Is there a fine for using an electric stimulator to catch fish in the pond at home in Vietnam?

Is there a fine for using an electric stimulator to catch fish in the pond at home in Vietnam?

Question: Is there a fine for using an electric stimulator to catch fish in the pond at home? I have a small fish pond behind my house. Because I saw that my neighbor was using an electric stimulator, I also used it to catch the fish in my pond. Will my action be fined under the law in Vietnam?

Reply:

Pursuant to Article 28 of Decree 42/2019/ND-CP, violations against regulations on use of electricity in commercial fishing are stipulated as follows:

- 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.

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

- 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 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;

+ 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;

+ 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.

- 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.

- Additional penalties:

+ 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;

+ 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 current regulations, compared to the case you mentioned, you and your neighbor will both be subject to administrative sanction of fines ranging from 3,000,000 to 5,000,000 VND.

Is there a fine for using an electric stimulator to catch fish in the pond at home in Vietnam? - image from internet

What is the fine imposed on for crew members on board fishing vessels whose name is not included in the crew book in Vietnam?

Question: What is the fine imposed on for crew members on board fishing vessels whose name is not included in the crew book? Which legislative document in Vietnam regulates this matter?

Reply:

According to Clause 2 of Article 38 of Decree 42/2019/ND-CP regulating penalties for administrative violations in the field of fisheries:

A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a crew member working on board whose name is not included in the crew book.

According to the above regulations, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a crew member working on board whose name is not included in the crew book.

What is the penalty for failure to submit reports on surveying of fishing vessels in Vietnam?

Question: What is the penalty for failure to submit reports on surveying of fishing vessels as prescribed? I'm looking forward to hearing from you soon.

Reply:

According to Clause 2, Article 34 of Decree 42/2019/ND-CP regulating penalties for administrative violations in the field of fisheries:

 A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for failure to submit reports on surveying of fishing vessels as prescribed.

Thus, a fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for failure to submit reports on surveying of fishing vessels as prescribed.

Best regards!