Decree No. 38/2024/ND-CP on on Penalties for Administrative Violations against Regulations on Fisheries.
Country
Type of law
Regulation
Abstract
This Decree establishes a framework for addressing administrative violations within Vietnam's fisheries sector. It defines specific prohibited acts, the corresponding financial penalties, and various remedial measures. The scope of the regulation covers a wide range of activities, including the protection of aquatic habitats, the management of endangered species, and the operation of marine protected areas. It also addresses the technical requirements for fishing vessels, such as tracking units and communication equipment.
The text outlines a tiered system of fines based on the severity of the violation and the size of the fishing vessel involved. For instance, illegal fishing in no-take zones or the unauthorized catch of endangered species results in fines that increase according to the total weight of the catch or the vessel's length. Beyond monetary fines, the Decree authorizes additional penalties such as the confiscation of fishing gear, the suspension of captain licenses, and the forced destruction or re-export of illegal aquatic products.
This Decree mandates strict documentation to combat IUU fishing, requiring proof of legal catch for all imports. Port State measures include mandatory arrival notifications and designated unloading ports for large vessels. Additionally, it prohibits IUU-listed vessels and authorizes the expulsion of foreign ships carrying illegal catches to ensure full traceability.This Decree mandates strict documentation to combat IUU fishing, requiring proof of legal catch for all imports. Port State measures include mandatory arrival notifications and designated unloading ports for large vessels. Additionally, it prohibits IUU-listed vessels and authorizes the expulsion of foreign ships carrying illegal catches to ensure full traceability.
Regarding the aquaculture and mariculture sectors, the Decree specifies administrative penalties for violations in the production and trading of aquatic breeds, feeds, and environmental remediation products, while also regulating the strict management of farming activities within marine protected areas. Furthermore, it mandates the use of environmental monitoring equipment and enforces remedial measures, such as the relocation or demolition of illegal aquaculture structures, to ensure compliance with national biosecurity and habitat protection standards.
Finally, the document delineates the specific powers granted to various state authorities to enforce these regulations. It identifies the title holders—including inspectors, border guards, coast guards, and market surveillance officers—who have the authority to make records and impose penalties. The Decree also establishes prescriptive periods for penalties and provides transitional guidelines for violations that occurred prior to its effective date.
The text outlines a tiered system of fines based on the severity of the violation and the size of the fishing vessel involved. For instance, illegal fishing in no-take zones or the unauthorized catch of endangered species results in fines that increase according to the total weight of the catch or the vessel's length. Beyond monetary fines, the Decree authorizes additional penalties such as the confiscation of fishing gear, the suspension of captain licenses, and the forced destruction or re-export of illegal aquatic products.
This Decree mandates strict documentation to combat IUU fishing, requiring proof of legal catch for all imports. Port State measures include mandatory arrival notifications and designated unloading ports for large vessels. Additionally, it prohibits IUU-listed vessels and authorizes the expulsion of foreign ships carrying illegal catches to ensure full traceability.This Decree mandates strict documentation to combat IUU fishing, requiring proof of legal catch for all imports. Port State measures include mandatory arrival notifications and designated unloading ports for large vessels. Additionally, it prohibits IUU-listed vessels and authorizes the expulsion of foreign ships carrying illegal catches to ensure full traceability.
Regarding the aquaculture and mariculture sectors, the Decree specifies administrative penalties for violations in the production and trading of aquatic breeds, feeds, and environmental remediation products, while also regulating the strict management of farming activities within marine protected areas. Furthermore, it mandates the use of environmental monitoring equipment and enforces remedial measures, such as the relocation or demolition of illegal aquaculture structures, to ensure compliance with national biosecurity and habitat protection standards.
Finally, the document delineates the specific powers granted to various state authorities to enforce these regulations. It identifies the title holders—including inspectors, border guards, coast guards, and market surveillance officers—who have the authority to make records and impose penalties. The Decree also establishes prescriptive periods for penalties and provides transitional guidelines for violations that occurred prior to its effective date.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Nghị định 38/2024/NĐ-CP quy định về xử phạt vi phạm hành chính trong lĩnh vực thủy sản