THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 123/2006/ND-CP
Hanoi, October 27, 2006
 
DECREE
ON MANAGEMENT OF AQUATIC RESOURCE EXPLOITATION BY VIETNAMESE ORGANIZATIONS AND INDIVIDUALS IN SEA AREAS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Fisheries;
At the proposal of the Minister of Fisheries,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope and subjects
This Decree provides for the management of aquatic resource exploitation by Vietnamese organizations and individuals within and outside Vietnam's sea areas; division of sea areas and demarcation of aquatic resource exploitation areas within Vietnam's sea areas.
When a relevant treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of that treaty shall apply.
Article 2.- Interpretation of terms
1. Vietnam's sea areas means sea areas under the sovereignty, sovereign right and jurisdiction of the Socialist Republic of Vietnam as specified in the June 17, 2003 Law on National Borders and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Sea areas outside Vietnam means international sea areas (the high seas) or sea areas of other countries.
Article 3.- General principles
1. The Ministry of Fisheries shall assist the Government in performing the uniform management of the aquatic resource exploitation by Vietnamese organizations and individuals in and outside Vietnam's sea areas.
2. The management of aquatic resource exploitation is aimed at protecting and developing aquatic resources in a sustainable manner and ensuring safety for humans and fishing ships engaged in aquatic resource exploitation in sea areas.
Chapter II
MANAGEMENT OF AQUATIC RESOURCE EXPLOITATION IN VIETNAM'S SEA AREAS
Article 4.- Division of sea areas and demarcation of aquatic resource exploitation areas
1. Vietnam's sea areas are divided into:
a/ Coastal sea areas, which are measured from the coast (the lowest tide line) to the line connecting points of 24 nautical miles from the coast;
Provincial/municipal People's Committees (collectively referred to as provincial-level People's Committees) of adjoining coastal localities shall base themselves on the specific geographical characteristics of local sea areas to determine and publicize the boundaries between the coastal sea areas of their provinces;
b/ Offshore sea areas, which are measured from the line of 24 nautical miles from the coast to the outer limit of Vietnam's sea areas.
2. Coastal sea areas are divided into two routes as follows:
a/ The coastal route, which are the sea area from the coast to the line connecting points of six nautical miles from the coast;
b/ The inshore route, which are the sea area from the line of six nautical miles from the coast to the line connecting points of 24 nautical miles from the coast.
3. Offshore sea areas are considered the offshore route.
4. For islands and archipelagoes, provincial-level People's Committees shall base themselves on the necessity and particular characteristics of each island or archipelago to decide on the coastal route of that island or archipelago, which, however, must not extend beyond the limit of six nautical miles.
Article 5.- Management of aquatic resource exploitation in Vietnam's sea areas
Organizations and individuals exploiting aquatic resources in Vietnam's sea areas must abide by the provisions of relevant laws and the following regulations:
1. Regulations of the Fisheries Ministry or provincial-level People's Committees on the list of aquatic animals banned from exploitation; exploitation methods, exploitation trades or fishing gears banned or restricted from use in sea areas or each exploitation route; areas where exploitation is banned or areas where exploitation is banned during given periods of time; categories and minimum sizes of aquatic animals permitted for exploitation.
2. Regulations on fishing ships operating in coastal routes:
a/ Fishing ships with a designed waterline length of under 15 meters, without or with engines of a total capacity of under 20 horsepower may operate in costal routes.
b/ Coastal fishing ships which make registration in one province may operate only in the coastal route of that province.
c/ Coastal fishing ships may not operate in inshore routes and offshore routes.
3. Regulations on fishing ships operating in inshore routes:
a/ Fishing ships with a designed load waterline length of 15 meters or more, without or with engines of a total capacity from 20 horsepower to under 90 horsepower may operate in inshore routes;
b/ Except for cases defined at Point a, Clause 4 of this Article, inshore fishing ships may not operate in coastal and offshore routes,.
4. Regulations on fishing ships operating in offshore routes:
a/ Fishing ships with engines of a total capacity of 90 horsepower or more and those with engines of a total capacity of 50 horsepower or more which are specialized in cuttlefish catching may operate in offshore routes;
b/ Offshore fishing ships may not operate in coastal and inshore routes.
5. Fishing ships operating in inshore and offshore routes must be marked for identification. The Ministry of Fisheries shall specify the identification signs of fishing ships operating in inshore and offshore routes.
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