Nghị định 80/2012/ND-CP

DECREE

ON THE MANAGEMENT OF FISHING PORTS AND SHELTERING HARBORS FOR FISHING VESSELS

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

Pursuant to the Law on Aquatic products dated December 25, 2001;

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

The Government promulgates a Decree on the management of fishing ports and sheltering harbors for fishing vessels.

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the management of fishing ports and sheltering harbors for fishing vessels; responsibilities of agencies, organizations, and individuals working in fishing ports and sheltering harbors for fishing vessels.

2. This Decree is applicable to Vietnamese organizations and individuals and foreign organizations and individuals doing activities related to fishing ports and sheltering harbors for fishing vessels in Vietnam. In case an International Agreement to which the Socialist Republic of Vietnam is a signatory prescribes otherwise, such International Agreement shall apply.

Article 2. Principles of building fishing ports and sheltering harbors for fishing vessels

1. The building of fishing ports and sheltering harbors for fishing vessels in Vietnam must in conformity with the development plannings of the fishing ports and sheltering harbors for fishing vessels in Vietnam that have been approved by the Prime Minister; suitable for the natural and geographical conditions of each region; satisfy the technical regulations and standards of building fishing ports and sheltering harbors for fishing vessels in Vietnam, consider the impact of climate change and sea level rise.

2. Vietnamese organizations and individuals and foreign organizations and individuals investing in the construction and engaged in the management of fishing ports  as prescribed in this Decree and relevant law provisions.

Chapter 1.

GENERAL PROVISIONS

Article 3. Prohibited acts in fishing ports and sheltering harbors for fishing vessels

1. Destructing, dismantling and damaging the constructions and equipment of fishing ports and sheltering harbors for fishing vessels.

2. Infringing the safety perimeter of constructions in fishing ports and sheltering harbors for fishing vessels.

3. Discharging waste oils, contaminants, toxicants, sewage, garbage, and waste at the wrong place.

4. Obstructing the management, use, and security of fishing ports and sheltering harbors for fishing vessels.

5. Controlling fishing vessels and other vehicles incorrectly that affect the constructions in fishing ports and sheltering harbors for fishing vessels.

6. Other acts as prescribed by law.

Chapter 2.

THE MANAGEMENT AND USE OF FISHING PORTS

Article 4. Classification of fishing ports

Fishing ports are classified as follows:

1. Fishing ports in class I: are fishing ports that satisfy the following conditions:

a) The fishing port is built at big estuaries, gulfs, or islands; approached by fishing vessels from many regions, including foreign fishing vessels, to load and unload aquatic products, and do other fishing activities; a distribution base of aquatic products in the area, or attached to a local fishing logistics center or a local fish market;

b) The primary cargo-handling equipment of the port is completely mechanized;

c) The land area of the fishing port must be at least 04 hectares (or 01 hectare, applicable to fishing ports on islands); having fishing logistics centers, working buildings, and ancillary constructions that comply with provisions on environment protection, food safety, fire and explosion prevention in the port;

d) The designed quantity of aquatic goods passing the port is at least 15,000 tonnes per year (or 3,000 tonnes per year, applicable to fishing ports on islands).

2. Fishing ports in class II: are fishing ports that satisfy the following conditions:

a) The fishing port is built at estuaries, mouths of coastal channels, straits, and lagoons; approached by local fishing vessels, and fishing vessels from adjacent provinces, to load and unload aquatic products, and do other fishing activities; a distribution base of aquatic products, attached to a local fishing logistics center;

b) Some of the cargo-handling equipment of the port is mechanized;

c) The land area of the fishing port must be at least 2,5 hectares (or 0,5 hectare, applicable to fishing ports on islands); having fishing logistics centers, working buildings, and ancillary constructions that comply with provisions on environment protection, food safety, fire and explosion prevention in the port;

d) The designed quantity of aquatic goods passing the port is at least 7,000 tonnes per year (or 1,000 tonnes per year, applicable to fishing ports on islands).

Article 5. The management of fishing ports

1. The management boards of fishing ports invested by the State or the State budget Article public non-business units or enterprises as prescribed by law. The management board and the Director of a fishing port is appointed by a competent agency.

2. The management boards of fishing ports invested by organizations and individuals are enterprises as prescribed by law. The management board and the Director of a fishing port is appointed by the investor.

Article 6. Condition for opening and closing fishing ports

1. Condition for opening fishing ports:

a) The fishing port and navigable channels have been accepted and put into use as prescribed by law provisions on construction and transportation;

b) The Management board of the fishing port is established;

c) The plan for using the fishing port has been approved by a provincial agency in charge of aquatic product management.

2. Condition for closing fishing ports:

The fishing port is closed in one of the following cases:

a) The topographical or hydrographical conditions are fluctuating and not safe for the activities of the fishing port;

b) Constructions in the fishing port deteriorate that do not ensure the safety conditions as prescribed;

c) The operation of the management board of the fishing port is suspended or terminated as prescribed by law.

Article 7. Procedures for announcing the opening of a fishing port

1. After completing the construction of upgrade of the fishing port, the management board of the fishing port shall send a dossier to request competent agencies to announce the opening of the fishing port.

A dossier include:

a) The application for announcing the opening of the fishing port (under the form in Annex I);

b) The written permission to invest in building the fishing port (authenticated copy);

c) The regulation on and plan for using the fishing port (photocopy);

d) The Decision on establishing the Management board of the fishing port (photocopy);

dd) The written acceptance of the completed and operating fishing port constructions, enclosed with the as-built drawing (authenticated copy);

e) The nautical notification of the channels of the port and the water area in front of the wharf;

g) The written certification of the implementation of the contents in the report and the requirements of the decision on approving the report on impacts on the environment (authenticated copy);

h) The written acceptance about fire prevention and fighting (authenticated copy).

2. Within 07 working days as from receiving the complete dossier as prescribed, the competent agency must consider and announce the opening of the fishing port. The refusal to announce the opening of the fishing port must be notified and explained in writing.

3. The agency competent to announce the opening of the fishing port is responsible for announcing the decision on opening the fishing port on central and local means of mass media.

Article 8. Procedures for announcing the closing of a fishing port

1. The Director of the fishing port or its investor applies for closing the fishing port (under the form in Annex II), or relevant organizations and individuals send written requests to competent State agencies.

2. Within 07 working days as from receiving the request, the competent agency must consider and reply the requester in writing.

3. The agency competent to announce the opening of the fishing port is responsible for announcing the decision on opening the fishing port on central and local means of mass media.

Article 9. Agencies competent to announce the opening and closing of fishing ports

1. The Minister of Agriculture and Rural development shall announce the opening of fishing ports in class I.

2. Provincial People’s Committees shall announce the opening of fishing ports in class II.

3. The agency competent to announce the opening of a fishing port is also competent to announce its closing.

Article 10. Content of the announcement about the opening of a fishing port

1. Name and kinds of the fishing port;

2. The address and coordinates of the fishing port;

3. The entrance of the channel, the depth and with of the navigable channel;

4. The depth of the anchorage area, the length of the wharf;

5. The size of the biggest ship that may enter the port;

6. The loading capacity and fishing services of the fishing port;

7. The commencement date of the fishing port.

Article 11. Content of the announcement about the closing of a fishing port

1. Name and kinds of the fishing port;

2. The address and coordinates of the fishing port;

3. The reasons for closing the fishing port;

4. The closing date of the fishing port.

Article 12. Provisions on Vietnamese fishing vessels entering and leaving fishing ports

1. Before entering a fishing port, the captain or helmsman of the fishing vessel must notify the management board of the fishing port at least 01 year in advance of the size and kind of the vessel, the services needed, and other requirements (if any).

2. When entering a fishing port, the captain of helmsman of the fishing vessel must comply with the control of the management board and regulation of the fishing port.

3. When leaving, the captain or helmsman must notify the management board of the fishing port in advance.

Article 13. Provisions on foreign fishing vessels entering and leaving fishing ports

1. Foreign fishing vessels may only enter the fishing ports stated in the fishing license.

2. Before entering a fishing port, the captain of the fishing vessel must notify the management board of the fishing port by radio (or by other means of communication) at least 24 year in advance of the name, call sign, registration number, size and kind of the vessel, the services needed, and other requirements (if any).

3. When entering a fishing port, the captain of the fishing vessel must comply with the control of the management board and regulation of the fishing port; declare the number of sailors on the vessel, and present the following papers:

a) The crew directory and passports of people aboard;

b) The fishing license;

c) The journal of the use, or the report on the operation of the fishing vessel as prescribed.

4. The captain and other people aboard must comply with Vietnam’s law provisions on immigration, customs, quarantine, and other relevant provisions.

5. Before leaving, the captain of the fishing vessel must notify the leaving time to the management board of the fishing port at least 24 hours in advance.

6. For vessels entering a fishing vessels inevitably, right after docking, the captain or the helmsman must:

a) Notify the management board of the fishing port of the status of the vessel and people aboard; prove the inevitable incident, and specify the request for help;

b) Comply with Clause 3, 4, and 5 this Article.

Article 14. Responsibility and authority of the management board of a fishing port

1. Making and posting the regulation of the fishing port.

2. Planning and organizing the maintenance of the safety conditions of constructions in the fishing port in accordance with the announcement about its opening.

3. Organizing the staff to take care of the security, environment protection, and fire prevention and fighting within the fishing port; regularly providing information about the weather on the radio system of the port; resolving the consequences of accidents and environment pollution on the post, finding the origins of extracted aquatic products upon the request of organizations and individuals.

4. Complying with the reporting regime as prescribed by competent agencies.

5. Cooperating with the Nautical safety agency in notifying the status of channels, marking buoys, and the safety of wharves and docks for fishing vessels to enter and leave the fishing port. Cooperating with specialized inspectors in the port management, and cooperating with State agencies at their request.

6. Upon the occurrence of storms and tropical depressions:

a) Organize watches and put up the signs warning the storm or tropical depression as prescribed.

b) Notify the weather progress via the radio system of the port so that every one can actively protect themselves.

c) Notify the list of fishing vessels and the number of people on the vessels anchoring in the port area to the local Committee of storm and flood prevention and rescue.

7. Comply with the inspection, supervision, and settlement of competent agencies in charge of security, food safety, and environment protection within the fishing port and other relevant sectors.

8. When a foreign vessel enters, the management board of the fishing port must immediately notify the local functional agency to manage in cooperation.

9. The management board of a fishing port is entitled to:

a) Leasing the infrastructures to other organizations and individuals to produce or provide fishing services, in accordance with the approved plan for using the fishing port and law provisions;

b) Refuse or compel the people and fishing vessels that do not comply with the regulation of the fishing port to leave;

c) Refuse the lease, or compel the organizations and individuals producing or providing services within the port land that do not comply with the regulation of the fishing port or the concluded contracts to leave;

d) Charge the services in the port as prescribed by law.

dd) Handle, or request local functional agencies to handle the cases in order to ensure the security, food safety, and environment protection within the fising port area.

Article 15. Fishing logistics services in fishing ports

1. The organizations and individuals providing fishing logistics services must sign contracts to rent infrastructures on the port land with the management board of the fishing port; pay fees and charges as prescribed by law; comply with the regulation of the fishing port, relevant law provisions, and the control of the management board when necessary.

2. Depending on each service, the fishing logistics service provider must satisfy the production and business conditions as prescribed by law, and satisfy the requirements for environment protection, food safety, and fire and explosion prevention.

3. The organizations and individuals providing fishing logistics services must cooperate with the management board of the fishing port in ensuring the social security and order, environment protection, and fire and explosion prevention in the fishing port area.

Article 16. Charges for using the fishing port

1. Complying with current law provisions on fees and charges.

2. The charged subjects, charge bracket, the regime for collecting, paying, and managing the fishing port charge are decided by People’s Councils of central-affiliated cities and provinces, in accordance with the guidance from the Ministry of Finance.

Chapter 3.

SHELTERING HARBORS FOR FISHING VESSELS

Article 17. The management of sheltering harbors

1. While being used as a shelter from the storm for fishing vessels, the harbor is managed by the local Committee of storm and flood prevention and rescue.

2. While not being used as a shelter from the storm, depending on the particular situation, the management and use of the sheltering harbor as a fishing port are prescribed as follows:

a) The sheltering harbors that fall within the water area under the management of the fishing port shall be managed and used by the management board of the fishing port;

b) The provincial People’s Committee shall appoint a suitable organization to manage and use other sheltering harbor;

c) The fees may be charged as prescribed in Article 16 of this Decree.

3. The organizations and individuals appointed to manage and use the sheltering harbor for fishing vessels must plan and use the State budget to manage and maintain the constructions.

Article 18. Provisions on fishing vessels anchoring in the sheltering harbor

1. During a storm or tropical depression, fishing vessels and other kinds of vessels may take shelter without being charged.

2. When entering the harbor, the captain or the helmsman of the fishing vessel must comply with the control and instruction of the Committee of storm and flooding prevention and rescue.

3. When the fishing vessel is safely anchored, its captain or helmsman must notify the Committee of the name, registration number, status of the ship, the number of people aboard, and other requirements (if any).

4. The fishing vessel may only leave the shelter after the storm or tropical depression is declared over, or under the order from the Committee of storm and flooding prevention and rescue.

Article 19. Announcing the List of  sheltering harbors for fishing vessels

1. Authority to announce and time of announcement

Before April 01 every year, the Minister of Agriculture and Rural development shall announce the list of sheltering harbors for fishing vessels nationwide.

2. Content of announcement

a) Name and kind of sheltering harbors for fishing vessels;

b) Addresses and coordinates of sheltering harbors for fishing vessels;

c) The depth of the anchoring water;

d) The capacity of the anchoring water;

dd) The size and kinds of fishing vessels allowed to enter sheltering harbors for fishing vessels;

e) The entrance, direction, and length of the channel;

g) The phone number and frequency of local the Standing Committee of flood and storm prevention and rescue.

3. Forms of announcement:

a) Sent in writing to People’s Committees of coastal provinces and cities;

b) Announced on means of mass media.

Chapter 4.

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 20. The State management of fishing ports and sheltering harbors

1. Formulating and implementing the plans and policies on the development of fishing ports and habors for fishing vessels.

2. Announcing the opening and closing of fishing ports, announcing the list of sheltering hatbors for fishing vessels.

3. Promulgating technical regulations and standards of fishing ports and sheltering harbors for fishing vessels; the sample regulation on the management of fishing ports and sheltering harbors for fishing vessels.

4. Inspecting the adherence to law provisions on the safety of constructions, environment protection, food safety, fire and explosion prevention, and relevant law provisions, of fishing ports and sheltering harbors for fishing vessels

5. Disseminating and providing training in the management of fishing ports and sheltering harbors for fishing vessels, professional skills and knowledge about safety for managers, employees, and fishermen in coastal localities.

Article 21. Responsibilities of the Minister of Agriculture and Rural development

1. Unifying the management of fishing ports and sheltering harbors for fishing vessels nationwide.

2. Organizing the announcement of the opening and closing of fishing ports under their management; announcing the list of sheltering harbors for fishing vessels nationwide.

3. Guiding and inspecting the operation of fishing ports and sheltering harbors for fishing vessels nationwide.

4. Promulgating technical regulations and standards of fishing ports and sheltering harbors for fishing vessels; building the system of database and info about the management of fishing ports and sheltering harbors for fishing vessels nationwide.

5. Disseminating and providing training in the managerial skills for managers  of fishing ports and sheltering harbors for fishing vessels, professional skills and knowledge about safety for fishermen in coastal localities.

6. Promulgating the sample regulation on the management of fishing ports and sheltering harbors for fishing vessels, the forms of papers used in the management of fishing ports and sheltering harbors for fishing vessels as prescribed.

Article 22. Responsibilities of People’s Committees of coastal central-affiliated cities and provinces

1. Directing functional agencies to manage, instruct, and inspect the operation of local fishing ports and sheltering harbors.

2. Announcing the opening and closing of fishing ports, announcing the list of sheltering harbors for fishing vessels under their management.

3. Instructing the law provisions on investment and management of fishing ports and sheltering harbors for fishing vessels; formulating a plan for protecting, maintaining, and upgrading the infrastructure of fishing ports and sheltering harbors; formulating regulations on the operation of fishing ports and sheltering harbors for fishing vessels.

4. Directing functional agencies to formulate a cooperating mechanism among the relevant sectors and level in the locality in ensuring the security, food safety, and environment protection, and fire and explosion prevention within the fishing ports and sheltering harbors for fishing vessels.

5. Specifying the charged subjects, rate of charge and payment fishing ports and services therein; allocating local budget to build and maintain the constructions invested by the State budget and the management board of the fishing port or sheltering harbor for fishing vessels being non-business units; allocating land for building fishing ports and sheltering harbors for fishing vessels under the planning.

6. Based on this Decree and the particular situation, People’s Committees of coastal central-affiliated cities and provinces shall promulgate regulations on building and managing local fishing ports, ensuring the capital mobilization and participation in the management from  economic sectors and the community.

Article 23. Responsibilities of relevant Ministries and sectors

The Ministry of Transport, the Ministry of Public Security, the Ministry of Construction, and relevant Ministries and sectors, within their delegated duties and functions, must cooperate with the Ministry of Agriculture and Rural development and People’s Committees of coastal central-affiliated cities and provinces in guiding the nautical safety, waterway traffic, security and order in fishing ports and sheltering harbors for fishing vessels; directing and guiding affiliated functional agencies to cooperate in inspecting and handling acts of violations as prescribed by law; guiding localities to set the fees and charges, and the regime for collecting, managing, and using fees and charges of the fishing ports.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 24. Effects

1. This Decree takes effect on December 01, 2012.

2. For fishing ports and sheltering harbors that started before this Circular takes effect are exempted from carrying out the procedures for announcing the opening of fishing ports and sheltering harbors.

Article 25. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of coastal central-affiliated cities and provinces are responsible for implementing this Decree./.