Fisheries Law No. 17/2003/QH11

LAW

Aquaculture

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Law stipulates fishery activities.

PART I
GENERAL PROVISIONS

 Article 1.Object and scope of application

This Law applies to fishery activities of organizations and individuals of Vietnam, foreign organizations and individuals on land, islands, inland waters, territorial seas, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Law, such treaties shall be applied.

Article 2. Definitions

1. Fishery resources are biological resources in natural water areas with economic and scientific value for developing fishing industries, conserving and developing fishery resources.

2. Fishery activities include conducting fishing, breeding, transporting caught fish; preserving, processing, buying, selling, exporting, importing fish; services in fishery activities; investigating, protecting, and developing fishery resources.

3. Restoring fishery resourcesis the process of natural recovery or activities aimed at recovering and increasing fishery resources.

4.Fishingis the act of exploiting fishery resources in the sea, rivers, lakes, ponds, swamps, and other natural water areas.

5. Fishing grounds are marine areas with concentrated fishery resources identified for fishing vessels to exploit.

6. Aquaculture landincludes inland water areas such as ponds, lakes, swamps, rivers, streams, canals, ditches; coastal water areas; river and coastal tidal flats; beach sand dunes; land used for farmstead economies; non-agricultural land with water areas allocated or leased for aquaculture.

7.Marine water area for aquaculture is the marine water area planned for aquaculture.

8. New fishery species is a fishery species first imported into or first created in Vietnam.

9.are vessels specifically used for fishing, aquaculture, and seafood processing.refers to fishing vessels and other floating structures specifically used for fishing, breeding, preserving, and processing fish.

10.Fishing port is a specialized port for fishing vessels, including port land and anchorage areas. Port land includes wharves, warehouses, workshops, administrative areas, logistics services, fish trading, export, and import areas.

11. Individual in this Law means a person directly engaged in fishery activities or a representative of a household registered to conduct fishery business.

Article 3. Ownership of fishery resources

Fishery resources are public property under unified management by the State. Organizations and individuals have the right to fish according to the law.

Article 4. Principles of fishery activities

1. Ensuring economic efficiency while protecting, restoring, and developing fishery resources, maintaining biodiversity; protecting the environment and natural scenery. The development of various sectors in fishery activities must follow the national and local fisheries development plans.

2. Proactively preventing and mitigating the impact of natural disasters and aquatic diseases; ensuring safety for people, fishing vessels, facilities, and equipment in fishery activities.

3. Fishery activities must be combined with national defense and security assurance; protecting national sovereignty and interests on rivers and seas; complying with the provisions of this Law and other relevant laws.

Article 5. Sustainable fishery development

1. The State has policies to ensure sustainable fishery development; encouraging and creating favorable conditions for organizations and individuals to reasonably exploit and utilize fishery resources; ensuring the restoration of fishery resources and the development of aquaculture in the sea, rivers, lakes, ponds, swamps, and other natural water areas.

2. The State encourages organizations and individuals to invest in research and apply advanced technology, develop human resources, build infrastructure in fishery activities; develop clean aquaculture; promote fishery promotion activities to effectively serve fishery activities, protect and develop fishery resources; encourage organizations and individuals to participate in insurance for people and assets in fishery activities, except in cases where compulsory insurance is required by law.

3. The State develops fishery economy based on the fisheries development plan consistent with the overall socio-economic development plan within the country and each locality; ensuring that construction of facilities near rivers, coasts, or close to aquaculture areas does not affect fishery resources.

4. The Government determines the boundaries of the nearshore marine zone based on depth, distance from the coast, and other characteristics of the nearshore marine zone to classify it for coastal localities to organize comprehensive management of the nearshore marine zone in conjunction with production and business development.

Article 6. Prohibited acts in fishery activities

1. Illegally destroying coral reefs, submerged plant beds, mangrove forests, and other habitats; illegally obstructing the natural migration routes of aquatic species in rivers, lakes, ponds, straits, bays.

2. Exploiting aquatic species listed in the prohibited list, including those with time-limited prohibitions, except for scientific research purposes approved by the Government; fishing smaller than the specified size, except when permitted for breeding purposes.

3. Occupying, encroaching upon, or damaging designated inland water conservation areas and marine conservation areas; violating regulations in conservation area management rules.

4. Violating environmental protection laws concerning the living environment of aquatic species.

5. Fishing in prohibited areas or during prohibited periods; exceeding allowable catch limits.

6. Producing, circulating, using banned fishing gear; using prohibited methods to fish; using explosives, poisons, electric shocks, and other destructive methods.

7. Using fishing gear that impedes or causes damage to other organizations or individuals engaged in fishing; anchoring or mooring vessels in areas where other organizations or individuals are fishing or where other fishing vessels indicate they are fishing, except in cases of force majeure.

8. Dumping fishing gear into natural water areas, except in cases of force majeure.

9. Violating regulations on traffic safety, safety of works as stipulated by laws on maritime affairs, inland waterway transport, and other relevant legal provisions.

10. Violating planning regulations for aquaculture development.

11. Changing the purpose of land and sea surface area allocated or leased for aquaculture without permission from competent state agencies.

12. Raising new aquatic species for breeding without permission from the Ministry of Fisheries and prohibited species.

13. Conducting aquaculture activities not in accordance with planning, obstructing water flow, hindering fishing operations, adversely affecting other industries and professions.

14. Using drugs, additives, chemicals listed as prohibited for aquaculture, production of aquaculture feed, processing, and preservation of aquatic products; mixing impurities into raw materials and aquatic product outputs.

15. Releasing diseased farmed aquatic animals into farming areas or natural waters.

16. Discharging wastewater and waste from aquaculture seed production facilities, farming facilities, processing and preservation facilities into the surrounding environment without treatment or inadequate treatment.

17. Processing, transporting, or selling aquatic species listed as prohibited for exploitation; aquatic products from farming areas during restricted harvesting periods; aquatic products with toxic substance residues exceeding permissible limits; naturally toxic aquatic products dangerous to human life, except when permitted by competent state agencies.

18. Exporting or importing aquatic products listed as prohibited for export or import.

PART II
PROTECTION AND DEVELOPMENT OF AQUATIC RESOURCES

 Article 7. Protecting the living environment of aquatic species

1. Organizations and individuals have the responsibility to protect the living environment of aquatic species.

2. Organizations and individuals conducting aquaculture activities or other activities directly impacting the living environment, migration, and reproduction of aquatic species must comply with this Law, environmental protection laws, water resource laws, and other relevant legal provisions.

3. Organizations and individuals constructing, altering, or demolishing works related to the living environment, migration, and reproduction of aquatic species must conduct environmental impact assessments as prescribed by environmental protection laws.

4. Organizations and individuals exploiting aquatic resources using bottom trawls, nets, or other blocking methods in rivers, lakes, ponds, and reservoirs must reserve corridors for aquatic species movement as specified by local People's Committees.

Article 8. Conservation, protection, regeneration, and development of aquatic resources

1. The State has policies to conserve and protect aquatic resources, particularly endangered species, rare species, economically valuable species, and those of scientific significance; encourages scientific research to develop appropriate measures for the sustainable development of aquatic resources; invests in producing aquatic seeds to release into natural habitats and create artificial habitats to regenerate and develop aquatic resources.

2. Organizations and individuals have the obligation to implement conservation, protection, regeneration, and development of aquatic resources according to this Law and other relevant legal provisions.

3. The Ministry of Fisheries periodically publishes:

A) The list of aquatic species recorded in Vietnam's Red Book and other prohibited species; the list of species prohibited from exploitation for a limited time and the duration of prohibition;

B) Fishing methods, types of fishing gear prohibited or restricted in use;, C) Species, minimum size, and seasons allowed for exploitation;

D) Prohibited exploitation zones and zones with limited prohibition periods.

4. In cases deemed necessary and with the consent of the Ministry of Fisheries, provincial People's Committees may supplement the provisions of Clause 3 of this Article to suit local realities of aquatic resource exploitation.

Planning and management of inland water conservation areas and marine conservation areas

Article 9. 1. Based on national and international biodiversity standards, inland water conservation areas and marine conservation areas are classified into national parks, species and habitat conservation areas, and natural resource reserves.

2. The Government issues standards for classifying and announcing conservation areas; planning, construction, and hierarchical management of inland water conservation areas and marine conservation areas; promulgates management regulations for conservation areas of national and international importance.

3. Provincial People's Committees issue management regulations for conservation areas managed at the local level according to guidelines provided by the Ministry of Fisheries.

4. Organizations and individuals have the responsibility to protect inland water conservation areas and marine conservation areas according to the management regulations.

Financial sources for regenerating aquatic resources

1. Financial sources for regenerating aquatic resources include:

 Article 10. A) State budget allocations;

B) The Aquatic Resource Regeneration Fund formed from contributions by organizations and individuals involved in aquaculture, processing, trading, exporting, and importing aquatic products; contributions from organizations and individuals in industries directly impacting aquatic resources; domestic and foreign organization and individual sponsorships; other income as prescribed by law.

2. The Government regulates the management and use of financial sources for regenerating aquatic resources; specifies contributors, contribution levels, and exemptions or reductions in contributions to the Aquatic Resource Regeneration Fund.

EXPLOITATION OF AQUATIC RESOURCES

Principles of aquatic resource exploitation

CHAPTER III
EXPLOITATION OF AQUATIC RESOURCES

Article 11. Principles for Exploitation of Aquatic Resources

1. 开发海洋、河流、湖泊、泻湖、沼泽和其他天然水域的水生资源必须确保不耗尽水生资源；必须遵守捕捞季节、捕捞期限、捕捞区域、允许捕捞的水生资源种类和规格、年度许可捕捞量的规定，并且必须遵守本法和其他相关法律法规。

2. 使用适合被允许捕捞的水生生物种类大小的渔具和捕捞工具。

Article 12. 远海捕捞

1. 国家对远海捕捞活动的投资、职业培训、通信系统建设、资源调查、渔业预报、后勤服务、组织适合的生产形式等方面制定综合政策，以鼓励组织和个人发展远海捕捞。

2. 投资于远海捕捞活动的组织和个人应按照《鼓励国内投资法》执行，并享受国家提供的其他优惠政策。

3. 从事远海捕捞的组织和个人必须配备保证通信和救生设备；遵守有关海上事务的法律规定。

4. 船主应对在远洋捕鱼船上工作的船员购买强制保险负责。国家对自愿为船舶投保的船主提供鼓励政策。

保险条件、保险费和船员最低保险金额应根据保险业务法律的规定实施。

Article 13. 近海捕捞

1. 国家对近海捕捞活动的生产重组和职业结构调整制定政策，并在捕捞、养殖、加工、农业、林业和服务行业之间进行职业结构调整。

2. 从事近海捕捞的组织和个人如果转而从事远洋捕捞或养殖，则应接受指导、培训、获得资本支持，并根据国家政策分配土地和海域用于养殖。

3. 从事近海捕捞的组织和个人必须配备救生设备和气象监测设备；遵守内河航运和海上法律的相关规定。

Article 14. 水生资源调查研究

1. 国家投资于水生资源的调查、研究、评估以及绘制水生资源分布图。

2. 农业部牵头与相关部门和省级人民委员会合作，组织对各海域、渔场、大江大湖的水生资源进行调查和评估；公布渔场、捕捞区和各海域、渔场的年度许可捕捞量。

3. 省级人民委员会负责在其管辖范围内根据农业部的指南开展水生资源调查工作。

Article 15. 捕捞区管理

1. 在海洋、河流、湖泊、泻湖、沼泽和其他天然水域从事水生资源开发的组织和个人必须遵守本法和其他相关法律法规。

2. 政府负责划分海域和捕捞线；分配和分级管理职责给相关部门和地区，以确保各检查和监管力量在各海域和捕捞线上紧密配合、协调一致。

3. 省级人民委员会负责根据农业部的指导，在其管辖范围内的河流、湖泊、泻湖、沼泽和其他天然水域发布捕捞区规章；组织当地居民监督、发现并举报违反水生资源法律的行为。

Article 16. Fishing Permit

1. 从事水生资源开发的组织和个人必须持有捕捞许可证，但个人使用载重低于0.5吨的渔船或不使用渔船进行水生资源开发的情况除外。

2. 捕捞许可证的主要内容包括：

A) 捕捞作业类型和捕捞工具；

B) 允许捕捞的区域和线路；

C) 捕捞作业时间；

D) 许可证的有效期；

E) 法律规定的其他必要内容。

3. 政府规定捕捞许可证的申请程序、手续、分级审批权限和收回权限。

Article 17. Conditions for Issuing a Fishing Exploitation Permit

Organizations and individuals engaging in fishing exploitation must meet the following conditions to be issued a Fishing Exploitation Permit:

1. Having a business registration for fishing exploitation;

2. Possessing registered and inspected fishing vessels;

3. Having appropriate fishing gear and exploitation equipment;

4. The captain and chief engineer on fishing vessels must have appropriate certificates as prescribed by law.

Article 18. Revocation of Fishing Exploitation Permits

Organizations and individuals engaging in fishing exploitation will have their Fishing Exploitation Permits revoked in the following cases:

1. No longer meeting the conditions stipulated in Article 17 of this Law;

2. Seriously violating the provisions of this Law on fishing exploitation or having been administratively punished three times within the validity period of the Fishing Exploitation Permit for activities related to fishing;

3. Altering or tampering with the content of the Fishing Exploitation Permit;

4. Engaging in other violations as prescribed by law that require the revocation of the Fishing Exploitation Permit.

Article 19. Reporting on Fishing Exploitation and Keeping Fishing Exploitation Logs

1. Organizations and individuals holding a Fishing Exploitation Permit must report on fishing exploitation to the local fisheries management agency where the fishing vessel is registered.

2. For types of fishing vessels where, according to regulations of the Ministry of Fisheries, the captain must hold a captain's license, when conducting fishing exploitation activities, the captain is responsible for organizing the keeping of fishing exploitation logs.

3. The Ministry of Fisheries shall issue models, management systems, and contents of fishing exploitation logs; contents and reporting systems for fishing exploitation.

The People's Committee of the province shall be responsible for organizing reports on fishing exploitation within its jurisdiction in accordance with guidelines from the Ministry of Fisheries.

Article 20. Rights of Organizations and Individuals Engaging in Fishing Exploitation

1. To exploit fisheries in accordance with the contents recorded in the Fishing Exploitation Permit.

2. To be promptly informed by specialized agencies about weather conditions; to be informed about fishery resources, information on fishery activities, fishery markets, and guidance on fishing techniques.

3. To be protected by the State in terms of rights and legitimate interests derived from labor outcomes and investment results in fishing exploitation.

4. To enjoy other rights as prescribed by law.

Article 21. Obligations of Organizations and Individuals Engaging in Fishing Exploitation

1. To comply with the provisions recorded in the Fishing Exploitation Permit.

2. To pay taxes, fees, and charges as prescribed by law.

3. To mark fishing gear currently in use at fishing grounds with easily recognizable signs as prescribed by the Ministry of Fisheries.

4. To comply with inspections and controls conducted by authorized forces and agencies as prescribed by law.

5. To rescue persons and vessels in distress when encountering them.

6. To comply with regulations on managing fishing areas, protecting order, and security within the exploitation area.

7. To detect, report, and prevent violations of laws concerning fisheries.

8. Fulfill other obligations as prescribed by law.

Article 22. Prevention, Avoidance, and Mitigation of Natural Disasters in Fishing Exploitation

1. Organizations and individuals engaging in fishing exploitation must comply with legal provisions on disaster prevention and avoidance; they must have sufficient safety equipment as prescribed by law; they must proactively implement measures to prevent, avoid, and mitigate the effects of natural disasters; and participate in rescue operations.

2. Relevant state agencies must promptly organize and apply measures to rescue people, vessels, and other assets affected by accidents, incidents, or natural disasters during fishing exploitation.

PART IV
AQUACULTURE

Article 23. Planning for Aquaculture Development

1. The planning for aquaculture development is part of the overall plan for the development of the fisheries sector approved by the Government.

2. The Ministry of Fisheries shall take the lead in coordinating with relevant ministries and the People's Committees of provinces and centrally-administered cities to develop plans for aquaculture development nationwide and within each province and centrally-administered city.

Based on the plans approved by the Government and in accordance with guidelines from the Ministry of Fisheries, the People's Committees of provinces shall develop detailed plans to submit to the respective People's Councils for approval and report to the Ministry of Fisheries.

Based on the provincial or centrally-administered city aquaculture development plans approved and under the direction of the provincial People's Committee, the People's Committees of lower levels shall develop detailed plans for aquaculture zones within their management scope to submit to the respective People's Councils for approval and report to the higher-level People's Committee.

3. Any changes or additions to the planning for aquaculture development must be decided by the competent authority through the approval of the planning decision.

Article 24. Conditions for Aquaculture

1. Organizations and individuals engaged in aquaculture must meet the following conditions:

A) The location for constructing aquaculture facilities according to planning;

B) Aquaculture facilities must ensure technical conditions and standards for aquaculture; veterinary hygiene standards and environmental protection as prescribed by law;

C) Use types of feed and veterinary drugs that comply with the standards prescribed by law on veterinary medicine.

2. The Ministry of Fisheries shall issue standards, procedures, and regulations for aquaculture for aquaculture facilities; take the lead in coordinating with relevant ministries, ministerial-level agencies, and provincial People's Committees in guiding, organizing inspections, and recognizing aquaculture facilities operating under semi-intensive and intensive methods that meet food safety standards.

Article 25. Rights of organizations and individuals engaged in aquaculture

1. To be granted certificates of land use rights by competent state authorities for aquaculture purposes, and sea surface areas for aquaculture purposes.

2. To be protected by the State when their legitimate rights to use land for aquaculture and sea surface areas for aquaculture are infringed upon by others; to be compensated for losses when the State expropriates such land and sea surface areas for public interest, national defense, and security purposes before the expiration of the lease period as prescribed by law.

3. To be provided with dissemination, training, instruction, and transfer of new aquaculture techniques, new aquatic seed production techniques, disease prevention and detection techniques, notifications about environmental and disease conditions in aquaculture areas, and market information on aquatic products by specialized fisheries agencies.

Article 26. Obligations of organizations and individuals engaged in aquaculture

1. To use the assigned or leased land and sea surface areas for aquaculture purposes effectively and in accordance with their intended purpose, and to protect common facilities serving aquaculture.

2. To fulfill financial obligations related to the use of land for aquaculture and sea surface areas for aquaculture as prescribed by law.

3. To report statistical data on aquaculture as prescribed by law on statistics.

4. To return the land for aquaculture and sea surface areas for aquaculture when there is a decision to reclaim them as prescribed by law.

5. To comply with laws on environmental protection.

Article 27. Allocation, leasing, and reclamation of land for aquaculture

1. The allocation, leasing, and reclamation of land for aquaculture must comply with laws on land and other relevant laws.

2. Organizations and individuals allocated or leased land for aquaculture must perform their rights and obligations as prescribed by this Law, laws on land, and other relevant laws.

Article 28. Allocation and leasing of sea surface areas for aquaculture

1. The allocation and leasing of sea surface areas for aquaculture must be carried out according to the aquaculture development plan.

2. District, city district, town People's Committees allocate sea surface areas free of charge for individuals living in the locality who directly engage in aquaculture and whose main source of income depends on aquaculture, confirmed by the People's Committee of the commune, ward, or town where they reside, or must change their occupational structure as stipulated in Clause 1, Article 13 of this Law.

3. Provincial People's Committees lease sea surface areas for aquaculture in the following cases:

A) Organizations and individuals leasing sea surface areas for aquaculture projects approved by competent state authorities;

B) Foreign organizations and individuals leasing sea surface areas for aquaculture projects approved by competent state authorities of Vietnam.

4. For organizations and individuals allocated sea surface areas for aquaculture by the State prior to the effective date of this Law, they may convert to leasing when the allocation period expires, except for those specified in Clause 2 of this Article.

5. Provincial People's Committees allocate sea surface areas to scientific research institutions on aquaculture according to plans and programs approved by competent state authorities.

6. The term for allocating and leasing sea surface areas for aquaculture shall not exceed twenty years. When the allocation or leasing term expires, if the user wishes to continue using the area for aquaculture and the State has no need to reclaim it, the user may continue to use it according to the decision on allocation of sea surface areas or a new lease contract.

7. The Government shall provide detailed regulations on the allocation, leasing, and maximum area of sea surface areas allocated or leased for aquaculture.

Article 29. Reclamation of sea surface areas allocated or leased for aquaculture

1. The State shall reclaim all or part of the sea surface areas allocated or leased for aquaculture in the following cases:

A) Using them for purposes other than aquaculture;

B) Not using them for aquaculture for more than twenty-four consecutive months, except for cases with valid reasons approved by competent state authorities;

C) Users of sea surface areas for aquaculture failing to fully perform their obligations as prescribed in Articles 26 and 31 of this Law;

D) Users of sea surface areas for aquaculture voluntarily returning the allocated or leased areas;

E) The State having a need to reclaim them for public interest, national defense, and security purposes.

2. The authority responsible for allocating or leasing sea surface areas for aquaculture shall have the right to reclaim such areas according to the law.

Article 30. Rights of organizations and individuals allocated or leased sea surface areas for aquaculture

In addition to the rights prescribed in Article 25 of this Law, organizations and individuals allocated or leased sea surface areas for aquaculture also have the following rights:

1. Individuals allocated sea surface areas for aquaculture may inherit them; and mortgage assets belonging to themselves attached to the right to use sea surface areas to borrow funds for production and business operations as prescribed by law;

2. Organizations and individuals leased sea surface areas for aquaculture and pay annual lease fees have the following rights:

A) Mortgage assets owned and attached to leased sea surface areas at Vietnamese credit institutions to obtain loans for production and business activities in accordance with the law;

B) Transfer assets owned and attached to leased sea surface areas; the person receiving such assets shall have the right to continue leasing the sea surface area from the State for aquaculture purposes if they so request, and shall enjoy the rights stipulated herein.

3. Organizations and individuals who lease sea surface areas from the State for aquaculture purposes and have prepaid rent for at least ten years shall have the following rights:

A) Mortgage the value of the right to use the leased sea surface area and assets owned and attached to the leased sea surface area during the lease period at Vietnamese credit institutions to obtain loans for production and business activities in accordance with the law;

B) Transfer the right to use the sea surface area together with assets owned and attached to the leased sea surface area. Individuals may inherit the right to use the leased sea surface area during the lease period in accordance with the law. The transferee or heir of the right to use the leased sea surface area for aquaculture shall enjoy the rights stipulated herein;

C) Contribute capital through the value of the right to use the leased sea surface area and assets owned and attached to the leased sea surface area to cooperate in production and business activities with domestic organizations and individuals and foreign organizations and individuals in accordance with the law;

D) Sublease the right to use the sea surface area during the lease period. Such subleasing can only be carried out when the sea surface area has been developed according to a project and the sublessee must use it for its intended purpose.

Article 31. Obligations of organizations and individuals using sea surface areas for aquaculture

Organizations and individuals using sea surface areas for aquaculture, in addition to the obligations prescribed in Article 26 of this Law, shall also have the following obligations:

1. To use within the designated aquaculture area boundaries in compliance with laws on aquaculture, environmental protection, and other relevant laws;

2. Not to harm the legitimate interests of surrounding sea surface area users; to comply with regulations concerning safety for people and property.

Article 32. Concentrated Aquaculture Zones

1. The State supports investment in infrastructure construction in concentrated aquaculture zones in accordance with planning and development plans for the Fisheries sector; construction of water quality monitoring stations and disease control stations for aquatic products.

2. Organizations and individuals engaged in aquaculture in concentrated aquaculture zones must comply with the regulations of the concentrated aquaculture zone; technical standards for aquaculture structures, aquaculture techniques, and aquaculture environments.

3. The Ministry of Fisheries shall establish water quality standards for aquaculture, technical standards for aquaculture structures; issue regulations on the organization and operation of concentrated aquaculture zones and the prohibition periods for harvesting to ensure food safety.

4. Provincial People's Committees shall be responsible for managing concentrated aquaculture zones.

Article 33. Aquatic Species Breeds

1. Aquatic species breeds for cultivation, replenishment, and development of aquatic resources must meet quality standards under the Vietnamese system.

2. Organizations and individuals producing and trading in aquatic species breeds must meet the business conditions prescribed by the Government; they must ensure breed production in accordance with industry standards.

3. New aquatic species breeds or those being introduced for the first time into cultivation must be recognized and permitted for production and trade by the Ministry of Fisheries.

4. The State encourages research on rare aquatic species breeds and the creation of new aquatic species breeds; invests in building national aquatic species breeding centers. The Ministry of Fisheries shall coordinate with provincial People's Committees to inspect the quality of aquatic species breeds at breeding facilities.

Article 34. Importing and Exporting Aquatic Species Breeds

1. Imported aquatic species breeds must undergo quarantine in accordance with laws on veterinary medicine and laws on plant quarantine and protection.

2. Newly imported aquatic species breeds must be approved in writing by the Ministry of Fisheries.

3. Transit aquatic species breeds must comply with laws on veterinary medicine, plant quarantine and protection, and other relevant laws.

4. Exported aquatic species breeds must belong to the list of specialized fisheries export goods, except in cases of exchange of breeds, scientific and technological cooperation, gifts, and other special cases prescribed by the Ministry of Fisheries.

Article 35. Aquatic Feed; Drugs and Chemicals Used in Aquaculture

1. Aquatic feed and raw materials for aquatic feed; drugs and chemicals used in aquaculture must meet industry standards and Vietnamese standards.

2. Organizations and individuals importing aquatic feed and raw materials for aquatic feed; drugs and chemicals used in aquaculture listed in the specialized fisheries import goods directory must comply with laws on veterinary medicine, product quality, trade, and other relevant laws. In cases not listed in the specialized fisheries import goods directory, before the first commercial import, they must undergo trial testing and inspection in accordance with the regulations of the Ministry of Fisheries.

3. Organizations and individuals producing and trading in aquatic feed; drugs and chemicals used in aquaculture must meet the business conditions prescribed by the Government; they must comply with laws on veterinary medicine, product quality, environmental protection, product labeling, and other relevant laws.

4. The Ministry of Fisheries shall be responsible for:

A) Announcing the list and standards of aquatic feed and raw materials for aquatic feed; drugs and chemicals used in aquaculture belonging to the list of specialized fisheries import and export goods;

B) Establishing hygiene and environmental protection standards for facilities producing and trading in aquatic feed, veterinary drugs used in aquaculture;

C) Announce the list of drugs and chemicals used in aquaculture; prohibit or restrict their use in aquaculture.

Article 36. Prevention and control of aquatic animal diseases

1. Organizations and individuals producing aquatic animal breeding stock and engaged in aquaculture must apply preventive measures against aquatic animal diseases. When such diseases occur, they must promptly take measures to address them and report to local authorities and relevant specialized agencies.

Aquatic animals affected by disease must be handled in accordance with laws on veterinary medicine and laws on plant protection and quarantine.

2. The Ministry of Fisheries and People's Committees at all levels shall be responsible for organizing the prevention and control of aquatic animal diseases. Decisions to declare and revoke declarations of aquatic animal diseases; announcing lists of aquatic animal diseases shall be carried out in accordance with laws on veterinary medicine.

CHAPTER V
FISHERY VESSELS AND INFRASTRUCTURE FOR FISHERY ACTIVITIES

Article 37. Development of fishery vessels

1. The development of fishery vessels must comply with the planning for the development of the fisheries sector.

2. The State shall have policies to encourage the development of fishery vessels suitable for offshore fishing strategies.

3. Organizations and individuals importing fishery vessels must comply with the regulations of the Government.

Article 38. Construction and modification of fishing vessels

1. Organizations and individuals constructing new or modifying fishery vessels subject to inspection registration must obtain permission from competent state authorities and approval of the vessel design dossier; newly constructed or modified fishery vessels must meet quality standards, technical safety standards, and environmental protection standards.

The Ministry of Fisheries shall grant permission and approve design dossiers for new construction or modification of fishery vessels with a designed waterline length of 20 meters or more; provincial-level state management agencies for fisheries shall grant permission and approve design dossiers for new construction or modification of fishery vessels with a designed waterline length under 20 meters.

2. Facilities producing and trading in new construction or modification of fishery vessels must meet business conditions as prescribed by the Government.

3. The Ministry of Fisheries shall issue quality standards, technical safety standards, and environmental protection standards for fishery vessels.

Article 39. Inspection of fishing vessels

1. Fishery vessels must undergo inspection registration, except for those with a designed waterline length under 15 meters that are not equipped with engines or are equipped with engines with a total power under 20 horsepower.

2. The Ministry of Fisheries shall organize unified implementation of inspection registration for fishery vessels nationwide; implement inspection registration for fishery vessels with a designed waterline length of 20 meters or more. Provincial People's Committees shall organize implementation of inspection registration for fishery vessels with a designed waterline length under 20 meters according to the unified guidance of the Ministry of Fisheries.

3. Inspection agencies for fishery vessels must follow industry standards and Vietnamese standards when inspecting the technical safety of fishery vessels.

Article 40. Registration of fishery vessels and crew members of fishery vessels

1. Fishery vessels must be registered; the vessel name and registration number must be marked on the hull in accordance with the regulations of the Ministry of Fisheries.

2. Owners of fishery vessels must register crew members working on the vessel, maintain a crew member logbook and a crew member book as prescribed by the Ministry of Fisheries.

3. The Ministry of Fisheries shall uniformly manage the registration of fishery vessels and crew members of fishery vessels, define positions of crew members of fishery vessels nationwide; implement registration of fishery vessels and crew members of fishery vessels of units directly under the Ministry of Fisheries, units under other ministries and sectors, and people's armed forces economic units; fishery vessels of Vietnam operating outside Vietnam's territorial waters.

4. Provincial People's Committees shall organize the registration of fishery vessels and crew members of fishery vessels of localities according to the guidance of the Ministry of Fisheries, except for fishery vessels and crew members of fishery vessels specified in Clause 3 of this Article.

Article 41. Fishing ports, fish landing sites, and anchorage areas for fishery vessels during typhoons

1. The development of fishing ports, fish landing sites, and anchorage areas for fishery vessels during typhoons must comply with the planning for the development of the fisheries sector.

2. The State shall invest in building infrastructure for fishing ports and anchorage areas for fishery vessels during typhoons and support investment in building infrastructure for fish landing sites; encourage organizations and individuals from various economic sectors to participate in investing in facilities serving production and business activities of fishing ports, fish landing sites, and anchorage areas for fishery vessels during typhoons.

3. The Ministry of Fisheries shall lead and coordinate with relevant ministries and provincial People's Committees to promulgate model regulations on the management of fishing ports, fish landing sites, and anchorage areas for fishery vessels during typhoons; promulgate technical standards for fishing ports and anchorage areas for fishery vessels during typhoons.

4. Provincial People's Committees shall be responsible for organizing and

 Article 42. Primary Seafood Markets

1. A primary seafood market is a place for wholesale trade in seafood, located in concentrated seafood production areas or places with large volumes of seafood consumption. The development of primary seafood markets must be consistent with the planning for the development of the Fisheries sector.

2. The State shall have policies to support investment in building primary seafood markets; encourage organizations and individuals to participate in investing in construction, operating, and managing primary seafood markets.

3. The Ministry of Fisheries shall coordinate with relevant ministries and provincial People's Committees to issue model regulations on the management of primary seafood markets; guide and inspect the implementation of market management regulations; establish technical standards for primary seafood markets.

4. Provincial People's Committees shall be responsible for approving regulations, organizing the management of activities at primary seafood markets; inspect food safety at primary seafood markets.

Chapter VI
PROCESSING, PURCHASING, EXPORTING,

IMPORTING SEAFOOD

Article 43. Processing of aquatic products

1. The development of seafood processing facilities must be consistent with the planning and plans for the development of the Fisheries sector and localities.

2. Seafood processing facilities must ensure the following conditions:

A) The location of construction must follow the planning;

B) Workshops, storage warehouses, processing equipment, hygiene tools, wastewater treatment systems, solid waste and exhaust gas treatment systems, product quality inspection equipment must meet technical standards, food safety and hygiene standards, environmental protection standards as prescribed by law;

C) In cases where industrial methods are used for seafood processing, there must be technical staff with appropriate expertise and qualifications;

D) Quality management systems must be applied, and regulations on ensuring food safety and hygiene must be implemented;

E) The quality declared for products leaving the factory must be guaranteed; self-inspection and responsibility for the quality of declared products must be undertaken; labeling regulations as prescribed by law must be followed;

F) Prohibited preservatives and chemicals listed for seafood preservation and processing may not be used.

3. Raw materials for seafood processing must have clear origins and ensure food safety and hygiene.

4. The Ministry of Fisheries shall coordinate with relevant ministries and provincial People's Committees to organize inspections and recognize seafood processing facilities that meet standards; issue technical standards, food safety and hygiene standards, and environmental hygiene standards in seafood processing.

Article 44. Preservation of raw materials and seafood products

1. On fishing vessels, seafood transportation means; fish ports, fish wharfs, primary seafood markets; seafood collection centers, seafood warehouses, seafood processing facilities must apply appropriate technical measures to preserve raw materials and seafood products to ensure quality standards, food safety and hygiene; prohibited preservatives and chemicals listed for seafood raw material and product preservation may not be used.

2. The Ministry of Fisheries is responsible for:

A) Issue standards and technical norms for preserving raw materials and seafood products;

B) Announce a list of additives and chemicals allowed for use in preserving raw materials and seafood products.

Article 45. Quality and Food Safety of Seafood

1. Organizations and individuals engaged in harvesting, farming, preserving, transporting, processing, exporting, and importing seafood must comply with laws on product quality and food safety and hygiene.

2. The Ministry of Fisheries shall coordinate with relevant ministries to organize inspections of compliance with regulations on the quality and food safety and hygiene of exported and imported seafood and domestic seafood products.

3. All levels of People's Committees shall implement state management over the inspection of seafood quality and food safety and hygiene, promptly handle organizations and individuals producing and marketing seafood products that do not meet quality and food safety and hygiene standards within their jurisdiction.

Article 46. Exporting and Importing Seafood Products

1. The State encourages and creates favorable conditions for organizations and individuals from various economic sectors to promote the export of seafood products and develop the seafood export market.

2. Organizations and individuals engaged in exporting and importing seafood products must comply with the provisions of this Law and other related laws.

3. The Ministry of Fisheries shall coordinate with relevant ministries to develop and implement strategies for developing the seafood export market; provide information on markets, processing technologies, laws on exporting and importing seafood products to businesses engaged in seafood trading.

Chapter VII
INTERNATIONAL COOPERATION IN FISHERIES ACTIVITIES

Article 47. Principles of International Cooperation in Fisheries Activities

The Socialist Republic of Vietnam implements international cooperation in fisheries activities with countries, territories, and international organizations based on equality, mutual benefit, respect for each party's independence, sovereignty, and laws, and international law.

Article 48. Development of International Cooperation in Fisheries Activities

1. The State has policies to encourage and create conditions for Vietnamese organizations and individuals to participate in international economic cooperation in fisheries activities with foreign organizations and individuals in accordance with the law; attract overseas Vietnamese and foreign organizations and individuals, and international organizations to invest and participate in fisheries activities in Vietnam in accordance with this Law, the Law on Foreign Investment in Vietnam, and other related laws.

2. The Government shall uniformly manage Vietnamese fishing vessels operating outside Vietnam's territorial waters and foreign fishing vessels operating within Vietnam's territorial waters.

Article 49. Fishing Outside Vietnam's Territorial Waters

1. Vietnamese organizations and individuals fishing in international waters or the waters of another country must obtain permission from the competent state authority; they must comply with international treaties to which the Socialist Republic of Vietnam is a signatory or member, comply with the provisions of this Law and other relevant laws of Vietnam, and the laws of the country where the fishing vessel operates.

2. The competent state agency that permits organizations and individuals to exploit aquatic resources outside the territorial waters of Vietnam shall be responsible for disseminating Vietnamese laws, international laws, and the laws of the country where the fishing vessels operate.

3. The Government shall stipulate the licensing authority, conditions, and procedures for Vietnamese fishing vessels to go and exploit aquatic resources outside the territorial waters of Vietnam.

Article 50. Foreign fishing vessels entering to operate within the territorial waters of Vietnam

1. Foreign fishing vessels are considered for entry to operate within the territorial waters of Vietnam based on their permitted annual catch capacity, according to bilateral agreements signed by Vietnam and in compliance with the provisions of the United Nations Convention on the Law of the Sea and other international treaties to which Vietnam is a party.

2. Foreign fishing vessels entering to operate within the territorial waters of Vietnam must obtain an Aquatic Resources Exploitation License from the competent Vietnamese state agency and must comply with the provisions of this Law and other relevant laws.

3. Foreign fishing vessels granted an Aquatic Resources Exploitation License within the territorial waters of Vietnam who violate the provisions of this Law, other relevant laws, or infringe upon Vietnam's territorial waters shall be subject to legal proceedings under Vietnamese law.

4. The Government shall stipulate the conditions, procedures, licensing authority, and revocation of the Aquatic Resources Exploitation License for foreign fishing vessels operating within the territorial waters of Vietnam.

Chapter VIII
STATE MANAGEMENT OF AQUATIC RESOURCES

Article 51. Contents of state management of aquatic resources

1. Developing and implementing strategies, plans, policies, and regulations for the development of the Aquatic Resources sector.

2. Issuing, publicizing, disseminating, educating, and implementing legal documents concerning aquatic resources.

3. Conducting surveys, assessments, and managing the sustainable development of aquatic resources; researching and applying new technologies in aquatic resource activities; planning and managing inland water conservation areas and marine conservation zones; conducting statistics and providing information on aquatic resource activities.

4. Determining and分级回复

5. Managing the issuance and revocation of various types of permits and certificates in the field of aquatic resources in accordance with the law; training, examination, and issuance of captain and engineer certificates for fishing vessels; issuing and revoking Fishing Operation Permits for foreign fishing vessels.

6. Managing the appraisal and recognition of new aquatic species, veterinary drugs for aquatic animals, and feed for aquaculture; inspecting and organizing disease prevention and control in aquatic activities; managing environmental protection in aquatic activities.

7. Managing and分级管理渔业船舶、渔港和水产品批发市场。

8 ||| 实施国际渔业合作。

9 ||| 管理渔业行业组织机构，培养渔业人力资源；为渔业行业协会提供专业指导。

10 ||| 检查和监督渔业法律法规的执行情况，处理违反渔业法律法规的行为；根据法律规定解决渔业活动中的争议、申诉和举报。

Article 52. Responsibilities for State Management of Aquatic Resources

1 ||| The Government exercises unified state management over aquatic resources throughout the country.

2 ||| The Ministry of Fisheries is responsible to the Government for performing state management functions over aquatic resources nationwide.

3 ||| The Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment, the Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, and other ministries and agencies at the equivalent level shall cooperate with the Ministry of Fisheries in performing state management over aquatic resources within their respective duties and powers as stipulated by this Law and other relevant laws.

4 ||| People's Committees at all levels are responsible for state management of aquatic resources in their localities in accordance with this Law and other relevant laws.

Article 53. Inspection of Aquatic Resources

1 ||| Inspection of aquatic resources is specialized inspection concerning aquatic activities.

2 ||| Inspectors of aquatic resources are equipped with uniforms, insignia, and necessary means for their operations.

3 ||| The Government shall specify the organization and operation of inspectors of aquatic resources.

Article 54. Duties of Inspectors of Aquatic Resources

1 ||| Inspecting the implementation of laws on aquatic resources; detecting and preventing violations of laws on aquatic resources.

2 ||| Cooperating with specialized inspectors, inspection forces of ministries, sectors, and localities in detecting and preventing violations of laws on aquatic resources.

3 ||| Being accountable under the law for the consequences of inspection decisions.

Article 55. Powers of Inspectors of Aquatic Resources

When conducting inspections, the inspection agency and inspectors of aquatic resources have the following rights:

1 ||| Requesting organizations and individuals related to provide documents and answer questions necessary for the inspection.

2 ||| Collecting and verifying evidence and documents related to the content of the inspection and conducting technical checks at the site.

3 ||| Deciding to temporarily suspend or suspend actions showing signs of violating the law or activities posing serious risks in aquatic activities.

4 ||| Handling according to their authority or recommending competent state agencies to handle violations of laws on aquatic resources.

 Article 56. Responsibilities of Organizations and Individuals towards the Activities of Inspectors of Aquatic Resources

1 ||| Organizations and individuals subject to inspection must fulfill requests and comply with decisions of the inspection agency and inspectors of aquatic resources; they have the right to appeal inspection decisions in accordance with the law.

2 ||| Other organizations and individuals have the responsibility to create conditions for inspectors of aquatic resources to perform their duties.

CHAPTER IX
REWARD AND VIOLATION HANDLING

Article 57. Awards

Organizations and individuals who achieve outstanding results in implementing this Law shall be rewarded in accordance with the law.

Article 58. Handling Violations

Any person who violates the provisions of this Law shall be administratively punished or criminally prosecuted depending on the nature and degree of violation; if damage is caused, compensation shall be provided in accordance with the law.

2. Any person who abuses their position or authority to violate or cover up for those committing violations of this Law shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Article 59. Petitioning and Reporting

1. Organizations and individuals have the right to lodge complaints; individuals have the right to report violations of laws on fisheries to competent authorities, organizations, or individuals in accordance with the provisions of the law.

2. Organizations and individuals with authority upon receiving complaints or reports shall have the responsibility to resolve them promptly in accordance with the provisions of the law on complaints and reports.

CHAPTER X
IMPLEMENTING PROVISIONS

Article 60. Investment projects related to the provisions at Amendment 1:2025 QCVN 07:2023/BXD issued accompanying this Circular that have been approved before this Circular takes effect shall continue to be implemented according to the regulations at the time of approval; the investment decision maker has the right to choose to apply Amendment 1:2025 QCVN 07:2023/BXD issued accompanying this Circular.

Licenses and certificates for operating conditions in the fisheries sector; certificates for land use rights for aquaculture, and leases for sea surface areas for aquaculture issued before the effective date of this Law that still have validity periods and do not fall under prohibited cases as stipulated by this Law shall remain valid for implementation.

Article 61. Effectiveness

This Law takes effect from July 1, 2004.

The Ordinance on Protection and Development of Aquatic Resources 1989 of the State Council is hereby abolished.

Article 62. Implementation guidance

The Government shall provide detailed regulations and guidance for the implementation of this Law./.

____________________________________________________________

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam at its fourth session of the eleventh term on November 26, 2003.