What are regulations on issuance of license to import fishing vessels in Vietnam? What are regulations on donated fishing vessels in Vietnam?
What are regulations on issuance of license to import fishing vessels in Vietnam? What are regulations on donated fishing vessels in Vietnam? What are eligibility requirements to be satisfied by Class II and Class III fishing vessel registries in Vietnam?
What are regulations on issuance of license to import fishing vessels in Vietnam?
I'm learning about guidelines for implementation of the Law on Fisheries. I want to know about regulations on issuance of license to import fishing vessels in Vietnam. Thank you!
Answer:
Pursuant to Article 58 of the Decree 26/2019/NĐ-CP stipulating issuance of license to import fishing vessels in Vietnam as follows:
1. An application for issuance of the license to import fishing vessels:
- An application form (Form No. 07.TC in the Appendix V hereof);
- Fishing vessel import contract or bareboat charter;
- A photocopy of the fishing vessel safety certificate or photocopies of documents about fishing vessel classification whose remaining effective period is at least 06 months, issued by the registry of the home country of the vessel (the photocopies must bear the seal of the importer);
- A photocopy of registration certificate of fishing vessel if the fishing vessel has been used (the photocopy must bear the seal of the importer);
- Shipbuilding contract and contract completion note in the case of newly built fishing vessel.
2. Documents mentioned in Points b, c, d and dd Clause 1 of this Article must be translated into Vietnamese language.
3. Procedures for issuance of the license to import fishing vessels:
- The applicant shall submit an application to the Directorate of Fisheries;
- Within 07 working days from the receipt of the satisfactory application, the Directorate of Fisheries shall consider issuing the license to the applicant according to the Form No. 08.TC in the Appendix V hereof. In case of rejection of the application, a response and explanation shall be provided in writing;
- The license to import fishing vessels and charter bareboat shall be sent to the applicant and relevant authorities: Department of Agriculture and Rural Development of the province where the fishing vessel owner registers his/her permanent address, Border Guard High Command affiliated to the Ministry of National Defense and General Department of Customs affiliated to the Ministry of Finance.
What are regulations on donated fishing vessels in Vietnam?
Hello Lawnet. I'm looking for information about fishing vessels. I want to know about regulations on donated fishing vessels in Vietnam. Thank you!
Answer:
Pursuant to Article 59 of the Decree 26/2019/NĐ-CP stipulating donated fishing vessels in Vietnam as follows:
-The donation of fishing vessels means a foreign Government or foreign organization/individual donating fishing vessels to Vietnamese Government or Vietnamese organization/individual to serve fishing or public service activities related to fisheries.
- The Directorate of Fisheries shall, according to the demand, current situation and external relations, decide on the receipt of fishing vessels donated by foreign Government, organizations and individuals to Vietnamese regulatory authorities.
- Vietnamese organizations and individuals receiving fishing vessels donated by foreign organizations and individuals shall satisfy all conditions specified in Clause 2 Article 66 of the Law on Fisheries.
- Procedures for import of fishing vessels donated by foreign organizations and individuals to Vietnamese organizations and individuals are specified in Article 58 of this Decree.
What are eligibility requirements to be satisfied by Class II and Class III fishing vessel registries in Vietnam?
Hello Lawnet. I'm learning about fishing vessel registries in Vietnam. What are eligibility requirements to be satisfied by Class II and Class III fishing vessel registries in Vietnam? Thank you!
Answer:
Pursuant to Clause 2 and 3, Article 56 of the Decree 26/2019/NĐ-CP stipulating eligibility requirements to be satisfied by Class II and Class III fishing vessel registries in Vietnam as follows:
Regarding Class II fishing vessel registry:
- The registry must satisfy the eligibility requirements specified in Points a, b and d Clause 1 of this Article;
+ The registry shall be established by the competent authority (in case of a public registry) or established in accordance with regulations of the Law on Enterprises and 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;
+ 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 hereof;
+ The registry must establish and maintain the application of a quality management system according to ISO 9001 or equivalent.
- 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 Points a and b Clause 1 of this Article;
+ The registry shall be established by the competent authority (in case of a public registry) or established in accordance with regulations of the Law on Enterprises and 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;
+ 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 hereof;
- 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.
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