Laws of Vietnam

Article 1.- To ratify the policy of investment in the project of "Restoring and Perfecting the Infrastructure System of Fisheries in Vietnam" with the following contents:

1. Name of the project: Restoring and Perfecting the Infrastructure System of Fisheries in Vietnam.

2. Aim of the project: Restoring, upgrading and building 10 fishing ports in 9 provinces and cities to give more anchorage to 3,500 ships and boats; to increase the ports' capacity of handling sea products to 35,000 tons/year. Increasing the capacity of fisheries to efficiently exploit the marine resources in offshore areas of Vietnam, contributing to protecting the marine resources and environmental hygiene at sea; creating more employment for the laboring people.

3. Scope and scale of the project: The project shall comprise 10 component projects for restoring, upgrading and building 10 fishing ports in 9 provinces and cities, and increasing the fishing capacity, namely:

a/ Restoring, upgrading and building 10 fishing ports:

- Cat Ba fishing port - Haiphong city

- Cua Hoi fishing port - Nghe An province

- Xuan Pho fishing port - Ha Tinh province

- Giang River fishing port - Quang Binh province

- Thuan Phuoc fishing port on Han River - Quang Nam-Da Nang province

- Phan Thiet fishing port - Binh Thuan province

- Tac Cau fishing port - Kien Giang province

- Phu Quy fishing port - Binh Thuan province

- Con Dao fishing port - Ba Ria-Vung Tau province

- Ca Mau fishing port - Minh Hai province.

b/ Increasing the capacity of the boat engines and the number of fishing ships and boats of over 100 hp.

4. Investment capital for the project:

- Total investment capital: 71.4 million USD,

including:

+ 57 million USD as loan from the Asian Development Bank,

+ The rest from corresponding domestic capital contribution.

- The level of investment in each project shall be officially determined when deciding on the investment in the feasibility study of each component project (with the level of foreign capital as the ceiling, while ensuring that the percentage of corresponding domestic capital contribution shall not exceed the level generally stipulated).

- The investment in infrastructure facilities of fishing ports shall derive from budget allocations; and the investment capital for building fishing and business facilities (storages, seafood processing and ice-making workshops, boat engines, equipment and means) are loans as stipulated by the State.

- The investment in building fish markets, materials trading and service shops, canteens, clubs, and educational and medical care projects shall not derive from these loans.

- With regard to the investment in the construction and upgrading of the quality control system, the Ministry of Aquatic Resources and the State Planning Committee shall seek other capital sources and report it to the Government.

5. The construction of projects and the purchase of equipment must be undertaken through bidding with the aim of economizing on materials and capital, and raising the quality of projects.

6. The maximum time for carrying out the project is 6 years, beginning from the date when the investment capital is granted.

Article 2.- Assignment of tasks:

1. The State Planning Committee shall preside and coordinate with the Ministry of Finance, the Ministry of Aquatic Resources and the branches concerned in balancing the capital for the project.

2. The Ministry of Finance shall balance the budget in order to supply the Vietnamese side's corresponding investment capital to the project according to the feasibility project ratified; shall repay the loan for the project when it is due in accordance with international commitment on loan and repayment.

3. The Ministry of Water Resources, which is the host ministry, has the following task:

- Proceeding from the feasibility project already ratified, cooperating with the locality where the project is carried out to direct the investors in making a feasibility report for each of the component projects in a separate dossier, considering and ratifying the project in accordance with current stipulations, and ensuring that the total investment capital is limited to the level stipulated in Item 4, Article 1, of this Decision.

- Organizing the direction of the project, carrying out the investment plan for the infrastructure facilities of fishing ports, ensuring the set quality and schedule, the observance of the regime of testing on completion, making an accounts statement on the project, and putting it into efficient operation.

- Together with the other Ministries concerned, negotiating with the Asian Development Bank on the transfer of the investment capital planned for the quality control system to increase the infrastructure facilities of fishing ports, or to lend to fishermen for the development of production.

4. The Vietnam Agriculture Bank shall preside and coordinate with the Ministry of Aquatic Resources and the localities in considering re-lending to fishermen and seafood production and trading enterprises the loan granted by the Asian Development Bank to buy boat engines and build facilities which do not belong to the infrastructure construction project of fishing ports, and to retrieve the capital for repayment of foreign debt.

5. The Presidents of the People's Committees of the provinces and cities where the component projects are carried out shall appoint owners of the projects; coordinate with the Ministry of Aquatic Resources, the Ministry of Finance, and other ministries and the branches concerned in preparing corresponding domestic capital contribution for building parts of the project; clearing the procedures for land, removal of people from the project area and their resettlement, and payment of compensations for the people in the project area in accordance with current stipulations; and closely cooperate with the Ministry of Aquatic Resources in carrying out the project and ensuring favorable conditions for its deployment.

Article 3.- This Decision takes effect from the date of its signing. The Minister of Aquatic Resources and other Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities concerned shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister