Laws of Vietnam

THE PRIME MINISTER

DECIDES:

Article 1.- To encourage and create favorable conditions for domestic organizations, households and individuals of all economic sectors as well as foreign investors to invest in the field of aquatic breeds protection and development in order to:

1. Produce enough breeds fully meeting quality criteria with reasonable price, supplying them for aquaculture among the population, including fresh-, blackish- and saline- water breeds, for both inland and marine farming;

2. Protect and develop the sources of natural breeds, thus ensuring the sustainable development of aquatic resources.

Article 2.- The aquatic breeding science and technology must satisfy the requirements of servicing the resource rearing and development along the following directions:

1. For the aquatic species, whose breeds can be produced artificially through breeding technologies, it must be ensured that good, disease-free breeds shall be adequately produced on the spot to supply for localities throughout the country, with a view to minimizing the transport of breeds from one to another area in order to ensure breeds quality and reduce their costs.

2. For the aquatic species with good prospect for efficient farming, with initial experiences being gained in the breeding technology which is not yet completed though, such technology must be further studied and perfected for application to large- scale production.

3. For the aquatic species with good prospect for efficient farming, though in the immediate future the research on artificial-breeding technology is facing with many difficulties, the scientific research in this field must be boosted; and at the same time, the import shall be encouraged in order to ensure the adequate supply of breeds for aquaculture among the population.

The import of aquatic breeds outside the list of banned breeds (announced by the Ministry of Trade at the request of the Ministry of Aquatic Resources) shall not need permits, but the quarantine procedures must be carried out according to the provisions of law.

4. For areas with natural breeding sources, there must be the planning and regulations on the management thereof as well as plans to enrich the nature with artificially-reproduced breeds.

Article 3.- Organizations, households and individuals wishing to use land or water surface for investment in the production of aquatic breeds shall be given priority by the provincial/municipal People’s Committees as well as local administrations, and entitled to enjoy preferential treatment regarding land-use levies and land rentals.

Article 4.- Investment and credit

1. The State budget (including public-service capital) shall be invested in:

a/ Aquatic resources research institutes and centers, which perform the tasks of protecting aquatic gene sources;

b/ Production of prototype breeds;

c/ The import of prototype breeds, new breeds and precious breeds which can be tamed for large-scale production; the import of technologies for producing breeds of high yield and high quality, first of all, focussing on technologies to produce major species with export potential;

d/ Production of breeds for release into planned natural water areas. The Ministry of Aquatic Resources and the Ministry of Science, Technology and Environment shall coordinate with localities in working out the planning and plans for protection of natural breeding grounds of aquatic species, then submitting them to the Government for decision;

e/ Building a number of necessary national breeding centers in key regions;

f/ Increasing fishery promotion funds for centrally-run bodies and localities, thus ensuring that the annual funding level shall be VND 20 billion (including 10 billion for centrally-run bodies) with priority given first of all to the transfer of aquatic-breeding technology.

g/ The People’s Committees of the provinces and centrally-run cities shall use part of their local budgets to support organizations, households and individuals engaged in aquatic breeds production.

The breed development investment with the above-mentioned budget sources (a, b, c, d and e) must be worked out in specific projects to be submitted to competent authorities for approval. The Ministry of Finance and the Ministry of Planning and Investment shall apportion in the annual plans, ensuring adequate capital for these projects.

2. Credit capital.

a/ The State’s development investment credit: From 2000 to 2005, about VND 1,000 billion from the Development Assistance Fund shall be provided as loans to organizations, households and individuals with priority given to households which borrow capital for the production of aquatic breeds, including construction capital and working capital.

Organizations, households and individuals borrowing the State’s credit capital shall have to draw up capital borrowing projects. For projects having no demand to rent land, their owners shall make decisions themselves. The projects with land-rent demand must be approved by the provincial/municipal People’s Committees. These projects shall not be subject to bidding for their implementation.

Organizations, households and individuals borrowing the State’s credit capital may mortgage assets formed by loan capital; each project shall be entitled to a loan of up to VND 1.0 billion; the maximum duration for capital retrieval shall not exceed 5 years; the lending interest rates shall comply with current regulations of the Development Assistance Fund.

b/ Commercial credit: The Vietnam State Bank shall direct commercial banks to lend adequate capital to organizations, households and individuals for production of aquatic breeds; the lending interest rates and lending terms shall comply with current regulations; loans of below VND 50 million shall not require mortgage. The provincial/municipal People’s Committees shall provide partial support in lending interest rates to breed-producing organizations, households and individuals.

c/ The Ministry of Science, Technology and Environment shall give priority to the provision of funds for projects on experimental production of aquatic breeds; the National Scientific and Technological Development Support Fund shall give priority to the provision of credit capital with favorable conditions or preferential interest rates for the study and application of scientific and technical advances to breed production.

Article 5.- Tax preferences as well as exemption and reduction shall comply with the provisions of the Government’s Decree No. 51/1999/ND-CP of July 8, 1999 detailing the implementation of the Law on Domestic Investment Promotion (amended).

Article 6.- The Ministry of Aquatic Resources shall direct and guide research and training agencies of the aquatic resources sector, and mobilize scientific forces outside the sector to participate in research on breed creation and production. To encourage research and training agencies to assist or coordinate and join with households as well as individuals in aquatic breed production .

Article 7.- The Ministry of Aquatic Resources shall work out plans on training technical staff (including overseas training) in order to have top experts on aquatic breeds; in the annual capital construction plan, investment priority shall be given to research institutes and centers, so that they can soon be fully capable of conducting breed research at a level equal to that in various countries in the region and world.

The fishery promotion programs should further enhance the training and fostering in breed production, pest control and breed quality improvement for farmers and fishermen.

The State creates favorable conditions for organizations, households and individuals to hire foreign specialists for transfer of breeding technology, if they so need.

The Ministry of Aquatic Resource shall coordinate with the People’s Committees of the provinces and centrally-run cities in well performing the State management over aquatic breeds.

Article 8.- This Decision takes effect 15 days after its signing.

Article 9.- The ministers of Aquatic Resources; Planning and Investment; Finance; Science, Technology and Environment; Trade; Education and Training, as well as the Director of the Government’s Commission for Organization and Personnel, the State Bank Governor, the General Director of Customs, the General Director of Land Administration, the Chairman of the Management Board of the Development Assistance Fund, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.

For the Prime Minister
Deputy Prime Minister
NGUYEN CONG TAN