Cases of stopping fishing vessels for inspection and control in Vietnam

Cases of stopping fishing vessels for inspection and control in Vietnam (Internet image)

On November 22, 2022, the Minister of Agriculture and Rural Development of Vietnam issued Circular 18/2022/TT-BNNPTNT on regulations and procedures for sea patrol, inspection, and control of the Fisheries Resources Surveillance Force.

1. What are inspection and control?

According to Clause 3, Article 3 of Circular 18/2022/TT-BNNPTNT, inspection and control mean the act of reviewing and comparing records, documents, and implementation of regulations related to people, fishing vessels, and aquatic products according to fishing and aquatic resource protection laws.

2. Cases of stopping fishing vessels for inspection and control in Vietnam

Cases of stopping fishing vessels for inspection and control according to Article 11 of Circular 18/2022/TT-BNNPTNT are as follows:

- Violations or signs of violations against fishing and aquatic resource protection laws are detected or recorded directly or via professional equipment.

- Information or notifications on violations against fishing and aquatic resource protection laws from organizations and individuals are received.

- Superior management agencies or competent agencies direct or request the stopping of fishing vessels.

- There are other signs of law violations as prescribed by the law.

- The inspection of compliance with fishing and aquatic resource protection laws is performed.

3. Regulations on Fisheries resources surveillance force in Vietnam

3.1. Who is Fisheries resources surveillance force?

According to Article 87 of the Law on Fisheries 2017, the Fisheries resources surveillance force is a state force which exercises Vietnam law and relevant international treaties to which the Socialist Republic of Vietnam is signatory related to extraction and protection of aquatic resources.

3.2. Duties and power of the Fisheries Resources Surveillance force in Vietnam

Duties and powers of Fisheries Inspectors according to Article 88 of the Law on Fisheries 2017 are as follows:

- The fisheries resources surveillance force shall:

+ Patrol, inspect, control, investigate and take action against violations of laws, apply measures for preventing violations in accordance with regulations of law;

+ Propagandize, popularize and provide education about Vietnam laws, international laws and laws of relevant countries on fisheries; instruct fishers and relevant organizations and individuals to implement regulations of law on fisheries;

+ Appoint force to cooperate in rescue in accordance with regulations of laws; be engaged in natural disaster prevention and control;

+ Protect Vietnamese sovereignty, sovereign rights and jurisdiction over the waters in accordance with regulations of law;

+ Promote international cooperation in fisheries resources surveillance;

+ Take charge and cooperate with relevant organizations in providing training for officials, public employees, members of the fisheries resources surveillance (hereinafter referred to as “surveillance members”), ship officers on fishery surveillance ships;

+ Cooperate with other relevant authorities in fisheries resources surveillance.

- The fisheries resources surveillance has power to:

+ Request relevant organizations and individuals to provide necessary information and documents for inspecting, patrolling, controlling, investigating, detecting and taking actions against violations of law on extracting and protecting aquatic resources;

+ Manage and use weapons, combat gears, technical equipment and professional methods for carry out fisheries resources surveillance in accordance with regulations of law on management and use of weapons, explosives and combat gears and other relevant regulations of law;

+ Chase, arrest and apply prevention methods for people and vehicles failing to comply with orders, resisting or deliberately running away in accordance with regulations of law.

More details can be found in Circular 18/2022/TT-BNNPTNT effective from January 9, 2023.

Quoc Dat

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