Bước ngoặt của ngành thủy sản – Tạp chí Thủy sản Việt Nam

Ms. Phan Thi Hue – Director of the Legal – Inspection Department (General Department of Fisheries) To have a deeper understanding of this issue, Vietnam Fisheries Magazine had an interview with Ms. Phan Thi Hue – Director of the Department of Fisheries. Legislation – Inspector (General Department of Fisheries).
Dear Director, Fisheries Law 2017 right from the moment the draft was consulted and approved, is considered a turning point for the fisheries industry. So what is the “turning point” here?
Director General Phan Thi Hue: Firstly, the Law has created a legal framework to comprehensively regulate activities in the fisheries sector in order to transform Vietnam’s fisheries from the people’s individual occupation to responsible and sustainable development. steady. Second, create a legal framework for Vietnam’s fisheries to gradually meet international requirements, in accordance with the international treaties that Vietnam has signed or acceded to, and at the same time apply the provisions of the treaties, collective International standards and foreign laws are consistent with the basic principles of Vietnamese law, the reality of domestic seafood activities and the increasingly deeper integration trend of Vietnam’s seafood industry. Third, create a legal framework to socialize a number of public services, simplify administrative procedures, and reduce business investment conditions in fisheries activities; maximum decentralization for localities to carry out licensing and certification in fisheries activities.
What are the new points of the 2017 Fisheries Law compared to the 2003 Law, Mr. Director?
Director General Phan Thi Hue: Compared with the 2003 Fisheries Law, the 2017 Fisheries Law has many new contents with basic new points such as: Regulations on co-management in the protection of aquatic resources (Article 10). This is a new content compared to the 2003 Law on Fisheries, in order to create a legal basis for the State to share and delegate management rights to community organizations in the protection of aquatic resources, to encourage people, associations and organizations to protect aquatic resources. , associations … join with local authorities in managing activities of protecting aquatic resources. This regulation aims to raise people’s awareness and responsibility in the protection of aquatic resources, step by step implement the policy of socialization, strengthen the role and responsibility of the community in the management of marine conservation activities. protect aquatic resources. Planning on protection and exploitation of aquatic resources, survey and assessment of fishery resources (Articles 11 and 12): The Law affirms: Every 5 years, the Ministry of Agriculture and Rural Development conducts an investigation and assessment of aquatic resources and habitat of aquatic species to protect and effectively and sustainably exploit aquatic resources. Regulations on the Fund for the protection and development of aquatic resources in Article 21 and encouragement of the establishment of a community fund (Article 22): The law clearly defines the fund as consisting of two levels: the central fund and the provincial fund. Accordingly, the Minister of Agriculture and Rural Development decided to establish a central fund; Provincial-level People’s Committee chairpersons decide to establish provincial-level funds based on local needs and mobilized resources. Along with that, in order to increase resources from the community, the Law stipulates to encourage the establishment of a Community Fund to support the protection and development of aquatic resources in the community. Regarding aquaculture (Chapter III, Articles 23 to 47): The Law specifically stipulates the management of aquatic breeds, feed and environmental treatment products in aquaculture in the direction of system management. , input control from the base condition and pre-qualification certification before operation. The law affirms: Aquaculture by cages, rafts or main aquaculture products must be registered with the provincial fisheries state management agency. In addition, the Law stipulates conditions for non-food aquaculture; The competent state agency will issue a certificate of eligibility for the aquaculture establishment if the owner requests it. Along with that, the Law affirms that aquaculture at sea must be licensed and authorized to allocate marine areas for aquaculture; The term of sea area assignment is raised to 30 years and can be extended for a maximum of 20 years. Regarding the licensing of fishing (Article 49). Specifically, the Law stipulates quotas for fishing permits, and allowed catches for some distant migratory fish species and herd-grouping aquatic species. This is a new step compared to the 2003 Law on Fisheries to be in line with international law on the protection and conservation of aquatic resources. This clearly shows the change in the approach to law-making, which is an ecosystem-based approach. The Law determines: The results of investigation and assessment of aquatic resources are the basis for determining quotas for fishing licenses. At the same time, the Law stipulates thorough decentralization of fishing licenses to the Provincial People’s Committee. The Ministry of Agriculture and Rural Development determines and assigns fishing license quotas according to the number of fishing vessels and the allowed catches by species of a number of migratory species and species that have the habit of swarming in the high seas to the provinces. central cities. Provincial-level People’s Committees determine quotas for fishing permits and allowable catches by species in coastal and inland areas under their management. Thus, through quota management to control fishing power, manage and develop sustainable fishing vessels. License quotas are announced and adjusted every 60 months. In case there is a change in resources based on the results of investigation and assessment of aquatic resources by topic and annual commercial fishery, the Ministry of Agriculture and Rural Development and the Provincial People’s Committee shall adjust the allowed catch by species. . Regulations on management of fishing vessels, fishing ports and storm shelters for fishing vessels (Articles 62 to 85); Management of fishing vessels: Change management from capacity (CV) to management according to the maximum length of the vessel. Fishing vessels with the largest length of 6 m or more participating in fishing must have a permit, fishing vessels with the largest length of 12 m or more must undergo registration, and fishing vessels with the longest length of 15 m or more must be registered. m or more must install cruise equipment according to the regulations of the Ministry of Agriculture and Rural Development. For new-build establishments, converted and fishing vessels, the Law stipulates the conditions of such establishments and must be certified by the competent authority before operating. When building or converting a fishing vessel, it must be approved in writing by a competent authority. The Law affirms: Provincial People’s Committees shall publicize quotas of fishing licenses and the number of newly issued local fishing licenses at sea; grant written approval to build, convert, lease and purchase fishing vessels at sea based on quotas for fishing licenses; develop and publicize specific criteria of the locality and the process of reviewing and approving dossiers of application for approval for building, converting, leasing or purchasing fishing vessels at sea; regulations on building, converting, leasing and purchasing fishing vessels operating inland under their management. New in the Law on Fisheries 2017 is the regulation on socialization of registration of fishing vessels. The purpose is to mobilize resources from the society to invest in this activity in order to reduce the load on state management agencies and create favorable conditions for the people; implement the current policy of the Party and State on strengthening the socialization of public services. However, establishments that register fishing vessels must be certified by a state management agency of their eligibility before participating in activities. At the same time, the head of the registration facility must be responsible before law for the results of the registration and issuance of the certificate of technical safety of the ship and the surveyor is responsible for the results of the inspection, classification and issuance of the ship’s technical safety certificate. certification of technical safety of fishing vessels… Regarding fishing ports: The law affirms that the organization managing the fishing port is responsible for arranging locations for functional forces to perform state management work at the port; certify that aquatic products originating from catches are transported to the port, collect and receive fishing logs and reports from the captains and owners of fishing vessels. The law stipulates: fishing vessels operating from the high seas outward must call at ports designated by the Ministry of Agriculture and Rural Development. Along with that, the Law assigns the Ministry of Agriculture and Rural Development to publish the list of fishing vessels violating regulations on illegal fishing, designate fishing ports that are eligible to certify that aquatic products originate from catches. Regarding Fisheries Control (Chapter VI from Articles 89 to 95): The Law affirms that the Fisheries Inspectorate is a specialized force of the State, performing the function of ensuring the enforcement of the law on exploitation and protection of fishery resources of the State. Vietnam and relevant international treaties to which Vietnam is a signatory…
In the field of fishing, the Fisheries Law 2017 has strict regulations in line with the requirements of many markets, especially IUU. Can the director share more about this? And according to the Director, what should fishermen pay attention to?
Director General Phan Thi Hue: The contents related to the EC’s recommendation on IUU are reflected in the regulations on fishing as follows: – Regulations on quotas for fishing permits at sea. The quota is determined on the basis of results of investigation and assessment of fishery resource reserves; trend of changes in aquatic resources; maximum total fishery production for sustainable fishing; the structure of occupations, objects of exploitation, sea areas of exploitation; allowable catch by species for aquatic species that migrate long distances or aquatic species with herd behavior. – One of the conditions for organizations and individuals to be licensed to fish is: while the license quota remains, for fishing vessels with a length of 15 m or more, they must install cruise monitoring equipment and The license can only be re-issued when the fishing log has been submitted in accordance with regulations and the fishing vessel is not on the list of illegal fishing vessels published by the Ministry of Agriculture and Rural Development. The Law affirms that the license is revoked in case of illegal fishing outside Vietnam’s waters. – Organizations and individuals engaged in fishing must hang the national flag of Vietnam on fishing vessels when operating; mark fishing vessels according to the sea area, mark the fishing gear being used at the fishing ground according to regulations; recording and submitting reports and diaries of fishing; fishing outside Vietnam’s waters approved by the Ministry of Agriculture and Rural Development, for fishing vessels exploiting fishery products in the waters of other countries, territories or waters under the management of regional fisheries organizations; approved by the competent authority of a coastal country or territory or granted a quota by a regional fisheries management organization to Vietnam… exploit; stipulates 14 acts that are considered illegal exploitation. In order to achieve the goal of shifting from personal occupation to responsible fishing and sustainable development, fishermen need to strictly comply with the provisions of the law on combating illegal, unreported and unregulated fishing. regulations such as: no illegal fishing outside Vietnam’s waters; strictly abide by regulations on areas, fishing gear, fishing professions, and marking fishing vessels; record and submit exploitation log and report according to regulations; install cruise monitoring equipment according to regulations…
Can the director add that when the 2017 Fisheries Law comes into practice, what decrees and circulars will be included?
Director General Phan Thi Hue: Based on the contents assigned in the Law and the direction of the Prime Minister in Decision No. 390/QD-TTg dated April 11, 2018 on promulgating the implementation plan of the Law Forestry and Fisheries Law, there will be 03 Decrees, 10 Decisions of the Prime Minister and 09 Circulars guiding the implementation of the Law on Fisheries in the coming time.
Thank you very much, Head of Department!

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