What are the penalties for violations against regulations on fishing license in Vietnam?

What are the penalties for violations against regulations on fishing license 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. Decree 38/2024/ND-CP takes effect from May 20, 2024.

What are the penalties for violations against regulations on fishing license in Vietnam? 

Penalties for violations against regulations on fishing license in Vietnam under Article 23 of Decree 38/2024/ND-CP are as follows:

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

+ Failing to carry the original or certified true copy of the fishing license when operating fishing vessels for commercial fishing;

+ Using fishing vessels of 06 m, or more, but less than 12 m in overall length for carrying out a fishing occupation other than the one specified in the fishing license;

+ Failing to obtain a fishing license or using an expired one when using fishing vessels of 06 m, or more, but less than 12 m in overall length for carrying out commercial fishing in inland waters.

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

+ Failing to obtain a fishing license or using an expired one when using fishing vessels of 06 m, or more, but less than 12 m in overall length for carrying out commercial fishing in the territorial waters of Vietnam;

+ Using fishing vessels of 12 m, or more, but less than 15 m in overall length for carrying out a fishing occupation other than the one specified in the fishing license;

+ Failing to obtain a fishing license or using an expired one when using fishing vessels of 15 m, or more, in overall length for carrying out commercial fishing in inland waters.

- A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for commission of one of the following violations:

+ Failing to obtain a fishing license or using an expired one when using fishing vessels of 12 m, or more, but less than 15 m in overall length for carrying out commercial fishing in inland waters and territorial waters of Vietnam;

+ Using fishing vessels of 15 m, or more, in overall length for carrying out a fishing occupation other than the one specified in the fishing license.

- A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed for repeat or re-commission of the violation in Clause 3 of Article 23 of Decree 38/2024/ND-CP.

- Additional penalties:

+ Catches shall be confiscated in case of commission of any of the violations in Point c Clause 1, Clauses 2, 3 and 4 of Article 23 of Decree 38/2024/ND-CP;

+ Fishing gears shall be confiscated in case of commission of any of the violations in Point b Clause 2, Clause 3 and Clause 4 of Article 23 of Decree 38/2024/ND-CP;

+ The captain's license or certificate of competence to operate fishing vessels shall be suspended for a fixed period of 06 - 12 months in case of commission of any of the violations in Point c Clause 1, Clauses 2, 3 and 4 of Article 23 of Decree 38/2024/ND-CP.

In addition, the above fines are applied to violations committed by individuals. In case an organization commits a violation, the fine is twice the fine for an individual.

(Clause 2, Article 5, Decree 38/2024/ND-CP)

Thus, violations against regulations on fishing license in Vietnam can be fined up to VND 100,000,000 for individuals and VND 200,000,000 for organizations.

Regulations on commercial fishing licenses in Vietnam

Pursuant to Article 50 of the Law on Fisheries 2017, regulations on commercial fishing licenses in Vietnam are as follows:

- Organizations and individuals using commercial fishing vessels with the maximum length of at least 6 meters for engaging in fishing shall have commercial fishing licenses.

- The organization or individual prescribed in Clause 1 of Article 50 of the Law on Fisheries 2017 will be issued with the commercial fishing license if:

+ The marine fishing does not exceed the quota on issuance of marine fishing licenses;

+ The commercial fishing is not included in the list of banned vocations;

+ The commercial fishing vessel requiring inspection is issued with the certificate of technical safety;

+ The commercial fishing vessel is provided with communication equipment as prescribed by the Ministry of Agriculture and Rural Development;

+ The commercial fishing vessel with the maximum length of at least 15 meters is equipped with the vehicle tracking device in accordance with the Government's regulations;

+ The organization or individual has obtained the registration certificate of commercial fishing vessels;

+ The master and chief engineer officer have degrees or certificates precribed by the Ministry of Agriculture and Rural Development;

+ In case of reissuance of the expired license, the organization or individual satisfy the requirements prescribed in Points b, c, d, dd, e and g of Clause 2 of Article 50 of the Law on Fisheries 2017and have submitted extraction log in accordance with regulations of law and the commercial fishing vessel is not included in the list of illegal commercial fishing vessels published by the Ministry of Agriculture and Rural Development.

- Main contents of the commercial fishing license include:

+ Name of the organization or individual;

+ Registration number, name and call sign of the commercial fishing vessel and the International Maritime Organization (IMO) number (if any);

+ Fishing vocations and areas;

+ Fishing period of each vocation;

+ The production allowed to be caught of each species (if any);

+ The registered fishing port;

+ Expiry date

- A commercial fishing license will be reissued if:

+ It is lost or damaged; or

+ The license holder’s information specified in the license or the registered fishing port is changed;

+ The license expires.

- A commercial fishing license will be revoked if:

+ Its contents are erased or changed;

+ Aquatic species are extracted outside the Vietnam’s maritime boundary;

+ The registration of commercial fishing vessel has been cancelled;

+ The conditions prescribed in Clause 2 of Article 50 of the Law on Fisheries 2017 are no longer satisfied.

- The period of a commercial fishing license is specified as follows:

+ The period of the license issued for the first time or reissued in accordance with regulations of Point c Clause 4 of Article 50 of the Law on Fisheries 2017 shall not exceed the remaining period of the fishing quota from the day on which it is issued;

+ The period of the license reissued in accordance with regulations in Points a and b Clause 4 of Article 50 of the Law on Fisheries 2017 shall be the same as the remaining period of the issued license.

- Contents of a commercial fishing license will be adjusted if there is any variation in aquatic resources as prescribed in Clause 4 Article 49 of the Law on Fisheries 2017. The Ministry of Agriculture and Rural Development and People’s Committees of provinces shall notify adjustments to licenses to extract aquatic resources to shipowners.

Doan Duc Tai

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