Criminal handling of illegal exploitation and trading of aquatic products

Specifically, from August 1, 2024, acts such as exiting and entering the country toillegal fishing; violating regulations on aquatic resources protection; obstructing or disrupting the operation of computer networks and telecommunications networks to illegally exploit aquatic resources; violating the field of aquatic products trade as prescribed in the Penal Code No. 100/2015/QH13, amended and supplemented by a number of articles under Law No. 12/2017/QH14, will be guided by this Resolution, and a dossier will be built to handle and prosecute criminal liability.

+ Illegal and prohibited fishing activities according to the Law on Fisheries include: fishing without a license; fishing in prohibited fishing areas, during the prohibited fishing period; fishing and transporting prohibited fishing products; fishing aquatic species smaller than prescribed sizes; using prohibited fishing techniques and gear; illegally fishing aquatic species on the List of endangered, precious and rare aquatic species; illegally fishing aquatic species outside Vietnam's sea; fishing aquatic products exceeding the output of each species; fishing in the wrong area, or beyond the time limit stated in the license.

Acts of concealing, falsifying or destroying evidence of violations of regulations related to exploitation and protection of aquatic resources; preventing or opposing competent persons from inspecting and supervising compliance with regulations on exploitation and protection of aquatic resources; transporting or supporting vessels identified as having engaged in illegal fishing, except in cases of force majeure; not equipping or inadequately equipping or not operating communication equipment and VMS journey monitoring equipment as prescribed; not having a certificate of facility meeting food safety conditions as prescribed; temporarily importing, re-exporting, temporarily exporting, re-importing, transferring, transiting through the territory of Vietnam aquatic products and aquatic products originating from illegal fishing; not recording, recording incompletely, incorrectly, not submitting aquatic exploitation logbooks, not reporting as prescribed...

+A person who is prosecuted for criminal liability for the act of leaving the country to illegally exploit aquatic resources outside of Vietnam's waters is the highest commander on a fishing vessel who does not complete exit procedures for the fishing vessel, fishing vessel members and fishermen as prescribed or completes exit procedures but after leaving the country erases or deletes the fishing vessel registration number or writes the fishing vessel registration number that is not correct with the information issued by the competent authority so that the fishing vessel members and fishermen illegally exploit aquatic resources outside of Vietnam's waters, shall be prosecuted for criminal liability for the crime of violating regulations on exit as prescribed in Article 347 of the Penal Code.

+ Criminal liability shall be prosecuted for the act of organizing or brokering for others to exit or enter the country to bring fishing vessels and fishermen to illegally exploit aquatic resources outside of Vietnam's waters. In addition, the act of not completing exit or entry procedures as prescribed; completing exit or entry procedures but exploiting aquatic resources in areas not licensed or approved by competent authorities or with expired exploitation licenses.

The group of acts of brokering others to exit or enter the country to bring fishing vessels and fishermen to illegally exploit aquatic resources outside of Vietnam's waters; organizing or brokering others to bring fishing vessels and fishermen to exploit aquatic resources outside of Vietnam's waters, after which fishermen and members of fishing vessels flee abroad or stay abroad illegally shall be prosecuted for criminal responsibility for the crime of organizing or brokering others to flee abroad or stay abroad illegally if there are sufficient elements to constitute a crime. Directing, arranging, assigning, and operating fishermen who do not complete exit procedures as prescribed and perform one or more acts of exploiting aquatic resources shall be prosecuted for criminal responsibility for the crime of organizing others to illegally exit the country and the crime of destroying aquatic resources or the crime of violating regulations on the protection of endangered, precious, and rare animals if there are sufficient elements to constitute a crime.

+Criminal prosecution for acts of exploiting aquatic resources in violation of regulations on the protection of aquatic resources; exploiting endangered, precious and rare aquatic resources. On the contrary, according to this Resolution, Vietnam also prosecutes foreigners for the act of illegally using fishing vessels to exploit aquatic resources in Vietnamese waters. That is, foreigners using fishing vessels to enter Vietnamese waters to exploit aquatic resources without completing entry procedures as prescribed will be prosecuted for the crime of violating entry regulations under Article 347 of the Penal Code. In cases where foreigners use fishing vessels to legally enter Vietnamese waters but illegally exploit aquatic resources or commit other acts of violating criminal law, they will be prosecuted for criminal responsibility under the corresponding provisions of the Penal Code and international treaties to which Vietnam is a member if there are sufficient elements constituting a crime.

+ Prosecute criminal liability for violations of regulations on installation, management and use of fishing vessel monitoring equipment that hinder or disrupt the operation of computer networks, telecommunications networks and electronic devices; forge seals and documents of agencies and organizations; use fake seals or documents of agencies and organizations to illegally exploit, buy, sell and transport aquatic products; smuggle and illegally transport aquatic products, and use fraudulent tricks to buy and sell aquatic products.

+ This Resolution takes effect from August 1, 2024. In case the offender has been tried before the effective date of this Resolution in accordance with previous regulations and instructions and the judgment has taken legal effect, this Resolution shall not be used as a basis for appeal under the supervisory or retrial procedures.