Nghị định 102/2012/ND-CP

DECREE

ON THE ORGANIZATION AND OPERATION OF THE FISHERY CONTROL FORCE

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Fisheries Law;

Pursuant to the November 15, 2010 Law on Inspection;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

Pursuant to the June 21, 2012 Law on the Sea of Vietnam;

Pursuant to Document No. 209/UBTVQH13-PL of July 18, 2012 of the National Assembly Standing Committee on the establishment of the fishery control force;

At the proposal of the Minister of Agriculture and Rural Development,

The Government promulgates the Decree on the organization and operation of the fishery control force.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the functions, tasks, powers and organization of the fishery control force; tasks, powers and responsibilities of members of the fishery control force, crewmembers of fishery control vessels; conditions to ensure activities of the fishery control force; relationship between the fishery control force and other functional forces; and responsibilities in state management for fishery control force.

Article 2. Subjects of application

This Decree applies to state agencies, domestic organizations and individuals; and foreign organizations and individuals conducting fisheries activities in Vietnam's sea areas.

Chapter 2.

POSITION, FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF THE FISHERY CONTROL FORCE

Article 3. Position and functions of the fishery control force

The fishery control force is a specialized force of the State under the Directorate of Fisheries of the Ministry of Agriculture and Rural Development, performing the functions of patrol, inspection, control, detection and handling of violations, and the specialized fisheries inspection in Vietnam's sea areas.

Article 4. Tasks and powers of the fishery control force

1. To advise on, propose and participate in the formulation of mechanisms, policies and legal documents providing on fishery control as assigned and decentralized.

2. To patrol, examine, control, inspect, detect and handle violations of fisheries law in Vietnam's sea areas in accordance with law.

3. To sanction administrative violations, to apply measures to prevent violation of fisheries law committed by domestic and foreign organizations and individuals conducting fisheries activities in Vietnam's sea areas.

4. To request related agencies, organizations and individuals to supply information and documents necessary for the patrol, examination, control, inspection, detection and handling of violations of fisheries law.

5. To propagate and disseminate Vietnamese law and international law on fisheries; to guide fishermen and organizations as well as individuals operating in the sea areas to observe fisheries law.

6. To participate in the prevention and combat of natural disasters and coordinate in search, rescue and salvage activities; to participate in the protection of national sovereignty, sovereign rights and jurisdiction over the sea areas as provided by law.

7. To participate in international cooperation on fisheries in accordance with treaties which Vietnam has signed or acceded to.

8. To assume the prime responsibility for, and coordinate with related agencies and organizations in, providing professional and skill training and retraining for members of the fishery control force, civil servants, public employees and crewmembers of fishery control vessels.

9. To perform specialized inspection and other assigned tasks as prescribed by law.

Article 5. Organizational structure of the fishery control agency

1. The Department of Fishery control is a body attached to the Directorate of Fisheries under the Ministry of Agriculture and Rural Development.

The Department of Fishery control has regional Fishery control Sub-Departments, professional divisions and non-business units.

2. The Department of Fishery control and regional Fishery control Sub-Departments have the legal-person status, offices and separate seals and may open accounts at the State Treasury.

3. The Minister of Agriculture and Rural Development shall define the functions, tasks, powers and organizational structure of the Department of Fishery control.

Chapter 3.

MEMBERS OF THE FISHERY CONTROL FORCE AND CREWMEMBER OF FISHERY CONTROL VESSELS

Article 6. Members of the fishery control force

1. Members of the fishery control force are civil servants appointed into the fishery control force member's rank to perform fishery control tasks.

2. Fishery control Force members are issued Fishery control member cards, uniforms and special-use equipment.

Article 7. Crewmembers of fishery control vessels

1. Crewmembers of a fishery control vessel include:

a/ Civil servants appointed into the rank of crewmember of fishery control vessel;

b/ Other persons working on a fishery control vessel under labor contracts.

2. Crewmembers of a fishery control vessel are issued uniforms.

3. The Minister of Agriculture and Rural Development shall define the tasks, responsibility and powers of crewmembers of fishery control vessels.

Article 8. Powers and responsibilities of members of fishery control force

1. To request related agencies, organizations and individuals to supply information and documents necessary for the patrol, examination, control, inspection, detection and handling of violations of fisheries law.

2. To sanction administrative violations and apply measures to prevent and stop acts of administrative violation in accordance with law.

3. To use means, supporting tools and special-use equipment when performing official duties in accordance with law.

4. To wear uniforms, badges, rank stripes and plates for members of fishery control force as prescribed.

5. To exercise the powers of an inspector as prescribed by the inspection law.

Chapter 4.

CONDITIONS FOR ASSURANCE OF FISHERY CONTROL ACTIVITIES

Article 9. Policies for members of fishery control force and crewmembers of fishery control vessels

1. Members of fishery control force are entitled to wages, seniority allowance, occupational liability allowance and other allowances as prescribed by law.

2. Crewmembers of fishery control vessels are entitled to wages, occupational preference allowance and other compensation as prescribed by law.

3. If members of fishery control force or crewmembers of fishery control vessels are wounded or die while being on duty, they will be considered and recognized as war invalids or martyrs and enjoy law-prescribed benefits and policies.

Article 10. Uniforms and equipment of the fishery control force

1. Uniforms of the fishery control force are annually supplied by the State in accordance with law.

2. The fishery control force is equipped with special-use communication devices, special means and equipment and necessary tools for self-defense and performing their tasks in accordance with law.

3. The Minister of Agriculture and Rural Development shall specify uniforms of the fishery control force.

Article 11. Fishery control vessels

1. Fishery control vessels are official-duty vessels of the fishery control agency used for the patrol, examination, control, inspection, detection and handling of violations of fisheries law; search, rescue and salvage at sea; support of fishermen; protection of national sovereignty, sovereign rights and jurisdiction over the sea areas, and other tasks of the fishery control force.

2. The Minister of Agriculture and Rural Development shall prescribe the paint colors, number signs, standards and operation norms of fishery control vessels.

Article 12. Operation funding sources

Investment capital and operation funds of the fishery control force are allocated from the state budget and other funding sources as prescribed by law.

Chapter 5.

COORDINATION BETWEEN THE FISHERY CONTROL FORCE AND RELATED FORCES

Article 13. Coordination principles

1. To conform to the functions, tasks and powers of each agency and force defined by law, assuring no overlap and uniformity of specialized state management.

2. To be active and timely, ensuring centralized and unified direction and administration in order to create an synergy for the protection of national sovereignty and security in the sea areas, protection of fishermen and aquatic resources.

Article 14. Coordination contents

1. Exchange of information and documents.

2. Formulation and promulgation or submission to competent authorities for promulgation of legal documents on fishery control.

3. Patrol, inspection, examination, control, detection and handling of violations of fisheries law.

4. Protection of fishermen, national sovereignty and security in Vietnam's sea areas.

5. Propagation and dissemination of and education about fisheries law for organizations and individuals operating on the sea; protection of state assets, the life and assets of people and crafts conducting fisheries activities in Vietnam's sea areas.

6. Search, rescue and salvage and response to incidents on the sea, protection of aquatic resources, prevention and combat of marine environmental pollution.

7. Grant of permission for civil servants and public employees of other agencies or forces to board fishery control vessels for performing their tasks upon request.

8. Implement International cooperation activities.

9. Organization of specialized professional training and retraining.

10. Other coordinated activities related to fishery control.

Article 15. Mobilization of forces and means

1. In cases of emergency and necessity to increase forces and means for timely prevention of violations of fisheries law, the Minister of Agriculture and Rural Development may issue mobilization orders proposing related ministers and chairpersons of provincial-level People's Committees to mobilize forces and means for preventing violations of fisheries law; the General Director of the Directorate of Fisheries may issue orders to mobilize forces and means of local agencies assigned to perform the tasks of inspection, examination and control to protect aquatic resources.

The Director of the Department of Fishery control shall organize the execution of mobilization orders.

2. Organizations and individuals who are mobilized with forces and means shall abide by the mobilization orders of competent persons.

3. Agencies implementing mobilization order shall pay all expenses for mobilized organizations and individuals in accordance with law.

Chapter 6.

STATE MANAGEMENT FOR FISHERY CONTROL FORCE

Article 16. Responsibilities of the Ministry of Agriculture and Rural Development

1. To be answerable to the Government for the management, leading and direction of the fishery control force.

2. To formulate, review, amend or supplement and submit to competent authorities for promulgation or promulgate according to its competence legal documents on fishery control force; to assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating, promulgating or submitting to competent agencies for promulgation specific mechanisms for coordination between the fishery control force and other relevant forces.

3. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, defining working positions and formulating the payroll of civil servants of the Department of Fishery control, submitting to competent authorities for decision in accordance with law on the management of its civil servant payroll; formulating professional standards of civil servant ranks applicable to members of fishery control force and crewmembers of fishery control vessels.

4. To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and related agencies in, proposing the Prime Minister for consideration and decision the building of fishery control vessels.

5. To assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the management and use of operation funds of the fishery control force and the payment for expenses by agencies executing competent persons' orders for mobilization of forces and means.

6. To provide unified professional and operation direction of the fishery control force; to direct the inspection and examination of activities of the fishery control force.

7. To direct and examine the management and provision of uniforms, badges, rank stripes, banners, plates and force member cards of the fishery control force, equipment for activities of fishery control vessels and administrative violation-handling forms of the fishery control force as provided for by law.

8. To direct the training and retraining of human resources for the fishery control force.

9. To ensure funds for the fishery control force to perform the assigned tasks and functions.

Article 17. Responsibilities of related ministries, sectors and provincial-level People's Committees

1. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and other related agencies in, submitting to competent authorities for decision the civil servant payroll of the Department of Fishery control; defining the ranks and rank codes of fishery control force members, crewmembers of fishery control vessels who are civil servants; submitting to the Prime Minister for decision the regime of allowance and compensation for fishery control force members and crewmembers of fishery control vessels.

2. The Ministry of National Defense shall direct the navy, border guard and marine police forces to coordinate with and support the fishery control force in accordance with law.

3. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, specifying the equipment, the management and use of supporting tools and special-use equipment in the performance of the functions and tasks of the fishery control force.

4. The Ministry of Finance shall assure operation funds for the fishery control force in accordance with the Law on State Budget.

5. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, issuing specific regulations on entitlement to benefits like war invalids and martyrs applicable to fishery control force members and crewmembers of fishery control vessels who are wounded or die in the cases prescribed by the Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution.

6. The Ministry of Foreign Affairs shall coordinate with the Ministry of Agriculture and Rural Development in international cooperation related to activities of the fishery control force.

7. Ministries, sectors and provincial-level People's Committees shall coordinate with the Ministry of Agriculture and Rural Development in performing the tasks of the fishery control force in accordance with law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 18. Effect

This Decree takes effect on January 25, 2013.

Article 19. Implementation responsibilities

1. The Minister of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, related agencies, organizations and individuals shall implement this Decree.-