The Regulations on sanctions for administrative violations in the field of fisheries

On 5/4/2024, the Government has just issued Decree No. 38/2024/ND-CP regulating sanctions for administrative violations in the field of fisheries.

Accordingly, the regulations on the fine levels, authority to impose fines and application of sanctions for administrative violations in the field of fisheries are as follows:

1. The maximum fine for an administrative violation committed by an individual in the fishery sector is 1,000,000,000 VND.

2. The fines specified in Chapter II of this Decree are applied to administrative violations committed by individuals. In case an organization commits a violation similar to that of an individual, the fine is equal to two times of the fine for individuals.

3. The authority to impose fines of positions specified in Chapter III of this Decree is the authority to impose fines on an individual's administrative violation; the authority to impose fines on organizations is twice the authority to impose fines on individuals.

4. The administrative sanctions for subjects who commit violations specified in Points c and đ, Clause 1; Point c Clause 2; Point b, Clause 3, Article 20 of this Decree are implemented as follows:

- In case the owner of the fishing vessel is not also the captain of the fishing vessel, each violator will be subject to the corresponding sanctions and remedial measures prescribed for the subject and that act of administrative violation;

- In case the owner of a fishing vessel is also the captain of the fishing vessel, only the main form of sanction shall be applied to the captain of the fishing vessel and all additional sanctions and remedial measures prescribed for the fishing vessel shall be applied with that act of administrative violation.

5. In case of transferring the violation case file to sanction administrative violations according to the provisions of Clause 1, Article 63 of the Law on Handling of Administrative Violations, it is based on the nature, severity and consequences of the violations to be punished according to the provisions of this Decree.

In case the violating evidence is an aquatic species on the List of endangered, precious, and rare species prioritized for protection, the same penalty regulations as those on the List of endangered, precious, and rare aquatic species Group I will be applied.

6. The violations of exploitation of aquatic species listed in Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (abbreviated as CITES) that do not rise to the level of criminal prosecution then handle as follows:

- In the case of aquatic species listed in Appendix I of CITES, penalties for violations are the same as for aquatic species on the List of endangered, precious and rare aquatic species Group I;

- In the case of aquatic species listed in Appendix II and Appendix III of CITES, penalties for violations are the same as for aquatic species on the List of endangered, precious and rare aquatic species Group II.

7. For aquatic species products listed in Appendix I of CITES or aquatic species, body parts, and products thereof listed in Appendix II and Appendix III of CITES, the monetary value of the aquatic species and their body parts and products must be determined for consideration of criminal prosecution or administrative sanctions.

In case criminal liability is not pursued, administrative penalties shall be imposed according to the provisions of this Decree.

8. The boundary of the sea area allowed for fishing is the sea area that has been demarcated for Vietnamese fishing vessels to legally exploit, shown on the fishing vessel monitoring system and cruise monitoring equipment installed on the fishing vessel.

This Decree takes effect from May 20, 2024.