Nghị định 107/2005/ND-CP

Decree No. 107/2005/ND-CP of August 17, 2005, regarding the organization and operation of Fisheries Inspection Force

Decree No. 107/2005/ND-CP of August 17, 2005, regarding the organization and operation of Fisheries Inspection Force đã được thay thế bởi Decree 47/2015/ND-CP conducting inspection in Agriculture and Rural development và được áp dụng kể từ ngày 30/06/2015.

Nội dung toàn văn Decree No. 107/2005/ND-CP of August 17, 2005, regarding the organization and operation of Fisheries Inspection Force


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness
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No. 107/2005/ND-CP

Hanoi, August 17, 2005

 

DECREE

REGARDING THE ORGANIZATION AND OPERATION OF FISHERIES INSPECTION FORCE

THE GOVERNMENT

Pursuant to Law on Government’s Organization dated December 25th 2001,
Pursuant to Fisheries Law dated November 26th 2003,
Pursuant to Law on Inspection dated June 15th 2004,
Pursuant to Ordinance on sanction on administrative violations dated July 2nd 2002,
Upon the request of Minister of Fisheries
,

HAS DECREED:

Chapter I

GENERAL PROVISIONS

Article 1. Role and function of fisheries inspection force

Fisheries inspection force is established at Ministry of Fisheries and Department of Fisheries or other competent Department assisting the city’s or province’s People’s Committees under the central control to manage the fisheries areas as a central and local levels respectively.  It shall exercise the administrative and specialized inspection work within the areas of State management of fisheries.

Article 2. Subjects of fisheries inspection

The subjects of fisheries inspection shall be the followings:

1. Organizations and individuals who are under the management competence of the State management agencies dealing with fisheries.

2. Vietnamese organizations and individuals as well as foreign organizations and individuals engaged in fisheries activities. These regulations shall not be applied unless the international treaties to which Vietnam is a party state otherwise.

Article 3. Operation principle

The fisheries inspection force shall carry out the following activities:

1. The action carried out by the fisheries inspection force shall be complied with the legislation, ensuring the accuracy, objectiveness, democracy and in time; it shall not interfere with the ordinary activities of the organizations and individuals subject to inspection.

2. The persons in charge of the inspection decision, heads of the inspection agencies, leaders of inspection group and inspectors, while carrying out inspection work, shall comply with the legislation on inspection and regulations set forth under this Decree and shall be responsible to the law for their action and decision.

Chapter II

ORGANIZATION, MANDATE AND AUTHORITIES OF FISHERIES INSPECTION FORCE

Article 4. Fisheries inspection agencies

1. The fisheries inspection agencies shall include the following:

a. Fisheries inspection force under the Ministry of Fisheries, hereinafter referred to as Ministry’s Inspection;

b. Fisheries inspection force under the Fisheries Department, hereinafter referred to as Department’s Inspection.

The fisheries inspection force shall be established within the organization structure of the Department’s Inspection in case of the functionary Departments assisting the city’s or province’s People’s Committees to manage the fisheries areas.

2. The  Ministry’s and Department’s Inspection shall have their own stamp and account.

Article 5. Ministry’s Inspection

1. Ministry’s Inspection is the agency under Ministry of Fisheries assisting the Minister of Fisheries to perform State management of inspection; exercising the duties and authorities of the administrative and specialized inspection work in the areas under the State management competence of the Ministry of Fisheries.

Ministry’s Inspection shall be directly instructed by the Minister of Fisheries as well as be under the direction and guidance on expertise, organization and skills by The Government Inspectorate.

2. Ministry’s Inspection shall include the Inspector-in-chief, vice chief inspectors and inspectors.

The Inspector-in-chief of the Ministry shall be appointed and dismissed by the Minister upon the agreement with the General Inspector. The vice chief inspectors of the Ministry’s Inspection shall be appointed and dismissed by the Minister upon the request of the Ministry’s Inspector-in-chief.

3. Ministry’s Inspection shall have its beneath offices according to the decision made by the Minister of Fisheries.

4. The Minister of Fisheries shall specifically decide the function, mandate, organization structure and employment of the Ministry’s Inspection based on the specialized fisheries feature.

Article 6. Mandate and authorities of the Ministry’s Inspection

The Ministry’s Inspection shall have the mandate and authorities as follows:

1. Perform the mandate and authorities as laid down in Articles 54, 55 of Fisheries Law and Article 25 of Law on Inspection.

2. Manage the operation of the specialized fisheries inspection force; provide training and refresher courses for fisheries inspectors and collaborators.

3. Chair or participate in, within its competence,  the drafting process of legal normative documents related to the organization and operation of fisheries inspection in order to submit to the Minister for promulgation or for presence to the competent agencies by the Minister for promulgation. Take part in the preparation of other legal normative documents as assigned by the Minister. 

 4. Monitor, examine and urge the implementation of the conclusion, proposals and action decision relating to the inspection work and the decisions on the sanction of administrative violations made by the Ministry’s Inspection.

5. Convene the inspectors from Departments, require the relevant agencies and units to appoint their staff to take part in inspection group.

6. Make proposal to the competent State agencies to suspend the enforcement or cancel the regulations that are contrary to the State legal documents or to the fisheries specialized legal documents issued by the Ministry of Fisheries.

Article 7. Duties and authorities of Ministry’s Inspector-in-chief

The Ministry’s Inspector-in-chief shall have the duties and authorities as follows:

1. Carry out the duties and authorities as stated in Article 26 of Law on Inspection.

2. Lead and instruct the inspection work of the Ministry’s Inspection; direct and provide guidance on skills of specialized inspection to the Department’s Inspection.

3. Formulate annual inspection programmes and plans of the Ministry’s Inspection to present to the Minister for decision and perform those programmes and plans. 

4. Make proposals to the Minister to cooperate with other Ministries, sectors and province’s People’s Committees to settle the coincidence among the inspection groups while inspecting the agencies and units under the management competence of the Ministry.

5. Monitor, examine and urge the implementation of the conclusions, proposals to the inspection action decisions within the competence of the heads of agencies or units under the management of the Ministry.

6. Examine the responsibility of the heads of agencies or units under the management of the Ministry in the implementation of the legal legislation relating to inspection; examine the responsibility of the heads of Departments in the organization and direction of specialized inspection work.

7. Report to the Minister and General Inspector regarding the inspection work within his/her duties.

Article 8. Department’s Inspection

1. Department’s Inspection is an agency of the Department of Fisheries, assisting the Director of the Department in exercising the administrative and specialized inspection duties and authorities within the scope of competence of the Director of the Department.

Department’s Inspection shall be subject to the direct instruction of the Director of the Department and at the same time, subject to the direction and guidance on expertise, organization and skills on administrative inspection service and on specialized inspection service provided by province’s Inspection Ministry’s Inspection respectively.

2.Department’s Inspection shall include chief inspector, vice chief inspectors and inspectors.

The Chief Inspector shall be appointed and dismissed by the Director of the Department upon the agreement with province’s Inspector-in-chief; the vice chief inspectors shall be appointed and dismissed according to the proposals made by Department’s chief inspector.

4. On the basis of the requirements and duties regarding the fisheries specialized management of localities, the province’s and city’s People’s Committees shall make specific regulations related to organization, employment and operation of the fisheries specialized inspection pursuant to the guidance provided by the Ministry of Fisheries and Ministry of Interior.

Article 9. Duties and authorities of Department’s Inspection

Department’s Inspection shall have the duties and authorities as follows:

1. Perform the duties and authorities as stated in Articles 54 and 55 of Fisheries Law and Article 28 of the Law on Inspection.

2. Monitor, examine and urge the implementation of the conclusions, proposals, action decisions on the inspection work as well as decisions on the sanction of administrative violations made by the Department’s Inspection.

3. Require relevant agencies and units to assign their staff to take part in the inspection groups.

4. Make proposals to the competent State agencies to suspend the implementation or cancel the regulations that are contrary to the State legal documents or fisheries specialized legal documents promulgated by the Ministry of Fisheries.

Article 10. Duties and authorities of Department’s chief inspector

The Department’s chief inspector shall have duties and authorities as follows:

1. Perform the duties and authorities as stated in Article 29 of the Law on Inspection.

2. Lead and instruct the inspection work of Department’s Inspection.

3. Formulate annual programmes and plans on the inspection to present to the Director of the Department for decision and carry out those programmes and plans.

4. Make proposals to the Director of the Department to cooperate with the competent agencies of the province to settle the coincidence among the inspection groups while inspecting the agencies or units under the management competence of the Department.

5. Monitor, examine and urge the implementation of the conclusions, proposals, action decisions on the inspection work as well as decisions on the sanction of administrative violations made by the Department’s Inspection.

6. Examine the duties of the heads of agencies and units under the management of the Department in the exercising of legislation relating to inspection.

7. Report to the Director of the Department, province’s chief inspector and Ministry’s Inspector-in-chief on the inspection work.

Chapter III

FISHERIES INSPECTORS AND COLLABORATORS

Article 11. Fisheries inspectors

1. Fisheries inspectors shall be State public servants appointed to the inspection service to conduct the inspection work.

2. The fisheries inspectors shall meet the general requirements as stated in Article 31 of the Law on Inspection as well as other conditions and standards as regulated by the Minister of Fisheries.

3. The fisheries inspectors shall have their duties and authorities as laid down in Articles 40 and 50 of the Law on Inspection.

4. The appointment, dismissal and preferential policies of the fisheries inspectors shall be done in accordance with the legislation.

Article 12. Fisheries collaborators

1. During inspection work, fisheries inspection agencies shall have the right to convene fisheries collaborators.

2. Inspection collaborators shall be those who have the appropriate expertise and skills on inspection and shall be convened to conduct inspection work or shall be convened in the form of contracted collaborators to stay in specific areas for specialized inspection purposes as assigned by the fisheries inspection agencies.

3. The standards, preferential policies and mandate of fisheries collaborators and the convene of the fisheries collaborators shall be done in accordance with the legislation related to the inspection collaborators as well as regulations made by the Minister of Fisheries.

Chapter IV

INSPECTION ACTIVITIES

Article 13. Administrative inspection

The content and procedures of administrative inspection shall be done in accordance with the regulations set out in Articles 34 to 44 of the Law on Inspection and the guidelines of the Law on Inspection.

Article 14. Specialized inspection

The specialized inspection shall be comprise of the inspection, investigation and taking action to the administrative violations regarding the implementation of the procedures, standards and conditions of trading and production as well as other regulations of the legislation on fisheries activities, including:

1. Regulations on the management, exploitation and protection of fisheries resources.

2. Regulations on the management of fishing ports, registration and inspection of fishing vessels, the assurance of the safety for human and fishing vessels.

3. Regulations on the management of aquaculture

4. Regulations on the management of aquatic veterinary service

5. Regulations on the control of quality, hygiene and safety of fish and fishery products.

6. Regulations on the conditions of trading and production of fisheries-related occupations.

7. Other regulations of the legislation related to the fisheries activities under the competence on administrative sanction of the fisheries inspection.

Article 15. Specialized inspection procedures

1. The specialized inspection procedures shall be done in accordance with Articles from 45 to 52 of the Law on Inspection and the guidelines of the Law on Inspection.

2. The procedures relating to the sanction imposed on the administrative violations in the fisheries field shall be carried out in accordance with the legislation dealing with the handling on administrative violations.  

Chapter V

UNIFORM, BADGES, STRIPE, PENNANT, TECHNICAL FACILITIES AND THE OPERATION COSTS OF FISHERIES INSPECTION

Article 16. Uniform, stripes, badges and pennant

1. The fisheries inspectors shall be provided with specific uniform, badge, stripe and pennant.

The organizations and individuals who are not in the fisheries inspection force shall be prohibited to use uniform, badge, stripe and pennant of the fisheries inspection or to use them so that it makes the confuse with fisheries inspection force.

2. The Minister of Fisheries shall agree with the General Inspector to make specific regulations on the standards, norm, the form and color of the uniform, stripe, badge and pennant of fisheries inspectors.

Article 17. Technical facilities

1. Fisheries inspection force shall be equipped with the offices, patrol vehicles, communication means, supporting instruments, self-defense weapon and other technical equipment and facilities served the inspection work.

2. The Minister of Fisheries shall make specific regulations on the allocation of technical facilities and shall cooperate with the Ministry of Public Security and Ministry of National Defense to make  regulations on the allocation, management and use of supporting instruments and weapons.

Article 18. Operational costs

1. The operational cost of the fisheries inspectors shall be allocated by the State and other budgets as regulated by legislation.

2. The allocation, management and use of the costs shall be done in accordance with the legislation.

Chapter VI

DUTIES AND RELATIONS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN INSPECTION ACTIVITIES

Article 19. Duties of the heads of State management agencies in fisheries areas

1. The Minister of Fisheries shall be responsible for organization and direction of the fisheries inspection activities within the competence of the Ministry; finalization of the Ministry’s Inspection organization; regularly direction and assurance of the operational conditions for the Ministry’s Inspection; timely taking action to the conclusions and proposals made of the Ministry’s Inspection.

2. The Director of the Fisheries Department and functionary Departments assisting the city’s and province’s People’s Committees to finalize the organization system of the Department’s Inspection; timely take action to the conclusions and proposals made by the Department’s Inspection.

Article 20. Duties of organizations and individuals subject to inspection and of relevant agencies, organizations and individuals

1. The organizations and individuals subject to inspection shall have their duties, obligations and rights as stated in Articles 8, 53 and 54 of the Law on Inspection.

2. The agencies, organizations and individuals those have information or documents related to the inspection content shall promptly provide upon the requirement of inspection agencies and shall be responsible for its accuracy and the faith of the provided information or documents.

Article 21. Collaborative relations in fisheries inspection work

1. The Ministry’s Inspection shall be directed and provided with the guidance with the operation, organization and skills on inspection by the Government Inspectorate; its shall have duties to provide guidance on specialized inspection skills for the Department’s Inspection; provide or chair the inter-Department inspection work; provide guidance and examine the internal inspection work.

2. The Department’s Inspection shall be directed and provided with the administrative inspection skills and organization by the province’s Inspection, and be provided with the specialized inspection skills by the Ministry’s Inspection . It shall have the duties to appoint the inspectors to join the inspection work held by the Ministry’s Inspection or to organize the extraordinary inspection work upon requirement of the Ministry’s Inspection.

3. The fisheries inspection agencies, within their duties and authorities, shall be responsible for cooperation with the police, border guards, coast guards and other specialized inspection forces, the People’s Committees at all its levels and other relevant agencies and organizations to prevent, detect and take action to the violations in general and the violations committed to the fisheries areas.

4. The police, border guards, coast guards, other specialized inspection forces, the People’s Committees at all its levels and other relevant agencies and organizations, within their duties and authorities, shall have the duties to cooperate with the fisheries inspection force to prevent, detect and take action to the violations committed to fisheries areas.

Chapter VII

REWARDS AND SANCTION

Article 22. Rewards

Organizations and individuals who have significant contribution to the fisheries inspection activities shall be rewarded as regulated by the legislation.

Article 23. Sanction

1. Any persons who interfere with, bribe or revenge the inspectors, prosecute wrongly or violate the law on inspection; who abuse the duties and inspection authorities; or who make inspection conclusion or take action inconsistent with correct manner due to the lack of responsibility or private purposes that violate the legitimate rights and interests of the organizations and individuals shall, upon the seriousness and nature of violations, be subject to punishment, administrative sanction or criminal proceedings as provided for by law. In case of damages, compensation shall be imposed as stated by law.

2. Complaints, denunciation and settlement of complaints and denunciation related to fisheries inspection activities shall be done in accordance with the legislation dealing with complaints and denunciation.

Chapter VIII

EXECUTIVE PROVISIONS

Article 24. Entry into force

1. This Decree shall become effective after 15 days after being posted on the Gazette.

2. Decision 415/QD-TTg dated 10 August 1994 of the Prime Minister regarding the rule on organization and operation of inspection force in charge of fisheries resources protection and Decision 443/TTg dated August 8th 1995 of the Prime Minister regarding the amendment of Article 13 of the rule on organization and operation of inspection force in charge of fisheries resources protection which was issued in accompany with Decision 415 415/QD-TTg dated 10 August 1994 of the Prime Minister.

Article 25. Executive duties

1. The Minister of Fisheries shall make guidance on the implementation of this Decree.

2. The Ministers, directors of ministerial-level agencies, the directors of governmental agencies, Chairman of People’s Committee at provincial and city level under the central control shall be responsible for implementation of this Decree./.

 

FOR AND ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

 

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Loại văn bảnNghị định
Số hiệu107/2005/ND-CP
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Ngày ban hành17/08/2005
Ngày hiệu lực13/09/2005
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