What are the 05 cases where the patrol orders to stop fishing vessels for inspection in Vietnam? How to recognize the stopping orders of fishing vessels?
What are the 05 cases where the patrol orders to stop fishing vessels for inspection in Vietnam?
Pursuant to the provisions of Article 11 of Circular 18/2022/TT-BNNPTNT of Vietnam, the patrol shall order to stop fishing vessels for inspection in the following 05 cases:
- Violations or signs of violations against fishing and aquatic resource protection laws are detected or recorded directly or via professional equipment.
- Information or notifications on violations against fishing and aquatic resource protection laws from organizations and individuals are received.
- Superior management agencies or competent agencies direct or request the stopping of fishing vessels.
- There are other signs of law violations as prescribed by the law.
- The inspection of compliance with fishing and aquatic resource protection laws is performed.
What are the 05 cases where the patrol orders to stop fishing vessels for inspection in Vietnam? How to recognize the stopping orders of fishing vessels? (Image from the Internet)
How to recognize the stopping orders of fishing vessels in Vietnam?
According to the provisions of Article 12 of Circular 18/2022/TT-BNNPTNT of Vietnam stipulating the stopping orders of fishing vessels in Vietnam as follows:
Stopping orders and organization of fishing vessel approach
1. The leader of the patrol shall, based on one of the cases of stopping fishing vessels prescribed in Article 11 of this Circular, direct and order the stopping of fishing vessels. Stopping orders are shown by one of the following signals: sirens, speakers, lights, flags, communication machines, and other forms as prescribed by the law of Vietnam and international laws.
2. The leader of the patrol shall, based on the actual conditions and situations, decide on the number of inspection teams and their members and the use of vessels to approach and board fishing vessels.
Thus, the leader of the patrol shall, based on one of the cases of stopping fishing vessels, direct and order the stopping of fishing vessels. Stopping orders are shown by one of the following signals: sirens, speakers, lights, flags, communication machines, and other forms as prescribed.
Who has the competence to establish patrols to patrol, inspect and control at sea?
According to the provisions of Clause 1, Article 7 of Circular 18/2022/TT-BNNPTNT of Vietnam stipulating the establishment of patrols in Vietnam as follows:
Establishment of patrols in Vietnam
1. Competency in establishing patrols
a) Director of the Department of Fisheries Resources Surveillance shall establish patrols according to the plans for patrol, inspection, and control of the Department of Fisheries Resources Surveillance;
b) Director of the Regional Fisheries Resources Surveillance Sub-Department shall establish patrols according to the plans for patrol, inspection, and control of the Regional Fisheries Resources Surveillance Sub-Department;
c) Heads of Fisheries Resources Surveillance Agencies or heads of local fisheries management agencies shall establish patrols according to local plans for patrol, inspection, and control.
2. Composition of a patrol
A patrol includes a leader, a deputy leader, and members. The leader of the patrol is the person who commands the patrol, complies with executive instructions, and takes responsibility before the person who establishes the patrol and the law. Decisions on patrol establishment shall comply with forms prescribed in Appendix II promulgated with this Circular.
3. Tasks and entitlements of patrols
a) Perform the patrol, inspection, and control and handle violations according to the law;
b) Perform the patrol according to issued plans. Comply with the command and directive of the superiors during the performance of patrolling tasks;
c) Detect, prevent, and handle violations according to the law. Regarding cases beyond competency, report them to the superiors for handling according to regulations;
d) Cooperate with relevant units and local authorities during the patrol, inspection, or control to enforce laws on the sea;
dd) Disseminate and universalize the education in the laws of Vietnam, international laws, and laws of relevant countries in the fisheries sector; provide guidelines for fishermen and relevant organizations and individuals on the implementation of regulations of fishing and aquatic resource protection laws;
e) Participate in the prevention and management of natural disasters and cooperate in searching, rescuing, and performing other tasks as prescribed by law;
g) Perform other tasks according to the assignment and directive of the person who establishes the patrol;
h) Request relevant agencies, organizations, and individuals to provide necessary information and documents for the patrol;
i) Receive weapons, assisting tools, technical means, professional measures to perform tasks, and permission to use such items as prescribed by law;
k) Pursue, arrest, and keep in custody people and vehicles violating laws that do not obey orders, oppose, or intentionally flee as prescribed by law.
4. Patrolling vehicles
Patrolling vehicles include fishery service vessels or vehicles of other forces participating in the patrol, inspection, and control.
Thus, the following entities have the competency in establishing patrols:
- Director of the Department of Fisheries Resources Surveillance shall establish patrols according to the plans for patrol, inspection, and control of the Department of Fisheries Resources Surveillance;
- Director of the Regional Fisheries Resources Surveillance Sub-Department shall establish patrols according to the plans for patrol, inspection, and control of the Regional Fisheries Resources Surveillance Sub-Department;
- Heads of Fisheries Resources Surveillance Agencies or heads of local fisheries management agencies shall establish patrols according to local plans for patrol, inspection, and control.
LawNet
