What are regulations on issuance, re-issuance and revocation of certificates of eligibility for building and modifying fishing vessels in Vietnam?

What are regulations on issuance, re-issuance and revocation of certificates of eligibility for building and modifying fishing vessels in Vietnam?

Hello Lawnet. What are regulations on issuance, re-issuance and revocation of certificates of eligibility for building and modifying fishing vessels in Vietnam? Thank you!

Answer:

Pursuant to Article 54 of the Decree 26/2019/NĐ-CP stipulating issuance, re-issuance and revocation of certificates of eligibility for building and modifying fishing vessels in Vietnam as follows:

1. An application for issuance of the certificate of eligibility includes:

- An application form (Form No. 01.TC in the Appendix V hereof);

- A description of eligibility requirements (Form No. 02.TC in the Appendix V hereof).

2. An application for re-issuance of the certificate of eligibility includes:

- An application form (Form No. 03.TC in the Appendix V hereof);

- The issued certificate of eligibility.

3. Procedures for issuance and re-issuance of the certificate of eligibility:

- The applicant shall submit an application to the Department of Agriculture and Rural Development of the province where the fishing vessel building and modification facility is located;

- Within 07 working days from the receipt of the sufficient application, the Department of Agriculture and Rural Development shall inspect and assess the fulfillment of eligibility requirements by the facility. If the facility fails to satisfy all eligibility requirements, the facility shall take corrective actions. After taking corrective actions, the facility shall notify the Department of Agriculture and Rural Development in writing to inspect and assess the fulfillment of eligibility requirements by the facility;

- If the application is satisfactory and the facility satisfies all eligibility requirements, within 03 working days from the end of the inspection/assessment, the Department of Agriculture and Rural Development shall issue the certificate of eligibility for building and modifying fishing vessels according to the Form No. 04.TC in the Appendix V hereof;

- In case of rejection of the application, a response and explanation shall be provided in writing.

4. Procedures for revocation of the certificate of eligibility:

- Any authority that has the power to issue the certificate of eligibility for building and modifying fishing vessels also has the power to revoke it;

- If the facility is found committing one of the violations specified in Clause 3 Article 64 of the Law on Fisheries, the competent authority shall issue a decision on revocation of the issued certificate of eligibility and publish a notification thereof on the mass media.

What are procedures for granting approval for building, modification, chartering and purchase of Vietnamese fishing vessels?

I'm learning on guidelines for implementation of the Law on Fisheries. I want to ask about procedures for granting approval for building, modification, chartering and purchase of Vietnamese fishing vessels. Thank you!

Answer:

Pursuant to Article 57 of the Decree 26/2019/NĐ-CP stipulating granting approval for building, modification, chartering and purchase of Vietnamese fishing vessels as follows:

- An application form for approval for building, modification, chartering and purchase of Vietnamese fishing vessels includes an application form made using Form No. 05.TC in the Appendix V hereof.

- The applicant shall submit an application to the Department of Agriculture and Rural Development.

- Within 03 working days from the receipt of the satisfactory application, the Department of Agriculture and Rural Development shall appraise the application according to quota on issuance of the fishing license and specific criteria laid down by the province and consider granting approval according to the Form No. 06.TC in the Appendix V hereof. In case of rejection of the application, a response and explanation shall be provided in writing.

What are requirements fishing vessel monitoring system in Vietnam?

I'm learning on regulations on operations of fishing vessel on Vietnamese sea areas. I want to ask about requirements fishing vessel monitoring system in Vietnam in Vietnam. Thank you!

Answer:

Pursuant to Clause 1 Article 44 of the Decree 26/2019/NĐ-CP stipulating requirements applied to the fishing vessel monitoring system in Vietnam as follows:

- The system shall be connected and synchronized with the one installed at the central government monitoring data center and monitoring data centers of 28 coastal cities and provinces.

- The system shall transmit automatically the following information in at least 12 locations per day through the satellite communications system every 02 hours: location of the vessel (longitude, latitude) and time (minute/hour/date/month/year) to the equipment installed on the fishing vessel with a maximum length of at least 24 meters; and warn the master when the vessel has crossed the permissible maritime boundary.

The system shall transmit the following information in at least 08 locations per day through the satellite communications system or Global System for Mobile Communications (GSM) or ground wave communications system every 03 hours by using MF, HF or VHF: location of the vessel (longitude, latitude) and time (minute/hour/date/month/year) to the equipment installed on the fishing vessel with a maximum length of from 15 meters to less than 24 meters; and warn the master when the vessel has crossed the permissible maritime boundary;

- Deviations in coordinates of fishing vessel location received from GPS and thus displayed on the fishing vessel monitoring equipment (hereinafter referred to as “the monitoring equipment”) must not exceed 500 m and must have 99% reliability;

- Each equipment must have its own identity code;

- The system shall operate normally in marine environment according to national standards and national technical regulations of Vietnam.

Best regards!