What are principles of patrol, inspection, and control of the Fisheries Resources Surveillance Force in Vietnam?

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Question date: 29/03/2023

What are principles of patrol, inspection, and control of the Fisheries Resources Surveillance Force in Vietnam? What are requirements during the performance of official duties in patrolling, inspecting, and controlling activities of the Fisheries Resources Surveillance Force in Vietnam? What are development and issuance of plans for patrol, inspection, and control of the Fisheries Resources Surveillance Force in Vietnam? What is competency in establishing patrols of the Fisheries Resources Surveillance Force in Vietnam? What is composition of a patrol of the Fisheries Resources Surveillance Force in Vietnam?

Please advise according to latest regulations.

    • What are principles of patrol, inspection, and control of the Fisheries Resources Surveillance Force in Vietnam?

      Article 4 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates principles of patrol, inspection, and control of the Fisheries Resources Surveillance Force as follows:

      1. Organization of patrolling, inspecting, and controlling activities shall ensure the safety of people and vehicles operating on the sea.

      2. Organization of patrolling, inspecting, and controlling activities shall be public, transparent, and in accordance with the plan and regulations of the law.

      3. The prevention and handling of violations against regulations on fishing and the protection of aquatic resources shall be in accordance with regulations of the law.

      What are requirements during the performance of official duties in patrolling, inspecting, and controlling activities of the Fisheries Resources Surveillance Force in Vietnam?

      Article 5 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates requirements during the performance of official duties in patrolling, inspecting, and controlling activities of the Fisheries Resources Surveillance Force as follows:

      1. Properly perform assigned functions, tasks, entitlements, and approved plans.

      2. Have a respectful and proper attitude when performing official duties.

      3. Do not affect and create favorable conditions for agencies, organizations, individuals, and vessels legally operating on the sea.

      4. Do not take advantage of the working position for illegal benefits.

      What are development and issuance of plans for patrol, inspection, and control of the Fisheries Resources Surveillance Force in Vietnam?

      Article 6 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates development and issuance of plans for patrol, inspection, and control of the Fisheries Resources Surveillance Force as follows: :

      1. Bases for the development of plans for patrol, inspection, and control

      Plans for patrol, inspection, and control are developed based on:

      a) Annual plans for patrol, inspection, and control approved by competent authorities;

      b) Requests of competent agencies;

      c) Directives of superior management agencies.

      2. Competency in issuing plans for patrol, inspection, and control

      a) Director of the Department of Fisheries Resources Surveillance shall issue plans for patrol, inspection, and control of the Department of Fisheries Resources Surveillance;

      b) Director of the Regional Fisheries Resources Surveillance Sub-Department shall issue plans for patrol, inspection, and control of the Regional Fisheries Resources Surveillance Sub-Department;

      c) Heads of Fisheries Resources Surveillance Agencies or heads of local fisheries management agencies shall issue local plans for patrol, inspection, and control.

      3. Plans for patrol, inspection, and control shall comply with forms prescribed in Appendix I promulgated with this Circular.

      What is competency in establishing patrols of the Fisheries Resources Surveillance Force in Vietnam?

      In Clause 1, Article 7 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) stipulates competency in establishing patrols of the Fisheries Resources Surveillance Force as follows:

      1. Competency in establishing patrols

      a) Director of the Department of Fisheries Resources Surveillance shall establish patrols according to the plans for patrol, inspection, and control of the Department of Fisheries Resources Surveillance;

      b) Director of the Regional Fisheries Resources Surveillance Sub-Department shall establish patrols according to the plans for patrol, inspection, and control of the Regional Fisheries Resources Surveillance Sub-Department;

      c) Heads of Fisheries Resources Surveillance Agencies or heads of local fisheries management agencies shall establish patrols according to local plans for patrol, inspection, and control.

      What is composition of a patrol of the Fisheries Resources Surveillance Force in Vietnam?

      In Clause 2, Article 7 of Circular 18/2022/TT-BNNPTNT (effective from January 9, 2023) composition of a patrol of the Fisheries Resources Surveillance Force is as follows:

      2. Composition of a patrol

      A patrol includes a leader, a deputy leader, and members. The leader of the patrol is the person who commands the patrol, complies with executive instructions, and takes responsibility before the person who establishes the patrol and the law. Decisions on patrol establishment shall comply with forms prescribed in Appendix II promulgated with this Circular.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 4 of Circular 18/2022/TT-BNNPTNT Download
    • Article 5 of Circular 18/2022/TT-BNNPTNT Download
    • Article 6 of Circular 18/2022/TT-BNNPTNT Download
    • Article 7 of Circular 18/2022/TT-BNNPTNT Download
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