These new points are evaluated as a “turning point” for our fisheries industry, aiming to shift from people’s fishery to responsible fisheries, developing effectively and sustainably.
In particular, this is also an opportunity for Vietnam fisheries industry to lift “yellow card”.
Fisheries Law 2017 - a new “turning point” of Vietnam's fisheries industry
The Fisheries Law 2017 passed by the National Assembly on November 21, 2017, with more detailed regulations and meeting the integration requirements, especially in the context of seafood export of Vietnam faces many technical barriers of which is a yellow card issued by the European Commission (EC). The EC warns Vietnamese fisheries about IUU fishing (against illegal, unreported, unregulated) and warnings from many other markets.
The Law on Fisheries 2017 is also born in the context that our country is restructuring aggressively in agriculture, so the Law on Fisheries 2017 is also suitable to the current Government of construction with the criteria of ensuring administrative reforms to facilitate enterprises.
The Fisheries Law 2017 includes 9 chapters, 105 articles, which decreases by 1 chapter and increases by 43 articles compared to the Fisheries Law 2003, basically the names of chapters and things remain unchanged; A new chapter is added to the fishery is fisheries surveillance chapter.
According to former Deputy Minister of Agriculture and Rural Development Vu Van Tam, the Law on Fisheries 2017 is an important “turning point” to transform from people’s fisheries to responsible fisheries, meeting the context of world markets putting many technical barriers for Vietnam fisheries industry.
Many new important points
Regulations on national database on fisheries (Law 2003 does not cover this issue).
The national database includes all industry data on fisheries resources, aquaculture, fishing vessels, etc. For example, fishing vessel registration will be done by the National Fishing Register. All information and data will be standardized and digitized by science and technology, built uniformly from the central to local levels, implemented according to e-government guidelines. Relevant agencies can update this database to get timely information.
Regulations on co-management in the protection of aquatic resources (Article 10) - the state assigns management rights to community organizations to share the responsibility of protecting aquatic resources. The co-management rights are clearly defined to include two rights: one is the right to prevent administrative violations; second is the right to patrol, check and control to protect aquatic resources.
Accordingly, people and associations ... participate with local authorities to manage activities of protecting aquatic resources and at the same time raising people's awareness and responsibility in protecting aquatic resources, step by step implementing the policy of socialization, strengthening the role and responsibility of the community in managing fisheries resource protection, which is an effective solution to reduce conflicts of interests in the community and contribute to Sustainable Development.
Planning on aquatic resources protection and exploitation, investigation and assessment
Aquatic resources are a renewable resource, so sustainable manage of fisheries resources is more clearly defined in Articles 11 and 12 of the amended Law.
Accordingly, the Law clarified that basis for planning; planning contents; planning, approval, adjustment, announcement of planning; Purpose of investigation and evaluation of fisheries resources ...
Every 5 years, to conduct surveys and assess aquatic resources and habitats of aquatic species to protect and efficiently and sustainably exploit aquatic resources.
Regulating the right to grant exploitation quotas to localities
In accordance with international law on the protection, conservation of fisheries resources, the Fisheries Law 2017 has supplemented the provisions on quota for fishing licenses, allowing the exploitation of some fish species having far migrations and aquatic species having a collective behavior.
The law has two chapters on fishing and fishing vessel management (chapter IV and chapter V), which focuses on nine European Commission recommendations (EC). This content is considered a new step compared to the Fisheries Law 2003.
Accordingly, the Law stipulates the right to grant exploitation quotas to localities. The law also stipulates clearly based on the results of the survey and assessment of fisheries resources, in particular based on the reserves and output that allow sustainable exploitation to determine the quotas for fishing and thoroughly decentralize fishing license granting to provincial People's Committees.
The Ministry of Agriculture and Rural Development defines and will check and assign quotas of offshore fishing licenses according to the number of fishing vessels and production quotas to allow exploitation of some migratory species and species of collective behavior in the coastal areas for provinces and cities.
On the basis of the quota assigned by the Ministry of Agriculture and Rural Development, the provincial and municipal People's Committees will organize quota licensing within the scope of management.
Provinces determine the quota for fishing licenses and the allowable yield for species in coastal areas under management. Thus, through quota management to control the strength of exploitation and management of sustainable fishing vessels development.
License quotas are published and adjusted every 60 months. In the case of fluctuations in resources based on the results of annual surveys and assessment of fisheries resources and commercial fisheries, the Ministry of Agriculture and Rural Development and the provincial People's Committee adjust the allowable output exploitation by species.
Regulations on fishing vessel management and regulations on socialization of fishing vessel registration
This provision is also detailed in the Fisheries Law 2017, in order to mobilize resources from society to invest in this activity to reduce the load for state management agencies and facilitate the people in implementing the current Party and State guidelines.
Accordingly, the management of fishing vessels also changes, transferring from capacity management to managing the largest length of the vessel. Fishing vessels of the maximum length of 6 meters or more participating in fishing must have permits and fishing vessels of the maximum length of 12 meters or more must be registered ... When building or renovating fishing vessels, the owners must have written approval from the competent authority.
The Fisheries Law also stipulates the responsibilities of captains of fishing vessels from inland areas to access the designated ports announced by the Ministry of Agriculture and Rural Development; regulations on inspection, control and general supervision in chapters on fishing and fishing vessel management and strengthening enforcement capacity for fishery control forces and related law enforcement forces.
In addition, the Law also stipulates the obligations of the fishing port management organization, in which the head of the organization organizes the statistics of fishery output through the port, confirming the origin of the exploited fishery according to regulations, to receive logbooks and reports on fishing exploitation of fishing vessels that access the ports, sum up and report to competent state agencies periodically or irregularly under the guidance of the Ministry of Agriculture and Rural Development.
Legalize the relevant contents of IUU
In particular, the Fisheries Law 2017 has legalized the contents of IUU issues (illegal, unreported, unregulated fishing), including the European Commission (EC) recommendations for Vietnamese fisheries.
Specifically, in addition to managing quota exploitation, the Law stipulates acts of IUU exploitation and severe sanctions against vesselowners, violating captains, the highest level of sanction for individuals up to 1 billion VND . Thus, the fine level has been prescribed to increase 10 times compared to the fine as currently prescribed.
The law also stipulates the revocation of exploitation permits for illegal exploiting individuals and organizations in waters outside Vietnam. Stricter regulations on conditions for no re-granting exploitation licenses to organizations and individuals with fishing vessels on the IUU fishing vessel list, or without cruise monitoring equipment (for fishing vessels of a maximum length of 15m or more, in which a vessel of 24 meters or more must have monitoring system of automatic update itinerary).
In addition, the Law also regulates the management of fishery products originating from illegal exploitation, temporary import, re-export, temporary export, re-import, border gate transfer and transit through Vietnamese territory.
Along with that, the Law also regulates the handling of the use of stateless fishing vessels or nationality of a non-member country for illegal fishing in international waters under the management jurisdiction of regional fisheries management organization.
Nhu Nguyet