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Penal liability examination for illegal fishing guided
The Judicial Council of the Supreme People’s Court on June 12 adopted a resolution providing guidelines for examination of penal liability for acts related to illegal exploitation, trading and transport of aquatic products.
A fishing wharf in Tien Giang province__Photo: VNA

The Judicial Council of the Supreme People’s Court on June 12 adopted a resolution providing guidelines for examination of penal liability for acts related to illegal exploitation, trading and transport of aquatic products.

Accordingly, subject to penal liability examination are acts of exit and entry for illegal fishing; acts against protection of aquatic resources; acts obstructing or disrupting the operation of computer or telecommunications networks in order to illegally exploit aquatic resources; and infringing acts in the field of aquatic product trading, which are prescribed in the Penal Code.

Worthy of note, violations related to illegal exploitation, trading and transportation of aquatic products may be examined for penal liability for 10 crimes prescribed in the Penal Code.

As for acts of exit for illegal fishing outside Vietnam’s waters, a vessel’s highest responsible officer will be examined for penal liability for violating regulations on exit under Article 347 of the Penal Code if he fails to carry out exit procedures for the fishing vessel, his crew and fishermen under regulations, or has completed exit procedures but later erased the vessel registration number or incorrectly stated the vessel registration number for illegal fishing outside Vietnam’s waters.

In addition, those who organize or broker other persons’ illegal exit from or entry into the country to bring fishing vessels or fishermen for illegally exploiting aquatic resources outside Vietnam’s waters may face penal liability examination under Article 348 of the Penal Code for the crime of organizing or brokering others’ illegal exit from or entry into the country. Such criminal acts include failing to complete exit or entry procedures in accordance with law; carrying out exit and entry procedures for the purpose of fishing not in the designated areas; and exploiting aquatic products with an expired fishing permit.

The Resolution is set to take effect on August 1.- (VLLF)

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