Latest regulations on the quota on issuance of marine fishing licenses in Vietnam

Latest regulations on the quota on issuance of marine fishing licenses in Vietnam (Internet image) 

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

1. Latest regulations on the quota on issuance of marine fishing licenses in Vietnam

Regulations on quotas for fishing licenses at sea according to Article 49 of the Law on Fisheries 2017 are as follows:

- Bases for determining quota on issuance of marine fishing licenses include:

+ Results of aquatic resources investigation and assessment;

+ Variable trend of aquatic resources;

+ The maximum production of aquatic species allowed to be caught sustainably;

+ Structure of fishery vocations, aquatic species to be caught and fishing areas;

+ The bases for catching aquatic migratory aquatic species or aquatic species living in shoals shall include those prescribed in Points a, b, c and d of Clause 1 of Article 49 of the Law on Fisheries 2017 and production allowed to be caught of each species. The Ministry of Agriculture and Rural Development shall determine the aquatic species prescribed in this Point.

- Pursuant to Clause 1 of Article 49 of the Law on Fisheries 2017, the Ministry of Agriculture and Rural Development shall determine and assign quotas on issuance of marine fishing licenses and production allowed to be caught of each species in the waters from the inshore route to the outer boundary of Vietnam’s exclusive economic zone of provinces.

- Pursuant to Clause 1 of Article 49 of the Law on Fisheries 2017, the People’s Committee of each province shall determine and assign quotas on issuance of marine fishing licenses and the production allowed to be caught of each species in the coastal waters and inshore water under it management.

- The quota on issuance marine fishing licenses shall be published and adjusted every 60 months. If there is any variation in aquatic resources, according to results of investigation into and assessment of aquatic resources in each subject, annual investigation into and assessment of commercial fisheries, the Ministry of Agriculture and Rural Development and People’s Committees of provinces shall adjust the production allowed to be caught of each species.

2. Regulations on commercial fishing licenses in Vietnam

Regulations on commercial fishing licenses according to Article 50 of the Law on Fisheries 2017 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 2017 and 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.

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