What is fisheries resources surveillance force? Duties and powers of fisheries resources surveillance force in Vietnam

What is fisheries resources surveillance force? Duties and powers of fisheries resources surveillance force in Vietnam (Internet image)

1. What is fisheries resources surveillance force?

According to Article 87 of the Law on Fisheries 2017, the functions of the fisheries resources surveillance force are as follows:

Fisheries resources surveillance force is a state force which exercises Vietnam law and relevant international treaties to which the Socialist Republic of Vietnam is signatory related to extraction and protection of aquatic resources.

2. Duties and power of the Fisheries Resources Surveillance force in Vietnam

2.1 Duties of the Fisheries Resources Surveillance force in Vietnam

Pursuant to Clause 1, Article 88 of the Law on Fisheries 2017, the fisheries resources surveillance force shall:

- Patrol, inspect, control, investigate and take action against violations of laws, apply measures for preventing violations in accordance with regulations of law;

- Propagandize, popularize and provide education about Vietnam laws, international laws and laws of relevant countries on fisheries; instruct fishers and relevant organizations and individuals to implement regulations of law on fisheries;

- Appoint force to cooperate in rescue in accordance with regulations of laws; be engaged in natural disaster prevention and control;

- Protect Vietnamese sovereignty, sovereign rights and jurisdiction over the waters in accordance with regulations of law;

- Promote international cooperation in fisheries resources surveillance;

- Take charge and cooperate with relevant organizations in providing training for officials, public employees, members of the fisheries resources surveillance (hereinafter referred to as “surveillance members”), ship officers on fishery surveillance ships;

- Cooperate with other relevant authorities in fisheries resources surveillance.

2.2 Power of the Fisheries Resources Surveillance force in Vietnam

According to Clause 2, Article 88 of the Law on Fisheries 2017, the fisheries resources surveillance has power to:

- Request relevant organizations and individuals to provide necessary information and documents for inspecting, patrolling, controlling, investigating, detecting and taking actions against violations of law on extracting and protecting aquatic resources;

- Manage and use weapons, combat gears, technical equipment and professional methods for carry out fisheries resources surveillance in accordance with regulations of law on management and use of weapons, explosives and combat gears and other relevant regulations of law;

- Chase, arrest and apply prevention methods for people and vehicles failing to comply with orders, resisting or deliberately running away in accordance with regulations of law.

3. Organization of the fisheries resources surveillance force in Vietnam

Fisheries resources surveillance force is organized according to the provisions of Article 89 of the Law on Fisheries 2017, Article 62 of Decree 26/2019/ND-CP, specifically as follows:

3.1 Central fisheries resources surveillance force in Vietnam

Organizational structure of central fisheries resources surveillance force:

- Department of Fisheries Resources Surveillance is an agency affiliated to the Directorate of Fisheries affiliated to the Ministry of Agriculture and Rural Development. The Department of Fisheries Resources Surveillance includes specialized divisions, regional Sub-departments of Fisheries Resources Surveillance and Fisheries Resources Surveillance Center;

- A regional Sub-department of Fisheries Resources Surveillance includes specialized divisions, fisheries resources surveillance fleets and fisheries resources surveillance stations;

- Departments of Fisheries Resources Surveillance and regional Sub-departments of Fisheries Resources Surveillance have separate legal status, head office, seal and account opened at the State Treasury;

- Fisheries resources surveillance stations affiliated to regional Sub-departments of Fisheries Resources Surveillance have a separate seal to carry out administrative transactions and impose penalties for administrative violations within their power.

3.2 Fisheries control of provinces and central-affiliated cities in Vietnam

Fisheries surveillance force of coastal provinces that shall be organized to ensure the protection of aquatic resources and local resources.

Fisheries resources surveillance forces of coastal provinces and central-affiliated cities are organizations affiliated to fishery authorities of provinces and established by People’s Committees of provinces.

Van Trong

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