How shall the acts of using explosives for fishing be handled in Vietnam?

The act of using explosives for fishing is considered illegal. So how are people using explosives for fishing handled according to the Law in Vietnam?

How are the acts of using explosives for fishing handled in Vietnam?

How are the acts of using explosives for fishing handled in Vietnam?

1. Using explosives for fishing is strictly prohibited
In Clause 7, Article 7 of the Law on Fisheries 2017, it is stipulated that prohibited acts are as follows:

Use of banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources

2. Using explosives for fishing is administratively fined
Pursuant to Clause 7, Article 3 of the Law on Management of the Use of Weapons, Explosives and Combat gears, 2017 explains that  “Explosive” means a product causing quick and strong chemical reactions that spread heat, produce gases, generate light and cause explosions due to impacts of the initial stimulus, including:

+ Dynamite which means chemicals or compounds used for creating explosive reaction due to impacts of the initial stimulus

+ Explosive accessories including detonators, detonating wires, slow-burning wires, explosive-containing articles providing the initial stimulus which burst explosives or specialized equipment containing explosives.

Article 29 of Decree 42/2019/ND-CP stipulating violations against regulations storage and use of banned substances, banned and toxic chemicals in commercial fishingas as follows:

-  A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for storage of banned substances, banned and/or toxic chemicals on board fishing vessels.

- A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for the performance of commercial fishing by using banned substances, banned chemicals, toxic chemicals or other chemicals if not liable to criminal prosecution.

- Additional penalties:

- The fishing license shall be suspended for 03 - 06 months in case of commission of the violation specified in Clause 1 or Clause 2 of Article 29;

- Banned substances, banned chemicals, toxic chemicals, other chemicals and fish caught shall be confiscated in case of commission of the violation specified in either Clauses 1 and 2, Article 29 of Decree 42/2019/ND-CP .

- Remedial measures:

The violator is compelled to restore the original condition which is changed by the violation specified in Clause 2, Article 29 of Decree 42/2019/ND-CP.

Thus, explosives are considered banned substances and cannot be used for fishing. If storing explosives, they will be administratively sanctioned from 10 to 20 million VND; using explosives for fishing will be fined from VND 50 million to VND 70 million.

3. Using explosives for fishing will be prosecuted for criminal liability
Pursuant to the provisions of Clause 1, Article 242 of the Criminal Code 2015 amended by the Law on Amendment to the Criminal Code 2017 stipulating the use poisons, explosives, chemicals, electricity or banned fishing for fishing or destructing aquatic resources in any of the following circumstances:

- Causing a loss of aquatic resources assessed at from VND 100,000,000 to under VND 500,000,000;

- Extracting a quantity of aquatic products assessed at from VND 50,000,000 to under VND 200,000,000; 

- Having incurred an administrative penalty for any of the offences specified in Article 242 of the Criminal Code 2015;

- Having an unspent conviction for the same offence shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

Thus, the act of using explosives in fishing effecting aquatic resources shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

In addition, they may also be prosecuted for penal liability for illegal use of explosives under Article 305 of the Criminal Code 2015 amended by the Law on Amendment to the Criminal Code 2017 and may be prohibited from residence upto 05 years.

Ngoc Nhi

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