Compared to previous regulations, Decree 37/2024/NĐ-CP provides more detailed and stringent provisions regarding the conditions and standards for granting licenses to fishing vessels for exploitation outside Vietnamese waters. With the advantage of a long coastline and abundant aquatic resources, fishing and exploitation of aquatic products are among the professions that provide stable income in Vietnam. Not limited to domestic waters, fishermen are now aiming to exploit and fish outside Vietnamese waters. Therefore, it is essential to establish strict conditions for fishing vessels to operate outside Vietnamese waters.

On April 4, 2024, Decree No. 37/2024/NĐ-CP was amended and supplemented regarding certain provisions of Government Decree No. 26/2019/NĐ-CP detailing some articles and measures for the implementation of the Fisheries Law, which was issued, focusing on adjustments and additions to the conditions for fishing vessels to operate and exploit outside Vietnamese waters, a matter of considerable public interest

Specifically, Article 1, Clause 23 of Decree No. 37/2024/NĐ-CP specifies the conditions that fishing vessels must meet as follows:

Firstly, Fishing vessels with a length of 15 meters or more must install automatic voyage monitoring equipment to transmit information and data via satellite information systems and must not be included in the list of fishing vessels violating regulations on illegal exploitation;

Secondly, Fishing vessels must be equipped with maritime communication equipment, including Very High Frequency (VHF) radio transceiver with selective calling and Digital Selective Calling (DSC) on channel 70 or 16; Medium Frequency/High Frequency (MF/HF) radio transceiver; automatic reception of maritime information and weather (NAVTEX); emergency position indicating radio beacon (EPIRB);

Thirdly, Fishing vessels must have an International Maritime Organization (IMO) number as required in cases where the fishing vessel operates in the waters under the jurisdiction of the fisheries management organization or in the waters of other countries or territories with requirements;

Fourthly, there must be a supervisor as required by the regional fisheries management organization or coastal state;

Fifthly, Crew members and workers on fishing vessels must have a Certificate of Completion of Fisheries Management Training in international waters issued by the State fisheries management agency under the Ministry of Agriculture and Rural Development for cases where a license is issued for exploitation in waters managed by the regional fisheries management organization.

Compared to the provisions of Article 46 of Decree No. 26/2019/NĐ-CP, Decree 37 has more stringent and specific regulations regarding the conditions for fishing vessels to operate and exploit aquatic products outside Vietnamese waters. This has created a solid legal framework to control fishing vessels operating beyond Vietnamese territorial waters.

This decree shall come into effect from May 19, 2024.

This news bulletin is for informational purposes regarding newly enacted legal regulations and is not intended for specific advice or application in individual cases.

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