Compared to previous regulations, Decree No. 38/2024/NĐ-CP introduces additional sanctions and more specific provisions regarding the penalty levels for administrative violations in the field of fishing and exploitation of aquatic products.

On April 5, 2024, the Government issued Decree No. 38/2024/NĐ-CP on penalties for administrative violations in the fisheries sector, replacing Government Decree No. 42/2019/NĐ-CP dated May 16, 2019. Compared to the previous text, Decree 38 has supplemented and provided more specific and detailed provisions regarding the sanctions for administrative violations in the field of exploitation of aquatic products, especially concerning the use of electricity or chemicals, prohibited substances for fishing.

Specifically, Clause 2, Article 28 of Decree 38 specifies the penalties for the use of electric shock devices or direct use of electricity from power generators on fishing vessels for the exploitation of aquatic products as follows: A fine from 5,000,000 VND to 10,000,000 VND for cases where the fishing vessel has a maximum length of less than 6 meters; A fine from 15,000,000 VND to 20,000,000 VND for cases where the fishing vessel has a maximum length from 6 meters to less than 12 meters; A fine from 20,000,000 VND to 30,000,000 VND for cases where the fishing vessel has a maximum length from 12 meters to less than 15 meters; A fine from 30,000,000 VND to 40,000,000 VND for cases where the fishing vessel has a maximum length of 15 meters or more.

Moreover, for the act of directly using electricity from the grid to exploit aquatic products without reaching the level of criminal liability, the applicable penalty is a fine from 40,000,000 VND to 50,000,000 VND.

Compared to previous regulations, Decree 38 has supplemented penalty levels for cases where fishing vessels with a length of less than 6 meters use electricity from power generators to exploit aquatic products. This new provision helps to complete the sanction framework, providing conditions for competent authorities to manage and strictly handle violations.

Similarly, Article 29 of this decree also elaborates and provides more detailed provisions regarding sanctions for the act of storing, using prohibited chemicals, toxic substances, explosives, or poisonous plants for the exploitation of aquatic products. Depending on the size of the fishing vessel, the applicable fine may range from a minimum of 3,000,000 VND to 5,000,000 VND (for vessels under 6 meters in length) to a maximum of 15,000,000 VND to 20,000,000 VND (for vessels from 24 meters in length and above).

For repeat offenses or multiple administrative violations, the fine levels will also range from a minimum of 5,000,000 VND to 10,000,000 VND (for vessels under 6 meters in length) to a maximum of 20,000,000 VND to 25,000,000 VND (for vessels from 24 meters in length and above).

Compared to Decree No. 42/2019/NĐ-CP, Decree No. 38 not only specifies and details the penalty levels for each type of offending fishing vessel but also increases the penalty levels for the act of storing prohibited chemicals, toxic substances, explosives, or poisonous plants on fishing vessels. This provision is expected to enhance deterrence and minimize administrative violations in the field of aquatic product exploitation.

This decree shall come into effect from May 20, 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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