Tiếng Việt- 1 Decree No. 23/2001/ND-CP, promulgated by the Government, Amending and supplementing a number of articles of the regulation on the registration of sea-going ships and crew members, issued together with the Government''s Decree No. 91/CP of August 23, 1997.
- 2 Decree of Government No. 91/CP of August 23, 1997 issuing the regulation on the registration of sea-going ships and crews
| THE MINISTRY OF AQUATIC RESOURCES | SOCIALIST REPUBLIC OF VIET NAM |
| No: 494/2001/QD-BTS | Hanoi, June 15, 2001 |
ISSUING THE REGULATION ON THE FISHING SHIP REGISTRY AND THE FISHING SHIP AND CREW REGISTRATION
THE MINISTER OF AQUATIC RESOURCES
Pursuant to the Government’s Decree No. 50/CP of June 21, 1994 on the tasks, powers and organizational structure of the Ministry of Aquatic Resources;
Pursuant to the Government’s Decree No. 91/CP of August 23, 1997 issuing the Regulation on registration of sea-going ships and crew and Decree No. 23/2001/ND-CP of May 3, 2001 amending and supplementing a number of articles of the Regulation on registration of sea-going ships and crew, issued together with the Government’s Decree No. 91/CP of August 23, 1997;
Pursuant to the Government’s Decree No. 72/1998/ND-CP of September 15, 1998 on ensuring safety for fishermen and fishing means operating on the sea;
Pursuant to branch standards from 28 TCN 140:2000 to 28 TCN 149:2000, issued together with Decision No. 03/2000/QD-BTS of January 6, 2000 of the Minister of Aquatic Resources;
At the proposal of the director of the Aquatic Resource Protection Department,
DECIDES:
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FOR THE MINISTER OF AQUATIC RESOURCES
VICE MINISTER
Nguyen Ngoc Hong
ON THE FISHING SHIP REGISTRY AND THE FISHING SHIPS AND CREW REGISTRATION
(Issued together with Decision No. 494/2001/QD-BTS of June 15, 2001 of the Minister of Aquatic Resources)
Article 2.- In this Regulation the following terms shall be construed as follows:
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2. Fishing ship registration means the performance of the task of administrative State management over fishing ships.
3. Crew registration means the certification of crew who are fully qualified according to regulations to work on fishing ships.
4. Fishing ships mean all kinds of ships, boats, speed boats, barges and other floating means with or without engines, used for exploiting, processing, culturing, gathering and/or transporting aquatic products, supplying logistics in service of fishery; researching, surveying and exploring aquatic resources and supervising and controlling aquatic resources, and operating in water areas: sea, rivers, lakes, canals, ditches, lagoons of the Socialist Republic of Vietnam.
5. Crew mean people on official payroll working on fishing ships with the prescribed titles.
6. Ship owners mean legal persons or individuals that own and register the ships in their names under the provisions of Vietnamese laws.
7. Fishery activities mean activities of exploiting, processing and culturing aquatic resources, providing logistic services, collecting aquatic goods; surveying, exploring, supervising and controlling to protect aquatic resources.
8. Ship dry-lease means the hiring of ships without provision of crew.
9. Ship hire-purchase means the combined purchase and hire of ships.
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Article 5.- Fishing ships subject to registration under this Regulation include:
1. Fishing ships of domestic organizations and individuals.
2. Fishing ships under the ownership of joint-venture enterprises or enterprises with 100% foreign-invested capital, which are established and operate under the Law on Foreign Investment in Vietnam.
3. Fishing ships of foreign organizations and individuals, which Vietnamese enterprises purchase or hire under dry-lease or hire-purchase contracts.
4. Fishing ships donated by foreign organizations and/or individuals as non-refundable aid to Vietnam.
5. Fishing ships of foreign organizations and individuals, which are permitted by the Vietnamese Government to enter for registration in Vietnam.
Article 6.- Crew working on the following kinds of fishing ships must have fishing ship crew books:
1. Fishing ships mentioned in Clause 1, Article 5 of this Regulation, which are fitted with engines and the total capacity of main engines reaching 90 horsepower or more.
2. Fishing ships mentioned in Clauses 2, 3, 4 and 5, Article 5 of this Regulation, including ships fitted or not fitted with engines.
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1. Fishing ships fitted with engines and the total capacity of main engines reaching 20 horsepower or more.
2. Fishing ships not fitted with engines or fitted with engines and the total capacity of main engines being under 20 horsepower but the designed water line being between 15 and 20 meters in length.
For fishing ships having the designed waterline longer than 20 m (except for fishery control ships), the registry thereof shall be effected by Vietnam Registry Department.
AGENCIES IN CHARGE OF FISHING SHIP REGISTRY AND FISHING SHIP AND CREW REGISTRATION
1. The central fishing ship registry agency: The Aquatic Resource Protection Department, the Ministry of Aquatic Resources.
2. The provincial-level fishing ship registry agencies: The Aquatic Resource Protection Sub-Departments or Aquatic Resource Protection Centers of the provincial/municipal Aquatic Resources or Agriculture and Rural Development Services that manage aquatic resources in the provinces and centrally-run cities.
For provinces and centrally-run cities where Aquatic Resource Protection Sub-Departments or Centers are not available, the provincial-level fishing ship registry agencies shall be the provincial/municipal Agriculture and Rural Development Services.
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1. The central fishing ship registry agency shall carry out the registration for:
a/ Fishing ships of units attached to the Ministry of Aquatic Resources and of other central branches, including the armed force units engaged in economic aquatic activities;
b/ Fishery control ships;
c/ Ships conducting research, survey and exploration of aquatic resources;
d/ Fishing ships mentioned in Clauses 2, 3, 4 and 5, Article 5 of this Regulation.
2. The provincial fishing ship registry agencies shall carry out the registration for fishing ships in the provinces, which are not mentioned in Clause 1 of this Article.
Article 10.- The fishing ship registry is assigned as follows:
1. The central fishing ship registry agency shall carry out the registry for:
a/ Fishing ships fitted with engines and the total capacity of main engines reaching 90 horsepower or more;
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2. The provincial fishing ship registry agencies shall carry out the registry for:
a/ Fishing ships not mentioned in Clause 1 of this Article, including fishing ships of the provinces and other provinces, which have expired registry durations and now apply for inspection and extension or which have been built or repaired in the localities under their management;
b/ Fishing ships as authorized by the central fishing ship registry agency.
For the provinces and centrally-run cities which have no Aquatic Resource Protection Sub-Departments or Centers, the fishing ship registry shall be carried out by the central fishing ship registry agency or the nearest qualified provincial fishing ship registry agency as designated by the central fishing ship registry agency.
a/ Authorizing the whole or part of the registry, in certain periods of time;
b/ Authorizing the host provincial fishing ship registry agency or the nearest qualified provincial fishing ship registry agency.
2. Conditions for being authorized:
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b/ Having adequate equipment and tools for carrying out ship registry.
c/ Strictly abiding by the technical processes, norms and standards as well as the State’s regulations and the Finance Ministry’s guidance on the fishing ship registry.
d/ Fully complying with the prescribed reporting and statistical regime.
3. The central fishing ship registry agency shall have to inspect the authorized units according to the conditions mentioned in Clause 2 of this Article.
Article 12.- The central fishing ship registry agency has the following tasks:
1. Studying and formulating standards, processes and norms for application to the designing, building, overhauling, transformation and refurbishment of fishing ships, and regulations on the fishing ship and crew registration, then submitting them to the Ministry of Aquatic Resources for promulgation.
2. Making and keeping a register of fishing ships under its management, summing up statistical data on registered fishing ships and crew nationwide.
3. Organizing the direction of the fishing ship registry and the fishing ship and crew registration nationwide.
4. Organizing the professional training and guidance for the provincial fishing ship registry agencies.
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6. Directly carrying out the fishing ship and crew registration for ships of those kinds mentioned in Clause 1, Article 9, and the fishing ship registry for ships of those kinds mentioned in Clause 1, Article 10 of this Regulation.
7. Participating in the assessment of the technical conditions and quality of fishing ships under its management before they are refurbished, liquidated or sold.
8. Joining the Council for Appraisal of Maritime Incidents and Accidents.
9. Promulgating forms of papers used in the fishing ship registry and fishing ship and crew registration; printing, distributing and managing them nationwide.
10. Collecting charges and fees for fishing ship registry and fishing ship and crew registration according to the State’s current regulations.
Article 13.- The provincial fishing ship registry agencies have the following tasks:
1. Making and keeping registers of fishing ships as assigned; summing up statistical data on fishing ships and crew registered in the provinces.
2. Reporting on the work of fishing ship registry and fishing ship and crew registration according to regulations.
3. Directly carrying out the fishing ship and crew registration for ships of those kinds mentioned in Clause 2, Article 9, and the fishing ship registry for ships of those kinds mentioned in Clause 2, Article 10 of this Regulation.
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5. Joining the Council for Appraisal of Maritime Incidents and Accidents for fishing ships.
6. Collecting charges and fees for fishing ship registry and fishing ship and crew registration according to the State’s current regulations.
2. For fishing ships not mentioned in Article 7 of this Regulation, the fishing ship registry agencies shall only examine their safety equipment and basic parameters before carrying out the registration thereof.
3. When building, overhauling, transforming or refurbishing fishing ships mentioned in Article 7 of this Regulation, ship owners or ship-building or -repairing establishments which are authorized by ship owners must sign technical supervision contracts with the fishing ship registry agencies.
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1. Consideration and approval of designs.
2. Inspection and supervision in the process of building or repairing, testing and acceptance.
1. First-time examination.
2. Annual examination.
3. Periodical examination.
4. Irregular examination.
The purposes of the above-said types of examination are stated in Section 5 of branch standard 28 TCN 140:2000.
Article 18.- Papers to be granted after the registry work is finished:
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2. The part-by-part acceptance record.
3. The first-time/periodical technical examination record.
4. The annual technical examination record.
5. The book of certification of the fishing ship�s operational capability.
The contents, sizes and designs of the above-said papers are stated in branch standards from 28 TCN 142:2000 to 28 TCN 149:2000.
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2. Ship owners must commit themselves not to use their ships for illegal purposes.
3. Bearing no other sea-going ship registration numbers.
4. Having completed the registry (for kinds of ships subject to registry).
5. For fishing ships of foreign origin as mentioned in Sections C, D and E, Article 23 of this Regulation, they must not be aged more than 15 years.
6. Belonging to domestic organizations or individuals with head offices based in Vietnam. If they belong to foreign organizations or individuals, the Vietnamese Government’s permission is required.
7. Having their own names given by the ship owners, maybe after their registration numbers. In cases where ship owners wish to name their ships after the Vietnamese historical figures, the approval of the Ministry of Aquatic Resources is required.
2. At a particular point of time, each fishing ship should be registered only at one fishing ship registry agency and bear a sole registration number.
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A. The first group consists of letters standing for the name of a province or centrally-run city. Concretely:
01. An Giang AG
02. Ba Ria-Vung Tau BV
03. Bac Lieu BL
04. Bac Can BC
05. Bac Giang BG
06. Bac Ninh BN
07. Ben Tre BT
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09. Binh Dinh BĐ
10. Binh Phuoc BP
11. Binh Thuan BTh
12. Ca Mau CM
13. Cao Bang CB
14. Can Tho CT
15. Da Nang DNa
16. Dac Lac DL
17. Dong Nai DN
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19. Gia Lai GL
20. Ha Giang HG
21. Hanoi HN
22. Ha Nam HNa
23. Ha Tay HTa
24. Ha Tinh HT
25. Hai Duong HD
26. Hai Phong HP
27. Hoa Binh HB
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29. Hung Yen HY
30. Khanh Hoa KH
31. Kien Giang KG
32. Kon Tum KT
33. Lai Chau LC
34. Lang Son LS
35. Lao Cai LCa
36. Lam Dong LD
37. Long An LA
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39. Nghe An NA
40. Ninh Binh NB
41. Ninh Thuan NT
42. Phu Tho PT
43. Phu Yen PY
44. Quang Binh QB
45. Quang Nam QNa
46. Quang Ngai QNg
47. Quang Ninh QN
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49. Soc Trang ST
50. Son La SL
51. Tay Ninh TN
52. Thai Binh TB
53. Thai Nguyen TNg
54. Thanh Hoa TH
55. Thua Thien -Hue TTH
56. Tien Giang TG
57. Tra Vinh TV
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59. Vinh Long VL
60. Vinh Phuc VP
61. Yen Bai YB
B. The second group consists of 4 numerals in the order from 0001 to 9999; particularly for ships fitted with main engines of between 90 horsepower and more, this group consists of 5 numerals as follows: the first numeral is 9 and the following numerals are in the order from 0001 to 9999.
C. The third group:
a/ Consists of 2 letters "TS" (Thuy San - Aquatic Resources) for ships registered at the provincial fishing ship registry agencies;
b/ Consists of 3 letters "BTS" (Bo Thuy San -Ministry of Aquatic Resources), for ships registered at the central fishing ship registry agency;
c/ Consists of 2 letters "KN" (Kiem Ngu - Fishery Control), for fishery control ships.
2. Names and registration numbers must be inscribed in paint or on plates firmly stuck to the sides of the ships as prescribed below:
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b/ The registration number is inscribed on both sides of the ship prow; where a ship is too small and its registration number cannot be inscribed on the side of its prow, it shall be inscribed on a plate stuck to the outer wall of the cabin or bedroom; if a ship has neither cabin nor bedroom, its registration number may be inscribed or stuck on its body at any position easy to be seen.
c/ The geographical name of the port or the place where the ship is registered for docking shall be inscribed at the ships stern.
Letters and numerals must be inscribed in a neat manner, in print style, their color must contrast the background color to be easily seen.
The sizes of letters and numerals must be proportional to the ship’s size, their thickness must not be less than 30 mm and their height not lower than 200 mm. For very small ships, the sizes of letters and numerals may be smaller than the above-prescribed limits but must be clear and easy to be seen.
Article 23.- A fishing ship registration dossier consists of:
A. For newly-built or transformed fishing ships:
1. Papers to be submitted, one copy each:
a/ Declaration for fishing ship and crew registration (original);
b/ Certificate of release from workshop, granted by the owner of the ship-building or repairing establishment or ship-building or -repairing contract (original);
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d/ Old registration certificate (for transformed ships, original);
e/ Two photos of the ship, size 9x12 (color photos of the whole ship from both sides).
2. Papers to be produced (original copies):
a/ The technical safety dossier, granted by the registry agency (original), for kinds of ships subject to registry;
b/ Permit for use of the ship’s radio, if any.
B. For fishing ships over which the ownership is transferred domestically (sale, exchange, giving away, transfer, inheriting, etc)
1. Cases of transfer of ownership of ships in the region with the same registry agency:
1.1. Papers to be submitted, one copy each:
a/ Declaration for transfer and re-granting of the registration certificate;
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c/ Old registration certificate of the fishing ship (original);
d/ Receipt for payment of registration fee (original).
1.2. Papers to be produced (original copies): The technical safety dossier (original), granted by the registry agency, for kinds of ships subject to registry.
2. Cases of transfer of the ships ownership from one region to another with two different registry agencies:
2.1. Papers to be submitted, one copy each:
a/ Declaration for fishing ship and crew registration (original);
b/ Certificate of registration deletion, granted by the former fishing ship registration agency, enclosed with the ship’s old registration dossier (original);
c/ Two photos of the ship, size 9 x 12 (color photos of the whole ship from both sides);
d/ Papers mentioned at Items c and d, Point 1.1, Clause 1 of this Section.
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C. For fishing ships bought from foreign countries
1. Papers to be submitted, one copy each:
a/ Declaration for fishing ship and crew registration (original);
b/ Permit for purchase of the ship, granted by a competent Vietnamese State body (original);
c/ Written certification of the completion of customs procedures (original);
d/ Certificate of deletion of old registration, granted by the ship registration agency of the country that sells the ship (original), enclosed with the Vietnamese translation authenticated by a competent body;
e/ Receipt for payment of registration fee (original);
f/ Two photos of the ship, size 9 x 12 (color photos of the whole ship from both sides).
2. Papers to be produced (original copies):
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b/ Permit for use of the ship’s radio, if any.
D. For fishing ships dry-leased or hire-purchased from foreign countries
1. Papers to be submitted, one copy each:
a/ Contract on dry-lease or hire-purchase of the ship into Vietnam (original);
b/ Written certification of temporary suspension of the old registration (original), granted by the former registration agency, enclosed with the Vietnamese translation authenticated by a competent body;
c/ Permit for dry-lease or hire-purchase of the ship into Vietnam (original), granted by a competent Vietnamese State body;
d/ Papers mentioned at Points a, c, e and f, Clause 1, Section C of this Article.
2. Papers to be produced (originals): Papers mentioned in Clause 2, Section C of this Article.
E. For fishing ships donated as refundable aid by foreign organizations and individuals
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a/ Paper on the receipt of the donated ship (original), granted by a competent Vietnamese State agency;
b/ Papers mentioned at Points a, c, d and f, Clause 1, Section C of this Article.
2. Papers to be produced (original copies):
Papers mentioned at Points a and b, Clause 2, Section C of this Article.
1. Fishing ship registration certificates may be re-granted in the following cases:
a/ They are lost, torn or damaged;
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2. A dossier to be submitted to the fishing ship registry agency for re-granting of a registration certificate consists of:
a/ Declaration for changing the ship’s name or re-granting the fishing ship’s registration;
b/ Old registration certificate (if it is torn, damaged or the ship’s name is changed; original) or declaration of loss of the "fishing ship registration certificate", with certification by the commune or ward administration or the police or border guard station of the place where the certificate is lost (for loss of certificates).
3. The fishing ship registry agencies shall consider and re-grant "fishing ship registration certificates" to ship owners within three days after receiving the declarations.
4. Re-granted registration certificates must bear the previously granted registration numbers and clearly indicate the time of re-granting.
a/ The ship is destroyed or sunk and it is certified by a competent maritime accident investigation body that the ship has actually lost its capability for fishery activities;
b/ The ship is missing (six months after communication with the ship is lost);
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d/ The ship’s ownership is transferred out of the Vietnamese territory.
2. The fishing ship registry agencies shall have to receive the above-said dossiers and within three days after receiving complete and valid dossiers, they shall consider and grant certificates of deletion of the fishing ship’s registration and at the same time delete the ships names in the fishing ship registers.
1. Fishing ships shall be granted "temporary registration certificates" in the following cases:
a/ When making registration of old fishing ships bought from foreign countries for use but the ship owners have not yet obtained the certificates of deletion of the sea-going ships registered names and the certificates of payment of registration fee;
b/ When making registration of fishing ships newly built in Vietnam for test run to the place of official registration.
A dossier to be submitted for temporary registration consists of:
a/ Declaration for granting of a temporary registration certificate, clearly stating the reason therefor;
b/ Ship-building contract or contract for transfer of the ship’s ownership;
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3. Temporary registration certificates for fishing ships granted to ship owners shall be valid for 90 days only.
OVERSEAS REGISTRATION OF FISHING SHIPS OWNED BY VIETNAMESE ORGANIZATIONS AND INDIVIDUALS
2. The overseas registration of fishing ships owned by Vietnamese organizations or individuals must be permitted by the Minister of Aquatic Resources.
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1. Fishing ship crew mentioned in Article 6 of this Regulation must hold fishing ship crew books.
2. Applicants for fishing ship crew books must meet all the following conditions:
a/ Being aged full 18 years or more;
b/ Being physically fit and good at swimming;
c/ Having been trained in the ABC of maritime jobs at courses organized by competent fishing ship registry agencies (if they have not yet obtained professional qualification certificates compatible with the prescribed titles on fishing ships).
3. A dossier of application for a crew book consists of:
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b/ A professional qualification certificate compatible with one of the prescribed titles on fishing ships, granted by a competent State body (a notarized copy) or a certificate of professional training in sea fishing (original), granted by a fishing ship registry agency.
4. The fishing ship registry agencies shall receive the dossiers and carry out the procedures for granting fishing ship crew books within seven days after receiving the complete and valid dossiers.
The crew registration and granting of fishing ship crew books for different kinds of fishing ships are prescribed as follows:
a/ For crew working on fishing ships mentioned in Article 6 of this Regulation, the provisions of Article 32 of this Regulation must be complied with;
b/ For crew working on fishing ships not mentioned in Article 6 of this Regulation, the fishing ship registry agencies shall base themselves on Clause 2, Article 32 of this Regulation to enter the list of crew in the fishing ship crew directories.
2. A dossier to be submitted for crew registration and granting of a fishing ship crew directory consists of:
a/ Declaration for fishing ship and crew registration (original);
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3. After registration, each fishing ship is granted a fishing ship crew directory.
4. The fishing ship registry agencies shall receive the dossiers and carry out the procedures for granting fishing ship crew directories to ship owners within seven days after receiving complete and valid dossiers.
2. The substitution of crewmen working on fishing ships during each sea trip is prescribed as follows:
a/ For crewmen working on fishing ships of those kinds mentioned in Article 6 of this Regulation, their substitutes must have fishing ship crew books; for crewmen on fishing ships of other kinds not mentioned in Article 6 of this Regulation, their substitutes are not required to have fishing ship crew books but they must come of age, be physically fit and good at swimming.
b/ At the requests of ship owners or captains, the competent persons (enterprise directors, for fishing ships of the enterprises; presidents of the People’s Committees of the communes or wards where the ship owners reside, for fishing ships not belonging to enterprises) must inscribe the substitute crewmen’s full names in the ships’ crew directories, then clearly inscribe their full names and titles, sign and stamp for certification.
COMMENDATION AND HANDLING OF VIOLATIONS
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2. Organizations and individuals that violate the provisions of this Regulation shall be handled according to current law provisions of Vietnam.
3. The lodging and settlement of complaints and denunciations related to the implementation of this Regulation shall comply with the Complaint and Denunciation Law.
Article 36.- This Regulation takes effect 15 days after its signing for promulgation.
This Regulation replaces:
1. The Regulation on fishing ship and crew registration, issued together with Decision No. 413-QD/BVNL of April 1, 1996 of the Minister of Aquatic Resources.
2. Decision No. 211/TS-QD of June 17, 1992 of the Minister of Aquatic Resources regarding the technical management and safety inspection of fishing means.
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