What are acts of illegal fishing in Vietnam?

What are acts of illegal fishing in Vietnam?​ (Image from Internet)

1. What are acts of illegal fishing in Vietnam?

According to Clause 1, Article 60 of the Law on Fisheries 2017, the acts considered as illegal fishing include:

- Fishing without a license;

- Fishing in prohibited areas or during prohibited times; fishing, transporting prohibited aquatic species; fishing aquatic species smaller than the regulated size; using prohibited fishing methods and equipment;

- Illegally fishing species listed under the category of endangered, precious, and rare aquatic species;

- Illegally fishing in waters under the management of regional, national, or other territorial fisheries management organizations;

- Exceeding the species-specific quota, fishing in the wrong areas, or past the deadline specified in the permit;

- Concealing, falsifying, or destroying evidence of violations related to fishing and aquatic resource protection;

- Obstructing or resisting authorities performing inspections and monitoring compliance with fishing and aquatic resources protection regulations;

- Transshipment or supporting vessels identified as engaging in illegal fishing, unless in cases of force majeure;

- Failure to equip, adequately equip, or operate communication and tracking equipment as per regulations;

- Lacking a Certificate of Compliance with Food Safety Conditions as stipulated;

- Temporary import, re-export, temporary export, re-import, transit, transshipment through Vietnamese territory of aquatic products originating from illegal fishing;

- Not logging, incompletely logging, incorrectly logging, or failing to submit fishing logs, or not reporting as required;

- Using stateless fishing vessels or vessels flying the flag of non-member countries to engage in illegal fishing in international waters under the jurisdiction of regional fisheries management organizations;

- Using fishing vessels for activities not in accordance with regulations on fishing and aquatic resource protection in international waters not under the jurisdiction of regional fisheries management organizations.

2. What are regulations on the confirmation and certification of the origin of aquatic products from fishing in Vietnam?

The confirmation and certification of the origin of aquatic products from fishing are stipulated in Article 61 of the Law on Fisheries 2017 as follows:

- The competent authority of Vietnam shall confirm raw materials and certify aquatic products originating from fishing in Vietnamese waters not violating illegal fishing regulations for organizations and individuals upon request.

- Imported aquatic raw materials are certified by the competent authority of the exporting country as originating from fishing that does not violate illegal fishing regulations when requested by the importing organization or individual.

- Exported aquatic products originating from imported aquatic raw materials shall be confirmed by the competent authority of Vietnam upon the request of the exporting organization or individual, based on the exported product's raw materials are certified by the competent authority of the exporting country as originating from non-violating fishing.

- The Minister of Agriculture and Rural Development of Vietnam shall prescribe the content, authority, order, and procedures on the confirmation of raw materials, certification of the origin of caught aquatic products; confirmation of imported aquatic raw materials or aquatic products produced from imported raw materials not originating from illegal fishing.

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