The enforcement of the law on administrative sanctions for violations in fisheries exploitation has achieved many positive results, but also revealed difficulties and limitations. The Ministry of Agriculture and Rural Development has issued a document requesting lessons learned from administrative sanctions in the fisheries sector, emphasizing the contents that need to be strictly implemented.
Pursuant to the Prime Minister's direction under Notice No. 403/TB-VPCP dated August 31, 2024 of the Government Office announcing the Conclusion of Prime Minister Pham Minh Chinh at the Conference on combating illegal, unreported and unregulated fishing (IUU), the Ministry of Agriculture and Rural Development conducted an inspection of the actual enforcement of the law on administrative sanctions for violations in seafood exploitation.
In the case of an administrative violation handling case (XPVPHC) where there is a reason for not being able to apply additional sanctions or remedial measures (BPKPHQ), the basis and reason for not applying must be clearly stated in the XPVPHC decision according to the content of note No. 12 in the decision form No. 02 issued with Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.
In the case where the current XPVPHC Decision has not been enforced, the competent authority or person has not enforced the XPVPHC decision according to regulations: The enforcement of the XPVPHC decision must follow the procedures for verifying information, assets... in accordance with legal regulations and encounters many difficulties and obstacles.
However, to ensure strict enforcement of legal regulations, especially in the context of the entire political system focusing on removing the EC's "Yellow Card", it is recommended that the People's Committees of provinces and cities direct agencies and units to urgently enforce the XPVPHC decision in accordance with the provisions of the Law on Handling of Administrative Violations (XLVPHC) in Decree No. 166/2013/ND-CP dated November 12, 2023 of the Government regulating the enforcement of decisions on handling administrative violations and other relevant legal provisions.
In cases requiring explanation, if the violator does not request an explanation, it is recommended to clearly state the opinion in the Administrative Violation Record that the individual or organization does not request to exercise the right to explanation according to the provisions of Clause 1, Article 17 of Decree No. 118/2021/ND-CP. In cases where the explanation period is stated as 2 working days/5 working days, it is necessary to fully record the 2 explanation rights of the violator.
In case the decision to impose an additional penalty of revoking the right to use a license or practice certificate is issued, it should be noted that the revocation period is calculated from the date the individual or organization receives the decision to impose a revocation. Determining the time of revoking the right to use a license or practice certificate by subtracting the time of temporary detention is not consistent with the provisions of the law on handling administrative violations.
In case the Administrative Violation Record (ARV) is made at the agency's headquarters, the reason must be clearly stated according to the instructions in note number (3) of the administrative violation record form issued with Decree No. 118/2021/ND-CP.
In case the Decision on Administrative Penalty recognizes mitigating circumstances, the Decision on Administrative Penalty must accurately reflect the circumstances according to the provisions of the Law. In case more specificity is needed in relation to a specific case, it must be accurately recorded and then explained.
In case the subject commits the violation of "Not maintaining operation or disabling the journey monitoring device during operations at sea for fishing vessels with the greatest length from 15 meters to less than 24 meters", it is necessary to clearly identify one of the two acts in the BBVPHC and the XPVPHC Decision (not maintaining operation or disabling the journey monitoring device during operations at sea for fishing vessels with the greatest length from 15 meters to less than 24 meters) to ensure clarity and detail...
