A draft replacing Decree 38/2024/ND-CP proposes raising the maximum fine to 1 billion VND, tightening sanctions to repel IUU fishing.
The draft Decree replacing Decree No. 38/2024/ND-CP focuses on adding several serious violations and sharply increasing monetary fines to enhance deterrence.
Specifically, for the act of dismantling Vessel Monitoring System (VMS) equipment, the proposed fine increases from 3-5 million VND to 50-100 million VND. The act of illegally sending, storing or transporting VMS devices will face fines of 300 - 500 million VND, instead of just 50 - 100 million VND as before. In particular, the failure to bring fishing vessels to shore within 10 days of losing connection results in a soaring fine, from 20-30 million VND to the 300-500 million VND threshold.
Raising the ceiling fine for acts of interfering with or dismantling VMS demonstrates Vietnam's high determination to lift the EC's "yellow card". Photo: Van Duong.Additionally, the draft supplements and strengthens the penalty framework for groups of serious illegal fishing acts that directly affect anti-IUU fishing efforts. The act of crossing the boundaries of permitted fishing waters will be subject to a proposed fine of 300 - 500 million VND.
Those who intentionally turn off or disable VMS will face fines of 500 - 700 million VND. For evasive violations such as concealing or forging IUU evidence, the fine can reach up to 1 billion VN, and transshipping to IUU-violating vessels is also proposed to be fined from 700 million to 1 billion VND.
Not stopping at seafarers, organizations and individuals participating in the logistics chain are also put under strict control to address illegal seafood at its root. Accordingly, the act of collecting, trading, or transporting IUU seafood will be progressively fined by volume: under 200kg faces fines of 20 - 40 million VND and 1,000kg or more faces fines of 200-300 million VND. In addition to monetary fines, these facilities must also face supplementary penalties, including operational suspension for 1 to 3 months or revocation of the Fishing Vessel Registration Certificate for up to 6 months.
The new draft proposes fines of up to 300 million VND for collecting and trading seafood of IUU origin. Photo: Hong Hoa.To ensure absolute deterrence, the new draft resolutely applies drastic supplementary penalties and remedial measures. Particularly serious violations will result in the revocation of fishing licenses, revocation of captain's certificates and confiscation of fishing vessels. Simultaneously, violators are compelled to return all illegal profits or pay an amount equivalent to the value of the exhibits and means of violation that have been illegally consumed, dispersed or destroyed, in order to completely eliminate the motive for violation.
* $1 = VND 26,362 - Source: Vietcombank