What are details of Resolution 04/2024/NQ-HDTP on guidelines for criminal handling of illegal exploitation and trading of aquatic products in Vietnam from August 1, 2024?
What are details of Resolution 04/2024/NQ-HDTP on guidelines for criminal handling of illegal exploitation and trading of aquatic products in Vietnam from August 1, 2024?
On June 12, 2024, the Council of Judges of the Supreme People’s Court passed Resolution 04/2024/NQ-HDTTP providing guidelines for the application of certain provisions of the Criminal Code regarding the prosecution of criminal liability for acts related to the illegal exploitation, trading, and transportation of aquatic products in Vietnam.
To be specific:, according to Article 1 of Resolution 04/2024/NQ-HDTTP the scope of adjustment of this Resolution guides the application of certain provisions as follows:
- Articles 347, 348, and 349 of the Criminal Code 2015 concerning illegal entry and exit to exploit aquatic products;- Articles 242 and 244 of the Criminal Code 2015 concerning acts related to the protection of aquatic resources;- Article 287 of the Criminal Code 2015 concerning acts obstructing or disrupting the operation of computer networks, telecommunications networks to exploit aquatic products illegally;- Articles 188, 189, 198, and 341 concerning violations in the field of aquatic product commerce of the Criminal Code 100/2015/QH13 amended and supplemented by certain articles of the Amended Criminal Code 2017.
What are details of Resolution 04/2024/NQ-HDTP on guidelines for criminal handling of illegal exploitation and trading of aquatic products in Vietnam from August 1, 2024? (Internet image)
What is the criminal liability for violating regulations on the protection of aquatic resources in Vietnam?
According to Article 5 of Resolution 04/2024/NQ-HDTTP, the guidelines for prosecuting criminal liability for violating regulations on the protection of aquatic resources are as follows:
(1) Any person who exploits aquatic products in violation of regulations on the protection of aquatic resources shall be prosecuted for criminal liability for destroying aquatic resources as stipulated in Article 242 of the Criminal Code 2015 if the act contains sufficient elements constituting the crime.
(2) Prohibited means and tools as specified in point a, clause 1, Article 242 of the Criminal Code 2015 include means and tools stipulated in Appendix II issued together with Circular 01/2022/TT-BNNPTNT dated January 18, 2022, by the Minister of Agriculture and Rural Development amending and supplementing certain circulars in the field of aquatic products.
(3) Exploiting aquatic products in prohibited zones as specified in point b, clause 1, Article 242 of the Criminal Code 2015 includes exploitation within national parks, nature reserves, species and habitat conservation areas, landscape protection areas, aquatic resources protection zones, or other areas with prohibitions established by competent state authorities.
(4) Exploiting aquatic products in prohibited zones with a set timeframe as specified in point b, clause 1, Article 242 of the Criminal Code 2015 refers to exploitation in areas specified in Appendix III issued together with Circular 01/2022/TT-BNNPTNT dated January 18, 2022, by the Minister of Agriculture and Rural Development amending and supplementing certain circulars in the field of aquatic products.
(5) Exploiting species prohibited from exploitation as specified in point c, clause 1, Article 242 of the Criminal Code 2015 means exploiting species listed in Group I, Appendix II issued together with Decree 37/2024/ND-CP dated April 4, 2024, by the Government amending and supplementing certain articles of Decree 26/2019/ND-CP dated March 8, 2019, detailing the implementation of the Fisheries Law 2017.
Aquatic products listed in Group II, Appendix II issued together with Decree 37/2024/ND-CP dated April 4, 2024, by the Government amending and supplementing certain articles of Decree 26/2019/ND-CP dated March 8, 2019, detailing the implementation of the Fisheries Law 2017 are also considered prohibited species if the exploitation does not comply with the prescribed conditions.
(7) Destroying the habitat of aquatic species as specified in point d, clause 1, Article 242 of the Criminal Code 2015 refers to acts that degrade, damage, or eliminate the living environment, aquatic ecosystem, young aquatic creature zones, migration routes of species listed in the inventory of endangered, precious, rare species prioritized for protection.
What are the criminal liabilities for illegal departure to exploit aquatic products outside Vietnam's sea areas?
According to Article 3 of Resolution 04/2024/NQ-HDTTP, the guidelines for prosecuting criminal liability for illegal departure to exploit aquatic products outside Vietnam’s sea areas are as follows:
Prosecuting criminal liability for illegal departure to exploit aquatic products outside Vietnam’s sea areas
The highest commander on the fishing vessel who fails to carry out exit procedures for the fishing vessel, crew, and fishermen in accordance with regulations or completes the exit procedures but subsequently erases or alters the fishing vessel registration number, or records the fishing vessel registration number incorrectly with the information provided by the authority, thereby enabling the crew and fishermen to illegally exploit aquatic products outside Vietnam’s sea areas, shall be prosecuted for the crime of violating exit regulations as specified in Article 347 of the Criminal Code if the act contains sufficient elements constituting the crime.
If the act contains sufficient elements constituting the crime mentioned above, the highest commander on the fishing vessel shall be prosecuted for criminal liability for illegal departure to exploit aquatic products outside Vietnam’s sea areas.
Note: Resolution 04/2024/NQ-HDTTP takes effect in Vietnam from August 1, 2024.
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