Prervent fishing vessels violating foreign waters to remove ‘yellow card’

During a conference held to assess the progress of the Fisheries Control Department's activities in the first half of 2023 and plan for the remaining six months, Deputy Minister Phung Duc Tien discussed the matter of resolving the "yellow card" status imposed by the European Commission (EC) due to Vietnam's engagement in illegal, unregulated, and unreported (IUU) fishing practices.

According to Deputy Minister Phung Duc Tien, the European Commission has identified a total of 40 issues following three rounds of inspections. The first category of documents relevant to the matter at hand are legal documents. The European Commission (EC) has confirmed that our country possesses a comprehensive system of legal documents, which includes the Law on Fisheries 2017, along with 2 Decrees and 9 Circulars.

These legal instruments provide us with the necessary prerequisites to effectively deal with the issue of the "yellow card" and ultimately have it revoked. Nevertheless, in order to align with actual findings, it is imperative to make necessary modifications and revisions to Decree 42 and Decree 26. The aforementioned amendment has been formally presented to the Government subsequent to a period of thorough preparation. It is anticipated that within the imminent days, the Ministry of Justice and the Ministry of Planning and Investment will provide a subsequent evaluation, leading to its final approval by the Government.

The second issue relates to the monitoring and management of the fishing fleet. Presently, the quantity of our vessels is excessively high, with a total of 86,820 ships, of which over 30,000 are 15 meters or longer. Our efforts have been directed towards achieving a 93.7% installation rate of vessel monitoring equipment (VMS) on ships, ensuring their connection to both general and provincial information systems. There are nonetheless instances of ships engaging in violations within international waters," Deputy Minister Tien further remarked.

The Deputy Minister emphasized that the European Commission (EC) has confirmed that vessels that breach international maritime boundaries are unable to have their "yellow card" status revoked. Since the beginning of the current year up until the present moment, there has been a notable scarcity in the occurrence of maritime vessels trespassing into foreign waters. Specifically, a mere 14 ships and 84 individuals engaged in fishing activities have been found to be in violation, corresponding to a significant decrease year on year.

Hence, there is a strong expectation that both the political system and regional entities will undertake substantial measures to ensure the end of ship violations in the period from the present to October 2023. In this manner, there exists the possibility of retaining a "yellow card" rather than receiving a "red card". Additionally, it should be noted that the "yellow card" has the potential to be removed.

Additionally, as stated by the Deputy Minister, the third issue pertains to traceability. During the third inspection, the EC identified ongoing inaccuracies in relation to traceability. The Ministry of Agriculture and Rural Development conducted a recent inspection to check the ongoing existence of these deficiencies.

One of the key concerns refers to the management of administrative infractions. The Government has recently proposed an amendment, Decree 42, to the National Assembly Standing Committee. This amendment seeks to introduce six more mechanisms that will aid in the management of administrative violations. These mechanisms are intended to function similarly to fines, with the expectation that they will effectively address and deter such violations. Coast Guard has the authority to address administrative violations. Both ship owners and captains are subject to legal responsibility, although initially only ship owners were legally obligated.

Another aspect to consider is the transformation of three branches in the upcoming 2075 Project. This transformation is aimed at facilitating the implementation of the amended Decree 42, thereby enhancing its effectiveness and efficiency.

Based on a report published by the Fisheries Control Department, there remains a complex situation pertaining to Vietnamese fishing vessels engaging in violations of foreign waters, specifically in regions such as Thailand, Malaysia, and Indonesia. These vessels employ sophisticated strategies to elude law enforcement authorities and safeguard the fishermen comprising the fishing force.

Since October 2022, after the third inspection conducted by the EC Inspection Delegation, a total of 27 vessels and 132 individuals engaged in fishing activities have been captured and subjected to legal proceedings in foreign nations. Notably, 14 of these incidents have transpired since the beginning of the year 2023. The number of ships and fishermen has experienced a decline of approximately 20% compared to the corresponding period in 2022.

Deputy Minister of Agriculture and Rural Development, Phung Duc Tien, emphasized that the expeditious removal of the "yellow card" can be achieved if the European Commission's four recommendations are implemented concurrently.