Decree 38/2024/ND-CP: What are the regulations on penalties for administrative violations against regulations on fisheries in Vietnam? When does the Decree 38/2024/ND-CP come into force?
What are entities incurring administrative penalties in fisheries in Vietnam?
Pursuant to Article 2 of Decree 38/2024/ND-CP, entities incurring administrative penalties 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
++ 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.
Thus, organizations and individuals that violate the provisions of Decree 38/2024/ND-CP will be subject to administrative penalties in fisheries.
Decree 38/2024/ND-CP: What are the regulations on penalties for administrative violations against regulations on fisheries in Vietnam? When does the Decree 38/2024/ND-CP come into force?
What are penalties and remedial measures for administrative violations against regulations on fisheries in Vietnam?
Pursuant to Article 4 of Decree 38/2024/ND-CP, penalties and remedial measures for administrative violations against regulations on fisheries:
- Fine shall be the primary penalty imposed for an administrative violation in fisheries sector.
- Additional penalties that may be imposed for violations in fisheries sector include:
+ Suspension of the violating entity’s license, practicing certificate or operations for a fixed period;
+ Confiscation of exhibits and instrumentalities for committing administrative violations.
- In addition to the remedial measures stated in Points a, b, d, dd, e and g Clause 1 Article 28 of the Law on Penalties for Administrative Violations, the remedial measures specified in this Decree shall also be imposed, including:
+ Enforced release of the fish or aquatic breeds that are still alive into their habitats;
+ Enforced transfer of the fish that is included in Group I of the List of endangered, rare and precious aquatic species and has died to competent authorities;
+ Enforced additional release of aquatic species as prescribed;
+ Enforced repurposing, or, if repurposing conditions are not met, destruction of aquatic species, aquatic breeds, aquaculture feeds or aqua environmental remediation products;
+ Fishing vessel owners are compelled to cover costs for bringing their fishermen seized by foreign competent authorities into Vietnam;
+ Enforced return of certifications, confirmations, licenses, written approvals or certificates which have been erased, falsified or altered;
+ Enforced capture and destruction of live fish species released or escaped into natural environment, or products of illegal breeding of live fish species;
+ Enforced recall of aquaculture feeds and aqua environmental remediation products;
+ Enforced invalidation of survey results;
+ Enforced relocation or demolition of aquaculture works;
+ Enforced re-export, or, if re-export conditions are not met, repurposing, or breaking up, or dumping of imported fishing vessels;
+ Enforced repurposing or breaking up of fishing vessels;
+ Enforced flying of the national flag of the Socialist Republic of Vietnam or nationality flags as prescribed;
+ Foreign fishing vessels (except container ships) that carry fishery products from illegal, unreported and unregulated fishing for import, temporary import into or transit through Vietnam are compelled to leave the territory of Vietnam;
+ Enforced return of encroached areas;
+ Enforced re-export, or, if re-export conditions are not met, destruction of imported aquaculture feeds and aqua environmental remediation products.
- Repeat or re-commission of a violation in fisheries sector shall be taken into account as an aggravating factor when considering imposing penalties for that violation, unless such act of repeat or re-commission is considered as an administrative violation prescribed in Decree 38/2024/ND-CP.
When does Decree 38/2024/ND-CP come into force?
Pursuant to Article 59 of Decree 38/2024/ND-CP:
Effect
1. This Decree comes into force from May 20, 2024.
2. This Decree supersedes the Government’s Decree No. 42/2019/ND-CP dated May 16, 2019 on penalties for administrative violations against regulations on fisheries.
Thus, Decree 38/2024/ND-CP comes into force from May 20, 2024.
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