Introducing new regulations to address the issue of IUU drastically

The Directorate of Fisheries has reported that the Prime Minister has issued Decree No. 37/2024/NQ-CP, which modifies and adds some provisions of Decree No. 26/2017/NQ-CP of the Government. This decree provides specific guidelines and methods for implementing the Law on Fisheries. 

Decree No. 38/2024/ND-CP governs penalties for administrative violations in the fisheries sector, whereas Decree No. 38/2024/ND-CP replaces Decree No. 42/2019/ND-CP on penalties for administrative violations in the same sector.

Stringent regulations on the significant duties in managing and monitoring fishing vessels

Mr. Tran Dinh Luan, Director of the Fisheries Department, has indicated that Decree No. 37 has streamlined several administrative procedures. More precisely, it modifies and adds to the rules for the facilitation of specific administrative procedures in situations where natural disasters or epidemics hinder the ability to conduct on-site inspections and evaluations for the purpose of providing licenses, certificates, approvals, maintenance assessments, and facility condition monitoring. This encompasses the utilization of digital assessment techniques, protocols for the registration of aquaculture enclosures, pens, and fish cultivation, as well as the notification of the commencement and conclusion of fishing harbors.

In addition, Decree No. 37 modifies and enhances provisions concerning the protection and advancement of fishery resources, the registration of aquaculture in enclosures, and specifically emphasizes important aquaculture species. Additionally, it encompasses legislation of the exploitation of fisheries, which includes the conversion of quotas for exploitation licenses.

The Decree outlines the specific obligations of both central and local authorities in the management and utilization of the fishing vessel monitoring system. Ship captains and owners are required to adhere fully to the alerts provided by the vessel's trip monitoring equipment and are forbidden from trespassing into the boundaries of approved fishing areas in the sea. The new decree also specifies the obligations of the entities responsible for monitoring equipment installed on fishing vessels. It establishes guidelines for the installation and management of this equipment, and requires the installation of collision avoidance devices during sea operations to prevent confusion and management challenges.

Decree No. 37 enhances the requirements for Vietnamese fisheries observers working in Vietnamese waters, establishing a legal framework to uphold and advance Vietnam's seafood exports to the United States.

The decree modifies and adds to the regulations governing the oversight of foreign vessels involved in fishing, transporting, and transferring fisheries and fisheries products obtained from fishing in Vietnamese ports. It also regulates the control of fisheries and fisheries products obtained from fishing and transported by container ships imported into Vietnam. These measures are being implemented to comply with the Prime Minister's Directive No. 1058/CĐ-TTg, which focuses on urgent tasks and solutions to combat illegal, unreported, and unregulated (IUU) fishing and to address the "yellow card" warning issued by the European Commission.

Moreover, the decree governs the supervision of foreign vessels involved in fishing, as well as the transportation and transfer of fisheries and fisheries products obtained from fishing in Vietnamese ports. It also oversees the control of fisheries and fisheries products obtained from fishing and transported by container ships imported into Vietnam. Organizations and individuals are required to declare and submit documents to the competent authority of the Ministry of Agriculture and Rural Development at least 48 hours prior to transporting the cargo to the port. This is done to assess and confirm the origin of imported seafood raw materials and ensure compliance with IUU regulations.

Penalties imposed for administrative violations in the fisheries sector

Decree No. 38 introduces a significant change by extending the duration for administrative penalties in the fisheries industry to a period of 2 years. Administrative penalties are enhanced by repeated infractions or reoffenses in the fisheries sector that are not particularly regulated in this Decree. The Decree additionally enhances administrative sanctions for ship owners who do not have the position of captain and for ship owners who hold the position of captain. It precisely delineates the limits of the marine zones where fishing is authorized.

Decree No. 38 enhances the ability of forestry inspectors to enforce penalties and address administrative infractions pertaining to the safeguarding of fishing resources in national parks, conservation areas, and other relevant locations. This measure aims to ensure the swift detection and proper handling of such violations in accordance with established laws.

The regulation permits authorities and authorized individuals to employ technical methods and equipment to identify infringements in fisheries exploitation activities, safeguard fisheries resources, and support aquaculture.

During his speech at the Conference, Deputy Minister of Agriculture and Rural Development Phung Duc Tien highlighted the importance of Directive No. 32-CT/TW, recently issued by the Party Central Committee. This directive aims to enhance the Party's control in addressing the issues of illegal, unreported, and unregulated (IUU) fishing, as well as promoting the sustainable growth of the fisheries sector.

Hence, the Deputy Minister suggested that by leveraging the central government's endeavors and employing explicit legal mechanisms, all regions should actively engage in eradicating the IUU "yellow card." This entails prioritizing the surveillance and administration of fishing fleets, tracing the source of harvested goods, and rigorously enforcing the regulations stipulated in the new Decrees.