Conditions for building, modification of commercial fishing vessels in Vietnam

Conditions for building, modification of commercial fishing vessels in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Conditions for building, modification of commercial fishing vessels in Vietnam

According to Article 63 of the Law on Fisheries 2017, a facility will be issued with the certificate of eligibility for building and modifying commercial fishing vessels if the following conditions are satisfied:

- There are suitable facilities. Production and business plans are conformable with types and sizes of built or modified commercial fishing vessels;

- There is a department of quality supervision and management to ensure that its products meet standards and conditions for quality, technical safety and environmental safety prescribed by law;

- Human resources satisfy requirements for production and business;

- System(s) for managing product quality and technology processes meet the prescribed requirements.

2. Rights and responsibilities of shipbuilders and modifying facilities of commercial fishing vessels in Vietnam

Rights and responsibilities of shipbuilders and modifying facilities of commercial fishing vessels in Vietnam according to Article 65 of the Law on Fisheries 2017 are as follows:

- A shipbuilder or modifying facility of commercial fishing vessels is entitled to:

+ Build or modify commercial fishing vessels in accordance with regulations of law;

+ Receive fees for building and modification of commercial fishing vessels under agreements;

+ Exercise other rights prescribed by law.

- A shipbuilder or modifying facility of commercial fishing vessels shall:

+ Only build or modify commercial fishing vessels requiring commercial fishing licenses in case of written approval of the People’s Committee of the province;

+ Be under technical supervision of the inspecting organization;

+ Build or modify commercial fishing vessels according to designs appraised and approved by the inspecting organization;

+ Take responsibility for quality of built and modified commercial fishing vessels;

+ Submit regular or ad hoc reports on building and modification of commercial fishing vessel according to instructions given by the Ministry of Agriculture and Rural Development.

3. Regulations on export and import of commercial fishing vessels and bareboat charter

Regulations on export and import of commercial fishing vessels and bareboat charter according to Article 66 of the Law on Fisheries 2017 are as follows:

- Commercial fishing vessels shall be exported at the request of the importing countries.

- An importer will be issued with licenses to import commercial fishing vessels for commercial fishing activities if the following conditions are satisfied:

+ The commercial fishing production does not exceed quota on issuance of commercial fishing license that has been determined;

+ The commercial fishing vessel has a legal origin;

+ The fishing vessel is covered by steel plates or new-material plates;

+ The maximum length of the commercial fishing vessel is at least 24 meters;

+ The commercial fishing vessel's plates is produced for 5 years or less and the main engine is produced for 7 years or less from the production year to time of import;

+ The commercial fishing vessel is issued with the certificate of technical safety whose remaining period is at least 06 months by the inspecting organization of the flag state.

- Organizations and individuals will be issued with licenses for bareboat charter if the conditions prescribed in Point a, b, c, d and e Clause 2 of Article 66 of the Law on Fisheries 2017; ship plate has been produced for 8 years or less and the main engine has been produced for 10 years or less counted from the production year to time of charter. Charter period is not more than 5 years.

- The Government shall provide guidelines for procedures for issuing licenses for import of commercial fishing vessels and bareboat charter and guidelines for giving commercial fishing vessels

4. Rights and responsibilities of inspecting organizations and inspectors in Vietnam

Rights and responsibilities of inspecting organizations and inspectors according to Article 70 of the Law on Fisheries 2017 are as follows:

* An inspecting organization has the following rights and responsibilities:

- It is entitled to inspect commercial fishing vessels in accordance with regulations of law;

- It is entitled to request shipowners, shipbuilders or modifying facilities of commercial fishing vessels to provide documents on technical designs and facilitate the supervision, technical inspection by inspectors and ensure the safety of inspectors during their performance of tasks;

- It is entitled to receive inspection fees in accordance with regulations of law;

- It shall exercise technical supervision of commercial fishing vessels in accordance with regulations of law;

- The head of the inspecting organization shall take legal responsibility for inspection results and issue certificates of technical safety;

- It shall comply with instructions and be subject to inspections in accordance with regulations of law;

- It shall submit regular or ad hoc reports on inspecting commercial fishing vessel according to instructions given by the Ministry of Agriculture and Rural Development.

* An inspector has the following rights and responsibilities:

- He/she is entitled to sign and use special seals or prints when making documents on registration of commercial fishing vessels and equipment thereon in accordance with regulations of law;

- He/she may refuse to carry out technical inspection if the conditions for inspection prescribed by law have not been satisfied.

- He/she may reserve opinions other than decisions of the heads of inspecting organizations related to conclusions of assessment of technical status of commercial fishing vessels and equipment installed thereon;

- He/she shall inspect commercial fishing vessels in accordance with national technical regulations on classification and construction of ships

- He/she shall take responsibility for results of technical safety inspection and classification of commercial fishing vessels.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE