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| Officers of Coast Guard Region 2 approach a fishing boat of Dak Lak province for inspection__Photo: VNA |
On April 5, 2024, the Government issued Decree 38/2024/ND-CP, setting out administrative penalties in the fisheries field. According to the Ministry of Agriculture and Environment, after more than a year of implementation, the decree has produced positive results in deterring IUU fishing and contributing to efforts to lift the European Commission’s (EC) “yellow card” on Vietnam’s seafood exports.
However, several shortcomings have emerged during implementation. These include the absence of sanctions against vessel owners whose boats operate beyond permitted fishing zones without written approval; incomplete provisions on fishing licenses; and the lack of penalties for providers of vessel monitoring systems (VMS) who fail to maintain signal transmission, data integrity, or comply with information requests from competent authorities.
To address these issues, relevant ministries are jointly developing a draft decree amending Decree 38. The draft introduces numerous new provisions to strengthen state management and align with EC recommendations. Notably, it revises and supplements sanctions related to vessel monitoring and communication equipment, and adds penalties for VMS service providers who neglect their duties. It also includes remedial measures to ensure effective correction of violations.
The draft further clarifies principles for imposing penalties when a vessel owner is also the vessel’s captain, ensuring consistency between fine levels and the nature of the violation while maintaining enforceability. In addition, it corrects inconsistencies identified during the implementation of Decree 38, adds newly arising violations, adjusts fine levels to enhance deterrence, and promotes uniform interpretation and enforcement among localities and authorities.
The draft decree amends Article 21 of Decree 38 to increase fines for violations related to fishing zones, holding both vessel owners and captains accountable, particularly for crossing boundaries without approval. It also amends Article 37.2, raising penalties for incorrect or missing registration numbers on fishing vessels, in alignment with EC recommendations ahead of its fifth inspection in Vietnam.
Another significant shortcoming of Decree 38 is the absence of sanctions against individuals or organizations engaged in collecting, purchasing, transporting, storing, preliminarily processing, or processing seafood derived from illegal fishing. This loophole has been exploited by certain actors to legalize documentation and trade in illegally caught seafood for processing and export.
To close this gap, the revised draft imposes strict penalties on those involved in handling seafood of illegal origin or species not listed among those permitted for trade in Vietnam, along with supplementary sanctions. These measures aim to prevent the circulation and processing of illegally sourced seafood, ensuring that all products traded and exported originate from lawful fishing, and to fulfill EC recommendations toward lifting the “yellow card.”
Combating IUU fishing is an urgent and strategic task essential to the sustainable development of Vietnam’s fisheries sector. The promulgation of the new decree will strengthen the effectiveness of state management, enhance the accountability of local authorities and enforcement agencies, and raise public awareness of compliance with fisheries law, particularly IUU regulations. Beyond the immediate goal of removing the “yellow card,” these efforts represent a long-term commitment to protecting and sustainably developing Vietnam’s marine resources.- (VLLF)
