Fisheries Law
Does the law/regulation provide for transshipment?
Article 60
- 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
Article 83
- A foreign commercial fishing vessel may only enter the fishing port specified in the commercial fishing license or the fishing ports approved by the Ministry of Agriculture and Rural Development.
- At least 24 hours before entering a fishing port, the master of the commercial fishing vessel must notify the supervisory organization of the name, call sign, registration number, size and type of the vessel, the authority issuing the commercial fishing license, production and aquatic species on the vessel, estimated time of arrival and demand for assistance (if any).
- When entering a fishing port, the master of the commercial fishing vessel shall comply with regulations of the fishing port and the control of the supervisory organization; declare and present the following information and papers: a) Directory of ship officers and passports of crewmembers; b) The commercial fishing license within the Vietnam’s maritime boundary; c) Purposes of entering the fishing port; d) Time of the voyage; dd) Volume and components of aquatic species caught or under transshipment on board, applicable to commercial fishing vessels and vessels used for transporting aquatic species; e) Position and fishing areas, production of onboard aquatic species applicable to commercial fishing vessels.
- The master who presents commercial fishing documents confirmed by foreign competent authorities is not required to declare the information mentioned in Points d, dd and e Clause 3 of this Article.
- The master and crewmembers of a commercial fishing vessel shall go through procedures for exit and entry, customs and quarantine procedures in accordance with regulations of law.
- The master shall notify the supervisory organization at least 12 hour before the commercial fishing vessel leaves the fishing port.
- For vessels entering a fishing port in force majeure cases, immediate after docking, the master or helmsman shall: a) Notify the supervisory organization of the status of the vessel and quantity of people aboard; prove the force majeure and specify the request for help; d) Comply with regulations prescribed in Clause 5 of this Article.
- Shipowners and masters shall facilitate and comply with inspection and control and regulations of law on extracting and protecting aquatic resources, food safety, environmental safety and fire safety; ensure safety of people aboard and vessels.
- Shipowners and master shall pay costs as prescribed by law.