DIRECTIVE 45/CT-TTG: ON A NUMBER OF TASKS AND SOLUTIONS TO REMOVE THE WARNING OF THE EUROPEAN COMMISSION AGAINST ILLEGAL, UNREPORTED AND UNREGULATED FISHING (IUU)

DIRECTIVE

ON A NUMBER OF TASKS AND SOLUTIONS TO REMOVE THE WARNING OF THE EUROPEAN COMMISSION AGAINST ILLEGAL, UNREPORTED AND UNREGULATED FISHING (IUU)

In 2008, the European Commission (EC) issued Regulation 1005/2008 on illegal, unreported and unregulated fishing (IUU). According to the regulation, the countries exporting exploited products to the European Union (EU) must comply with the regulations on IUU.

Vietnam has made a great deal of effort to conform to the regulations of EC on IUU, including step by step completing legal institutions, conducting aquatic resource survey to plan the fishing fleet, improving the vessel monitoring system, strengthening the enforcement force at sea. However, the management of fishing in Viet Nam has not met the requirements of the EC for the implementation of the IUU Regulation. On 23rd October 2017, the EC issued yellow card warning against Vietnamese fishery products exported to the EU. Although the Prime Minister has directed drastically and the Intersectoral Task Force, whose job is to address issues related to fishing vessels and Vietnamese fishermen arrested and handled by foreign countries (referred to as inter-branch Task Force 689 TW), has worked directly with some key provinces, Vietnamese fishing vessels still violate the waters of other countries and conduct illegal fishing.

To adopt urgent solutions to remove the EC warning on IUU as well as to maintain the prestige of the Vietnamese seafood brand; The Prime Minister requests the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and municipalities to strictly implement the following contents:

1. Continue implementing the Official Telegraph No. 732 / CD-TTg dated May 28, 2017 by the Prime Minister on prevention, mitigation and termination of Vietnamese fishing vessels and fishermen conducting illegal fishing in foreign waters.

2. The Ministry of Agriculture and Rural Development:

- Develop, submit and promulgate according to its own competence documents guiding the implementation of Fisheries Law 2017; Submit or correct immediately regulations related to illegal fishing while the implementation of Fisheries Law 2017 is still pending to ensure compliance with EC requirements for IUU.

- Submit to the Government for ratification of the accession of the United Nations’ Straddling Fish Stocks Agreement, FAO's agreement on port state measures; Provisions on the installation, management and operation of terminal equipment for the surveillance of fishing vessels at sea.

- Submit to the Prime Minister for approval of the Project on Fisheries Management Information System in Phase II to supervise fishing vessels in sea areas, to combat IUU; Designate ports which allow foreign vessels to land and transship aquatic products.

- Assume the prime responsibility for, and coordinate with the concerned ministries and branches in, elaborating plans and organizing negotiation delegations and dialogues with the EC; ensure informing and getting informed adequately and timely about the implementation of the EC recommendations on IUU and submit them to the Prime Minister for approval in the fourth quarter of 2017.

- Promulgate regulations on: (1) suspending the construction or upgrading of fishing trawl nets and keeping strict control over trawl nets; (2) banning the sale and transportation of certain sea cucumber species related to illegal fishing in the waters of other countries. (3) Research should be conducted to control and manage the diving profession, especially the conditions for occupational safety and the exploitation of rare and restricted fisheries.

- Develop a master plan and make the fishery control forces cooperate with the law enforcement forces on the sea to intensify patrol, inspection and control of fishing activities on the sea and at fishing ports in accordance with EC regulations (IUU will face the highest penalty). Ensure inspection at port of at least 20% of the yield on wharf for tuna, 5% for other products; 10% of the output of wharves for foreign ships transporting aquatic products into Vietnam.

- Declare the stocks of marine resources and reorganize fishing fleets in the sea areas to be suitable to the exploiting capacity of the aquatic resources.

- On 25^th of every month, publicly announce the list of fishing vessels and their owners that conduct IUU, update the list of fishing vessels, ship-owners and the origin of fishing vessels conducting IUU after October 23^rd 2017 to report to the Prime Minister.

- Re-organize activities of identification and certification of exploited fishery materials to ensure the accuracy; cross-check the information.

- Lead and instruct localities to deploy, collect and update Vietnam Fisheries Database (VNFISHBASE) in the direction of integrating information on fishing vessel registration, fishing license, and exploitation logbook and harbor production for fisheries management and traceability of harvested products.

- To assume the prime responsibility, in coordination with ministries, branches, localities, associations and commodity line associations for elaborating and organizing communication programs on IUU and solutions to actively overcome the EU’s yellow card warning of Vietnam.

- Actively coordinate with Vietnam Association of Seafood Exporters and Producers (VASEP), Vietnam Fisheries Society and other political and socio-political organizations in the implementation of EC recommendations on IUU.

- The Task Force 689 TW actively works with presidents of the People's Committees in key provinces where fishing vessels violate waters of other countries in order to alert and propose the Prime Minister to promptly correct them.

3. Ministry of Defence:

- Arrange border guards in coordination with specialized fishery inspectorates at fishing ports to organize the inspection and control of fishing ships and crews in and out of fishing ports; Update data to VNFISHBASE database.

- Direct law enforcement forces at sea to intensify the patrol, inspection, control and handling of IUU fishing vessels; Give priority to and overlapping waters with many fishing vessels; Prevent Vietnamese fishing vessels from violating foreign waters and assist fishermen in their work.

- On every 20^th, send the Ministry of Agriculture and Rural Development (through the Directorate of Fisheries) data on the handling of administrative violations committed by fishing ships violating the fisheries legislation (including information about fishing vessels violating IUU) to report in accordance with regulations.

4. The Ministry of Public Security:

Direct provincial police offices to intensify the work of detecting, verifying, investigating and strictly handling organizations and individuals of brokerage and sending fishing vessels and Vietnamese fishermen to illegally exploit marine products in foreign waters, acts of exploiting fishing vessels, exploiting marine products for smuggling and organizing illegal cross-border movements; and prosecute these cases according to the provisions of the Penal Code for such acts.

5. Ministry of Foreign Affairs:

- Coordinate with related ministries and agencies to promote diplomatic relations, influence the EU to soon remove the yellow card warning against Vietnamese marine products exported to the EU.

- Coordinate with the Ministry of Agriculture and Rural Development in negotiating and signing cooperation agreements on the prevention of IUU with other countries, territories and island countries in the Pacific region.

- Collaborate with the Ministry of Agriculture and Rural Development (MARD) to provide information on Vietnam's efforts to combat IUU in joint work and contacts with EU leaders and in multilateral forums.

6. Ministry of Industry and Trade:

- Direct Vietnam Trade Office in the EU to increase exchanges with the Directorate General for Maritime Affairs and Fisheries of the EC (DG-MARE); to monitor the situation closely and regularly, timely report to the Ministry of Industry and Trade on the EC's action on the situation of Vietnam in implementing the EC's recommendations and regulations on IUU exploitation.

- Proactively provide information to the Ministry of Agriculture and Rural Development (MARD), ministries, departments, localities and related associations for effective solution to the EC’s "yellow card" warning against Vietnam.

7. Ministry of Planning & Investment: Preside, appraise and submit to the Prime Minister the approval of the Project “Fisheries Management Information System, phase II”.

8. Ministry of Finance: Allocate funds to concerned ministries, departments and localities to implement the contents under the Prime Minister's direction in this Directive; coordinate with the Ministry of Agriculture and Rural Development and concerned ministries and departments in, handling cases that foreign ships transport raw materials originating from IUU fishing operations at ports in Vietnam.

9. Ministry of Information and Communications: Direct Vietnam Television, Radio the Voice of Vietnam, Vietnam News Agency and press agencies in coordination with ministries, departments, localities and authorities to promote law propagation, dissemination and education on the mass media, the press and the basic information system on the provisions related to IUU exploitation.

10. People's Committees of the coastal provinces and municipalities

Pursuant to this Directive, direct the elaboration of detailed plans and organize the implementation of urgent measures to overcome the EC warning on IUU, specifically as follows:

- The Chairmen of the People's Committee of the provinces, especially the key provinces with fishing vessels violating foreign waters, directs drastically and effectively solutions to end the situation where Vietnamese fishing vessels and fishermen conduct illegal fishing in foreign waters before June 30, 2018.

- Before January 15, 2018, develop a plan for overall inspection and control of fishing activities at sea and at the port of the province in 2018 in accordance with the format provided by the EC and the guidance of the Ministry of Agriculture and Rural Development. (The sample is posted on the website of the Directorate of Fisheries: www.tongcucthuysan.gov.vn.)

- Strictly abide by the regulations on management of vessels and measures to conserve and protect aquatic resources.

- Intensify the patrol, inspection and control and strict handle violations of IUU according to the provisions of the Decree providing for sanctioning of administrative violations in the fisheries domain and the Penal Code. Impose the highest penalties to ship owners and captains with illegal fishing in sea areas of other countries or territories, including depriving the right to use fishing permits permanently; impose criminal penalties on ship owners, captains of recidivism; Impose penalties on organizations and individuals that send fishing vessels and fishermen to illegally exploit marine products in foreign countries.

- Force offshore fishing vessels’ owners or captains to keep logs and fishing record, install and operate cruise control equipment as prescribed, turn on the equipment 24/24 and connected to the shore station of the sub-departments of Fisheries of the provinces.

- Revise the model and organize the number of fishing port managers in a compact and efficient manner, meeting the requirements of new tasks and arrangement of the specialized fisheries inspectorate force, the permanent border guard at fishing ports to organize the inspection and control of fishing ships entering and leaving ports; collect fishing logbook and reports; certify the origin of exploited aquatic raw materials and imported materials into Vietnam.

- Build up fisheries database system to integrate information on fishing vessels, fishing activities, fishing yields, registration and licensing of fishing vessels in localities.

- Developing a plan and conduct communication activities and positive propaganda about the Fisheries Law 2017 and IUU exploiting on newspapers, radios and local information systems.

- Organize training courses to improve the law enforcement capacity of ship owners, fishermen, captains and owners of logistic service providers.

- On the 20^th every month, report to the Ministry of Agriculture and Rural Development (through the Directorate of Fisheries) the list of violations of IUU exploitation according to the form posted on the website of the Directorate of Fisheries (www. .tongcucthuysan.gov.vn); as well as publish this list on the local mass media.

- Allocate sufficient funds and resources to effectively implement the above activities.

11. Relevant ministries, branches and localities shall organize the implementation of this Directive strictly. Report the results to the Ministry of Agriculture and Rural Development on the 20^th every month for synthesis and reporting to the Prime Minister.

12. The Ministry of Agriculture and Rural Development shall have to inspect, urge, monitor and sum up and report to the Prime Minister on the results of implementation of the Directive.