Joint Circular No. 27/2003/TTLT/BQP-BTS guiding the coordination between the Ministry of Defence and the Ministry of Aquatic Resources in performing State Management over the Coast Guard’s activities and the coordination of activities between the Coast Guard and concerned Forces of the sea areas and continental shelf of Vietnam

Nu )b ()4+2003) Ul+iCIA/. l)/\/1: I'll Tljf::' MINISTRY OF DEFENSC ,. 'f/lE MINISTRY OF AQUATIC RESQJJRCf:S. JOINT CIRCULAR No. 27/2003/TTLTIBQP BTS OF MARCH 31, 2003 GUIDING THE COORDINATION BETWEEN THE MINISTRY OF DEFENSE ANO THE MINISTRY OF AQUATIC RESOURCES IN PERFORMING THE STATE MANAGEMENT OVER THE COAST GUARD'S ACTIVITIES AND THE COORDINATION OF ACTIVITY BETWEEN THE COAST GUARD AND CONCERNED FORCES OF THE MINISTRY OF AQUATIC RESOURCES ON THE SEA AREAS ANO CONTINENTAL SHELF OF VIETNAM In furtherance of the Regulation on the coordination of the State management over activities of the Coast Guard and the coordination of activities between various forces on the sea areas and continental shelf of the Socialist Republic of Vietnam, issued together with the · Government's Decree No. 41/2001 /N D-C P of July 24, 2001, the Min is try of Defense and the Ministry of Aquatic Resources hereby jointly guide a number of points as follows: I. COORDINATION IN PERFORMING THE STATE MANAGEMENT OVER THE COAST GUARD FO!'<.CE'S ACTIVITIES 1. Responsibilities of the Ministry of Defense for coordination with the Ministry of Aquatic Resources (guiding Clause 3, Article 8 of the Regulation) 1.1. To exchange necessary information c1nd documents in tile field of aquatic resource exploitation and protection activities by ships, boats and other means operating on the sea; 1. 2. To study, elaborate and submit to corn pete n! authorities for promulgation legal document;; 011 aquatic resource exploitation and protection rdated to the activities of the Cm1st Guard; 1.'.3. ·ro direct tho Coast Guanl to coordinati-: with the concerned forces of the Ministry of Aquatic f~esmirccs in patro !ling, inspecti 11{1, contro Iii 111J, cletectir 19, d10dd1 i(J ,rnd hwidlin(.J ucts of violating Vietnamese law:, and intnrnatiom:1I agreernents on ;-.1q uatic re sou r·ce exploitation and protection, which thu Socialist Rep11 blic of Viel1te1rn has signed or acceded to, committed on the sea areas and continenkil shelf of the Socialist Republic of Vietnam according to current law provisions; 1 .4. 1<J direct the Coast Guard to coordinate with the concerned forces of the Ministry of Aquatic Resources in protecting th~ State's property and the life and property of people and means lawfully operating on the sea; to defend the national sovereignty and rights, protect natural resources, prevent and combat pollution of the marine erwironment; to search, rescue and overcome incidents on the sea and combat sea pirates; 1.5. To coordinate with the Ministry of Aquatic Resources in directing functional agencies to educate in and provide training and fostering on professional knowledge in the field of aquatic resource exploitation and protection to the contingent of officers and men of the Coast Guard; 1.6. To coordinate in educating and propagating the legislation on aquatic resource exp!oita11on and protection to organizations and individuals operating on the sea areas and continental stlelf of Vietnam. 2. Responsibilities of the Ministry of Aquatic fiourcEm for coordi1rntion with the Ministry of Defense (guiding Article 14 of the Reguration) 2.1. Clause 1 is guided as follows: 2.2.1. To supply Vietnamese legal documents on the management o1 1ishlng activities on the sea·, international agreements on Vietnam's sea areas and continental shelf relating to the field of aquatic resource exploitation and protection, which the Socialist Republic of Vietnam has signed or acceded to; ?..1.7 To promptly supply forms of permits emd prnfessional certificates i-elated to fishing activities on the sea, including: •· Permit for- aquatic resourui exploitation and cr'1·tificatti of mnii,lrntion for fishing <1ctivities of d orrwr,tic ai, wP-I I as forniq n organizations and i11dividuali;, OH- IC: I1\i. r;ALFI l L. Cc1 tific;1!(1 uf 11,qistrc:itiur: ulfi,;l1in\) c;l1ip,, :111d (heir crew me111llC:i·:,; .. Certific:,1te: (lf fishi1111 :;hips' 0pe1·:itinn;,1I r;;1pncity (fishing ships' reqistern); . Certificnte of q1wrantine of aquatic animals and plants being tnmsported from one region to another tor use 8S hreecis; and domestication of import aquatic animals ,md plants·, Certificate of quality applicable to four groups of commodities: breeds, feedi,, drugs and cllemical fm aquacultun,11 use and fishing nets and gear. 2.2. Clause 2 is guided as follows: 2.2.1 To infonn the Coast Guard Department of the names, codes, registers, identifications, itineraries and areas of operation of foreign ships, boats and means; chartered foreign ships, boats and means conducting fishing activities in Vietnamese sea areas at least five days before they enter tile sea areas of \/(etnam; 2.2.2. Foreign persons and means conducting fishing activities stated at point 2.2.1 also include persons and means of foreign aquatic enterprises and foreign-lnvested enterprises while suNeying, exploring, exploiting, cultivating, gathering and transporting aquatic resources in the sea areas of Vietnam. 2.3. Clause 3 is guided as follows: To guide and ;i::,:ist i./1e 1.:;oast Gw,,rd in speciali'tud professional aquatic resource work in orde1· to determine acts of violation in the field of aquatic resource exploitation and protection wh(ch shall serve as basis for handling thereof according to law provisions. 2 .. 4. Clause 4 is fJUidod us follows: In case of nucessity, the Ministry of Aqui.ltic Resources sh;:ilf h,we to coordinate witt1 the Ministry of Planning in vmrldn9 out plam; fm controllin9 acts of violation in the fid d of rn:i u a tic reso u rec rixp loil<l ti or 1 c1nd protectio r 1 i 11 ll 1 u s(:kl w t:u:, whe r1:o rn Ll n y fish ii I u ships, boats ,mcl rnc,)n:; commit acts of violc1tinn tl·u; leg istation 011 ;-iq untie resource exploitation and protection. pudicipdi in;J i1, c:or I k'H wx:.';, :A!Jni11ars ~is well a:, ne~iotiutiun ,mil :;iq11inq of intnniational agreements on curnrnon fo,,hinq ,.1re,1:, tu uwHJre tt1e observance of Vi et tkin I cs c-: l;-1w::, ,1 n d in km 1: 1 tiona I c1g recmenti, on ,iqualic rci;ouru, ()Xpluit.::1tion a11d protection, wf1ich Vietnnrn h,-11; ::,igncd CH ,,1c:xxfcd to. 2.fi Clm1"e (i is 91.1ided m, follows: lo educc1te in and propagate legal documents on the Coast Guard ,md aquatic r·esource exploitation and protection, and specialized aquatic resource knowledge to organization:; and individuals conducting fishing activities on the sea 3. On the entrustment (guiding Clause 3, Article 7 of the Regulation) In case of necP.ssity, the Ministry of Aquatic Resources shall issue documents, entrusting the Coast Guard to sanction administrative violations and apply preventive measures to acts of violating of legislation on aquatic resource exploitation and protection -in the inland waters, which are detected by the Coast Guard during the process of patrol, inspection and control. II. COORDINATION OF ACTIVITIES BETWEEN THE COAST GUARD FORCE AND CONCERNED FORCES OF THE MINISTRY OF AQUATIC RESOURCES ·1. Hesponsibilitics of the Coast Guard Fon;e for coordination of activities with concerned forces of the Ministry of Aquatic Resources (guiding Clause 1, Article 24 of the Regulation) 1. ·1. To supply the Department for Aquatic r<esrnnce Protection and concerned forces of the Ministry of Aquatic Resomce,; w\th information and documents on situation of illegal fishing by foreign ships and law--bre,iking acts committed by domestic fic;hinq i,hips, bo,:its nnd means such as using cxp/o'.'.ivc!i,. electric pulse, pol'.ions or lamps with ·a 0apacily nxceedinu prescribed ones or othm acts for iileq:11 ('1xplnit,atio11 of ;:iquatic n,'.;ources; I ;) l<l timely drploy ,;upportill!J forcm, upon the 1eq1iest u1 ihn r;m11:er·n1YI frn·u),, of the Minic;t1y of /\qu:1tic I ~::,:,1,'t Ir·r:e,. ·Nilen i11ddr,11b 01ccur in ship', Limits : ir1d I r1t '., ll 1'.; < 1p( 1 1·:1li11q or1 the :,;1:; i .:111(J tu in:;Ded, control, d0lcct, 1 J revor 1 ! <11 H: , , , ; r 1di1) 11 dd rn i 11 i '.Al ·a tivu viii latirn 1:; in tile field uf d(!lldlic; 11i:,owc;t, protcctirn1 .:iccot"Clinq to l11e Governrnrn1L; 1ic:qulatio11s ori scJnctioris J~Jdiw,t adrn in istrative vioL I I i(.,t I'.; i11 ti ni tidd of ,,iq ua tic 1-cc;ou rce:; ,.rnd the <Jove rm nu It·,-; IJ(,ctc:c No 49/ I 098/N D Cf) nf .July 13, 19:JH on lhn 1nun:-1w:1nent of fi~;l1inq 21ctivitinci of foreign persons ;.u id n-w,Jn i; in Vietm1 me:,e sea area~,, tho Vietnarn-Chi11n ilt'jteemcnt on fisl1i11g coopcrc.1tir1n in Tonkin Gulf and other law pmvir;ions; 1.3. To hand over to tile Aquatic Hesource Protection I nspectomte dossiers, means, rnaterial evidences and pernons seized by !he Coast Guard in cases of law viobtion by mgar.izations and d\viduals falling under the handling competence of the Aquatic Resource Protection Inspectorate. 1 .4. The Coast Guard Department shall direct r·egional Coast Guard to coordinate with the Aquatic Resource Services, Aquatic Resource Protection Sub Departments and Aquatic Resource Protection Inspectorates of the coastal provinces and centrally run cities in performing the task of managing the exploitation and protection of aquatic resources. 2. Responsibilities of the concerned forces of the Ministry of Aquatic Resources for coordi11atio11 of activities with the Coast D uard {guiding Clause 2, Article 24 of the Regulfltion) 2.1. The Oepadmcnt for Aquc1tic Resource Protection shall have to notify tt1e Coast Guard of assorted types of t1~-;hin~1 ships, boat,; and me~1m; <.t foreign organizations and/or individuals, allowed to enter and catch aquatic resources in Vietnamese sea areas; acts of violuting regulations on the use of certificates of r·eg i strati on for fishing act iv iti es, on protection of living environment and aquatic species, on management of aquatic resource exploitation, ancl on management of fo,l1ir1g ships and boats; 2.2. p·or the sen ,H'C)nS where rmmy fisl1in(J ships and boats commit ads of l,,iw violation, the /\quatic Resource Protection I nspecto 1-c1te sh,'1 I I take i 11 iliative and coordinate with the~ Coust Uuard in iointly inspecting, contro 11 iWJ, ddecting, check inD and sanc:tioninn :3drni r 1 i'.;(t :itiv1:, violc1tions in thn fidd (lf aquatic resource r)Xploib.llion ;:md proluciion acr;Ot"diw1 to law provi~:ion,;, :!. 3. (':,llip',:, bn: 'i': ind ; ()( :11\:'; or tile COi ii \If II/:,! /(11ces or Hw fl/lir 11' ,[I'/ • ,1 /v1L1:1I:<: ) {('\";()LIIC(;(,; :J111i: I 1:-1v, '. l,J c1J111ply wit/1 the rnobilizntion by li1,, Coast Cunrl.! in i H ~1.:1 1 t circun 1s trn1u),; of purf;t I i11 q law-w Jlntin q persons :md lll(HlllS, providinq tirc,t ,Jid to victirm, and coping with :;1:: 1 io us cnvi ron In ent~"J I i 11 c id u1I [: ; ,:,ccu rring in n1e '.;e,.1 <c11ew; uf Vid11ar11, 2. 4. The Aquatic Hesource FJ rotriction Inspectorate shall receive dossiers, persons, means and material evidences of rnses of viol:,1tin~J leqislation on aquatic rosource exploitation and protection, handed over by U1e Coast Guard r-orce under its l1andling competence; 2.5. The Department for Aquatic Hesource Protection and the central Aquatic HE:source Protection Inspectorate shall direct local Aquatic Resource Protection Sub·-Departments and Aquatic Resource Protection Inspectorates to coordinate with regional Coast Guard Forces in jointly performing the task ot rnanaging the exploitation and protection of aquatic resources. Ill. IMPLEMENTATION ORGANIZATION 1. To assign the Coast Guard Department and the Department for Aquatic Resource Protection to assume the prime responsibility and coordinate with functional agencies of the Ministry of Defense and the Min is try of Aquatic Resources in implernenting and organizing the realization of this Joint Circular and to direct and guide units under their respective management to coordinate with one anou·1er so as t(i abide by the legislation on aquatic resource exploitation and protection in the sea areas and continental shelf of Vietnam. 2. This Joint Ci re u lar takes effect t 5 days after it is published on the Official Gazette. In the course of implementation, if meeting with any difficulties and p1ob\ern,,, agencies, organizations and individuals should reported them in time lo the Ministry of Defense i,ind the Min is try of Aquatic Resources fm consideration ;md SFlttlernent. ror the MiniMw nr Ddonse Vice Minister Li011teoant Gcmoml NGUYFN VAN DlJOC Por th!l 1\1/ini.:,tor of' Aqua£;',.; (-t.nso11rcf1 Vh:o Minf:it1.'!' NGlJYF:N Nf:iOC l 10NG