“Hello Lawyer, can you tell me about the fishing vessels that are allowed to operate in all waters of Vietnam?. I would like to sincerely thank the lawyer who answered for me.”. Thank you for sending us your question. Due to the long coastline and the abundant aquatic resources endowed by nature, the number of fishing boats in Vietnam is countless. So, according to the law, are fishing vessels allowed to operate in all Vietnamese waters? To answer the question of whether fishing boats are allowed to operate in all Vietnamese waters? Today, LSX Lawfirm will give you an article about “Are fishing vessels allowed to operate in all Vietnamese waters?“, as follows:
Legal grounds
- Fisheries Law 2017
- Decree 26/2019/ND-CP
State policy in fisheries activities in Vietnam
According to Article 6 of the Law on Fisheries 2017, the State’s policies in fisheries activities are as follows:
The State has investment policies for the following activities
Research, investigate, evaluate, protect and regenerate aquatic resources and restore aquatic ecosystems; preserve original varieties of indigenous and endemic aquatic species with economic value, endangered, precious, and rare aquatic species;
Construction of fishing ports of class I and class II, anchorage and storm shelter for fishing vessels; essential infrastructure items of marine protected areas; infrastructure of concentrated aquaculture areas and concentrated aquatic seed production areas;
Building a system to monitor and supervise the activities of fishing vessels at sea; information system, a national database on fisheries; environmental monitoring and warning system, disease in aquaculture.
In each period and budget capacity, the State shall support the following activities
To develop science and technology, in which priority is given to high technology, advanced technology, and new technology in the field of aquatic breeding; production of national aquatic products, key aquatic products; production of aqua feed, products for the environmental treatment of aquaculture; technology for processing by-products into food or as raw materials for other economic sectors;
Human resource development, vocational training in fisheries activities;
Implement co-management in the protection of aquatic resources;
Build a large fishery center;
Buy insurance for aquaculture on seas and islands; crew insurance; insurance for hulls and equipment for fishing vessels exploiting aquatic products at sea from the high seas outwards;
Developing fisheries activities from offshore areas; restoring production when there are environmental incidents, natural disasters, and epidemics; supporting fishermen during the period of ban on fishing, changing jobs in order to reduce the intensity of inshore fishing;
Building national product brands, promoting trade, and developing markets for consuming aquatic products.
The State encourages domestic and foreign organizations and individuals to invest in the activities specified in Clauses 1 and 2, Article 6, and the following activities
Organizing production according to value chains, linkage, and cooperation models;
Invest in advanced technology in seafood processing to increase the added value of products and reduce post-harvest losses; building seafood wholesale markets, promoting brand names of aquatic products;
Investing in marine aquaculture; organic aquaculture;
Applying the quality management system in the production and trading of aquatic products; traceability of seafood.
Regulations on ships catching aquatic resources
According to the provisions of Clause 20, Article 3 of the 2017 Fisheries Law, fishing vessels are as follows: Fishing vessels are watercraft with or without engines, including fishing vessels for fishing resources and fishing logistics vessels. aquatic resources.
According to Article 73 of the Fisheries Law 2017, the rights and obligations of fishing vessel owners are as follows:
- Firstly, Select a registration facility that is qualified to register fishing vessels.
- Secondly, Comply with regulations on the registration of fishing vessels.
- Thirdly, Ensure working conditions, living conditions, safety, a labor regime, lawful rights, and interests of seafarers and people working on fishing vessels.
– Arrange crew members according to the minimum safe manning of fishing vessels as prescribed by the Minister of Agriculture and Rural Development.
– Buy accident insurance and other compulsory insurances for crew members and people working on fishing vessels according to regulations. Paying necessary living and travel expenses for repatriation of crew members and persons working on board in case the master requests to leave the fishing vessel.
– Take responsibility in case fishing vessels violate regulations on illegal fishing.
Regulations on the registration of fishing vessels of aquatic resources in Vietnam
According to the provisions of Article 71 of the Fisheries Law 2017, the registration of fishing vessels is as follows:
A fishing vessel with a maximum length of 06 meters or more must be registered in the national register of fishing vessels and issued with a certificate of registration of fishing vessels according to regulations. Fishing vessels with the longest length of fewer than 06 meters shall be counted by the commune-level People’s Committees for management purposes.
- The duration of the certificate of registration of fishing vessels is prescribed as follows:
A certificate of registration of a fishing vessel shall granted indefinitely to a fishing vessel built, converted, imported, purchased, sold, donated, or given as aid;
The certificate of registration of a fishing vessel issued with a term equal to the lease term in the case of a bareboat charter.
A fishing vessel granted a certificate of registration of a fishing vessel when it meets the following conditions:
Firstly, Having papers proving legal ownership of fishing vessels;
Secondly, Having a certificate of technical safety for fishing vessels, for fishing vessels that required to registered;
Thirdly, Have a certificate of suspension of registration of fishing vessels in case of the bareboat charter; certificate of deregistration of fishing vessels in case of import, purchase, sale, donation, or transfer to a province or centrally run city;
The owner of the fishing vessel has its head office or permanent residence in Vietnam.
- Provincial People’s Committees shall grant registration of fishing vessels in the locality.
– The Minister of Agriculture and Rural Development shall prescribe the order and procedures for the registration and de-registration of fishing vessels.
Regulations on deregistration of fishing vessels of aquatic resources in Vietnam
According to the provisions of Article 72 of the Fisheries Law 2017 on the deregistration of fishing vessels as follows:
A fishing vessel deregistered in one of the following cases:
The fishing vessel destroyed, destroyed, or sunk beyond recovery;
The fishing vessel is missing after 1 year from the date of the official announcement on the mass media;
Fishing vessels may exported, sold, donated, or given as aid;
At the request of the fishing boat owner.
– Upon deregistration, the registration authority revokes the certificate of registration of fishing vessels, deletes the name of the fishing vessel from the national fishing vessel register, and issues a certificate of deregistration of fishing vessels to the ship owner.
Are fishing vessels allowed to operate in all Vietnamese waters?
According to the provisions of Article 43 of Decree 26/2019/ND-CP, regulations on the management of fishing vessels’ activities in Vietnamese waters are as follows:
For ships catching aquatic resources:
Firstly, Vessels with a maximum length of 15 meters or more operating on the high seas, not operating in the coastal and inland areas;
Secondly, Vessels with a maximum length from 12 meters to less than 15 meters operating in the floodplain, not operating in the high seas and coastal areas;
Thirdly, Vessels with a maximum length of fewer than 12 meters operating in coastal areas not allowed to operate in the inland and offshore areas; Ships registered in any province may only operate in the coastal areas of that province; unless there is an agreement on the operation of fishing vessels in coastal areas by the People’s Committees of the two provinces.
For logistics ships catching aquatic resources:
Firstly, Vessels with a maximum length of 15 meters or more operating in coastal areas, inland areas, and high seas;
Secondly, Vessels with a maximum length from 12 meters to less than 15 meters operating in coastal areas and inundated areas not allowed to operate on high seas;
Thirdly, Vessels with a maximum length of fewer than 12 meters operating in coastal areas not allowed to operate in the inland and offshore areas.
Regulations on flying flags
Vietnamese fishing vessels must hang the national flag of the Socialist Republic of Vietnam (hereinafter referred to as the National Flag for short) at the top of the stern mast; for ships without a stern mast, the national flag shall hung at the top of the main mast;
In case a Vietnamese organization or individual hires a foreign fishing vessel, they must fly the Vietnamese flag as prescribed in Point a, Clause 3.
Thus, through the above regulations, we know that ships catching aquatic resources must base on the maximum length of the ship to determine the range of fishing activities of the ship. Not all fishing vessels allowed to operate in all Vietnamese waters.
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Related questions
– Fishing vessels with the largest length of 12 meters or more must registered, classified, and issued with a certificate of technical safety.
– Newly built or converted fishing vessels specified in Clause 1 of this Article must inspected by the registry for technical safety and quality in accordance with the appraised design documents and issued with documents as prescribed.
– Fishing vessels not specified in Clause 1 of this Article must install equipment to ensure technical safety when operating fishing vessels.
– The Minister of Agriculture and Rural Development shall detail this Article.
Organizations and individuals shall be granted a Certificate of eligibility for registration of fishing vessels when meeting the following conditions:
a) Firstly, Established in accordance with the law;
b) Secondly, Having material foundations, and technical equipment meet requirements;
c) Thirdly, Having a team of surveyors satisfying the requirements;
d) Having an appropriate quality management system
– Provincial-level People’s Committees shall publicize quotas of fishing licenses and the number of newly issued local fishing licenses at sea; grant written approval to build, convert, lease and purchase fishing vessels at sea based on quotas of fishing licenses; develop and publicize specific criteria of the locality and the process of reviewing and approving the application for written approval for the building, converting, leasing or purchasing fishing vessels at sea; regulations on building, converting, leasing and purchasing fishing vessels operating inland under its management,…
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