How are Electric Shock Fishing Violations Penalized?

Currently, despite the ban, some individuals still self-manufacture small, compact fish-stunning devices to evade the authorities and destroy aquatic resources. However, in certain cases they do not aim for profit but seek livelihood by exploiting natural resources. Therefore, I would like to inquire: What are the penalties for using electric shocks to catch fish? Which document regulates this issue?

* In the case of using electric shock devices to catch fish, administrative penalties will be imposed according to Article 28 of Decree 42/2019/ND-CP as follows:

A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of using electric shock devices to exploit aquatic resources, in cases where fishing vessels are not used.

In addition, electric shock devices will be confiscated for this act (Point a, Clause 5, Article 28).

* Furthermore, this act may be subject to criminal liability under Clause 62, Article 1 of the Law amending the Criminal Code 2017 (amending Article 242 of the Criminal Code 2015) for the crime of destroying aquatic resources as follows:

Anyone who violates the regulations on the protection of aquatic resources in any of the following cases, causing damage to aquatic resources ranging from VND 100,000,000 to under VND 500,000,000 or obtaining aquatic resources valued from VND 50,000,000 to under VND 200,000,000 or who has been administratively sanctioned for one of the acts prescribed in this Article or has been convicted of this crime, has not had the conviction expunged but still violates, shall be fined from VND 50,000,000 to VND 300,000,000, subjected to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years:

- Using toxic substances, explosives, chemicals, electric current or prohibited means, fishing tools to exploit aquatic resources or destroying aquatic resources;

- Exploiting aquatic resources in prohibited areas or in areas with temporary prohibition;

- Exploiting species of aquatic resources that are prohibited from exploitation, unless otherwise stipulated in Article 244 of this Code;

...

Sincerely!

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