What conditions must be met to open fishing ports in Vietnam? What is the application for opening of fishing ports in Vietnam?
What conditions must be met to open fishing ports in Vietnam?
Pursuant to the provisions of Clause 1, Article 79 of the 2017 Law on Fisheries in Vietnam, the conditions for opening a fishing port are as follows:
Opening and closing of fishing ports
1. A fishing port will be opened if:
a) The conditions prescribed in Article 78 of this Law are satisfied;
b) The organization managing the fishing port (hereinafter referred to as “supervisory organization”) has been established;
c) There is a plan for using the fishing port.
What conditions must be met to open fishing ports in Vietnam? What is the application for opening of fishing ports in Vietnam?
What is the application for opening of fishing ports in Vietnam?
Pursuant to the provisions in Clause 1, Article 61 of Decree No. 26/2019/ND-CP on the application for opening of a fishing port as follows:
Contents and procedures for opening and closing fishing ports
1. An application for opening of a fishing port:
a) An application form (Form No. 09.TC in the Appendix V hereof);
b) A permit for construction of the fishing port;
c) Photocopies of fishing port’s regulations and plan for operation of fishing port;
d) A photocopy of the decision on establishment of fishing port management organization;
dd) A record of commissioning of the fishing port that has put into operation enclosed with an as-built drawing;
e) Notice to mariners about channel of the port and waters in front of the wharf;
g) Documents certifying the performance of the following tasks specified in the report and requirements specified in the decision on approval for the environmental impact assessment report;
h) A record on fire safety commissioning.
Thus, the application for opening of a fishing port will include the above-mentioned papers and documents.
What are the procedures for opening fishing ports in Vietnam?
Pursuant to the provisions of Clause 2, Article 61 of Decree No. 26/2019/ND-CP on the procedures for opening a fishing port as follows:
- The fishing port management organization shall submit an application specified in Clause 1 of this Article to the competent authority specified in Clause 3 Article 79 of the 2017 Law on Fisheries in Vietnam;
- Within 06 working days from the receipt of the satisfactory application, the competent authority shall consider the application, carry out a site survey of the fishing port and decide to open the fishing port according to the Form No. 10.TC in the Appendix V of Decree No. 26/2019/ND-CP. In case of rejection of the application, a response and explanation shall be provided in writing;
- Within 02 days from the date of issuing the decision on opening of the fishing port, the competent authority shall publish it on the mass media.
What are the rights and obligations of the organization managing the fishing port?
Pursuant to the provisions of Article 81 of the 2017 Law on Fisheries in Vietnam on the rights and obligations of the organization managing the fishing port as follows:
Rights and responsibilities of supervisory organizations
1. A supervisory organization is entitled to:
a) Lease the infrastructure to organizations and individuals for production and business in the fishing port land areas and port waters in accordance with the approved plan for using the fishing port and regulations of law;
b) Refuse or compel people and commercial fishing vessels that fail to comply with internal regulations of the port to leave;
c) Refuse the lease, or compel the producers and traders in the port land areas and port waters that fail to 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 competent authority to handle the cases in order to ensure the security, food safety, environment safety and fire safety within the fishing port area.
2. A supervisory organization shall:
a) Issue and publish regulations of the fishing port;
b) Instruct and dispose vehicles to come into, leave and anchor in the port waters; ensure safety and convenience for people and vehicles in the fishing port area;
c) Cooperate with competent authority in inspecting and controlling activities of producers and traders in the fishing port, ensure security and order, food safety, environmental safety and fire safety in the fishing port area; actively repair and deal with accident consequences and environmental pollution in the fishing port;
d) Regularly provide information on weather on the information system of the fishing port; assign people to be on watch and hang warning signs in case of natural disasters in accordance with regulations of law; notice the list of commercial fishing vessels anchoring in the port waters and quantity of people thereon to the competent authority;
dd) Comply with the inspection and supervision by competent authorities in term of food safety, environmental safety, security and order, fire prevention and other relevant fields in the fishing port area;
e) Cooperate with and arrange working places for competent authorities inspecting and controlling the compliance with regulations of law on commercial fishing actives, aquatic resource protection, control of illegal commercial fishing, food safety and other relevant fields on commercial fishing vessels and in the fishing port;
g) The head of the supervisory organization shall total up the production of aquatic products passing the fishing port, certify origins of caught aquatic species in accordance with regulations and law, collect fishing logbooks and reports of the commercial fishing vessels coming into the port, consolidate and submit regular or ad hoc reports to competent authorities according to instructions provided by the Ministry of Agriculture and Rural Development;
h) Refuse the handling of aquatic products of commercial fishing vessels engaged in illegal commercial fishing and notify the competent authorities for considering and dealing with this problem in accordance with regulations of law;
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, the organization managing the fishing port must ensure the implementation of rights and obligations in accordance with the Fisheries Law and other relevant documents.
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