Resolution 52/NQ-CP 2024 Program on implementation of Directive 32-CT/TW combat against illegal fishing

RESOLUTION

Promulgating the Government’s Action Program and plans on implementation of Directive No. 32-CT/TW of April 10, 2024, of the Party Central Committee’s Secretariat, on enhancing the Party’s leadership over the combat against illegal, unreported and unregulated fishing and sustainable development of the fisheries sector^[1]

THE GOVERNMENT

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 21, 2017 Law on Fisheries;

Pursuant to Directive No. 32-CT/TW of April 10, 2024, of the Party Central Committee’s Secretariat, on enhancing the Party’s leadership over the combat against illegal, unreported and unregulated fishing and sustainable development of the fisheries sector;

At the proposal of the Minister of Agriculture and Rural Development;

Based on the results of votes of the cabinet members,

RESOLVES:

Article 1. To promulgate together with this Resolution the Government’s Action Program and plans on implementation of Directive No. 32-CT/TW of April 10, 2024, of the Party Central Committee’s Secretariat, on enhancing the Party’s leadership over the combat against illegal, unreported and unregulated fishing and sustainable development of the fisheries sector.

Article 2. This Resolution takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of the coastal provinces and centrally run cities, and related agencies, organizations and individuals shall implement this Resolution.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

GOVERNMENT’S ACTION PROGRAM

and plans on implementation of Directive No. 32-CT/TW of April 10, 2024, of the Party Central Committee’s Secretariat, on enhancing the Party’s leadership over the combat against illegal, unreported and unregulated fishing and sustainable development of the fisheries sector

(Promulgated together with the Government’s Resolution No. 52/NQ-CP
of April 22, 2024)

I. PURPOSES AND REQUIREMENTS

1. Purposes

a/ To concretize the objectives, tasks and solutions for effective implementation of Directive No. 32-CT/TW of April 10, 2024, of the Party Central Committee’s Secretariat, on enhancing the Party’s leadership over the combat against illegal, unreported and unregulated (IUU) fishing and sustainable development of the fisheries sector (below referred to as Directive No. 32-CT/TW); to expeditiously address limitations and weaknesses in the management and development of the fisheries sector and combat against IUU fishing over the recent past, ensuring effective implementation of the Party’s resolutions and guidelines on the Strategy for sustainable development of Vietnam’s marine economy up to 2030, with a vision toward 2045; and plans, strategies and national programs on sustainable development and international integration of the fisheries sector.

b/ To create vigorous improvements in the awareness of the role and importance of the combat against IUU fishing, thereby making changes in actions of authorities at all levels and sectors for the combat against IUU fishing; to heighten the state management capacity and intensify international cooperation activities in the combat against IUU fishing, and expeditiously redress problems and limitations in this combat.

c/ To regard the combat against IUU fishing as an important and urgent task of long-term significance for sustainable development of the fisheries sector; and as the responsibility of the entire political system and society; first of all, Party Committees, Party organizations and heads of sectors and localities shall bear direct responsibility for the leadership and direction work, creating consensus, synchronism and high determination to achieve the goal of removing the IUU Yellow Card warning in 2024 and sustainably maintain the achievements, thus contributing to socio-economic development; protection of sovereignty and sovereign rights over seas and islands; and raising of Vietnam’s political and diplomatic relations as well as profile on the international arena.

d/ Based on this Action Program, ministries, ministerial-level agencies, government-attached agencies and People’s Committees of the coastal provinces and centrally run cities shall formulate their specific plans, identify central tasks, allocate resources, and organize the implementation thereof for achievement of objectives, tasks and solutions for the combat against IUU fishing and sustainable development of the fisheries sector.

2. Requirements

a/ To clearly define the role and responsibilities of Party Committees, Party organizations and administrations at all levels, particularly heads of Party Committees, Party organizations and administrations at all levels as well as ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of the coastal provinces and centrally run cities and related agencies, organizations and individuals, for the combat against IUU fishing and sustainable development of the fisheries sector.

b/ To organize the study of Directive No. 32-CT/TW in a serious, practical and effective manner for thoroughly understanding its contents suitable to different subjects, levels and sectors so as to help cadres, civil servants, public employees, Party members, workers and fishermen in coastal areas and on islands grasp and clearly understand the basic contents of Directive No. 32-CT/TW.

c/ Party Committees, Party organizations and administrations at all levels, especially the grassroots level, should formulate, and concretize the contents of Directive No. 32-CT/TW into, their own monthly, quarterly and annual plans for implementation of Directive No. 32-CT/TW.

II. TASKS AND SOLUTIONS

1. Tasks and solutions up to May 2024

a/ Improving the efficiency of information and communication, training and campaigning activities to raise the awareness and sense of responsibility toward the combat against IUU fishing

- To organize the study, grasping and implementation of Directive No. 32-CT/TW and this Resolution.

- To carry out peak drives of information and communications at home and abroad as well as on international forums on Vietnam’s efforts to combat IUU fishing.

- To diversify forms of public communication, training and dissemination of regulations on combating IUU fishing to fishermen in coastal areas and on islands and related agencies and individuals; to actively carry out public communication and mobilization work, and promptly detect from afar and stop right ashore the fishing vessels and fishermen that attempt to commit violations, particularly those practicing illegal fishing in foreign seas.

- Media agencies shall increase the time volume for reporting and disseminating regulations on combat against IUU fishing, removal of “Yellow Card” warning, and typical and exemplary models, criticizing acts of violating the regulations on combat against IUU fishing, and violations subject to prosecution, trial or administrative sanctioning.

b/ Completing legal provisions related to the combat against IUU fishing

- To expeditiously promulgate a Circular amending and supplementing a number of articles of Circular No. 23/2018/TT-BNNPTNT of November 15, 2018, providing the inspection of fishing vessels; recognition of fishing vessels inspection facilities; assurance of technical safety of fishing vessels and fisheries resource surveillance vessels; registration of fishing vessels and fisheries official vessels; deregistration of fishing vessels and marking of fishing vessels, in order to manage and definitively handle fishing vessels that are neither registered, inspected nor licensed for fishing.

- To propose and coordinate with the Supreme People’s Court in scrutinizing, and guiding the uniform application of, the provisions of the Penal Code in handling acts related to illegal fishing in foreign seas.

c/ Synchronously and resolutely organizing the implementation of the law on fisheries in management of fishing fleets, and control of the operation of fishing vessels at sea and ports, ensuring their entry and exit’s compliance with law

- To conduct overall inspection and scrutiny of all fishing vessels in localities so as to firmly grasp the actual situation (number of vessels, fishing vessels for which registration/inspection/licensing has been already or not yet granted or has been expired; fishing vessels already transferred, traded or deregistered; fishing vessels operating outside provinces, fishing vessels not yet mounted with vehicle monitoring system (VMS), etc.); to strictly and resolutely handle fishing vessels not qualified for fishing in accordance with law.

- To work with, and directly guide, vessel owners in carrying out vessel registration, inspection and licensing procedures, and in updating the entire fishing vessel data to the Vietnam Fisheries Database (VNFishbase).

- To monitor and supervise all fishing vessels operating at sea via VMS, grasp information on and strictly handle those violating the regulations on VMS connectivity loss (failing to report on position once every 6 hours, losing connectivity for more than 10 days without driving vessels ashore, or losing connectively for more than 6 months or one year); to make lists for monitoring and definitively handling violations.

- To ensure that all fishing vessels of the length of 15 meters or more are accompanied by papers required by law (registration certificate, inspection certificate, fishing license and vessel mark) upon leaving and entering ports (including also private fish ports and wharves), are mounted with VMS which must operate normally under regulations when participating in fishing activities from the time of leaving ports and wharves via border-guard stations/posts to the time of entering wharves and ports.

- To manage and control all fishing vessels of a province that operate in other provinces and fishing vessels of other provinces that operate in a province, and establish mechanisms for information sharing and exchange among related localities in order to promptly stop and handle cases of IUU fishing.

- To conduct peak drives of patrol, inspection, control and enforcement of the law on fisheries in sea areas, particularly the adjacent seas areas, so as to conduct public communication and mobilization, give warnings, while stopping and promptly handling fishing vessels and fishermen that deliberately practice illegal fishing in foreign seas.

d/ Strictly complying with Vietnam’s and international regulations on confirmation, certification and traceability of fished aquatic products, ensuring that no illegally fished aquatic products are exported abroad

- To ensure that all fishing vessels of the length of 15 meters or more that load/unload fished aquatic products at fish ports (including private fish ports and wharves, etc.) must undergo supervision and traceability procedures (fishing logs, VMS data, conformity of output and species with fishing trades; particularly, cases of transshipment at sea, and output of yellow-fin and big eye tuna, swordfish, etc., should be strictly monitored and controlled).

- To conduct overall scrutiny of enterprises exporting aquatic products to European markets, ensuring that such products are accompanied with adequate and lawful dossiers, and strictly handle violations (even criminally handling violations if there are enough evidences); to pay special attention to shipments of yellow-fin and big eye tuna and swordfish.

- To expeditiously complete, put into synchronous and uniform use of, the electronic traceability system nationwide in order to monitor and control the transparency and legality under regulations for the confirmation and certification of origin of fished aquatic products.

- To strictly control imported shipments of fished aquatic products under regulations for swordfish and long-fin tuna transported in container vessels.

dd/ Carrying out investigation and verification, and resolutely handling acts of IUU fishing without exception; resolutely stopping, and putting an end to the situation of illegal fishing by fishing vessels and fishermen in foreign seas

- To synchronously, resolutely and comprehensively implement tasks and solutions, combining public communication and mobilization with monitoring, controlling and stopping and promptly handling right from ashore and at sea, resolutely stopping and putting an end to the situation of illegal fishing by fishing vessels and fishermen in foreign seas; to carry out investigation, and handle all detected violations.

- To arrange adequate instruments, means and forces (fisheries resource surveillance, border guard, public security, specialized inspection forces, etc.) to coordinate with commune/ward/township administrations in actively carrying out public communication and mobilization, detecting from afar, and stopping right from ashore the fishing vessels and fishermen that attempt to commit illegal fishing in foreign seas.

- To carry out verification and sanction all cases in which fishing vessels violate the regulations on VMS connectivity under regulations, trespass the law-permitted borders in seas, or are purchased/sold or transferred without vessel title transfer under regulations.

- To carry out investigation and resolutely handle cases in which a fishing vessel has its VMS mounted on another fishing vessel, or a fishing vessel supports the transport of, or transports, VMS of another fishing vessel.

- To focus on investigating, prosecuting, and strictly adjudicating those who act as brokers or organize the sending of Vietnamese fishing vessels and fishermen to foreign seas for illegal fishing; or legalize dossiers for exported shipments.

e/ International cooperation

- To raise the efficiency of international cooperation, especially with EU countries, in the combat against IUU fishing and sustainable development of the fisheries sector; to enhance diplomatic measures, making full use of the support of related parties in order to early remove the “Yellow Card” warning; not to let fishing vessels and fishermen illegally fish in foreign seas, affecting Vietnam’s relations with other countries.

- To grasp information on Vietnamese fishing vessels and fishermen that are arrested and handled by foreign countries; to promptly collect dossiers, documents, evidences, judgments and decisions of host countries to serve investigation, violation handling and citizen protection.

- To promptly carry out diplomatic struggle in cases in which Vietnamese fishing vessels and fishermen that do not conduct illegal fishing but are arrested and handled by foreign authorities in overlapping, disputed and not-yet-delimited sea areas with foreign countries.

g/ Resource allocation, inspection, examination and supervision

-  To allocate adequate resources (human resources, forces, funds, equipment and facilities) for functional agencies and forces; to increase forces and means for peak drives of law enforcement, patrol, inspection, control and supervision of the implementation of regulations against IUU fishing.

- To regularly carry out inspection and examination, and consider responsibility and strictly handle organizations and individuals that fail to fulfill their assigned tasks and responsibilities.

(The detailed plan is provided in Appendix I to this Action Program).

2. Long-term tasks and solutions

a/ To expeditiously review and finalize policies and laws in the fisheries sector, attaching importance to policies on aquaculture, fishing, protection and development of aquatic resources, and preservation and processing thereof for export; to adopt policies on support for fisheries modernization, livelihood improvement and vocational training, creating conditions for fishermen to fish offshore and earn their living based on the sea, and improve their living conditions; to guide the management of fisheries workers in accordance with domestic and international labor laws.

b/ To review, study and advise on competence to impose administrative sanctions in the fisheries sector for heads of Branches of provincial-level Departments of Agriculture and Rural Development that perform the state management of fisheries or perform fisheries resource surveillance functions and tasks in accordance with law in the course of formulating, amending and supplementing the Decree detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations in order to ensure that related functional agencies are fully competent to enforce the law on fisheries and IUU fishing combat.

c/ To invest state resources, and encourage the mobilization of social resources and public-private partnership for development of physical and technical foundations and fisheries infrastructures; to consolidate, and raise the capacity and sense of responsibility for the fisheries resource surveillance force and functional agencies in charge of managing fisheries activities, ensuring supply of instruments and means for law enforcement forces at sea to combat IUU fishing; to apply strong measures for career transition and sustainable career development, stepping up mariculture and reducing dependence on fishing for fishermen; to ensure that the quantity of fishing vessels and fishing capacity are suitable to aquatic resources in sea areas.

d/ To step up industrialization, modernization, application of advanced sciences and technologies, innovation and digitalization in aquaculture and fishing, establishing sustainable production chains and comprehensive eco-systems, creating conditions for long-term development of the fisheries sector toward circular economy, green economy and lower emission, so that the fisheries sector has prestige and high competitiveness, and is deeply involved in global supply chains, adaptable to climate change and environmentally friendly. At the same time, to attach importance to the conservation, protection and development of aquatic resources; to develop the fisheries sector in association with assurance of social security and sustainable livelihood, raising the material and spiritual life of fishermen and related workers; to build the national defense and security posture at sea, contributing to firm protection of sea and island sovereignty of the Fatherland.

dd/ To intensify international cooperation on fisheries, sending fishing vessels and fishermen for legal fishing outside Vietnam’s seas; to negotiate for delimiting the exclusive economic zones and continental shelves between Vietnam and other countries, and settle disputes at sea; to conduct search and rescue, ensuring security and safety for offshore fishermen; to fulfill Vietnam’s international responsibilities and obligations in implementing international commitments and treaties on protection of oceans, marine environment and eco-systems and aquatic resources.

e/ To organize the implementation of master plans, strategies and national programs related to sustainable development and international cooperation of the fisheries sector; to ensure effective implementation of the Party’s resolutions and guidelines on the Strategy for sustainable development of Vietnam’s marine economy up to 2030, with a vision toward 2045.

(The detailed plan is provided in Appendix II to this Action Program).

III. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Agriculture and Rural Development shall, as the standing body, assist the Government in regularly inspecting, supervising, guiding and urging the implementation of this Resolution; handle, or report to competent authorities for handling, matters arising in the course of implementation of this Resolution; and annually or upon request report on the implementation of this Resolution to the Government.

2. The Ministry of Finance:

Based on the central budget’s fund-balancing capacity and proposals of the Ministry of Agriculture and Rural Development and related ministries and sectors, to propose to competent authorities the balancing and allocation of central budget funds reserved for recurrent expenditures under current regulations on state budget decentralization in conformity with the state budget’s annual fund-balancing capacity in accordance with the Law on the State Budget and relevant legal documents for organizing the implementation of this Resolution.

3. The Ministry of Planning and Investment:

To arrange and allocate state budget funds and loans of the World Bank and other lawful funding sources for ministries, sectors and localities for investment in and upgrading of fisheries infrastructure, fish ports and storm shelters, implementation of mechanisms and policies in support of fishermen, combat of IUU fishing, sustainable development of the fisheries sector, and implementation of this Resolution.

4. Within the ambit of their functions, tasks and competence, related ministries, ministerial-level agencies and government-attached agencies and People’s Committees of the coastal provinces and centrally run cities shall:

- Organize the study and public communication of the contents of Directive No. 32-CT/TW for cadres, civil servants, public employees, workers, Party members and people of all strata.

- Work out specific plans for effective implementation of Directive No. 32-CT/TW and strict and effective performance of the tasks and solutions assigned to them in this Action Program; conduct preliminary and final reviews for evaluation of the implementation thereof, and before November 15 every year and upon request, sum up and report on the implementation results to the Ministry of Agriculture and Rural Development for reporting to the Government.

- Allocate adequate resources and direct, urge, inspect and supervise activities of combat against IUU fishing and sustainable development of the fisheries sector.

- Promptly reward and commend collectives and individuals that have recorded outstanding achievements; examine responsibility of, and strictly handle, organizations and individuals that have not fulfilled their their assigned responsibilities and tasks, especially heads of organizations, who let violations occur in the implementation of regulations on combat against IUU fishing, affecting the national efforts to remove the “Yellow Card” warning.

5. To request the Party Central Committee’s Commission for Communication and Education, the Party Central Committee’s Commission for Mass Mobilization, the Central Committee of the Vietnam Fatherland Front and socio-political organizations to step up public communication for mobilizing people of all strata to actively participate in the combat against IUU fishing and sustainable development of the fisheries sector, and proactively oversee these activities.

6. If deeming it necessary to amend and supplement specific contents of this Resolution in the course of implementation, related ministries, agencies and localities shall take the initiative in making proposals and send such proposals to the Ministry of Agriculture and Rural Development for study and summarization for reporting to the Government and Prime Minister for consideration and decision.-

* The Appendices to this Action Program are not translated.