DECREE

ENSURING SAFETY FOR PEOPLE AND SHIPS ENGAGED IN FISHERIESACTIVITIES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government datedDecember 25, 2001;
Pursuant to the Law on Fisheries dated November 26, 2003;
At the proposal of the Minister of Fisheries,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Regulation scope

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Article 2. Subjects of application

Vietnamese and foreign organizations and individualsconducting fisheries activities in the seas and other natural waters of Vietnammust all comply with the provisions of this Decree and relevant provisions oflaw.

Where international treaties to which the Socialist Republicof Vietnam is a signatory contain provisions different from those of thisDecree, the provisions of such international treaties shall apply.

Article 3. Interpretation of terms

1. Fishing ship owners mean organizations or individualsowning, managing or using fishing ships.

2. Captains are persons being commanders on fishing ships,for ships installed with a main engine of 20 horse powers or more or notinstalled with an engine but having a designed waterline of 15 meters or more.

3. Fishing ship operators are those who directly operatefishing ships, for ships installed with a main engine of under 20 horse powersor not installed with an engine and having a designed waterline of under 15meters.

4. Fishing ship crew members are those included in thecomplement of ships, including captains, officers and other title holdersarranged to work onboard ships.

5. Persons working onboard fishing ships are those other thancrew members: officials on public duty, scientific researchers, apprenticestudents.

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1. Assurance of safety for people and fishing ships must beconducted simultaneously with the tasks of observing the regulations ontechnical safety for fishing ships right at the time of building ships; ofbuilding and completing infrastructures in service of fishery (fish ports, fishwharfs, storm shelter anchorage zones and communication and informationsystem...); propagating, disseminating, educating law to fishermen andcommunities.

2. Assurance of safety for people and fishing ships is theresponsibility of fishermen and relevant agencies, organizations andindividuals.

Chapter II

RESPONSIBILITIES OF FISHING-SHIP OWNERS, CAPTAINS AND CREWMEMBERS IN SAFETY ASSURANCE

Article 5. For fishing-ship owners

1. To maintain fishing ships in the constant state of safety.

2. To provide adequate safety, rescue, information equipmentand personal protection means for people and fishing ships according to theprescribed norms. To elaborate and promulgate internal regulations andprocedures for use of safety equipment on fishing ships.

3. To sign labor contracts with crew members and workingpeople according to the provisions of law; to regularly grasp the number of crewmembers and persons working onboard fishing ships, sea areas where operatefishing ships and to report to the local fisheries management agencies of theplaces of their residence when so requested; to ready fishing ships for tasks offlood and storm prevention and fighting, and search and rescue upon mobilizationorders of competent authorities.

4. For offshore fishing ships, ship owners must buy crewaccident insurance and inform the fisheries management agencies of thelocalities where fishing ships are registered of the ships' radio frequencies.

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6. To foster, disseminate professional knowledge on assuranceof safety for crew members and persons working onboard fishing ships.

Article 6. For captains and ship operators

1. Regular responsibilities:

a) To disseminate, guide and urge crew members and personsworking onboard fishing ship to observe regulations on safety when workingonboard fishing ships; to assign tasks to every crew member and organize drillson safety plans for crew members and persons working onboard fishing ships;

b) To check crew members, persons working onboard fishingships and fishing ships regarding navigation facilities, safety equipment,papers of fishing ships and crew members before leaving ports;

c) To inform the operation areas of fishing ships, the numberof crew members and persons actually working onboard fishing ships and producepapers to competent bodies when so requested.

2. Responsibilities in cases of storms, floods:

a) To urge crew members and persons working onboard fishingships to be on watch and ready for maneuver in response to storms, floods andsupport of other fishing ships in distress;

b) When storms are distant: To notify such to crew membersand persons working onboard fishing ships and at the same time check safetyequipment and regularly follow weather forecast on the Radio Voice of Vietnam;to keep contact with coastal information stations and inform other fishing shipsoperating in the same areas thereof;

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d) Upon emergency news on storms: To order crew members andpersons working onboard fishing ships to put on life-jackets, to place emergencyequipment on standby ready for rescue and take fishing ships to the nearest safeplaces; to maneuver fishing ships and crew members, persons working onboardfishing ships for rescue upon detection of persons and other fishing ships indistress;

In force majeure cases, captains may decide to applyurgent measures to take their fishing ships to safe areas.

e) When fishing ships are in storm-hit areas: To personallyoperate and command their ships; to resort to all measures and experience toensure safety for people and fishing ships. To promptly inform the coastalinformation stations and nearest fishing ships of the positions where theirships are operating and send out SOS signals when the means are in distress; toparticipate in rescue when detecting people and fishing ships in distress;

f) When storms abate: To promptly report to ship owners, theadministrations of the localities where they reside or where their fishing shipsmove to on the conditions of persons and their fishing ships, and at the sametime re-examine the safety conditions of fishing ships before resumption ofoperation.

3. Responsibilities in other cases:

a) When detecting other fishing ships in distress, to operatetheir ships to provide timely support and rescue and inform the nearest coastalinformation stations thereof;

b) To strictly abide by competent authorities' orders onmaneuver of ships for search and rescue tasks;

c) When their ships are in distress, to take timely rescuemeasures and at the same time notify the nearest coastal information stationsthereof.

Article 7. For crew members

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a) Having good health;

b) Having professional diplomas or certificates suitable totheir titles corresponding to fishing ship sizes and types prescribed by theMinistry of Fisheries;

c) Crew members working onboard fishing ships of theprescribed types must possess crew member accident insurance certificates.

2. Responsibilities and rights of crew members:

a) To abide by the regulations on safety for persons andfishing ships, obey the orders of captains upon the occurrence of storms andabide by other provisions of law;

b) Upon detection of accidents onboard their fishing ships orother fishing ships, to immediately report them to the captains;

c) To strictly comply with the provisions of law on laborcontracts;

d) To refuse working onboard fishing ships if such ships failto fully satisfy the safety conditions.

Article 8. For persons working onboard fishing ships

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a) Having good health;

b) Having competent agencies' decisions, introduction papersto work onboard fishing ships;

c) Having knowledge about regulations on safety assurance.

2. Responsibilities and rights of working persons:

a) To abide by regulations on safety for people and fishingships;

b) To obey the captains' orders and abide by other provisionsof law;

c) Upon detection of accidents onboard their fishing ships orother fishing ships, to immediately report them to the captains;

d) To refuse working onboard fishing ships if such ships failto fully satisfy the safety conditions.

Article 9. Ensuring safety for fishing ships

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a) To have adequate safety equipment and facilities;

b) To have adequate staff with different titles;

c) To have all kinds of paper required for ships and peopleonboard;

d) To operate only in accordance with the contents alreadylicensed or registered;

e) To strictly comply with the rules on inland waterwaytraffic safety and navigation safety.

2. Fishing ships subject to registry can operate only afterthey have gone through registry, ship and crew registration and been granted theprescribed papers by competent agencies.

3. For fishing ships not subject to registry, ship ownersmust bear self-responsibility for the technical safety of their fishing ships.

Chapter III

REGISTRY OF FISHING SHIPS, REGISTRATION OF FISHING SHIPS ANDCREW MEMBERS

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1. Fishing ships of the following types shall be subject toregistry:

a) Ships installed with a main engine of 20 horse powers ormore each or not installed with an engine but having a designed waterline of 15meters or over;

b) Fishing rafts and other floating structures in service offisheries activities on lakes, rivers or seas, with a capacity of 50 m³or more.

2. The following equipment and facilities installed on shipsshall be subject to registry:

a) Maritime and life safety equipment and facilities;

b) Aquatic resource-exploiting equipment and facilities;

c) Equipment and facilities subject to strict safetyrequirements.

Article 11. Fishing ship registration

1. All fishing ships must be registered.

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3. Fishing ships of the following types shall be grantedregistration certificates:

a) Ships installed with main engines of 20 horse powers ormore each or not installed with engines but having a designed waterline of 15mor over;

b) Fishing rafts and other floating structures in service offisheries activities on lakes, rivers or seas with total capacity of 50m³or more.

4. For fishing ships of other types, except those mentionedin Clause 3 of this Article, after making registration thereof, the registrationoffices shall record them in registers for management.

5. Conditions for fishing ship registration:

a) Fishing ships of lawful origin; having competent fisheriesmanagement bodies' documents approving the building or transformation of fishingships;

b) Ensuring technical safety according to the provisions oflaw.

6. Fishing ships may be re-registered upon transfer ofownership, changes in technical properties, change of owner's headquarter orchange of owner's permanent residence registration to other provinces orcentrally-run cities.

7. Fishing ship owners must make declaration for deletion offishing ship registration in cases where their fishing ships are missing,wrecked or destroyed.

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1. Crew members working onboard fishing ships provided for inClause 3, Article 11 of this Decree must observe the regime of crew memberregistration.

2. Crew members working on board fishing ships of thefollowing types must possess crew books:

a) Fishing ships of total main engine capacity of 90 horsepowers or more;

b) Fisheries inspection ships, resource-investigating ships,marine research ships.

3. Crew members onboard ships operating inshore and offshoremust be named in the crew books.

4. Crew members on board fishing ships other than thosedefined in Clauses 2 and 3 of this Article must be listed by ship ownersthemselves for declaration and the lists thereof must be carried along on boardthe ships.

Article 13. Responsibilities of agencies, individuals inregistry, registration of fishing ships and crew members

1. Fishing ship owners have the responsibilities to:

a) Make registry, registration of fishing ships and crewmembers according to the provisions of law;

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c) Maintain the technical conditions and safety standards offishing ships according to standards provided for between two inspections.

2. Fishing ship registry agencies must inspect the technicalsafety of fishing ships according branch or Vietnamese norms, standards. Headsof fishing ship registry agencies and persons directly inspecting the technicalsafety must bear responsibility for the inspection results.

3. Fishing ship registry agencies, fishing ship and crewmember registration offices shall, according to their competence, have to makeregistry, registration of fishing ships and crew members strictly according tolaw provisions.

Chapter IV

RESPONSIBILITIES OF AGENCIES PERFORMING THE STATE MANAGEMENTOVER SAFETY FOR PEOPLE AND FISHING SHIPS ENGAGED IN FISHERIES ACTIVITIES

Article 14. Responsibilities of the Ministry of Fisheries

1. To perform the function of state management over safetyfor people and fishing ships engaged in fisheries activities; organize theregistry of fishing ships, the registration of fishing ships and crew membersand to license aquatic resource exploitation according to its competence; toguide provincial/municipal People's Committees in making registration andregistry for fishing ships and crew members according to their competence.

2. To specify:

a) The organization, operation and competence of registryagencies, fishing ship and crew member registration offices;

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c) Dossiers, forms of papers used in registry, registrationof fishing ship and crew members;

d) The grant of papers (books) certifying technical safety offishing ships; granting of crew books;

e) Model number plates of fishing ships for usenationwide.

f) Title and position criteria, number of crew members foreach type of fishing ships; branch standards applicable to fishing ships;

g) The regime of training, testing and granting certificatesto crew members for corresponding types of fishing ship;

h) Conditions on safety for people and fishing ships notsubject to registry.

3. To coordinate with ministries, branches,provincial/municipal People's Committees in organizing, directing activities ofensuring safety for people and fishing ships; prevent and fight floods andstorms, conduct search and rescue and overcome consequences and at the same timecontribute to maintaining security and order in water areas.

4. To assume the prime responsibility for, and coordinatewith the concerned ministries and branches in, formulating, and organizing theimplementation of, program on assurance of safety for people and means engagedin fisheries activities.

Article 15. Responsibilities of the concerned ministries,branches

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2. The Ministry of Defense shall assume the primeresponsibility for, and coordinate with the National Committee for Search andRescue and the Central Committee for Flood and Storm Prevention and Fighting in,firing storm signals at key river months, ports, fish wharfs and fishing groundswhen storms appear; direct the border-guard, coast-guard forces to coordinatewith police forces, aquatic resource protection inspectorates and localadministrations in strictly controlling fisheries activities by people andfishing ships, resolutely not permitting them to conduct fisheries activitieswhen they are not fully equipped with safety facilities; to provide timelyrescue to people and fishing ships in case of necessity.

3. The Ministry of Natural Resources and Environment, theMinistry of Culture and Information, the Radio Voice of Vietnam, VietnamTelevision Station and local radio and television stations shall have toreceive, follow and promptly announce climatic and hydrographic informationrelated to fisheries activities.

Article 16. Responsibilities of provincial/municipalPeople's Committees

1. To propagate and educate fishermen and fishing ship ownersabout the benefits and importance of the full furbishing of safety equipment andthe purchase of crew accident insurance in order to ensure safety for people andfishing ships engaged in fisheries activities; to train fishermen in knowledgeand operation to ensure fishing safety.

2. To direct professional agencies in organizing theregistration of fishing ships, registration of crew members; examine and granttechnical safety certificates to fishing ships according to regulations; tolicense aquatic resource exploitation.

3. To organize and direct the development of production, andat the same time ensure safety for people and fishing ships, maintain securityand order in water areas assigned to them for management.

4. To promptly realize the orders of the Central Committeefor Flood and Storm Prevention and Fighting and the National Committee forSearch and Rescue; to firmly grasp the number of people and fishing ships aswell as their operation areas; to promptly notify the weather situation topeople and fishing ships operating in water areas assigned to them formanagement; to organize search and rescue, help fishermen quickly overcomeconsequences and stabilize their production and lives.

5. To formulate plannings and organize the implementation ofplannings on construction of fish ports, fish wharfs, storm-sheltering areas forfishing ships, the local storm-warning systems.

Chapter V

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Article 17. Implementation effect

This Decree replaces the Government's Decree No.72/1998/ND-CP dated September 15, 1998, on ensuring safety for people andfishing ships operating on sea, Decree No. 80/2002/ND-CP dated October 15, 2002,amending and supplementing a number of articles of Decree No. 72/1998/ND-CPdated September 15, 1998, and the fishing ship registration and registryprovisions of the Government's Decree No. 91/CP dated August 23, 1997,promulgating the Regulation on fishing ship and crew member registration.

This Decree takes effect 15 days after its publication in''CONG BAO.''

Article 18. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads ofGovernment-attached agencies, and presidents of provincial/municipal People'sCommittees shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

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GUIDING THE IMPLEMENTATION OF A NUMBER OF ISSUES RELATING TO COMMERCIAL ACTIVITIES STIPULATED IN THE REGULATION ON LAO BAO SPECIAL TRADE-ECONOMIC ZONE, QUANG TRI PROVINCE ISSUED TOGETHER WITH DECISION NO. 11/2005/QD-TTG DATED JANUARY 12, 2005 OF THE PRIME MINISTER

In furtherance of Decision No. 11/2005/QD-TTg dated January 12, 2005 of the Prime Minister on promulgating the Regulation on Lao Bao special trade-economic zone, Quang Tri province, the Ministry of Trade hereby guides the implementation of a number of issues relating to the commercial activities stipulated in Chapter II of the Regulation on Lao Bao special trade-economic zone as follows:

I. SUBJECTS OF COMMERCIAL ACTIVITIES AT LAO BAO SPECIAL TRADE-ECONOMIC ZONE

1. Enterprises of all economic sectors having head offices in Lao Bao special trade-economic zone and the branches of these enterprises in Lao Bao special trade-economic zone are granted business registration certificates by the competent agencies.

2. Foreign-invested enterprises and the branches of foreign-invested enterprises in Lao Bao special trade-economic zone are granted investment licenses in Lao Bao special trade-economic zone by the competent agencies.

3. Branches of foreign traders (enterprises) are granted establishment licenses in Lao Bao special trade-economic zone by the competent agencies.

Subjects of commercial activities at Lao Bao special trade-economic zone according to the Sections 1, 2 and 3 above, hereinafter referred to as the business enterprises in Lao Bao special trade-economic zone.

4. Individuals engaged in business activities are granted business registration certificates in Lao Bao special trade-economic zone by the competent agencies.

II. COMMERCIAL ACTIVITIES AT LAO BAO SPECIAL TRADE-ECONOMIC ZONE

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a. Enterprises doing business in Lao Bao special trade-economic zone may import and export goods according to their business demands and in compatibility with the business lines prescribed in their business registration certificates, investment licenses, and their branch establishment licenses excluding goods on the List of goods banned from import and/or export in accordance with the current provisions of Vietnams laws;

Individuals doing business in Lao Bao special trade-economic zone may import and export goods with domestic market according to their business demands and in compatibility with the business lines prescribed in their business registration certificates, investment licenses and their branch establishment licenses excluding goods on the List of goods banned from import and/or export in accordance with the current provisions of Vietnams laws;

b. For import and export of goods on Vietnams List of goods banned from import and/or export but not on Laos List or international lists, the enterprises doing business in Lao Bao special trade-economic zone must send their requests therefor to the Management Board of Lao Bao special trade-economic zone for submission to the Prime Minister and may carry out those import and export activities only after obtaining the written permission of the Prime Minister.

c. For import and export of goods with foreign countries, including quota-regulated goods, goods subjects to specialized management, and goods subjects to separate regulations of the Government, the enterprises doing business in Lao Bao special trade-economic zone must send their written requests to the Management Board of Lao Bao special trade-economic zone for further submission to the Ministry of Trade, specialized managing ministries and the Prime Minister and may carry out those import and export activities only after obtaining the written permissions of the Ministry of Trade, specialized managing ministries or the Prime Minister.

For goods imported and exported under the licenses of the Ministry of Trade, the enterprises doing business in Lao Bao special trade-economic zone must only send written requests to the Management Board of Lao Bao special trade-economic zone and may carry out those activities after obtaining the written consents of the Management Board of Lao Bao special trade-economic zone.

d. Goods from Vietnams inland exported into Lao Bao special trade-economic zone and goods from Lao Bao special trade-economic zone imported into the Vietnams inland via the border gate between Lao Bao special trade-economic zone and the Vietnams inland must go through all the customs procedures and be subject to the customs offices inspection and supervision of in accordance with current provisions of Vietnams laws on import and export goods.

Farm produce turned out by residents and goods produced and/or processed in Lao Bao special trade-economic zone without using raw materials or components imported from foreign countries, when being imported into Vietnams inland, shall be exempt from customs procedures.

The Peoples Committee of Quang Tri province shall publicize the List of goods exempt from the above-mentioned customs procedures.

e. Goods exported from Lao Bao special trade-economic zone to foreign countries and goods imported from foreign countries into Lao Bao special trade-economic zone via the border gate between Lao Bao special trade-economic zone and Laos shall be subject to customs offices supervision for goods banned from import and export.

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2. Trading in temporary import for re-export

a. Enterprises doing business in Lao Bao special trade-economic zone may trade in temporary import for re-export of goods.

Trading in temporary import for re-export of goods in the List of goods banned from export, import, goods temporarily ceased from export, goods temporarily ceased from import according to current provisions of Vietnams laws, the enterprises doing business in Lao Bao special trade-economic zone must send their written requests to the Management Board of Lao Bao special trade-economic zone and may carry out their business activities after obtaining written consents of the Management Board of Lao Bao special trade-economic zone.

b. Trading in temporary import for re-export includes:

- Import of goods from foreign countries to export to foreign countries with carrying out procedures for the import of goods to Lao Bao special trade-economic zone and procedures for the export of those goods from Lao Bao special trade-economic zone. The customs procedures for the import and export of those goods shall comply with the guidance of the Ministry of Finance.

- Import of goods from Vietnams inland to export to foreign countries or import of goods from foreign countries to export to Vietnams inland with carrying out procedures for the import of goods to Lao Bao special trade-economic zone and procedures for the export of those goods from Lao Bao special trade-economic zone. The customs procedures for the import and export of those goods shall comply with the guidance of the Ministry of Finance.

3. Trading in border gate transshipment of goods

a. Enterprises doing business in Lao Bao special trade-economic zone may trade in border gate transshipment of goods.

b. Trading in border gate transshipment of goods includes:

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- The purchase of goods from foreign countries to export to Vietnams inland without carrying out procedures for the import of those goods into Lao Bao special trade-economic zone.

- The purchase of goods from Vietnams inland to export to foreign countries without carrying out procedures for the import of those goods into Lao Bao special trade-economic zone.

c. Trading in border gate transshipment via Vietnam border gate must be subject to the customs offices supervision in accordance with current provisions of Vietnams laws.

4. Transit of goods via Lao Bao special trade-economic zone

a. Enterprises doing business in forwarding and transport services in Lao Bao special trade-economic zone may trade in transportation services for transit goods via Lao Bao special trade-economic zone.

b. The transit of goods from foreign countries via Lao Bao special trade-economic zone to foreign countries shall comply with current provisions of Vietnams laws.

c. Goods of Vietnams inland enterprises exported to foreign countries via Lao Bao special trade-economic zone or goods from foreign countries imported into Vietnams inland must go through customs procedures in accordance with the guidance of the Ministry of Finance.

5. Processing of goods

a. Enterprises doing business in Lao Bao special trade-economic zone may process goods for foreign countries and for Vietnams inland without restriction on the quantity and categories of processed goods.

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The processing of goods on the List of goods banned from import and export and temporarily ceased from import and export in accordance with current provisions of Vietnams laws, enterprises and individuals doing business in Lao Bao special trade-economic zone may sign contracts only after sending their written requests to the Management Board of Lao Bao special trade-economic zone and obtaining the written consents of the Management Board of Lao Bao special trade-economic zone.

b. Enterprises doing business in the Lao Bao special trade-economic zone may order the processing of goods in foreign countries and in Vietnams inland for goods not in the List of goods banned from circulation for trading in accordance with current provisions of Vietnams laws.

Individuals doing business in the Lao Bao special trade-economic zone may order the processing of goods in foreign countries and in Vietnams inland for the goods not on the List of goods banned from circulation for trading in accordance with current provisions of Vietnams laws.

III. GOODS CIRCULATED AND TRADED IN LAO BAO SPECIAL TRADE-ECONOMIC ZONE

1. Goods of all kinds shall be freely circulated and traded in Lao Bao special trade-economic zone, except for goods on the List of goods banned from circulation in accordance to current provisions of Vietnams laws.

2. Goods on the List of goods subject to restricted business under the current provisions of Vietnams laws.

a. For goods subject to the special restricted business, enterprises and individuals doing business in Lao Bao special trade-economic zone must send their written requests to the Management Board of Lao Bao special trade-economic zone to obtain opinions from the specialized managing ministries and may carry out their business after obtaining the business licenses of the specialized managing ministries.

b. For goods subject to the restricted business, enterprises and individuals doing business in Lao Bao special trade-economic zone must send their written requests to the Management Board of Lao Bao special trade-economic zone and may carry out their business after obtaining the written consents of the Management Board of Lao Bao special trade-economic zone.

3. Goods in the List of goods subject to the conditional business under the current provisions of Vietnams laws.

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b. For goods not requiring the business eligibility certificates, enterprises and individuals doing business in Lao Bao special trade-economic zone may carry out their business after meeting all the conditions in accordance with the current provisions of Vietnams laws.

IV. IMPLEMENTATION PROVISIONS

This Circular takes effect 15 days after its publication in the CONG BAO and replaces Circular No. 11/1999/TT-BTM dated May 11, 1999 guiding the implementation of Decision No. 219/1998/QD-TTg dated November 12, 1998 of the Prime Minister issuing the Regulation on Lao Bao trade-economic development encouragement zone, Quang Tri province.

Nghị định 66/2005/NĐ-CP về bảo đảm an toàn cho người và tàu đánh cá hoạt động thuỷ sản