JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 72/1998/ND-CP OF SEPTEMBER 15, 1998 ON ENSURING SAFETY FOR FISHERMEN AND FISHING MEANS OPERATING ON THE SEA

In furtherance of the Government’s Decree No. 72/1998/ND-CP of September 15, 1998 on ensuring safety for fishermen and fishing means operating on the sea, the Ministry of Communications and Transport and the Ministry of Aquatic Resources hereby jointly guide the implementation of Article 10 and Article 11 of the said Decree. Concretely as follows:

I. ASSIGNMENT OF RESPONSIBILITY TO MANAGE FISHING MEANS:

1. Responsibilities of the Vietnam Maritime Bureau:

The Vietnam Maritime Bureau shall assist the Ministry of Communications and Transport in discharging its function to make registration of sea-going vessels as prescribed in the Government’s Decree No. 91/CP of August 23, 1997 and ensuring maritime safety as prescribed in the Government’s Decree No. 72/1998/ND-CP of September 15, 1998. More concretely:

1.1. To direct organization of Vietnam maritime safety assurance, strengthen the system of navigable lanes, signal buoys and lighthouses ensuring maritime safety and develop a project to put up typhoon signals on lighthouses in service of fishing activities and submit it to the Ministry of Communications and Transport for approval and implementation.

1.2. To direct the coastal communication stations to implement the regime of round-the-clock watch duty and process information on maritime safety emergency frequencies in accordance with the provisions of Vietnamese laws and international conventions.

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1.4. To coordinate with the Center for Coordination in Aquatic Resource Search and Rescue of in searching and rescuing fishermen and fishing means operating on the sea.

1.5. To coordinate with the Aquatic Resource Protection Department in formulating a training program and textbooks on maritime knowledge, international maritime laws, and programs on maritime safety assurance for propagation and education of fishermen through the mass media or training and fostering courses organized by the Aquatic Resource Service.

2. Responsibilities of the Vietnam Registry Department:

The Vietnam Registry Department shall assist the Ministry of Communications and Transport in discharging its function of State management over the registry work. More concretely:

2.1. To organize the examination and granting of technical safety certificates to fishing means with a designed waterline length of over 20 meters (including fishing means manufactured from new materials, with a designed waterline length of over 20 meters), foreign fishing means of all sizes operating in Vietnam, and Vietnamese fishing means of all sizes operating overseas.

2.2. To formulate and submit to the competent authorities for promulgation the technical processes, rules and criteria applicable in the designing, building, repairing, transformation, and in the use of fishing means, suited to the socio-economic conditions and actual capabilities of Vietnam’s fishing industry.

2.3. To uniformly manage the registry work in the whole country; to work out criteria and develop training programs, organize training courses and grant certificates of fishing means registry operation.

2.4. To formulate and issue guidance and forms to be used in the fishing means registry operation for nationwide application.

2.5. To coordinate with the Aquatic Resource Protection Department and the Vietnam Maritime Bureau in the registration management and fishing means registry operation.

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The Aquatic Resource Protection Department shall assist the Ministry of Aquatic Resources in discharging its function of State management over registration, registry and granting of operation permits to Vietnamese fishing means. More concretely:

3.1. To organize the registration and granting of operation permits to all fishing means and crew on board as prescribed in the Ordinance on Aquatic Resource Protection and Development and the Government’s Decree No. 91/CP of August 23, 1997.

3.2. To organize the examination and granting of technical safety certificates to Vietnamese fishing means operating in the country, which have a designed waterline length of 20 meters or less (including fishing means manufactured from new materials and with a designed waterline length of 20 meters or less).

3.3. To organize the propaganda among and provide guidance for fishermen to ensure safety when fishing on the sea.

3.4. To work out and organize the implementation of the Regulation on the management of operations of fishing means and crew on board.

3.5. To coordinate with the Vietnam Registry Department in working out technical processes, rules and criteria, providing guidance on their application; program for professional training in fishing means registry operation.

3.6. To coordinate with the Vietnam Registry Department in organizing training of fishing means registrars.

3.7. To build up the system of fishing means registry organization compatible with the general organization of the Vietnam Registry and submit it to the Ministry of Aquatic Resources for approval.

3.8. To coordinate with different branches and levels in organizing the coordination in the search and rescue of fishermen and fishing means operating on the sea.

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3.10. To develop the statistical and reporting regimes for management of the fishing means and crew registration and registry. To biennially publish the fishing means register which shall be updated annually.

3.11. To coordinate with the Vietnam Registry Department and the Vietnam Maritime Bureau in managing the fishing means registration and registry, and maritime safety assurance.

II. ORGANIZATION OF IMPLEMENTATION

To assign the Vietnam Maritime Bureau, the Vietnam Registry Department and the Aquatic Resource Protection Department to organize the strict implementation of the Government’s Decree No. 72/1998/ND-CP of September 15, 1998, circulars guiding the implementation thereof and make periodical reports on the implementation results to the two ministries.

To assign the Vietnam Registry Department and the Aquatic Resource Protection Department to coordinate in implementing the fishing means registry in strict accordance with the Government’s Decree No. 72/1998/ND-CP of September 15. If, in the course of implementation, any problems arise, the two departments are requested to promptly report them to the two ministries for settlement.

The amendment and supplement to the contents of this Circular shall be considered and decided by the Minister of Communications and Transport and the Minister of Aquatic Resources.

FOR THE MINISTER
OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER




La Ngoc Khue

FOR THE MINISTER OF AQUATIC RESOURCES
VICE MINISTER




Nguyen Ngoc Hong

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Thông tư liên tịch 600/1999/TTLT-BGTVT-BTS hướng dẫn Nghị định 72/1998/NĐ-CP về đảm bảo an toàn cho người và phương tiện nghề cá hoạt động trên biển do Bộ Giao thông vận tải - Bộ Thuỷ sản ban hành