Decree No.: 42/2019/ND-CP: Penalties for administrative violations agaisnt regulations on fisheries

Article 4. Penalties and remedial measures

1. The entity that knowingly commits any of the administrative violations in fishing industry shall be fined.

2. The violating entity shall, subject to the nature and severity of each administrative violation, also incur one or some of additional penalties as follows:

a) Suspension of license or practicing certificate or operations for a fixed period;

b) Confiscation of exhibits and instrumentalities of administrative violations, including: Fishing vessels, fishing gears, electrofishing equipment, chemicals, banned chemicals, toxins, fish and fishery products, certificates, licenses, permits or written approvals whose contents are erased or altered.

3. In addition to the remedial measures specified in Clause 1 Article 28 of the Law on penalties for administrative violations, this Decree also provides remedial measures as follows:

a) Enforced release of live aquatic animals;

b) Enforced transfer of dead aquatic animals of endangered, rare and precious species to regulatory authorities;

c) Enforced additional farming of endangered, rare and precious aquatic species as prescribed;

d) Enforced restoration to original conditions of functional sub-areas of marine protected areas, habitats of aquatic animals, marine areas, land areas, waters and facilities of fishing ports;

dd) Enforced destruction or repurposing of aquatic breeds, aquatic species, fishery products, aquatic feeds and aqua environmental remediation products;

e) Enforced re-export of aquatic breeds, aquatic species, aquatic breeds and aqua environmental remediation products;

g) Enforced recycling of aquatic breeds and aqua environmental remediation products;

h) Fishing vessel owners are compelled to cover costs for bringing their fishermen seized by foreign regulatory authorities into Vietnam;

i) Enforced destruction of fishing vessels which are prohibited from development or the ones built or modified without written approval from regulatory authorities;

k) Enforced flying of the national flag of the Socialist Republic of Vietnam or the flag of the ship’s nationality;

l) Enforced return of encroached areas;

m) Enforced re-export of fishing vessels.

Article 5. Fines and power to impose fines

1. The maximum fine for a violation against regulations on fisheries incurred by an individual is VND 1,000,000,000.

2. The fines prescribed in Chapter II hereof are imposed for administrative violations committed by individuals, except the administrative violations mentioned in Article 40 hereof. The fine incurred by an organization is twice as much as that incurred by an individual for committing the same administrative violation.

3. The fines imposed by the persons mentioned in Chapter III hereof are incurred by individuals. The fines they may impose upon organizations are twice as much as the fines they impose upon individuals.

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