Law on Fisheries 2003 of Vietnam: 18 acts strictly prohibited in fishery activities

Fishery activities mean the exploitation, culture, transportation of exploited aquatic resources; preservation, processing, trading in, export and import of aquatic products; services in fishery activities; survey, protection and development of aquatic resources. The Law on Fisheries 2003 of Vietnam specifies acts which are strictly prohibited in fishery activities as follows:

(1) Illegally exploiting and destroying reefs, coral reefs, underwater flora grounds, submerged forests and other biotopes; illegally destroying and obstructing natural movement routes of aquatic species in rivers, lakes, marshes, lagoons, straits and bays.

(2) Exploiting aquatic species on the prohibited list, including those banned from exploitation for definite periods, except for the scientific research purposes permitted by the Government; exploiting aquatic resources smaller than the prescribed sizes, except for the permitted exploitation for culture.

(3) Encroaching, occupying or infringing upon conservation zones of internal water areas or conservation sea areas already zoned off and announced; violating the regulations on management of such conservation zones.

(4) Violating the provisions of the environmental protection legislation regarding the habitats of aquatic species.

(5) Exploiting aquatic resources in restricted areas, areas being in the prohibited periods; exploiting aquatic resources in excess of the permitted volumes.

(6) Producing, circulating and using banned fishing gear; practicing the banned occupations to exploit aquatic resources; using explosives, noxious substances, electric surge and other methods of destructive nature.

(7) Using fishing gear to obstruct, or cause damage to, organizations and/or individuals that are exploiting aquatic resources; to anchor or moor vessels in places where exist fishing gear of other organizations and/or individuals that are exploiting natural resources or in places where other fishing ships are giving signals that they are exploiting aquatic resources, except in case of force majeure events.

(8) Jettisoning fishing gear in natural water areas, except for force majeure cases.

(9) Violating the regulations on traffic safety and safety of works in accordance with the provisions of the maritime and inland waterway navigation legislation and other relevant law provisions.

(10) Violating the regulations on aquaculture development plannings.

(11) Changing without the permission of competent State bodies the use purposes of land areas or sea surface assigned or leased for aquaculture.

(12) Culturing new aquatic strains without the permission of the Ministry of Fisheries and aquatic species on the list of those banned from culture.

(13) Conducting aquaculture not in line with plannings, obstructing water flows, obstructing activities of exploiting aquatic resources, adversely affecting activities of other branches or occupations.

(14) Using drugs, additives or chemicals on the list of those banned from use in aquaculture, production of aquaculture feeds or processing and preservation of aquatic products; putting alien matters in aquatic raw materials or products.

(15) Stocking diseased aquatic resources in aquaculture places or natural water areas.

(16) Discharging waste water and matters from aquatic resource-breeding establishments or aquaculture establishments, aquatic product-preserving and/or -processing establishments, which have not yet been treated or have been treated improperly, into the surrounding environment.

(17) Processing, transporting or marketing:

- Aquatic species on the list of those banned from exploitation;

- Aquatic products originating from aquaculture areas in the non-harvesting periods;

- Aquatic products with toxic residues in excess of the permitted limits;

- Aquatic products with deadly natural toxins, except for the cases permitted by competent State bodies.

(18) Exporting or importing aquatic products on the list of those banned from export and import.

The Law on Fisheries 2003 was approved by the 11th National Assembly of Vietnam at its 4th session on November 26, 2003 and officially effective from July 01, 2004.

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