How much are the fines for carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization in Vietnam?
- How much are the fines for carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization in Vietnam?
- What are the the penalties for carrying out fishing operations in excess of total allowable catch approved by a Regional fisheries management organization in Vietnam in case of repeated violation?
- What are entities incurring administrative penalties in fisheries in Vietnam?
- What are the regulations on prescriptive periods for imposition of penalties for violations against regulations on fisheries in Vietnam?
How much are the fines for carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization in Vietnam?
Pursuant to Point e, Clause 2, Article 20 of Decree 38/2024/ND-CP:
Serious violations against regulations on commercial fishing
...
2. A fine ranging from VND 500.000.000 to VND 700.000.000 shall be imposed for commission of one of the following violations:
...
e) Carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization.
Thus, a fine ranging from VND 500.000.000 to VND 700.000.000 shall be imposed for carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization.
Note: The fines are imposed for administrative violations committed by individuals. The fine imposed on an organization is twice as much as the one imposed on an individual for committing the same administrative violation (Clause 2 Article 5 of Decree 38/2024/ND-CP).
Thus, for organizations carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization, they may be imposed a fine up to VND 1.400.000.000.
How much are the fines for carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization in Vietnam?
What are the the penalties for carrying out fishing operations in excess of total allowable catch approved by a Regional fisheries management organization in Vietnam in case of repeated violation?
Pursuant to Clause 3, Article 20 of Decree 38/2024/ND-CP:
Serious violations against regulations on commercial fishing
3. A fine ranging from VND 800.000.000 to VND 1.000.000.000 shall be imposed for commission of one of the following violations:
...
h) Carrying out fishing operations in excess of total allowable catch approved by a Regional fisheries management organization in case of repeated violation.
4. Additional penalties:
a) Fish caught shall be confiscated in case of commission of any of the violations in Points a, b and dd Clause 1, Points a, b, c and e Clause 2, Points a, b, c, d, dd, e and h Clause 3 of this Article;
b) Fishing vessels shall be confiscated in case of commission of the violation in Points b, c, d, dd or e Clause 3 of this Article;
c) The captain's license or certificate of competence to operate fishing vessels shall be suspended for a fixed period of 06 - 12 months in case of commission of any of the violations specified in Clauses 1, 2 and 3 of this Article;
d) The fishing license shall be suspended for a fixed period of 06 - 12 months in case of commission of the violation in Point e Clauses 2, or Point dd, e or h Clause 3 of this Article.
Thus, a fine ranging from VND 800.000.000 to VND 1.000.000.000 shall be imposed upon individuals for carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization in case of repeated violation. For organizations committing the same administrative violation, the fine may be up to VND 2.000.000.000.
In addition, the act of carrying out commercial fishing in excess of total allowable catch approved by the Regional fisheries management organization in case of repeated violation may be imposed additional penalties as follows:
- Fish caught shall be confiscated;
- The captain's license or certificate of competence to operate fishing vessels shall be suspended for a fixed period of 06 - 12 months;
- The fishing license shall be suspended for a fixed period of 06 - 12 months.
What are entities incurring administrative penalties in fisheries in Vietnam?
Pursuant to Article 2 of Decree 38/2024/ND-CP, entities incurring administrative penalties in fisheries are as follows:
- Vietnamese and foreign organizations and individuals (hereinafter referred to as “entities”) that commit administrative violations specified in Decree 38/2024/ND-CP.
- Organizations that are liable to administrative penalties as prescribed in Decree 38/2024/ND-CP include:
+ Economic organizations that are duly established under the Law on Enterprises and/or the Law on Investment, including: Private enterprises, joint-stock companies, limited liability companies, partnerships and organizations that are established under the laws of foreign countries and engaging in business in Vietnam;
+ Economic organizations that are duly established under the Law on Co-operatives, including: Co-operatives and cooperative unions;
+ Socio-political organizations, social organizations, and socio-professional organizations;
+ Administrative units and other organizations as prescribed by law.
- Household businesses that are required to register their business as prescribed by law, business families, and fishing-vessel owners shall incur the same penalties as those incurred by individuals for committing the administrative violations specified in Decree 38/2024/ND-CP.
What are the regulations on prescriptive periods for imposition of penalties for violations against regulations on fisheries in Vietnam?
Pursuant to Article 3 of Decree 38/2024/ND-CP, the prescriptive periods for imposition of penalties for violations against regulations on fisheries is as follows:
Prescriptive periods
The prescriptive period for imposition of penalties for a violation in fisheries sector is 02 years.
Currently, the prescriptive periods for imposition of penalties for violations against regulations on fisheries is specified in Article 3 of Decree 42/2019/ND-CP as follows:
Prescriptive periods for administrative violations punishable
The prescriptive period for imposition of penalties for fisheries offences is 01 year. The prescriptive period for imposition of penalties for administrative violations against regulations on production, trading, import and export of fishing vessels, aquatic breeds, aquatic feeds, products used for remediation of aquaculture environment and protection of aquatic resources shall be 02 years.
Thus, from May 20, 2024, the prescriptive periods for imposition of penalties for violations against regulations on fisheries is 02 years.
Decree 38/2024/ND-CP comes into force from May 20, 2024.
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