Are aquatic resource fishing vessels allowed to operate in all Vietnam's waters?
Are aquatic resource fishing vessels allowed to operate in all Vietnam's waters? What are regulations on Vietnamese flag flying on aquatic resource fishing vessels?
Hello, I am the owner of a fishing vessel fishing in the offshore zones of Vietnam, recently, when I went to the coastal zones to catch fish, I was fined by the agency for the reason that the boat was fishing in wrong zones. I thought fishing vessels are allowed to fish in all Vietnam's waters, so is it possible for the agency to fine me like that? My train is 15m long. Please advise.
1. Are aquatic resource fishing vessels allowed to operate in all Vietnam's waters?
Pursuant to Clause 1, Article 43 of Decree 26/2019/ND-CP stipulating management of activities of fishing vessels within Vietnam's waters as follows:
1. Regarding aquatic resource catching vessels:
a) Vessels with a maximum length of at least 15 meters are allowed to carry out activities within offshore zones but not allowed to carry out activities within coastal and inshore zones;
b) Vessels with a maximum length of from 12 meters to less than 15 meters are allowed to carry out activities within inshore zones but not allowed to carry out activities within offshore and coastal zones;
c) Vessels with a maximum length of less than 12 meters that carry out activities within coastal zones are not allowed to carry out activities within inshore and offshore zones. These vessels are only allowed to carry out activities within the coastal zone of the province where they are registered, except for the cases where there is an agreement on activities of fishing vessels within the coastal zone of People's Committees of the two provinces.
Thus, for aquatic resource fishing vessels, it is necessary to base on the maximum length of the ship to determine the scope of fishing activities of the ship. Not all fishing vessels are allowed to operate in all Vietnam's waters. If your ship is 15m long, it is only allowed to operate in offshore zones, not in the coastal and inshore zones, so the authorities impose a fine are legally grounded.
2. What are regulations on Vietnamese flag flying on aquatic resource fishing vessels?
According to Clause 3, Article 43 of Decree 26/2019/ND-CP, regulations on flag flying are as follows:
3. Regulations on flag flying:
a) Vietnamese fishing vessels must fly the national flag of the Socialist Republic of Vietnam (hereinafter referred to as "the national flag") on top of the mizzenmast; for vessels without mizzenmast, the national flag shall be flown on top of the main mast;
b) Any Vietnamese organization or individual that charters a foreign fishing vessel shall fly Vietnamese flag as prescribed in Point a of this Clause.
According to this Article, the national flag of the Socialist Republic of Vietnam on fishing vessels must comply with the above provisions.
Best Regards!
