Criminal prosecution for illegal fishing and trading of aquatic products.

Specifically, from August 1, 2024, actions such as exiting and entering the country for personal reasons will be prohibited.illegal fishingViolations of regulations on the protection of aquatic resources; obstruction or disruption of computer networks and telecommunication networks for the purpose of illegal fishing; and violations in the field of aquatic product trade as stipulated in the Penal Code No. 100/2015/QH13, amended and supplemented by Law No. 12/2017/QH14, will be guided by this Resolution, which will build dossiers for handling and prosecuting criminal responsibility.

+ Illegal and prohibited fishing practices under the Fisheries Law include: fishing without a license; fishing in prohibited areas or during prohibited periods; fishing and transporting prohibited species; fishing for species smaller than prescribed; using prohibited fishing gear; illegally fishing for species on the List of Endangered, Rare, and Precious Species; illegal fishing outside Vietnamese waters; exceeding the catch limit for a species; and fishing outside the permitted area or beyond the time limit specified in the license.

The following acts constitute violations of regulations related to the exploitation and protection of aquatic resources: concealing, falsifying, or destroying evidence of violations; obstructing or resisting competent authorities from inspecting and monitoring compliance with regulations on the exploitation and protection of aquatic resources; transferring or assisting vessels identified as engaging in illegal fishing, except in cases of force majeure; failing to equip, inadequately equip, or operate communication equipment and vessel monitoring systems (VMS) as required; lacking a food safety certificate as required; temporarily importing, re-exporting, temporarily exporting, re-importing, transshipping, or transiting through Vietnamese territory aquatic products and seafood products originating from illegal fishing; failing to record, inadequately recording, incorrectly recording, or submitting fishing logs, or failing to report as required…

+A person who is criminally liable for the act of illegally leaving the country to fish outside Vietnam's territorial waters is the highest-ranking commander on a fishing vessel who fails to complete the required exit procedures for the vessel, its crew members, and fishermen, or who, after leaving the country, erases or alters the vessel's registration number or writes a registration number that does not match the information issued by the competent authority, thereby enabling the vessel's crew members and fishermen to illegally fish outside Vietnam's territorial waters. Such a person shall be criminally liable for violating regulations on exit as stipulated in Article 347 of the Penal Code.

+ Criminal liability will be pursued for the act of organizing or facilitating the exit and entry of individuals to facilitate the illegal exploitation of aquatic resources by fishing vessels and fishermen outside Vietnam's territorial waters. This also includes the act of failing to complete exit and entry procedures as required; completing exit and entry procedures but exploiting aquatic resources outside the areas authorized or approved by competent authorities, or when the fishing license has expired.

The following acts constitute criminal liability: brokering the departure and entry of individuals for the purpose of facilitating illegal fishing by fishing vessels and fishermen outside Vietnam's territorial waters; organizing or brokering the operation of fishing vessels and fishermen outside Vietnam's territorial waters, after which the fishermen or crew members flee or remain abroad illegally; organizing or brokering the illegal escape or stay abroad of individuals if all elements of the crime are present. Directing, arranging, or managing fishermen who fail to complete exit procedures as required and engage in one or more illegal fishing activities; organizing illegal departure of individuals and the destruction of aquatic resources or the violation of regulations on the protection of endangered, rare, and precious animals if all elements of the crime are present.

+Criminal liability will be pursued for acts of fishing that violate regulations on the protection of aquatic resources; and for the exploitation of endangered, rare, and precious aquatic species. Conversely, according to this Resolution, Vietnam will also prosecute foreigners for the act of bringing fishing vessels to exploit aquatic resources illegally in Vietnamese waters. This includes foreigners using fishing vessels to enter Vietnamese waters to exploit aquatic resources without completing the required entry procedures, and being prosecuted for violating entry regulations under Article 347 of the Penal Code. In cases where foreigners legally enter Vietnamese waters using fishing vessels but engage in illegal fishing or commit other criminal offenses, they will be prosecuted according to the corresponding provisions of the Penal Code and international treaties to which Vietnam is a party, if the elements constituting a crime are present.

+ Criminal liability will be pursued for violations of regulations on the installation, management, and use of vessel tracking devices on fishing vessels that obstruct or disrupt the operation of computer networks, telecommunication networks, or electronic devices; forging seals or documents of agencies or organizations; using forged seals or documents of agencies or organizations to illegally exploit, buy, sell, or transport aquatic products; smuggling or illegally transporting aquatic products; and using fraudulent methods to buy or sell aquatic products.

This Resolution shall take effect from August 1, 2024. In cases where the offender has been tried before the effective date of this Resolution in accordance with previous regulations and guidelines, and the judgment has become legally effective, this Resolution shall not be used as a basis for appeal through supervisory review or retrial procedures.