Illegal, unreported, and unregulated (IUU) fishing has been a central issue for Vietnam’s fisheries sector, particularly since the EC issued a “yellow card” warning in 2017. The EC’s “yellow card” not only impacts seafood exports to the European market but also underscores the urgent need to improve the legal framework and enhance the effectiveness of handling IUU fishing violations. During the working session between the Department of Fisheries and Surveillance (DFS) and the Department of Legal document review and Administrative violation management (DLDRAVM), several challenges and obstacles in this effort were analyzed, and appropriate solutions were proposed to address the practical context in Vietnam.
Positive impacts of strengthened administrative sanctions
At the start of the meeting, Mr. Vu Duyen Hai, Deputy Director of the DFS, presented a summary of the results achieved in combating IUU fishing following the most recent EC inspection. He highlighted existing shortcomings and limitations, as well as key areas requiring focused efforts to enhance the effectiveness of developing and enforcing fisheries laws to meet the requirements for combating IUU fishing and sustainably addressing the EC’s “yellow card” recommendations. Mr. Hai noted significant progress in managing fishing fleets, monitoring vessel activities, ensuring traceability of seafood origins, and enforcing laws in the first five months of 2025 compared to the same period in the previous year. These achievements stem from the concerted and resolute efforts of various ministries, sectors, and local authorities in implementing directives from the Central Party Secretariat, the Government, the Prime Minister, and the Supreme People’s Court.
In the first five months of 2025, the number of vessels losing VMS connectivity for over six hours decreased by 82%, while those losing connectivity for over ten days without returning to shore dropped by 71%. Notably, incidents of fishing vessels crossing permitted maritime boundaries plummeted by 75%. Additionally, violations involving vessels encroaching on foreign waters decreased by 76.6%, demonstrating the clear effectiveness of stringent sanctions against IUU fishing violations in Vietnam. These results affirm that tightening discipline and intensifying administrative sanctions are among the most effective tools for controlling fishing activities, contributing to addressing the EC’s recommendations and moving closer to the goal of lifting the IUU “yellow card” for Vietnam’s fisheries sector.
Challenges and obstacles in enforcing laws against IUU fishing
Despite these positive outcomes, the meeting also identified and analyzed persistent challenges and obstacles in legal documents and the enforcement of current regulations, which have limited the effectiveness of handling violations compared to expectations. One of the most significant issues raised was the inadequacy of the current legal framework. According to Mr. Kieu Trung Dzung, Acting Head of the Fisheries control operations Division (DFS), there is a lack of detailed legal grounds and regulations to address cases involving fishing vessels and fishermen violating IUU regulations, such as vessels detained abroad, those using fake registration numbers, or those crossing permitted maritime boundaries due to so-called force majeure circumstances.
Mr. Duong Van Cuong, Deputy Director of the DFISH, further elaborated on practical challenges in handling violations at sea, including changes in organizational structures, jurisdiction over administrative sanctions, and the economic difficulties faced by violators, who are often fishermen with limited financial resources. Non-compliance, evasion, or inability to fulfill administrative penalties is relatively common. Additionally, many fishing vessels move frequently between localities, making it difficult for authorities to apply stringent measures such as confiscating illegally harvested products or fishing gear as stipulated by law.
Solutions for the future
To address the practical challenges and obstacles raised by the DFS, leaders from the DLDRAVM provided detailed explanations and guidance on solutions for each issue. They emphasized that current legal provisions, including the Law on Handling Administrative Violations and Decree No. 68/2025/ND-CP (dated March 18, 2025, amending Decree No. 118/2021/ND-CP, which details certain provisions and measures for implementing the Law on Handling Administrative Violations), allow for administrative sanctions against all cases of fishing vessels and fishermen violating IUU regulations. This includes cases where vessels and fishermen are detained abroad, are absent from their place of residence, or face economic difficulties in complying with administrative penalties. Mr. Le Thanh Binh, Deputy Director of the DLDRAVM, stressed the need to clearly distinguish between handling administrative violations as stipulated in Decree No. 38/2024/ND-CP and criminal violations. He noted that many localities focus solely on criminal penalties, neglecting administrative sanctions, which slows down the process of addressing IUU violations and fails to meet the EC’s recommendations. Ms. Nguyen Thị Thu Hoe, another Deputy Director of the DLDRAVM, clarified the jurisdiction for handling administrative violations and noted that amendments to the Law on Handling Administrative Violations, passed by the National Assembly and effective from July 1, 2025, will facilitate the handling of administrative violations in general, including in the fisheries and fisheries control sectors.
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Collaborative efforts to enhance effectiveness in combating IUU fishing and lifting the EC’s “yellow card”
Based on the discussions at the meeting, both Directors Ho Quang Huy and Tran Dinh Luân agreed to implement coordinated efforts between the two agencies to provide recommendations to higher authorities and to inspect and guide law enforcement agencies in the fisheries sector. The agreed upon collaborative actions include:
- Continued coordination in developing and refining the legal framework to ensure alignment with the Party’s guidelines and state laws.
- Regular updates on information, developments, and results in combating IUU fishing and handling administrative violations in the fisheries sector, particularly addressing violations to resolve local challenges and obstacles.
- Deploying officials and providing information and content for inspections and guidance on implementing legal regulations at the local level, in line with each agency’s functions and tasks.
- The DLDRAVM assigning officials to participate in working groups, training workshops, and guidance sessions on handling administrative violations in the fisheries sector organized by the DFISH.
The meeting between the two Departments shed light on practical challenges and obstacles in handling IUU violations. With close coordination, from amending the legal framework to deploying inter - agency inspection teams, Vietnam is demonstrating strong determination to meet the EC’s requirements. Lifting the IUU “yellow card” is not solely the responsibility of the DFISH or the DLDRAVM but a shared task requiring unified and decisive action from central to local authorities across the system.
Hai Dang