Fishing Offenses & Infractions

Fisheries Law

Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?

  • Article 54

    Organizations and individuals engaged in commercial fishing outside the Vietnam’s maritime boundary shall:

    1. Be approved or licensed by the Ministry of Agriculture and Rural Development.
    2. Go through procedures for exit and entry in accordance with regulations of Vietnam law and laws of the countries or territories where they extract aquatic species.
    3. Comply with regulations of Vietnam law, regulations of international treaties to which the Socialist Republic of Vietnam is a signatory, laws of countries and territories where aquatic species are extracted and regulations issued by the RFMOs managing the waters where aquatic species are extracted.
    4. In case of accidents or dangers requiring assistance, crewmembers shall give emergency signals or and promptly contact the nearest competent authorities of the countries or territories; notify the nearest representative authorities of Vietnam in the countries or territories, fishery authorities of provinces or the Ministry of Agriculture and Rural Development.
    5. During the commercial fishing, the masters shall carry original copies or certified copies of relevant documents issued by Vietnamese competent authorities and relevant documents issued by the countries or territories when the commercial fishing vessels operate in the waters under their management.
    6. Cooperate with competent authorities in dealing with cases related to people and commercial fishing vessels used for fishing outside the territory of Vietnam.
    7. The shipowners and masters shall provide ship officers with guidance on rights and responsibilities related to commercial fishing outside the Vietnam’s maritime boundary;
    8. The shipowners shall buy insurance for crewmembers and cover all costs arising during the commercial fishing outside the Vietnam’s maritime boundary.
  • Article 60

    1. Illegal commercial fishing activities include: a) Commercial fishing without licenses; b) Commercial fishing in the areas where it is banned, commercial fishing in the period when it is banned; catching and transporting aquatic species banned from commercial fishing; catching aquatic species whose sizes are smaller than those prescribed by law; being engaged in banned fisheries or using banned fishing tackle; c) Illegally catch of endangered, precious and rare aquatic species; d) Illegal commercial fishing in the waters under management of RFMOs, other countries or territories; dd) Illegal commercial fishing exceeding the production of each aquatic species, failure to catch aquatic species in the areas and within the period specified in the licenses; e) Concealment, counterfeiting or destruction of evidence for violations of regulations related to catching and protection of aquatic resources; g) Stopping and resisting persons carrying out inspections and supervision of compliance with regulations on extracting and protecting aquatic resources; h) Transshipping or providing assistance for vessels determined to be involved in illegal commercial fishing, except for force majeure; i) Failure to have sufficient communication equipment and vehicle tracking devices or operate them in accordance with regulations of law; k) Failure to have certificates of eligibility for food safety as prescribed by law; l) Temporary importation, temporary exportation, merchanting trade and transit of aquatic species and aquatic products originating from illegal commercial fishing; m) Failure to keep fishing logbooks, failure to keep sufficient and proper logbooks, failure to submit fishing logbooks or reports in accordance with regulations of law; n) Use of stateless commercial fishing vessels or vessels obtaining nationality of non-member countries for illegal commercial fishing in the international waters under the management of RFMOs; o) Failure to use commercial fishing vessels in accordance with regulations on extracting and protecting aquatic resources in the international waters not under the management of RFMOs;
    2. Organizations and individuals violating regulations prescribed in Clause 1 of this Article, depending on extent of violations, shall face administrative penalties or criminal prosecution in accordance with regulations of law.
    3. The Minister of Agriculture and Rural Development shall provide guidelines for publishing the list of commercial fishing vessels engaged in illegal commercial fishing

In laws/regulations that use the term "serious offenses," what offenses fall into that category?

  • Article 60

    1. Illegal commercial fishing activities include: a) Commercial fishing without licenses; b) Commercial fishing in the areas where it is banned, commercial fishing in the period when it is banned; catching and transporting aquatic species banned from commercial fishing; catching aquatic species whose sizes are smaller than those prescribed by law; being engaged in banned fisheries or using banned fishing tackle; c) Illegally catch of endangered, precious and rare aquatic species; d) Illegal commercial fishing in the waters under management of RFMOs, other countries or territories; dd) Illegal commercial fishing exceeding the production of each aquatic species, failure to catch aquatic species in the areas and within the period specified in the licenses; e) Concealment, counterfeiting or destruction of evidence for violations of regulations related to catching and protection of aquatic resources; g) Stopping and resisting persons carrying out inspections and supervision of compliance with regulations on extracting and protecting aquatic resources; h) Transshipping or providing assistance for vessels determined to be involved in illegal commercial fishing, except for force majeure; i) Failure to have sufficient communication equipment and vehicle tracking devices or operate them in accordance with regulations of law; k) Failure to have certificates of eligibility for food safety as prescribed by law; l) Temporary importation, temporary exportation, merchanting trade and transit of aquatic species and aquatic products originating from illegal commercial fishing; m) Failure to keep fishing logbooks, failure to keep sufficient and proper logbooks, failure to submit fishing logbooks or reports in accordance with regulations of law; n) Use of stateless commercial fishing vessels or vessels obtaining nationality of non-member countries for illegal commercial fishing in the international waters under the management of RFMOs; o) Failure to use commercial fishing vessels in accordance with regulations on extracting and protecting aquatic resources in the international waters not under the management of RFMOs