Completion of legal regulations related to IUU fishing in Vietnam by May 2024

Regarding this matter, LawNet would like to answer as follows:

Below is one of the tasks mentioned in Resolution 52/NQ-CP dated April 22, 2024, the Government's Action Program and Plan to implement Directive 32-CT/TW on strengthening the Party's leadership in the work of combating illegal, unreported, and unregulated (IUU) fishing and sustainable development of the fisheries sector.

Completion of legal regulations related to IUU fishing in Vietnam by May 2024

The Government has set out the tasks and solutions for May 2024 in the Action Program and Plan to implement Directive 32-CT/TW as follows:

(1) Enhance the effectiveness of information dissemination, propaganda, training, mobilization, and raising awareness and responsibility for work of combating IUU fishing.

- Organize research, thoroughly understand, and implement Directive 32-CT/TW and the Government's Resolution on the Action Program and Plan to implement Directive 32-CT/TW.

- Carry out peak periods of information dissemination domestically and internationally, at international forums on Vietnam's efforts to combat IUU fishing.

- Diversify forms of propaganda, training, and dissemination for coastal fishermen, islanders, and relevant organizations and individuals on the legal regulations against IUU fishing; actively disseminate, mobilize, promptly detect, and prevent violations from remote locations, and prevent illegal exploitation in foreign waters.

- Media agencies increase the amount of reporting, propaganda, and dissemination of regulations against IUU fishing, removing "yellow card" warnings, highlighting exemplary cases, criticizing violations of IUU fishing regulations, and prosecuting, trying, and administratively sanctioning violations.

(2) Improve legal regulations related to IUU fishing

- Urgently issue a Circular amending some provisions of Circular 23/2018/TT-BNNPTNT on vessel registration; recognition of vessel registration facilities; ensuring the safety of fishing vessels, fishery inspection vessels; registration of fishing vessels, fishery production vessels; canceling the registration of fishing vessels and marking fishing vessels for management; and comprehensive handling of fishing vessels that are not registered, not inspected, and do not have permits for fisheries exploitation as regulated.

- Recommend, coordinate with the Supreme People's Court to review and guide the application of uniform regulations of the Criminal Code in handling acts related to illegal fishing in foreign waters.

(3) Implement synchronized and resolute fisheries-related laws in the management of fishing fleets, control of fishing vessel activities at sea, at ports, and in import and export procedures, which must fully comply with legal regulations.

- Conduct a comprehensive inspection and review of all fishing vessels in the area to ensure a firm grasp of the situation (number of registered, inspected, and licensed vessels; transferred, purchased, and deregistered vessels; vessels operating outside the province, vessels without VMS devices, etc.); strictly and thoroughly handle fishing vessels that do not meet the conditions for fisheries exploitation as regulated by law.

- Work directly with each vessel owner to carry out registration, inspection, and licensing procedures, and update 100% of fishing vessel data into the Vietnam Fisheries Database (VNFishbase).

- Monitor and supervise 100% of fishing vessels operating at sea through the vessel monitoring system, clearly understand and strictly handle each case of violations of regulations on VMS disconnection (failure to report position every 6 hours, disconnection for more than 10 days without returning to shore, disconnection for more than 6 months, 1 year; establish a watchlist and handle cases of violations to the fullest extent).

- Ensure that 100% of fishing vessels with a length of 15 meters or more entering ports (including private fishing ports) have complete documents (registration, inspection, licensing, marking of fishing vessels), installed VMS devices, especially VMS devices on vessels must ensure normal operation according to regulations when participating in fisheries exploitation activities from leaving the port, departing through border guard stations to entering ports.

- Manage and control 100% of provincial fishing vessels operating outside the province and fishing vessels from other provinces operating within the province, establish mechanisms for sharing and exchanging information among relevant localities to timely prevent and handle cases of IUU fishing violations.

- Carry out peak periods of patrols, inspections, controls, and enforcement of fisheries laws in coastal areas, especially in bordering areas, both disseminating, mobilizing, warning, and preventing and promptly handling fishing vessels and fishermen intentionally violating illegal fishing in foreign waters.

(4) Strictly implement the Vietnamese and international laws and regulations on the confirmation, certification, and traceability of the origin of exploited aquatic products, ensuring that no illegal seafood products are exported.

- 100% of fishing vessels with a length of 15 meters or more must unload their exploited aquatic products at fishing ports (including private fishing ports and fish markets) under supervision and traceability of origin (ensuring compliance with the fishing logbook, VMS data, appropriate species and quantity for the fishing industry, especially for transfer cases at sea, closely monitoring and controlling the quantity of yellowfin tuna, bigeye tuna, swordfish, etc.).

- Conduct a comprehensive review of seafood exporting enterprises to the European market, ensuring complete and legal documentation, and strictly handle violations (including criminal prosecution if sufficient evidence is found), with a special focus on batches of yellowfin tuna, bigeye tuna, swordfish, etc.

- Urgently improve and implement a synchronized and unified electronic traceability system nationwide to monitor and control the transparency and legality of the confirmation and certification of the origin of exploited aquatic products.

- Strictly control imported batches of exploited aquatic products, especially swordfish and bigeye tuna, in accordance with regulations for vessels with tonnage over 10,000 tonnes.

(5) Investigate, verify, and thoroughly handle IUU fishing activities, with no exceptions; resolutely prevent and stop the illegal exploitation of fishing vessels and fishermen in foreign waters.

- Implement synchronized, resolute, and comprehensive tasks and solutions, including propaganda, mobilization, monitoring, and control, to timely prevent and handle fishing vessels and fishermen violating the law in foreign waters. Investigate and handle 100% of the discovered violations.

- Ensure sufficient resources, means, and coordination among relevant agencies (Fisheries Control, Border Guard, Police, Inspectorate, etc.) in collaboration with local authorities (communes/wards/towns) to actively disseminate, mobilize, and timely detect and prevent fishing vessels and fishermen intending to engage in illegal exploitation in foreign waters.

- Verify and penalize 100% of cases violating regulations on VMS disconnection, crossing permitted boundaries at sea, and buying and selling fishing vessels without proper transfer of ownership.

- Investigate and thoroughly handle cases of fishing vessels sending their VMS devices to other fishing vessels, assisting in the transportation of VMS devices.

- Concentrate on investigating, prosecuting, and trying cases of Vietnamese intermediaries facilitating illegal fishing activities in foreign waters, and legitimize documentation for export batches.

(6) Regarding international cooperation

- Enhance the effectiveness of international cooperation, particularly with EU countries, in combating IUU fishing and promoting sustainable development of the fisheries sector. Strengthen diplomatic measures and seek support from relevant parties to promptly address the "yellow card" warning and prevent Vietnamese fishing vessels and fishermen from engaging in illegal exploitation in foreign waters, which could affect relations with other countries.

- Actively gather information on fishing vessels and fishermen being apprehended and processed by foreign countries; promptly collect records, documents, evidence, judgments, and decisions of the relevant country to serve the investigation, handling, and protection of citizens.

- Engage in diplomatic efforts to assert that Vietnamese fishing vessels and fishermen do not violate regulations while being apprehended and processed by foreign authorities in overlapping or disputed waters that have not been clearly defined with other countries.

(7) Regarding resource allocation and inspection, examination, and supervision

- Allocate sufficient resources (personnel, forces, funds, equipment, and vehicles) to relevant agencies and forces; strengthen personnel and means to carry out peak periods of law enforcement, patrols, inspections, control, and supervision to implement regulations against IUU fishing.

- Regularly conduct inspections, examinations, and review responsibilities, and strictly handle organizations and individuals who fail to fulfill their assigned duties.

More details can be found in Resolution 52/NQ-CP, dated April 22, 2024.

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