THE MjNISTRY OF FISHERIES

CIRCULAR No. O2/2004/rT-BTS OF MARCH 22,2004 GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE No. 70/2003/ NO-CP OF JUNE 17, 2003 WHICH PRESCRIBES THE SANCTIONING OF ADM~NISTRATIVE VfDCATIONS IN THE FISHERY DOMAIN

Un d u e t 7,2003, the #okefam@fff pramu/gated

Decree No. 70EOWfdD-Ce prmcdbhg sanctions against administrative vida €/ans in the fishery

ddma,n (hereha fief ca#& Dpcr~e 70 !I% sb~fl).

Pursuant to Article 3 1 a# the Deer#@, the Ministty of FiSherles hereby guides a numbpf dpolnts as follaws;

l. REGARDING GENERAL PROVISIONS

1. Regu\ation scope ahd subjects to be sanctioned

al Regulation $Cop8 qf Oeoree 70

Decree 70 prescribes violation acts; sanctioning

forms, levels, competence and procedures; as well

as remedial measures in the sanctioning of

administrative-violation acts in the fishety domain

in territorial regions, exdusive economic zones and

continental shelf of the Socialist Repubhc of

Vietnam.

b/ Subjects to be administratively sanctioned

shall comply w ~ t h Article 6 of the Ordinance on

Handling of Administrative Violations and Article 2

ot Decree 70.

NO. 02 (04-4-2004) OFFICIAL GAZEUE

2, Sanctioning principles, aggravating and habitat of aquatlc species:

extenuating circumstances, ways of calculating Acts polluting habitats of aquatic

time limits statute Of Ior shall, depending on the pollution extent and the sanctioning administrative violations: polluted water acreage, be sanctioned according

a/ Principles for sanctioning administrative to Clause 1, Article 8 of Decree 70. The criteria for

violations shall comply with the provisions of Article determining the a~tent of water area poltution shal

3 of the Ordinance on Handling of Administrative be based on permitted concentration limit of some

" ..,

rate shall be cl +h& dqteriviiiqiidh bf extenucrths .and

as@avaiwi$hacms!a&~ shall WmPlY with me provisiond'pf~@~es a an6 P bl fhe Ordinance on

Handling 01 K + @ ~ t r i l t i ~ Violations and sp6clflo guidance in A&-\& O( ~ecree'! 34.

cl/ The time lihit for being cansidered not yet 01/2060/~t.~~$'0f ~ p t i l 28, 2000.

sanctioned for adrninlstrefive violations shall The of aquatic species with sires comply with the provisions of Afljcle 7 of b e m e being smner than ihe minimum sizes permined 134. (or mixed e~ploitation shalt not exceed l 5% of the

e/The ways of cakulaling time limits and statute OUtPUt a Or of the of a

of limitations in sanctioning administrative violations fishing trip. It this percentage is exceeded, the

are prescribed in Article 9 of Decree 134. aquatic resource exploiters shall be sanctioned.

b/ Acts of exploiting aquatic species in areas

1 1 . BASES FOR DETEWM{MIM@ a NUMBER banned from exploitation or being in the period of

OF VlOkATlON ACTS exploitation ban shall be sanctioned according to

Ctause 2, Article 9 of Decree 70:

f . Wotatiun of regulatio~is o!i protection of - The exploitation ban period for sume aquatic

OFFICIAL GAZETTE NO. 02 (04-4-2004)

species is prescribed in Table 8A to the Fisheries fish cages, hecks, weirs, traps, .. . for aquatic

Ministry's Circular No. 01/2000~T-0TS of April 28, resource exploitation shall be prescribed by the

2000. agencies granting permits for aquatic resource

-Areas banned from exploitation are prescribed

in Table 1 OA to the Fisheries Ministry's Circular No.

01/2000rTT-BTS of April 28, 2000.

- Jobs banned from being carried out at some exploitation lines are prescribed at Point d, Clause 5.2, Section H of the Fisheries Minlgtry'a Circular No. 02/2002m-f3TS of December 6,2002 guidihg the implementation of the Govo~nrnent'S Oscree No. 86/2001/ND-CP of November 16, 2001 an conditions for conductirlg a q u a t f ~ resource production and business lines (hereinafter called Decree 86 for short).

c/ A C ~ S of exploiting aquatic species on the IiBf of those banned from exploitatibrl shalt be sanctioned according to Clause 3, Arilcle Q of Decree 70. The list of aquatia ~poaiss, bannett fidm exploitation is prescribed in Table J A td' the Fisheries Ministry's Circular No. OI/~OCIO~T-BTS of April 28, 2000.

d/ Additional regulatl~rls of the provirrcia tFleval People's Committees on contents mentioned in Clause 3, Article 8 of the November 26, 2903 Law on Fisheries, which have been agreed upon by the Fisheries Ministry, shalt also serve as bases far

determining acts of violating the regulations on

aqua tic resource protection.

b/ The use of searchlights in aquatic resource

exploitation for same exploitation jobs and locations for placing searchlights are prescribed

at Point G, Clause 3, Section ! I of the Fishery Ministry's Circular No. 02/2002/TT-BTS of Qecember 6, 2002,

dDlmensions of fishing nets' meshes permitted

for Use for some types of Jobs are prescribed in

%bks 3Aand 3B to the Fisheries Ministry's Circular Nb. 01/200d/TT-BTS of April 28, 2DOO.

d/ Petmits for aquatic resauree expl6ihti~n shall be uniformly granted nationwide to aquatic r@$durce expioitati~n jobs (except for those

prescribed in Appndix No. 1 to DecW 86) by the

Department for Aquatic Resource Exploitatibfl and ProtOction (the Ministry of Flsheties) and t he provincial Sub-Department8 for Aquatib Resource Protection. The form of permit fur aquatic: resource axploltation is prescribed in Appendix No. 2 to

Decree 86.

The duration of permits for aguatio resource

exploitation is prescribed at Point 6, Clause 2,

Sectlon II of the Fisheries Ministry's Circular No.

02/2002n'T-BTS of December 6, 2002.

e l The regulations on aquat ic resource 3 m Of regu' at ions On aquatic exploitation reporting and expiaifation diaries shail

resource exploitation: comply with the Law on Fisheries and its guiding

Acts of violating the regulations on aquatic documents when the Law on Fisheries takes effect.

resource exploitation shall be sanctioned according f/Only acts of using hand-carried electric shock-

to Article 10 of Decree 70. The Ministry of Fisheries generating devices to exploit natural aquatic

~ e r e b y guides the application of a number of resources shall be sanctioned according lo the

egulations as follows: provisions of Point c, Clause 2 and Point b, Clause

a/ Locations for placing fjshing gears such as 5 , Article 10 of Decree 70. Natural aquatic

MO. 02 (04-4-2004) OFFICIAL GAZETTE

resources mean aquatic resources in water areas, c/ Crew members working on fishing ships who

submerged land surfaces and land parts of aquajic must have crew members' books shall comply with species' habitats which do not belong to the provisions of Article 6 of the Regulation on

organizations' or individuals' legal use right for registry of fishing ships and registration of fishing

cuftute or exploitation of cultured aquatic resources ships and crew members, promulgated together (according to the Civil Code). with the Fisheries Minister's Decision No. 494/

2001 /QD-BTS of June -15,2001 . g1 Specialized aquatb resourca jp~p@cfors, ' :

while performing their ofRe@l -d@e&. C. . , ;f&&CtihB . .. i.d/ Aquetio resource exploitation praotiiioners or . *

acts d stodng , tradng [n, w$dwfiw . a " m A + +F w&ive8 , . c ~?~"b*+f$,& fishing ships, who have no

or toxic 4 h e m i c s j ~ ~ o ~ d ~ e ~ g+q#l& ppgurm fj$hlQj q ~ c members1 books (for crew - j j *,g.* " V

expl~ilatjon, 95 qquhfio k$i$ i~ 8 , . r7 A*,$ L ,

on the list v s - = , dM:g-@%#&~froill ,

, ' , ,

'I/ A!! shb$ and: b~ats, being put to use,

muit be + > .iegi&rewd;.,r&$p @hips are subject to istr try' &tc@lhg G,'& piavisions of Clause 1 . Patt A, ~ s & n 11 pi the ~ i i $ ~ r i e s Ministry's Circular . Oll& 04m- *fgOt Jan vary 2004 guiding

as follows: the implemnkition of Clause 1, Article 1 oi the

id F& hygiene aod safe wnditions ~n fishing Government's Decree No. 80120021ND-CP of

ships ate prescribed in branoh aQndard 28 T@N Qotober 16,2002 which amends and supplements

135: 1999. a number of arficles of Decree No. 72119981ND-

CP of September 15, 1998 on ensuring safety for b/ The regulaiions on equipment for ensuring

fishermen and fishing means operating on the sea. safety for fishermen and fishing means shall comply with the Fisheries Ministry's Circular No. 05/1998/ g/ Fishing ships which must have design

TT-BTS of December 29, 1998 guiding the dossiers upon modif ication o r building a re

implementation of the Government's Decree No, pr~scribed in Articles 7 and 15 of the Regulation

72/1998/ND-CP of September 15, 1998 on o n r a g i s t ~ o f f i ~ h i ~ g ~ h i p ~ a n d r e g i ~ t r a t i ~ n o f f i ~ h i n ~

ensuring safety for fishermen and fishing means ships and crew members, promulgated together

operafing on the sea. with the Fisheries Minister's Decision No. 494/

OFFICIAL GAZETTE NO. 02 (04-4-2804)

200 1 /QD-BTS of June 15,200 1 and lhe Fisheries Circular No. 02/2002/TMTS of December 6,2002.

Ministry's Circular No. 01/2004/TT-BTS of January aquatic breeds with

15, 2004. exceeding 15% of those inscribed in the quarantine

h/ Other specific provisions on fishing ship and certificates shall be sanctioned according to Point

crew member registry and registration shall comply a, Clause 2, Article 12 of Decree 70.

wifh the ~egulafion on registry of fishing ships and f/The list of aquatic resourns (including breeds) registration of fishing ships and crew members, permitted far usual import and list of those banned pr~rnulgated together with the Fisheries Minister's from export rfiall comply with the Fisheries D B E ~ S I O ~ NO. 494/200?/QD-B~~ of June 1% 2001 . ~ i n i s t ~ ' ~ regulafl~ns bn specialized aquatic goods

exdod and irl'lparl management. 5. Violation of regulatiorra on squaaulf Ure:

g/ The u9e oi'aqllatic feeds, Chemicals and Acts of violating the regulations on aquaculture veterinary drug$ comply with the provisions

shall be sanctioned according to Articles from 12 at POint 2.2, Claus 2, section i l l qt the Fisheries thru 14 O f Declee 70. the Ministry of Fisheries Ministry's Circular NO, O~/~?~~/TT.BTS of hereby guides %D appkaibn ~f some ~eguh t iOn~ December 6, 2602. as foffows:

h f The FfegulafioPl on management of the a/ Some 1t4flSlalpG$ Qn veterinary sanifatiQn and environment of the concentrated shri~p-r98ring

environmental protection for bleeding areas is pro&ylg&ted tqg~ther with the Plsheries

eslabllshmerit~ a n ~kasqribsd in brqnch gfandbw Minister's oeojsian No, o4/2002/QO~BTS of 28 TCN 173: 9001. Januaty 24,2002.

Some stanaards Qn conditions tor ensuring j,The regulations f in inspectjon recognifjan food hygiene and&afetyfor shrirhp and fish-rearing of aq~acultura asliahBshrnents meetlng Ihe iood eshblishrnenfs and bivalve m0llusk-harvesting hygiene and sa&ty bornply the 'OneS are prescribed branch standards 28 TCN Regulation on insl)ection and recognition of aquatic ' 2004p 28 TCN I g 1 ' 2004y 28 TCN 20Q4 regource business e$hbllshments meeting the food -

hygiene and safety skrtdards promulgakd together

PrOfeSSional qualifications managerial with the Fisherieg Ministry's Decision No. 649/2000/

cadres and technical workers of breeding QD-BTS of August C, 2000 (hereinafter called

establishments are prescribed in Clause 3, Article Regulation 649 for short).

9 of Decree 86. j/ The Regulation on testing of aquatic breeds,

,j/ Aquatic breed quality shall comply pith the feeds. drugs. chemicals and bio-preparations used

pravisions in the fishery branch standards issued in aquaoult~re is issued together with the Fisheries

by the Ministry at Fisheries. Ministry's Decision No. 18/2002/QD-BTS of May

24, 2002. E / The inspection and quarantine of aquatic

?reeds shall comply with the prcvisions at Pornt c, U The Regulation on control of toxic residues

Iause 1 , Section I I I af the Fisheries Ministry's in aquatic animals and animal products is issued

NO. 02 (04-4-2004) OFFICIAL GAZETTE

together with the fisheries Ministry's Decision No, and disinfectants permitted for use in processing

1 5/2002/QD-BTS of May 1 7, 2002. is prescribed in the Health Minister's Decision No.

3742/2001/QD-8YT of August 3 1,2001 and branch V The regujations on epidemi~ prevention shall 28 TCN 156: 2000 Regulations on the

comply with Section 11 of Circular NO. 02 TSnT of ,,,@ ,f food additives in aquatic resource

June 25, 1994 guiding the implementation of the

Government's Decree No. 93/CP of November 27, 1 993 m veterinary work for aquatia aflif?Ials and f / f he regulations on professional qualifications

the products thereof. ~ f , t e & ~ i c $ l cadres or personnel of aquatic refiPb&&-iod~$trlaIly processing establishments

B. Y i ~ ! a t i o ? ~ f $ g ~ & l l q ~ ~ . ~ h ~ ~ ~ ~ t ~ ~ 6 h ~ ! l ~ ~ ~ : ~ & 9 u 5 8 ~ 1 ~ ~ ~ ~ l ~ I' OfDeCreg

resource p r * ~ ' No- Be, L.L 63 . F R > - . \7t~&: % , ,

'material evidences

resqproes #$ wtujned to their owners or handid $b~oy&lfAg to dther law provisions.

dThe system of quali'$ management for aquatic

resource-industrialb pto;c&sing e$ablishrr\efit$ h/ Acts oi OOileeting, preserving, transporting,

shall comply with branch skndkrd 3 TCN 129: proc&s3ihg &d/or consuming puffer or puffer 1998 Aqua tic resource-processing establishmentS- products shall be sanctioned according to the - Program for quality mariagernent and food safety provisions at Pblnt e, Clause 5 of Article I 5 and according to HACCP. Point d, Clause 4 of Article l 8 of Decree 70; goods

and material evidences used in violations are d/ The list of banned additives, chemicals, subject to forcible destruction+

detergents , disinfectants and impurit ies is

prescribed in the Fisheries Minister's Decision No. 7a of on fishe,y service

01120021QD-BTS of January 22, 2002. lines:

e/ The list of additives, chemicals, detergents Acts of violating tlie regulatiorls on fishery

OFFICIAL GAZETTE NO. 02 (04-4-2004)

service lines shall be sanctioned according to 111. REGARDlNG SANCTIONING FORMS, Articles from 16 thru 20 of Decree 70. The Ministry PROCEDURES FOR APPLICATION OF of Fisheries hereby guides the application of some BRECLUSiVE MEASURESAND regulations as follows: SANCTIONING PROCEDURES

a/Agencies competent to grant assorted papers: 1. The sanctioning forms and remedial

- The Department for Aquatic Resource Oual i i~~ measures for administrative violations in the fishery Safety, Hygiene and V@te(inarY Management shall domain are prescribed in Article 7 of Decree 70 grant Certificates of veterinary drug production and Articles 11 and 12 of Decree 134. registration.

- The provinciaWmuni~ipal F i ~ h ~ d e s Services 2. The procedures for applicatioh of measures and Agriculture and Rural Deyelopmant Services to preclude administratjve Vi~lBtlPns in the fishery managing aquatic resbtrrtgs $bailllgrant certifjcates domaifl shall ~omply with Arfide$ f!om 43 thru 52

of eligibility for aquatic velerlnary drug and feed of the Ordinance on Handling of Administrative

trading. Violations and the following guidanc~:

- Certificates for asiualid veterinary drug While their Bff{&lal dutieg, the production and/d' bu'inees practioing and fishery inspectore may me~6ur.s veterinary service @ro~jg$n shall bs gnnted by the check transport means (mciG&n,dme fighhg khbs); Department A q ~ a ' i & f l e ~ u ( ~ ~ Q481i&, gafefy, whon faking these me$$urgs, hey mu&* ~ ~ m ~ , y

and VBiet'nar/ MBn%$m@nt and the with the pr~v [~ jons of ~ h i ~ l ~ 48 ef ifis ardinance provincial sub-~ebmnenls for ~ q ~ a t i b RBB~urce on Handling of ndmjfiistnlive Vid,stione, Protection acoording to the provl$lons of the

Fishs ries Ministw'~ Circular No, Q1 /26Q2TTT-BTS of September 5, 2002 guiding tile hpfsmerltation

of Point c, Clause 2, Artlcle B of the Government's

Decree No. 03/20001ND-CP of February 3, 2000

whlch guides the implementation of a number of

articles of th0 Enterprise Law.

bl The lists of aquatic additives, chemicals, feeds

and veterinary drugs permitted for use and

restricted from use are prescribed in Decision No.

17/2002/QD-BTS of May 24, 2002 and branch

standard 28 TCN 156: 2000, which shall be

annually amended and/or supplemented by the

Ministry of Fisheries.

c/ Food hygiene and safety standards and

conditians for fish pork are prescribed in branch

3tandard 28 TCN 163: 2000.

M Procedures and competence to temporarily seize rnatefial avjdene~s: andl6r means used in

administrative violations shaii canrpIy with Article 46 of the Ordinance On Handling of Administrative

Violations.

Where there are grounds tb beiieve that if the material evidences and/or means used in

administrative vIoiaflons are not temporarily seized

immediately, they may be dispersed or destroyed,

the fishery specialized Inspectors shall be entitled

to issue decisions to temporarily seize material

evidences and/or means used in administrative

violations. Within 24 hours after issuing a decision,

the decision-maker must report thereon to the

provinciaI/municipat service-level f i shery

specialized c h ~ e f ~nspec to r or the Fisheries Ministry's fishery specialized cliiel ir7spector and

NO. 02 104-4-2004) OFFIG( AL GAZETTE

obtain such person's written consent; in cases - Assorted certificates of technical safety where such person disagrees therewith, the person (regisfry); Who has issued the temporary seizure decision - Quarantine cedif icates; must immediately cancel such de~ision and return - Certificates of production/'ousiness eligibility; the temporarily seized means and things. The

temporary seizure Of material evidences andlor - Goods qua!ity terlilicates;

means of administrative violations must camply - Assorted professional certificates (driving

with the provisions of Article 46 of fie OMrlanm liw-nges, crew members' books, pfacticing an Handling of Administrative fidlgt)aks. ~flifiastes,.

S . . I

\h ru 69 of 'thl 01dpance dn ~ ~ n a l i k s ay - wfikn bOdwtfOi'of material evidences Administrative Gidldtiong'and the order prescribed means 6f ad$/nisVaiive is inscribed

in Chapter IV of De:peQ 13d, in sarrctionhg decisions, the persons competent

b/ In cases where only fmrm of fine is %&died to

the violating individuals Or organization$, the fishery specialized inspectors may temporarily seize one or several of the following papers unt i l such

indivjdua)~ or oryanizations have completely executed the sanctioning decisions:

- Permit for sxploitaf on in sea consewat~on

areas and submerged land consen/ation areas:

to sancli~n rrluQt make records thereon.

- where it is necessary to seal up material

evidences or means of violations, the sealing must

be effected right before the sanctioned penons or representatives of sanctioned organizations and

witnesses; i f the sanctioned persons or

representatives of sanctioned organizations are absent, there must be two ivitnesses.

- Material evidences or means, which are - Permit for aquatic resource exploitation; appropriated or ijlegaljy used b y virj)aUng individuajs

QFFICIAL GAZETTE

be returned to their IawfuI owners, managers or

users.

d/ Handling of material evidences and means

of administrative violations

Confiscated material evidences and means of

adminislrative vioiations must be handled according to Article 61 the Ordinance an Handling of Administrative Violations and the guidance in Articles 31, 32 and 33 of Decree 134.

The handling of material evidences and means of violation In the fishery domain, whlch are subject to forciMe destrudion, W'r obsewe the following principles:

- For material evidences being aquatic resdurce exploitation tools On the li&t of those banrled from use, the handling agencies must destfoy them or fake measures to exclude tha po&ibilitl/ of having them re-used fbr aquatic resouroe oxplojt~tion purpose.

- For material evidences being erlseased aqhnetjG resources, uporl dostnrcfion, it i~ rrccessary to t a b

measures to exclude the ~essiblllty cif spreading disease germs.

- For material evidences being aquatic reSoulces containing natural toxins, UpQn dQJtru&tion, it Is necessary to take measures to exclude impacts of such toxins on human health and natural

environment.

Material evidences of administrative violations

being substances easily causing fire or explosion

shall be handled according to the provisions of

Clause 2. Article 25 of Decree 70.

Upon handling of rnaterial evidences or means

of violations in ihe fishery domain, which are subject

to forcihle destruction, the destructinn councils must

be set up. The councils for handling of material

evidences of viola!ions in fha fishery domain, which

are subject to forcibte destruction, must be

composed of;

- Representatives of persons competent ta

impose sanctions,

- Represents tives of fishery State management

bodies,

- Representatives of environment and pubtic

security bodies.

Depending on the nalure of to be-destroyed

material evidehces, representatives of other

functional agencies may also be invited.

e/ The posfpdnement of executidn of decisions

on floes shall Oomply with Article 85 of the Odinance on Handling of Administrative Violations.

The return of papers, rnaterIal evidences or mean$ temporarily seized in case of pPstpongrnsnt of exeGution of fining decigions shall comply with

Anicle 26 of Decree f 34.

The transfer af declsrons on oarlctibnlng adm'lhislrative vidations in the fishery Qomain shall

only apply to the form of fine inscribed in the

decisions. The prbCedufe'e$ aod ofdet for transferring

decisions on sanctjanjng administrative violations

shall comply with Article 26 of Decree 70 and Article

27 Of Decree 134.

The agencies issuing the sanctioning decisions

must archive dossiers of administrative violation

cases and sanctioning decisions' copies.

The agencies executing sanctioning decisions

shall have to organize the execution of sanctioning

decisions, collect and remit fines according to the provisions of Articles 57 , 58, 64 and 66 of the

Ordinance an Handling ~f Administrative V~olations;

notify the agencies transferring Ihe sanctioning

decisions in wrrting of the results within 3 days after

having completely executed the sanctioning

OFFICIAL GAZETTE

decisions. a/ The Fisheries Ministry's fishery specialized

inspectorate acts as the central aquatic resource 4. The procedures for application of measures protection inspectorate;

for forcible implementation of administfative violalion-sanclioning decisions shall comply with b/ The pr0'4iiIdsVmuni~ipal Fisheries Se~ices'

the Government's separate regulations. fishery specialized inspectorates act as the provincial

aquatic resource protection inspectorates.

5. For complicated violations which are difficult 3, The sanctioning competence of fishery

to be determined as adrninlgirethre vld;lii?ns or aq sp;~ialize~:impectors and chief inspectors of

3

+ L , ,

1 The pr@&&'f~f debmbl~e ~ m ~ a t e f i ~ h I' 16 the 8;lnMbning fdi& and ls prescribed I .

handle ~ i O ~ & f l d sh f l &?mp/y 42/31 1hi one as& fi l j bBy&d fie persons*

Ordinance on Handling MAdrMnkrVative Violations must transfer and the specific guidance in Alficle 13 of Decree violalion c-gag authorities competent to impose 134. The compefenck to einction ec!minisiriive senoliens; violations in the fishery dornairl b presodl)& in Articles from 22 thru 25 of Decree 70. c/ I4 a ~ & fall under sanctioning competence of

many persons of different sectors, the sanctioning

2. The fisheiyspecialized inspectorates, which, competence shall belong to the presidents of the

for the immediate future, act as the aqua tic People's Committees of the levels with sanctioning

resource protecfion inspectorates, set up by the competence of the lacalities where the violations

Prime Minister and organized and operating under are committed.

Decision No. 415TTTg of August 10, 1994, may

sanctian administrative vioiations according to their 5. While conducting inspection or control on the

competence prescribed in Article 23 of Decree 70: sea, if detecting acts of infringing llpOn the territorial

OFFICIAL GAZETTE NO. 02 (94-42084)

waters, territorial water-contiguous areas, exclusive return of papers, material evidences and means of

economic zones or continental shelf of the Socialist administrative violations in the fishery domain

Republic of Vietnam for the purpose of research,

prospection or exploitation of aquatic resources, 6. Form 06 - BBXP: Record on destruction of

the fishery specialized inspectorates shall have to material evidences and means of administrative

make records thereon and arrest violating persons violations in the fishery domain

and means in order to transfer them to competent 7. Form 07 - QDXP: Decision on sanctioning

functional agencies for handling according to the administrative vfslations in the fishery domain

provisions of Vietnamese law, and at the same time coordinate with such agencies in handling thereof. 8. Germ 08 - QDXP: Decision on sanctioning

administrative ~ i d l a i h h ~ in the flshety domain in 6. Authorization to sanction adrnjnistraiive

f o m of fine (accotdlng to slmpfe procedures) violations shall comply with Artiole 41 of the

Ordinance on Handling dfAdministrative Violations g. Farm 09 - QDXP: Decision on sanctioning and the specific guidance in Article 14 of Decree adminlstratiy@ viglatians In the fishery dqmain In 134. form of cautlafl

V. SOMEg FORVS AN^ PAPERS USED IN 10. F ~ r m 10 t. QDXP: e)i?cisi~h on temporary

SANOflO.N!bQ AQMINISTRATIVE seizure of papPS, material &vidences and means

VIOLAT~ONB THE FISHERY DOMAIN: of ad mini strati^^! viobti~hs in the fishery d m a i n

Based an DPbrap 134, the Mlhistty of Fisheries 11, Form 11 - QD%P: Decision on forcible

promulgates together With this Circular the list of imp'eme ntation of On

the following form8 gf tewrds and decisfons used administrative vi~latidhs in the fish@+ domain

in sanctioning admklStratlve vlolafians in the fishery 12. Form 12 - 6 0 ~ ~ : becislcrn ots pbstponement

domain: of sahct/bhing adhinisfratlve violations in the fishery

l. Form 01 - BBXP: Record on administrative domain violations in the fishery domain

13. Form 13 - QDXP: Decision on transfer of

2. Form 02 - BBXP: Record on temporary dossiers af administrative violations in the fishery

seizure of papers, material evidences and means domain to legal-proceedings agencies.

of administrative violations in the fishery domain

VI. ORGANIZATION OF IMPLEMENTATfON 3. Form 03 - BBXP: Record on confiscation of

material evidences and means of administrative ,, The ministries and branches to violations in the fishery domain handle administrative violations in the fishery

4. Form 04 - BBXP: Record on inspection of domain and the People's Committees of all levels

transport means and articles according to shall direct and guide the implementation of the

regulations on sanctioning administrative violations adrnirlistrative procedures

in the fishery domain among ministries, branches

5 . Form 05 - BBXP: Record on hand-over or and units under their respective manayemen t, and

NO. Q2 (04-4-2004) OFFICIAL GAZEnE

regularly coordinate with the Ministry of Fisheries sanctioning of administrative violations by the

in implementing Decree 70. provincial fishery specialized inspectorates and report thereon to the pravinciaj People's

2. The Legal Department shall assist the Committees and the Minist~y of Fisheries; propose

Minister; the directors of the provincia[lmunicipa( in time to the Ministry of Fisheries problems arising Services of Fisheries and Services of Agriculture in the irnpfernentafion of Decree 70 and this and Rural Development shall assist the presidents Circular,

of the provincial/municipal People'$ Committees, in propagating and disse~indtfr2g tb wntents of 4. Thia Ciruular takes effscf 15 days after its

Decree 70 and the 0ldji;anci5 on Handling of p)rbr~oatlqt-t(n the pfflcial Gazette and replaces the

Administrative ~ i ~ ! a i ~ n l ' t ~ ~ ~ ~ ~ n i z a t i o n s and ~i$herIe$ h h i ~ t i y ; $ g , @Wlar + No. 04-TTIBVNLTS of

individuals .91j$$@@4,f11' .![$king and relevant October f~:'?&@ cq,&ih~ fhe implementation of ,? r . 4

acfivities. .' I . $ r . , the ~ovsmrne~r% Srii1&,>kb. 48/CP of ~ugust 1 2, . C S 1 998 w ~ i c h pi ( l (~b&$ 'ihb sanctioning o f

the D e p e n m l for rdhinlstrptive yiaf&fki& aqua tk resource

Bafety, Hyg!O(re and . pmteptlprr domalpk ' fid #$ &heribs Ministry's

~ f l h the Circular NO. 0111.;9&&@.@fPBbr~aq : , + j k r > 19.1998

amending and $$#&~~q g hokber of points of the Fisherled k&dtf& No. 04-TT1 BVNL* g e ~ ~ t ~ h ~ % if#@: i&d' guiding the

mpkmenwv ~dl,~edOyB&mw8 8,, . . ;: ,+L". Oewee No.

. I p >

48/CP 0f &&l X & 1996 whlqh prescribes the

3. k& alrsctPrs'&i ,(h<~Orovincia~/mUn~~~Pa~ 4anotloving. 9f 8 inht~@thl violati~ns in the

I b I , j, ,7 :,

~ ~ r v i c e $ $f &h&&,$dd s(vles of AgrlOultura &Wb ~&OU& ~,P%C& &@aimain; art previous

and ~~ i& [ oeu&aam&nt ne a q u allo regulr\?ione M&& &'!hi$ ilircular are hereby

resources h@@ io s e s l ~ l the provincid/ annulld. h < .

municipal P q f e ' s CorlpmittesS in dirsctim tha implsmentatiofi gf Deoree fO in their respective Mir)lster of Fisheries

localities; sum up the situatlatl on examination and TA QUANG NGOC