New regulations on penalties for administrative violations against regulations on fisheries in Vietnam

New regulations on penalties for administrative violations against regulations on fisheries in Vietnam

Decree 38/2024/ND-CP deals with violations, penalties, fines, remedial measures against administrative violations, the power to impose administrative penalties and the power to make records of administrative violations against regulations on fisheries in Vietnam.

Other administrative violations against regulations on fisheries which are not prescribed in Decree 38/2024/ND-CP shall be governed by other relevant regulations of laws on penalties for administrative violations within the scope of state management in Vietnam.

The entities incurring administrative penalties include:

- Vietnamese and foreign organizations and individuals (hereinafter referred to as “entities”) that commit administrative violations specified in Decree 38/2024/ND-CP.

- Organizations that are liable to administrative penalties as prescribed in Decree 38/2024/ND-CP include:

+ Economic organizations that are duly established under the Law on Enterprises 2020 and/or the Law on Investment 2020, including: Private enterprises, joint-stock companies, limited liability companies, partnerships and organizations that are established under the laws of foreign countries and engaging in business in Vietnam;

+ Economic organizations that are duly established under the Law on Co-operatives 2023, including: Co-operatives and cooperative unions;

+ Socio-political organizations, social organizations, and socio-professional organizations;

+ Administrative units and other organizations as prescribed by law.

- Household businesses that are required to register their business as prescribed by law, business families, and fishing-vessel owners shall incur the same penalties as those incurred by individuals for committing the administrative violations specified in Decree 38/2024/ND-CP.

More details can be found in Decree 38/2024/ND-CP, which comes into force from May 20, 2024, replacing Decree 42/2019/ND-CP.

Note: Decree 38/2024/ND-CP shall apply to the administrative violations in fisheries sector which have been committed before May 20, 2024 but are detected afterwards or are under consideration if Decree 38/2024/ND-CP does not provide for any legal liability or imposes less severe legal liability.

In case there is a complaint filed against a decision on imposition of administrative penalty in fisheries sector which has been issued or implemented beforeMay 20, 2024, the complaint shall be solved in accordance with Decree 42/2019/ND-CP

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