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THE
GOVERNMENT OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
38/2024/ND-CP
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Hanoi,
April 05, 2024
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON FISHERIES
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law on amendments to the Law
on Government Organization and the Law on Organization of Local Governments
dated November 22, 2019;
Pursuant to the Law on Handling
of Administrative Violations dated June 20, 2012, and the Law on amendments to
the Law on Handling of Administrative Violations dated November 13, 2020;
Pursuant to the Law on Fisheries
dated November 21, 2017;
At the request of the Minister
of Agriculture and Rural Development of Vietnam;
The Government of Vietnam
promulgates a Decree prescribing penalties for administrative violations
against regulations on fisheries.
Chapter I
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Article 1.
Scope
1. This Decree deals with
violations, penalties, fines, remedial measures against administrative
violations, the power to impose administrative penalties and the power to make
records of administrative violations against regulations on fisheries.
2. Other administrative violations
against regulations on fisheries which are not prescribed in this Decree shall
be governed by other relevant regulations of laws on penalties for
administrative violations within the scope of state management.
Article 2.
Entities incurring administrative penalties
1. Vietnamese and foreign
organizations and individuals (hereinafter referred to as “entities”) that
commit administrative violations specified in this Decree.
2. Organizations that are liable to
administrative penalties as prescribed in this Decree include:
a) Economic organizations that are duly
established under the Law on Enterprises and/or the Law on Investment,
including: Private enterprises, joint-stock companies, limited liability
companies, partnerships and organizations that are established under the laws
of foreign countries and engaging in business in Vietnam;
b) Economic organizations that are
duly established under the Law on Co-operatives, including: Co-operatives and
cooperative unions;
c) Socio-political organizations,
social organizations, and socio-professional organizations;
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3. Household businesses that are
required to register their business as prescribed by law, business families,
and fishing-vessel owners shall incur the same penalties as those incurred by
individuals for committing the administrative violations specified in this
Decree.
Article 3.
Prescriptive periods
The prescriptive period for
imposition of penalties for a violation in fisheries sector is 02 years.
Article 4.
Penalties and remedial measures
1. Fine shall be the primary
penalty imposed for an administrative violation in fisheries sector.
2. Additional penalties that may be
imposed for violations in fisheries sector include:
a) Suspension of the violating
entity’s license, practicing certificate or operations for a fixed period;
b) Confiscation of exhibits and
instrumentalities for committing administrative violations.
3. In addition to the remedial
measures stated in Points a, b, d, dd, e and g Clause 1 Article 28 of the Law
on Penalties for Administrative Violations, the remedial measures specified in
this Decree shall also be imposed, including:
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b) Enforced transfer of the fish
that is included in Group I of the List of endangered, rare and precious
aquatic species and has died to competent authorities;
c) Enforced additional release of
aquatic species as prescribed;
d) Enforced repurposing, or, if
repurposing conditions are not met, destruction of aquatic species, aquatic
breeds, aquaculture feeds or aqua environmental remediation products;
dd) Fishing vessel owners are
compelled to cover costs for bringing their fishermen seized by foreign
competent authorities into Vietnam;
e) Enforced return of
certifications, confirmations, licenses, written approvals or certificates
which have been erased, falsified or altered;
g) Enforced capture and destruction
of live fish species released or escaped into natural environment, or products
of illegal breeding of live fish species;
h) Enforced recall of aquaculture
feeds and aqua environmental remediation products;
i) Enforced invalidation of survey
results;
k) Enforced relocation or
demolition of aquaculture works;
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m) Enforced repurposing or breaking
up of fishing vessels;
n) Enforced flying of the national
flag of the Socialist Republic of Vietnam or nationality flags as prescribed;
o) Foreign fishing vessels (except
container ships) that carry fishery products from illegal, unreported and
unregulated fishing for import, temporary import into or transit through
Vietnam are compelled to leave the territory of Vietnam;
p) Enforced return of encroached
areas;
q) Enforced re-export, or, if
re-export conditions are not met, destruction of imported aquaculture feeds and
aqua environmental remediation products.
4. Recidivism or repeated violation
in fisheries sector shall be taken into account as an aggravating factor when
considering imposing penalties for that violation, unless such recidivism or
repeated violation is considered as an administrative violation prescribed in
this Decree.
Article 5.
Fines and power to impose fines and other penalties for administrative
violations
1. The maximum fine for a violation
against regulations on fisheries committed by an individual is VND
1.000.000.000.
2. The fines prescribed in Chapter
II of this Decree are imposed for administrative violations committed by
individuals. The fine imposed on an organization is twice as much as the one
imposed on an individual for committing the same administrative violation.
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4. Imposition of penalties for the
administrative violations in points c and dd clause 1, point c clause 2, point
b clause 3 Article 20 of this Decree shall be subject to the following
provisions:
a) If the owner of a fishing vessel
is not its master, each of the violating entities will incur
the corresponding penalties and remedial measures for that administrative
violation, based on their role;
b) If the owner of a fishing vessel
is also its master, the primary penalty shall only be imposed upon the master,
and all additional penalties and remedial measures shall be imposed for that
administrative violation.
5. Depending on its nature,
severity and consequences, penalties for an administrative violation which is
transferred from another authority as prescribed in clause 1 Article 63 of the
Law on Penalties for Administrative Violation shall be imposed as prescribed in
this Decree.
In case the exhibits of violations
are aquatic species included in the List of endangered, rare and precious
species that need prioritized protection, they shall be treated as species
included in Group I of the List of endangered, rare and precious aquatic
species.
6. Penalties for violations against
regulations on commercial fishing of aquatic species in Appendices I, II and
III of the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES), if not liable to criminal prosecution, shall be
imposed as follows:
a) Penalties for violations
involving aquatic species in CITES Appendix I shall be same as those of
violations involving aquatic species in Group I of the List of endangered, rare
and precious aquatic species;
b) Penalties for violations
involving aquatic species in CITES Appendix II or III shall be same as those of
violations involving aquatic species in Group II of the List of endangered,
rare and precious aquatic species.
7. Monetary value of aquatic
species in CITES Appendix I or aquatic species, products and parts thereof in
CITES Appendix II or III involved in administrative violations must be
determined as the basis for criminal prosecution or imposition of administrative
penalties.
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8. Territorial waters in which
commercial fishing is permitted are those which are dedicated to
Vietnamese-flagged fishing vessels, and shown on vessel monitoring system and
vessel tracking unit (VTU) installed on fishing vessels.
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL
MEASURES
Section 1.
VIOLATIONS AGAINST REGULATIONS ON AQUATIC RESOURCE PROTECTION
Article 6.
Violations against regulations on protection of aquatic habitats
1. The following fines shall be
imposed for violations against regulations on protection of aquatic habitats,
if not liable to criminal prosecution:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for using fishing nets, tools,
equipment and other instruments to impede movement pathways of aquatic species
when carrying out fishing operations by using fixed fishing gears in rivers,
lakes and lagoons, or to impede natural migration pathways of aquatic species;
b) A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for using fishing nets, tools,
equipment and other instruments to destroy aquatic resources, aquatic
ecosystems, breeding grounds, or areas where juvenile fish lives, or to destroy
the habitats of aquatic species in the List of endangered, rare and precious
aquatic species or the list of endangered, rare and precious species that need
prioritized protection;
c) A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for encroaching, appropriating
or harming protected areas of aquatic resources;
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2. Additional penalties:
Exhibits and instrumentalities for
committing the violations specified in Clause 1 of this Article shall be
confiscated.
3. Remedial measures:
Enforced restoration to the
original condition which has been changed by any of the administrative
violations prescribed in Clause 1 of this Article.
Article 7.
Violations against regulations on commercial fishing in no-take zones
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to use fishing vessels
or using fishing vessels of less than 06 m in overall length for carrying out
commercial fishing in no-take zones or areas where the commercial fishing is
banned for a fixed period, if not liable to criminal prosecution.
2. The following fines shall be
imposed for carrying out commercial fishing in no-take zones or areas where the
commercial fishing is banned for a fixed period, if not liable to criminal
prosecution:
a) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving fishing
vessels of 06 m, or more, but less than 12 m in overall length;
b) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving
fishing vessels of 12 m, or more, but less than 15 m in overall length;
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d) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
3. The following fines shall be
imposed for using fishing vessels used in trawls, or light-combined fishing
occupations and gears (except squid hand-lining) for carrying out commercial
fishing in no-take zones or areas where the commercial fishing is banned for a
fixed period, if not liable to criminal prosecution:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation involving
fishing vessels of less than 06 m in overall length;
b) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving
fishing vessels of 06 m, or more, but less than 12 m in overall length;
c) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for the violation involving
fishing vessels of 12 m, or more, but less than 15 m in overall length;
d) A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
dd) A fine ranging from VND
70.000.000 to VND 90.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
4. The following fines shall be
imposed for catching undersized fish or exceeding the allowable by catch limit
by more than 15%:
a) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed if the exceeding amount of
catches is less than 30 kg;
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c) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed if the exceeding amount of
catches is from 100 kg to less than 200 kg;
d) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed if the exceeding amount of
catches is 200 kg or more.
5. Additional penalties:
Fish and fishing gears shall be
confiscated in case of commission of any of the violations in clauses 1, 2, 3
and 4 of this Article.
6. Remedial measures:
a) Enforced release of the fish
that is still alive into their habitats in case of commission of any of the
violations specified in Clauses 1, 2, 3 and 4 of this Article.
Article 8.
Violations against regulations on management of endangered, rare and precious
aquatic species
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failure to strictly comply
with the written approval or plan for catching of endangered, rare and precious
aquatic species or aquatic species in CITES Appendices.
2. The following fines shall be
imposed for illegal fishing of aquatic species in Group II of the List of
endangered, rare and precious aquatic species or aquatic species in CITES
Appendix II, if not liable to criminal prosecution:
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b) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving a
total catch of from 05 kg to less than 10 kg;
c) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving a
total catch of from 10 kg to less than 20 kg;
d) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving a
total catch of from 20 kg to less than 30 kg;
dd) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for the violation involving a
total catch of from 30 kg to less than 40 kg;
e) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for the violation involving a
total catch of from 40 kg to less than 50 kg;
g) A fine ranging from VND
70.000.000 to VND 80.000.000 shall be imposed for the violation involving a
total catch of from 50 kg to less than 60 kg;
h) A fine ranging from VND
80.000.000 to VND 90.000.000 shall be imposed for the violation involving a
total catch of from 60 kg to less than 70 kg;
i) A fine ranging from VND
90.000.000 to VND 100.000.000 shall be imposed for the violation involving a total
catch of from 70 kg to less than 80 kg;
k) A fine ranging from VND
100.000.000 to VND 120.000.000 shall be imposed for the violation involving a
total catch of from 80 kg to less than 100 kg;
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3. The following fines shall be
imposed for illegal fishing of aquatic species in Group I of the List of
endangered, rare and precious aquatic species or aquatic species in CITES
Appendix I, if not liable to criminal prosecution:
a) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving a
total catch of less than 05 kg;
b) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving a
total catch of from 05 kg to less than 10 kg;
c) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving a
total catch of from 10 kg to less than 20 kg;
d) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for the violation involving a
total catch of from 20 kg to less than 30 kg;
dd) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for the violation involving a
total catch of from 30 kg to less than 40 kg;
e) A fine ranging from VND
70.000.000 to VND 80.000.000 shall be imposed for the violation involving a
total catch of from 40 kg to less than 50 kg;
g) A fine ranging from VND
80.000.000 to VND 90.000.000 shall be imposed for the violation involving a
total catch of from 50 kg to less than 60 kg;
h) A fine ranging from VND
90.000.000 to VND 100.000.000 shall be imposed for the violation involving a
total catch of from 60 kg to less than 70 kg;
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k) A fine ranging from VND
120.000.000 to VND 150.000.000 shall be imposed for the violation involving a
total catch of from 80 kg to less than 100 kg;
l) A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for the violation involving a
total catch of 100 kg or more.
4. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for failure to adequately
release the required quantity of produced aquatic breeds of endangered, rare
and precious species into natural waters within the prescribed time limit when
obtaining permission from a competent authority to catch endangered, rare and
precious aquatic species for the purposes of research, creation and production
of aquatic breeds.
5. Additional penalties:
a) The master's license or
certificate of competence to operate fishing vessels shall be suspended for 03
- 06 months in case of commission of the violation specified in Point b Clause
2 or Clause 3 of this Article;
b) Catches shall be confiscated in
case of commission of the violation specified in Clause 2 or Clause 3 of this
Article.
6. Remedial measures:
a) Enforced release of the fish
that is still alive into their habitats in case of commission of violation
specified in Clause 2 or Clause 3 of this Article;
b) Enforced additional release of
aquatic species as prescribed in case of commission of the violation specified
in Clause 4 of this Article.
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1. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for commission of one of the
following violations within the buffer zones of MPAs:
a) Placing buoys against regulations;
b) Carrying out investigations or
scientific research without obtaining approval from a competent authority;
c) Operating waterway vehicles
against regulations;
d) Organizing tourism activities or
providing other services against regulations;
dd) Executing works without
permission or against regulations;
e) Carrying out aquaculture or
commercial fishing against regulations.
2. A fine ranging from VND
70.000.000 to VND 100.000.000 shall be imposed for commission of one of the
violations specified in Clause 1 of this Article within service-administrative
sub-zones of MPAs.
3. A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for commission of one of the
following violations within ecological restoration sub-zones of MPAs:
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b) Performing any prohibited acts
in ecological restoration sub-zones.
4. A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for commission of one of the
following violations within strictly protected sub-zones:
a) Committing the violation
specified in Point a or b Clause 1 of this Article;
b) Performing any prohibited acts
in strictly protected sub-zones.
5. Remedial measures:
a) Enforced demolition of construction
works which have been executed against regulations in case of commission of any
of the violations in Point dd Clause 1, Clause 2 and Point a Clause 3 of this
Article;
b) Enforced release of the fish
that is still alive into their habitats if carrying out commercial fishing
within MPAs against regulations as prescribed in Point e Clause 1, Clause 2 or
Point a Clause 3 of this Article;
c) Enforced transfer of the fish
that is included in Group I of the List of endangered, rare and precious aquatic
species and has died to competent authorities if carrying out commercial
fishing within MPAs against regulations as prescribed in Point e Clause 1,
Clause 2 or Point a Clause 3 of this Article.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON AQUATIC BREEDS
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1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to update information,
or updating incorrect information, on production and raising of aquatic breeds
as prescribed;
b) Failing to submit written
notification of use of parent aquatic breeds to the relevant provincial fishery
authority as prescribed;
c) Failing to fully record or keep
records of production and raising of aquatic breeds for origin tracing purpose.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to comply with
regulations on time limits for use of parent aquatic breeds;
b) Failing to maintain the
satisfaction of eligibility requirements for production and raising of aquatic
breeds when carrying out production and raising of aquatic breeds (other than
parent aquatic breeds);
c) Carrying out production and
raising of aquatic breeds (other than parent aquatic breeds) against the
Certificate of eligibility to carry out production and raising of aquatic
breeds.
3. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
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b) Failing to maintain the
satisfaction of eligibility requirements for production and raising of aquatic
breeds when carrying out production and raising of parent aquatic breeds;
c) Carrying out production and
raising of aquatic breeds (other than parent aquatic breeds) without obtain a
Certificate of eligibility to carry out production and raising of aquatic
breeds as prescribed;
d) Performing testing activities
without satisfying eligibility requirements as prescribed.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for production and raising of
parent aquatic breeds (of species other than the key aquatic species) without
obtaining a Certificate of eligibility to carry out production and raising of
aquatic breeds as prescribed.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for production and raising of
parent aquatic breeds (of the key aquatic species) without obtaining a
Certificate of eligibility to carry out production and raising of aquatic
breeds as prescribed.
6. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for carrying out production and raising of
aquatic species that are not included in the List of aquatic species licensed
for sale in Vietnam, or that are not yet recognized or granted permission by a
competent authority, if not liable to criminal prosecution.
7. Additional penalties:
a) The production and raising of
parent aquatic breeds shall be suspended for a fixed period of 01 – 03 months
in case of commission of the violation in Point c Clause 2 or Point b Clause 3
of this Article;
b) Aquatic breed testing shall be
suspended for a fixed period of 03 – 06 months in case of commission of the
violation in Point d Clause 3 of this Article.
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Enforced repurposing, or, if
repurposing conditions are not met, destruction of aquatic breeds in case of
commission of any of the violations in Clauses 2, 3, 4, 5 and 6 of this
Article.
Article 11.
Violations against regulations on import and export of aquatic breeds
1. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for failing to meet exporting
conditions when exporting aquatic breeds of the species included in the List of
aquatic species subject to conditional export, unless permitted by competent
authorities.
2. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for importing aquatic breeds of the species
that are not included in the List of aquatic species licensed for sale in
Vietnam, if not liable to criminal prosecution, unless permitted by competent
authorities.
3. Remedial measures:
a) Enforced release of aquatic
breeds that are still alive into their habitats or enforced repurposing or, if
repurposing conditions are not met, destruction of aquatic breeds in case of
commission of the violation in Clause 1 of this Article;
b) Enforced re-export, or, if
re-export conditions are not met, destruction of aquatic breeds in case of
commission of the violation specified in Clause 2 of this Article.
Article 12.
Violations against regulations on naming of aquatic breeds
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for naming aquatic breeds against
regulations.
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Enforced removal of violating
elements from labels, packages, means of trading or articles showing names of
aquatic breeds in case of commission of the violation in Clause 1 of this
Article.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON AQUACULTURE FEEDS AND AQUA ENVIRONMENTAL
REMEDIATION PRODUCTS
Article 13.
Violations against regulations on information on aquaculture feeds and aqua
environmental remediation products; storage, transport and introduction of
imported aquaculture feeds and aqua environmental remediation products at trade
fairs or exhibitions
1. The following fines shall be
imposed for updating incorrect or inadequate information on aquaculture feeds
or aqua environmental remediation products before they are sold on the market:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving less
than 03 products;
b) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving from
03 to under 05 products;
c) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving from
05 to under 10 products;
d) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving 10
products or more.
2. The following fines shall be
imposed for failing to update information on aquaculture feeds or aqua
environmental remediation products before they are sold on the market:
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b) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving from
03 to under 05 products;
c) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving from
05 to under 10 products;
d) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving 10
products or more.
3. The following fines shall be
imposed for failing to hold a license when storing, transporting or introducing
imported aquaculture feeds or aqua environmental remediation products whose
ingredients are not included in the List of chemicals, biologicals,
microorganisms and ingredients contained in aquaculture feeds permitted for use
in Vietnam:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving less
than 03 products;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving from
03 to under 05 products;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving from
05 to under 10 products;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving 10
products or more.
4. Remedial measures:
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b) Enforced repurposing, or, if
repurposing conditions are not met, destruction of aquaculture feeds and aqua
environmental remediation products in case of commission of the violation in
Clause 3 of this Article.
Article 14.
Violations against requirements to be satisfied by establishments
manufacturing, trading and importing aquaculture feeds and aqua environmental
remediation products
1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed upon an importing and trading
establishment for commission of one of the following violations:
a) Selling or storing aquaculture
feeds and aqua environmental remediation products at places which are not
separated from or are polluted with pesticides, fertilizers and/ or other
hazardous chemicals;
b) Failing to use appropriate
equipment and devices for storing aquaculture feeds and aqua environmental
remediation products according to instructions given by their manufacturers or
suppliers.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for failing to maintain the
satisfaction of eligibility requirements for manufacturing of aquaculture
breeds and aqua environmental remediation products as prescribed.
3. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for manufacturing aquaculture
feeds and aqua environmental remediation products without obtaining a
Certificate of eligibility as prescribed.
4. Additional penalties:
Manufacturing of aquaculture feeds
and aqua environmental remediation products shall be suspended for a fixed
period of 01 – 03 months in case of commission of the violation in Clause 2 of
this Article.
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Enforced repurposing, or, if
repurposing conditions are not met, destruction of aquaculture feeds or aqua
environmental remediation products in case of commission of the violation in
Clause 2 or 3 of this Article.
Article 15.
Violations against regulations on manufacturing, import and trading of
aquaculture feeds and aqua environmental remediation products
1. The following fines shall be
imposed for failing to record or keep records of manufacturing activities
according to quality control and biosafety procedures:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving less
than 05 products;
b) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving from 05
to under 10 products;
c) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for the violation involving from
10 to under 15 products;
d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving 15
products or more.
2. The following fines shall be
imposed for failing to submit reports on or notification of manufacturing and
import activities as prescribed:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to submit reports on
manufacturing and import activities as prescribed;
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3. The following fines shall be
imposed for using raw materials of unknown origin for manufacturing of aquaculture
feeds or aqua environmental remediation products:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving less
than 03 products;
b) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving from
03 to under 05 products;
c) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving from
05 to under 10 products;
d) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving 10
products or more.
4. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for manufacturing, trading or
importing each aquaculture feed product or aqua environmental remediation
product whose ingredients are not included in the List of chemicals,
biologicals, microorganisms and ingredients contained in aquaculture feeds
permitted for use in Vietnam without holding a license as prescribed, if not
liable to criminal prosecution.
5. The following fines shall be
imposed for manufacturing, trading or importing each aquaculture feed product
or aqua environmental remediation product whose ingredients are included in the
List of chemicals, biologicals and microorganisms prohibited for use, if not
liable to criminal prosecution:
a) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for trading;
b) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for manufacturing or importing.
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Manufacturing and trading of
aquaculture feeds and aqua environmental remediation products shall be
suspended for a fixed period of 01 – 03 months in case of commission of any of
the violations in Point d Clause 3, Clause 4 and Clause 5 of this Article.
7. Remedial measures:
a) Enforced destruction of
aquaculture feeds and aqua environmental remediation products in case of
commission of the manufacturing or trading-related violation in Clause 3, 4 or
5 of this Article;
b) Enforced re-export, or, if
re-export conditions are not met, destruction of aquaculture feeds and aqua
environmental remediation products in case of commission of the import-related
violation in Clause 4 or Point b Clause 5 of this Article.
Article 16.
Violations against regulations on testing for aquaculture feeds and aqua
environmental remediation products
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for announcing incorrect testing
results.
2. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for performing testing activities
without satisfying eligibility requirements to do so.
3. Additional penalties:
Testing activities shall be
suspended for a fixed period of 03 – 06 months in case of commission of the
violation in Clause 2 of this Article.
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a) Enforced correction of announced
testing results in case of commission of the violation specified in Clause 1 of
this Article.
b) Enforced invalidation of testing
results in case of commission of the violation in Clause 2 of this Article.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON AQUACULTURE
Article 17.
Violations against eligibility requirements for aquaculture
1. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to record or keep
records of aquatic breeds, aquaculture feeds, aqua environmental remediation
products and aquatic veterinary drugs used in aquaculture, and other documents
on farming process to facilitate origin tracing;
b) Failing to record or keep
records of hatchery-origin endangered, rare and precious aquatic species, and
other documents on the farming of these aquatic species to facilitate origin
tracing;
c) Failing to follow procedures for
registration of cage culture;
d) Performing aquaculture
activities at a location other than the registered one.
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a) Engaging in aquaculture without
satisfying material facilities or technical equipment requirements;
b) Failing to follow procedures for
registration of key aquatic species.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for carrying out marine
aquaculture without obtaining permission from competent authorities as prescribed.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for breeding, farming or
cultivating each of the aquatic species that are not included in the List of
aquatic species licensed for sale in Vietnam, if not liable to criminal
prosecution.
5. Remedial measures:
a) Enforced relocation or
demolition of aquaculture structures in case of commission of the violation in
Clause 3 of this Article;
b) Enforced repurposing, or, if
repurposing conditions are not met, destruction of aquatic species in case of
commission of the violation in Clause 4 of this Article.
Article 18.
Violations against regulations on import and export of live fish
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
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b) Importing live fish for human
consumption to serve other purposes or without complying with the validity
period of the granted license;
c) Importing live fish for human
consumption from an exporter or exporting country or through the port of import
other than those specified in the granted license;
d) Keeping or storing live fish
imported for human consumption at a location other than the licensed one;
dd) Using devices and equipment for
keeping or storing live fish imported for human consumption against the control
plan;
e) Failing to implement risk
management measures set out in the plan for control of life fish or the
treatment plan approved by a competent authority after importing live fish for
ornamental or entertainment purpose, or display at trade fairs or exhibitions,
or scientific research.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for making escape of each species
of live fish imported for human consumption into the natural environment, or
spreading, releasing or illegally breeding live fish imported for human
consumption, ornamental or entertainment purpose, or display at trade fairs or
exhibitions, or scientific research.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for importing live fish of
species that are not included in the List of aquatic species licensed for sale
in Vietnam for human consumption, ornamental or entertainment purpose, or
display at trade fairs or exhibitions, or scientific research, without
obtaining a license from a competent authority as prescribed.
4. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for exporting live fish of
species that are included in the List of aquatic species banned from export or
failing to meet exporting conditions when exporting live fish of species that
are included in the List of aquatic species subject to conditional export,
unless licensed by competent authorities.
5. Additional penalties:
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6. Remedial measures:
a) Enforced re-export, or, if
re-export conditions are not met, destruction of live fish shipments in case of
commission of the violation in Point b or c Clause 1 of this Article;
b) Enforced re-export, or, if
re-export conditions are not met, destruction of live fish shipments imported
for human consumption in case of commission of the violation in Clause 4 of
this Article;
c) Enforced capture and destruction
of live fish species released or escaped into natural environment, or products
of illegal breeding of live fish species in case of commission of the violation
in Clause 2 of this Article.
Article 19.
Violations against regulations on rearing, breeding and artificial propagation
of endangered, rare and precious aquatic species or aquatic species included in
CITES Appendices on endangered, rare and precious aquatic species
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to record, or recording
inadequate or incorrect information on logbooks of rearing, breeding and
artificial propagation of aquatic species included in CITES Appendices;
b) Failing to record, or recording
inadequate or incorrect information on logbooks of rearing, breeding and
artificial propagation of endangered, rare and precious aquatic species
to facilitate origin certification.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for commission of one of the
following violations:
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b) Failing to obtain a certificate
of eligibility to carry out rearing, breeding and artificial propagation of
endangered, rare and precious aquatic species as prescribed.
3. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for rearing, breeding and
artificial propagation of each endangered, rare and precious aquatic species of
unknown origin.
4. Additional penalties:
a) Aquatic species of unknown
origin shall be confiscated in case of commission of the violation specified in
Clause 3 of this Article;
b) Rearing, breeding and artificial
propagation of endangered, rare and precious aquatic species shall be suspended
for a fixed period of 01 - 03 months in case of commission of the violation in
Point b Clause 2 or Clause 3 of this Article.
Section 5.
VIOLATIONS AGAINST REGULATIONS ON COMMERCIAL FISHING
Article 20.
Serious violations against regulations on commercial fishing
1. A fine ranging from VND 300.000.000
to VND 500.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to obtain a fishing
license or using an expired one when using fishing vessels of 15 m, or more,
but less than 24 m in overall length for carrying out commercial fishing within
territorial waters;
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c) Failing to maintain the
transmission of information from VTU to the vessel monitoring system as
prescribed, or knowingly disabling VTU, or failing to install a VTU on a
fishing vessel of 24 m, or more, in overall length during its operation;
d) Failing to have or fill in
logbooks of commercial fishing, purchase or transshipment of fish of fishing
vessels of 24 m, or more, in overall length in case of recidivism or repeated
violation;
dd) Failing to maintain the
transmission of information from VTU to the vessel monitoring system as
prescribed, or knowingly disabling VTU, or failing to install a VTU on a
fishing vessel of 15 m, or more, but less than 24 m in overall length during
its operation in case of recidivism or repeated violation.
2. A fine ranging from VND
500.000.000 to VND 700.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to obtain a fishing
license or using an expired one when using fishing vessels of 15 m, or more,
but less than 24 m in overall length for carrying out commercial fishing within
territorial waters in case of recidivism or repeated violation;
b) Using fishing vessels of 24 m,
or more, in overall length for transshipment of fish and fishery products from
a fishing vessel that is operated without a fishing license or with an expired
one, or for facilitating exploration, search for, trapping or transport of fish
of a fishing vessel that is found to have carried out illegal fishing in case
of recidivism or repeated violation;
c) Failing to maintain the
transmission of information from VTU to the vessel monitoring system as
prescribed, or knowingly disabling VTU, or failing to install a VTU on a
fishing vessel of 24 m, or more, in overall length during its operation in case
of recidivism or repeated violation;
d) Hiding, fabricating or
destroying evidence of violations against regulations on commercial fishing and
protection of aquatic resources;
dd) Failing to fill in fishing
logbook, or filling in fishing logbook or submitting reports against
regulations adopted by the Regional fisheries management organization when
carrying out commercial fishing within the waters under the this organization's
jurisdiction;
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3. A fine ranging from VND
800.000.000 to VND 1.000.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to obtain a fishing
license or using an expired one when using fishing vessels of 24 m, or more, in
overall length for carrying out commercial fishing within territorial waters.
b) Failing to obtain a fishing
license or written approval or using an expired one when carrying out
commercial fishing in territorial waters under the jurisdiction of another
State or territory or under the jurisdiction of a Regional fisheries management
organization;
c) Failing to obtain a fishing
license or using an expired one when operating foreign fishing vessels in
territorial waters of Vietnam;
d) Carrying out unauthorized
fishing in territorial waters under the jurisdiction of a Regional fisheries
management organization using vessels without nationality or those flying the
flag of a State that is not a member of this organization;
dd) Using fishing vessels for
carrying out commercial fishing against regulations on fishing and protection
of aquatic resources in international waters beyond the jurisdiction of
Regional fisheries management organizations;
e) Carrying out commercial fishing
against regulations within territorial waters under the jurisdiction of a
Regional fisheries management organization;
g) Hiding, fabricating or
destroying evidence of violations against regulations on commercial fishing and
protection of aquatic resources in case of recidivism;
h) Carrying out fishing operations
in excess of total allowable catch approved by a Regional fisheries management
organization in case of recidivism.
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a) Catches shall be confiscated in
case of commission of any of the violations in Points a, b and dd Clause 1,
Points a, b, c and e Clause 2, Points a, b, c, d, dd, e and h Clause 3 of this
Article;
b) Fishing vessels shall be
confiscated in case of commission of the violation in Points b, c, d, dd or e
Clause 3 of this Article;
c) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 06 - 12 months in case of commission of any of the violations
specified in Clauses 1, 2 and 3 of this Article;
h) The fishing license shall be
suspended for a fixed period of 06 - 12 months in case of commission of the
violation in Point e Clauses 2, or Point dd, e or h Clause 3 of this Article.
5. Remedial measures:
Fishing vessel owners are compelled
to cover costs for bringing Vietnamese citizens who are seized by foreign
competent authorities into Vietnam in case of commission of the violation in
Point b Clause 3 of this Article.
Article 21.
Violations against regulations on fishing zones
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for using fishing vessels of less
than 12 m in overall length for carrying out commercial fishing in coastal
zones or inshore zones of another province or central-affiliated city, unless
an agreement has been entered into by the People's Committees of two provinces
or central-affiliated cities.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for using fishing vessels of less
than 12 m in overall length for carrying out commercial fishing in inshore or
offshore zones.
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4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for using fishing vessels of 15
m, or more, but less than 24 m in overall length for carrying out commercial
fishing in coastal or inshore zones.
5. A fine ranging from VND 30.000.000
to VND 40.000.000 shall be imposed for using fishing vessels of 24 m, or more,
in overall length for carrying out commercial fishing in coastal or inshore
zones.
6. The fines that are twice as much
as those prescribed in Clauses 2 through 5 of this Article shall be imposed for
using fishing vessels used in trawls, light-combined fishing occupations and
gears (except squid hand-lining) for carrying out commercial fishing in coastal
zones.
7. The following fines shall be
imposed for operating fishing vessels crossing boundaries of zones permitted
for fishing at sea without obtaining a written approval (except force majeure
events):
a) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for the violation involving
fishing vessels of less than 12 m in overall length;
b) A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for the violation involving
fishing vessels of 12 m, or more, but less than 15 m in overall length;
c) A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
d) A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
8. Additional penalties:
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b) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 03 - 06 months in case of commission of any of the violations
in Clauses 2, 3, 4, 5 and 6 of this Article.
c) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 06 - 12 months in case of commission of the violation in Clause
7 of this Article.
Article 22.
Violations against regulations on fishing quotas
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for carrying out commercial
fishing in excess of the granted fishing quota by 10% to under 20%.
2. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for carrying out commercial
fishing in excess of the granted fishing quota by 20% to 30%.
3. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for carrying out commercial
fishing in excess of the granted fishing quota by more than 30%.
4. Additional penalties:
a) The exceeding amount of catches
shall be confiscated in case of commission of the violation in Clause 1, Clause
2 or Clause 3 of this Article.
b) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 06 - 12 months in case of commission of the violation in Clause
2 or Clause 3 of this Article.
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1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to carry the original or
certified true copy of the fishing license when operating fishing vessels for
commercial fishing;
b) Using fishing vessels of 06 m,
or more, but less than 12 m in overall length for carrying out a fishing
occupation other than the one specified in the fishing license;
c) Failing to obtain a fishing
license or using an expired one when using fishing vessels of 06 m, or more,
but less than 12 m in overall length for carrying out commercial fishing in
inland waters.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to obtain a fishing
license or using an expired one when using fishing vessels of 06 m, or more,
but less than 12 m in overall length for carrying out commercial fishing in the
territorial waters of Vietnam;
b) Using fishing vessels of 12 m,
or more, but less than 15 m in overall length for carrying out a fishing
occupation other than the one specified in the fishing license;
c) Failing to obtain a fishing
license or using an expired one when using fishing vessels of 15 m, or more, in
overall length for carrying out commercial fishing in inland waters.
3. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
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b) Using fishing vessels of 15 m,
or more, in overall length for carrying out a fishing occupation other than the
one specified in the fishing license.
4. A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed for the violation in Clause 3 of
this Article in case of recidivism or repeated violation.
5. Additional penalties:
a) Catches shall be confiscated in
case of commission of any of the violations in Point c Clause 1, Clauses 2, 3
and 4 of this Article;
b) Fishing gears shall be
confiscated in case of commission of any of the violations in Point b Clause 2,
Clause 3 and Clause 4 of this Article;
c) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 06 - 12 months in case of commission of any of the violations in
Point c Clause 1, Clauses 2, 3 and 4 of this Article.
Article 24.
Violations against regulations on transshipment or facilitation of illegal
fishing
1. The following fines shall be
imposed for exploration, search for, or trapping of aquatic resources for a
fishing vessel which is found to carry out commercial fishing in no-take zones,
or within the period during which it is banned from fishing, or to catch
undersized fish, or to use banned fishing occupations and gears:
a) A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for the violation involving fishing vessels
of less than 12 m in overall length or other waterway vehicles;
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c) A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length.
2. The following fines shall be
imposed for exploration, search for, trapping, transshipment or transport of
the fish of a fishing vessel which is operated without a fishing license or
with an expired one, or without a VTU installed during its operation, or
without maintaining the transmission of information from its VTU to the vessel
monitoring system, or on which the VTU is disabled during its operation:
a) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for the violation involving
fishing vessels of less than 12 m in overall length or other waterway vehicles;
b) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for the violation involving
fishing vessels of 12 m, or more, but less than 15 m in overall length;
c) A fine ranging from VND
70.000.000 to VND 80.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length.
3. The following fines shall be
imposed for carrying out transshipment or transport of aquatic resources from
fishing vessels that are used for carrying out illegal fishing beyond the
territorial waters of Vietnam:
a) A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for the violation involving
fishing vessels of less than 12 m in overall length or other waterway vehicles;
b) A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for the violation involving
fishing vessels of 12 m, or more, but less than 15 m in overall length;
c) A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length.
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a) Catches from illegal fishing
shall be confiscated in case of commission of any of the violations in Clauses
1, 2 and 3 of this Article;
b) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 03 - 06 months in case of commission of any of the violations
in Clauses 1, 2 and 3 of this Article.
Article 25.
Violations against regulations on logbooks and reports on fishing operations,
purchase and transshipment
1. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to submit reports on
fishing operations conducted by a fishing vessel of 06 m, or more, but less
than 12 m in overall length;
b) Recording incorrect or
inadequate information in logbooks of fishing, purchase or transshipment
operations carried out by a fishing vessel of 12 m, or more, but less than 15 m
in overall length.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to have, or fill in, or
submit logbooks of fishing, purchase or transshipment operations carried out by
a fishing vessel of 12 m, or more, but less than 15 m in overall length;
b) Recording incorrect or
inadequate information in logbooks of fishing, purchase or transshipment
operations carried out by a fishing vessel of 15 m, or more, but less than 24 m
in overall length.
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a) Failing to have, or fill in, or
submit logbooks of fishing, purchase or transshipment operations carried out by
a fishing vessel of 15 m, or more, but less than 24 m in overall length;
b) Recording incorrect or
inadequate information in logbooks of fishing, purchase or transshipment
operations carried out by a fishing vessel of 24 m, or more, in overall length.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to have, or fill in, or
submit logbooks of fishing, purchase or transshipment operations carried out by
a fishing vessel of 15 m, or more, but less than 24 m in overall length in case
of recidivism;
b) Failing to have or fill in
logbooks of fishing, purchase or transshipment operations carried out by a
fishing vessel of 24 m, or more, in overall length;
c) Recording incorrect or
inadequate information in logbooks of fishing, purchase or transshipment
operations carried out by a fishing vessel of 24 m, or more, in overall length
in case of recidivism or repeated violation.
5. Additional penalties:
The master's license or certificate
of competence to operate fishing vessels shall be suspended for a fixed period
of 03 - 06 months in case of commission of the violation in Clause 4 of this
Article.
Article 26.
Violations against regulations on fishery operations carried out by foreign
entities in territorial waters of Vietnam
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a) Failing to inform a competent
authority of Vietnam before operating vessels into the territorial waters of
Vietnam;
b) Entering a port other than the
one specified in the fishing license;
c) Failing to carry on board all
documents required by the law of Vietnam;
d) Failing to have, or fill in, or
submit, or recording inadequate information in logbooks of fishing, purchase
and transshipment operations, or failing to submit reports as prescribed;
dd) Failing to embark supervisors,
or disembarking supervisors at a location other than the prescribed one, or
failing to provide adequate working and living conditions for supervisors as
prescribed by the law of Vietnam.
2. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for failing to comply with
fishing zones, fishing gears or scope of activities specified in the fishing
license.
3. A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for the violation in Clause 1
or 2 of this Article in case of recidivism or repeated violation.
4. Additional penalties:
a) The fishing license shall be
suspended for a fixed period of 03 - 06 months in case of commission of the
violation in Clause 1 of this Article;
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Article 27.
Violations against regulations on fishing occupations and gears
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to mark fishing gears
or marking fishing gears against regulations or illegally discarding fishing
gears into natural waters.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for using fishing gears in a
manner that obstructs or causes damage to other entities that are carrying out
legal fishing operations, or anchoring at the place where the fishing gear of
another entity that is carrying out legal fishing operations is placed.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for production, trading, transport
or storage of fishing gears banned from use in commercial fishing.
4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for carrying out commercial
fishing using banned fishing occupations or gears, if not liable to criminal prosecution.
5. Additional penalties:
a) Fishing gears banned from use in
commercial fishing shall be confiscated in case of commission of the violation
in Clause 3 or Clause 4 of this Article;
b) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 03 - 06 months in case of commission of the violation in Clause
4 of this Article.
Article 28.
Violations against regulations on use of electricity in commercial fishing
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2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for storage, transport or trading
in electrofishing equipment.
3. The following fines shall be
imposed for carrying out fishing operations using electrofishing equipment or
direct current from generators on board fishing vessels:
a) A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for the violation involving fishing vessels
of less than 06 m in overall length;
b) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving
fishing vessels of 06 m, or more, but less than 12 m in overall length;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving
fishing vessels of 12 m, or more, but less than 15 m in overall length;
d) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, in overall length.
4. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for carrying out commercial
fishing using direct current from electrical grids, if not liable to criminal
prosecution.
5. Additional penalties:
a) Electrofishing equipment,
generators and fishing gears shall be confiscated in case of commission of any
of the violations in Clauses 1, 2, 3 and 4 of this Article;
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6. Remedial measures:
Enforced release of the fish that
is still alive into their habitats in case of commission of any of the
violations in Clauses 1, 3 and 4 of this Article.
Article 29.
Violations against regulations on storage and use of banned substances or
chemicals, toxic substances, explosives or poisonous plants in commercial
fishing
1. The following fines shall be
imposed for storage of banned substances or chemicals, toxic substances, or
poisonous plants on board fishing vessels:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving fishing
vessels of less than 06 m in overall length;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving
fishing vessels of 06 m, or more, but less than 15 m in overall length;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
2. The following fines shall be
imposed for storage of banned substances or chemicals, toxic substances, or
poisonous plants on board fishing vessels in case of recidivism or repeated
violation:
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b) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving
fishing vessels of 06 m, or more, but less than 15 m in overall length;
c) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
d) A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
3. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for carrying out commercial
fishing using banned substances or chemicals, toxic substances, explosives,
poisonous plants or other chemicals, if not liable to criminal prosecution.
4. Additional penalties:
a) Banned substances or chemicals,
toxic substances, and poisonous plants shall be confiscated in case of
commission of any of the violations in Clauses 1, 2 and 3 of this Article;
b) The master's license or
certificate of competence to operate fishing vessels shall be suspended for a
fixed period of 03 - 06 months in case of commission of the violation in Clause
3 of this Article.
5. Remedial measures:
Enforced destruction of banned
substances or chemicals, toxic substances, poisonous plants, other chemicals,
and catches in case of commission of any of the violations in Clauses 1, 2 and
3 of this Article.
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1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed for flying flags against
regulations, or failing to fly the nationality flag or the national flag of the
Socialist Republic of Vietnam on an operating fishing vessel.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation in Clause 1 of this
Article in case of recidivism or repeated violation.
3. Remedial measures:
Enforced flying of the national
flag of the Socialist Republic of Vietnam and the nationality flag as
prescribed in case of commission of the violation in Clause 1 or Clause 2 of
this Article.
Section 6.
VIOLATIONS AGAINST REGULATIONS ON FISHING VESSELS, FISHING PORTS AND SHELTERED
ANCHORAGES
Article 31.
Violations against regulations on building and modification of fishing vessels
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for building or modifying fishing
vessels against approved technical designs.
2. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for building or modifying fishing
vessels without approved technical designs.
3. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for building or modifying
fishing vessels without obtaining a Certificate of eligibility to carry out
building and modification of fishing vessels as prescribed, or building or modifying
fishing vessels against such certificate.
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a) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for the violation involving
fishing vessels of 06 m, or more, but less than 15 m in overall length;
b) A fine ranging from VND
50.000.000 to VND 80.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
c) A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
5. Additional penalties:
a) Operations of the facility that
is eligible to carry out building and modification of fishing vessels shall be
suspended for a fixed period of 01 – 03 months in case of commission of the
violation in Clause 1 or Clause 2 of this Article;
b) The fishing license shall be
suspended for a fixed period of 06 - 12 months in case of modification of
fishing vessels without obtaining written approval from competent authorities
as prescribed in Clause 4 of this Article.
6. Remedial measures:
a) Enforced restoration to the
original condition in case of commission of the violation involving
modification of fishing vessels prescribed in Clause 4 of this Article;
b) Enforced repurposing, or, if
repurposing conditions are not met, breaking up of fishing vessels in case of
commission of the violation involving building of fishing vessels prescribed in
Clause 4 of this Article.
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1. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for importing fishing vessels in
one of the following cases:
a) Characteristics and technical
specifications of the fishing vessel are different from those specified in the
import license, unless fishing vessels are given as aid by foreign Governments
or entities to Vietnam;
b) The fishing vessel is included
in the List of fishing vessels used for illegal fishing announced by a regional
fisheries management organization or Food and Agriculture Organization of the
United Nations (FAO).
2. Additional penalties:
Fishing vessels shall be
confiscated in case of commission of the violation in Point b Clause 1 of this
Article.
3. Remedial measures:
Enforced re-export, or, if
re-export conditions are not met, repurposing, or breaking up, or dumping of
fishing vessels in case of commission of the violation in Point a Clause 1 of
this Article.
Article 33.
Violations against regulations on technical safety of fishing vessels
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for failing to carry a Certificate of
technical safety on board a fishing vessel during its operation.
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a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving fishing
vessels of less than 12 m in overall length;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving fishing
vessels of 12 m, or more, but less than 15 m in overall length;
c) A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for the violation involving fishing vessels
of 15 m, or more, but less than 24 m in overall length;
d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for operating a fishing vessel of
12 m, or more, but less than 15 m in overall length without a Certificate of
technical safety or with an expired one.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for operating a fishing vessel of
15 m, or more, but less than 24 m in overall length without a Certificate of
technical safety or with an expired one.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for operating a fishing vessel of
24 m, or more, in overall length without a Certificate of technical safety or
with an expired one.
Article 34.
Violations against regulations on survey of fishing vessels
1. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for failing to submit adequate
reports on survey of fishing vessels as prescribed.
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3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for signing or using specialized
seal and records against regulations when preparing documents concerning
surveys of fishing vessels and equipment on board fishing vessels.
4. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for falsifying survey results, or
performing surveys inconsistently with national technical regulations on
classification and building of ships, or carrying out survey procedures for a
fishing vessel which does not bear identification marks as prescribed.
5. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Carrying out survey of fishing
vessels without obtaining a certificate of eligibility to perform survey of
fishing vessels;
b) Carrying out survey of fishing
vessels against the certificate of eligibility to perform survey of fishing
vessels;
c) Carrying out survey of fishing
vessels without maintaining the satisfaction of eligibility requirements as
prescribed.
6. Additional penalties:
a) The surveyor card shall be
suspended for a fixed period of 03 – 06 months in case of commission of the
violation in Clause 3 of this Article;
b) Operations of the fishing vessel
survey facility shall be suspended for a fixed period of 01 - 03 months in case
of commission of the violation in Clause 4 of this Article.
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a) Enforced invalidation of survey
results in case of commission of the violation in Clause 4 or 5 of this
Article;
b) Enforced revocation of
certificate of eligibility to perform survey of fishing vessels in case of
commission of the violation in Point b or c Clause 5 of this Article.
Article 35.
Violations against regulations on communication equipment and vessel tracking
units (VTUs) on board fishing vessels
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for removing VTU from a fishing
vessel which is not operated at sea without supervision as prescribed.
2. The following fines shall be
imposed for failing to provide, or insufficiently providing, communication
equipment for fishing vessels:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving fishing
vessels of less than 12 m in overall length;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving fishing
vessels of 12 m, or more, but less than 15 m in overall length;
c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
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a) Failing to comply with
regulations in cases where the VTU installed on a fishing vessel of 15 m, or
more, but less than 24 m in overall length fails to operate or is unable to
transmit information and data from the fishing vessel to the fishing vessel
monitoring data center during its operation;
b) Failing to submit report, or
submitting a report containing inaccurate information, on the installation of
VTU on a fishing vessel, or failing to submit written reports before providing
VTU to supervisory authorities as prescribed;
c) Failing to use lead seals after
installing VTUs on fishing vessels as prescribed, or failing to send the
specimen of lead seal to supervisory authorities as prescribed, or installing
VTUs on fishing vessels against regulations;
d) Failing to keep confidentiality
of vessel tracking data as prescribed;
dd) Inputting inaccurate
information on fishing vessel, fishing vessel owner and/or code of VTU into the
vessel monitoring software.
4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Recidivism of the violation in
Clause 3 of this Article;
b) Replacing the lead seal of VTU
installed on a fishing vessel without reporting to competent authorities.
5. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for commission of one of the
following violations:
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b) Sending VTU of another fishing
vessel which is being operated at sea.
6. A fine ranging from VND
100.000.000 to VND 300.000.000 shall be imposed for commission of one of the
following violations:
a) Providing VTUs that are to be
installed on fishing vessels but fail to meet technical requirements as
prescribed.
b) Failing to maintain the
transmission of information from VTU to the vessel monitoring system as
prescribed, or knowingly disabling VTU, or failing to install a VTU on a
fishing vessel of 15 m, or more, but less than 24 m in overall length during
its operation;
c) Failing to comply with
regulations in cases where the VTU installed on a fishing vessel of 24 m, or
more, in overall length fails to operate or is unable to transmit information
and data from the fishing vessel to the fishing vessel monitoring data center
during its operation.
7. Additional penalties:
The master's license or certificate
of competence to operate fishing vessels shall be suspended for a fixed period
of 06 - 12 months in case of commission of any of the violations in Clause 5
and Points b, c, d Clause 6 of this Article.
Article 36.
Violations against regulations on marking of fishing vessels
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for failing to make identification marking,
or making identification marking against regulations, on fishing vessels of 06
m, or more, but less than 12 m in overall length.
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3. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for failing to make identification
marking, or making identification marking against regulations, on fishing
vessels of 15 m, or more, but less than 24 m in overall length.
4. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to make identification
marking, or making identification marking against regulations, on fishing
vessels of 24 m, or more, in overall length.
Article 37.
Violations against regulations on registration of fishing vessels
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for failing carry the original or certified
true copy of the ship‘s certificate of registry on board a fishing vessel during
its operation.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for failing to display the
registration number, or displaying the registration number against regulations,
or displaying a registration number other than the one granted by a competent
authority on the fishing vessel.
3. The following fines shall be
imposed for failing to carry out procedures for re-registration of fishing
vessels:
a) A fine ranging from VND
6.000.000 to VND 8.000.000 shall be imposed for the violation involving fishing
vessels of less than 15 m in overall length;
b) A fine ranging from VND
8.000.000 to VND 10.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
c) A fine ranging from VND
10.000.000 to VND 12.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
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a) A fine ranging from VND
6.000.000 to VND 8.000.000 shall be imposed for the violation involving fishing
vessels of less than 15 m in overall length;
b) A fine ranging from VND
8.000.000 to VND 10.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
c) A fine ranging from VND
10.000.000 to VND 12.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
5. The following fines shall be
imposed for using fishing vessels which are not yet registered for carrying out
commercial fishing:
a) A fine ranging from VND
6.000.000 to VND 8.000.000 shall be imposed for the violation involving fishing
vessels of less than 15 m in overall length;
b) A fine ranging from VND
8.000.000 to VND 10.000.000 shall be imposed for the violation involving
fishing vessels of 15 m, or more, but less than 24 m in overall length;
c) A fine ranging from VND
10.000.000 to VND 12.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
6. The following fines shall be
imposed for using fishing vessels which are not yet registered for carrying out
commercial fishing in case of recidivism or repeated violation:
a) A fine ranging from VND
10.000.000 to VND 12.000.000 shall be imposed for the violation involving
fishing vessels of less than 15 m in overall length;
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c) A fine ranging from VND
14.000.000 to VND 16.000.000 shall be imposed for the violation involving
fishing vessels of 24 m, or more, in overall length.
7. Remedial measures:
Enforced repurposing, or, if
repurposing conditions are not met, breaking up of fishing vessels in case of
commission of the violation in Clause 6 of this Article.
Article 38.
Violations against regulations on crew members and other persons on board
fishing vessels
1. A fine ranging from VND 300.000
to VND 500.000 shall be imposed upon a crew member or another person working on
board a fishing vessel for failure to carry their identification papers.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed upon a crew member working on board a fishing
vessel whose name is not included in the crew list.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) The master, or chief engineer,
mate, or fitter of a fishing vessel fails to possess qualifications or
certifications as prescribed;
b) Failing to have a crew list on
board a fishing vessel as prescribed.
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4. The following fines shall be
imposed for failing to buy insurance for crew members working on board a
fishing vessel:
a) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving less
than 03 crew members working on board the fishing vessel;
b) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for the violation involving from
03 to under 05 crew members working on board the fishing vessel;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving from
05 to under 10 crew members working on board the fishing vessel;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving 10
crew members working on board the fishing vessel, or more.
Article 39.
Violations against regulations on fishing ports and sheltered anchorages
1. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to notify or giving a
notification containing inadequate information to the port authority before the
fishing vessel enters or leaves a fishing port;
b) A fishing vessel of 15 m, or
more, in overall length fails to enter a port included in the List of fishing
ports designated for fishing vessels operating in offshore zones for unloading
its catches;
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2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for operating a fishing vessel or
other waterway vehicles in a manner that causes damage to port facilities.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for destruction, alteration or
replacement of equipment and/or facilities of a fishing port.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for unlawfully encroaching land,
waters or any facilities of a fishing port.
5. Additional penalties:
The exhibits and instrumentalities
used for committing the violation in Clause 3 of this Article shall be
confiscated.
6. Remedial measures:
a) Enforced restoration to the
original condition in case of commission of the violation in Clause 2 or Clause
3 of this Article;
b) Enforced return of areas
unlawfully encroached in case of commission of the violation in Clause 4 of
this Article.
Article 40.
Violations against regulations on fishing port management
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a) Failing to collect logbooks of
fishing, purchase and transshipment operations and reports on fishing
operations;
b) Failing to issue internal regulations
of the fishing port;
c) Failing to publicly post the
port’s internal regulations at the fishing port;
d) Failing to provide working place
for regulatory authorities to carry out inspections, supervisions or control of
compliance with laws at the fishing port;
dd) Failing to immediately inform
regulatory authorities of fishing vessels carrying out illegal fishing;
e) Failing to supervise, or failing
to report, or submitting late reports, or submitting reports containing
inadequate or inaccurate information, or failing to update data on fishing
vessels entering and leaving the fishing port, quantity and species of the
fish, quantity of the fish unloaded at the fishing port as prescribed.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to certify the fish and
fishery products unloaded at the fishing port or making certification against
regulations on origin of the fish unloaded at the fishing port;
b) Making certification of arrival
or departure to a fishing vessel which does not really enter the port.
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4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for allowing the unloading of
catches of illegal origin at the fishing port.
5. The fines that are twice as much
as those prescribed in Clauses 2 through 4 of this Article shall be imposed for
recidivism or repeated violations.
Section 7.
VIOLATIONS AGAINST REGULATIONS ON COLLECTION, PRELIMINARY PROCESSING,
PROCESSING, STORAGE AND TRANSPORT OF FISH AND FISHERY PRODUCTS
Article 41.
Violations against regulations on collection, trading, handling, preliminary
processing, processing, preservation and transport of fish and fishery products
1. The following fines shall be
imposed for illegal collection, trading, storage, preliminary processing,
processing, preservation or transport of fish, fishery products and parts
thereof of species included in Group II of the List of endangered, rare and
precious aquatic species without satisfying conditions laid down in laws, or
fish, fishery products and parts thereof of unknown origin of endangered, rare
and precious aquatic species included in CITES Appendix II or III, if not
liable to criminal prosecution:
a) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving a
quantity of less than 20 kg;
b) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving a
quantity of from 20 kg to under 50 kg;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving a
quantity of from 50 kg to under 100 kg;
d) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving a
quantity of from 100 kg to under 200 kg;
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e) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for the violation involving a
quantity of 500 kg, or more.
2. The following fines shall be
imposed for illegal collection, trading, storage, preliminary processing,
processing, preservation or transport of fish, fishery products and parts
thereof of species included in Group I of the List of endangered, rare and
precious aquatic species, or fish, fishery products and parts thereof of
unknown origin of endangered, rare and precious aquatic species included in
CITES Appendix I, if not liable to criminal prosecution:
a) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving a
quantity of less than 10 kg;
b) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving a
quantity of from 10 kg to under 20 kg;
c) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for the violation involving a
quantity of from 20 kg to under 50 kg;
d) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for the violation involving a
quantity of from 50 kg to under 100 kg;
dd) A fine ranging from VND
70.000.000 to VND 80.000.000 shall be imposed for the violation involving a
quantity of from 100 kg to under 500 kg;
e) A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for the violation involving a
quantity of 500 kg, or more.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for collection, trading,
preliminary processing, preservation or transport of the fish of illegal
fishing, or aquatic species which are not included in the List of aquatic
species licensed for sale in Vietnam, or aquatic species of unknown origin.
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The fish, fishery products and
parts thereof of endangered, rare and precious aquatic species shall be
confiscated in case of commission of the violation in Clause 1 or 2 of this
Article.
5. Remedial measures:
Enforced destruction of aquatic
species in case of commission of the violation in Clause 3 of this Article.
Article 42.
Violations against regulations on import, export, temporary import, re-export
and transit of fishery products processed from catches, export and import of
fish
1. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to provide documents
serving inspection or failing to provide accurate information as prescribed on fishery
products processed from catches which are imported and transported by container
ships;
b) Documents and/or evidences
declaring that fishery products imported to Vietnam originate from catches do
not comply with regulation on prevention of illegal, unreported and unregulated
(IUU) fishing.
2. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Importing fishery products
against the import license (if required);
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3. A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for illegal import of aquatic
species that are not included in the List of aquatic species licensed for sale
in Vietnam, if not liable to criminal prosecution.
4. The following fines shall be
imposed for mixing raw materials of domestic catches with those processed from
catches imported to Vietnam for export to markets where catch certificate or
statement is required:
a) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for the violation involving a
quantity of mixed raw materials of less than 100 kg;
b) A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for the violation involving a
quantity of mixed raw materials of from 100 kg to under 500 kg;
c) A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for the violation involving a
quantity of mixed raw materials of from 500 kg to under 1.000 kg;
d) A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for the violation involving a
quantity of mixed raw materials of from 1.000 kg to under 2.000 kg;
dd) A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for the violation involving a
quantity of mixed raw materials of 2.000 kg, or more.
5. The following fines shall be
imposed for import, temporary import, re-export or transit of fishery products
originating from IUU fishing against regulations of competent coastal countries
or regional fisheries management organizations:
a) A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for the violation involving a
shipment of less than 100 kg;
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c) A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for the violation involving a
shipment of from 500 kg to under 1.000 kg;
d) A fine ranging from VND
500.000.000 to VND 800.000.000 shall be imposed for the violation involving a
shipment of from 1.000 kg to under 2.000 kg;
dd) A fine ranging from VND 800.000.000
to VND 1.000.000.000 shall be imposed for the violation involving a shipment of
2.000 kg, or more.
6. The following fines shall be
imposed for illegal export of aquatic species included in the List of aquatic
species subject to conditional export without satisfying exporting conditions
as prescribed, if not liable to criminal prosecution:
a) A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for the violation involving a
shipment of less than 100 kg;
b) A fine ranging from VND 100.000.000
to VND 300.000.000 shall be imposed for the violation involving a shipment of
from 100 kg to under 500 kg;
c) A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for the violation involving a
shipment of from 500 kg to under 1.000 kg;
d) A fine ranging from VND
500.000.000 to VND 800.000.000 shall be imposed for the violation involving a
shipment of from 1.000 kg to under 2.000 kg;
dd) A fine ranging from VND
800.000.000 to VND 1.000.000.000 shall be imposed for the violation involving a
shipment of 2.000 kg, or more.
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a) Shipments shall be confiscated
in case of commission of any of the violations in Point a Clause 2, Clauses 3,
4, 5 and 6 of this Article;
b) Export of fishery products to
markets where catch certificate or statement is required shall be suspended for
a fixed period of 06 - 12 months in case of commission of any of the violations
in Clause 1 and Point b Clause 2 of this Article.
8. Remedial measures:
Foreign fishing vessels (except
container ships) that carry fishery products of IUU fishing for import,
temporary import into or transit through Vietnam are compelled to leave the
territory of Vietnam in case of commission of the violation in Clause 5 of this
Article.
Section 8.
OBSTRUCTION OF STATE MANAGEMENT OF FISHERIES
Article 43.
Acts of obstructing state management of fisheries
1. The following fines shall be
imposed for failing to bear inspection and supervision of competent
authorities:
a) A fine ranging from VND
4.000.000 to VND 6.000.000 shall be imposed for failing to bear inspection and
supervision of competent authorities, or uttering words or taking actions
threatening, offending or hurting the honor and dignity of law enforcers, or
enticing or tempting others in carrying out aquaculture, or manufacturing or
trading aquaculture feeds/aqua environmental remediation products or production
and raising of aquatic breeds;
b) A fine ranging from VND
6.000.000 to VND 8.000.000 shall be imposed for failing to bear inspection and
supervision of competent authorities, or uttering words or taking actions
threatening, offending or hurting the honor and dignity of law enforcers, or
enticing or tempting others in commercial fishing and protection of aquatic
resources.
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Article 44.
Violations against regulations on certifications, licenses and written
approvals and other regulations on fisheries
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for knowingly erasing, altering
or falsifying contents of any certifications, licenses or written approvals
issued in fisheries sector.
2. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Taking advantage of
investigation and assessment of aquatic resources to cause adverse influence on
lawful rights and interests of other organizations or individuals;
b) Providing, accessing and using
information/data on aquatic resources against regulations;
3. Remedial measures:
Enforced return of certifications,
confirmations, licenses, written approvals or certificates which have been
erased, falsified or altered in case of commission of the violation in Clause 1
of this Article.
Chapter III
POWER TO RECORD ADMINISTRATIVE VIOLATIONS AND IMPOSE
PENALTIES
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The persons below are entitled to
make records of administrative violations:
1. The persons having the power to
impose administrative penalties mentioned in Articles 46 through 54 of this
Decree.
2. Officials and public employees
of people’s army or people’s police working at regulatory authorities mentioned
in Article 47, Article 48 and Article 49 hereof; officials and public employees
of authorities performing fisheries state management tasks.
Article 46.
Power of Chairpersons of people’s committees
1. Chairpersons of commune-level
People’s Committees shall have the power to:
a) Impose a fine up to VND
5.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a, b, c and dd Clause 1 Article 28 of the Law on Handling
of Administrative Violations and in Clause 3 Article 4 of this Decree.
2. Chairpersons of District-level
People’s Committees shall have the power to:
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b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
mentioned in Points a, b, dd, e and g Clause 1 Article 28 of the Law on
Handling of Administrative Violations and in Clause 3 Article 4 of this Decree.
3. Chairpersons of Provincial
People’s Committees shall have the power to:
a) Impose a fine up to VND
1.000.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
mentioned in Clause 1 Article 28 of the Law on Handling of Administrative
Violations and those mentioned in Clause 3 Article 4 herein.
Article 47.
Power of people’s police forces
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Impose a fine up to VND 500.000.
2. Heads of company-level Mobile
Police Units, heads of police stations, and team leaders in charge of managing
the soldiers mentioned in Clause 1 of this Article shall have the power to:
Impose a fine up to VND 1.500.000.
3. Commune-level Police Chiefs,
Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police Offices, Majors of
Mobile Police Battalions, and Masters of Squadrons shall have the power to:
a) Impose a fine up to VND
2.500.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a, c and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
4. Heads of district-level police
agencies, heads of professional divisions of the following authorities,
including the Internal Political Security Department, the Police Department for
Administration of Social Order, the Traffic Police Department, the Department
of Fire Prevention, Fighting and Rescue, the Department of Cybersecurity,
Hi-Tech Crime Prevention and Control, and the Immigration Department, and heads
of provincial-level police departments, including: Internal Political Security
Divisions; Police Divisions for Social Order Administration; Police Departments
for Social Order Crimes; Investigation Police Divisions for Corruption,
Economic and Smuggling Crimes; Investigation Police Divisions for Drug Crimes;
Traffic Police Divisions; Road and Railway Traffic Police Divisions; Road
Traffic Police Divisions; Waterway Police Divisions; Mobile Police Divisions;
Criminal Judgment Execution and Judicial Assistance Divisions; Police Divisions
for Prevention and Control of Environmental Crimes; Firefighting, Prevention and
Rescue Police Divisions; Cybersecurity, Hi-Tech Crime Prevention and Control
Divisions; Immigration Divisions; Economic Security Divisions; and External
Security Divisions; Colonels of Mobile Police Regiments; and Masters of
Squadrons, shall have the power to:
a) Impose a fine up to VND
25.000.000;
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c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
mentioned in Points a, c and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 hereof.
5. Directors of Provincial-level
Police Departments shall have the power to:
a) Impose a fine up to VND
100.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
mentioned in Points a, c and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 hereof.
6. Directors of Internal Political
Security Department, Economic Security Department, Police Department for
Administrative Management of Social Order, Investigation Police Department for
Social Order Crimes, Police Department for Investigation into Corruption,
Economic and Smuggling Crimes, Investigation Police Department for
Investigation into Drug Crimes, Traffic Police Department, Firefighting,
Prevention and Rescue Police Department, the Police Department for Prevention
and Control of Environmental Crimes, the Cybersecurity, Hi-tech Crimes
Prevention and Control Department, the Internal Security Department, the Police
Department for Management of Retention and Execution of Criminal Judgements at
Community, and Commander of the Mobile Police shall have the power to:
a) Impose a fine up to VND
1.000.000.000;
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c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
mentioned in Points a, c and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 hereof.
Article 48. Power
of border guard forces
1. On-duty soldiers of border guard
forces shall have the power to:
Impose a fine up to VND 500.000.
2. Heads of border guard stations
and team leaders in charge of managing the soldiers mentioned in Clause 1 of
this Article shall have the power to:
Impose a fine up to VND 2.500.000.
3. Leaders of Task Force Teams for
drug and crime prevention and control which are put under the control of Task
Force Commissions for drug and crime prevention and control shall have the
power to:
a) Impose a fine up to VND
10.000.000;
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c) Enforce the remedial measures
specified in Points a and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
4. Heads of border-guard posts,
commanders of border-guard flotillas and commanders of port border guards shall
have the power to:
a) Impose a fine up to VND
25.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a, d and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
5. Leaders of Task Force Teams for
drug and crime prevention and control affiliated to the Department of Drug and
Crime Prevention and Control under the control of the Command of Border Guards
shall have the power to:
a) Impose a fine up to VND
100.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a, d and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
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a) Impose a fine up to VND
1.000.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures
specified in Points a, d and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
Article 49.
Power of coast guard forces
1. On-duty coast guard officers
shall have the power to:
Impose a fine up to VND 1.500.000.
2. Coastguard team leaders shall
have the power to:
Impose a fine up to VND 5.000.000.
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a) Impose a fine up to VND
10.000.000;
b) Enforce the remedial measures
specified in Points a, c and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
4. Commanders of coastguard
platoons shall have the power to:
a) Impose a fine up to VND
25.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a, c, d and dd Clause 1 Article 28 of the Law on Handling
of Administrative Violations and in Clause 3 Article 4 of this Decree.
5. Masters of Naval Border Guard
Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions
for Drug Crime Prevention and Control under the control of the Command of Coast
Guard of Vietnam shall have the power to:
a) Impose a fine up to VND 50.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
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6. Regional Commands of Coast Guard
and Director of the Department of Operations and Legislation under the control
of the Command of Coast Guard of Vietnam shall have the power to:
a) Impose a fine up to VND
100.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
specified in Points a, d and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
7. The Commander of Vietnam Coast
Guard shall have the power to:
a) Impose a fine up to VND
1.000.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
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Article 50.
Power of customs agencies
1. Customs officials on duty shall
have the power to:
Impose a fine up to VND 500.000.
2. Team Leaders; Group Leaders of
Customs Sub-departments; Leaders of Groups in Control Teams affiliated to
provincial, inter-provincial or municipal Customs Departments; Leaders of Teams
in Post-clearance Inspection Sub-departments, shall have the power to:
Impose a fine up to VND 5.000.000.
3. Directors of Customs
Sub-departments; Directors of Post-clearance Inspection Sub-departments;
Leaders of Control Teams of provincial, inter-provincial or municipal Customs
Departments; Leaders of Criminal Investigation Teams; Leaders of Smuggling
Control Teams; Masters of Maritime Control Flotillas and Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments affiliated to the Post-clearance
Inspection Department shall have the power to:
a) Impose a fine up to VND
25.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points d, dd and g Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
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a) Impose a fine up to VND
50.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
specified in Points d, dd and g Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
5. Director General of General
Department of Customs shall have the power to:
a) Impose a fine up to VND
1.000.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
specified in Points d, dd and g Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
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1. Market controllers on duty shall
have the power to:
Impose a fine up to VND 500.000.
2. Leaders of Market Surveillance
Teams and Heads of Professional Divisions under the control of the Departments
of Market Surveillance Operations shall have the power to:
a) Impose a fine up to VND
25.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a, dd, e and g Clause 1 Article 28 of the Law on Handling
of Administrative Violations and in Clause 3 Article 4 of this Decree.
3. Directors of Provincial-level
Market Surveillance Departments and Directors of Market Surveillance Operations
Departments affiliated to Vietnam Directorate of Market Surveillance shall have
the power to:
a) Impose a fine up to VND
50.000.000;
b) Confiscate the exhibits and
instrumentalities for committing administrative violations;
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d) Enforce the remedial measures
specified in Points a, d, dd, e and g Clause 1 Article 28 of the Law on
Handling of Administrative Violations and in Clause 3 Article 4 of this Decree.
4. The Director General of Vietnam
Directorate of Market Surveillance shall have the power to:
a) Impose a fine up to VND
1.000.000.000;
b) Confiscate the exhibits and
instrumentalities for committing administrative violations;
c) Suspend licenses/practicing
certificates or operations for a fixed period;
d) Enforce the remedial measures
specified in Points a, d, dd, e and g Clause 1 Article 28 of the Law on
Handling of Administrative Violations and in Clause 3 Article 4 of this Decree.
Article 52.
Power of inspecting authorities
1. During the performance of their
duties, agriculture and rural development inspectors and the officers assigned
to conduct specialized inspections shall have the power to:
a) Impose a fine up to VND 500.000;
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c) Enforce the remedial measures
specified in Points a and dd Clause 1 Article 28 of the Law on Handling of Administrative
Violations and in Clause 3 Article 4 of this Decree.
2. Chief inspectors of Provincial
Departments of Agriculture and Rural Development; heads of specialized
inspection teams of Department of Fisheries; Director of Quality, Processing
and Market Development Department, and heads of specialized inspection teams of
Provincial Departments of Agriculture and Rural Development shall have the
power to:
a) Impose a fine up to VND
50.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
d) Enforce the remedial measures
mentioned in Clause 1 Article 28 of the Law on Handling of Administrative
Violations and those mentioned in Clause 3 Article 4 herein.
3. Heads of specialized inspection
teams in fisheries sector established by the Ministry of Agriculture and Rural
Development shall have the power to:
a) Impose a fine up to VND
250.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
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d) Enforce the remedial measures
mentioned in Points a, b, d, dd, e and g Clause 1 Article 28 of the Law on
Handling of Administrative Violations and in Clause 3 Article 4 of this Decree.
4. Chief Inspector of the Ministry
of Agriculture and Rural Development; Director of Department of Fisheries;
Director of Department of Animal Health; Director of Quality, Processing and
Market Development Department shall have the power to:
a) Impose a fine up to VND
1.000.000.000;
b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
mentioned in Points a, b, d, dd, e and g Clause 1 Article 28 of the Law on
Handling of Administrative Violations and in Clause 3 Article 4 of this Decree.
Article 53.
Power of fisheries surveillance forces
1. Fisheries surveillance officials
on duty shall have the power to:
a) Impose a fine up to VND
2.000.000;
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2. Heads of fisheries surveillance
stations shall have the power to:
a) Impose a fine up to VND
10.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a and b Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
3. Directors of regional fisheries
surveillance sub-departments shall have the power to:
a) Impose a fine up to VND
100.000.000;
b) Confiscate the exhibits and
instrumentalities for committing administrative violations;
c) Enforce the remedial measures
specified in Points a, b and d Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
4. Director of Department of
fisheries resource surveillance shall have the power to:
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b) Suspend practicing
certificates/licenses or suspend operations for a fixed period;
c) Confiscate the exhibits and
instrumentalities for committing administrative violations;
d) Enforce the remedial measures
specified in Points a, b and d Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
Article 54.
Power of forest protection forces
1. Forest protection officers on
duty shall have the power to:
Impose a fine up to VND 500.000.
2. Heads of forest protection
stations shall have the power to:
a) Impose a fine up to VND
10.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause.
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a) Impose a fine up to VND
25.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Enforce the remedial measures
specified in Points a and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
4. Directors of Forest Protection
Sub-departments, Directors of Regional Forest Protection Sub-Departments, and
Leaders of Task Force Teams for Forest Protection affiliated to the Forest
Protection Department shall have the power to:
a) Impose a fine up to VND
50.000.000;
b) Confiscate the exhibits and
instrumentalities which have been used for committing administrative violation
but are worth less than an amount which is twice as much as the fine specified
in Point a of this Clause;
c) Suspend licenses/practicing
certificates or operations for a fixed period;
d) Enforce the remedial measures
specified in Points a, b and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
5. Director of the Forest
Protection Department shall have the power to:
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b) Confiscate the exhibits and
instrumentalities for committing administrative violations;
c) Suspend licenses/practicing
certificates or operations for a fixed period;
d) Enforce the remedial measures
specified in Points a, b and dd Clause 1 Article 28 of the Law on Handling of
Administrative Violations and in Clause 3 Article 4 of this Decree.
Article 55.
Determination of power to impose penalties
1. Director of Department of
Fisheries, and Chairpersons of Provincial People’s Committees shall have the
power to impose penalties for the administrative violations prescribed in
Chapter II of this Decree.
2. Chairpersons of commune-level
people’s committees; Chairpersons of district-level people’s committees shall
have the power to impose penalties for the administrative violations prescribed
in Points a and b Clauses 1 Article 6; Article 7; Clause 1, Points a, b, c, d,
dd, e, g, h and i Clause 2 and Points a, b, c, d, dd, e, g and h and Clause 3
Article 8; Clause 1, Clause 2 Article 9; Article 10; Article 11; Article 13;
Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses
1, 2, 3, 4, 5 and Clause 6 Article 21; Article 22; Article 23; Clause 1, Clause
2 and Point a Clause 3 Article 24; Article 25; Clause 1 Article 26; Article 27;
Article 28; Article 29; Article 30; Clause 1, Clause 2 and Points a, b Clause 3
Article 31; Article 32; Article 33; Article 34; Clauses 1, 2, 3 and 5 Article
35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41;
Clause 1, Clause 2, Points a Clauses 3 and Point a Clauses 4 Article 42;
Article 43 and Article 44 under their authority prescribed in Clauses 1 and 2
Article 46 of this Decree and within the ambit of their assigned functions and
tasks.
3. People’s police forces shall
have the power to impose penalties for the administrative violations prescribed
in Article 6; Article 7; Article 8; Article 9; Article 11; Article 12; Article
13; Article 14; Article 15; Article 18; Article 19; Article 21; Article 23;
Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article
33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40;
Article 41; Article 42; Article 43 and Article 44 under their authority
prescribed in Article 47 of this Decree and within the ambit of their assigned
functions and tasks.
4. Border guard forces shall have
the power to impose penalties for the administrative violations prescribed in
Article 6; Article 7; Article 8; Article 9; Article 11; Clause 3 Article 13;
Clause 1 Article 14; Article 18; Article 20; Article 21; Article 23; Article
24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30;
Article 32; Article 33; Article 35; Article 36; Article 37; Article 38; Article
39; Article 40; Article 41; Article 42; Clause 1 and Point b Clause 2 Article
43 and Article 44 under their authority prescribed in Article 48 of this Decree
and within the ambit of their assigned functions and tasks.
5. Coast guard forces shall have
the power to impose penalties for the administrative violations prescribed in
Article 6; Article 7; Article 8; Article 9; Article 20; Article 21; Article 23;
Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article
30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 41;
Article 42; Article 43 and Article 44 under their authority prescribed in
Article 49 of this Decree and within the ambit of their assigned functions and
tasks.
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7. Market surveillance forces shall
have the power to impose penalties for the administrative violations prescribed
in Article 11; Article 12; Article 13; Article 14; Clause 2, Clause 3, Clause 4
and Clause 5 Article 15; Article 18; Clause 2 Article 28; Article 32; Article
41; Article 42; Article 43 and Clause 1 Article 44 under their authority
prescribed in Article 51 of this Decree and within the ambit of their assigned
functions and tasks.
8. Power to impose administrative
penalties of inspectors and authorities assigned to carry out specialized
inspections in fisheries:
a) Inspectors of agriculture and
rural development sector and persons who are assigned to conduct specialized
inspections in fisheries shall have the power to impose penalties for the
administrative violations prescribed in Clause 1 Article 38 under their
authority prescribed in Clause 1 Article 52 of this Decree and within the ambit
of their assigned functions and tasks;
b) Chief inspectors of Provincial
Departments of Agriculture and Rural Development; heads of specialized
inspection teams of Provincial Departments of Agriculture and Rural Development;
heads of specialized inspection teams of Department of Fisheries shall have the
power to impose penalties for the administrative violations prescribed in Point
a Clause 1 Article 6; Clause 1, Clause 2, Points a, b and c Clause 3 and Clause
4 Article 7; Clause 1, Points a, b, c and d Clause 2 and Points a, b and c
Clause 3 Article 8; Article 10; Article 11; Article 12; Article 13; Article 14;
Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, 4,
5 and Points a, b, c Clause 6 Article 21; Article 22; Clauses 1, 2 and 3
Article 23; Point a Clause 1 Article 24; Article 25; Article 27; Article 28;
Clause 1 and 2 Article 29; Article 30; Clause 1, Clause 2, Point a Clause 4
Article 31; Article 33; Article 34; Clauses 1, 2, 3 and 4 Article 35; Article
36; Article 37; Article 38; Article 39; Article 40; Points a, b, c, d and dd
Clause 1, Points a, b Clause 2 and Clause 3 Article 41; Clause 1 and Clause 2
Article 42; Article 43 and Article 44 under their authority prescribed in
Clause 2 Article 52 of this Decree and within the ambit of their assigned
functions and tasks;
c) Heads of specialized inspection
teams in fisheries of the Ministry of Agriculture and Rural Development of
Vietnam shall have the power to impose penalties for the administrative
violations prescribed in Article 6; Article 7; Article 8; Article 9; Article
10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16;
Article 17; Article 18; Article 19; Article 21; Article 22; Article 23; Article
24; Article 25; Clause 1 and Clause 2 Article 26; Article 27; Article 28;
Article 29; Article 30; Article 31; Article 32; Article 33; Article 34; Clauses
1, 2, 3, 4 and 5 Article 35; Article 36; Article 37; Article 38; Article 39;
Article 40; Article 41; Clauses 1, 2, 3, Point a Clause 4 and Point a Clause 5
Article 42; Article 43 and Article 44 under their authority prescribed in
Clause 3 Article 52 of this Decree and within the ambit of their assigned
functions and tasks;
d) Chief Inspection of the Ministry
of Agriculture and Rural Development of Vietnam shall have the power to impose
penalties for the administrative violations prescribed in Article 6; Article 7;
Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article
14; Article 15; Article 16; Article 17; Article 18; Article 19; Points a, c and
g Clause 3 Article 20; Article 21; Article 22; Article 23; Article 24; Article
25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31;
Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article
38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44
under their authority prescribed in Clause 4 Article 52 of this Decree and
within the ambit of their assigned functions and tasks;
dd) Director of Quality, Processing
and Market Development Department shall have the power to impose penalties for
the administrative violations prescribed in Article 41; Article 42; Clause 2
Article 43 and Clause 1 Article 44 under his/her authority prescribed in Clause
4 Article 52 of this Decree and within the ambit of their assigned functions
and tasks.
e) Director of Department of Animal
Health shall have the power to impose penalties for the administrative
violations prescribed in Article 42; Clause 2 Article 43 and Clause 1 Article
44 under his/her authority prescribed in Clause 4 Article 52 of this Decree and
within the ambit of their assigned functions and tasks.
9. Fisheries surveillance forces
shall have the power to impose penalties for the administrative violations
prescribed in Article 6; Article 7; Article 8; Article 9; Article 20; Article
21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28;
Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article
38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44
under their authority prescribed in Article 53 of this Decree and within the
ambit of their assigned functions and tasks.
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Article 56.
Implementation of preventive measures and enforcement of administrative
penalties
1. In cases where only fine is
imposed for an administrative violation against regulations on fisheries, the
person who has the power to impose penalties is entitled to impound one of the
following documents in the following order: master’s or chief engineer’s
license or certificate, or license to operate vessels or other necessary
documents concerning the exhibits and instrumentalities until the violating
entity has completely implemented the penalty imposition decision. If the
abovementioned documents are not available, the exhibits and instrumentalities
of the administrative violation will be impounded.
In case the additional penalty
which is confiscation of exhibits and instrumentalities of the violation is
imposed for an administrative violation prescribed in this Decree, the person
who has the power to impose penalties is entitled to request the violating
entity to operate their vessel to shore or to the office of his/her working authority
for handling or to impound the exhibits and instrumentalities of the violation
within his/her jurisdiction.
2. Authority and procedures for
implementing preventive measures and enforcing penalties for administrative
violations in fisheries sector shall comply with provisions of the Law on
penalties for administrative violations.
Article 57.
Imposition of remedial measures
1. Implementation of the remedial
measure that is enforced destruction of aquaculture feeds, aqua environmental
remediation products; banned substances or chemicals, toxic substances,
poisonous plants and/or other chemicals and catches or recall of aquaculture
feeds and aqua environmental remediation products shall be subject to the
following provisions:
a) Within 30 days from the receipt
of the penalty imposition decision or decision to separately impose remedial
measures as prescribed in Article 65 of the Law on penalties for administrative
violations, the violating entity shall carry out the destruction or recall of
violating products which are being sold on the market;
b) Within 05 working days upon
completion of the destruction or recall of violating products which are being
sold on the market, the violating entity shall send a written report on their
completion of remedial measure to the authority of the person that issued the
penalty imposition decision or decision to separately impose remedial measures;
c) Within 03 working days from the
receipt of the report on completion of remedial measure, the person that issued
the penalty imposition decision or decision to separately impose remedial
measures shall consider issuing a written certification that the violating
entity has successfully completed the remedial measure, or a written refusal to
give this certification in which reasons for such refusal must be indicated.
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a) Within 30 days from the receipt
of the penalty imposition decision or decision to separately impose remedial
measures as prescribed in Article 65 of the Law on penalties for administrative
violations, the violating entity shall carry out capture and destruction of
live aquatic species released or escaped into natural environment, or products
of illegal breeding of live aquatic species adopting heat processing at 90°C or
higher or freezing or preliminary processing or processing method;
b) Within 05 working days upon
completion of the capture or destruction, the violating entity shall send a
written report on their completion of remedial measure to the authority of the
person that issued the penalty imposition decision or decision to separately
impose remedial measures;
c) Within 03 working days from the
receipt of the report on completion of remedial measure, the person that issued
the penalty imposition decision or decision to separately impose remedial
measures shall consider issuing a written certification that the violating
entity has successfully completed the remedial measure, or a written refusal to
give this certification in which reasons for such refusal must be indicated.
3. Implementation of the remedial measure
that is enforced breaking up or repurposing of fishing vessels shall be subject
to the following provisions:
a) Within 30 days from the receipt
of the penalty imposition decision or decision to separately impose remedial
measures, the violating entity shall carry out the breaking up of their fishing
vessel;
b) In case of repurposing of the
fishing vessel, within 60 days from the receipt of the penalty imposition
decision or decision to separately impose remedial measures, the violating
entity shall be responsible for repurposing their fishing vessel. Such
repurposing must be completed within 180 days from the day on which such
repurposing starts;
c) Within 05 working days upon
completion of the breaking up or repurposing of the fishing vessel, the violating
entity shall send a written report on their completion of remedial measure to
the authority of the person that issued the penalty imposition decision or
decision to separately impose remedial measures;
d) Within 03 working days from the
receipt of the report on completion of remedial measure, the person that issued
the penalty imposition decision or decision to separately impose remedial
measures shall consider issuing a written certification that the violating
entity has successfully completed the remedial measure, or a written refusal to
give this certification in which reasons for such refusal must be indicated.
4. Documents on the implementation
of remedial measures by the violating entity shall be kept together with the
penalty imposition dossier in accordance with regulations of law on archives.
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1. Authorities and persons
competent to impose penalties are entitled to use technical and professional
facilities and equipment for detecting the administrative violations in
commercial fishing, protection of aquatic resources and aquaculture sectors.
2. Management, use and list of
technical and professional facilities and equipment used for detecting
violations shall comply with the Government's regulations on list, management
and use of technical and professional facilities and equipment, and collection
and use of data obtained from technical and professional facilities and
equipment provided by organizations and individuals for detecting
administrative violations.
Chapter IV
IMPLEMENTATION
Article 59.
Effect
1. This Decree comes into force
from May 20, 2024.
2. This Decree supersedes the
Government’s Decree No. 42/2019/ND-CP dated May 16, 2019 on penalties for administrative
violations against regulations on fisheries.
Article 60.
Amendments to Government’s Decree No. 135/2021/ND-CP dated December 31, 2021
prescribing list, management and use of technical and professional facilities
and equipment, and procedures for collection and use of data obtained from
technical and professional facilities and equipment provided by organizations
and individuals for detecting administrative violations
1. Some words and phrases are added
to Articles as follows:
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b) The phrase “khai thác thủy sản,
bảo vệ nguồn lợi thủy sản và nuôi trồng thủy sản” (“commercial fishing,
protection of aquatic resources and aquaculture”) is added following the word
“bia” (“beer”) in Clause 1 Article 2.
2. Point k is added following Point
i Clause 1 Article 6 as follows:
“k) List X: Technical and
professional facilities and equipment used for detecting administrative
violations in commercial fishing, protection of aquatic resources and
aquaculture”.
3. Point m is added following Point
l Clause 2 Article 9 as follows:
“m) Inspectors in fisheries sector
and authorities assigned to perform specialized inspections in fisheries
sector".
4. Point i Clause 2 Article 12 is
amended as follows:
“i) Chief inspectors of
Provincial Departments of Agriculture and Rural Development; Directors of
Forest Protection Sub-departments, Directors of Regional Forest Protection
Sub-Departments; Directors of Provincial Departments of Agriculture and Rural
Development; Directors General of the Forest Protection Department, Fisheries
Surveillance Department, Department of Forestry, and Department of Fisheries;
Chief Inspector of the Ministry of Agriculture and Rural Development of
Vietnam”.
5. Clause 9 is added following
Clause 8 Article 18 as follows:
“9. The following authorities and
units shall receive and collect data on administrative violations in fisheries
sector:
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b) Fisheries surveillance forces,
and inspectors in Agriculture and Rural Development sector;
c) Border guard forces and coast
guard forces”.
6. List X is added following List
IX in the Appendix enclosed with this Decree.
Article 61.
Transition
1. This Decree shall apply to the
administrative violations in fisheries sector which have been committed before
the effective date of this Decree but are detected afterwards or are under
consideration if this Decree does not provide for any legal liability or
imposes less severe legal liability.
2. In case there is a complaint
filed against a decision on imposition of administrative penalty in fisheries
sector which has been issued or implemented before this Decree comes into
force, the complaint shall be solved in accordance with the Government’s Decree
No. 42/2019/ND-CP dated May 16, 2019.
Article 62.
Responsibility for implementation
1. The Minister of Agriculture and
Rural Development of Vietnam shall organize and inspect the implementation of
this Decree.
2. Ministers, heads of ministerial
agencies, heads of Governmental agencies, and Chairpersons of People’s
Committees of provinces or central-affiliated cities are responsible for the
implementation of this Decree.
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ON
BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang
APPENDIX
(Enclosed
with the Government's Decree No. 38/2024/ND-CP dated April 05, 2024)
LIST X
TECHNICAL AND PROFESSIONAL FACILITIES AND EQUIPMENT
USED FOR DETECTING ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON FISHERIES
(Enclosed
with the Government's Decree No.135/2021/ND-CP dated December 31, 2021)
1. Equipment and tools used for
measuring length.
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3. Equipment used for analyzing
samples of the fish, fishery products, aquaculture feeds and aqua environmental
remediation products.
4. Equipment used for extracting
data and information from vessel tracking unit (VTU); servers used for storing
vessel tracking data obtained from VTUs; VTUs; equipment used for determining
locations (positioning; satellite-based positioning).
5. Environmental monitoring
equipment used in aquaculture.
6. Computers and tablets used for
storing data and information obtained from technical and professional
facilities and equipment.