Nghị định 53/2012/ND-CP

Decree No. 53/2012/ND-CP of June,20, 2012, amending and supplementing a number of articles of the decrees on aquatic product area

Decree No. 53/2012/ND-CP amending and supplementing a number of articles of the đã được thay thế bởi Decree 26/2019/ND-CP guidelines for implementation of the Law on Fisheries và được áp dụng kể từ ngày 25/04/2019.

Nội dung toàn văn Decree No. 53/2012/ND-CP amending and supplementing a number of articles of the


THE GOVERNMENT
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
---------------

No. 53/2012/ND-CP

Hanoi , June,20, 2012

 

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE DECREES ON AQUATIC PRODUCT AREA

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Aquatic products dated November 2003;

At the proposal of the Minister of the Ministry of Agriculture and Rural development;

The Government issues the Decree amending and supplementing a number of articles of the Decrees on the aquatic product area

Article 1. Amending and supplementing a number of articles of the Decree No. 59/2005/ND-CP dated May 04, 2005 of the Government on the production conditions of a number of aquatic sectors

1. Clause 1, Clause 2, Clause 3 and Clause 4 of Article 6 is amended as follows:

“Article 6. Procedures and order of license issuance

1. Dossier for the issuance of license of one (01) set including:

a) Application for license issuance;

b) Types of document prescribed in clause 1, Article 5 of the Decree No. 59/2005/ND-CP (the copy)

2. Dossier for extension of license of one (01) set including:

a) Application for license extension;

b) Certificate of safety of the fishing vessel ( the copy)

3. Organizations or individuals request the re-issuance of license in case the license is lost or torn, crumpled, damaged, submit application under the form prescribed in Annex I promulgated together with this Decree.

4. The competent licensing authorities shall consider the license issuance and the license re-issuance within a period of five (05) working days and license extension within two (2) working days, from the date of fully receiving the dossier as prescribed. In case of not issue or re-issue or extend the license, there must be a written response specifying the reason.”

2. Article 7 is amended as follows:

“Article 7. Licensing agencies

Branch of aquatic.resources exploitation and protection or the unit that is assigned the task of line management on aquatic resources exploitation and protection of central-affiliated provinces and cities issues, extends, re-issues and revokes the license for the organizations and individuals having fish boat registered in provinces.”

Article 2. Annulling a number of Article and clause of Decree No. 14/2009/ND-CP dated February 13, 2009 of the Government amending and supplementing a number of Articles of the Decree No. 59/2005/ND-CP dated May 04, 2005 of the Government on the conditions of production and trading of a number of aquatic sector.

1. Annulling Clause 5 of Article 1

2. Annulling Clause 6 of Article 1

Article 3. Amending and supplementing a number of Articles of Decree No. 33/2010/ND-CP dated March 31, 2010 of the Government on the management of aquatic activities of Vietnamese organizations and individuals on sea areas.

1. Clause 4 and Clause 5 of Article 2 are amended as follows:

“Article 2. Explanation of terms

4. The sea water outside Vietnam sea water is the high sea water and national sea water and other territories.

5. The high sea is the all sea waters that are not lying in the exclusive economic zones, national territorial sea or inland waters as well as not lying in the archipelago waters of the archipelago nation.”

2. Point a, Clause 1 of Article 4 is amended as follows:

“Article 4. Zoning of aquatic exploitation

The coastal areas are limited by the water level of the lowest tide and coastal route. For the islandish localities, the provincial People's Committee will base on the necessity and the specific characteristics of each island to regulate the coastal waters of those islands, but limited to no more than six (06) nautical mile from the water level of the lowest tide of the island. "

3. Article 6 is amended as follows:

“Article 6. Condition of aquatic exploitation outside Vietnam’s sea waters

Organizations and individuals that exploit the aquatic products outside Vietnam sea waters must have the following conditions:

1. For fishing vessels:

a) Fishing vessels that are eligible for the limited operation area of level I or unrestricted. In case of operating in the waters of countries in South East Asia, the fishing vessels must meet the standards of limited operation area of level II or higher;

b) Having been registered Certificate of technical safety of fishing vessel must be remained valid for at least 3 months;

c) Being fully equipped with the safety equipment for people and fishing vessel, the communication corresponding to the sea waters as prescribed by law;

d) Having complete seaman staff as prescribed by law;

2. For the seaman and people working on board:

a) The master and chief engineer must have certificate of master or chief engineer granted by the competent authorities;

b) All crewmen are insured;

c) Having book of seaman and fishing vessel or professional certificate of seaman and fishing vessel.

3. For the organizations and individuals taking the fishing vessels to exploit in the sea waters of other countries or territories must meet the conditions for fishing vessel, seaman, people working on board and the following conditions:

a) Having contract for cooperation of aquatic exploitation with the organizations and individuals of the country or the territory having sea and approved by the competent authorites of that country or the territory having sea or in conformity with the content of the fishery cooperation Agreement between the country and territory having sea with the Socialist Republic of Vietnam;

b)The seamen on boat must have general passports;

c) On the boat or group of boat there is at least one (01) person who speaks English or the common language of the countries or territories to which the fishing vessel comes for exploitation;

d) Meeting other conditions as prescribed by law of the home country (if any)

4. For the organizations and individuals taking the fishing vessels to exploit in the sea waters of other countries or territories must meet the following conditions:

a) Having contract for cooperation of aquatic exploitation with the organizations and individuals of the country or the territory having sea and approved by the competent authorites of that country or the territory having sea or in conformity with the content of the fishery cooperation Agreement between the country and territory having sea with the Socialist Republic of Vietnam;

b) Meeting the conditions on fishing vessel and seaman and people working on board as prescribed in Clause 1, Clause 2 of this Article;

c) Meeting other conditions as prescribed by law of the home country (if any)

4. Article 7 is amended as follows:

“Article 7. The procedures and licensing order to the fishing vessel for aquatic exploitation of the other countries or territories and returning the papers that the organizations and individuals have submitted upon licensing.

1. The organizations and individuals will submit dossier to the General Directorate of Fisheries under the Ministry of Agriculture and Rural Development. Dossier of one (01) set includes:

a) The licensing application to fishing vessel for the operation of aquatic exploitation in the sea waters of other countries or territories;

b) Having contract for cooperation of aquatic exploitation in the sea waters of other countries or the territories approved by the competent authorites of those countries or the territories ( the notarized copy);

c) The certificate of fishing vessel registration (the copy);

dd) The list, photo and passport of the seaman and people working on board;

e) The master or chief engineer’s certificate (the copy)

2. Within a period of (05) five working days from the receipt of complete dossier as prescribed, the General Directorate of Fisheries will consider the dossier and license the fishing vessel for aquatic exploitation in other countries or territories ( in Vietnamese and English).

In case of failing to license, the General Directorate of Fisheries must reply in writing to the fishing vessel owner and specify the reason.

3. Within a period of (05) five working days from the receipt of complete dossier as prescribed, the General Directorate of Fisheries will consider the dossier and license the fishing vessel for aquatic exploitation in other countries or territories and relevant papers ( in Vietnamese and English) including:.

a) License for fishing vessel to exploit the aquatic products in the sea water of the countries or territories;

b) The certificate of fishing vessel registration;

c) The certificate of technical safety of fishing vessel;

d) The list, photo and passport of the seaman and people working on board.

4. After licensing for the fishing vessel to exploit aquatic products in the sea waters of other countries or territories, within a period of two (02) working days from the date of licensing, the General Directorate of Fisheries must noify the provincial People’s Committee where there are boats going to exploit aquatic product in other countries or territories and Ministries: Of Defence, Public Security and Foreign Affairs for the coordination, monitoring and management.

5. The organizations and individuals upon receiving licenses for the exploitation of aquatic products in the sea waters of other countries or territories and relevant papers, they must re-submit to the General Directorate of Fisheries the following papers:

a) The license of aquatic exploitation (the original);

b) The certificate of fishing vessel registration (the original);

c) The certificate of technical safety of fishing vessel (bản chính).

6. In order to get back the submitted papers, the organizations and individuals send application for getting back the papers to the General Directorate of Fisheries (under the form as prescribed in the Annex II issued together with this Circular).

Within a period of two (02) working days from the date of receiving the application as prescribed, the General Directorate of Fisheries must return the papers submitted by the organizations and individuals.”

5. Supplementing Clause 6 and Clause 7 into Article 9 as follows:

“Article 9. Responsibilities of organizations and individuals operating the aquatic exploitation outside the Vietnam’s sea waters.

6. Before leaving the sea ports of other countries or territories to get home, the master or the boat owner must notify the General Directorate of Fisheries or the aquatic management agency of central run provinces and cities where the fishing vessels is registered by means of communication or in writing 05 days in advance from the estimated date of arrival at Vietnamese port.

7. The responsibilities of organizations and individuals taking the Vietnamese fishing vessel to exploit aquatic products in the sea waters of other countries or territories:

a) Only permitted to take the Vietnamese fishing vessel to exploit aquatic products in the sea waters of other countries or territories upon being licensed by the General Directorate of Fisheries for exploitation;

b) Guiding and propagating the captain and seaman of the fishing vessel on their rights and responsibilities when conducting fishing operations in the sea waters of other countries or territories; signing labor contracts and complying with the labor law;

c) Coordinating with the functional agencies in order to solve and handle the arising problems relating to people and fishing vessel taken by the organizations and individuals to exploit the aquatic products in the sea waters of other countries or territories;

d) Advancing the cost to bring home the master, seaman and people working on board and other risk costs (if any);

dd) Complying with the provisions of the Decree No. 33/2010/ND-CP This Decree and other relevant regulations of law”

6. Superseding the Annex I of the Decree No. 33/2010/ND-CP by the Annex III issued together with this Decree.

Article 4. Amending and supplementing a number of Articles of the Decree No. 32/2010/ND-CP dated March 30, 2010 of the Government on the management of aquatic operation of the foreign fishing vessels in Vietnam’s sea waters

1. Clause 3 of Article 3 is amended as follows:

“Article 3. Explanation of terms

2. Vietnam's sea waters are the waters under the sovereignty, sovereign rights and jurisdiction of the Socialist Republic of Vietnam as stipulated in the Law on the national border dated June 17, 2003.”

2. Amending Clause 3 and supplementing clause 5 into the Article 4 as follows:

“Article 4. Principle of aquatic operation of foreign fishing vessels in Vietnam's sea waters

3. The foreign fishing vessels are only permitted to perform the aquatic operation in Vietnam's sea waters if having the License of aquatic operation issued by the competent authorities and the License of frequency and equipment of radio transceivers using issued by the Authoriti of Radio Frequency Management ( except for the fishing vessel transporting aquatic products)   

5. The foreign fishing vessels operating the aquatic products in Vietnam’s sea waters must hang Vietnamese flag during the time of operation. The Vietnamese flag must be hung side by side and is as high as the flag of the country hung on the boat.”

3. Article 5 is amended as follows:

“Article 5. License of aquatic operation of the foreign fishing vessel

1. License of aquatic operation (hereafter referred to as Lincense) is issued to each fishing vessel. One fishing vessel owner can ask for the issuance of License for many fishing vessel.

The content of the Licence under the form as prescribed in Annex I issued together with the Decision No. 32/2010/ND-CP.

2. For fishing vessels transporting aquatic products, the duration of the license issued doesnot exceed 12 months. For other fishing vessels operating the aquatic product, the duration of the license under the term of cooperation projects but not exceeding 36 months.

3. The license is extended no more than two (02) times, each extension time doesnot exceed 12 months.”

4. Article 8 is amended as follows:

“Article 8. Order and procedures for issuance, re-issuance and extension of license

1. Dossier for the issuance of the 1st License of one (01) set including:

a) Application for the issuance of fishing vessel license in accordance with regulations in Annex III issued together with the Decree No. 32/2010/ND-CP;

b) The cooperation project on the survey and exploration of the aquatic resources is approved by the Prime Minister ( the certified copy) or the cooperation project on technical training and aquatic technology transfer is approved by the Minister of Agriculture and rural Development (the certified copy) or the project on collection and transportation of aquatic product is approved by the Chairman of People’s Committees of central run provinces and cities (the certified copy).

c) The certificate of fishing vessel registration (the certified copy);

d) The certificate of technical safety of fishing vessel (the certified copy)

dd) The master and chief engineer's certificate (the certified copy)

e) The list, photo and passport number of the seaman, people working on board (specify full name, position and contact address).

2. Dossier for the re-issuance of the License of one (01) set including:

a) Application for the re-issuance of the License under the form as prescribed in Annex IV issued together with the Decree No. 32/2010/ND-CP);

b) The issued license ( in case the license is torn and crumpled);

c) Making report on the change of fishing vessel ( if any) enclosed with the papers as prescribed at Points c, d, dd and e, Clause 1 of this Article.

d) Making report on the change of the registered port or change of operation career ( if any).

3. Dossier for the License extension of one (01) set including:

a) Application for license extension under the form as prescribed in Annex V issued together with the Decree No. 32/2010/ND-CP;

b) The issued license (the copy);

c) Certificate of technical safety of fishing vessel (the copy);

d) Making report on the operation situation of the fishing vessel during the time of the license issuance;

dd) Diary of aquatic exploitation for the fishing vessel operating the aquatic products during the time of the license issuance;

4. The organizations and individuals requesting the issuance of the 1st License, extension of License and re-issuance of License submit their dossiers to the General Directorate of Fisheries and the Ministry of Agriculture and rural Development (directly submitting or via post).

5. The organizations and individuals requesting the issuance of the license or the authorized person come to receive the result at the General Directorate of Fisheries, the Ministry of Agriculture and rural Development or request the licensing agency to send the result via post.”

5. Supplementing Clause 5 into Article 10 as follows:

“Article 10. Cases of license revocation

5. Failing to implement the regulation on report, taking and submission of diary as prescribed.”

6. Article 11 is amended as follows:

“Article 11. Competence for the issuance, re-issuance and extension of License.

1. The General Directorate of Fisheries, the Ministry of Agriculture and Rural Development is the agencies that have the competence for the issuance, re-issuance and extension  and revocation of License for the foreign fishing vessels operating in Vietnam’s sea waters.

2. The time limit for the implementation of the first issuance, re-issuance and extension of license as follows:

a) Within a period of (05) five working days, from the date of complete receipt of dossier as prescribed for the case of first issuance;

b) Within a period of (05) five working days, from the date of complete receipt of dossier as prescribed for the case of re-issuance;

c) Within a period of (03) three working days, from the date of complete receipt of dossier as prescribed for the case of extension.”

7. Clause 9 of Article 13 is amended as follows:

“Article 13. Responsibilities of the owner of foreign fishing vessels

9.  The foreign fishing vessels is issued the License of aquatic operation in Vietnam’s sea waters only anchor, collect, receive commodity and sell the aquatic products at the port specified in the License of aquatic operation.”

8. Superseding the Annex I of Decree No. 32/2010/ND-CP by the Annex IV issued together with this Decree.

9. Superseding the Annex II of Decree No. 32/2010/ND-CP by the Annex V issued together with this Decree.

Article 5. Amending, supplementing and annulling a number of Decree No. 52/2010/ND-CP dated May 17, 2010 of the Government on the import of fishing vessels

1. Article 4 is amended as follows:

“ Article 4. Conditions for the imported fishing vessel

1. Having legal origin.

2. Being steel hull boat with the total capacity of the main engine from 400 CV or more.

3. The age of the boat not exceeding eight (08) years (from the year of new building to the time of import); the main engine of the ship (from the year of manufacture to the time of import) not exceeding two (02) years compared with boat age (for used fishing vessel).

4. Having been registered by the Vietnam Fishing Vessel Registration Agency before sending the vessel to Vietnam (for used fishing vessel).

These conditions do not apply for the case the fishing vessels are aided by the foreign Government, organizations and individuals to Vietnam

2. Annulling the Article 5 and Article 6.

3. Article 7 is amended as follows:

“Article 7. Order and procedure for import of fishing vessel.

1. The organizations and individuals that import the fishing vessels must have the application for import ( under the form as prescribed in Annex I issued together with the Decree No. 52/2010/ND-CP) enclosed with the dossier sent to the Service of Agriculture and rural Development where the head office or representative office of the organizations is located or where the individuals requesting the import have the permanent residence, In case the dossiers are not complete as prescribed, within one (01) working day, the Service of Agriculture and rural Development must notify the organizations and individuals that request the import of the fishing vessel to supplement their dossiers.

2. Within three (03) working days from the date of fully receiving the dossier as prescribed, the Service of Agriculture and rural Development must give its opinions and transfer the entire dossier to the General Directorate of Fisheries.

3. After (05) five working days from the date of receiving the dossier as prescribed, the General Directorate of Fisheries will consider and give a written permission for the import of fishing vessel ( under the form as prescribed in the Annex VI issued together with this Decree.) In case not permitting the import of the fishing vessel, within a period of (03) three working days, from the date of receiving the dossier as prescribed, the General Directorate of Fisheries will reply in writing and specify the reason.

4. The written permission for the import of the fishing vessel shall be sent to the organizations and individuals requesting the the import of the fishing vessel, at the same time to the agencies concerned:.  The Service of Agriculture and rural Development where the fishing vessel owner register permanent residence, the Ministry of National Defence (the High Command of Border Guard), the Ministry of Finance, the General Department of Customs.”

4. Clause 4, Article 12 is amended as follows:

“Article 12. Registration of imported fishing vessel

4. Issueing the Certificate of fishing vessel registration,

Within three (03) working days from the date of fully receiving the dossier as prescribed, the fishing vessel registration agency will issue the Certificate of fishing vessel registration and enter the Book of Vietnam fishing vessel registration.

In case the dossier is not complete as prescribed, the fishing vessel registration agency must notify the organizations and individuals that make the import within two (02) working days from the receipt of dossier for supplementation.”

5. Article 13 is amended as follows:

“Article 13. Dossier of non-term fishing vessel registration

1. The organizations and individuals submit one (01) set of dossier of fishing vessel registration at the fishing vessel registration agency where the organizations and individuals locate their head offices or register permanent residence;

a) The declaration of fishing vessel registration under the form as prescribed in the Annex II issued together with the Decree No. 52/2010/ND-CP;

b) The written permission for the import of fishing vessel of the competent agencies (the certified copy);

c) The certificate of deregistration (the original), together with Vietnamese translations (certified copies) for the used fishing vessels;

d) The customs declaration with the certification of the completion of customs procedures ( the certified copy);

dd) The receipt of payment of taxes as prescribed by Vietnamese Law ( the certified copy);

e) The photo of the imported fishing vessel (02 color photos, size 9 x 12), taken in the direction along the sides of the vessel.

2. The dossier presented at the fishing vessel registration agency includes: The factory dossier of the shipbuilding establishment for the newly-built fishing vessel”

6. Article 15 is amended as follows:

“Article 15. The competence for decision on fishing vessel import

The General Directorate of Fisheries and the Ministry of Agriculture and rural Development are the competent agencies to decide on the import of the fishing vessel”

7. Article 16 is amended as follows:

“Article 16. The competence for registration of imported fishing vessel

The provincial People's Committees shall organize the registration of fishing vessels and register the seaman crew for the imported fishing vessels, aggregate and statistic the imported fishing vessels at the localies and periodically make reports to the General Directorate of Fisheries and the Ministry of Agriculture and rural Development. "

Article 6. Implementation provision

1. This Decree takes effect on August 10, 2012

2. This Decree annuls the articles and clause of the following Decrees:

a) Clause 1, 2, 3 and 4, Article 6 and 7 of the Decree No. 59/2005/ND-CP dated May 04, 2005 of the Government on the conditions of production and trading of a number of aquatic sectors;

b) Clause 5 and Clause 6, Article 1 of the Decree No. 14/2009/ND-CP dated February 13, 2009 of the Government amending and supplementing a number of Articles of the Decree No. 59/2005/ND-CP dated May 04, 2005 of the Government on the conditions of production and trading of a number of aquatic sectors;

c) Article 6 and 7 and Annex I of Decree No. 33/2010/ND-CP dated March 31, 2010 of the Government on the management of aquatic products of the Vietnamese organizations and individuals in the sea waters;

d) Clause 2, Article 3, Clause 3, Article 4, 5, 8 and 11, Clause 9, Article 13 of Annex I and II of the Decree No. 32/2010/ND-CP dated March 30, 2010 of the Government concerning the management of aquatic operation of the foreign fishing vessels in Vietnam’s sea waters;

dd) Article 4, 5, 6 and 7, Clause 4, Article 12, 13, 15 and 16 of the Decree No. 52/2010/ND-CP date May 17, 2010 of the Government concerning the import of fishing vessel.

Article 7. Repsonsibilities for implementation organization

1. The Ministry of Agriculture and rural Development will preside over and coordinate with the Ministries and sectors concerned to organize the implementation of this Decree.

2. The Ministers and Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmans of the People’s Committees of centrally-run provinces a-In a demo version, MT is only available for two segments per session.cities are liable to execute this Decree

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

ANNEX I

APPLICATION FOR RE-ISSUANCE OF THE LICENSE OF AQUATIC EXPLOITATION
(Issued together with the Decree No. 53/2012/ND-CP dated June 20, 2012 of the Government)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

…….., date … month … year……..

APPLICATION FOR THE RE-ISSUANCE OF THE LICENSE OF AQUATIC EXPLOITATION

To: …………………………………………………………

Vessel owner: ………………………………… Tel: .....................................................................

Permanent residence: ............................................................................................................

ID No.:..................................................................................................................................

Contact frequency of the ship station (if any): …………………… Date of issue: ...........................

Place of issue: ......................................................................................................................

License of aquatic exploitation issued No.:  .............................................................................
on date ……………. month ……….year …………….; expired on date ….. month ….. year………

The above license has been (specify the reason for the change or re-issuance): ..........................

............................................................................................................................................

............................................................................................................................................

To kindly request the state management agency on the exploitation and protection of aquatic resources to change/re-issue the License of aquatic exploitation in order for my vessel to be allowed to operate the aquatic exploitation.

I undertake that I will use my vessel for the purpose of aquatic exploitation in conformity with the contents specified in the License that has been changed/re-issued and comply with the regulations of the law.

 

 

APPLICANT
(Vessel owner)

 

ANNEX II

APPLICATION FOR THE RECEIVING OF SUBMITTED PAPERS
(Issued together with the Decree No. 53/2012/ND-CP dated June 20, 2012 of the Government)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------------------------

…….., date … month … year……..

APPLICATION FOR RECEIVING BACK THE SUBMITTED PAPERS

I am: ....................................................................................................................................

Address/working place: ..........................................................................................................

............................................................................................................................................

ID No. ( or Passport No.): .............................................................. Issue place: ………………..

Issue date: ...........................................................................................................................

Tel: …………………….. Fax: …………………. Email: ...............................................................

The owner of the fishing vessel with the registration No.: ...........................................................

Date …../…../………….. I was licensed to my vessel by the General Directorate of Fisheries for the exploitation of aquatic products in the sea waters of  ............................................................................ License No. :

............................................................................................................................................

I have submitted the following papers:

1. .........................................................................................................................................

2. .........................................................................................................................................

............................................................................................................................................

Now I would like to receive back the papers submitted to the General Directorate of Fisheries  .

Sincerely yours

 

 

APPLICANT
(Signature and full name)

 

ANNEX III

DIVISION OF ZONE AND ROUTE FOR EXPLOITATION OF AQUATIC PRODUCTS IN VIETNAM’S SEA WATERS
(Issued together with the Decree No. 53/2012/ND-CP dated June 20, 2012 of the Government)

 

ANNEX IV

FORM OF LICENSE FOR THE OPERATION OF AQUATIC PRODUCTS FOR THE FOREIGN FISHING VESSEL
(Issued together with the Decree No. 53/2012/ND-CP dated June 20, 2012 of the Government)

MINISTRY OF AGRICULTURE
AND RURAL DEVELOPMENT
GENERAL DIRECTORATE OF FISHERIES
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Number: ………….

 

 

LICENSE OF AQUATIC OPERATION

DIRECTOR GENERAL OF GENERAL DIRECTORATE OF FISHERIES LICENSES:

Name of vessel:

Nationality:

Registration number:

Registry place:

Lmax (m):
Length overall   ………………

 Bmax (m):
Breadth             ……………..

H (m):
Depth           ………………..

……………..
Total tonnage   /Ton

Main engine power

 

………….

/Hp

Main engine model


Vessel owner:

 


Number of seaman:


Contact frequency:


Radio call:


Representative of Vietnam:

 

Address:

 


To carry out aquatic operations in the sea waters of the Socialist Republic of Vietnam subject to the following conditions:

1. The vessel used for the purpose

 

2. Kind of Fishery

 

3. Operation area

 

4. Place for doing entry visa procedure

Port registered

 

5. The validity of the license will be expire on

 

PROHIBITED OPERATIONS

1. Marine species not allowed to catch

 

2. The use of explosives, electro magnets and toxic substance for aquatic exploitation is prohibited

3. Causing environmental pollution

4. Sales/trading of aquatic product at sea in any form

 

…….., date … month … year……..

 

SOME STIPULATIONS FOR LICENSED VESSELS

1. Carry out fishing operation in accordance with the registered fishery and exploit marine species in sea areas and within the duration which have been defined in the license.

2. The vessel has to bear clear signs just as they have been notified to the Vietnamese authority and all necessary papers requested to be available on vessel:

- The license of aquatic operation is issued by Department of Exploitation and Protection of Aquatic Resources, Ministry of Agriculture and Rural Development

- Registration Certificate;

- Inspection Certificate;

- Indentity papers of officers and seamen;

- Other papers as defined in the Vietnam Maritime Law as well as the papers relating to the aquatic operations in theVietnam’s sea waters.

3. Receiving Vietnam’s Supervisors on the board of vessel according to the Decision by Department of Exploitation and Protection of Aquatic Resources and ensure good living and working conditions for them as other officers on board.

4. Making periodical report as prescribed

5. Strictly observing the Law of the Socialist Republic Of Vietnam and create favourable conditions for Vietnam’s Authorities to execute their controlling and inspecting duties.

 

ANNEX V

FORM OF LICENSE EXTENSION FOR FOREIGN FISHING VESSELS
(Issued together with the Decree No. 53/2012/ND-CP dated June 20, 2012 of the Government)

MINISTRY OF AGRICULTURE
AND RURAL DEVELOPMENT
GENERAL DIRECTORATE OF FISHERIES
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Extended licence number:
/Time: ………

 

 

LICENSE EXTENSION FOR FISHERIES OPERATIONS

DIRECTOR GENERAL OF GENERAL DIRECTORATE OF FISHERIES LICENSES:

Name of vessel

 

Nationality

 

License number

 

Regstration number of vessel

 

Registration place of vessel

 

To continiue operating in the sea waters of the Socialist Republic of Vietnam until …………… In accordance with the contents defined in the license.

 

 

Date …… month ….. year……..
License issuing officer
(Signature and seal)

 

ANNEX VI

FORM OF DECISION ON PERMISSION FOR IMPORT OF FISHING VESSEL
(Issued together with the Decree No. 53/2012/ND-CP dated June 20, 2012 of the Government)

MINISTRY OF AGRICULTURE
AND RURAL DEVELOPMENT
GENERAL DIRECTORATE OF FISHERIES
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Số:       /QĐ-BNN-TCTS

Ha Noi,  date …… month ….. year……..

 

DECISION

With respect to import of fishing vessel

DIRECTOR GENERAL OF THE GENERAL DIRECTORATE OF FISHERIES

Pursuant to Decree No. 01/2008/ND-CP dated May 03, 2008 01 of the Government regulating the functions, duties, powers and organizational structure of the Ministry of Agriculture and Rural Development, the Decree No. 75 / 2009/ND-CP September 10, 2009 of the Government amending the Article 3 of the Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government regulating the functions, duties, authority and organization of the Ministry of Agriculture and rural Development;

Pursuant to Decree No. 52/2010/ND-CP dated March 15, 2010 by the Government on the import of fishing vessels;

Pursuant to the planning for development of fishing vessel of the aquatic sector;

Considering the application for the import of fishing vessel of (organizations and individuals):….

At the proposal of the Director General Of The General Directorate Of Fisheries

DECIDES:

To permit (organizations and individuals) ........................  … to import the following fishing vessel:

Vessel name: .......................................................................................................................

Material: ...............................................................................................................................

Type of vessel: ......................................................................................................................

Utility: ..................................................................................................................................

Year and place of building ......................................................................................................

BASIC TECHNICAL PARAMETERS OF FISHING VESSEL:

 Max lenghth……………          Design length ...........................................................................

 Max breadth ………….           Design broad ...........................................................................

Draught …………………..       Depth .......................................................................................

Number of engines ………………………       Total capacity .......................................................

Type of engine

Number of engine

Capacity

Year of building

 

 

 

 

 

 

 

 

 

 

Director General

 

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Thuộc tính Văn bản pháp luật 53/2012/ND-CP

Loại văn bảnNghị định
Số hiệu53/2012/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành20/06/2012
Ngày hiệu lực10/08/2012
Ngày công báo...
Số công báo
Lĩnh vựcTài nguyên - Môi trường
Tình trạng hiệu lựcHết hiệu lực 25/04/2019
Cập nhật2 năm trước
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Lược đồ Decree No. 53/2012/ND-CP amending and supplementing a number of articles of the


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          Decree No. 53/2012/ND-CP amending and supplementing a number of articles of the
          Loại văn bảnNghị định
          Số hiệu53/2012/ND-CP
          Cơ quan ban hànhChính phủ
          Người kýNguyễn Tấn Dũng
          Ngày ban hành20/06/2012
          Ngày hiệu lực10/08/2012
          Ngày công báo...
          Số công báo
          Lĩnh vựcTài nguyên - Môi trường
          Tình trạng hiệu lựcHết hiệu lực 25/04/2019
          Cập nhật2 năm trước

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                Văn bản gốc Decree No. 53/2012/ND-CP amending and supplementing a number of articles of the

                Lịch sử hiệu lực Decree No. 53/2012/ND-CP amending and supplementing a number of articles of the