Vietnam introduces new IUU violation penalties through amended fisheries law

Vietnam boats

The National Assembly of Vietnam has passed an amended Fisheries Law that contains new points to facilitate the development of the island marine economy, as well as to raise awareness and responsibility in the management of fisheries resources. Crucially, the new law also introduces strict sanctions against acts of illegal, unregulated and unreported (IUU) fishing. 

The 2017 law follows the yellow card warning that Vietnam received from the European Commission (EC) in October for not doing enough to tackle IUU, with identified shortcomings including the lack of an effective sanctioning system to deter IUU fishing activities and a lack of action to address illegal fishing activities conducted by Vietnamese vessels in waters of neighboring countries, including Pacific Small Island Developing States. The EC also said that Vietnam has a poor system to control landings of fish that are processed locally before being exported to international markets, including the EU.

Vietnam’s Fisheries Law has now been amended in accordance with the principles of the 1982 United Nations Convention on the Law of the Sea, the FAO Port State Measures Agreement, the United Nations’ agreement on straddling and highly migratory fish stocks, the FAO Technical Guidelines for Responsible Fisheries, the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing and the FAO Voluntary Guidelines for Flag State Performance. It also focuses on nine recommendations made by the EC. 

Under the law, the maximum penalty for individual violations (shipowners, captains etc.) is VND 1 billion (USD 44,076, EUR 37,383), while the maximum for organizations caught conducting IUU activities is VND 2 billion (USD 88,082, EUR 74,739). 

The Southeast Asian country has expressed its determination to return to “green card” status within six months.

Earlier this year, Vietnam’s Prime Minister issued public telegraph 732/CD-TTg on preventing, minimizing, and eliminating the illegal fishing of Vietnamese vessels and fishermen in foreign waters, while the Vietnam Association of Seafood Exporters and Producers (VASEP) has introduced a voluntary commitment program for marine product exporters to the EU not to buy and sell illegal catches.

In the near future, the Ministry of Agriculture and Rural Development (MARD) is to set up a task force charged with taking urgent measures to ensure the yellow card’s removal.

Historically, Vietnam exports between USD 350 million (EUR 297 million) and USD 400 million (EUR 339.4 million) worth of seafood to the EU annually.

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