Some regulations on the exploitation and capture of aquatic resources in Vietnam

19/04/2023

The exploitation and capture of aquatic resources have been a long-standing traditional profession of Vietnamese fishermen. Ensuring sustainable and long-term efficiency in fisheries requires strict adherence to both Vietnamese and international legal regulations to preserve and leverage the coastal advantages of the country. The primary regulations are outlined in the Fisheries Law 2017, numbered 18/2017/QH14, issued on 21/11/2017, and effective from 01/01/2019.

The exploitation and capture of aquatic resources have been a long-standing traditional profession of Vietnamese fishermen. Ensuring sustainable and long-term efficiency in fisheries requires strict adherence to both Vietnamese and international legal regulations to preserve and leverage the coastal advantages of the country. The primary regulations are outlined in the Fisheries Law 2017, numbered 18/2017/QH14, issued on 21/11/2017, and effective from 01/01/2019.

1. Some Key Concepts to Grasp
Fishery activities encompass the protection and development of aquatic resources; aquaculture; the exploitation of aquatic resources; processing, buying, selling, exporting, and importing aquatic products. The exploitation of aquatic resources involves fishing activities or post-fishing support activities for the exploitation of aquatic resources.

Illegal fishing is the act of exploiting aquatic resources carried out by Vietnamese or foreign fishing vessels within the maritime jurisdiction of a nation without permission, activities contrary to the laws and regulations of that country, or by vessels flying the flag of a nation that has entered into an agreement with a regional fisheries management organization but operates in violation of the conservation and management measures binding on the flag state. This includes actions contrary to the provisions of applicable international laws or vessels violating the laws or international obligations of a country, including the international laws and obligations of countries cooperating with a relevant regional fisheries management organization.

Unregulated fishing is the act of exploiting aquatic resources conducted within the operating area of a relevant regional fisheries management organization by non-national fishing vessels, vessels flying the flag of a non-member state, or any other entity engaged in fishing activities in an inconsistent or contrary manner with the conservation and management measures of that organization. It also refers to activities carried out by vessels in areas or targeting species not subject to conservation or management measures, inconsistent with a nation's responsibility for the conservation of marine biological resources under international law.

2. Some Regulations on Exploitation and Fishing of Aquatic Resources in Vietnam

a) 13 Prohibited Acts in Fisheries Activities

Under Article 7 of the Fisheries Law, 13 prohibited acts in fisheries activities are stipulated as follows:

Destructive actions against aquatic resources, aquatic ecosystem, areas of concentrated reproduction, areas with young aquatic organisms, and habitats of aquatic species.
Unlawfully obstructing the natural migration routes of aquatic species.
Encroaching upon, occupying, or causing harm to protected areas of aquatic resources and marine reserves.
Exploiting, farming aquatic products, constructing works, and conducting other activities that affect the living environment and aquatic resources in strictly protected areas and ecological restoration zones of marine reserves.
Unauthorized activities of fishing vessels, ships, and other watercraft in strictly protected zones of marine reserves, except in cases of force majeure.
Illegal exploitation of aquatic resources without reporting or compliance with regulations (hereinafter referred to as illegal fishing); buying, selling, transporting, storing, processing illegally harvested aquatic products or products containing impurities for the purpose of trade fraud.
Using prohibited substances, chemicals, poisons, explosives, electric shocks, methods, or fishing gear with destructive properties to exploit aquatic resources.
Using fishing gear to obstruct or cause damage to organizations or individuals engaged in fishing; anchoring or mooring vessels where the fishing gear of organizations or individuals is located or where other fishing vessels are operating, except in cases of force majeure.
Discarding fishing gear into natural water areas, except in cases of force majeure.
Introducing impurities into aquatic products for the purpose of commercial fraud.
Using antibiotics, veterinary drugs, plant protection substances prohibited in aquaculture; chemicals, biological products, microorganisms prohibited in the production of aquaculture feed; using aquatic species not listed in the permitted species list for business in Vietnam for aquaculture.
Destroying, dismantling, causing damage, encroaching upon the scope of fishing ports, anchoring areas for storm avoidance for fishing vessels; discharging waste in unauthorized areas within the fishing port or anchoring area for storm avoidance for fishing vessels.
Exploiting the investigation and evaluation of aquatic resources affecting national defense, security, national interests, and the legal rights and interests of other organizations and individuals; providing, exploiting information, using data on aquatic resources contrary to legal regulations.

b) 14 Acts Considered as Illegal Fishing

According to Article 60 of the Fisheries Law, 14 acts are considered as illegal fishing, including:

Fishing without a license.
Fishing in prohibited zones or during prohibited periods; fishing, transporting prohibited aquatic products; fishing species smaller than prescribed sizes; using prohibited fishing gear.
Illegally fishing endangered, rare, and precious aquatic species.
Illegally fishing in the sea areas under the management of regional, national fisheries management organizations, and other territorial seas.
Overfishing by species, fishing in the wrong areas, exceeding the time limits specified in the license.
Concealing, falsifying, or destroying evidence of violations related to the exploitation and protection of aquatic resources.
Obstructing and opposing authorized persons in conducting inspections and monitoring compliance with regulations on exploitation and protection of aquatic resources.
Transferring or assisting vessels identified to have engaged in illegal fishing, except in cases of force majeure.
Not equipping or inadequately equipping and operating communication and route monitoring equipment as required.
Not having a Certificate of Food Safety Conditions as required.
Temporarily importing, re-exporting, temporarily exporting, re-importing, transferring, or transiting through Vietnamese territories aquatic products, aquatic products originating from illegally harvested aquatic resources.
Not recording, inaccurately recording, or not submitting fishing logs as required.
Using non-national fishing vessels or vessels bearing the nationality of a non-member state to illegally fish in the international waters under the jurisdiction of regional fisheries management organizations.
Using fishing vessels to exploit aquatic resources not following the regulations on exploitation and protection of aquatic resources in international waters not under the jurisdiction of regional fisheries management organizations.
Organizations and individuals violating the above regulations may be administratively sanctioned or criminally prosecuted, depending on the severity of the violation. The administrative penalty for individuals can be a maximum fine of 1,000,000,000 VND, and for organizations, it can be a maximum fine of 2,000,000,000 VND.

c) Administrative Sanctions in the Fisheries Sector

On May 16, 2019, the Government issued Decree 42/2019/ND-CP regulating administrative sanctions in the fisheries sector.
Organizations and individuals violating regulations related to the illegal exploitation of aquatic resources may face administrative penalties or criminal responsibility, depending on the severity of the violation. The maximum administrative fine is 1,000,000,000 VND for individuals and 2,000,000,000 VND for organizations.
Specifically, for serious violations related to fishing, the decree prescribes the following administrative fines:
1. A fine from 300,000,000 VND to 500,000,000 VND for vessel owners with one of the following violations:

a) Using a fishing vessel with a length from 15 meters to less than 24 meters without a valid or expired fishing license in Vietnamese waters.
b) Using a fishing vessel with a length of 24 meters or more to transfer illegally harvested aquatic products or assist in activities such as exploration, search, inducement, or transportation of aquatic products for vessels identified to have engaged in illegal fishing, except in cases of force majeure.
c) Not equipping route monitoring equipment on fishing vessels with a length from 15 meters to less than 24 meters as required.
d) Not maintaining or disabling route monitoring equipment during operations at sea for fishing vessels with a length of 24 meters or more, except in cases of force majeure.
đ) Not recording fishing logs, purchase transfer logs for fishing vessels with a length of 24 meters or more.
e) Providing route monitoring equipment for fishermen without ensuring compliance with the specified technical requirements.

2. A fine from 500,000,000 VND to 700,000,000 VND for vessel owners with one of the following violations:

a) Using a fishing vessel with a length from 15 meters to less than 24 meters to fish in Vietnamese waters without a valid fishing license or with an expired license in case of reoffending or multiple violations.
b) Using a fishing vessel with a length of 24 meters or more to transfer illegally harvested aquatic products or assist in activities such as exploration, search, inducement, or transportation of aquatic products for vessels identified to have engaged in illegal fishing in case of reoffending or multiple violations, except in cases of force majeure.
c) Not equipping route monitoring equipment on fishing vessels with a length from 15 meters to less than 24 meters as required in case of reoffending or multiple violations.
d) Not maintaining or disabling route monitoring equipment during operations at sea for fishing vessels with a length of 24 meters or more in case of reoffending or multiple violations, except in cases of force majeure.
đ) Not recording the logbook for seafood harvesting, logbook for purchasing and transferring seafood for vessels with a length of 24 meters or more in case of repeated violations or multiple offenses.
e) Not recording fishing logs, purchase transfer logs for vessels with a length of 24 meters or more in case of reoffending or multiple violations.
f) Concealing, falsifying, or destroying evidence of violations related to the exploitation and protection of aquatic resources.
g) Not recording fishing logs or recording inaccurately compared to the technical requirements of the regional fisheries management organization or reporting serious inaccuracies for the regulations of the regional fisheries management organization when engaging in fishing in the sea areas under the management of the regional fisheries management organization.
h) Overfishing beyond the limits set by the regional fisheries management organization.

3. A fine from 800,000,000 VND to 1,000,000,000 VND for vessel owners with one of the following violations:

a) Using a fishing vessel with a length of 24 meters or more without a valid or expired fishing license in Vietnamese waters.
b) Fishing in the waters of another country, other territorial waters, or sea areas under the management of the regional fisheries management organization without a license or with an expired license, or without approval or with an expired approval.
c) Foreign fishing vessels operating in Vietnamese waters without a valid license or with an expired license.
d) Using a non-national fishing vessel or a vessel with the nationality of a non-member state to illegally fish in the sea areas under the jurisdiction of the regional fisheries management organization.
đ) Using fishing vessels to exploit aquatic resources without adhering to regulations on harvesting and protecting fisheries resources in international waters not under the jurisdiction of the regional fisheries management organization.
e) Using a fishing vessel to exploit aquatic resources not following the regulations on exploitation, protection of aquatic resources in international waters not under the jurisdiction of the regional fisheries management organization.
f) Using a fishing vessel violating regulations on management and conservation in international waters under the jurisdiction of regional fisheries management organizations of which Vietnam is a member.
g) Not equipping route monitoring equipment on fishing vessels with a length of 24 meters or more as required.
h) Concealing, falsifying, or destroying evidence of violations related to the exploitation and protection of aquatic resources in case of reoffending.
i) Overfishing beyond the limits set by the regional fisheries management organization in case of reoffending.

4. Additional Penalties:

a) Confiscation of illegally harvested aquatic products, illegally transferred aquatic products for violations mentioned in points a and b of clause 1, points a, b, and h of clause 2, and points a, b, c, d, e, g, and i of clause 3.
b) Confiscation of fishing vessels for violations mentioned in points b, c, d, g, and e of clause 3.
c) Suspension of the right to use the captain's certificate for Vietnamese fishing vessels from 6 to 12 months for violations mentioned in points a, b, and clause 1, points g and points d, e, and point g of clause 3.
d) Suspension of the right to use the fishing license from 6 to 12 months for violations mentioned in point g of clause 2 and points d, e, and point g of clause 3.

5. Remedial Measures:

Forcing the vessel owner to bear all the expenses for bringing the detained fishermen back to the country and other related expenses for violations mentioned in point b of clause 3.

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Some regulations on the exploitation and capture of aquatic resources in Vietnam

2. Some Regulations on Exploitation and Fishing of Aquatic Resources in Vietnam

a) 13 Prohibited Acts in Fisheries Activities

Under Article 7 of the Fisheries Law, 13 prohibited acts in fisheries activities are stipulated as follows:

Destructive actions against aquatic resources, aquatic ecosystem, areas of concentrated reproduction, areas with young aquatic organisms, and habitats of aquatic species.

Unlawfully obstructing the natural migration routes of aquatic species.

Encroaching upon, occupying, or causing harm to protected areas of aquatic resources and marine reserves.

Exploiting, farming aquatic products, constructing works, and conducting other activities that affect the living environment and aquatic resources in strictly protected areas and ecological restoration zones of marine reserves.

Unauthorized activities of fishing vessels, ships, and other watercraft in strictly protected zones of marine reserves, except in cases of force majeure.

Illegal exploitation of aquatic resources without reporting or compliance with regulations (hereinafter referred to as illegal fishing); buying, selling, transporting, storing, processing illegally harvested aquatic products or products containing impurities for the purpose of trade fraud.

Using prohibited substances, chemicals, poisons, explosives, electric shocks, methods, or fishing gear with destructive properties to exploit aquatic resources.

Using fishing gear to obstruct or cause damage to organizations or individuals engaged in fishing; anchoring or mooring vessels where the fishing gear of organizations or individuals is located or where other fishing vessels are operating, except in cases of force majeure.

Discarding fishing gear into natural water areas, except in cases of force majeure.

Introducing impurities into aquatic products for the purpose of commercial fraud.

Using antibiotics, veterinary drugs, plant protection substances prohibited in aquaculture; chemicals, biological products, microorganisms prohibited in the production of aquaculture feed; using aquatic species not listed in the permitted species list for business in Vietnam for aquaculture.

Destroying, dismantling, causing damage, encroaching upon the scope of fishing ports, anchoring areas for storm avoidance for fishing vessels; discharging waste in unauthorized areas within the fishing port or anchoring area for storm avoidance for fishing vessels.

Exploiting the investigation and evaluation of aquatic resources affecting national defense, security, national interests, and the legal rights and interests of other organizations and individuals; providing, exploiting information, using data on aquatic resources contrary to legal regulations.

b) 14 Acts Considered as Illegal Fishing

According to Article 60 of the Fisheries Law, 14 acts are considered as illegal fishing, including:

Fishing without a license.

Fishing in prohibited zones or during prohibited periods; fishing, transporting prohibited aquatic products; fishing species smaller than prescribed sizes; using prohibited fishing gear.

Illegally fishing endangered, rare, and precious aquatic species.

Illegally fishing in the sea areas under the management of regional, national fisheries management organizations, and other territorial seas.

Overfishing by species, fishing in the wrong areas, exceeding the time limits specified in the license.

Concealing, falsifying, or destroying evidence of violations related to the exploitation and protection of aquatic resources.

Obstructing and opposing authorized persons in conducting inspections and monitoring compliance with regulations on exploitation and protection of aquatic resources.

Transferring or assisting vessels identified to have engaged in illegal fishing, except in cases of force majeure.

Not equipping or inadequately equipping and operating communication and route monitoring equipment as required.

Not having a Certificate of Food Safety Conditions as required.

Temporarily importing, re-exporting, temporarily exporting, re-importing, transferring, or transiting through Vietnamese territories aquatic products, aquatic products originating from illegally harvested aquatic resources.

Not recording, inaccurately recording, or not submitting fishing logs as required.

Using non-national fishing vessels or vessels bearing the nationality of a non-member state to illegally fish in the international waters under the jurisdiction of regional fisheries management organizations.

Using fishing vessels to exploit aquatic resources not following the regulations on exploitation and protection of aquatic resources in international waters not under the jurisdiction of regional fisheries management organizations.

c) Administrative Sanctions in the Fisheries Sector

a) Using a fishing vessel with a length from 15 meters to less than 24 meters without a valid or expired fishing license in Vietnamese waters.

c) Not equipping route monitoring equipment on fishing vessels with a length from 15 meters to less than 24 meters as required.

d) Not maintaining or disabling route monitoring equipment during operations at sea for fishing vessels with a length of 24 meters or more, except in cases of force majeure.

đ) Not recording fishing logs, purchase transfer logs for fishing vessels with a length of 24 meters or more.

e) Providing route monitoring equipment for fishermen without ensuring compliance with the specified technical requirements.

2. A fine from 500,000,000 VND to 700,000,000 VND for vessel owners with one of the following violations:

a) Using a fishing vessel with a length from 15 meters to less than 24 meters to fish in Vietnamese waters without a valid fishing license or with an expired license in case of reoffending or multiple violations.

c) Not equipping route monitoring equipment on fishing vessels with a length from 15 meters to less than 24 meters as required in case of reoffending or multiple violations.

d) Not maintaining or disabling route monitoring equipment during operations at sea for fishing vessels with a length of 24 meters or more in case of reoffending or multiple violations, except in cases of force majeure.

đ) Not recording the logbook for seafood harvesting, logbook for purchasing and transferring seafood for vessels with a length of 24 meters or more in case of repeated violations or multiple offenses.

e) Not recording fishing logs, purchase transfer logs for vessels with a length of 24 meters or more in case of reoffending or multiple violations.

f) Concealing, falsifying, or destroying evidence of violations related to the exploitation and protection of aquatic resources.

h) Overfishing beyond the limits set by the regional fisheries management organization.

3. A fine from 800,000,000 VND to 1,000,000,000 VND for vessel owners with one of the following violations:

a) Using a fishing vessel with a length of 24 meters or more without a valid or expired fishing license in Vietnamese waters.

b) Fishing in the waters of another country, other territorial waters, or sea areas under the management of the regional fisheries management organization without a license or with an expired license, or without approval or with an expired approval.

c) Foreign fishing vessels operating in Vietnamese waters without a valid license or with an expired license.

d) Using a non-national fishing vessel or a vessel with the nationality of a non-member state to illegally fish in the sea areas under the jurisdiction of the regional fisheries management organization.

đ) Using fishing vessels to exploit aquatic resources without adhering to regulations on harvesting and protecting fisheries resources in international waters not under the jurisdiction of the regional fisheries management organization.

e) Using a fishing vessel to exploit aquatic resources not following the regulations on exploitation, protection of aquatic resources in international waters not under the jurisdiction of the regional fisheries management organization.

f) Using a fishing vessel violating regulations on management and conservation in international waters under the jurisdiction of regional fisheries management organizations of which Vietnam is a member.

g) Not equipping route monitoring equipment on fishing vessels with a length of 24 meters or more as required.

h) Concealing, falsifying, or destroying evidence of violations related to the exploitation and protection of aquatic resources in case of reoffending.

i) Overfishing beyond the limits set by the regional fisheries management organization in case of reoffending.

4. Additional Penalties:

a) Confiscation of illegally harvested aquatic products, illegally transferred aquatic products for violations mentioned in points a and b of clause 1, points a, b, and h of clause 2, and points a, b, c, d, e, g, and i of clause 3.

b) Confiscation of fishing vessels for violations mentioned in points b, c, d, g, and e of clause 3.

c) Suspension of the right to use the captain's certificate for Vietnamese fishing vessels from 6 to 12 months for violations mentioned in points a, b, and clause 1, points g and points d, e, and point g of clause 3.

d) Suspension of the right to use the fishing license from 6 to 12 months for violations mentioned in point g of clause 2 and points d, e, and point g of clause 3.

5. Remedial Measures:

Forcing the vessel owner to bear all the expenses for bringing the detained fishermen back to the country and other related expenses for violations mentioned in point b of clause 3.

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