Decree of the Council of Ministers on Fishery Activities applicable to foreigners and their fishing equipment in the waters of the Socialist Republic of Vietnam

THE COlmC!L OF MINISTEH..S NoA37 HUnT THE SOCIALlST REPUBLIC OF VIETNAM Independence· Freedom· l lnppiness Hanoi, 22 December 1990 DECREE OF THE COUNCIL OF MINISTERS on fishery activities applicable to foreigners and their flshlng equipment in the waters of the SocIalist Republic of Vietnam THE COUNCIL OF l\UNlSTEHS By vtrtue of the law on the orgnnlzatlon of the council of Ministers promul gated on July 4th, 1981, Basing on the statement on May 1.2th, 1977 by the Govern merit of tho &xialJst Republic of Vietnam on the territorial waters, the contiguous miles, the exclusive economic zones and the continental shelf ofVietnam, and on the statement of the Vlatriarnesa {,'Overnment on t2 November 1982 In relation to L1m base lIne for defln Ing tho width of Vietnam's waters, Also by virtue of the Maritime code of Vietnam issued on :i0 ,rlllH:> 1990, of th8 25 April 1989 L..1W on the Conservation and' Management of Vietnam's Marina Resources, Deslrous to create favourable conditions for co--operation between Vietnam and foreign countries in the fishing ground , to protect and exploit properly the marine resources within the territorial waters of Vietnam in accordance with the law of Vietnam and International laws, At the roquosb of Ministry of Fishery, 1 DECREES Chaplet- I Gf~NERAL PROVISIONS Ar-ticle J. The Socialist Republic of Vlctnarn exercises its complete SQvl!('{'ignty over the living or non-living marine resources in ils waters and con tlnantal shelf In relat.ion to t.he exploration, exploitation, proff'rt~lnn and mrmagn 111e11 t of th esc rcsour CPs. 1. Foroirmers are l.hn.S0 who do not. boar Vietnamese citizenship. 2. Foreign fi:3hing equipment. includes: smps, boats moving ml:l-\ non-movmg structures whirh arp, not owned hy tllf'. l'!:lte of Vietnam, subj-ct.s pf Vir~.J1nmp:::r Iaws nnd Vintnnmose citizens living ~nnnn0nlly in Vietnam. 3, Flshing Activities includes those ill E'$plorntion, survey, (~fltchll1g mar inc :T0,·i,?,S, gnl-.hcrin:.~, proccr-;sing and \.rnn~p.-'rUngmarine: products <1110 ho the S\lP PQrUvc nd,i",W1f"..' rn c.'l-chlnG nml F,,j'ling mu iue ~p.:'cie:". 4. The ownership of a foreign fishing equipment C<'lIJ either he il.s OW1l8r or its user. Article 3. Foreigners and their equipment. can only be nbl", carry out their nshing acltvilies in Vietnamese waters whon they luwe been gr"n\(>d Ii"enc('s hy the Ministry of Fishel)'. The Ministry of Fishery of Vietnam only issues licences for fifihing ?perRtiolls in Vietnam's waters to foreigners and their equipment on the basis of the fishing agreements signed between t.he Vietname£.e government and foreign countries and of t.he contracts approved by Vletnameso authorlties on activities of nshing busi ness and production. Article 4. Foreign people and e.quipment while earring out fishing activities in Vietnam's waters respect the laws of the Socialist Republic of Vietnam, Are suo j~dg of mnnilorlng, .":llppTvh:dng by V)eLnnI1ll!sG Authorities and observe all the rulea and regulations as provided for in their licences granted by the Ministry of Fishery. Article 5. The provisions in this decree are also applicable to the flshina 2 1~lluipl1lent of the en ie r-pr iaea of -Ioin t-venl.ure IJetnTCll ViCI.I1,)IlI .unl Iorclgn couut riee whil~ UlCY nrc operating in vlotreun'e waters. Article 6. All the foreign people and 111r.aI13 that have been zrnnted licences for fishing operations 11S provided for In the Decree's provisions have their ler,itimnl-e lnter8st~ protected and favourable condltlons created for their opera tkms. Chapter JI SPECI F!C REGULATIONS FOR FISIlING ACTIVITIES IN VIETNAM'S TEIlUrWRIAL WATERS Article 7. Following a fishing agreement has been signed between thfl Government of the Soclalist liepuhllc of Vietnam and st foreign country or a con ~rfld all Ilshing buslnoea and production hco been r;rnnkd 0 licence either for bus l ness or Investment by the State Cormuil.tee fDI' Co-oporatlcn and [JI\'I~~tl11(1!,t, the owner of the equipment to apply to the Ministry of Fishery of Vletnam for n fishing' Hoe nco s po cif'icnlly n('edcd for- each kind ()fell\Jip[lH~[lLwhlle operatfna In vtotnam'a waters. Applications 1110st b8 in the form destanod by the Ministry of Ftshery and sent to tho Ministry of Fishery at least 20 dnys before the entrance of the equipment Into Vietnam', waters and the Ministry of Fishery of Vietnam will notify Its decision within 7 days aince it.~ rp('pip~ or thlJ appllcatlons. Once n llconcc 1m3 been granted the Ministry (If Fishery will inform l.he local authorities and concerned of flees of Vietnam about the foreign people and equipment on flahing miaaions in Vi(l~,rHl'n'<;I \A1!llQr8. Article 8. Each fishing licence is vn lid only to the fishing means to which it hna been granted. When there is a need to changed anything written in the Hcenca. the owner of tho equipment has to get permission from the Ministry of Fishery of Vietnam and any change can be valid only when it has been Agreed to by the Minis try of Fishery of Vietnam. Article 9. The duration of a licence is no longer than 12 months. In case the agreement or the contract has not terminated, the licence can be extended or renewed. However, each extention can not be longger than six months. The appllca .1 lion for extent.ion or renewal must be done at least 7 days before the expiry of the old one. Only the Ministry of F'iehery has the right to renew the licence or issue a new one. Article 10. After obtaining licence for operation the owner of the enul prnent or the representauve of the foreign country in Vietnam is supposed to inform the Ministry of Fishery of Vietnam 7 days before t.ha entrance or the foreig n equipment. and people lntoVletnam's waters on the following things: 1. The name, tn"le mat k and the regist€I'ed number of the equipment. 2, l'Drt of df'parltJrP. find Ulnf' nPl"'r1Nl for t.ho ~quipTnont to arr iv« nt Uw to r minals i 11 Vietnam's sovereign waters. 3. Main ldcn ti finhle features of the ~!quipment. 4. Models And frequenclcs of the transmitter and recei ve r. 6. The crew working on the equipment. Article 11. A licence can 00 considered FlS invalid in the following circurnstan ces: 1. The agreement or the contract has been cancelled. 2. The licence itself has been in any form altered or erased; or its content has been changed Without agreement or the Ministry of Fishery. 3. The Vietnamese authorities have decided to suspend the oporation (of the Nlllipment nnd r«,pIt?) Article 12. The owner of the equipment has to pay fee for his new fishing licence. In case he wants to have his expiring licence renewed or exchanged for a new one he has also to pay additional fee. The fee is all paid once in US dollars when the licence is granted. The amount of money lor fee or additional fee Is decided by th~ Ministry of Fishery and the Ministry of Finance ArUl"!le 13. The foreign fishing equipment while operatlug in Vietnam's waters must: 1. Carry identifiable sign as notified to t.he Vietnamese side. 4, 2. Have on hand the following papers: a) Tho licence for f1shlngoperation gnmted by the MInistry of Flshory (l.e, t1w origInal one). b) Certlflcato of registration of t.hn equiprnent, c) Personal papers of the officers And their man 11) Other documents defined in the marttirne code of Vietn:ll11 :-Illri tho,o:;e needed for fishing operation in Vlotnam's waters. t\ 11 the a bovc- me ntinned pa pers Arn cons ldcred as valid if they are issued in ;11; cordance with the law of thf'l country registering or owning the r.q!liplJ1ent and with till'! in te rna tionai Instruments t.hn t Vir. tnam has si gned or reco~!lizrod. Article 11. While operating in Vletsnarn's wnters j,he owner of the fishing e~uipmentmoat: 1. Undertake only activities required by fishing profession. 0xploit the right objects in the right waters and for the authorized duration as written in the licence. 2. Str-ictly observe the Maritime code, the state L..'lW on conservation and mana gsmen t of Inarine resources, the regll!n lions for exl t and entry ;J nd othe r re lated ragulattons of Vtetnarn, and apart from respecting Vtotnruneso author itics, creal favourable conditions for their work of monitoring and supervising ,1. AHow t.hn VipJ.n~H1l?s~ Irispoctor-s in gut on board tho oquip me tl t for the i11 spection of foreign people and equipment in operations in Vietna m's waters 9S provided for by the Ministry of fishery, make sure that the Vietnamese inspectors can enjoy the working and living conditluns reserved fur offlcers and C<'11l have ac cess to the equipment and facilities available on the equipment for their supervis ing work and communication with Vietnamese authortttes. Article 15. While operating in Vietnam's territorial waters, owners of foreign equipment are obliged to make dally and end-of-mission reports to the Vletnarnr-so authorttlca as provided for by t.hll Mini.<;.try of Fi.ghQry of V\()lrtam. Article 10. Foreign equipment and individuals Involved in fishing activities in Vletnam's territorial .waters ore only allowed to leave Vietnam's territorial waters unless they have fulfilled every formallty and re{{uirement hy Vietnam in accordance with the agreement or the contract which has been signed and other Ar tlcle 17. WithIn the validit)' or the licence, if foreIgil fis 11 ing ('rp Ii pmfl nt. want to stop their actlvltles, their owners are obliged to clarl [v I.hr roason to the Vietnamese side at least 7 days in advance. In ~rresistible ("..(ISO thr Viet.namese side should LX! informed as soon as possible', Ar-tlcle 18. When acciden ts occur to the equi prnen t find mdivid uals work in g en them, the owners of the means ned llemi to inform immediately Uw nearest Viet namese Authorities find have to respect the rescue operations nnrl handling of tho con sequences eond ucted by the Viatnamese authorl ties. Chapter HI REGULATIONS ON THE INSPECTION AND HANDLING OF VIOLATIONS COM.MITrED BY TlOREIGN INDIVIDUALS AND EQUll'MENT IN FISHING OPEitATION WITJUN VIETNAM'S TERIUTORIAL 'VATERS Article 10. Obligatlons and right.s of the Ministry of Flshery and the People's Committees of provinces, cities and special zones under direct control of the Cenlral Alrninj~;tJ;jtiullfur Ow manngenmont (If fishing actlvit.ir-s d1.ken by foreign individuals and equipment within Vietnam's terrrtor lal waters <Ire defined as fol lows: fl. The Ministry of Fishery has t.hf! function of inspection and together with other brunches, 11.5 provided for in Article 21, Decree No. 30-CP issued on January '19, 1980 by the Govornment Council, undertakea control over fishing autvit.ius foreign Individuals and equipment within Vietnam's territorial waters. b. People's Committees of provinces, cities and special zones under direct con trol of the Central Administration working in coordination with the Ministry of Fishery and other concerned branches keep control over fishing Activities of foreign ill dividualsand equipment within the territorial waters the ~I :mthorilip!': m:m~BPnmenl. Article 20. When foreign individuals and equipment violate Vj~tnam's laws, the inspecting forces have the right to detain the Individuals and t.heir equipment, escort them to the nearest port or calling ports find hand over to the authoritiea of the tv!illiStry or Fishery or oq:;rlni7.<1tions fit provlncinl Ir:vf'1 for hnndling. Thr': detention of foreign {ndlvlduala and their equipment should I)('! in accordnuce with the rer,ulntions and tnatrucflions rtiven by the Ministry of Fishery. Article 21. Foreign aquipment and indlvidunls that have violated thp provisions (lald down) in rhte Decree, depending on the nature of l.lteir vtolntiou , hRVO to Ilnrif'rp,n one or mere of tho foilowlng pCl1nltle~: 1. Warning 3. Withdrawal of licence for fishing activities. 5. Tho.w who commit serious violations will be sent to Vlotnam'n court for I.ri,1I I according to the Criminal Code of t.he Socialist Republic of Vietnam. Article 22. Levels of penalty for foreign lndlvlduale and their equipment cnus ing violations are concretely donned as follows: 1. Involved in fihing activities within Vietnam's waters without licences issued by Vietnam's Ministry of Fishery will he fined: n. F'j nr · From tJS$ 1,000-$5,000 for equipment with capacity of less than GO tons. · From"U3$ 0,000-$10,000 lor equipment with capacity from 50-100 tons. · From US$ 10,000-$20,000 for equipment with capacity from 100 tons upward. b. Con~scrltion of all sea products which have been caught. c. Confiscation of all fishing gears used in illignl fishing. 2. Operating in the wrong areas or longer than the authorized du-ntton, lnvolv ing in activities which are not stated in the bussinoss licence will be punished in the following ways: "Fine from US$ 1,000·$10,000. b. Confiscation of all fishing f,P!lrS which arc uoc permlttod to be used. 7 3, Storing Or USil1g'e:tploitlng tools which ate not permit.ted will 11(' punished as follows: a Fine from US$ 5,000-$10,000. b. Conf'iacation of 1111 tools which are not. permitted to be used. 4. Exploiting of forbidden marine species named in tho list provided by the Vietnamese government will be punished ,1S follows: ft. rtne of US$ ~,OOO. b. Conflscat.ion of all sea products of lllignl exploitation b. Those who Intentionally cause trouble or disobey the iust.ruct.ions by the Huthorities of Vietnam Oll duty will be fined from Uf '")()()·!jOOO. 6 Ot}wr cffoncos npn r t from tho 01108 montloncd above will be fillr.d from US$ 500-$ 5000 7. In case of repeatted violatlons the fine will be doubled in comprarislon wilh t.he One provided for ench level. of punishment, other kinds of Pj'."nlt.y donned In previous artlcles at the same time, are to 00 taken. ArLid~ Z;J. Authority in handling violations: a. The Ministry of Fishery handles nil violations caused by foreign individuals find equipment invnlvod in flshin g Af'liviiiQ!1 wHhin the cxclualvo ecnomlo eoncc and the continental shelf of Vietnam in accordance with the provisions laid down in Artirh ?l And 22 of this Decree and work in close coordinatlon with the Minis try of Foreign Affclrc, It will offer guidance to local autlun lt.les in haudltng viola tions caused by foreign Individuals and equipment within their jnrIdiction. b. People's Committees of provinces, cities. special zones under direct control of the Central Administrat.lon, following instructions give by the Ministry of Fishery, Ministry of foreign Affairs and basing 011 the level of.penalty provided for in -Article 21 and 22 this Decree, handle with violations caused ~y foreign In dtvtdcalsand equipment involved in fishing activities in the territorial waters and the internal waters that come under control of the local authority. Article 24. It is necessary for V~etnatn'8 authoritative organizations handllng with violations caused by foreign' individual, and equipment to issue penalty within 8 7 d:1y3 since t.he violation occurs. 'I'Imo for line payment can not cxcr-orl (i months since the pf1Ili11ty /1<13 1l0'rI issued. F'aiJul"r.- In 1!l('!.3t Uw df':1dline will result in the con fiSC<1 lion of the efl11 j p men t. lndivicluals and eql1ipml'!nt Uwl commit vlolations will I~ detained in order to g1J:1rnnI JlP !.he rJ'lyll10nt. nf fin", Own",rs of UV~ 0f1uipmptlf. n ro f('spOllsihlr' ('or;t/1 ('(l!;r. nne! oxpcnccs use In 1l1:l\llt~,in tho squipment ,11111 the lndivtdunls' llvinrt d1lring the ti lllA of deten lion. Ar:ticle 25. Prirt of LIte flno and property confiscated from the forflig-!1 side t.hnt causes t.J18 viola tion can be u..sed for the de wnlion job and as rew~ rr 1.9 to tho~ who pa rtlcipate in delent.ion work. The rest of t.he fine wilt be sent into the :3t.'lW Bank. The Ministry of fin:mce and Min istry qf fishery of Vietrrarrt 11:1 V(> cnnrtew provtsions for this matter. Chnptor V CLAUSE FOR IMPLEMENTATIUN Article 26. This Decree replaces Decre~ No.".'Jl-CP issued on .Janl1nry 2!), t980 by the Government Council and is Valid from thr- datA:! of signature. Article 27. Ministe rs of the Ministry of Fishery, Ministry of l~'i nancn, Minis try of Transport, Communication Post anti Telecolnunlcatlol1, CllflirnJ.'lIl of the State Committee for ron~rJ'l.Uon and Invastornant, mlniator-s and hcndo of other ministrles and service branches concerned and presidents of the People's Commit ooes of provinces, cicies, special zones under direct control of the CAntrill Ad ministration aro responalblc for the lrnplementablon of thi~ Decree. r'On. TIlE COUNCIL OF-MINISTERS ONBEHi\LF OF CHAIRMAN Vico Ghruru.13Jl Signed: Vo Vnn Kiet