Are there penalties for using electrofishing equipment on board fishing vessels to catch fish in Vietnam?

Are there penalties for using electrofishing equipment on board fishing vessels to catch fish in Vietnam?

In Article 28 of Decree 42/2019/ND-CP sanctioning violations against regulations on use of electricity in commercial fishing, according to which:

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the use of electrofishing equipment in case of commercial fishing without fishing vessels.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for storage, transport or trading in electrofishing equipment.

3. The following fines shall be imposed for engaging in commercial fishing by using electrofishing equipment or electric current directly from generators on board fishing vessels:

a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the violation involving a fishing vessel of less than 12 m in length overall;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the violation involving a fishing vessel of from 12 m to under 15 m in length overall;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the violation involving a fishing vessel of ≥ 15 m in length overall.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the performance of commercial fishing by using electricity current (electrofishing nets) if not liable to criminal prosecution.

5. Additional penalties:

a) Electrofishing equipment, generators and fishing gears shall be confiscated in case of commission of any of the violations specified in Clause 1 through 4 of this Article;

b) The fishing license shall be suspended for 03 - 06 months in case of commission of the violation specified in Clause 3 or Clause 4 of this Article.

According to Article 5 of Decree 42/2019/ND-CP stipulating fines and power to impose fines in fisheries activities:

1. The maximum fine for a violation against regulations on fisheries incurred by an individual is VND 1,000,000,000.

2. The fines prescribed in Chapter II hereof are imposed for administrative violations committed by individuals, except the administrative violations mentioned in Article 40 hereof. The fine incurred by an organization is twice as much as that incurred by an individual for committing the same administrative violation.

3. The fines imposed by the persons mentioned in Chapter III hereof are incurred by individuals. The fines they may impose upon organizations are twice as much as the fines they impose upon individuals.

According to this Article, depending on the length of the fishing vessel, an individual who uses an electrofishing equipment on board fishing vessels to catch fish will be fined from the lowest VND 15,000,000 and the highest VND 40,000,000. In addition, the electrofishing equipment, generators and fishing gears will be confiscated and the right to use fishing licenses will be confiscated from 3 to 6 months for violations in Vietnam. 

For organizations in Vietnam, the fine will be from 30,000,000 VND to 80,000,000 VND.

What are penalties for fishing vessel owner when using a fishing vessel of 22m in length overall which is found to carry out fishing operations with an expired fishing license in Vietnam?

According to Clause 1, Clause 4, Article 20 of Decree 42/2019/ND-CP stipulating:

1. A fishing vessel owner shall face a fine ranging from VND 300,000,000 to VND 500,000,000 for commission of one of the following violations:

a) Failing to obtain a fishing license or using an expired one when carrying out fishing operations within the territorial waters of Vietnam with fishing vessel of from 15 m to under 24 m in length overall;

b) Using a fishing vessel of ≥ 24 m in length overall to transfer catches from a fishing vessel which is found to carry out fishing operations without fishing license or with an expired one or to facilitate the exploration, search for, trapping or transport of catches of another vessel which is found to carry out illegal fishing, except force majeure events;

c) Failing to install vessel tracking unit (VTU) on a fishing vessel of from 15 m to under 24 m in length overall;

d) Failing to maintain the operation of or knowingly disabling VTU of a fishing vessel of ≥ 24 m in length overall during its operations at sea, except force majeure events;

dd) Failing to record fishing operations, purchase or transshipment of catches carried out by using the fishing vessel of ≥ 24 m in length overall;

e) Providing VTU that fails to meet technical requirements for fishers.

4. Additional penalties:

a) Fish and fishery products which are illegally caught or transshipped shall be confiscated in case of commission of any of the violations specified in Points a and b Clause 1, Points a, b and h Clause 2, Points a, b, c, d, dd and i Clause 3 of this Article;

b) Fishing vessels shall be confiscated in case of commission of any of the violations specified in Points b, c, d, dd and e Clause 3 of this Article;

c) The captain's license or certificate of competence to operate Vietnamese-flagged fishing vessels shall be suspended for 06 - 12 months in case of commission of any of the violations specified in Clause 1, Clause 2 and Clause 3 of this Article;

h) The fishing license shall be suspended for 06 - 12 months in case of commission of any of the violations specified in Point g Clauses 2, Points dd, e and g Clause 3 of this Article.

Thus, when operating a fishing vessel of 22m in length for fishing activities but the license expires, the ship owner will be fined from VND 300,000,000 to VND 500,000,000 in Vietnam. 

In addition, fish and fishery products which are illegally caught or transshipped will be confiscated and the right to use captain's license or certificate of competence to operate Vietnamese-flagged fishing vessels will be confiscated from 06 to 12 months for violations.

What are State’s investment policies related to fishery activities in Vietnam?

Pursuant to Clause 1, Article 6 of the 2017 Fisheries Law, the State’s policies related to fishery activities:

1. The State introduces investment policies on:

a) Research into, investigation, assessment, protection and recreation of aquatic resources and recovery of aquatic ecosystem; reservation of original breeds of native and endemic aquatic species having economic value and endangered, precious and rare aquatic species;

b) Building class-1 and class-2 fishing ports, sheltering anchorages, necessary infrastructure of MPAs, infrastructure of concentrated aquaculture areas and concentrated areas for producing aquatic breeds;

c) Building a system for monitoring and supervising activities of commercial fishing vessels at sea; a system of information and national database on fishery activities; a system for monitoring the environment and warning about epidemics in aquaculture environment.

With this regulation, the State will invest and have an investment policy for the above aquatic activities in Vietnam.

Best Regards!