What documents do masters of foreign commercial fishing vessels need to present and declare when entering a fishing port in Vietnam?
- Does the organization managing the fishing port have full discretion in the case of foreign commercial fishing vessels entering a fishing port in Vietnam?
- When a fishing vessel enters a fishing port, how long in advance must the master notify the organization managing the fishing port?
- What documents do foreign commercial fishing vessels need to present when entering a fishing port in Vietnam?
Does the organization managing the fishing port have full discretion in the case of foreign commercial fishing vessels entering a fishing port in Vietnam?
Pursuant to the provisions of Clause 2, Article 81 of the 2017 Law on Fisheries in Vietnam, the obligations of the organization managing the fishing port (hereinafter referred to as “supervisory organization”) are as follows:
Rights and responsibilities of supervisory organizations
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2. A supervisory organization shall:
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i) Notify the entering by foreign commercial fishing vessels to the local competent authority for cooperating in management;
k) Cooperate with the nautical safety authority in notifying the status of channels, marking buoys and ensure safety of commercial fishing vessels entering and leaving the fishing port.
l) Formulate plans for and organize the maintenance of infrastructure of the fishing port to ensure safety of people and vehicles operating in the fishing port.
Thus, in case a foreign ship wants to enter a port in Vietnam, the organization managing the fishing port is obliged to immediately notify the local competent authority for cooperating in management.
What documents do masters of foreign commercial fishing vessels need to present and declare when entering a fishing port in Vietnam? (Image from the Internet)
When a fishing vessel enters a fishing port, how long in advance must the master notify the organization managing the fishing port?
Pursuant to Article 82 of the 2017 Law on Fisheries in Vietnam on regulations for Vietnamese fishing vessels entering and leaving fishing ports as follows:
Vietnamese commercial fishing vessels entering and leaving fishing ports
1. At least 1 hour before the commercial fishing vessel enters the fishing port, the master shall notify the supervisory organization of registration number, size and type of the commercial fishing vessel, services required and other requirements (if any), except for force majeure.
2. When entering a fishing port, the master shall comply with control by the supervisory organization and regulations of the fishing port.
3. Shipowners and masters shall comply with inspection and control and regulations of law on extracting and protecting aquatic resources, food safety, environmental safety and fire safety; ensure safety of people and commercial fishing vessels.
4. The master shall notify the supervisory organization at least 1 hour before the commercial fishing vessel leaves the fishing port.
5. A commercial fishing vessel is not allowed to leave a fishing port if:
a) The safety of people and the commercial fishing vessel is not ensured;
b) There is a violation of law in which the commercial fishing vessel shall be temporarily seized in accordance with regulations of law;
c) There is an order to capture or temporarily seize the commercial fishing vessel issued by a court or competent authority.
Thus, at least 1 hour before the commercial fishing vessel enters the fishing port, the master shall notify the supervisory organization.
What documents do foreign commercial fishing vessels need to present when entering a fishing port in Vietnam?
Pursuant to the provisions of Clause 3, Article 83 of the 2017 Law on Fisheries in Vietnam on foreign ships engaged in fishing activities in Vietnam entering and leaving a fishing port as follows:
Foreign commercial fishing vessels entering and leaving fishing ports
1. A foreign commercial fishing vessel may only enter the fishing port specified in the commercial fishing license or the fishing ports approved by the Ministry of Agriculture and Rural Development.
2. At least 24 hours before entering a fishing port, the master of the commercial fishing vessel must notify the supervisory organization of the name, call sign, registration number, size and type of the vessel, the authority issuing the commercial fishing license, production and aquatic species on the vessel, estimated time of arrival and demand for assistance (if any).
3. When entering a fishing port, the master of the commercial fishing vessel shall comply with regulations of the fishing port and the control of the supervisory organization; declare and present the following information and papers:
a) Directory of ship officers and passports of crewmembers;
b) The commercial fishing license within the Vietnam’s maritime boundary;
c) Purposes of entering the fishing port;
d) Time of the voyage;
dd) Volume and components of aquatic species caught or under transshipment on board, applicable to commercial fishing vessels and vessels used for transporting aquatic species;
e) Position and fishing areas, production of onboard aquatic species applicable to commercial fishing vessels.
4. The master who presents commercial fishing documents confirmed by foreign competent authorities is not required to declare the information mentioned in Points d, dd and e Clause 3 of this Article.
5. The master and crewmembers of a commercial fishing vessel shall go through procedures for exit and entry, customs and quarantine procedures in accordance with regulations of law.
6. The master shall notify the supervisory organization at least 12 hour before the commercial fishing vessel leaves the fishing port.
7. For vessels entering a fishing port in force majeure cases, immediate after docking, the master or helmsman shall:
a) Notify the supervisory organization of the status of the vessel and quantity of people aboard; prove the force majeure and specify the request for help;
d) Comply with regulations prescribed in Clause 5 of this Article.
8. Shipowners and masters shall facilitate and comply with inspection and control and regulations of law on extracting and protecting aquatic resources, food safety, environmental safety and fire safety; ensure safety of people aboard and vessels.
9. Shipowners and masters shall pay costs as prescribed by law.
Thus, when a foreign ship enters a Fishing port in Vietnam, it is necessary to notify at least 24 hours in advance to the organization managing the fishing port and present and declare the following information and papers:
- Directory of ship officers and passports of crewmembers;
- The commercial fishing license within the Vietnam’s maritime boundary;
- Purposes of entering the fishing port;
- Time of the voyage;
- Volume and components of aquatic species caught or under transshipment on board, applicable to commercial fishing vessels and vessels used for transporting aquatic species;
- Position and fishing areas, production of onboard aquatic species applicable to commercial fishing vessels.
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