BTO-Over the past 6 years, Vietnam has seriously implemented the EC's recommendations on IUU fishing, notably building a legal framework to bring the marine industry into line with international practices. Therefore, the 5th inspection scheduled for October is the last chance for Vietnam to regain its IUU "green card".
Increase fines, increase deterrence
The 2017 Fisheries Law, which took effect in 2019, is considered the highest legal framework for Vietnam's fight against IUU fishing. Along with that, many directives, decrees, resolutions, and circulars have been issued and continuously amended to control fisheries and improve the effectiveness of combating IUU fishing, thereby gradually reducing the number of violations. However, the implementation of a comprehensive fleet management and monitoring system, tracing the origin of aquatic products, and implementing legal regulations on IUU fishing still has many "patchy" gaps.
One of the reasons why illegal fishing continues in our country is because the law is not strict and the sanctions are not strong enough to deter. Therefore, two new decrees have been issued: Decree No. 37/2024/ND-CP amending and supplementing Decree No. 26/2019/ND-CP of the Government detailing a number of articles and measures to implement the Law on Fisheries; Decree No. 38/2024/ND-CP replacing Decree No. 42/2019/ND-CP of the Government on regulations on administrative sanctions for violations in the field of fisheries, like pieces of the puzzle that gradually complete the legal framework. In addition, Resolution No. 04/2024 of the Council of Judges of the Supreme People's Court guiding the prosecution of criminal liability for acts related to illegal exploitation, trading and transportation of aquatic products shows that the legal system on fisheries basically meets the requirements of international integration, ensuring sustainable and responsible management and development of fisheries as recommended by the EC.
Since the new decrees were issued, the ship owner (if he is the mastermind) who was previously innocent is now listed as a subject of administrative sanctions for fishing vessel owners who are not also captains and fishing vessel owners who are also captains for tighter management. Decree No. 38 also supplements and expands the authority to sanction and allows agencies and individuals with the authority to sanction administrative violations to use professional technical means and equipment to detect violations in fishing activities, protection of aquatic resources and aquaculture... Although these two decrees have only been effective since May 19, 2024, the Provincial People's Committee has imposed administrative sanctions on 2 cases for 188 million VND; Tuy Phong District People's Committee imposed 11 cases for 358 million VND; Phan Thiet City People's Committee imposed 3 cases for 75 million VND, La Gi Town People's Committee imposed 2 cases for 16 million VND. In addition, this Decree also stipulates that the act of turning off the journey monitoring device will be fined from 500 to 700 million VND, in order to increase deterrence, ships will no longer have the situation of hiding the rice pot or covering the device, turning off the device to avoid and deceive the authorities.
In particular, the Secretariat has just issued Directive No. 32-CT/TW on strengthening the Party's leadership in combating IUU fishing and sustainable development of the fisheries sector. The Secretariat requests Party committees, Party organizations, authorities, the Vietnam Fatherland Front, and socio-political organizations to identify combating IUU fishing as an important, urgent task of long-term significance for the sustainable development of the fisheries sector. This task is considered the responsibility of the entire political system and society, with a high determination to achieve the goal of removing the "Yellow Card" warning in 2024. This is also a solution to ensure sustainable development of the fisheries sector; ensuring livelihoods for millions of fishermen and related workers. At the same time, it contributes to enhancing the image, position, and prestige of Vietnam internationally.
Pioneering in issuing Directives related to combating IUU fishing
Considered the first province in the country to pioneer and immediately start implementing the fight against IUU fishing as soon as the Vietnamese seafood industry was "whistled" by the European Commission in October 2017. In early 2018, Directive No. 30 - CT/TU, dated January 16, 2018 of the Standing Committee of Binh Thuan Provincial Party Committee (term XIII) on urgent tasks and solutions to strengthen management, prevent and end the situation of fishing vessels and fishermen in the province illegally exploiting seafood in foreign waters was issued, marking an important moment for the seafood industry in the province to have a positive change from traditional fishing to responsible fishing and exploitation.
If in the period 2011 - 2017, the whole province had 51 cases/70 fishing boats/699 fishermen violating foreign waters, then since Directive No. 30 was issued until now, the whole province has only had 19 cases/24 fishing boats/172 fishermen violating foreign waters and were arrested by the authorities. Although this situation has not completely ended, the strong participation of the entire political system has helped fishermen in the province to change from awareness to action.
At the recent online conference summarizing 6 years of implementing Directive No. 30, Provincial Party Secretary Nguyen Hoai Anh emphasized: With the achieved results, the authorities must mobilize all resources and promptly overcome the shortcomings and limitations pointed out by the EC Inspection Team at the 4th inspection. At the same time, prepare well the conditions to work with the EC Inspection Team for the 5th inspection. The Vietnam Fatherland Front and socio-political organizations continue to innovate and improve the effectiveness of propaganda and education work for fishermen (ship owners and families of sea workers), in order to create a strong change in awareness, sense of law compliance, and commitment not to violate illegal exploitation in foreign waters.
Thereby, requiring Party committees, Party organizations, authorities, the Vietnam Fatherland Front and socio-political organizations from the province to the grassroots level to continue to thoroughly grasp and seriously implement Directive No. 45/CT-TTg; Directive No. 17/CT-TTg of the Prime Minister and Directive No. 32. During the implementation process, requiring heads of Party committees, Party organizations, authorities of coastal localities and relevant agencies to uphold their sense of responsibility, directly strengthen leadership and direction of the fight against IUU fishing; must consider this task as an urgent, regular and continuous task of the entire political system. Focus on drastically and synchronously implementing solutions to prevent and end the situation of fishing vessels and fishermen of the province exploiting seafood in violation of foreign waters...
In addition, the Provincial Party Secretary requested to change the way of propaganda and mobilize fishermen to promptly provide and report information related to violations for prevention and handling. Competent agencies and localities promptly commend and commend collectives and individuals who effectively implement measures to combat IUU fishing. Review, develop and supplement the Coordination Regulations between Binh Thuan province and relevant localities and law enforcement forces at sea (Navy, Coast Guard, Fisheries Surveillance) to strictly control and promptly prevent violations by fishing vessels operating outside the province and in overlapping border waters to support and create safety for fishermen engaged in offshore fishing activities...
With the close direction from the Secretariat, the promulgated replacement, amendment and supplementary decrees, the continuous directives of the Prime Minister, the National Steering Committee... on combating IUU fishing, it is hoped that the "gaps" in law enforcement will be filled, and the EC's recommendations will be clearly addressed. When the legal instruments are clear, the political system from the central to local levels make efforts and focus on synchronously implementing solutions, then in the upcoming 5th inspection, the opportunity for Vietnam to regain the IUU "green card" is no longer too fragile.
At the working session with Binh Thuan province last May, Deputy Minister Phung Duc Tien - Deputy Head of the National Steering Committee on IUU suggested that the province needs to implement more drastic and synchronous solutions to meet the requirements and overcome the recommendations of the EC. There is not much time left, from now until September is the time for the entire political system to focus on the work, must unanimously carry out the work of combating IUU fishing for the national interest, the interests of the people, because the upcoming 5th inspection by the EC is the last chance for Vietnam to remove the "yellow card".
MINH VAN, PHOTO: N. LAN
Source: https://baobinhthuan.com.vn/chong-khai-thac-iuu-truoc-dot-sat-hach-quan-trong-cuoi-cung-bai-4-phap-ly-ro-rang-go-the-vang-iuu-khong-con-xa-123452.html
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