Law on Fisheries No. 18/2017/QH14

Identification and legal basis

Law No. 18/2017/QH14 on Fisheries (Luat Thuy san) was passed by the National Assembly of the Socialist Republic of Vietnam on 21 November 2017 in Hanoi. It was adopted on the basis of the Constitution of the Socialist Republic of Vietnam and is the comprehensive statute governing fisheries in Vietnam.

Scope and subjects of application

The Law governs fisheries activities, including protection and development of aquatic resources, aquaculture, capture fisheries, preservation, processing and trading of aquatic products, management of fishing vessels and fishing ports, fisheries surveillance, and state management of fisheries. It applies to Vietnamese organizations and individuals and foreign organizations and individuals engaged in fisheries activities within Vietnam's jurisdiction, and to other related entities.

The Law establishes principles for fisheries operations, State policies for fisheries development, prohibited acts, international cooperation, the national fisheries database, co-management in protection of aquatic resources, and planning for protection and exploitation of aquatic resources.

Key management contents

On the basis of the excerpt provided (Articles 1 to 96, abridged), the Law provides the following principal regimes:

Protection and development of aquatic resources: investigation and evaluation of aquatic resources, protection, restoration and development of aquatic resources, management of marine protected areas and aquatic resource protection areas, management of aquatic resources and ecosystems, and management of aquatic resources in specific water bodies. It also regulates financing for protection and development, including the Fund for protection and development of aquatic resources and community funds.

Aquatic seed, feed and aquaculture inputs: management of aquatic seed, conditions for production and nursing establishments, issuance, re-issuance and revocation of Certificates of eligibility, rights and obligations of producers and traders, import and export, testing and inspection of aquatic seed, labeling and transport dossiers, and management of aquatic feeds and products for treatment and improvement of the aquaculture environment, including production, trading, import and export conditions and obligations.

Aquaculture: conditions for aquaculture establishments, competence to license aquaculture, management of breeding, grow-out and ornamental aquaculture, environmental Monitoring and warnings, rights and obligations of aquaculture entities, and allocation, rent and land recovery for aquaculture and allocation of sea areas for aquaculture, including recovery and requisition of allocated sea areas and rights and obligations of organizations and individuals allocated sea areas.

Capture fisheries and fishing vessel management: management of fishing grounds, quotas for fishing Licenses, fishing Licenses, issuance, extension, re-issuance and revocation of fishing Licenses, rights and obligations of fishing License holders, conditions for fishing outside Vietnamese waters, and conditions and licensing for foreign organizations and individuals fishing in Vietnamese waters, including the role of observers on foreign vessels. It also provides for combating illegal, unreported and unregulated fishing and confirmation and certification of origin of aquatic products.

Vessels, safety and crew: management of new building, conversion, rent and purchase of fishing vessels, conditions and certification for building and conversion establishments, import and export of fishing vessels, assurance of technical safety, registration and inspection of fishing vessels, conditions for inspection establishments, registration and deregistration of fishing vessels and rights and obligations of vessel owners, crew members, captains, and public fisheries vessels.

Infrastructure and enforcement: planning and investment in the fishing port and storm shelter system, classification, opening and closing and management of fishing ports, regulations for Vietnamese and foreign fishing vessels at ports, classification and management of storm shelters, functions, tasks, powers and organization of Fisheries Surveillance (Kiem ngu), fisheries surveillance officers, crew of surveillance vessels, collaborators, equipment and funding, and provisions on purchase, sale, preliminary processing and processing of aquatic products.

Effect and transition

The excerpt provided does not state the effective date or the handling of superseded legislation. On the basis of the full instrument, this Law replaces the former Law on Fisheries and takes effect as stipulated in its transitional and enforcement provisions, with detailed implementation to be guided by the Government, ministries and relevant authorities.