Can a fishing vessel not install monitoring equipment in Vietnam?

Can a fishing vessel not install monitoring equipment in Vietnam?

Pursuant to Clause 1, Article 44 of Decree 26/2019/ND-CP regulating management of fishing vessel monitoring system as follows:

1. Requirements applied to the fishing vessel monitoring system:

a) The system shall be connected and synchronized with the one installed at the central government monitoring data center and monitoring data centers of 28 coastal cities and provinces.

b) The system shall transmit automatically the following information in at least 12 locations per day through the satellite communications system every 02 hours: location of the vessel (longitude, latitude) and time (minute/hour/date/month/year) to the equipment installed on the fishing vessel with a maximum length of at least 24 meters; and warn the master when the vessel has crossed the permissible maritime boundary.

The system shall transmit the following information in at least 08 locations per day through the satellite communications system or Global System for Mobile Communications (GSM) or ground wave communications system every 03 hours by using MF, HF or VHF: location of the vessel (longitude, latitude) and time (minute/hour/date/month/year) to the equipment installed on the fishing vessel with a maximum length of from 15 meters to less than 24 meters; and warn the master when the vessel has crossed the permissible maritime boundary;

c) Deviations in coordinates of fishing vessel location received from GPS and thus displayed on the fishing vessel monitoring equipment (hereinafter referred to as “the monitoring equipment”) must not exceed 500 m and must have 99% reliability;

d) Each equipment must have its own identity code;

dd) The system shall operate normally in marine environment according to national standards and national technical regulations of Vietnam.

According to this Article, fishing vessels when operating at sea must install appropriate monitoring equipment according to the above regulations in Vietnam.

Can a fishing vessel not install monitoring equipment in Vietnam? (Image from the Internet)

What are penalties for removal of vessel tracking unit installed on board a fishing vessel without the supervision in Vietnam?

According to the provisions of Article 35 of Decree 42/2019/ND-CP on violations against regulations on communications equipment and vessel tracking units on board fishing vessels as follows:

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for removal of VTUs installed on board a fishing vessel without the supervision of VTU supplier.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for commission of one of the following violations:

a) Failure to provide communications equipment as prescribed;

b) Failure to maintain the operation of or knowingly disabling VTU installed on board a fishing vessel of from 15 m to under 24 m in length overall during its operations at sea, except force majeure events;

c) Failure to comply with procedures in case of VTU failure, except force majeure events;

d) Failure to report or improper reporting of the installation of VTUs on board a fishing vessel to regulatory authorities for inspection as prescribed;

dd) Failure to use lead seal after installing VTUs on board a fishing vessel as prescribed or failure to send the specimen of lead seal to regulatory authorities as prescribed;

e) Failure to maintain confidentiality of vessel monitoring data as prescribed.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if any of the violations specified in Clause 1 and Points b, c and d Clause 3 of this Article is repeated.

4. Additional penalties:

The captain's license or certificate of competence to operate fishing vessels shall be suspended for 03 - 06 months in case of commission of the violation specified in Point b Clause 2 or Clause 3 of this Article.

Thus, the act of removal of vessel tracking unit installed on board a fishing vessel without the supervision of VTU supplier will be fined from 3,000,000 VND to 5,000,000 VND according to the above regulations.

Best regards!