How much is fine for failing to create migration routes for aquatic species during the construction of new structures in Vietnam from May 20, 2024?
- How much is fine for failing to create migration routes or corridors for aquatic species during the construction of new structures in Vietnam from May 20, 2024?
- What are the regulated entities for administrative violations agaisnt regulations on fisheries in Vietnam?
- Vietnam: When does Decree 38/2024/ND-CP come into force?
How much is fine for failing to create migration routes or corridors for aquatic species during the construction of new structures in Vietnam from May 20, 2024?
Pursuant to Point d, Clause 1, Article 6 of Decree 38/2024/ND-CP on violations of regulations on protecting the aquatic habitats as follows:
Violations of regulations on the protection of the aquatic habitats
1. Fine for violations of regulations on the protection of the aquatic habitats that do not reach the level of criminal liability, as follows:
a) A fine ranging from 5,000,000 VND to 10,000,000 VND for using fishing nets, equipment, or vehicles to obstruct the movement corridor for aquatic species during the exploitation of aquatic species in rivers, lakes, ponds, dams; or using fishing nets, equipment, or vehicles to obstruct the natural migration routes of aquatic species.
b) A fine ranging from 50,000,000 VND to 100,000,000 VND for using fishing nets, equipment, or vehicles to damage aquatic resources or aquatic ecosystem or areas of concentrated aquatic breeding or areas where young aquatic species live, or using fishing nets, equipment, or vehicles to destroy the habitat of endangered, rare, or priority-protected aquatic species.
c) A fine ranging from 100,000,000 VND to 150,000,000 VND for encroaching upon, occupying, or causing damage to the protected areas of aquatic resources.
d) A fine ranging from 150,000,000 VND to 200,000,000 VND for engaging in activities such as exploration, exploitation of resources, construction, or demolition of underwater or submersible structures that lead to the loss or degradation of aquatic resources or harm to the living environment, breeding areas, or migration routes of aquatic species; failing to create migration routes or corridors for aquatic species during the construction, modification, or demolition of structures or activities related to the migration routes of aquatic species.
Therefore, the penalty for failing to create migration routes for aquatic species during the construction of new structures can range from 150,000,000 VND to 200,000,000 VND.
The above penalties apply to individuals who violate regulations in the fisheries sector, and the penalty for organizations engaging in such violations is double that of individuals (according to the provisions in Clause 2 of Article 5, Decree 38/2024/ND-CP).
Therefore, organizations that fail to create migration routes for aquatic species during the construction of new structures may be fined up to 400.000.000 VND from May 20, 2024.
It can be seen that the penalties for not creating migration routes or corridors for aquatic species during the construction of new structures or activities related to the migration routes of aquatic species have significantly changed compared to the current regulations.
Currently, the penalty for failing to create migration routes for aquatic species during the construction of new structures or activities related to the migration routes of aquatic species is specified in point a , Clause 1, Article 6, Decree No. 42/2019/ND-CP, as follows:
Violations against regulations on protection of aquatic habitats
1. The following fines shall be imposed for violations against regulations on protection of aquatic habitats if not liable to criminal prosecution:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to leave movement pathways of fishes when carrying out fishing operations by using fixed fishing gears in rivers, lakes and lagoons; failure to create migration corridors or movement pathways for aquatic species when building, modifying or demolishing building structures or carrying out other operations affecting the movement of aquatic animals; illegally blocking the natural movement of aquatic species;
...
How much is fine for failing to create migration routes for aquatic species during the construction of new structures in Vietnam from May 20, 2024? (Image from the Internet)
What are the regulated entities for administrative violations agaisnt regulations on fisheries in Vietnam?
Pursuant to Article 2 of Decree 38/2024/ND-CP, it stipulates that regulated entities for administrative violations agaisnt regulations on 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 subject to administrative sanctions according to the provisions of Decree 38/2024/ND-CP, including:
+ Economic organizations established under the provisions of the Law on Enterprises 2020 include:
++ Sole proprietorship
++ Joint stock company
++ Limited liability company
++ Partnership
++ Units affiliated to enterprise (branches, representative offices);
+ Economic organizations established under the provisions of the Law on Cooperatives 2023 include:
++ Cooperatives
++ Cooperative unions,
+ Organizations established under the provisions of the Law on Investment 2020 include:
++ Domestic investors, foreign investors and foreign-invested business organizations;
++ Representative offices and branches of foreign traders in Vietnam;
++ Representative office of foreign trade promotion organization in Vietnam;
+ Socio-political organizations, social organizations, socio-professional organizations;
+ Public service providers and other organizations according to the provisions of law.
- Household businesses that are required to register their business as prescribed by law; household businesses and sishing vessel ownersshall incur the same penalties as those incurred by individuals for committing administrative violations specified in this Decree.
Vietnam: When does Decree 38/2024/ND-CP come into force?
Pursuant to Article 59 of Decree 38/2024/ND-CP, the content is as follows:
Effect
1. This Decree comes into force from May 20, 2024.
2. This Decree replaces Decree No. 42/2019/ND-CP dated May 16, 2019 of the Government stipulating penalties for administrative violations in the field of fisheries.
Thus, Decree 38/2024/ND-CP comes into force from May 20, 2024.
The Law on Cooperatives 2023 comes into force from July 1, 2024, except for the provisions in Clause 3 and Clause 4, Article 115 of the Law on Cooperatives 2023, which come into force from September 1, 2023.
Thư Viện Pháp Luật