Laws of Vietnam

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;

Pursuant to the Ordinance on the Protection and Development of Aquatic Resources on the 25th of April, 1989, the Ordinance on Inspection Work on the 29th of March, 1990, and related legal documents;

At the proposal of the Minister of Aquatic Resources,

DECIDES:

Article 1.- To issue along with this Decision the Statute of the Organization and Activities of the Inspectorate for the Protection of Aquatic Resources.

Article 2.- This Statute takes effect as from the date of its promulgation. All earlier provisions which are contrary to this Statute are now annulled.

Article 3.- The Minister of Aquatic Resources, the 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 directly under the Central Government shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister

TRAN DUC LUONG

(issued along with Decision No.415-TTg on the 10th of August, 1994 of the Prime Minister).

Chapter I

GENERAL PROVISIONS

Aticle 1.- The Inspectorate for the Protection of Aquatic Resources is a specialized inspectorial organization assigned the function of inspecting these areas: the protection and development of the aquatic resources, veterinary service for aquatic animals and their products, the protection of the living environment of the aquatic animals, and the technical safety of the fishery means and equipment allocated to the aquatic service.

Article 2.- The Inspectorate for the Protection of Aquatic Resources is organized into a unified system throughout the country. It comprises:

- The Inspectorate for the Protection of Aquatic Resources at the Center attached to the Department for the Protection of Aquatic Resources (the Ministry of Aquatic Resources).

- The Inspectorate for the Protection of Aquatic Resources in the provinces and cities directly under the Central Government (hereunder referred to as province) attached to the Sub-Department for the Protection of Aquatic Resources in the province, or the Aquatic Resources Service, or the Agricultural, Forestry and Aquatic Resources Service (in the provinces which have no Sub-Department for the Protection of Aquatic Resources).

- The Inspectorates for the Protection of the Aquatic Resources at the Center and in the provinces have their own seals.

The Minister of Aquatic Resources shall provide details for the organization of the apparatus of the Inspectorate for the Protection of Aquatic Resources from the Center to the localities on the principle of lightness, efficiency and efficacy.

Article 3.- The Inspector for the Protection of Aquatic Resources shall, within the scope of his tasks and powers, has the duty to implement the public service in a timely , truthful, objective and lawful manner.

Article 4.- All organizations and individuals, having activities related to the protection and development of the aquatic resources, must obey this Statute and create conditions for the convenience and efficiency of the activities of the Inspectorate for the protection of Aquatic Resources.

Chapter II

TASKS AND POWERS OF THE INSPECTORATE FOR THE PROTECTION OF AQUATIC RESOURCES

Article 5.- The Inspectorate for the Protection of Aquatic Resources has the following tasks:

1. To assist the Department for the Protection of Aquatic Resources in working out guiding documents and concrete regulations to protect and develop the aquatic resources, and submit them to the Minister of Aquatic Resources for promulgation within his jurisdiction, or for submitting to the Government for their promulgation.

2. To guide and organize the implementation of the documents already promulgated concerning the protection and development of the aquatic resources, and ensure their enforcement throughout the country.

3. To educate the population and the economic and social organizations in the sense of protecting and developing the aquatic resources.

4. To inspect and control the implementation of the regulations on the protection and development of the aquatic resources, more concretely the regulations on:

- Professional standard, instruments, methods, season, fishing ground and those aquatic resources allowed for exploitation.

- The regime of registration, technical safety of the means and equipment of fisheries already defined for each level in the Aquatic Service.

- Quarantine and prevention and fight against disease of aquatic resources, sanitation and veterinary medicine for aquatic resources.

- Standards and quality of the kinds and species of aquatic resources allowed for raising, exploitation, transportation, consumption, processing, import and export, and the living enviroment of aquatic products.

5. To cooperate with the other branches and levels to inspect, check and control, prevent and handle the acts of violation of the law on the protection and development of the aquatic resources as prescribed. To propose measures for protecting and developing the aquatic resources.

Article 6.- The Inspectorate for the Protection of Aquatic Resources has the following powers:

1. To request the concerned organizations and individuals to report and answer questions or supply necessary information in service of the inspectorial work.

2. To ask for specialist expertise in service of the inpsectorial work.

3. To temporarily suspend the activities of the persons and means and equipment, if it detects serious acts of violation of the law on the protection and development of aquatic resources, or to suspend the means and equipment which fail to ensure technical safety as prescribed.

4. To conclude, propose or decide to handle, according to the provisions of law, the violations of the law on protection and development of aquatic resources.

5. To impose fines on the administrative violations of the regulations on the management, protection and development of aquatic resources by organizations or individuals as provided by the State.

6. To transfer the dossier and documents to the investigatory agency to investigate the penal liability in cases of violation showing signs of criminality.

Article 7.- The Minister of Aquatic Resources shall base himself on the tasks and powers of the Inspectorate for the Protection of Aquatic Resources stipulated at Articles 5 and 6 of this State to define the tasks and concrete tasks and powers of the Inspectorate for the Protection of Aquatic Resources at the central and provincial levels.

Article 8.- The activities of the Inspectorate for the Protection of Aquatic Resources shall be conducted through the organization of inspection and control teams, or by the Inspector himself, according to each specialized domain.

Chapter III

ORGANIZATION OF THE INSPECTORATE FOR THE PROTECTION OF AQUATIC PRODUCT RESOURCES, AND THE INSPECTOR

Article 9.- The Inspectorate for the Protection of Aquatic Resources includes:

- The Inspector General for the Protection of Aquatic Resources,

- The Deputy Inspectors General,

- The Chief Inspectors in the provinces,

- The Deputy Chief Inspectors in the provinces,

- The Inspectors.

The Inspector is assisted by a number of Controllers in the realization of specialized inspection.

The Inspectorate for the Protection of Aquatic Resources of any level shall be subject to the direct leadership of the Head of the agency of the same level and to the professional guidance of the State Inspectorate of the same level.

Article 10.- On the nomination and dismissal of the Inspector General and Deputy Inspectors General of various levels:

1. The Minister of Aquatic resources shall nominate and dismiss the Inspector General for the Protection of Aquatic Resources at the Center, at the proposal of the Head of the Department for the Protection of Aquatic Resources.

The Head of the Department for the Protection of Aquatic Resources shall nominate and dismiss the Deputy Chiefs of the Inspectorate for the Protection of Aquatic Resources at the Center, at the proposal of the Inspector General for the Protection of Aquatic Resources at the Center.

2. The President of the People's Committee in the province or city directly under the Central Government shall nominate and dismiss the Chief Inspector for the Protection of Aquatic Resources in the province, at the proposal of the Director of the Aquatic Products Service.

The Director of the Aquatic Products Service shall nominate and dismiss the Deputy Chief Inspectors for the Protection of Aquatic Resources in the province, at the proposal of the Head of the Sub-Department for the Protection of Aquatic Resources in the province and the Chief Inspector for the Protection of Aquatic Resources in the province.

Article 11.- The Inspector: The Inspector for the Protection of Aquatic Resources is a State employee on the official payroll of the Department or Sub-Department for the Protection of Aquatic Resources who meets the requirements stipulated in Article 12 of this Statute, and who is assigned the task of inspecting the implementation of the Ordinance on the Protection and Development of Aquatic Resources.

Article 12.- Criteria of an Inspector:

- He must have a good political quality, a high sense of responsibility, honest, truthful and objective.

- Has reached the university level in the aquatic resource economy and technical branches, and has the necessary knowledge of law.

- He must have a required level of professionalism in inspectorial work.

- He must have at least three years of service in the aquatic service.

- He must be in good health and can stand prolonged sea trips.

Article 13.- The Inspectors for the Protection of Aquatic Resources include three grades:

- Inspector (Grade 1)

- Principal Inspector (Grade 2)

- High level Inspector (Grade 3)

The Minister of Aquatic Resources shall reach agreement with the General Inspector of the State to make concrete provisions on the training, fostering, granting and withdrawing the Card of Inspector for the Protection of Aquatic Resources

The nomination and dismissal of Inspectors shall be effected as currently prescribed by the Statute of Inspector issued along with Decree No.191-HDBT on the 18th of June, 1991 of the Council of Ministers.

Article 14.- The Inspector for the Protection of Aquatic Resources is supplied with an insignia, a badge, a uniform, a rain-coat, a hard cap, a helmet, a belt, leather shoes, stockings, rubber boots, a briefcase, and other necessary outfits for the inspectorial work.

The Minister of Aquatic Resources shall reach agreement with the Minister of the Interior and the General Inspector of the State to provide details about the insignia and badge of the inspector, and with the Minister of Finance on the criteria and regimes of using the different types of uniforms and equipment mentioned above, in order to ensure seriousness while in mission, and the use of raw materials available in the country and in an economic manner.

The other regimes of material and spiritual remuneration for the Inspector for the Protection of Aquatic Resources shall be defined by the Minister of Aquatic Resources, in consultation with the Minister-Chairman of the Government Commission on Organization and Personnel, the Minister of Labor, War Invalids and Social Affairs, and the Minister of Finance on the basis of the current regulations of the State.

Article 15.- While on mission, the Inspector for the Protection of Aquatic Resources must put on his uniform and wear his insignia, badge and inspector’s card.

Article 16.- Inspector for the Protection of Aquatic Resources, while conducting his inspectorial activities, is allowed to inspect only those affairs which come under his specialized competence as prescribed.

Chapter IV

COMPLAINTS, DENUNCIATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 17.- The person, who is fined for administrative violations in the domain of the protection and development of the aquatic resources, may file his complaint or denunciation to the competent Inspectorate for the Protection of Aquatic Resources, as stipulated in Article 36 of the Ordinance on the 30th of November, 1989 on Sanctions Against Administrative Violations.

Article 18.- The settlement of the complaints or denunciations about administrative sanctions in the domain of protection and development of the aquatic resources shall be effected according to Article 37 and Article 38 of the Ordinance on the 30th of November, 1989 on Sanctions against Administrative Violations.

Article 19.- All other complaints and denunciations by citizens related to the protection and development of aquatic resources shall be settled according to the Ordinance on the 2nd of May, 1991 on Complaints and Denunciations by Citizens.

Chapter V

REWARDS AND PENALTIES

Article 20.- Any organization or individual that makes meritorious services in the protection of aquatic resources shall be commended and rewarded according to the common regime of the State.

Article 21.- Any person who misuses his position or powers of inspectorate for the protection of aquatic resources to infringe upon the lawful interests of any organizations out of personal greed or other individualistic motivations, or who obstructs, brides, takes retaliation against the persons carrying out the inspectorial work for the protection of aquatic resources, or who violates the provisions of this Statute or other provisions of the law inspection, shall, depending on the nature and extent of the violation, be disciplined, subject to administrative sanctions, or be investigated for penal liability as prescribed by law.

For the Prime Minister

Deputy Prime Minister

TRAN DUC LUONG