Conditions for commercial fishing outside the Vietnam’s maritime boundary

Conditions for commercial fishing outside the Vietnam’s maritime boundary (Internet image)

Regarding this issue, LawNet responded as follows:

1. What is commercial fishing?

According to Clause 18, Article 3 of the Law on Fisheries 2017, commercial fishing means catching or fishing logistics for catching aquatic resources.

2. Conditions for commercial fishing outside the Vietnam’s maritime boundary

According to Article 53 of the Law on Fisheries 2017, organizations and individuals engaged in fishing activities outside the Vietnam’s maritime boundary will be approved regarding commercial fishing in the maritime boundary of other countries or territories or licensed regarding commercial fishing in the waters under management of RFMOs by the Ministry of Agriculture and Rural Development if they satisfy the following conditions:

- They are approved by competent authorities of the countries or territories owning fishing areas or issued with fishing quotas by the RFMOs;

- Commercial fishing vessels are eligible for operation, have been registered, issued with certificates of technical safety whose remaining period is at least 6 months; have sufficient equipment for ensuring safety of people and commercial fishing vessels, suitable vehicle tracking devices and communication equipment;

- Masters and chief engineer officers have degrees or certificates issued by competent authorities. Crewmembers have insurance and passports.

At least one person working on the vessel or group of vessels can use English or a common language of the country or territory where the commercial fishing vessels extract aquatic species. The cross-border departure of commercial fishing vessels is not banned in accordance with regulations of law;

- Other conditions prescribed by the RMFO, countries or territories are satisfied.

At the same time, Article 46 of Decree 26/2019/ND-CP also stipulates that a fishing vessel operating outside Vietnam’s waters must satisfy the following eligibility requirements:

- It must have a maximum length of at least 15 meters and not violate illegal fishing regulation.

- It must be assigned an IMO number.

- There must be observers in accordance with regulations of the regional fisheries management organization or coastal countries.

- Crew members and fishers working on board a fishing vessel must obtain a certificate of completion of a course on fisheries management within international waters if the fishing license is issued for the purpose of conducting fishing activities within waters under the jurisdiction of the regional fisheries management organization.

- The fishing vessel must be fitted with marine communications equipment, including VHF radio transmitters and receivers maintaining a continuous DSC watch on Channel 70 or 16; MF/HF radio transmitters and receivers; NAVTEX receiver, emergency position-indicating radio beacons (EPIRB) and GPS equipment.

- The fishing vessel must be fitted with monitoring equipment capable of automatically transmitting information through the satellite communications system.

3. Responsibilities of organizations and individuals engaged in commercial fishing outside the Vietnam’s maritime boundary

Organizations and individuals engaged in commercial fishing outside the Vietnam’s maritime boundary shall:

- Be approved or licensed by the Ministry of Agriculture and Rural Development.

- Go through procedures for exit and entry in accordance with regulations of Vietnam law and laws of the countries or territories where they extract aquatic species.

- Comply with regulations of Vietnam law, regulations of international treaties to which the Socialist Republic of Vietnam is a signatory, laws of countries and territories where aquatic species are extracted and regulations issued by the RFMOs managing the waters where aquatic species are extracted.

- In case of accidents or dangers requiring assistance, crewmembers shall give emergency signals or and promptly contact the nearest competent authorities of the countries or territories; notify the nearest representative authorities of Vietnam in the countries or territories, fishery authorities of provinces or the Ministry of Agriculture and Rural Development.

- During the commercial fishing, the masters shall carry original copies or certified copies of relevant documents issued by Vietnamese competent authorities and relevant documents issued by the countries or territories when the commercial fishing vessels operate in the waters under their management.

- Cooperate with competent authorities in dealing with cases related to people and commercial fishing vessels used for fishing outside the territory of Vietnam.

- The shipowners and masters shall provide ship officers with guidance on rights and responsibilities related to commercial fishing outside the Vietnam’s maritime boundary;

- The shipowners shall buy insurance for crewmembers and cover all costs arising during the commercial fishing outside the Vietnam’s maritime boundary.

(Article 54 of the Law on Fisheries 2017)

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