How much is the fine for trading in electrofishing equipment in Vietnam from May 20, 2024?
How much is the fine for trading in electrofishing equipment in Vietnam?
Pursuant to Article 28 of Decree 38/2024/ND-CP, which regulates penalties for violations related to trading in electrofishing equipment, the following penalties apply:
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 electrofishing equipment in commercial fishing without fishing vessels, if not liable to criminal prosecution.
2. A fine ranging from 10,000,000 VND to 15,000,000 VND for the storage, transport, or trading in electrofishing equipment.
3. A fine for the use of electrofishing equipment or electric current directly from generators on board fishing vessels for fishing purposes, as follows:
a) A fine ranging from 5,000,000 VND to 10,000,000 VND for fishing vessels with a maximum length below 6 meters.
b) A fine ranging from 15,000,000 VND to 20,000,000 VND for fishing vessels with a maximum length from 6 meters to below 12 meters.
c) A fine ranging from 20,000,000 VND to 30,000,000 VND for fishing vessels with a maximum length from 12 meters to below 15 meters.
d) A fine ranging from 30,000,000 VND to 40,000,000 VND for fishing vessels with a maximum length of 15 meters or more.
4. A fine ranging from 40,000,000 VND to 50,000,000 VND for the performance of commercial fishing using electricity current (electrofishing nets), if not liable to criminal prosecution.
Therefore, the act of trading in electrofishing equipment can be fined from 10,000,000 VND to 15,000,000 VND.
Additionally, pursuant to Article 5, Clause 2 of Decree 38/2024/ND-CP, the following regulations apply:
Regulations on fines, power to impose fines and impose penalties for administrative violations
1. The maximum fine for an administrative violation committed by an individual in fisheries is 1,000,000,000 VND.
2. The fines stipulated in Chapter II of this Decree apply to administrative violations committed by individuals. In the case of organizations committing violations similar to those of individuals, the fines are equal to twice the fines imposed on individuals.
3. The authority to impose fines for individuals regarding administrative violations is the authority to penalize. For organizations, the authority to impose fines is twice the authority to penalize individuals
...
Therefore, the fine ranging from 10,000,000 VND to 15,000,000 VND applies to individuals who violate fisheries regulations, while the corresponding fine for organizations is double the fine for individuals.
Hence, organizations engaging in trading in electrofishing equipment can be fined up to 30,000,000 VND.
How much is the fine for trading in electrofishing equipment in Vietnam from May 20, 2024? (Image from the Internet)
What are the additional penalties for the act of trading in electrofishing equipment in Vietnam?
Pursuant to Clause 5 of Article 28 of Decree 38/2024/ND-CP, the additional penalties are as follows:
Violation of regulations on the use of electricity in commercial fishing
...
5. Additional penalties:
a) Confiscation of electric shock devices, power generators, and fishing gear for violations specified in clauses 1, 2, 3, and 4 of this Article;
b) Suspension of the right to use captain's certificates and fishing vessel licenses for a period of 3 to 6 months for violations specified in points b, c, d of clause 3, and clause 4 of this Article.
...
Therefore, the additional penalty for the act of trading in electrofishing equipment is the confiscation of electric shock devices, power generators, and fishing gear,
Which entities are subject to administrative penalties in the fisheries in Vietnam?
Pursuant to Article 2 of Decree 38/2024/ND-CP regarding entities subject to administrative penalties in the fisheries:
- Vietnamese organizations and individuals, foreign organizations and individuals (hereinafter referred to as organizations and individuals) who commit administrative violations as stipulated in Decree 38/2024/ND-CP.
- Organizations are subject to administrative penalties according to the provisions of Decree 38/2024/ND-CP, including:
+ Economic organizations established in accordance with the Law on Enterprises 2020, Law on Investment 2020, including:
++ Private enterprises
++ Joint-stock companies
++ Limited liability companies
++ Partnerships
++ Organizations established under foreign laws to conduct business investment in Vietnam;
+ Economic organizations established in accordance with the Law on Cooperatives 2023, including:
++ Cooperatives
++ Cooperative unions
- Political-social organizations, social organizations, professional social organizations;
- Public service providers and other organizations as stipulated by law.
Household businesses must register their business activities in accordance with the law, and household businesses, fishing vessel owners who commit administrative violations as stipulated in Decree 38/2024/ND-CP are subject to administrative penalties as individuals.
Therefore, organizations and individuals who commit violations as stipulated in Decree 38/2024/ND-CP will be subject to administrative penalties in the fisheries.
Decree 38/2024/ND-CP comes into force from May 20, 2024.
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