Shall fines in fisheries in Vietnam reach up to 2 billion VND according to the latest regulations effective from May 20, 2024? What are 10 administrative violations that are fined up to 2 billion VND?
- Shall fines in fisheries in Vietnam reach up to 2 billion VND according to the latest regulations effective from May 20, 2024?
- What are the administrative violations against regulations on fisheries in Vietnam that are fined up to 2 billion VND?
- What are the penalties and remedial measures for administrative violations against regulations on fisheries in Vietnam?
Shall fines in fisheries in Vietnam reach up to 2 billion VND according to the latest regulations effective from May 20, 2024?
Pursuant to Article 5 of Decree 38/2024/ND-CP on fines, power to impose fines and impose penalties for administrative violations in fisheries, the regulations on fines, power to impose fines and impose penalties for administrative violations are as follows:
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.
Therefore, the maximum fine for an administrative violation against fisheries regulations for individuals is 1,000,000,000 VND. Organizations committing such violations will be fined twice this amount.
Therefore, organizations committing administrative violations in fisheries from May 20, 2024, can be fined up to 2,000,000,000 VND.
What are the administrative violations against regulations on fisheries in Vietnam that are fined up to 2 billion VND?
Decree 38/2024/ND-CP stipulates the administrative violations against regulations on fisheries that are fined up to 2 billion VND for organizations in Articles 20 and 42 as follows:
- Using fishing vessels with a length of 24 meters or more to exploit seafood in the sea without a Fisheries Exploitation License or an expired Fisheries Exploitation License.
- Exploiting seafood in the national waters, other territorial waters, or the waters under the management of the regional fisheries organization without a Fisheries Exploitation License, an expired Fisheries Exploitation License, or without approval or with an expired approval document.
- Using foreign fishing vessels to operate in Vietnamese waters without a Fisheries Exploitation License or an expired Fisheries Exploitation License.
- Using non-nationality fishing vessels or vessels with the nationality of a non-member country to illegally exploit seafood in the waters under the management of the regional fisheries organization.
- Using fishing vessels to exploit seafood in violation of regulations on exploitation and protection of fisheries resources in international waters not under the management of the regional fisheries organization.
- Exploiting seafood in violation of regulations in the waters under the management of the regional fisheries organization.
- Concealing, falsifying, or destroying evidence of violations of regulations on exploitation and protection of fisheries resources in the case of repeated offenses.
- Overfishing beyond the limit set by the licensed regional fisheries organization in the case of repeated offenses.
- Violating import, temporary import, re-export, transshipment, and in-transit procedures for seafood originating from illegal fishing, without reporting and without following the regulations of the competent coastal state or the regional fisheries organization for shipments weighing 2,000 kg or more.
- Unlawful export of seafood species that do not meet the conditions in the List of Conditionally Exported Seafood Species without reaching the level of criminal liability for shipments weighing 2,000 kg or more
What are the penalties and remedial measures for administrative violations against regulations on fisheries in Vietnam?
Pursuant to Article 4 of Decree 38/2024/ND-CP, the penalties and remedial measures for administrative violations against regulations on fisheries are as follows:
- For an administrative violation against regulations on fisheries, penalties applied in fisheries include fines.
- Additional penalties applied in fisheries include:
+ Revocation of the right to use a valid or expired Fisheries Exploitation License or suspension of activities for a certain period.
+ Seizure of exhibits and means of administrative violations.
- In addition to the remedial measures stipulated in points a, b, d, đ, e, and g of Clause 1 of Article 28 of the Law on Handling of Administrative Violations 2012, Decree 38/2024/ND-CP stipulates the following remedial measures applied in fisheries:
+ Releasing live seafood or seafood offspring back to their natural habitat.
+ Transferring dead seafood species from Group I of the Endangered, Rare, and Precious Species List to the competent authority.
+ Releasing additional seafood species as regulated.
+ Changing the purpose of use of seafood species, seafood offspring, seafood feed, or aquaculture environmental treatment products. If unable to meet the requirements for conversion, the seafood species, seafood offspring, seafood feed, or aquaculture environmental treatment products must be destroyed.
+ Requiring vessel owners to cover expenses for bringing Vietnamese citizens back from foreign authorities.
+ Returning certificates, confirmations, licenses, approval documents, or invalidated, altered, or falsified certificates with distorted content.
+ Capturing and eliminating escaped live seafood species or illegally bred seafood species.
+ Retrieving seafood feed and aquaculture environmental treatment products.
+ Cancelling inspection results.
+ Relocating or demolishing aquaculture facilities.
+ Re-exporting imported fishing vessels. If unable to re-export the fishing vessel, it must be converted for other purposes, demolished, or sunk.
+ Changing the purpose of use of fishing vessels or demolishing fishing vessels.
+ Displaying the flag of the Socialist Republic of Vietnam or the national flag as prescribed.
+ Foreign fishing vessels (except for scientific research vessels) transporting seafood originating from illegal fishing, without reporting and without following the regulations on import, temporary import, re-export, transshipment, and in-transit procedures into and out of Vietnam.
+ Returning encroached areas.
+ Re-exporting imported seafood feed and aquaculture environmental treatment products. If unable to re-export, they must be destroyed.
- Repeated or recidivist administrative violations in fisheries are considered aggravating factors in the punishment for administrative violations, except for cases specified as administrative violations in Decree 38/2024/ND-CP.
Decree 38/2024/ND-CP comes into force from May 20, 2024.
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