Hello LSX! The fishing industry in our country has been developed for a long time, so I intend to join the fishing industry. However, on fishing is divided into many regions. So about the matter “Regulations on fishing areas in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Decree 26/2019/ND-CP
- Fisheries Law 2017
- Decree 42/2019/ND-CP
- Criminal Code 2017
Rights and obligations of organizations and individuals engaged in fishing
Rights of organizations and individuals exploiting aquatic products
According to Clause 1, Article 52 of the Fisheries Law 2017, organizations and individuals engaged in fishing have the following rights:
• Exploiting aquatic products according to the contents stated in the permit;
• To be informed about aquatic resources, fishery activities, fishery market and guide on fishing technology and techniques;
• To be protected by the State’s legitimate rights and interests in fishing.
Obligations of fishing organizations and individuals
According to Clause 2, Article 52 of the Fisheries Law 2017, organizations and individuals exploiting aquatic products have the following obligations:
• To comply with the provisions of the fishing license, maintain the conditions specified in Clause 2, Article 50 of this Law;
• Implement regulations on ensuring safety for people, fishing vessels and food safety for caught products; proactively take measures to prevent and combat natural disasters; to rescue when encountering people or ships in distress;
• The National Flag of the Socialist Republic of Vietnam must be hung on fishing boats when operating; mark fishing vessels according to the sea area, mark the fishing gear being used at the fishing ground according to the regulations of the Minister of Agriculture and Rural Development;
• Comply with the inspection and examination by competent state agencies in accordance with the law;
• Participating in rescue and protection of sovereignty, security and order in the mining area; denounce violations of the law on fisheries;
• Comply with regulations on management of areas, occupations, species sizes and fishing gear; comply with the adjustment of the content inscribed in the permit upon the notification of the provincial People’s Committee on adjustment of catches by species;
• In the course of fishing activities, the original or a certified true copy of the fishing license must be carried, in case a permit is required, and a technical safety certificate for fishing vessels must be registered. inspection, fishing vessel registration certificate, crew register book, diplomas, certificates of captain, chief engineer, identity card, citizen identification card, passport or other identification documents as prescribed for with crew members and persons working on fishing vessels;
• Record and submit reports and diaries of fishing according to the guidance of the Ministry of Agriculture and Rural Development.
Managing activities of fishing vessels in Vietnamese waters
According to Article 43 of Decree 26/2019/ND-CP, the management of fishing vessels in Vietnam’s waters is regulated as follows:
• For ships catching aquatic resources:
o Vessels with the maximum length of 15 meters or more operating in the high seas, not in the coastal and inland areas;
o Vessels with the maximum length from 12 meters to less than 15 meters operating in the floodplain, not operating in the high seas and coastal areas;
o Vessels with the maximum length of less than 12 meters operating in the coastal areas are not allowed to operate in the inland and offshore areas; Ships registered in any province may only operate in the coastal areas of that province; unless there is an agreement on the operation of fishing vessels in coastal areas by the People’s Committees of the two provinces.
• For logistics ships catching aquatic resources:
o Vessels with a maximum length of 15 meters or more operating in coastal areas, inland areas and high seas;
o Vessels with the maximum length from 12 meters to less than 15 meters operating in coastal areas and inundated areas are not allowed to operate in open waters;
o Vessels with the maximum length of less than 12 meters operating in coastal areas are not allowed to operate in the inland and offshore areas.
• Regulations on flying flags:
o Vietnamese fishing vessels must hang the national flag of the Socialist Republic of Vietnam (hereinafter referred to as the national flag) at the top of the stern mast; for ships without a stern mast, the national flag shall be hung at the top of the main mast;
o In case a Vietnamese organization or individual hires a foreign fishing vessel, they must fly the Vietnamese flag as prescribed at Point a of this Clause.
Regulations on fishing areas
Fishery zoning
According to Article 42 of Decree 26/2019/ND-CP, fisheries zoning is regulated as follows:
• Vietnam’s waters are divided into three fishing zones as follows:
o The coastal zone is bounded by the sea edge along the coast and the shoreline. For islands, the coastal zone is the sea area limited by the average tidal line for many years around the island’s coast to 06 nautical miles;
o The floodplain is limited by the shoreline and the floodplain;
o The high seas are limited by the waterway and the outer boundary of the exclusive economic zone of Vietnam’s waters.
• The People’s Committees of two adjacent coastal provinces and centrally-run cities shall, based on specific geographical features of the coastal waters, negotiate to determine and announce the boundary of the coastal fishing area. between the two provinces.
Handling violations of fishing areas
Administrative sanctions
According to Article 21 of Decree 42/2019/ND-CP, penalties for violations of regulations on fishing areas are as follows:
• A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for illegally using fishing vessels of less than 12 meters in length to illegally fish in coastal waters of other provinces.
• A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for using a fishing vessel with the longest length of less than 12 meters for fishing in the inland or offshore areas.
• A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for using a fishing vessel with the largest length from 12 meters to less than 15 meters for fishing in coastal or offshore areas.
• A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using a fishing vessel with the longest length from 15 meters to less than 24 meters for fishing in coastal areas and inland areas.
• A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using a fishing vessel with the largest length of 24 meters or more for fishing in coastal areas or in coastal areas.
• For acts of using fishing boats for trawling, fishing and fishing gear combined with light (except for squid hand fishing) fishing in the coastal waters specified in Clauses 3, 4 and 5 of this Article the fine shall be twice the fine level specified in Clauses 3, 4 and 5 of this Article.
• Additional sanction:
o Deprivation of the right to use the fishing license from 06 months to 12 months, for violations specified in Clause 6 of this Article;
o Deprivation of the right to use a fishing vessel captain’s diploma or certificate from 1 to 6 months for violations specified in Clauses 3, 4, 5 and 6 of this Article.
Regulations on fishing areas in Vietnam
According to Article 424 of the Penal Code 2017, the crime of deactivating irrigation resources is handled as follows:
• Those who violate regulations on protection of aquatic resources in one of the following cases, causing damage to aquatic resources from 100,000,000 VND to less than 500,000,000 VND or obtained aquatic products worth from 50,000 .000 VND to less than 200,000,000 VND or have been administratively sanctioned for one of the acts specified in this Article or have been convicted of this crime, not yet entitled to criminal record remission but continue to commit them, shall be subject to criminal penalties. a fine of between VND 50,000,000 and 300,000,000, a non-custodial reform for up to 03 years or a prison term of between 06 months and 03 years:
o Using poisons, explosives, chemicals, electric currents or prohibited means and fishing gears for fishing or destroying aquatic resources;
o Fishing in restricted areas or in restricted areas for a limited time;
o Exploiting aquatic species banned from exploitation, if not falling into the cases specified in Article 244 of this Code;
o Destroying habitats of aquatic species on the list of endangered precious and rare species prioritized for protection;
o Inflicting injury or causing harm to the health of others with an injury rate of 61% or higher;
o Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;
o Violating other provisions of the law on the protection of aquatic resources.
• Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 300,000,000 and 1,000,000,000 or a prison term of between 3 and 5 years:
o Causing damage to aquatic resources of between VND 500,000,000 and under VND 1,500,000,000 or obtained aquatic products valued at between VND 200,000,000 and under VND 500,000,000;
o Causing death;
o Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 122% to 200%.
• Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:
o Causing damage to aquatic resources of VND 1,500,000,000 or more or the obtained aquatic products valued at VND 500,000,000 or more;
o Causing death of 02 or more people;
o Inflicting injury or causing harm to the health of 3 or more people with a total injury rate of 201% or more.
• Offenders may also be subject to a fine of from VND 20,000,000 to VND 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
• A commercial legal entity that commits an offense specified in this Article shall be fined as follows:
o Committing the crime in the cases specified in Clause 1 of this Article, the offenders shall be subject to a fine of between VND 300,000,000 and 1,000,000,000;
o Committing the crime in the cases specified in Clause 2 of this Article, the offenders shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000;
o Committing the crime in the cases specified in Clause 3 of this Article, the offenders shall be subject to a fine of between VND 3,000,000,000 and VND 5,000,000,000 or have their operation suspended for a term of between 06 months and 03 years;
o Commercial legal entities may also be subject to a fine of from VND 50,000,000 to VND 200,000,000, a ban from doing business, from operating in certain fields for 1 to 3 years, or from raising capital for 1 year up to 3 years.
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Frequently asked questions
Pursuant to Clauses 1 and 2, Article 50 of the Law on Fisheries 2017 stipulates the conditions for catching fish at sea as follows: fishing license: organizations and individuals exploiting fish by large fishing vessels at least 06 meters or more must have a fishing license. At the same time, in order to apply for a fishing license, you need to meet the following conditions.
How to determine an area where fishing is prohibited for a limited time?
An area where fishing is prohibited for a limited time is determined by one of the following criteria:
Areas where fishing is prohibited for a limited time is determined by the criteria of the breeding area of aquatic species, the area with a higher density of eggs of aquatic species than the neighboring area.
Areas banned from fishing for a definite time are determined by the criteria of areas where immature aquatic species live, and areas with a high density of juveniles, juveniles and larvae of aquatic species. high yield compared to the surrounding area.
Areas where fishing is prohibited for a definite period are determined by the criteria of breeding migratory areas of aquatic species.
The area where fishing is prohibited for a definite time is determined by the criteria of the area for which fishing is prohibited by regional fisheries management organizations of which Vietnam is a member or is not a member but has cooperation. .
Vietnam is in the era of science and technology revolution 4.0, so the application of science and technology to fishing is essential and cannot be ignored. However, because the current level of workers is still low, the ability to acquire and apply technology and techniques to exploitation is still slow, leading to many impacts on the mining process. Vietnam’s fisheries.
Conclusion: So the above is Regulations on fishing areas in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
