Decree No. 32/2010/ND-CP dated March 30, 2010 of Government on the management of fishery activities of foreign ships in Vietnam's sea areas

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 32/2010/ND-CP	Hanoi, March 30, 2010

DECREE

ON THE MANAGEMENT OF FISHERY ACTIVITIES OF FOREIGN SHIPS IN VIETNAM'S SEA AREAS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Fisheries Law;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations and April 2, 2008 Ordinance No. 04/2008/UBTVQH12 Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;

At the proposal of the Minister of Agriculture and Rural Development,

DECREES:

Chapter I GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the conditions, procedures and competence for grant-of permits for fishery activities; responsibilities of owners of foreign fishing vessels engaged in fishery activities in Vietnam's sea areas; responsibilities of state management agencies for fishery activities of foreign fishing vessels in Vietnam's sea areas; examination, control and handling of administrative violations, and complaints and denunciations related to fishery activities of foreign fishing vessels in Vietnam's sea areas.

Article 2. Subjects of application

This Decree applies to owners of foreign fishing vessels engaged in fishery activities in Vietnam's sea areas and concerned agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Decree, the terms below arc construed as follows:

1. Owner of a fishing vessel means the owner, manager or captain of that fishing vessel.

2. Vietnam's sea areas are the sea areas under the sovereignty, sovereign rights and jurisdiction of the Socialist Republic of Vietnam as defined in the June 26,2003 Law on National Boundaries and treaties between the Socialist Republic of Vietnam and other countries.

3. Foreign fishing vessel means a fishing vessel flying a foreign flag which is engaged in fishery activities.

Article 4. Principles of fishery activities of foreign fishing vessels in Vietnam's sea areas

1. Fishery activities of foreign fishing vessels in Vietnam's sea areas must be carried out on the basis of international cooperation, ensuring equality, mutual benefits and respect for each party's independence, sovereignty and law as well as international law.

2. Fishery activities of foreign fishing vessels in Vietnam sea areas must comply with fisheries development master plans and plans and ensure safety for fishing vessels and people working on board.

3. Foreign fishing vessels may be engaged in fishery activities in Vietnam's sea areas only after they are granted fishery activity permits by competent Vietnamese agencies.