Penalties for violations against regulations on import, export, temporary import, re-export and transit of fishery products processed from catches, export and import of fish in Vietnam

Penalties for violations against regulations on import, export, temporary import, re-export and transit of fishery products processed from catches, export and import of fish in Vietnam (Internet image)

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

On April 5, 2024, the Government issued Decree 38/2024/ND-CP on penalties for administrative violations against regulations on fisheries in Vietnam

Penalties for violations against regulations on import, export, temporary import, re-export and transit of fishery products processed from catches, export and import of fish in Vietnam

According to Article 42 of Decree 38/2024/ND-CP stipulating penalties for violations of regulations on import, export, temporary import, re-export, border-gate transfer, transit of aquatic products originating from exploitation, import and export of aquatic products:

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

+ Failing to provide documents serving inspection or failing to provide accurate information as prescribed on fishery products processed from catches which are imported and transported by container ships;

+ Documents and/or evidences declaring that fishery products imported to Vietnam originate from catches do not comply with regulation on prevention of illegal, unreported and unregulated (IUU) fishing.

- A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for commission of one of the following violations:

+ Importing fishery products against the import license (if required);

+ Failing to retain documents and/or evidences of compliance with regulations on prevention of IUU fishing as prescribed to prove that fishery products imported to Vietnam originate from catches.

- A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for illegal import of aquatic species that are not included in the List of aquatic species licensed for sale in Vietnam, if not liable to criminal prosecution.

- The following fines shall be imposed for mixing raw materials of domestic catches with those processed from catches imported to Vietnam for export to markets where catch certificate or statement is required:

+ A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for the violation involving a quantity of mixed raw materials of less than 100 kg;

+ A fine ranging from VND 50.000.000 to VND 100.000.000 shall be imposed for the violation involving a quantity of mixed raw materials of from 100 kg to under 500 kg;

+ A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for the violation involving a quantity of mixed raw materials of from 500 kg to under 1.000 kg;

+ A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for the violation involving a quantity of mixed raw materials of from 1.000 kg to under 2.000 kg;

+ A fine ranging from VND 200.000.000 to VND 300.000.000 shall be imposed for the violation involving a quantity of mixed raw materials of 2.000 kg, or more.

- The following fines shall be imposed for import, temporary import, re-export or transit of fishery products originating from IUU fishing against regulations of competent coastal countries or regional fisheries management organizations:

+ A fine ranging from VND 50.000.000 to VND 100.000.000 shall be imposed for the violation involving a shipment of less than 100 kg;

+ A fine ranging from VND 100.000.000 to VND 300.000.000 shall be imposed for the violation involving a shipment of from 100 kg to under 500 kg;

+ A fine ranging from VND 300.000.000 to VND 500.000.000 shall be imposed for the violation involving a shipment of from 500 kg to under 1.000 kg;

+ A fine ranging from VND 500.000.000 to VND 800.000.000 shall be imposed for the violation involving a shipment of from 1.000 kg to under 2.000 kg;

+ A fine ranging from VND 800.000.000 to VND 1.000.000.000 shall be imposed for the violation involving a shipment of 2.000 kg, or more.

- The following fines shall be imposed for illegal export of aquatic species included in the List of aquatic species subject to conditional export without satisfying exporting conditions as prescribed, if not liable to criminal prosecution:

+ A fine ranging from VND 50.000.000 to VND 100.000.000 shall be imposed for the violation involving a shipment of less than 100 kg;

+ A fine ranging from VND 100.000.000 to VND 300.000.000 shall be imposed for the violation involving a shipment of from 100 kg to under 500 kg;

+ A fine ranging from VND 300.000.000 to VND 500.000.000 shall be imposed for the violation involving a shipment of from 500 kg to under 1.000 kg;

+ A fine ranging from VND 500.000.000 to VND 800.000.000 shall be imposed for the violation involving a shipment of from 1.000 kg to under 2.000 kg;

+ A fine ranging from VND 800.000.000 to VND 1.000.000.000 shall be imposed for the violation involving a shipment of 2.000 kg, or more.

- Additional penalties:

+ Shipments shall be confiscated in case of commission of any of the violations in Point a Clause 2, Clauses 3, 4, 5 and 6 of this Article;

+ Export of fishery products to markets where catch certificate or statement is required shall be suspended for a fixed period of 06 - 12 months in case of commission of any of the violations in Clause 1 and Point b Clause 2 of Article 42 of Decree 38/2024/ND-CP.

- Remedial measures:

Foreign fishing vessels (except container ships) that carry fishery products of IUU fishing for import, temporary import into or transit through Vietnam are compelled to leave the territory of Vietnam in case of commission of the violation in Clause 5 of Article 42 of Decree 38/2024/ND-CP.

* Note: The above fines are the fines applied to administrative violations of individuals. For organizations with the same violation, the fines are twice the fines for individuals (According to Clause 2, Article 5 of Decree 38/2024/ND-CP)

More details can be found in Decree 38/2024/ND-CP, which comes into force from May 20, 2024

Decree 38/2024/ND-CP replaces Decree 42/2019/ND-CP regulating administrative sanctions in the field of fisheries.

To Quoc Trinh

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