Circular No. 88/2025/TT-BNNMT on guiding the protection and development of aquatic resources

CIRCULAR

Guidelines on the protection and development of aquatic resources

Pursuant to the Fisheries Law number 18/2017/QH14 amended and supplemented by Law number 146/2025/QH15;

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Fisheries and Aquaculture Inspection Department;

The Minister of Agriculture and Environment issues this Circular guiding the protection and development of aquatic resources.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain provisions of the Fisheries Law 2017, including:

1. Clause 10 Article 10 (amended and supplemented at point b clause 21 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

2. Clause 5 Article 12 (amended and supplemented at point e clause 21 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

3. Point b clause 3 Article 13 (amended and supplemented at point e clause 21 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment); clause 4 Article 13 (amended and supplemented at clause 2 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

4. Clause 2 Article 16 (amended and supplemented at point e clause 21 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment); clause 4 Article 16 (amended and supplemented at clause 3 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

5. Point a clause 2 Article 17 (amended and supplemented at clause 4 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment); clause 4 Article 17 (amended and supplemented at point e clause 21 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

6. Clause 3, clause 4 Article 40 (amended and supplemented at clause 9 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

7. Point c clause 2 Article 52 (amended and supplemented at point e clause 21 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

8. Clause 3 Article 99 (amended and supplemented at point b clause 21 Article 14 of the Law amending and supplementing some articles of 15 Laws in the field of agriculture and environment).

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals engaged in activities related to the protection and development of aquatic resources; fishing; breeding, processing, exporting, importing, re-exporting, inward import from the sea, transiting species of aquatic animals and plants listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, endangered, precious, rare aquatic species within the territory of Vietnam.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Strictly protected zone of marine protected areas is a sea area, island, archipelago, coastal area determined for the purpose of preserving intact, maintaining the current status, and monitoring the natural evolution of aquatic flora and fauna and natural ecosystems in the sea.

2. Ecological restoration zone of marine protected areas is a sea area, island, archipelago, coastal area determined for the implementation of activities aimed at restoring and regenerating aquatic flora and fauna and natural ecosystems in the sea.

3. Service-administrative zone of marine protected areas is a sea area, island, archipelago, coastal area determined for the implementation of service and administrative activities, controlled fisheries activities.

4. Buffer zone of marine protected areas is a sea area, island, archipelago, coastal area surrounding or adjacent to the internal boundary of the protected area to prevent and mitigate harmful impacts from outside the protected area.

5. Incidental catch of endangered, precious, rare aquatic species is the capture, injury, or death of endangered, precious, rare aquatic species due to unintentional human fishing activities.

6. Inward import from the sea of endangered, precious, rare aquatic species is the introduction into the territory of Vietnam of endangered, precious, rare aquatic species harvested from the high seas not under the jurisdiction of any state.

Article 4. General provisions on the implementation of administrative procedures in this Circular

1. Organizations and individuals may submit applications and receive results of administrative procedures through the following methods:

a) Directly at the One-Stop Service Center;

b) Through public postal services as prescribed by the Prime Minister, via hiring services from enterprises or individuals, or through authorization as prescribed by law;

c) Online at the National Public Service Portal.

2. Forms of application:

a) In cases where applications are submitted according to the methods prescribed in points a and b of Clause 1 of this Article: The components of the application are original copies, true copies, certified true copies, or notarized copies;

b) In cases where applications are submitted according to the method prescribed in point c of Clause 1 of this Article: The components of the application are original copies established in an electronic environment or original copies and true copies scanned as prescribed.

3. Number of applications: 01 set.

4. Acceptance of administrative procedure applications, payment methods for fees and other financial obligations, and methods of delivering results of administrative procedures shall be carried out in accordance with the Government's regulations on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal.

5. In cases where the application is in a foreign language, it must have a Vietnamese translation as prescribed.

6. Organizations and individuals are responsible for the legality of the applications they submit.

7. The competent authority handling administrative procedures shall immediately respond regarding the completeness of the application in cases prescribed in point a of Clause 1 of this Article; respond regarding the completeness of the application within 01 working day in cases prescribed in points b and c of Clause 1 of this Article.

Chapter II
JOINT MANAGEMENT IN THE PROTECTION OF FISHERY RESOURCES

Article 5. Recognition and delegation of management rights to community organizations

1. Application for recognition and delegation of management rights to community organizations:

a) Request form according to Form No. 01 of Appendix I issued together with this Circular;

b) Management and exploitation plan for fishery resources in the area proposed for joint management according to Form No. 02 of Appendix I issued together with this Circular;

c) Operation regulation of the community organization according to Form No. 03 of Appendix I issued together with this Circular;

d) Minutes of the community organization meeting according to Form No. 04 of Appendix I issued together with this Circular.

2. Procedure for recognition and delegation of management rights to community organizations:

a) Representatives of the community organization submit the application as prescribed in Clause 1 of this Article to the People's Committee of the commune for cases requesting recognition and delegation of management rights in areas within one commune, and to the Department of Agriculture and Environment for cases requesting recognition and delegation of management rights in areas spanning two communes or more;

b) Within 02 working days from the date of receiving a complete application, the specialized agency on agriculture and environment at the commune level or the Department of Agriculture and Environment shall announce the management and exploitation plan for fishery resources on mass media, publicly post it at the People's Committee office of the commune or province and the residential area where joint management is expected to take place;

c) Within 30 working days from the date of announcement, the specialized agency on agriculture and environment at the commune level or the Department of Agriculture and Environment shall review the application and report to the Chairman of the People's Committee of the commune or province for consideration and decision;

d) Within 03 working days from the date of receiving the report, the Chairman of the People's Committee of the commune or province shall decide on recognizing and delegating management rights to the community organization according to Form No. 05 of Appendix I issued together with this Circular. In cases where recognition and delegation of management rights to the community organization are not granted, a written response with detailed reasons shall be provided.

3. Content of the review of the application for recognition and delegation of management rights to community organizations:

a) Compliance with the conditions prescribed in Clause 1 of Article 10 of the Fisheries Law;

b) The management and exploitation plan for fishery resources in the area proposed for joint management and the operation regulation of the community organization must comply with the provisions of the Fisheries Law, related laws, and actual conditions in the locality.

Article 6. Amending and supplementing the Decision recognizing and granting management rights to community organizations

1. The Decision recognizing and granting management rights to community organizations shall be amended and supplemented when it falls under one of the following cases:

a) Changing the name of the community organization;

b) Changing the representative of the community organization;

c) Amending and supplementing the Operation Regulations of the community organization;

d) Amending and supplementing the position, boundary of the geographic area granted and the Plan for protecting and exploiting aquatic resources;

đ) Amending and supplementing the scope of rights granted and the Plan for protecting and exploiting aquatic resources.

2. The dossier for requesting to amend and supplement the contents of the Decision recognizing and granting management rights to community organizations includes:

a) A request form according to Form No. 06 of Appendix I issued together with this Circular;

b) A report evaluating the results of implementation and a draft of the new Plan for protecting and exploiting aquatic resources for the case of amending and supplementing the Plan for protecting and exploiting aquatic resources; the position, boundary of the geographic area granted; the scope of rights granted;

c) A report evaluating the results of implementation and a draft of the new Operation Regulations for the case of amending and supplementing the Operation Regulations of the community organization;

d) Minutes of the meeting of the community organization on the contents proposed for amendment and supplementation according to Form No. 04 of Appendix I issued together with this Circular.

3. The procedure for amending and supplementing the contents of the Decision recognizing and granting management rights to community organizations in the case of proposing to change the name of the community organization; the representative of the community organization; amending and supplementing the Operation Regulations of the community organization:

a) The representative of the community organization submits the dossier for requesting to amend and supplement the contents of the Decision recognizing and granting management rights to the community organization according to the provisions of Clause 2 of this Article to the People's Committee of the commune or the Department of Agriculture and Environment;

b) Within five working days from the date of receipt of a complete dossier, the specialized agency on agriculture and environment at the commune level or the Department of Agriculture and Environment shall submit the dossier to the Chairman of the People's Committee of the commune or the Chairman of the People's Committee of the province for consideration and decision on amending and supplementing the Decision recognizing and granting management rights to the community organization. In the case where the contents of the Decision are not amended or supplemented, a written response shall be given with clear reasons stated.

4. The procedure for amending and supplementing the contents of the Decision recognizing and granting management rights to community organizations in the case of proposing to amend and supplement the position, boundary of the geographic area granted and the Plan for protecting and exploiting aquatic resources; the scope of rights granted and the Plan for protecting and exploiting aquatic resources:

a) The representative of the community organization submits the dossier for requesting to amend and supplement the contents of the Decision recognizing and granting management rights to the community organization according to the provisions of Clause 2 of this Article to the People's Committee of the commune or the Department of Agriculture and Environment;

b) Within two working days from the date of receipt of a complete dossier, the specialized agency on agriculture and environment at the commune level or the Department of Agriculture and Environment shall announce the contents proposed for amendment and supplementation on mass media, publicly post at the office of the People's Committee of the commune or province and the residential area where joint management is implemented;

c) Within thirty working days from the date of announcement, the specialized agency on agriculture and environment at the commune level or the Department of Agriculture and Environment shall organize the examination of the dossier according to the contents stipulated in Clause 3 of Article 5 of this Circular and submit it to the Chairman of the People's Committee of the commune or the Chairman of the People's Committee of the province for consideration and decision.

d) Within three working days from the date of receipt of the submitted dossier, the Chairman of the People's Committee of the commune or the Chairman of the People's Committee of the province shall decide on amending and supplementing the Decision recognizing and granting management rights to the community organization according to Form No. 07 of Appendix I issued together with this Circular. In the case where the contents of the Decision are not amended or supplemented, a written response shall be given with clear reasons stated.

Article 7. Report on the activities of community organizations

Community organizations shall report the results of their activities to the People's Committee at the commune level and the Department of Agriculture and Environment on a regular basis before November 15 each year or at any time upon request using Model No. 08 attached as Appendix I to this Circular.

Chapter III
||| INVESTIGATION AND ASSESSMENT OF FISHERY RESOURCES

||| AND THE LIVING ENVIRONMENT OF FISHERY SPECIES

Article 8. Procedure for investigating and assessing fishery resources and the living environment of fishery species

The investigation and assessment of fishery resources and the living environment of fishery species shall be carried out according to the following procedure:

1. Survey design.

2. Survey preparation.

3. Conducting the survey.

4. Analyzing survey results.

5. Processing survey data.

6. Reporting survey results.

7. Entering survey data into the national database on the protection and development of fishery resources and storing survey results in accordance with regulations.

Article 9. Guidelines for conducting comprehensive investigations and assessments of fishery resources and the living environment of fishery species

1. The contents of comprehensive investigations and assessments of fishery resources and the living environment of fishery species include:

a) Species composition, production volume, density, abundance, distribution, stock of fishery species, allowable catch volume of fishery resources;

b) Biological characteristics of fishery species;

c) Environmental factors, hydrological, oceanographic, other aquatic biological factors related to fishery resources;

d) Other contents as required for the management and sustainable use of fishery resources.

2. Comprehensive investigations and assessments of fishery resources and the living environment of fishery species shall be conducted as follows:

a) Survey design: collecting relevant literature and data on the subject and area of the survey; developing a survey plan and method;

b) Survey preparation: arranging personnel, equipment, and means; developing a specific implementation plan for the survey method;

c) Conducting the survey: checking the operational status of survey tools and equipment; collecting samples of surveyed objects using appropriate methods; analyzing and identifying sample species composition, production volume, and biological characteristics of fishery species; processing samples on-site using appropriate methods for each type of object; collecting and recording information on-site;

d) Analyzing survey results: analyzing and processing specimen samples; biological indicators; sediment bottom samples, water physical and chemical indicators; planktonic organisms, benthic animals; fish eggs, fish larvae, shrimp larvae;

đ) Processing survey data: using statistical software and specialized software to analyze and adjust data;

e) Reporting survey results: preparing specialized reports and comprehensive evaluation reports on fishery resources and the living environment of fishery species;

g) Entering survey data into the national database on the protection and development of fishery resources and storing survey results in accordance with regulations;

h) Other tasks as required.

Article 10. Guidelines for conducting commercial fishing industry surveys

1. The contents of commercial fishing industry surveys and evaluations include:

a) Statistics on fishing vessels;

b) Information on fishing activities and production volumes of fishing fleets;

c) Collecting and analyzing biological samples from the commercial fishing industry, including the following main contents: species composition within the commercial group or in the production volume of fishing vessels; frequency length sample of fish species; biological analysis of fish species.

2. Commercial fishing industry surveys and evaluations shall be conducted as follows:

a) Survey design: survey locations and sampling at fishing ports or unloading sites for seafood, for fishing vessels not unloading at fishing ports, representative production volumes must be obtained according to the fishing fleet group (classified by fishing method and the largest vessel length); survey subjects: ensuring statistics on all local fishing vessels (classified by fishing method and the largest vessel length); actual number of fishing days; statistics on the total production volume of locally caught seafood (classified by species composition/product group of the caught seafood production volume); biological data of fishery species groups in the production volume;

b) Survey preparation: arranging personnel, equipment, and implementation plans;

c) Conducting the survey: statistics; interviewing fishing activities and production volumes according to Model No. 01 attached as Appendix II to this Circular; collecting and analyzing biological samples from the commercial fishing industry according to Model No. 02 attached as Appendix II to this Circular;

d) Analyzing survey results: species composition samples of product groups, biological samples;

đ) Processing survey data: using statistical software and specialized software to analyze and adjust data;

e) Survey result reports shall include the following main contents: total number of fishing vessels, structure of fishing vessels by fishing method, fishing fleet group by the largest vessel length; total production volume, structure of locally caught seafood production volume by species/product group; selling price of seafood by species/product group; current biological status of the commercial fishing industry, current status of fishing activities, and proposals for management solutions to protect fishery resources.

g) Entering survey data into the national database on the protection and development of fishery resources and storing survey results in accordance with regulations;

h) Other tasks as required.

Article 11. Guidelines for conducting investigations and assessments of fishery resources and the living environment of aquatic species by topic

1. The content of investigations and assessments of fishery resources and the living environment of aquatic species by topic shall include at least one of the contents specified in Clause 1 of Article 9 of this Circular.

2. Investigations and assessments of fishery resources and the living environment of aquatic species by topic shall be carried out in accordance with the provisions of Clause 2 of Article 9 of this Circular, consistent with the selected investigation content and subjects.

Article 12. Results of investigations and assessments of fishery resources and the living environment of aquatic species

The results of investigations and assessments of fishery resources and the living environment of aquatic species include:

1. A database on the investigation of fishery resources, the living environment of aquatic species, and commercial fishing activities.

2. Specialized reports for each specific content and subject.

3. A comprehensive report summarizing the results of investigations and assessments of fishery resources and the living environment of aquatic species, including the following main contents: the current status of fishery resources; the current status of fishing activities; biological characteristics of aquatic species; the current status of environmental factors, hydrological conditions, oceanography, fish eggs, fish larvae, shrimp larvae, and other contents according to the program.

4. Maps and diagrams related to fishery resources, the living environment of aquatic species, and commercial fishing activities.

5. Specimens collected, processed, and analyzed.

6. Other documents and products if any.

Chapter IV
MANAGEMENT OF ENDANGERED, PRECIOUS, AND RARE AQUATIC SPECIES

Article 13. List and criteria for identifying endangered, precious, and rare aquatic species

1. Endangered, precious, and rare aquatic species are divided into two groups, Group I and Group II.

2. Aquatic species are considered for inclusion in Group I when they meet one of the following criteria:

a) They are aquatic species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) naturally distributed in Vietnam;

b) They are aquatic species naturally distributed in Vietnam classified from the endangered category (Endangered - EN) to critically endangered (Critically Endangered - CR) according to the criteria of the International Union for Conservation of Nature (IUCN) or the Red Book of Vietnam.

3. Aquatic species are considered for inclusion in Group II when they meet one of the following criteria:

a) They are aquatic species listed in Appendices II and III of CITES naturally distributed in Vietnam;

b) They are aquatic species naturally distributed in Vietnam classified from the vulnerable category (Vulnerable - VU) according to the criteria of IUCN or the Red Book of Vietnam.

4. The list of endangered, precious, and rare aquatic species is specified in Appendix III attached to this Circular.

Article 14. Management and protection regime for endangered, precious, and rare aquatic species

1. Strictly prohibit the exploitation of endangered, precious, and rare aquatic species in Group I.

2. Organizations and individuals are permitted to exploit endangered, precious, and rare aquatic species in the following cases:

a) Exploiting species in Group II in compliance with the provisions set forth in Section B of Appendix III attached to this Circular;

b) Exploiting for conservation purposes, scientific research, initial breeding stock creation, and international cooperation for species in Group I or species in Group II that do not meet the conditions stipulated in Section B of Appendix III attached to this Circular.

3. Organizations and individuals exploiting endangered, precious, and rare aquatic species as provided in point b of Clause 2 of this Article must obtain written approval from the provincial Department of Agriculture and Environment in accordance with Article 15 of this Circular.

4. Breeding facilities for endangered, precious, and rare aquatic species with an annual production scale of 1,000 individuals or more must release a minimum of 2% of the total number of individuals produced annually into natural waters suitable for the biological and ecological characteristics of the species. The process of releasing breeding stock to restore endangered, precious, and rare aquatic species is implemented as follows:

a) The facility owner must report the breeding yield, the results of the previous year's restocking efforts, and the plan for the current year's restocking efforts to the provincial competent authority responsible for fisheries management before January 30 of each year via email or directly;

b) Seven days prior to the release of restocking breeding stock, the facility owner must notify the provincial competent authority responsible for fisheries management in writing via email or directly to coordinate the implementation.

5. Endangered, precious, and rare aquatic species that are administrative violation objects seized or evidence items seized under criminal law, criminal procedure law, or voluntarily transferred by the owner (excluding species in the List of Endangered, Precious, and Rare Species Group I, Appendix I CITES which have been managed according to forestry product management regulations; forestry and aquatic products are state-owned property) shall be handled as follows:

a) In case the individual is alive and healthy, it must be released back into the natural environment; injured individuals must be handed over to biodiversity conservation facilities with the function of rescuing aquatic species or the Marine Protected Area Management Board for nurturing, rescue, and treatment before being released into the natural environment;

b) In case the object is a part or dead individual, it must be handed over to the Vietnam Natural History Museum or a scientific research institution for specimen making, display, research, education, or destruction in accordance with the law;

c) In case the object is a part or dead individual that cannot be handed over as stipulated in point b of this clause or the object is determined to be diseased and has the potential to cause dangerous epidemics, immediate destruction must be carried out. Destruction shall be conducted in accordance with current laws on veterinary medicine, environmental protection, and animal and plant quarantine.

6. The rescue process for injured or stranded endangered, precious, and rare aquatic species, except as provided in Clause 5 of this Article, shall be carried out as follows:

a) When organizations or individuals discover endangered, precious, and rare aquatic species that are injured or stranded, they must report to the local commune-level government or the provincial fisheries management agency or biodiversity conservation facilities with the function of rescuing aquatic species.

b) In the case where the local authority at the commune level or the state management agency for fisheries at the provincial level receives information or takes over from organizations or individuals, they must notify the biodiversity conservation facility with the function of rescuing aquatic species and carry out preliminary rescue and care until the handover is completed.

c) The biodiversity conservation facility with the function of rescuing aquatic species that accepts the handover shall establish a Handover Record for Endangered, Precious, and Rare Aquatic Species according to Model No. 01 attached as Appendix IV.

7. The biodiversity conservation facility with the function of rescuing aquatic species shall have the following responsibilities:

a) Organize rescue, treatment, care, and evaluate the adaptability of rescued aquatic species before releasing them back into their natural habitat. If the rescued species dies during the rescue or treatment process, the rescue facility may use it as a specimen for educational purposes or transfer it to the Vietnam Natural History Museum or a scientific research institution. If the rescued species lacks the ability to survive in its natural environment, the rescue facility shall organize care or transfer it to an appropriate organization for care to serve research, educational, and promotional purposes.

b) Report to the state management agency for fisheries under the Ministry of Agriculture and Rural Development on the results of rescuing endangered, precious, and rare aquatic species annually before November 20th according to Model No. 02 in Appendix IV, and when requested.

8. In the event that an endangered, precious, or rare aquatic species dies and cannot be preserved, processed, or made into specimens for research, education, or promotion, the People's Committee at the commune level shall cooperate with the provincial-level state management agency for fisheries to dispose of the remains appropriately in accordance with customs or bury or destroy them in compliance with veterinary laws, environmental protection regulations, and animal and plant quarantine rules.

9. Organizations and individuals involved in fishing who encounter or unintentionally catch endangered, precious, or rare aquatic species shall record the information in their fishing logbook or fishing report, assess the health condition, and handle the situation as follows:

a) If the individual is alive and healthy, release it back into the natural environment.

b) If the individual is injured but can be rescued, provide preliminary care based on available resources and release it back into the natural environment; if it is brought ashore for rescue, follow the rescue procedures stipulated in Clause 6 of this Article.

c) If the individual is too severely injured to be treated or has died, follow the provisions of Clause 8 of this Article.

10. Organizations and individuals engaged in fishing, upon discovering marine mammals or sea turtles within their operational range, shall apply one of the following measures to drive them away and ensure safety without affecting their survival:

a) Use sound devices such as whistles or tapping on the side of the boat; install sound deterrent equipment on trawl nets; use lighting equipment; attach lighting devices to fishing gear.

b) Use circle hooks for longline fishing; reduce the length of the net for trawling; submerge part of the net underwater to create an escape route for marine mammals when they are trapped during trawl fishing operations; install turtle excluder devices for bottom trawling.

c) Other measures as specified in guidance materials.

Article 15. Issuance of Approval Documents for Exploitation of Endangered, Precious, and Rare Aquatic Species

1. The application dossier shall include:

a) An Application Form according to Model No. 03 of Appendix IV issued together with this Circular.

b) An Exploitation Plan according to Model No. 04 of Appendix IV issued together with this Circular.

"2. Implementation procedures:"

a) Organizations and individuals shall submit the dossier in accordance with Clause 1 of this Article to the Department of Agriculture and Environment.

b) Within fifteen working days from the date of receipt of a complete dossier, the Department of Agriculture and Environment shall organize an assessment (a Review Board may be established for cases involving conservation tasks, scientific research, initial breeding research, and international cooperation not requiring approval by state agencies); seek opinions from the People's Committee of the commune or organization responsible for managing the area where the exploitation of endangered, precious, and rare aquatic species is expected to take place (if applicable), and decide on issuing the Approval Document for Exploitation of Endangered, Precious, and Rare Aquatic Species according to Model No. 05 of Appendix IV issued together with this Circular. In case of non-issuance of the Approval Document, a written response must be provided with clear reasons stated.

3. The Approval Document for Exploitation of Endangered, Precious, and Rare Aquatic Species shall be valid during the period of implementation of conservation tasks, scientific research, initial breeding research, and international cooperation.

4. The Department of Agriculture and Environment shall revoke the Approval Document for Exploitation of Endangered, Precious, and Rare Aquatic Species if organizations or individuals fail to comply with the contents specified in the Approval Document or the Exploitation Plan for Endangered, Precious, and Rare Aquatic Species.

Article 16. Confirmation of Origin of Aquatic Species Listed in the Appendices of International Conventions on Trade in Endangered Wild Fauna and Flora; Endangered, Precious, and Rare Aquatic Species of Cultivated Origin

1. The application dossier for confirmation shall include:

a) A Request for Confirmation of Origin Form according to Model No. 06 of Appendix IV issued together with this Circular;

b) A Record of Breeding Growth, Reproduction, and Artificial Propagation for Endangered, Precious, and Rare Aquatic Species, and Aquatic Species listed in the Appendices of CITES according to Model No. 07 of Appendix IV issued together with this Circular. For Aquatic Species listed in Appendix I of CITES bred for export purposes, the Record of Breeding Growth shall be conducted in accordance with laws on management of endangered, precious, and rare species; breeding of common wild animals, and enforcement of the Convention on International Trade in Endangered Wild Fauna and Flora.

"2. Implementation procedures:"

a) Organizations and individuals shall submit the dossier in accordance with Clause 1 of this Article to the People's Committee of the commune;

b) Within three working days from the date of receipt of a complete dossier, the People's Committee of the commune shall issue a Certificate of Origin according to Model No. 08 of Appendix IV issued together with this Circular. If it is necessary to verify the accuracy of information in the Record of Breeding Growth, Reproduction, and Artificial Propagation, the issuance of the Certificate of Origin shall be within seven working days from the date of receipt of a complete dossier. In case of non-issuance of the Certificate of Origin, a written response must be provided with clear reasons stated.

Article 17. Confirmation of Origin of Aquatic Species Listed in the Appendices of International Conventions on Trade in Endangered Wild Fauna and Flora; Endangered, Precious, and Rare Aquatic Species of Natural Origin

1. The application dossier shall include:

a) A Request for Confirmation of Origin Form according to Model No. 06 of Appendix IV issued together with this Circular;

b) Approval Document for Exploitation of Endangered, Precious, and Rare Aquatic Species;

c) Fishing Report, Fishing Logbook.

2. For cases of confirming specimens of Endangered, Precious, and Rare Aquatic Species exploited from natural sources before the effective date of the prohibition on exploitation, the application dossier shall include:

a) A Registration Form for Confirmation of Origin according to Model No. 06 of Appendix IV issued together with this Circular;

b) Documentation proving the origin of the specimen exploited from natural sources, confirmed by the Port Management Organization or the People's Committee of the commune or provincial-level state management agency for fisheries at the time of exploitation; purchase, sale, gift, or donation contracts certified at the time of purchase, sale, gift, or donation for cases where organizations or individuals are not the direct exploiters.

3. Procedure for Confirmation of Origin:

a) Organizations and individuals shall submit the dossier in accordance with Clause 1 and Clause 2 of this Article to the People's Committee of the commune;

b) Within five working days from the date of receipt of a complete dossier, the People's Committee of the commune shall examine the dossier and issue a Certificate of Origin according to Model No. 09 of Appendix IV issued together with this Circular. In case of non-issuance of the Certificate of Origin, a written response must be provided with clear reasons stated.

Article 18. Breeding, growing, artificial cultivation of marine species listed in the Appendices of the International Convention on Trade in Endangered Species of Wild Fauna and Flora; endangered, precious, rare marine species.

Clause 1. Breeding facilities for marine species listed in Appendix I of CITES not for export purposes; marine species listed in Appendices II and III of CITES; endangered, precious, rare marine species shall comply with the provisions of the law on production and seedling breeding facilities.

Clause 2. Growing and artificial cultivation facilities for marine species listed in Appendix I of CITES not for export purposes; marine species listed in Appendices II and III of CITES; endangered, precious, rare marine species shall comply with the provisions of the law on aquaculture facilities.

Clause 3. Breeding facilities for marine species listed in Appendix I of CITES for export purposes shall comply with the provisions of the law on management of endangered, precious, rare species; breeding common wild animals and implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Article 19. Processing endangered, precious, rare marine species.

Organizations and individuals engaged in processing endangered, precious, rare marine species must meet the following requirements:

Point 1. Specimens of endangered, precious, rare marine species must have a legal origin as prescribed by law.

Point 2. Finished products sold on the market must be labeled in accordance with the provisions of the law on product labeling.

Point 3. Ensure food safety and disease prevention regulations as prescribed by law.

Article 20. Exporting, importing, re-exporting, transiting, landing from sea of marine species listed in the Appendices of the International Convention on Trade in Endangered Species of Wild Fauna and Flora; endangered, precious, rare marine species.

Clause 1. Organizations and individuals carrying out import of marine species listed in the Appendices of CITES; endangered, precious, rare marine species shall comply with the provisions of the fisheries law on importing live seafood.

Clause 2. Organizations and individuals carrying out re-exporting, transiting of endangered, precious, rare marine species shall comply with the provisions of the law on foreign trade management.

Clause 3. Organizations and individuals carrying out exporting, re-exporting, landing from sea of specimens of marine species listed in the Appendices of CITES shall comply with the provisions of the law on management of endangered, precious, rare species; breeding common wild animals and implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Clause 4. Organizations and individuals carrying out landing from sea of specimens of endangered, precious, rare marine species shall comply with the provisions of Article 17 of this Circular, except for marine species listed in the Appendices of CITES.

Chapter V
MARINE PROTECTED AREA, MARINE RESOURCES CONSERVATION ZONE

Section 1

MANAGEMENT OF MARINE PROTECTED AREA, MARINE RESOURCES CONSERVATION ZONE

Article 21. Management of activities within the marine protected area.

Clause 1. Activities carried out in the strictly protected zone include:

Point a. Deploying buoys to mark the boundaries of the marine area;

Point b. Conducting scientific surveys and research after approval by the competent state authority;

Point c. Promoting environmental education, biodiversity conservation, and marine resource protection;

Point d. Patrols, inspections, control, and handling of violations;

Point đ. Implementing monitoring and surveillance activities on natural resources, environment, and archaeology;

Point e. Handling maritime incidents, rescuing endangered, precious, rare species, and conserving marine ecosystems.

Clause 2. Activities carried out in the ecological restoration zone include:

Point a. Activities stipulated in Clause 1 of this Article;

Point b. Restoring and regenerating aquatic flora and fauna, marine ecosystems after approval by the competent state authority;

Point c. Ecotourism activities that do not harm marine resources and marine ecosystems;

Point d. Fishing vessels, ships, and other watercraft may pass through without causing harm.

Clause 3. Activities carried out in the service-administrative zone include:

Point a. Activities stipulated in Clause 2 of this Article;

Point b. Aquaculture, fishing;

Point c. Organizing service and ecotourism activities, resort operations;

Point d. Constructing infrastructure projects serving the operations of the Marine Protected Area Management Board or organizations entrusted with managing the Marine Protected Area; projects serving ecotourism, resort operations, and aquaculture.

Clause 4. Activities carried out in the buffer zone include:

Point a. Activities stipulated in Clause 3 of this Article;

Point b. Constructing infrastructure projects serving socio-economic development but not causing harm to other zones within the Marine Protected Area and its ecosystems.

Clause 5. Activities within the Marine Protected Area as stipulated in Clauses 1, 2, 3, and 4 of this Article must comply with relevant laws and the Regulations on Management of the Marine Protected Area.

Article 22. Rights and responsibilities of the Marine Protected Area Management Board or organization entrusted with managing the marine protected area

1. The Marine Protected Area Management Board or organization entrusted with managing the marine protected area shall have the following rights:

a) Conducting surveys, research, applying science and technology, and international cooperation on marine conservation within the management scope;

b) Cooperating in training, propaganda, environmental education, biodiversity conservation, and protection of aquatic resources within the marine protected area;

c) Collecting fees and charges according to regulations for activities within the marine protected area;

d) Coordinating with organizations and individuals to carry out scientific research, restoration, and regeneration of marine animal and plant species and natural ecosystems within the marine protected area;

đ) Civil servants and employees of the Marine Protected Area Management Board or organization entrusted with managing the marine protected area may issue administrative violation records when performing official duties within the marine protected area, handle violations, or transfer violators to competent authorities for handling according to laws on administrative violations in the field of aquaculture;

e) Cooperating in scientific research, restoration, and regeneration of marine animal and plant species and natural ecosystems within the marine protected area in accordance with the law; organizing implementation or cooperation in eco-tourism, resort activities, and other service activities within the marine protected area in accordance with the law;

g) Providing opinions on scientific research, educational, and training activities and projects related to the marine protected area under their management; proposing competent authorities to temporarily suspend such activities and projects of organizations and individuals if they are not carried out in accordance with objectives, contents, plans, or if they cause negative impacts on the marine protected area;

h) Organizing the management of fishing and aquaculture activities within the marine protected area in accordance with the law;

2. The Marine Protected Area Management Board or organization entrusted with managing the marine protected area shall have the following responsibilities:

a) Submitting to the competent authority to establish the marine protected area to promulgate the Management Regulations of the Marine Protected Area according to Model No. 01 attached as Appendix V to this Circular;

b) Managing the marine protected area in accordance with this Circular, the Management Regulations of the Marine Protected Area, and relevant laws;

c) Developing and implementing the Management Plan of the Marine Protected Area every five or ten years after approval by the competent authority deciding to establish the marine protected area; implementing preventive measures against pollution, disease prevention and control, and preventing illegal activities within the marine protected area;

d) Organizing research, conservation, protection, regeneration, and development of marine animal and plant species and marine ecosystems within the marine protected area; rescuing endangered, precious, and rare aquatic species in accordance with the law; monitoring, collecting information and data, updating databases on biodiversity and water quality within the marine protected area;

đ) Supervising scientific research, educational, and training activities and projects implemented within the marine protected area;

e) Propaganda, education, and raising awareness about protecting aquatic resources, living environments of aquatic species, and biodiversity conservation for communities and people involved in activities related to the marine protected area;

g) Organizing and coordinating with fishery inspection forces, maritime police, environmental police, border guard forces, and local authorities to conduct patrols, inspections, controls, and handle violations of the law within the marine protected area;

h) Cooperating with local authorities and related organizations and individuals to support livelihood activities for communities residing within and around the marine protected area;

i) Issuing guidelines and regulations for vessels and activities within the marine protected area;

k) Studying and proposing adjustments to the area of the marine protected area; the areas and locations of functional zones within the marine protected area and buffer zones;

l) Installing and releasing buoys marking the boundaries of the marine protected area, boundaries of functional zones, and installing buoys for tourist boats to anchor;

m) Reporting to the Department of Agriculture and Environment and the Ministry of Agriculture and Rural Development (through the state management agency for fisheries under the Ministry of Agriculture and Rural Development) on the management work of the marine protected area annually before November 20 or at any time upon request;

3. The Marine Protected Area Management Board or organization entrusted with managing the marine protected area shall implement rights and responsibilities for managing, protecting the environment, conserving nature, and biodiversity in accordance with the law.

Article 23. Rights of organizations and individuals engaged in activities related to marine protected areas

1. Participate in communication, education, and raising awareness about the protection and conservation of biodiversity; restoring and regenerating aquatic flora and fauna and marine ecosystems within the marine protected area.

2. Coordinate with the Management Board of the marine protected area or the organization entrusted with managing the marine protected area to implement investigative, scientific research, educational, and training activities; organize eco-tourism services, resorts, and other services within the marine protected area in accordance with this Circular, the Management Regulations of the Marine Protected Area, the regulations of the Management Board of the marine protected area or the organization entrusted with managing the marine protected area, and relevant laws.

3. Collaborate with the Management Board of the marine protected area or the organization entrusted with managing the marine protected area in the field of eco-tourism, resorts, scientific research, restoration and regeneration of aquatic species, marine ecosystems, and other service activities within the marine protected area in accordance with the law.

4. Engage in aquaculture and fishing in accordance with this Circular, the regulations of the Management Board of the marine protected area or the organization entrusted with managing the marine protected area, and relevant laws.

Article 24. Obligations of organizations and individuals engaged in activities related to marine protected areas

1. For organizations and individuals conducting investigative, scientific research, educational, and training activities in marine protected areas, they have the following obligations:

a) Submit plans for investigative, scientific research, educational, and training activities in marine protected areas to the Management Board of the marine protected area or the organization entrusted with managing the marine protected area ten days before implementation;

b) Conduct investigative, scientific research, educational, and training activities in accordance with the law, the Management Regulations of the Marine Protected Area, and the guidance and supervision of the Management Board of the marine protected area or the organization entrusted with managing the marine protected area;

c) Report to the Management Board of the marine protected area or the organization entrusted with managing the marine protected area on the results of investigative, scientific research, educational, and training activities; domestic or international publications (if any);

d) Pay service and supervision fees to the Management Board of the marine protected area or the organization entrusted with managing the marine protected area as prescribed, except for investigative and scientific research activities.

2. For organizations and individuals conducting eco-tourism, resort, and aquaculture activities in marine protected areas, they have the following obligations:

a) Implement eco-tourism, resort, and recreational activities in accordance with relevant laws;

b) Comply with the provisions of this Circular, the Management Regulations of the Marine Protected Area, the regulations of the Management Board of the marine protected area or the organization entrusted with managing the marine protected area;

c) Protect biodiversity and the environment; participate in environmental cleanup activities, restoration, and regeneration of aquatic species and marine ecosystems within the marine protected area;

d) Disseminate legal provisions on environmental protection and biodiversity conservation to tourists;

đ) Pay service fees to the Management Board of the marine protected area or the organization entrusted with managing the marine protected area as prescribed;

e) Organizations and individuals meeting the conditions and having the need to fish or engage in aquaculture within the marine protected area must register with the Management Board of the marine protected area or the organization entrusted with managing the marine protected area.

3. For community residents, households, and individuals residing within and around marine protected areas, they have the following obligations:

a) Adhere to the Management Regulations of the Marine Protected Area, the regulations of the Management Board of the marine protected area or the organization entrusted with managing the marine protected area, and relevant laws;

b) Protect the environment and biodiversity within the marine protected area;

c) Participate in activities to regenerate and restore aquatic species and marine ecosystems within the marine protected area.

Article 25. Management of Aquatic Resource Protection Zones

1. Based on the actual situation of the locality, the Aquatic Resource Protection Zone shall be assigned to the provincial-level fisheries management agency or the commune-level authority or community organizations for management.

2. The management of Aquatic Resource Protection Zones shall be carried out as follows:

a) The provincial-level fisheries management agency or the commune-level authority responsible for managing the Aquatic Resource Protection Zone must develop and promulgate management regulations and plans suitable to the actual conditions of each area.

b) Community organizations voluntarily proposing to manage the Aquatic Resource Protection Zone shall implement according to the legal provisions on co-management in protecting aquatic resources.

3. Activities conducted within the Aquatic Resource Protection Zone include:

a) Scientific investigations and studies on aquatic resources, biodiversity; monitoring resources and the environment;

b) Fishing, aquaculture, and recreational tourism related to fishing activities in accordance with legal provisions;

c) Patrols and controls over the enforcement of laws;

d) Other activities as prescribed by law.

4. Provincial People's Committees shall have the responsibility:

a) Assigning the organization to manage the Aquatic Resource Protection Zone as stipulated in Clause 1 of this Article;

b) Assigning competent units to conduct patrols and controls over the enforcement of laws within the Aquatic Resource Protection Zone; inspecting and supervising the activities of organizations assigned to manage the Aquatic Resource Protection Zone.

5. Reporting procedures for the management of Aquatic Resource Protection Zones shall be implemented as follows:

a) Organizations assigned to manage the Aquatic Resource Protection Zone shall regularly report before November 10th each year or at any time upon request to the provincial fisheries management agency;

b) The People's Committee of the province shall regularly report before November 20th each year or at any time upon request to the Ministry of Agriculture and Rural Development (through the fisheries management agency under the Ministry);

c) Reports on the management of Aquatic Resource Protection Zones shall be made according to Form No. 02 in Appendix V issued together with this Circular.

6. The list of Aquatic Resource Protection Zones located in areas spanning two or more centrally governed cities or provinces shall be specified in Appendix VI issued together with this Circular.

Section 2

ESTABLISHMENT, BOUNDARY ADJUSTMENTS, AND AREA MODIFICATIONS

PROVINCIAL MARINE CONSERVATION ZONES

Article 26. Procedures for establishing a provincial marine conservation zone project

The Department of Agriculture and Rural Development shall lead the establishment of a provincial marine conservation zone project according to the following procedures:

1. Conduct surveys, assess biodiversity, and establish a provincial marine conservation zone project according to Form No. 03 in Appendix V issued together with this Circular.

2. Solicit written opinions from the Ministry of Agriculture and Rural Development; relevant departments, sectors, and commune-level People's Committees; and the opinions of legitimate residents in and around the proposed conservation zone through voting or opinion forms for the provincial marine conservation zone project. Within fifteen working days from the date of receipt of the request for comments, the agencies and organizations solicited for their opinions shall provide written responses.

3. Submit the provincial marine conservation zone project for review by the provincial People's Committee.

Article 27. Procedures and formalities for reviewing the project to establish provincial marine conservation areas

1. Documents for submission for review of the project:

a) A proposal requesting the review of the project to establish a provincial marine conservation area;

b) The project to establish a provincial marine conservation area;

c) A summary table explaining and incorporating comments from the Ministry of Agriculture and Rural Development; relevant departments and provincial people's committees; opinions of the local community residing legally within and around the proposed marine conservation area.

d) Other related documents (if any).

2. Procedures for reviewing the project:

a) The Department of Agriculture and Rural Development sends the documents specified in Clause 1 of this Article to the provincial People's Committee;

b) Within thirty working days from the date of receipt of complete documents as stipulated in Clause 1 of this Article, the provincial People's Committee establishes a multi-sectoral Review Board, convenes a meeting of the Review Board, and issues a Report on the review of the project to establish a marine conservation area by the multi-sectoral Review Board. The content of the review is as prescribed in Clause 3 of this Article.

The multi-sectoral Review Board consists of at least seven members, with the Chairman being the leader of the provincial People's Committee; members include leaders of relevant departments, district people's committees, and experts in fisheries and biodiversity.

3. Content of the review of the project to establish a provincial marine conservation area includes:

a) The necessity of establishing a marine conservation area (including legal basis and practical grounds);

b) Compliance with criteria for establishing a marine conservation area as provided for in Article 15 of the Fisheries Law;

c) Geographic location, boundaries, and area of the marine conservation area consistent with plans for protecting and exploiting fishery resources; boundaries, areas of functional zones, and buffer zones of the marine conservation area;

d) Conservation plan for biodiversity, restoration of natural ecosystems; protection and preservation of natural landscapes, cultural and historical values;

đ) Plan for livelihood transition for households and individuals engaged in fishing and aquaculture activities related to the marine conservation area;

e) Implementation solutions and organization;

g) Draft Management Regulations for the marine conservation area;

h) Other contents as required by the project review authority.

Article 28. Decision to establish a provincial marine conservation area

1. Within fifteen working days from the date of issuance of the Report on the review of the project to establish a provincial marine conservation area by the multi-sectoral Review Board, the Department of Agriculture and Rural Development completes the dossier to submit to the Chairman of the Provincial People's Committee for establishment of the marine conservation area.

2. Dossier for establishment of the marine conservation area:

a) Proposal requesting establishment of the marine conservation area;

b) Project to establish the marine conservation area (completed according to the review comments of the multi-sectoral Review Board);

c) Summary table explaining and incorporating comments from the Ministry of Agriculture and Rural Development, relevant departments, and district people's committees; opinions of the local community residing legally within and around the proposed marine conservation area;

d) Report on the review of the project to establish the marine conservation area by the multi-sectoral Review Board;

đ) Summary table explaining and incorporating comments from the multi-sectoral Review Board;

e) Other related documents (if any).

3. Within five working days from the date of receipt of the dossier submitted by the Department of Agriculture and Rural Development, the Chairman of the provincial People's Committee decides to establish the marine conservation area according to Model No. 04 Appendix V issued together with this Circular.

Article 29. Adjustment of boundaries and area of provincial marine conservation zones

1. The management board of the marine conservation zone or the organization entrusted with managing the marine conservation zone shall request the Department of Agriculture and Environment to review the application for adjustment of the boundaries and area of the marine conservation zone after completing the following contents:

a) Preparing a project to adjust the boundaries and area of the marine conservation zone according to Model No. 05 of Appendix V issued together with this Circular;

b) Soliciting opinions from the community residing legally within and around the marine conservation zone regarding the adjustment plan, ensuring that at least 70% of the community is consulted;

c) Soliciting opinions from the Ministry of Agriculture and Environment, relevant departments and agencies, and the People's Communes related to the project to adjust the boundaries and area of the marine conservation zone. The agencies and organizations solicited must provide written responses within fifteen working days from the date they receive the request for comments.

2. The review dossier includes:

a) A document requesting the review of the project to adjust the boundaries and area of the marine conservation zone;

b) The project to adjust the boundaries and area of the marine conservation zone;

c) A summary table of feedback and explanations on the opinions of the Ministry of Agriculture and Environment, relevant departments and agencies, and the People's Communes related to the project, as well as the opinions of the community residing legally within and around the proposed adjustment area of the marine conservation zone;

d) Other related documents (if any).

4. Contents of the review:

a) The necessity to adjust the boundaries and area of the marine conservation zone (including legal basis and practical grounds);

b) Objectives of the adjustment;

c) Adjustment plans;

d) Conservation plan for biodiversity, restoration of natural ecosystems; protection and preservation of natural landscapes, cultural and historical values;

d) Plans for livelihood transition for households and individuals engaged in fishing activities affected by the adjusted area;

e) Implementation solutions and organization;

g) Other contents as required by the agency reviewing the establishment of the marine conservation zone project.

5. Within thirty working days from the date of receiving the application file as stipulated in Clause 3 of this Article, the Department of Agriculture and Environment shall establish a multi-sectoral review board and organize the review meeting.

The multi-sectoral review board shall consist of at least seven members, chaired by the leader of the Provincial People's Committee; members include leaders of relevant departments and agencies, People's Communes, and experts in fisheries and biodiversity.

Within five working days from the end of the multi-sectoral review board meeting, the Provincial People's Committee shall issue a report on the review of the project to adjust the boundaries and area of the marine conservation zone.

6. Within fifteen working days from the date of receiving the report on the review of the project to adjust the boundaries and area of the provincial marine conservation zone from the multi-sectoral review board, the management board of the marine conservation zone or the organization entrusted with managing the marine conservation zone shall complete the application file and submit it to the Department of Agriculture and Environment for submission to the Chairman of the Provincial People's Committee to adjust the boundaries and area of the marine conservation zone.

7. Application files for adjusting the boundaries and area of the marine conservation zone:

a) A proposal for adjusting the boundaries and area of the marine conservation zone;

b) The project to adjust the boundaries and area of the marine conservation zone (completed according to the review board's comments);

c) A summary table of explanations and feedback on the opinions of the Ministry of Agriculture and Environment, relevant departments and agencies, and the People's Communes; and the opinions of the community residing legally within and around the proposed adjustment area;

d) The report on the review of the project to adjust the boundaries and area of the marine conservation zone by the multi-sectoral review board;

đ) Summary table explaining and incorporating comments from the multi-sectoral Review Board;

e) Other related documents (if any).

8. Within three working days from the date of receiving the application file as stipulated in Clause 7 of this Article, the Department of Agriculture and Environment shall submit to the Provincial People's Committee for a decision to adjust the boundaries and area of the marine conservation zone.

9. Within five working days from the date of receiving the submitted application file from the Department of Agriculture and Environment, the Chairman of the Provincial People's Committee shall decide to adjust the boundaries and area of the provincial marine conservation zone according to Model No. 06 of Appendix V issued together with this Circular.

Chapter VI
MARKING FISHING GEAR; PROHIBITED FISHERY GEAR AND AREAS FOR PROHIBITED FISHERY ACTIVITIES WITH TIME LIMITS

Article 30. Marking Fishing Gear in Fishing Grounds

1. The gold hook fishing and trawl netting activities that operate with gold hooks or longline fishing over 200 meters in length on the sea; the trawling fishing must mark their fishing gear operating at sea according to the regulations stipulated in the Collision Regulations for Vessels at Sea.

2. Fishing operations using scraper on the sea must have clear markings indicating the area where fishing activities are taking place.

3. Organizations and individuals engaged in fishing must mark their fishing gear according to the provisions set out in Appendix VII attached hereto.

Article 31. Prohibited Fishing Methods and Gear

1. Criteria for Determining Prohibited Fishing Methods and Gear

Prohibited fishing methods and gear are determined based on one of the following criteria:

a) Fishing methods and gear causing harm and destruction to fishery resources, aquatic life habitats, and aquatic ecosystems that have been assessed for impact.

b) Fishing methods and gear listed in the prohibited category according to the regulations of regional fisheries management organizations to which Vietnam is a member or not a member but cooperates with.

2. List of Prohibited Fishing Methods and Gear in the Open Sea is specified in Appendix VIII attached hereto.

Article 32. Temporary Prohibited Fishing Areas

1. Criteria for Determining Temporary Prohibited Fishing Areas

Temporary prohibited fishing areas are determined based on one of the following criteria:

a) Areas where aquatic species reproduce in concentrated numbers, areas with higher egg density than surrounding regions;

b) Areas where immature aquatic species live in concentrated numbers, areas with higher density of young fish, shrimp, and larvae than surrounding regions;

c) Areas through which aquatic species migrate for reproduction;

d) Areas prohibited from fishing by regional fisheries management organizations to which Vietnam is a member or not a member but cooperates with.

2. Lists of Temporary Prohibited Fishing Areas in the Open Sea, areas spanning both the coastal zone and open sea; coastal zones, inland areas within the jurisdiction of two or more provinces or centrally-administered cities are specified in Appendix IX attached hereto.

Chapter VII
IMPLEMENTING PROVISIONS

Article 33. Effective Date

Clause 1. This Circular takes effect from January 1, 2026.

2. This Circular replaces Circular No. 19/2018/TT-BNNPTNT dated November 15, 2018 issued by the Minister of Agriculture and Rural Development guiding the protection and development of fishery resources.

3. Repeal Article 1 of Circular No. 01/2022/TT-BNNPTNT dated January 18, 2022 issued by the Minister of Agriculture and Rural Development amending and supplementing certain Circulars in the field of fisheries.

4. Repeal Articles 11, 12, 13, and 15 of Circular No. 10/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and Environment regarding the delegation, decentralization, and demarcation of state management authority in the field of fisheries and fishery inspection.

5. Repeal Article 1 of Circular No. 30/2025/TT-BNNMT dated June 27, 2025 issued by the Minister of Agriculture and Environment amending and supplementing certain Circulars in the fields of fishery inspection, protection, and development of fishery resources.

Article 34. Transitional Provisions

1. Applications for recognition and assignment of rights to community organizations, applications for modification and supplementation of the contents of Decisions recognizing and assigning rights to community organizations to implement co-management in the protection of fishery resources, which were received by state agencies or competent authorities before this Circular takes effect and have not yet been processed, shall continue to be handled according to the laws in force at the time of receipt; except in cases where organizations or individuals request implementation according to this Circular.

2. Permits for the exploitation of endangered, precious, and rare aquatic species issued before this Circular takes effect and are still valid or within their validity period shall continue to be used until their expiration date.

3. Projects for establishing provincial marine protected areas or projects for adjusting boundaries and areas of provincial marine protected areas that have convened inter-ministerial review boards before this Circular takes effect shall continue to be implemented according to the regulations in force at the time of submission for review until the Provincial People's Committee decides to establish or adjust the boundaries and areas of the marine protected areas.

4. The list of prohibited fishing methods and gear specified in Appendix X attached hereto will become invalid after the Provincial People's Committee issues the list of prohibited fishing methods and gear in coastal areas, estuaries, and inland waters according to point a, Clause 5, Article 13, amended and supplemented in Clause 2, Article 14 of the Law Amending and Supplementing Certain Provisions of 15 Laws in the Field of Agriculture and Environment.

5. The list of temporary prohibited fishing areas specified in Appendix XI attached hereto will become invalid after the Provincial People's Committee issues the list of temporary prohibited fishing areas in coastal areas, estuaries, and inland waters according to point a, Clause 5, Article 13, amended and supplemented in Clause 2, Article 14 of the Law Amending and Supplementing Certain Provisions of 15 Laws in the Field of Agriculture and Environment.

6. The list of fishery resource conservation areas specified in Appendix XII attached hereto will become invalid after the Chairman of the Provincial People's Committee issues the list of fishery resource conservation areas in coastal areas, estuaries, and inland waters under their jurisdiction according to point a, Clause 2, Article 17, amended and supplemented in Clause 4, Article 14 of the Law Amending and Supplementing Certain Provisions of 15 Laws in the Field of Agriculture and Environment.

Article 35. Responsibility for Implementation

1. Responsibilities of the State Management Agency for Fisheries under the Ministry of Agriculture and Environment:

a) Directing and providing professional guidance related to the work of protecting and developing fishery resources;

b) Training and disseminating the provisions of this Circular to organizations and individuals involved in activities related to the protection and development of fishery resources;

c) Organizing inspections of the implementation of this Circular's provisions in localities nationwide.

2. Responsibilities of the Provincial People's Committees:

a) Direct the competent agencies at the provincial level and the local authorities at the commune level to organize the implementation of the provisions set forth in this Circular;

b) Organize training and dissemination of the provisions of this Circular to organizations and individuals involved in activities related to the protection and development of aquatic resources within their jurisdiction;

c) Submit to the People's Council at the provincial level for promulgation and implementation of policies supporting co-management in the protection of aquatic resources; support policies for fishermen during periods when fishing is prohibited within the province, in accordance with each period and the budget balancing capacity of the locality;

d) Direct the local authorities at the commune level and the competent agencies to take the lead and coordinate with community organizations to patrol, inspect, control, and handle violations within their authority in areas implementing co-management. Develop plans and allocate funds for the organization and implementation of co-management in the protection of aquatic resources;

đ) Direct the Department of Agriculture and Environment, the People's Committee at the commune level to organize reviews, adjustments, and supplements to the Decision recognizing and delegating rights to community organizations to implement co-management in the protection of aquatic resources for those community organizations that have received Decisions prior to the effective date of this Circular, ensuring compliance with current administrative units and local government structures at two levels;

e) Allocate fishery inspection forces to carry out patrolling, inspection, control, and handling of violations in marine conservation areas under their management jurisdiction;

3. Responsibilities of relevant organizations and individuals:

Organizations and individuals involved in the investigation, assessment of aquatic resource stocks, and the living environment of aquatic species shall be responsible for managing, using, storing, securing information, sharing data, and reporting investigation results in accordance with laws on recordkeeping and other relevant laws;

4. During the implementation process, if there are difficulties, obstacles, or newly emerging issues, organizations and individuals shall promptly report them to the state management agency for fisheries under the Ministry of Agriculture and Rural Development for consolidation and reporting to the Ministry for consideration and appropriate amendments and supplements;