What are eligibility requirements to be satisfied by a steel fishing vessel building in Vietnam?

1. What are eligibility requirements to be satisfied by a steel fishing vessel building in Vietnam?

Pursuant to Article 51 of Decree 26/2019/ND-CP stipulating eligibility requirements to be satisfied by a steel fishing vessel building and modification facility are as follows:

1. There must be factories and necessary equipment according to Section 1 in the Appendix VI hereof.

2. There must be a quality control and management department and technical staff according to Section 4 in the Appendix VI hereof.

3. There must be a quality management system certification according to ISO 9001 or equivalent (applicable to Class I and Class II facilities); there must be technical procedures according to national technical regulation on classification and construction of fishing vessels (applicable to Class III facilities).

Thus, in order to be granted a certificate of eligibility for steel fishing vessel building and modification facility, your new steel fishing vessel must meet the conditions as specified above in Vietnam.

2. What does application for issuance of the certificate of eligibility for building fishing vessels in Vietnam comprise?

Pursuant to Article 54 of Decree 26/2019/ND-CP, issuance, re-issuance and revocation of certificates of eligibility for building and modifying fishing vessels are regulated as follows:

1. An application for issuance of the certificate of eligibility includes:

a) An application form (Form No. 01.TC in the Appendix V hereof);

b) A description of eligibility requirements (Form No. 02.TC in the Appendix V hereof).

2. An application for re-issuance of the certificate of eligibility includes:

a) An application form (Form No. 03.TC in the Appendix V hereof);

b) The issued certificate of eligibility.

3. Procedures for issuance and re-issuance of the certificate of eligibility:

a) The applicant shall submit an application to the Department of Agriculture and Rural Development of the province where the fishing vessel building and modification facility is located;

b) Within 07 working days from the receipt of the sufficient application, the Department of Agriculture and Rural Development shall inspect and assess the fulfillment of eligibility requirements by the facility. If the facility fails to satisfy all eligibility requirements, the facility shall take corrective actions. After taking corrective actions, the facility shall notify the Department of Agriculture and Rural Development in writing to inspect and assess the fulfillment of eligibility requirements by the facility;

c) If the application is satisfactory and the facility satisfies all eligibility requirements, within 03 working days from the end of the inspection/assessment, the Department of Agriculture and Rural Development shall issue the certificate of eligibility for building and modifying fishing vessels according to the Form No. 04.TC in the Appendix V hereof;

d) In case of rejection of the application, a response and explanation shall be provided in writing.

4. Procedures for revocation of the certificate of eligibility:

a) Any authority that has the power to issue the certificate of eligibility for building and modifying fishing vessels also has the power to revoke it;

b) If the facility is found committing one of the violations specified in Clause 3 Article 64 of the Law on Fisheries, the competent authority shall issue a decision on revocation of the issued certificate of eligibility and publish a notification thereof on the mass media.

According to this Article, application and procedures for issuance of the certificate of eligibility for building fishing vessels in Vietnam will include the documents as prescribed above.

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