Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law deals with fishery activities; rights and responsibilities of organizations and individuals involved in fisheries and state administration of fishery.
Article 2. Regulated entities
This Law applies to Vietnamese organizations and individuals, foreign individuals engaged in fishery in land, islands, archipelago and sea of Vietnam; Vietnamese individuals engaged in commercial fishing activities outside the Vietnam’s maritime boundary.
Article 3. Definitions
For the purpose of this law, the terms below will be construed as follows:
1. “fishery activities” means protection and development of aquatic resources, aquaculture, commercial fishing; processing, sale, purchase, export and import of aquatic products.
2. “aquatic resources” means organisms that live in natural water and have economic, scientific, tourism and entertainment value.
3. “recreation of aquatic resources” means a process of self-recovery, recovery of and increase in aquatic resources.
4. “co-management” means a management method in which the State shares its power and responsibilities with communities in protection of aquatic resources.
5. “community" means an organization established by voluntary members who manage and share their benefits and protect aquatic resources in a certain area. This organization may be a legal entity or not and shall be recognized and assigned to engage in co-management by a competent authority.
6. “marine protected area (MPA)”means a protected area that is established at sea, islands, archipelagos or in coastal waters to preserve marine biodiversity.
7. “endangered, precious and rare aquatic species” mean aquatic species that spend majority of or the whole life cycle living in water, are valuable to economy, science, health, ecology, scenery and environment; these species have a small population size or are facing extinction.
8. “native aquatic species” means an aquatic originating from and living in the natural environment of a certain geographical region.
9. “aquatic breed" means a species of aquatic animals or seaweeds used for breeding in aquaculture, including animal parents, eggs, sperms, embryos, larvae, body pieces, spores and offspring.
10. “aquatic purebred" means an aquatic breed whose heredity and capacity are stable and having the same genes and phenotypes.
11. “aquatic breed raising” means raising of aquatic larvae through development stages and finishing when they become breeders.
12. “testing of aquatic breeds” means caring, raising and monitoring of aquatic breeds in certain conditions and periods to determine differences, stability and consistency of capacity, quality, resistance and harmful effects of the breeds.
13. “assessment of aquatic breeds” means inspection and re-appraisal of capacity, quality, resistance and characteristics of the aquatic breeds.
14. “aquatic feed” means a product providing nutrients and useful components for growth of aquatic animals, including compound feeds, supplemental substances, fresh feeds and materials.
15. “product for adjusting aquaculture environment" means a product used for adjusting physical, chemical and biological properties of the environment in favor of aquaculture.
16. “testing of aquatic feeds and products for adjusting aquaculture environment” means a process of inspection, assessment and determination of characteristics, uses and effects of aquatic feed and products for adjusting aquaculture environment on the aquaculture environment and aquatic feed safety.
17. “marine aquaculture waters” means an area of sea which includes seawater and seabed determined from the lowest average edge of seawater in multiple years seawards for aquaculture.
18. “commercial fishing” means catching or fishing logistics for catching aquatic resources.
19. "fishing logistics" means exploration and search for, enticement, transport of caught aquatic resources in natural water.
20. "commercial fishing vessels " means watercrafts with engine or not, including vessel for catching aquatic resources and fishing logistics vessels.
21. “ship of fishery authority” means a watercraft for carrying out missions during aquatic resource investigation and assessment; inspecting, patrolling, controlling and supervising fishery activities.
22. “ship officers” means the master, chief engineer officer and title holders as prescribed that are assigned to work on a commercial fishing vessel or a ship of.
23. “crewmembers” means people who are assigned to work on commercial fishing vessels and ships of fishery authorities by the shipowner or master other than ship officers.
24. “fishing port” means a port for commercial fishing vessels, including port land areas and port waters.
25. “land area of fishing port” mean an area used for building quays, warehouses, workshops, head offices, service facilities, systems of traffic, communication, electricity and water and auxiliary works serving the port’s operation
26. “fishing port waters” means an area of water used for creating waters in front of quays, turning basins, anchorages, transshipment areas, channels leading to fishing ports and other auxiliary works.
27. “tracing of aquatic product” means monitoring and identification of an aquatic product through each stage of commercial fishing, aquaculture, processing and trading.
28. “impurities” means substances which is not natural component of aquatic products,
29. “regional fisheries management organization (RFMO)” means an organization which is responsible for regulating and taking measures for managing and preserving migratory fishes and aquatic species in international waters.
Article 4. Ownership of aquatic resources
Aquatic resources are owned by the entire people and managed by the State. Organizations and individuals have the right to catch aquatic resources in accordance with regulations of law.
Article 5. Principles of fishery activities
1. Fishery activities shall ensure national defense and security.
2. Commercial fishing shall depend on reserve of aquatic resources in combination with protection, recreation and development thereof and shall not exhaust aquatic resources and affect biodiversity; according to ecosystems and scientific indicators, carefully approach to ensure sustainable development.
3. Fishery activities shall adapt to climate change, actively prevent and control natural disasters, ensure safety for people and means of fishery activities; prevent and control aquatic epidemics, ensure food safety and environment safety.
4. Organizations and individuals that enjoy benefits from catching and use of aquatic resources or are involved in sectors producing direct effects on aquatic resources shall their interests and responsibilities ensured.
5. Fishery activities shall meet requirements of international integration and comply with international treaties to which the Socialist Republic of Vietnam is a signatory.
Article 6. The State’s policies related to fishery activities
1. The State introduces investment policies on:
a) Research into, investigation, assessment, protection and recreation of aquatic resources and recovery of aquatic ecosystem; reservation of original breeds of native and endemic aquatic species having economic value and endangered, precious and rare aquatic species;
b) Building class-1 and class-2 fishing ports, sheltering anchorages, necessary infrastructure of MPAs, infrastructure of concentrated aquaculture areas and concentrated areas for producing aquatic breeds;
c) Building a system for monitoring and supervising activities of commercial fishing vessels at sea; a system of information and national database on fishery activities; a system for monitoring the environment and warning about epidemics in aquaculture environment.
2. According to each period and capacity of the state budget, the State provides assistance in:
a) Developing science and technologies, especially high, advanced and new technologies applied in generation of aquatic breeds; manufacture of national aquatic products and key aquatic products; manufacture of aquatic feed, products for adjusting aquaculture environment and technologies for processing by-products into food or materials for other economic sectors.
b) Developing human resources and providing vocational training in fishery;
c) Co-management in aquatic resource protection;
d) Building a large fishery center;
dd) Buying insurance for aquaculture at sea and island; crew accident insurance; insurance for hull and equipment of commercial fishing vessels extracting marine aquatic resources from the inshore route to the outer boundary of Vietnam's exclusive economic zone;
e) Developing fishery activities from the from the inshore route to the outer boundary of Vietnam’s exclusive economic zone; recovering production in case of environmental incidents, natural disasters and epidemics; providing assistance for fishermen when they are prohibited from extraction of aquatic resources or modify their vocations to reduce the coastal commercial fishing;
g) Building a national brand name, trade promotion and developing consumer market of aquatic products.
3. The State encourages domestic and foreign individuals and organizations to invest in activities prescribed in Clauses 1 and 2 of this Article and the following activities:
a) Organizing production according to value chain and model of association and cooperation;
b) Investing in advanced technologies applied in processing of aquatic products to improve value added of these products and reduce post-harvesting loss; building wholesale markets of aquatic products and promote brand names of aquatic products;
c) Investing in marine aquaculture and organic aquaculture;
d) Applying the quality management system to production and business of aquatic products; tracing of aquatic products.
Article 7. Prohibited actions in fishery activities
1. Destruction of aquatic resources, aquatic ecosystem, reproductive areas, areas where offspring live and residence of aquatic species.
2. Obstruction of natural migration patterns of aquatic species.
3. Encroachment of or damage to protected zones of aquatic resource and MPAs.
4. Catching of aquatic products, aquaculture and construction and other activities that affect the living environment and aquatic resources in subdivisions under strict protection and subdivisions of ecological recovery of MPAs.
5. Illegal operation of commercial fishing vessels and other watercrafts in subdivisions under strict protection of MPAs except for force majeure.
6. Illegal commercial fishing, failure to report and comply with regulations of law (hereinafter referred to as “illegal commercial fishing”); purchase, sale, transport, storage, preliminary processing and processing of aquatic products originating from illegal commercial fishing, aquatic products with impurities for commercial fraud purposes.
7. Use of banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources.
8. Use of fishing tackle for obstructing or causing damage to organizations or individuals that are engaged in fishing; anchoring or mooring vessels at places where commercial fishing tackle of organization or individuals that are engaged in fishing are located or places where other commercial fishing vessels are engaged in fishing, except for force majeure.
9. Throwing the fishing tackle in natural waters, except for force majeure.
10. Putting impurities into aquatic products for commercial frauds.
11. Use of antibiotics, veterinary drugs and plant protection drugs banned from use in aquaculture; chemicals, biological preparations and microorganisms banned from use in the production of aquatic feeds and products for adjusting aquaculture environment; use of aquatic breeds not included in the list of aquatic species permitted for trading in Vietnam for aquaculture.
12. Destruction and demolition causing damage to or encroachment of works in fishing ports and anchorages for avoiding storms; discharge of wastes into improper places in fishing ports and anchorages for avoiding storms.
13. Abuse of inspection, assessment of aquatic resources to cause damage to national defense, security, national interests, legal rights and interests of other organization and individuals; illegal provision and use of information and data on aquatic resources.
Article 8. International cooperation in fishery activities
1. Conclusion of and compliance with international treaties related to fishery activities.
2. Provision of assistance and investment in resources in fishery activities.
3. Provision of training in human resources; scientific research, technological development and technology transfer; exchange of information, trade and experience related to fishery activities.
4. Conservation and management of organism resources in international waters in accordance with regulations issued by regional fishery organizations and United Nations Convention on the law of the Sea 1982.
5. Cooperation in inspecting and taking actions against illegal commercial fishing inside and outside the territory of Vietnam in accordance with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.
Article 9. Fishery national database
1. The fishery national database shall be established consistently from central authorities to local authorities, be standardized for update, use and management thereof using information technology.
2. Organizations and individuals shall update and use the fishery national database in accordance with regulations of law.
3. The Minister of Agriculture and Rural Development shall prescribe update, use and management of the fishery national database.
Article 10. Co-management in aquatic resource protection
1. A community will be recognized and assigned to management in aquatic resource protection if it satisfies the following conditions:
a) its members are households and individuals living and benefiting from aquatic resources in this area;
b) It has submitted application for co-management in protection of aquatic resource protection in a certain geographical area which has not been managed by other organizations or individuals;
c) It has its own plans for protecting and extracting aquatic resources and operating regulations
2. Power to recognize and assign management to communities shall be specified as follows:
a) The People’s Committee of each province has power to recognize and assign management in aquatic resource protection in areas located in at least 2 districts;
b) The People’s Committee of each district has power to recognize and assign management in aquatic resource protection in areas under its management;
c) Recognition and assignment of management in aquatic resource protection in areas located in at least 2 provinces or central-affiliated cities shall be negotiated by People’s Committees of these provinces or cities.
3. Contents of a decision on recognizing and assigning management to communities includes:
a) Name of the community and its representative;
b) Scope of assigned management;
c) Location and boundary of the assigned geographical area;
d) Plans for protecting and extracting aquatic resources and operating regulations of the community.
4. Regulatory authorities have the following rights and responsibilities:
a) Make decisions on recognizing and assigning management in aquatic resource protection;
b) Provide assistance for communities involved in co-management;
c) Inspect and supervise activities of communities;
d) Amend and revoke decisions on recognizing and assigning management in aquatic resource protection;
dd) Exercise rights and carry out responsibilities prescribed by law.
5. A community is entitled to:
a) Organize and manage aquaculture, protection and extraction of aquatic resources, tourism in combination with fishery activities in areas under its management;
b) Patrol and inspect aquaculture, catching, protection and development of aquatic resources in areas under its management; request competent authorities to take actions against violations;
c) Prevent violations committed in areas under its management in accordance with regulations of law and its operating regulations;
d) Be consulted about projects and activities directly related to ecosystem or aquatic resources in the areas under its management;
dd) Preferential and supporting policies in accordance with regulations of law;
e) Establish a community fund.
6. A community shall:
a) Comply with contents specified in the decision on recognizing and assigning management prescribed in Clause 3 of this Article;
b) Comply with regulations of law on fishery activities and follow inspections carried out by the competent authority in accordance with regulations of law;
c) Cooperate with competent authority in patrolling, inspecting, investigating, preventing and taking actions against violations committed in the area under its management;
d) Submit reports on its operation to the competent authority in accordance with regulations of law.
7. A decision on recognizing and assigning management in aquatic resource protection will be revoked if:
a) Its contents are erased or changed;
b) The community is dissolved according to its operating regulations or regulations of law;
c) The community fails to implement the plan for protecting and extracting aquatic resources or comply with it operating regulations;
d) The decision is revoked for national defense and security or public purposes according to a decision issued by the competent authority;
dd) There are other violations in which the decision shall be revoked.
8. A decision on recognizing and assigning management will be adjusted if there are changes in its contents
9. The authority recognizing and assigning management has power to revoke and adjust the decision's contents.
10. The Government shall provide detailed guidelines for this Article.
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