Conditions for issuing licenses to foreign organizations and individuals engaged in commercial fishing within the Vietnam’s maritime boundary

Conditions for issuing licenses to foreign organizations and individuals engaged in commercial fishing within the Vietnam’s maritime boundary (Internet image)

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

1. Conditions for issuing licenses to foreign organizations and individuals engaged in commercial fishing within the Vietnam’s maritime boundary

According to Article 55 of the Law on fisheries 2017, foreign organizations or individuals will be issued with commercial fishing licenses within the Vietnam’s maritime boundary if all of the following conditions are satisfied:

- There are international agreements or international treaties to which the Socialist Republic of Vietnam is a signatory; licenses or approvals granted by competent authorities of the country owning the commercial fishing vessels specifying that the commercial fishing within the Vietnam’s maritime boundary is allowed;

- There are investment registration certificates issued by competent authorities or cooperation projects on engaged in fishing approved by the Prime Minister or cooperation projects on investigating and assessing aquatic resources, technical training, transferring technologies in fishery, collecting and transporting aquatic species within the Vietnam’s maritime boundary that have been approved by the Ministry of Agriculture and Rural Development or Chairmen/Chairwomen of People’s Committees of provinces.

Projects on fishing within the Vietnam’s maritime boundary are approved in accordance with regulations in Points a and b Clause 2 Article 50 of this Law. The commercial fishing vessels are not included in the list of illegal commercial fishing vessels made and published by Vietnamese competent authorities or RFMOs or international authorities;

- There are registration certificates of commercial fishing vessels and certificates of technical safety whose remaining period is at least 6 months issued by the competent authorities of the flag state and certificates of use of frequency and radio transmitters issued by Vietnamese competent authorities;

- There is a list of crewmembers. Masters and chief engineer officers have degrees or certificates suitable for types of vessels. Foreign crewmembers of foreign commercial fishing vessels operating within the Vietnam’s maritime boundary are approved by the Ministry of Public Security and Ministry of National Defense. Ship officers have passports and insurance;

- There are vehicle tracking devices as prescribed by regulations and law;

- At least one person working on the vessel is proficient in Vietnamese or English.

2. Rights and responsibilities of foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary

Rights and responsibilities of foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary according to Article 57 of the Law on fisheries 2017 are as follows:

- Foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary are entitled to:

+ Be engaged in commercial fishing activities within the Vietnam’s maritime boundary in accordance with contents of their licenses;

+ Receive information related to fishery activities in accordance with regulations of Vietnam law if requested;

+ Have their legal rights and interests protected by the Vietnamese Government during the commercial fishing in Vietnam.

- Foreign organizations and individuals engaged in commercial fishing activities within the Vietnam’s maritime boundary shall:

+ Pay sufficient fees and charges in accordance with regulations of Vietnam law and buy insurance for supervisor;

+ Only anchor the commercial fishing vessels in registered ports and send written notifications to the Ministry of Agriculture and Rural Development at least 7 working days from the day on which the vessels arrive in Vietnam; go through procedures for cross border departure and arrival in accordance with regulations of Vietnam law;

+ Carry sufficient original copies or certified copies of licenses for fishery activities issued by Vietnamese competent authorities, certificates of technical safety, licenses to use frequency of radio transmitters issued by Vietnamese competent authorities, directories of crewmembers;

+ Keep and submit fishing logbooks of every voyage regarding commercial fishing vessels; operating reports of every voyage regarding ships used for investigating and assessing aquatic resources, providing technical training, transferring fishery technologies, collect and transporting aquatic species in accordance with regulations issued by the Minister of Agriculture and Rural Development. Fishing logbooks or operating reports shall be made in Vietnamese or English;

+ Comply with requirements of supervisors; ensure working and living conditions for supervisors; pick supervisors up and return them to places approved by the Ministry of Agriculture and Rural Development;

+ Comply with inspection and control by competent authorities in accordance with regulations of Vietnam law;

+ In case of accidents or dangers requiring assistance, crewmembers shall give emergency signals or and immediately notify the nearest Vietnamese relevant authorities;

+ Only sell aquatic products in Vietnam unless there is an export contract;

+ If a foreign vessel is shut down when its license is still valid, the shipowner shall send a written report to the Ministry of Agriculture and Rural Development at least 7 working days before it is shut down;

+ Fly national flags in accordance with the Government’s regulations

+ Comply with other regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.

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