What are the procedures for issuance of the Certificate of eligibility for inspecting commercial fishing vessels in Vietnam?
What eligibility requirements must a fishing vessel registry satisfy?
Pursuant to Article 56 of Decree No. 26/2019/ND-CP stipulating the eligibility requirements to be satisfied by a fishing vessel registry as follows:
Regarding Class I fishing vessel registry:
(1) The registry shall be established by the competent authority (in case of a public registry) or established in accordance with regulations of the 2020 Law on Enterprises and the 2012 Law on Cooperatives;
The fishing vessel registry must be legally and financially independent of the organizations and individuals trading, building, modifying and designing fishing vessels;
(2) The registry must have necessary infrastructure and equipment:
+ Data storage and input equipment;
+ Equipment connected to the Internet and transmitting data to relevant authorities involved in fishing vessel registration, tools and equipment serving technical inspection according to the Appendix VII of Decree No. 26/2019/ND-CP;
(3) The registry must have registrars obtaining at least a bachelor’s degree in ship hull engineering, marine engineering, electric engineering, fishing, heat and refrigeration engineering or fisheries product processing.
There must be at least 01 Class I registrar and 02 Class II registrars;
(4) The registry must establish and maintain the application of a quality management system according to ISO 9001 or equivalent.
Regarding Class II fishing vessel registry:
- The registry must satisfy the eligibility requirements specified in (1) (2) (4);
- Registrars must obtain at least a bachelor’s degree in ship hull engineering, marine engineering, electric engineering, fishing, heat and refrigeration engineering or fisheries product processing. There must be at least 02 Class II registrars.
Regarding Class III fishing vessel registry:
- The registry must satisfy the eligibility requirements specified in (1) (2);
- Registrars must obtain at least a level 5 of VQF Advanced Diploma in ship hull engineering, marine engineering and fishing. There must be at least 01 Class II registrar;
- A procedure for technical inspection and supervision of fishing vessels must be established in accordance with the national technical regulation on classification and construction of fishing vessels.
What are the procedures for issuance of the Certificate of eligibility for inspecting commercial fishing vessels in Vietnam?
What are the procedures for issuance of the Certificate of eligibility for inspecting commercial fishing vessels in Vietnam?
Pursuant to Clause 3, Article 11 of Circular No. 23/2018/TT-BNNPTNT stipulating the procedures for issuance of the Certificate of eligibility for inspecting commercial fishing vessels as follows:
- Organizations and individuals submit 01 set of dossiers directly at the Directorate of Fisheries or via postal service or through the network environment (national one-stop portal, online public service, electronic software, email, fax) if any;
- In case of direct submission: The Directorate of Fisheries shall check the composition of the dossier and responds immediately when the organization or individual submits the dossier;
- In case the application is submitted via postal service or via the network environment: Within no more than 02 working days, the Directorate of Fisheries shall consider the completeness, if the dossier is incomplete as prescribed, the Directorate of Fisheries shall consider the completeness of the application, if the dossier is incomplete as prescribed, the Directorate of Fisheries shall notify in writing the organization or individual for supplement;
- Within 20 days from the date of receiving the complete dossier as prescribed, the Directorate of Fisheries shall complete the physical inspection at the establishment, the inspection contents and records according to Form No. 02.CN Appendix III promulgated together with Circular No. 23/2018/TT-BNNPTNT.
- Within 10 working days from the date of completion of the inspection, if the inspection results are satisfactory, the Directorate of Fisheries shall issue a Certificate of eligibility for fishing vessel registration according to Form No. 03.CN Appendix Appendix III promulgated together with Circular No. 23/2018/TT-BNNPTNT and issued technical seals, professional registration seals of fishing vessels. The form of technical seal, professional seal of registration of fishing vessels and principles of use is made according to Form No. 04.CN, Appendix III issued together with Circular No. 23/2018/TT-BNNPTNT.
In case of refusal to issue a Certificate of eligibility for inspecting commercial fishing vessels, the Directorate of Fisheries shall reply in writing and clearly state the reasons therefor;
- The Directorate of Fisheries returns the results directly at the place where the application is received or sent via postal service.
When is the certificate of eligibility for inspecting commercial fishing vessels in Vietnam revoked?
Pursuant to the provisions of Clause 3, Article 69 of the 2017 Law on Fisheries in Vietnam, the certificate of eligibility for inspecting commercial fishing vessels will be revoked if:
- Its contents are erased or changed;
- The inspecting organization or individual fails to inspect commercial fishing vessels in accordance with regulations of law;
- The organization or individual fails to satisfy the conditions prescribed in Clause 1 Article 68 of this Law;
- There are other violations in which the certificate shall be revoked.
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