection, management and use of fines in the handling of administrative violations 3. Fines and compensation money may be collected in a freely convertible foreign currency converted from the fines imposed in the Vietnam dong at the exchange rate announced by the State Bank of Vietnam at the time the fines are collected. Article 19.- The competence for handling violations committed by foreign individuals and means conducting fishery activities in the Vietnamese sea areas is stipulated as follows: L The Ministry of Aquatic Resources: a/ Settling complaints and denunciations relating to the fishery activities of foreign individuals and means in the Vietnamese sea areas as prescribed by law: b/ Temporarily suspending, suspending or revoking registration papers; cl Proposing to the Prime Minister or a competent Vietnamese agency to suspend or revoke licenses as stipulated in Article 6 of this Decree. 2. The presidents of the People's Committees of the provinces and cities directly under the Central Government: a/ Settling complaints and denunciations relating to the fishery activities conducted by foreign individuals and means in the Vietnamese sea areas according to their competence prescribed by law: b/ Issuing decisions to fine or handle violations of the provisions of this Decree: c/ Proposing the Ministry of Aquatic Resources to temporarily suspend, suspend or revoke registration papers: d/ Organizing the collection of fines and compensation money: organizing the temporary seizure and return of foreign individuals and means as prescribed by law. 3. The marine control forces: a/ Seizing foreign means and persons aboard the means that violate the provisions of this Decree or other provisions of Vietnamese laws, making reports thereon, escorting and handing them over to the competent agency for handling: b/ Handling violations according to the prescribed competence. Artic:le 20.- In cases where foreign individuals and means are temporarily seized: l. The People's Committees of the provinces and cities directly under the Central Government shall have to notify the Ministry for Foreign Affairs and the Ministry of Aquatic Resources thereof immediately after the seizure for their coordination in handling the case: 2. ,The means owners shall have to bear all expenses for the maintenance of their means as well as for meals, accommodation and repatriation of violators during the time they arc temporarily seized in Vietnam; 3. Temporarily seized means and equipment shall be kept intact in the conditions described in the dossier and report on the seizure and hand-over. In cases they are lost or damaged, the persons responsible for temporarily maintaining them shall have to pay compensation. Article 21.- Organizations and individuals that deliberately commit wrong acts or acts beyond their competence in granting registration papers and OFFICIAL GAZETTE handling ,·iolations in contrmenlion of the provisions of this Decree and rclcnnt Ia,, prO\ is ions shall. depending on the seriousness of their, iolations. haye to pay compensation for any damage. be disciplined or examined for penal liability Chapter JV IMPLEMENTATION PROVISIONS Article 22.- This Decree lakes effect 15 da, s after its signing and replaces Decree No -iJ7-HDBT of December 22. 1990 of the Council of Ministers (no\\ the Gowrnment). Article 23.- In cases where an international agreement on fishery which the Socialist Republic of Vietnam has signed or acceded to contains proYisions different from the provisions of this Decree. such international agreement shall apply. Article 2.J.- The Minister of Aquatic Resources shall coordinate ,vith the concerned ministries and branches in implementing this Decree. Article 25.- The ministers. the heads of the ministerial-lc\cl agencies. the heads of the agencies attached to the Gm ernment and the presidents of the People's Committees of the proYinces and cities directly under the Central GoYernment shall have to implement this Decree. On beha(f of the Government Prime Minister PHAN VAN KHAI No.2-i (31-8-l99~J