Guidelines on criminal prosecution for destruction of aquatic resources against regulations on protection of aquatic resources in Vietnam

Guidelines on criminal prosecution for destruction of aquatic resources against regulations on protection of aquatic resources in Vietnam

Guidelines on criminal prosecution for destruction of aquatic resources against regulations on protection of aquatic resources are as follows:

- Anyone who exploits fisheries in violation of regulations on the protection of fisheries resources will be prosecuted for the crime of destroying fisheries resources as stipulated in Article 242 of the Criminal Code, if the perpetrator meets the criminality criteria.

- Banned equipment and gear specified in point a Clause 1 Article 242 of the Criminal Code include those listed in Annex II issued with Circular 01/2022/TT-BNNPTNT amending and supplementing certain circulars in the fisheries sector.

- Fisheries exploitation in prohibited areas specified in point b Clause 1 Article 242 of the Criminal Code refers to exploitation within national parks, nature reserves, species-habitat conservation areas, landscape protection areas, fisheries resource protection areas, or other prohibited zones as regulated by competent state agencies.

- Fisheries exploitation in areas with temporary bans as specified in point b Clause 1 Article 242 of the Criminal Code refers to exploitation in areas listed in Annex III issued with Circular 01/2022/TT-BNNPTNT amending and supplementing certain circulars in the fisheries sector.

- Exploiting prohibited fish species as specified in point c Clause 1 Article 242 of the Criminal Code refers to exploiting fish species under Group I of Annex II issued with Decree 37/2024/ND-CP.

Fisheries under Group II of Annex II issued with Decree 37/2024/ND-CP are also considered banned species if their exploitation does not meet the required conditions.

- Destroying the habitat of fisheries as specified in point d Clause 1 Article 242 of the Criminal Code refers to actions that degrade, damage, or eliminate the living environment, aquatic ecosystems, juvenile fish habitats, or migration routes of species listed as endangered, rare, or prioritised for protection.

More details can be found in Resolution 04/2024/NQ-HDTP effective from August 01, 2024.

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