Ensuring Legal Compliance in Addressing Difficulties and Obstacles in the Implementation of IUU Regulations

At the meeting, Mr. Tran Dinh Luan, Director General of the Department of Fisheries and Fisheries Surveillance under the Ministry of Agriculture and Environment, representative of the drafting agency, presented key contents of the draft Resolution.

The draft Resolution notably allows for the revocation of Fisheries Exploitation Licenses in certain cases, such as when the fishing vessel holding the license is no longer under the lawful ownership or usage rights of an organization or individual; when the vessel loses connection with the monitoring device while operating at sea, continuously detected on the vessel monitoring system for a period of three months or more from the date the competent authority issues a written notice; when the vessel changes the type of profession or fishing gear registered on its license; or when the vessel has committed serious fisheries violations two or more times within a 12-month period, having been administratively sanctioned but continues to re-offend.

Additionally, the draft Resolution permits the deregistration of vessels in cases where the vessel has been detained and sanctioned by foreign authorities; or when the vessel loses connection with the monitoring device while operating at sea, continuously detected on the vessel monitoring system for a period of 12 months or more from the date the competent authority issues a written notice.

At the meeting, participants suggested that the scope of the Resolution should be correctly defined, indicating that contents related to amendments of Decrees or Circulars should be separated and handled under a separate procedure, rather than included in the draft Resolution issued under the special mechanism, to ensure legality and maintain the stability of the legal system.

Several opinions highlighted a major bottleneck in current law enforcement: penalties mainly target the captains, while the vessel owners—the primary beneficiaries—can evade responsibility. In reality, many captains are merely employees and cannot decide the vessel’s course. Consequently, the draft proposes stronger measures to hold vessel owners directly accountable for serious violations, particularly acts involving illegal fishing in foreign waters.

Some participants noted that current penalties, especially for failure to mark vessels, are too low and insufficiently deterrent, proposing higher fines aligned with the European Commission’s (EC) recommendations. Others suggested establishing an effective coordination mechanism, potentially an “interagency task force,” to enhance law enforcement effectiveness at the local level, as anti-IUU efforts at the grassroots, especially at the commune level, face significant challenges due to lack of coordination among forces such as Border Guard, Police, and Fisheries authorities.

In conclusion, Deputy Minister Phan Chi Hieu stated that the Council agreed on the necessity and urgency of issuing a Government Resolution to address difficulties and obstacles in the fisheries sector, particularly to meet the goal of lifting the European Commission’s “golden card” by 2025. However, the Council also set out important requirements to review and finalize the draft to ensure constitutionality and legality before submission to the Government.

Regarding the regulatory scope, the Deputy Minister emphasized that the Council paid special attention to this issue. Since the draft Resolution is developed under the special mechanism of National Assembly Resolution 206, its scope should focus only on provisions “different from the law” to address urgent, emerging issues not yet regulated by the Law. The Council requested the drafting agency to separate and remove content that amends or supplements Decrees and Circulars. Combining both types of provisions into a single special Resolution is inappropriate and inconsistent with the spirit of Resolution 206.

The Council particularly noted provisions related to vessel deregistration and license revocation, as these matters may affect property rights and the freedom to conduct business—fundamental human and citizen rights guaranteed by the Constitution, which can only be restricted by law.

The Council concluded that the draft is eligible for submission to the Government after incorporating and revising all feedback from Council members. The Deputy Minister requested the drafting agency to urgently finalize the documents, focusing on clarifying the legal basis, scope of application, and providing detailed explanations of the content as required by the Council; the Department of Legal Document Inspection and Administrative Violation Management will prepare a detailed appraisal report.