Built upon the solid foundation of the Fisheries Law and the recently amended Law on Handling Administrative Violations, the new decree not only significantly raises monetary penalty levels but also establishes a much stricter, more transparent and comprehensive violation-handling mechanism while considerably expanding the enforcement authority of relevant law-enforcement agencies at sea and on shore. Through these comprehensive amendments, the Vietnamese Government has once again demonstrated its strong political commitment and unwavering determination to completely remove the European Commission’s “yellow card” warning on Vietnamese seafood exports and to fulfil international obligations in the global fight against IUU fishing.
Tightening management requirements and imposing much harsher penalties
The newly amended decree introduces a wide range of additional remedial measures that directly target the most critical weaknesses in the current management of fishing vessels. Among the most notable new provisions are requirements that violators must immediately install full sets of communication equipment on board their vessels, must promptly repair any technical faults or signal interruptions of the vessel monitoring system (VMS), must ensure continuous and complete transmission of VMS data to the national fisheries monitoring centre, and must compulsorily equip VMS devices on vessels that previously committed violations.
Particularly noteworthy is the clear distinction in liability and sanction levels applied separately to vessel owners and captains when they are different persons. In cases where the vessel owner is not simultaneously the captain, both individuals will be subject to respective administrative sanctions and remedial measures corresponding exactly to their specific infringing acts. Conversely, when the vessel owner also serves as the captain, the principal monetary penalty will be imposed only on the owner, yet all applicable supplementary sanctions and remedial measures will still be fully enforced without any reduction. The maximum fine that can now be imposed on a vessel owner has been raised to a historic level of 1 billion Vietnamese dong, while captains who commit serious violations may also face monetary penalties reaching up to 1 billion dong depending on the nature and severity of their illegal conduct.
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Another important clarification concerns the legal basis for handling Vietnamese fishing vessels caught conducting illegal fishing in foreign waters or in overlapping maritime areas. Administrative sanctions can now be imposed based on official judgments or decisions issued by the competent authorities of the detaining coastal state, or on diplomatic notes and verification documents provided by the Vietnamese Ministry of Foreign Affairs or Vietnamese diplomatic missions abroad. These documents must contain detailed information such as the exact coordinates where the violation occurred, the vessel’s registration number, the specific infringing act, full identification details of the captain and crew members, information about the vessel owner (if available), as well as any supporting photographs, videos or other relevant evidence.
Strict control over vessel monitoring system equipment
In order to strengthen fishing vessel management and prevent the widespread practice of disabling or tampering with tracking devices, the amended decree prescribes much heavier fines for both vessel owners and captains who violate regulations concerning communication equipment and vessel monitoring systems. Simply removing or disconnecting the VMS device while the vessel is not operating at sea without proper supervision now carries a fine ranging from 3 million to 5 million vnd. Fishing vessels that completely lack required equipment or have incomplete installations face penalties ranging from 1 million vnd up to a maximum of 15 million vnd depending on vessel length.
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For vessels between 15 metres and under 24 metres in length that fail to manually report their position to shore authorities at least once every six hours when the VMS equipment malfunctions, the applicable fine has been set between 30 million and 40 million vnd. The penalty rises dramatically to between 100 million and 300 million vnd for vessels of 24 metres and above that commit the same offence.
One of the strictest new provisions targets owners and captains of vessels 24 metres and longer who fail to return to a designated port for VMS repairs within 10 days after the equipment stops functioning (except in cases where the device resumes transmission or manual position reports have been properly submitted). Such serious non-compliance will now trigger fines ranging from 300 million to 400 million vnd. Vessels in the 15 - 24 metre category that violate the same 10-day repair requirement will face penalties of 40 million to 50 million vnd.
The decree also introduces criminal liability for particularly dangerous acts such as removing, possessing or illegally transporting two or more VMS devices belonging to other fishing vessels. Even when these acts do not yet reach the threshold for criminal prosecution, administrative fines ranging from 50 million to 100 million vnd will still be imposed for disabling VMS while at sea, illegally storing or transporting another vessel’s tracking device, or fraudulently transmitting signals from a different location.
In a groundbreaking move, service providers that supply, install and maintain vessel monitoring systems are now also held accountable. Companies that fail to properly seal devices, breach data security protocols, refuse to cooperate in incident resolution, or supply substandard equipment can be fined up to 300 million vnd.
Heavy sanctions for fishing in prohibited areas and traceability violations
Penalty levels for fishing in the wrong maritime zone (coastal, inshore or offshore) have been substantially increased compared to the previous Decree 38/2024. Small vessels under 12 metres caught operating in inshore or offshore zones now face fines of 20 million to 30 million vnd. Large vessels of 24 metres and above found fishing in coastal or inshore areas will see both owners and captains fined between 80 million and 100 million vnd. The longstanding practice of doubling fines for destructive fishing methods such as pair trawling or light-luring gear (except squid jigging) when used in coastal waters remains firmly in place.
Regarding the purchase, sale and processing of seafood, organisations and individuals that knowingly handle products originating from illegal fishing now face severe consequences. Fines are calculated based on volume and can reach 200 million to 300 million vnd for quantities exceeding one tonne. Supplementary sanctions include temporary suspension of business activities for one to three months for organisational violators and revocation of vessel registration certificates for three to six months.
Expanded enforcement powers for frontline agencies
Perhaps the most transformative aspect of Decree 301/2025/NĐ-CP lies in its dramatic expansion of sanctioning authority granted to a wide array of officials and law-enforcement forces, including the Vietnam Coast Guard, Border Guard, Fisheries Control Forces, People’s Navy when performing fisheries patrol duties, and local authorities at provincial, district and commune levels. Designated officers are now empowered to impose the full range of administrative measures directly in the field, including confiscation of catches, fishing gear and even entire vessels used in serious or repeated violations, as well as temporary suspension of licences and certificates.
The decree clearly delineates responsibilities for investigation and handling: the agency that first detects and detains a violating vessel at sea will take the lead in processing the case, whereas local authorities at the port where the vessel is moored will assume primary responsibility once the vessel returns to shore. Furthermore, the inclusion of provisions allowing administrative sanctions to be issued entirely through electronic platforms marks an important modernisation step that will significantly accelerate procedures while enhancing transparency and accountability in line with the latest government digital transformation policies.
Huong Tra (Hai Dang translated)