PEOPLE’S COMMITTEE
OF THAI BINH PROVINCE
-------
No.: 10/2014/QD-UBND
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
---------------
Thai Binh, August 20 th
, 2014
DECISION
On issuing the regulation on management of storm-sheltering anchorage zones for fishing ships in Thai Binh province
------------------------------
PEOPLE’S COMMITTEE OF THAI BINH PROVINCE
Pursuant to Law on organization of People’s Councils and People’s Committee dated
November 26 th , 2003;
Pursuant to Law on promulgation of legal normative documents of People’s Councils and People’s Committee dated December 03 rd
, 2004;
Pursuant to the Fisheries Law dated November 26 th , 2003; Law on Enterprises dated
November 29 th
2005; Law on Investment dated November 29 th
, 2005;
Pursuant to Decree No. 43/2006/ND-CP dated April 25 th
, 2006 of the Government on regulating autonomy and self-responsibility of tasks performance, apparatus organization, staff organization and finance for public non-business units;
Pursuant to Decree No. 80/2012/ND-CP dated October 08 th
, 2012 of the Government on management of fishing ports, storm-sheltering anchorage zones for fishing ships;
Ministry of Agriculture and Rural Development on providing detailed regulations for enforcement of some articles of Decree No. 80/2012/ND-CP dated October 08 th
, 2012 of the
Government on management of fishing ports, storm-sheltering anchorage zones for fishing ships;
Pursuant to Circular No. 52/2013/TT-BNNPTNT dated December 11 th
, 2013 of
At the requests of: Department of Justice in Report No. 50/BC-STP dated June 25 th
,
2014; Department of Agriculture and Rural Development in Statement No. 191/TTr-
SNN&PTNT dated July 07 th , 2014,
DECIDES:
Article 1. To issue the Regulation on management of storm-sheltering anchorage zones for fishing ships in Thai Binh province enclosed with this Decision.
Article 2.
This Decision shall take effect after 10 days from the date of signing.
Article 3.
The Chief of the Provincial People’s Committee Office; Directors of
Department of Agriculture and Rural Development, Department of Finance, Department of
Planning and Investment, Department of Natural Resources and Environment, Department of
Transport, Department of Construction and Department of Justice; Chairmen of People’s
Committees of Thai Thuy and Tien Hai districts; Heads of relevant departments, agencies and sectors; Director of the Management Board of storm-sheltering anchorage zones for fishing ships and relevant organizations and individuals shall implement this Decision./.
Recipients:
- As Article 3;
- Ministry of Agriculture and Rural Development;
- Department of Legal documents Inspection- Ministry of Justice;
- Standing Provincial Party Committee, Standing Provincial
People’s Council;
- Chairman and Vice-Chairmen of Provincial’s People’s
Committee;
- Provincial Standing Committee for Floods and Storm Control and SAR;
- Ministry of Justice;
- Provincial Electronic Information Portal;
- Thai Binh Newspaper;
- Thai Binh Gazette;
- Leadership of the PPC’s Office;
- Archived: VT, NNTNMT, TH
ON BEHALF OF PROVINCIAL
PEOPLE’S COMMITTEE
CHAIRMAN
(Signed & Sealed)
Pham Van Sinh

PEOPLE’S COMMITTEE
OF THAI BINH PROVINCE
-------------------
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
---------------
On the management of storm-sheltering anchorage zones for fishing ships in Thai Binh province
(Issued according to Decision No.10/2014/QD-UBND dated August 20 th
, 2014 of
People’s Committee of Thai Binh province).
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Chapter I
GENERAL REGULATION
Article 1. Governing scope and Applicable entities
1. This Regulation provides regulation on the management of storm-sheltering anchorage zones for fishing ships in Thai Binh province and responsibilities of relevant organizations, agencies and individuals.
2. This Regulation is applicable to agencies, organizations and individuals that manage, exploit and use storm-sheltering anchorage zones for fishing ships.
Article 2. Interpretation of Terms
1. Storm-sheltering anchorage zones for fishing ships means the zones used for ships to moor, shelter from storms and make some logistics service of fishery including anchorage water basin, ships pass, works serving for anchoring of ships to shelter from storm and land area of storm-sheltering anchorage zones.
2. Anchorage water basin means the water basin limited and arranged in front of dock, turning basin, zones for anchorage, transship and storm-sheltering, and inflow and outflow of anchorage.
3. Infrastructure of storm-sheltering anchorage zones means the works, work items in the anchorage zone including narrow passage system, turning basin, anchorage water basin, dock, dyke, embankment, mooring pile, mooring works, anti-knock pad, sand dike, internal road, working office and systems of: communication, power supply, water supply and drainage, waste water treatment and signaling equipment, lightning equipment, facilities of fishery logistics service and other properties.
4. Ships include fishing ships, cargo ships, logistics ships and other floating structures operating in the anchorage water basin for storm-sheltering.
5. Sewage means solid waste discharged from the process of production, business, services and domestic activities.
6. Effluent means liquid waste discharged from the process of production, business, services and domestic activities.
7. Hazardous waste means waste that contains toxic elements, radioactive, oil and oil compounds, flammable, explosive, corrosive, infectious, toxic or other hazardous properties .
8. Management Board of storm-sheltering anchorage zones (Management Board) means the unit that shall directly manage and operate activities in storm-sheltering anchorage zones.
Article 3. Organization form
1. Storm-sheltering anchorage zones for fishing ships located within fishing ports shall be managed in accordance with the Regulation on fishing ports management.
2. Separate storm-sheltering anchorage zones: Management Board of storm-sheltering anchorage zones shall be organized and operated in following form: The Management Board

of storm-sheltering anchorage zones as a utility non-business unit shall perform the autonomic mechanism according to Decree No.43/2006/ND-CP dated April 25 th
, 2006 of the
Government on regulating autonomy and self-responsibility of tasks performance, apparatus organization, staff organization and finance for public organizations and established by
Provincial’s People’s Committee and under directly managed by Department of Agriculture and Rural Development of Thai Binh province.
Chapter II
DUTIES AND POWERS OF MANAGEMENT BOARD OF
STORM-SHELTERING ANCHORAGE ZONES zones
Article 4. Duties and powers of the Management Board of storm-sheltering anchorage
1. Establish and issue Rules of storm-sheltering anchorage zones and publicly announce the Rules at storm-sheltering anchorage zones.
2. Perform tasks assigned by the State for the management, use of storm-sheltering anchorage zone and utility service activities in accordance with regulations of law on production and supply of utility products and services.
3. Make a log of docked ships and cargo transferred into dock to serve the statistics, reports, inspection and control of activities of storm-sheltering anchorage zones; make a log of monitoring the exploitation, use and technical situation of works, work items, equipment under of infrastructures of storm-sheltering anchorage zones .
4. Manage and use land, anchorage water basin, infrastructures, machines, equipment and finance of storm-sheltering anchorage zones according to regulations of law. Organize inventory and reassessment of assets of storm-sheltering anchorage zones yearly; periodically reports to Department of Agriculture and Rural Development.
5. Organize and manage logistics activities in storm-sheltering anchorage zones; facilitate and meet demands of organizations and individuals entitled utility services and other logistics services.
6. Collect and manage fees and charges of ships anchoring in case of no storms, tropical cyclones, floods and dangerous weather. When there is a storm, tropical cyclones, fishing ships and other ships anchored to shelter from storm shall not have to pay fees and charges.
7. Make and implement plans on flood, storm control and search and rescue (SAR) at storm-sheltering anchorage zones along with the local Committee for flood, storm control and
SAR.
8. Comply with the Regulation on SAR coordination at sea and ports water; the Plan on flood, storm control and SAR approved by PPC.
9. Arrange staffs of storm-sheltering anchorage zones to ensure the order and security, protect environment and fire and explosion fighting and prevention; regularly provide information about weather on the radio system of storm-sheltering anchorage zones; actively recovery and solve on site damages of accidents, environmental pollution; support services for organizations and individuals upon the request.
10. Coordinate with competent agencies, local authority to implement assigned tasks, ensure the order and security, exit and entry, pollution prevention and environment protection, food safety and hygiene of aquatic products; prevent and fight against floods, storm, fire in storm-sheltering anchorage zones.
11. Coordinate with: Agency of Maritime Safety, Maritime Administration to notice status of narrow passage, buoy warning safety for ships in storm-sheltering anchorage zones;
Specialized inspection units in managing storm-sheltering anchorage zones; State agencies upon request.

12. Comply with the inspection, monitoring and treatment of competent authorities of the order and security, food safety, environment protection at storm-sheltering anchorage zones and other relevant sectors.
13. Prohibit entry and exit of people and fishing ships that does not comply with the
Rules and Regulation of storm-sheltering anchorage zones.
14. While the anchorage shall not be used for storm-sheltering, depending on specific conditions, the management and use of this area as fishing ports shall be implemented in accordance with regulations of law.
15. Implement the management of infrastructures in accordance with current regulations ensuring long-term use and safety of assets, works at storm-sheltering anchorage zones.
Article 5. Coordination in the management of storm-sheltering anchorage zones
1. Relation between the Management Board and relevant units a) Be responsible for implementing regime of periodic reports in accordance with regulations under the direction of profession and operation of Department of Agriculture and
Rural Development. b) Hand over the management and administration of storm-sheltering anchorage zones for the local Committee for Flood and Storm control and SAR when this area is used as storm-sheltering anchorage zones. c) Coordinate with Borders agencies, Public Security, Environment and Natural
Resource to ensure the order and security, environment protection, fire and explosion fighting and prevention, flood and storm control, labor safety at storm-sheltering anchorage zones; remedy environment pollution, damages caused by storm, tropical cyclones and accidents. d) Coordinate with Agencies of Maritime Safety, Maritime Administration, Agency of maritime products management, Coast Guard in ensuring maritime safety, inland waterway safety, dock safety, safety of people and vehicles accessing storm-sheltering anchorage zones. dd) Coordinate with Immigration Agencies, Border Police, Agency of maritime products management in entrance and exit activities and supports for foreign fishing ships accessing the storm-sheltering anchorage zones in case of force majeure. e) Coordinate with functional agencies, specialized inspection units in treating administrative violations in storm-sheltering anchorage zones and if required.
2. Relation between the Management Board and the local authority having stormsheltering anchorage zones. a) Perform regime of timely reporting; propose and advise matters related to floods and storm control and SAR, remedy damages caused by storms, cyclones, and accidents happening in storm-sheltering anchorage zones to People’s Committees of districts. b) Coordinate to implement, guide and supervise activities related to the management of storm-sheltering anchorage zones; ensure the order and security; prevent and remedy damages caused by storms, cyclones, and accidents; search and secure; propagate to organizations, individuals to execute regulations of the State on the management of stormsheltering anchorage zones strictly; notice fees and charges as regulated.
3. Relation between the Management Board and organizations and individuals operating in storm-sheltering anchorage zones a) Propagate, disseminate and guide organizations and individuals operating in stormsheltering anchorage zones to comply with the Rules, Regulation on the management of storm-sheltering anchorage zones. b) Public and guide organizations and individuals to execute fees and charges payment as regulated.

c) Management Board shall facilitate, help and support to organizations and individuals operating in storm-sheltering anchorage zones in anchoring, using utility services and other logistics service as regulated.
Article 6. Flood, storm control and SAR
1. Based on actual situation, actively develop, organize and implement plan on flood, storm, and tropical cyclones control. Establish plan on coordination with the local Committee for Flood, storm control and SAR in flood, storm control and SAR.
2. In case of storm, tropical cyclones and dangerous weather: a) Hand over the management and administration of storm-sheltering anchorage zones for the local Committee for Flood, Storm control and SAR when this area is used as stormsheltering anchorage zones. b) Organize duty supervision; actively implement flood, storm and tropical cyclones control. Use the media of Management Board to regularly update information about happening of storm, tropical cyclones, weather and timely notice owner of ships, organizations and individuals operating in storm-sheltering anchorage zones for active prevention. c) Append beacon warning storm, tropical cyclones as regulated. d) Guide organizations, individuals to anchor, moor ships, and move assets during storm and tropical cyclones sheltering. In special cases, to coordinate with the local
Committee for flood, storm control, Border Posts in the province to take measures on requiring fishermen not to stay on the ship when ship was brought to anchorage zones. dd) Report list of fishing ships and number of people in ships anchoring in stormsheltering anchorage zones to the local Committee for flood, storm control and SAR,
Department of Agriculture and Rural Development. e) In case, foreign ships enter storm-sheltering anchorage zones, Management Board shall immediately notify the relevant local authorities to coordinate on management as regulated.
3. In case of ended storm and tropical cyclones a) Participate to remedy damages caused by storm, tropical cyclones. b) Statistic damages caused by storm, tropical cyclones to timely report the local
Committee for flood, storm control and SAR, Department of Agriculture and Rural
Development. c) Not to collect fees and charges of ships anchoring for sheltering from storm and tropical cyclones.
Article 7. Environmental sanitation
1. Maintain the operation of collection system of garbage, effluent, waste oil on shore to receive garbage, and effluent, waste oil discharged from ships.
2. Establish the process of garbage, effluent and waste oil collection and appoint staffs for guiding captains to collect garbage, pump effluent up to collection system.
3. Arrange staffs to arrange and guide ships for anchoring at right position facilitating goods unloading, effluent, and garbage collection.
4. Guide, inspect and monitor organizations, individuals to comply with requirements on environment protection according to this Regulation and other relevant regulations.
Article 8. Financial management
1. Organize and manage fees and charges collection, budget expense and receipts as regulated. Manage finance activities of storm-sheltering anchorage zones in accordance with regulations of law.

2. Service charges and use of collected charges: In accordance with regulations of the
State and Thai Binh PPC.
3. Make plan and submit to the competent authority for approval of operation expenses for Management Board; expenses for utility services, upgrade, maintenance of infrastructure, machine and equipment facilitating safety condition of storm-sheltering anchorage zones.
Chapter III
RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
OPERATING IN STORM-SHELTERING ANCHORAGE ZONES
Article 9. Rights and responsibilities of relevant organizations and individuals operating in storm-sheltering anchorage zones
1. Strictly comply with the Rules and Regulation of storm-sheltering anchorage zone.
2. Execute regulations on the order and security, entry and exit (for foreign people and fishing ships), maritime safety, maritime security, water navigation safety, hygiene and environment protection, fire and explosion fighting and prevention, flood, storm control, labor safety in storm-sheltering anchorage zone.
3. Timely notify Management Board and participate in SAR in storm-sheltering anchorage zone; coordinate with Management Board to solve and remedy damages caused by accidents.
4. Preserve, protect and safely use infrastructures; coordinate with Management Board in ensuring the order and security, traffic safety in water basin and the land of stormsheltering anchorage zone.
5. Comply with mobilization of Management Board; inspection, monitoring and treatment of competent authorities in inspecting and treating violations of the order and security, life and asset safety, environment protection in storm-sheltering anchorage zone.
6. Be allowed to anchor and use utility service of storm-sheltering anchorage zone in accordance with regulations of Management Board; be requested to support during anchoring at storm-sheltering anchorage zone.
7. Be provided information about weather and regulations of Management Board.
8. Pay fees and charges as regulated by the competent authority.
Article 10. Rights and responsibilities of captains and crew of ships accessing and anchoring in storm-sheltering anchorage zones
1. Implement regulations in Article 9 of this Regulation.
2. Moor ships in storm-sheltering anchorage zones as guidance of management staffs of storm-sheltering anchorage zone.
3. In normal weather conditions, ships accessing storm-sheltering anchorage zone shall present the following documents to the Management Board: a) Crew list of fishing ships. b) Certificate of technical safety for fishing ships (validity shall be remained for ships that must be registered). c) Fishing permits (validity shall be remained for ships that must not be registered). d) Fishing tackle shall be tied and neatly arranged; arrange shipman staying at ship to supervise and protect equipment of ship during anchoring in storm-sheltering anchorage zone.
4. Execute mobilization of Management Board of storm-sheltering anchorage zone in case of emergency.

5. Be requested to support, help and facilitate anchoring of ships and use other services to Management Board.
6. In case of force majeure, foreign fishing ships entry storm, tropical cyclonessheltering anchorage zone, Management Board shall guide such ships to moor and facilitate safety area for people and ships; notify relevant functional authorities to make necessary procedures in accordance with regulations of law.
Article 11. Flood, storm control and SAR
1. Comply with regulations on flood, storm control and SAR, plan on arrangement of anchoring of Management Board.
2. Captain or operator of fishing ships accessing the storm-sheltering anchorage zone shall comply with the administration and guidance of Committee for Flood, Storm Control and SAR.
3. Take measures to ensure safety of ships and fishing tackle.
4. For ships are sunk or run aground in storm-sheltering anchorage zone, owner of ships shall timely and actively remedy damages and notify the competent authority for support.
5. Ships shall only leave storm-sheltering anchorage zone when there is notice of ended storm, tropical cyclones or command of the Committee for Flood, storm Control and
SAR.
Article 12. Ensuring the order and security and social safety
1. Comply with regulations of law in the order and security and social safety.
2. People who are not member of crew staying at ships shall report to the competent authority as regulated.
3. Be responsible for coordinating with the Management Board in the prevention, detection and timely treatment of behaviors affecting the order and security.
Article 13. Ensuring labor safety and fire and explosion fighting and prevention
1. Strictly comply with regulations of law on labor safety and hygiene and fire and explosion fighting and prevention.
2. Captains shall be responsible for labor safety, hygiene, and fire and explosion prevention and fighting for their ship. The captains shall assign specific tasks for each crewmember to undertake fire and explosion fighting and prevention in ship.
3. Fully equip equipment of fire and explosion fighting and prevention (fire extinguishers, water pump, sprinkler, etc), such equipment shall be put in right places and available.
4. Be responsible for coordinating with Management Board in the detection and timely treatment of accident at work, fire and explosion.
Article 14. Environmental sanitation
1. For ships a) All ships accessing storm-sheltering anchorage zone shall perform garbage, effluent collection and pay fees to Management Board for transportation and treatment as regulated. b) Equip water pump or hire water pump to pump effluent from ships to effluent collection system on shore. c) Equip garbage containers in ships and make garbage collection to put up in garbage dump at designated places. d) Effluent mixed with oil shall be collected and treated separately in accordance with regulations on hazardous waste management.

dd) Waste oil shall be collected, transported, treated and destroyed in accordance with regulations on hazardous waste management.
2. For organizations and individuals building and repairing ships a) Make report on environmental impact assessment or commitment on environment protection approved and verified by the competent authority; strictly and fully comply with contents in report on the environmental impact assessment or the commitment on environment protection. b) Build system of effluent collection and treatment according to the commitment in environmental record and continuously operate this system during operation. c) Equip tools, means for environmental sanitation. Collect garbage, effluent and make a contract with organizations specializing transportation and treatment as regulated.
3. For organizations and individuals operating in food field. a) Comply with regulations of law on food safety. b) Garbage shall be collected and put in trash. Clean store everyday. c) Effluent shall be moved to effluent collection system for treatment.
4. For organizations and individuals trading in petroleum field a) To have commitment on environment protection verified by the competent authority, properly and fully implement contents in the commitment. b) Not to let the petroleum leak out to land and water basin in the area. Petroleum shall be transported by specialized vehicles.
Article 15. Prohibited acts in storm-sheltering anchorage zone
1. Discharge hazardous waste in accordance with current regulations of Law on environment protection including oil, grease, effluent, domestic waste, soil, rock, sand, gravel, animal and vegetable corpse in storm-sheltering anchorage zone.
2. Transport prohibited goods, goods that are likely to cause pollution, toxic goods, explosives, and smuggled goods, counterfeit into storm-sheltering anchorage zone.
3. Clean dock of ships or cargo chamber and directly discharge into sea causing environment pollution.
4. Encroach and occupy protection limit of storm-sheltering anchorage zone for fishing ships.
5. Destroy, remove and cause damages of works, equipment in storm-sheltering anchorage zone.
6. Control fishing ships and other vehicles in wrong manner causing effects of works in storm-sheltering anchorage zone for fishing ships.
7. Implement acts affecting the order and security, safety; obstructing the management, exploitation, use and protection of storm-sheltering anchorage zone for fishing ships.
8. Moor ships in wrong places.
9. Other prohibited acts in accordance with regulations of law.
Chapter IV
PROVISION OF EXECUTION
Article 16. Responsibilities of Department of Agriculture and Rural Development
1. Advise Thai Binh PPC to implement the State management for storm-sheltering anchorage zone in Thai Binh province.

2. Guide Management Board to implement this Regulation at decentralized stormsheltering anchorage zone; establish rules of storm-sheltering anchorage zone and disseminate relevant organizations and individuals for performance.
3. Monitor, check and inspect the implementation of Regulation on the management of storm-sheltering anchorage zone; coordinate with functional agencies, units to organize training, improving management skills for staffs, workers in storm-sheltering anchorage zones in the province.
4. Make a management log of storm-sheltering anchorage zone under its management; report Chairman of PPC, Ministry of Agriculture and Rural Development on activities of storm-sheltering anchorage zones yearly.
Article 17. Responsibilities of relevant departments and sectors
To the extent of assigned functions and duties, cooperate with Department of
Agriculture and Rural Development to handle petitions of Management Board of stormsheltering anchorage zones for fishing ships in managing works; manage use of land, water basin, manage assigned assets and other petitions related to management and use of stormsheltering anchorage zones in the province.
Article 18. District People’s Committee having storm-sheltering anchorage zones for fishing ships
1. Cooperate with Department of Agriculture and Rural Development to advise PPC in the State management of storm-sheltering anchorage zones in the province.
2. Guide relevant specialized divisions, People’s Committee of communes that have storm-sheltering anchorage zones to support Management Board in implementing this
Regulation well.
Article 19. Reward and punishment
1. Agencies, organizations and individuals with achievements in the implementation of regulations of law on management of storm-sheltering anchorage zones shall be rewarded as regulated.
2. Agencies, organizations and individuals who manage, exploit and use stormsheltering anchorage zones violating this Regulation, depending on the extent and nature of violations shall be subject to sanction against administrative violations and prosecution of criminal liability.
Article 20. Amendments and supplementations to the Regulation
During the implementation of this Decision, if arising any difficulty, inconsistency with reality, it is necessary to amend and supplement; Director of Management Board shall report to Director of Department of Agriculture and Rural Development to guide summary and submit to PPC for consideration, amendment and supplementation in accordance with actual situation./.
ON BEHALF OF PROVINCIAL
PEOPLE’S COMMITTEE
CHAIRMAN
(Signed & Sealed)
Pham Van Sinh