|
DECREE No.
72/1998/ND-CP OF SEPTEMBER 15, 1998 ON ENSURING SAFETY FOR FISHERMEN
AND FISHERY MEANS ON THE SEA
-----------------------------------------------------
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30,
1992;
Pursuant to the Labor Code of June 23, 1994;
Pursuant to the Ordinance on the Flood and Storm Prevention and Combat
of March 20, 1993;
At
the proposal of the Minister of Aquatic Resources,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1:
This Decree shall
apply to Vietnamese fishermen and fishery means operating in the
Vietnamese sea areas. All those fishermen and fishery means shall have
to observe the provisions of this Decree and other relevant current
provisions of law.
Article 2:
The term used in
this Decree are construed as follows:
1.
“Fishery means” include: ships, boats and mobile and non-mobile
means on the sea used for fishery activities.
2.
“Fishery activities” mean such activities as exploiting,
processing and rearing aquatic products; logistic services; gathering
aquatic products; surveying, prospecting and inspecting, controlling the
protection of aquatic resources.
3.
The “means owner” is the owner, ship-master or manager of the
means.
Chapter II
CONDITIONS FOR
FISHERMEN AND FISHERY MEANS TO OPERATE ON THE SEA AND FISHERMEN’S
RESPONSIBILITIES
Article 3:
When operating on
the sea, fishery means shall have to carry the following papers and
fully meet the following conditions:
1.
The certificate of the fishing means registration.
2.
The certificate of technical safety of the means.
3.
The fishery activity permit.
4.
The register of the crew members (for means that require a
register of crew members).
Article 4:
An owner of
fishery means shall have to:
1.
Fully equip fishermen and fishery means with safety and rescue
facilities according to the prescribed criteria.
2.
Purchase insurance for the crew.
3.
Purchase insurance for ship hulls, regarding the offshore fishing
means.
4.
Elaborate and promulgate rules and processes for the safe use of
equipment and facilities on the means.
5.
Urge the ship-master to strictly abide by the reporting regime
when sailing out to sea and when returning to ports or berths in
accordance with the provisions of Clause 4, Article 6 of this Decree.
6.
Organize the fostering and dissemination of professional
knowledge on ensuring sailing safety for the crew members.
7.
Regularly grasp the number fo the crew members and means as well
as the sea area of operation of the means and report them to the
branch-managing ministry or the local authority of the place of
residence at the latter’s request; get ready to send his/her means to
undertake the task of flood and storm prevention and combat as well as
the task of search and rescue on the mobilization order of the competent
level.
Article 5:
A ship-master of
fishery means must obtain operating license corresponding to the size
and type of the means (for means which require license from the
ship-master).
Article 6:
A ship-master of
fishery means shall be the supreme commander aboard the means, having
the responsibility to regularly:
1.
Disseminate, guide and urge the crew members to implement the
regulation on safety while working on the sea; assign tasks to each crew
member and organize their practice of plans for ensuring safety.
2.
Check the crew members and means in term of safety equipment and
facilities, as well as insurance cards for crew members and the ship
hull before sailing.
3.
Abide by and urge the crew members to strictly abide by the rules
on the prevention of ships and/or boat collision during their operation
on sea.
4.
Declare the sea area of operation, the actual number of crew
members aboard the means and produce papers prescribed in Article 3 of
this Decree to the authorities of the ports of their departure and
arrival when sailing out to sea and returning to ports. Where a port
authority is not available, declaration shall be made with the People’s
Committee of the commune or ward where the means are anchored.
Article 7:
In case of a
storm, the ship-master shall have the responsibility:
1.
When the storm is far away: to notify the crew members of the
storm, at the same time check all safety equipment and constantly follow
the weather development forecast on the Radio Voice of Vietnam and the
Vietnam Television; to keep close contact with the commanding station
ashore and seek ways and means to notify other means operating in the
same area of the storm.
2.
When the storm is near: to inform the crew members of the near
storm, quickly order the gathering of fishing-nets and leave the fishing
place for the nearest storm, quickly order the gathering of fishing-nets
and leave the fishing place for the nearest storm-shelter; to promptly
notify other means operating in the same area of the storm.
3.
Upon hearing the urgent news on storm: To order the crew members
to wear personal life buoys, to ready all rescue equipment into their
proper places and promptly take the means to the nearest storm-shelter.
In case of emergency, the ship-master may also decide to abandon
fishing-nets so as to quickly take the means to the storm-shelter; to
mobilize his/her means and crew members for the rescue of men and/or
other means in distress.
4.
When the means are in a storm area: To directly personally
operate and command the means; to resort to every measures and
experiences in order to ensure safety for men and means. To promptly
inform radio stations ashore as well as the nearest means of the present
location of his/her means and give out signals of emergency when the
means are in distress; to take part in the rescue of men and other means
in distress.
5.
When the storm ends: To promptly report to the managing agency or
the administration of the commune or ward where they are residing or
where the means have moved to on his/her crew and means status, and at
the same time personally re-examine the safety conditions of the means
before sailing out to sea.
Article 8:
Conditions and
rights of the crew members working on fishery means:
1.
Aged full 18 years or more.
2.
To have good health and be able to swim as prescribed by the
Ministry of Aquatic Resources.
3.
To abide by the crew registration regime as prescribed and have a
“crew members’ register” (for crew members’ register” is required),
identity cards (for crew members working on means where the “crew
members’ register” is not required).
4.
To be professionally fostered and provided with knowledge about
ensuring sea-faring safety.
5.
To be entitled to refuse to take part in activities on the sea,
if the fishery means are not safe.
Article 9:
The crew members
working aboard fishery means shall have the responsibility to:
1.
Abide by the regulations on ensuring safety for men and means.
2.
Immediately report all accidents detected aboard their means and
other means to the ship-master and get ready to support or rescue men
and means in distress.
Chapter III
STATE MANAGEMENT
OVER FISHERY ACTIVITIES
Article 10:
The Ministry of
Aquatic Resources shall have the responsibility to:
1.
Set criteria on crew members’ posts and titles; organize the
training of fishery ship-master and chief mechanist and granting
licenses thereto; grant fishery crew registers.
2.
Issue fishing permits and registration papers of fishery means
and fishermen in accordance with the regulations of the State; conduct
examination and issue certificates of technical safety for fishery means
operating in the country, which has a designed length or waterline of
20m or less.
3.
Coordinate with the Central Steering Committee for Flood and
Storm Prevention and Combat in directing the flood and storm prevention
and combat and overcoming their consequences within the aquatic
resources branch.
4.
Coordinate with the National Committee for Air and Sea Search and
Rescue in directing the People’s Committees of the provinces and cities
directly under the Central Government as well as the attached units to
promptly organize search and rescue of fishermen and fishery means in
distress.
5.
Coordinate with the Ministry of Science, Technology and
Environment, the Ministry of Communications and Transport and the
relevant ministries and branches in revising, amending and supplementing
the current regulations on technical safety and rescue of fishermen and
fishery means suited to each water are and each type of means.
6.
Direct the aquatic resource protection inspectorate and the
provincial/municipal Departments of Aquatic Resources to coordinate with
such forces as border guards, coast guards and naval forces in regularly
inspecting and supervising activities of fishermen and fishing means on
the sea; to handle, according to its competence, cases where people and
means are not fully equipped with safety equipment, or insurance is not
purchased for the crew members and the ship(s) as prescribed.
Article 11:
1.
The Ministry of Communications and Transport shall perform the
function of State management over the technical safety of water means;
coordinate with the Ministry of Aquatic Resources in guiding the
management, inspection and issue of certificates of technical safety for
fishery means. It shall conduct examination and issue certificates of
technical safety for fishery means with the designated length of
waterline of over 20m, the means made of new materials, the foreign
fishery means operating aboard. It shall also regularly inspect and
consolidate the system of canals, marking buoys and lighthouses to
ensure maritime safety; direct the Vietnam Maritime Guaranty
Organization to post up storm signal on lighthouses when there is a
storm forecast; and inspect the ensuring of maritime safety for fishery
means.
2.
The Ministry of Defense shall assume the prime responsibility and
coordinate with the National Committee shall assume the prime
responsibility and coordinate with the National Committee for Flood and
Storm Prevention and Combat and the Ministry of Aquatic Resources in
firing storm warning signals at key canals, ports, berths and fishing
grounds in case of a storm; direct such forces as border guards, coast
guards, aquatic resource protection inspectorate and the local
administrations to closely manage sea lines, not allowing fishermen and
fishery means to sail out to sea when they are not fully equipped with
safety facilities and when there’s a storm notice; get ready together
with the localities to rescue men and means when accidents occur.
3.
The Ministry of Culture and Information shall direct the central
and local mass media agencies to promptly announce meteorological
weather forecasts; propagate among fishermen the necessity to observe
the regulations on ensuring safety for fishery activities on the sea.
4.
The Ministry of Planning and Investment and the Ministry of
Finance shall, according to their respective competence, guide the
elaboration of plans and application of the budget legislation for
investment and technical equipment in the flood and storm prevention and
combat activities, in the search and rescue work and in ensuring smooth
communications (including signals firing) when there is a storm.
The
Ministry of Finance shall coordinate with the Ministry of Aquatic
Resources in providing detailed guidance on the purchase of insurance
for the crew members and ship-hulls in accordance with the provisions of
Clause 2 and 3, Article 4 of this Decree; and promulgating the rules,
charges brackets as well as concrete levels of insurance responsibility.
5.
The General Department of Post and Telecommunications shall
coordinate with the Ministry of Aquatic Resources in planning the
communication network for the flood and storm prevention and combat, and
for search and rescue activities; directing the transmission and
broadcasting of weather forecasts in service of fishermen and fishery
means on the sea.
6.
The General Department of Meteorology and Hydrology shall have to
receive, follow and promptly announce meteorological and hydrological
information related to fishery activities. In case of any dangerous
meteorological phenomena (storm, low pressure, flood), it shall have to
fully comply with the storm and flood regulations.
7.
The Radio Voice of Vietnam, the Vietnam Television and the local
radio and television stations shall have to broadcast storm notices
issued by the General Department of Meteorology and Hydrology in
accordance with the regulations on storm notice; and orders issued by
the flood and storm prevention and combat agencies of different levels,
in order to serve the flood and strom prevention and combat command as
well as the evacuation of men and means operating on the sea to safe
sheltering and anchoring areas.
Article 12:
The People’s
Committees of the provinces and cities directly under the Central
Government shall have to direct the lower-level People’s Committees and
branches in their respective localities to perform the following tasks:
1.
To popularize and educate fishermen and owners of fishery means
about the benefits and importance of ensuring safety for fishermen and
fishery means operating on the sea areas managed by their respective
localities so that the latter can promptly take preventive measures; in
case of emergency, to strive to seek ways and means to take the
fishermen and fishery means operating on the sea to the safe sheltering
and anchoring areas.
To firmly grasp
the number and operation area of fishermen and fishery means under their
respective management; to promptly send storm notices to fishermen and
fishery means operating on the sea areas managed by their respective
localities so that the latter can promptly take preventive measures; in
case of emergency, to strive to seek ways means to take the fishermen
and fishery means operating on the sea to the safe sheltering and
anchoring areas.s
2.
To urge and inspect fishermen and fishery enterprises in their
respective localities in the observance of the State’s regulations on
ensuring safety for activities on the sea.
3.
To consolidate and build local fishing harbors, berths,
storm-shelter as well as storm-warning communications network.
4.
To promptly execute the orders of the Central Steering Committee
for Flood and Strom Prevention and Combat and the National Committee for
Air and Sea Search and Rescue in the flood and storm prevention and
combat as well as search and rescue activities; to direct the
investigation of accidents that occur on the locally-controlled sea
areas and organize the search and rescue of men and means, helping
fishermen quickly overcome the consequences and stabilize their life and
production activities.
5.
To promptly report on the activities of fishermen and fishery
means in locally-controlled sea areas, especially in the rainy and
stormy seasons.
Article 13:
The verification
of the list of the crew members onboard fishery means is stipulated as
follows:
1.
The list of the crew members onboard fishery means owned by
family households and managed by the commune/ward authorities shall be
verified by the president of the commune/ward People’s Committee.
2.
The list of the crew members onboard fishery means owned by
enterprises shall be verified by directors of such enterprises.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 14:
1.
Organizations and/or individuals with meritorious achievements in
ensuring safety for search and rescue of fishermen and fishery means on
the sea shall be commended and/or rewarded in accordance with the
current regulations of the State.
2.
Organizations and/or individuals that fail to comply with the
provisions of this Decree shall, depending on the nature and seriousness
of their violations, be dealt with in accordance with the current
provisions of law.
Article 15:
This Decree takes
effect 15 days after it signing. The Ministry of Aquatic Resources shall
coordinate with the concerned ministries and branches in guiding the
implementation of this Decree.
Article 16:
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies
attached to the Government and the presidents of the People’s Committee
of the provinces and cities directly under the Central Government shall
have to implement this Decree.
On behalf of the
Government
Prime Minister
PHAN VAN KHAI |
