How much are the fines for the use of electricity in commercial fishing in Vietnam from May 20, 2024?
How much are the fines for the use of electricity in commercial fishing in Vietnam?
Pursuant to Article 28 of Decree 38/2024/ND-CP, the penalties for violations of the use of electricity in commercial fishing are as follows:
Violation of regulations on the use of electricity in commercial fishing
1. A fine ranging from 3,000,000 VND to 5,000,000 VND for the use of electric shock equipment to exploit aquatic products in cases where fishing vessels are not used and the offense does not reach the level of criminal liability.
2. A fine ranging from 10,000,000 VND to 15,000,000 VND for the storage, transportation, buying, and selling of electric shock equipment for the exploitation of aquatic products.
3. A fine for the use of electric shock equipment or the direct use of electrical current from power generators on fishing vessels to exploit aquatic products according to the following penalty levels:
a) A fine ranging from 5,000,000 VND to 10,000,000 VND for cases where the fishing vessel has a maximum length of less than 6 meters.
b) A fine ranging from 15,000,000 VND to 20,000,000 VND for cases where the fishing vessel has a maximum length from 6 meters to less than 12 meters.
c) A fine ranging from 20,000,000 VND to 30,000,000 VND for cases where the fishing vessel has a maximum length from 12 meters to less than 15 meters.
d) A fine ranging from 30,000,000 VND to 40,000,000 VND for cases where the fishing vessel has a maximum length of 15 meters or more.
4. A fine ranging from 40,000,000 VND to 50,000,000 VND for the use of direct electrical current from the power grid to exploit aquatic products without reaching the level of criminal liability.
Thus, the penalties for the use of electricity in commercial fishing are as follows:
- From 3,000,000 VND to 5,000,000 VND for the use of electric shock equipment to exploit aquatic products in cases where fishing vessels are not used.
- From 5,000,000 VND to 40,000,000 VND for the use of electric shock equipment or the direct use of electrical current from power generators on fishing vessels to exploit aquatic products.
- From 40,000,000 VND to 50,000,000 VND for the use of direct electrical current from the power grid to exploit aquatic products.
Note: The above penalties apply to individuals who violate fisheries regulations, and the penalties for organizations with violations are twice the amount of penalties for individuals. (As stipulated in Clause 2, Article 5 of Decree 38/2024/ND-CP).
Therefore, organizations with violations of the use of electricity in commercial fishing can be fined up to 100,000,000 VND.
Currently, the penalties for violations of regulations on the use of electricity in commercial fishing are specified in Article 28 of Decree 42/2019/ND-CP as follows:
Violations against regulations on use of electricity in commercial fishing
1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the use of electrofishing equipment in case of commercial fishing without fishing vessels.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for storage, transport or trading in electrofishing equipment.
3. The following fines shall be imposed for engaging in commercial fishing by using electrofishing equipment or electric current directly from generators on board fishing vessels:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the violation involving a fishing vessel of less than 12 m in length overall;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the violation involving a fishing vessel of from 12 m to under 15 m in length overall;
c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the violation involving a fishing vessel of ≥ 15 m in length overall.
4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the performance of commercial fishing by using electricity current (electrofishing nets) if not liable to criminal prosecution.
5. Additional penalties:
a) Electrofishing equipment, generators and fishing gears shall be confiscated in case of commission of any of the violations specified in Clause 1 through 4 of this Article;
b) The fishing license shall be suspended for 03 - 06 months in case of commission of the violation specified in Clause 3 or Clause 4 of this Article.
How much are the fines for the use of electricity in commercial fishing in Vietnam from May 20, 2024? (Image from the Internet)
What are the additional penalties and remedial measures against violations in Vietnam?
Pursuant to Clause 5 and 6 of Article 28 of Decree 38/2024/ND-CP, the additional penalties and remedial measures against violations of the use of electricity in commercial fishing are as follows:
- Confiscation of electric shock equipment, power generators, and fishing gear.
- Suspension of the fishing vessel captain's license for a period of 3 to 6 months for the following actions:
+ Using electric shock equipment or directly using electrical current from power generators on fishing vessels with a maximum length of 6 meters or more to exploit aquatic products.
+ Using direct electrical current from the power grid to exploit aquatic products without reaching the level of criminal liability.
- Releasing live aquatic products back into their natural environment
How long is the prescriptive period for imposition of penalties for fisheries offences in Vietnam from May 20, 2024?
Pursuant to Article 3 of Decree 38/2024/ND-CP, the prescriptive period for imposition of penalties for fisheries offences is as follows
Prescriptive periods for administrative violations punishable
The prescriptive period for imposition of penalties for fisheries offences is 02 year.
Therefore, starting from May 20, 2024, the prescriptive period for imposition of penalties for fisheries offences is 02 year.
Decree 38/2024/ND-CP comes into force from May 20, 2024.
Thư Viện Pháp Luật