What is implementation of the patrol, inspection, and control of the Fisheries Resources Surveillance Force in Vietnam?

What is implementation of the patrol, inspection, and control of the Fisheries Resources Surveillance Force in Vietnam?

Article 10 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates implementation of the patrol as follows:

1. Patrols shall implement the route prescribed in the plan for the patrol, inspection, and control issued according to Clause 3 Article 6 of this Circular; implement the observation and assessment of compliance with fishing and aquatic resource protection laws of people and vehicles operating on the sea.

2. The leader of the patrol shall submit reports to competent persons prescribed in Clause 2 Article 6 of this Circular via the communication system on the ship for consideration and decisions in case of changing the route in the issued plan for patrol, inspection, and control.

3. In case of force majeure, the leader of the patrol shall hold a meeting to consider and decide on the changes to the route.

4. Cases of changing the patrolling route shall be made in writing, and patrolling, inspecting, and controlling records shall be stored.

In which cases do fishing vessels be stopped for inspection and control of the Fisheries Resources Surveillance Force in Vietnam? 

Article 11 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates fishing vessels are stopped for inspection and control when:

1. Violations or signs of violations against fishing and aquatic resource protection laws are detected or recorded directly or via professional equipment.

2. Information or notifications on violations against fishing and aquatic resource protection laws from organizations and individuals are received.

3. Superior management agencies or competent agencies direct or request the stopping of fishing vessels.

4. There are other signs of law violations as prescribed by the law.

5. The inspection of compliance with fishing and aquatic resource protection laws is performed.

What are stopping orders and organization of fishing vessel approach for inspection and control of the Fisheries Resources Surveillance Force in Vietnam? 

Article 12 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates stopping orders and organization of fishing vessel approach for inspection and control of the Fisheries Resources Surveillance Force as follows:

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.

What are regulations on inspection teams of the Fisheries Resources Surveillance Force in Vietnam? 

Article 13 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates inspection teams as follows:

1. An inspection team is a division of the patrol assigned to perform tasks under the command of the leader of the patrol.

2. An inspection team shall have at least 3 people, including a leader, an officer specialized in fisheries resources surveillance, and other members. The leader is the person commanding the inspection team and takes responsibility before the leader of the patrol.

3. The inspection team shall:

a) Strictly comply with the command and directive of the leader of the patrol and the patrolling plan issued by competent authorities;

b) Directly board fishing vessels to conduct the inspection and control of compliance with fishing and aquatic resource protection laws;

c) Collect situations, information, evidence, and relevant documents and handle administrative violations of organizations and individuals as per regulation;

d) Disseminate and universalize 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;

dd) Perform other tasks according to the assignment of the leader of the patrol.

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