A mechanism for issuing fines based on photographic evidence is needed.

To date, the installation of vessel tracking systems (VMS) across the province has been largely completed, and the monitoring of fishing vessels through the system has been vigorously implemented by relevant authorities. As a result, fishing vessels that cross maritime boundaries or lose VMS connectivity for extended periods are detected promptly. However, handling violations by vessels that lose VMS connectivity remains challenging as specific guidelines under the new decree are still pending.

Maximizing the effectiveness of the Monitoring Center

To date, the entire province has 1,942 active fishing vessels equipped with VMS (Vehicle Monitoring System), achieving a 100% installation rate. Of these, 37 vessels over 24 meters in length have installed the system, while 1,905 vessels between 15 and under 24 meters have installed it. Additionally, 11 fishing vessels have not yet installed VMS equipment. Verification in various localities revealed that these vessels have ceased operations due to damage, being docked, enforcement proceedings, or civil disputes. The Fisheries Sub-Department has compiled a list for close management and monitoring, including specific information on their current location and contact phone numbers.

100% of fishing vessels 15 meters or longer currently in operation have installed VMS equipment. (Photo: N. Lan)

Since the 4th inspection (October 2023) by the EC inspection team, Binh Thuan province has had 69 fishing vessels that lost connection for more than 6 hours without reporting their location to shore. The Fisheries Sub-Department has directed regional Fisheries Inspection Stations to coordinate with Border Guard Posts and local authorities to verify and remind vessel owners to maintain proper connection while operating at sea. In addition, there are 43 fishing vessels that lost connection for 10 days without returning to shore as required. The Fisheries Sub-Department has verified and processed 24 cases, while the remaining 19 vessels are still under investigation and processing according to regulations. Regarding fishing vessels that lost connection for more than 6 months or 1 year, there are 204 cases. Through review and inspection, 177 fishing vessels lost connection while at shore and ceased using the service, and 27 vessels lost connection at sea but returned to shore before 10 days prior.

Through the fishing vessel monitoring system, we closely monitor the fleet operating at sea.

According to verification results from Fisheries Surveillance Stations in coordination with Border Guard Posts, local authorities, and service providers, the loss of VMS connectivity by fishing vessels for more than 6 months is mainly due to inactivity, non-use of services, vessels remaining ashore, and failure to pay fees. Most of these fishing vessels are anchored at local fishing ports and are being closely monitored by local authorities. Notably, from the beginning of 2023 to the present, Binh Thuan has recorded 23 instances of fishing vessels crossing the permitted boundary (including 5 cases of equipment malfunctions, 13 cases where the duty officer directly contacted the captain requesting the vessel return to Vietnamese waters, and 4 cases where the captain was contacted and the vessel owner's family was also involved). In 2024, there was 1 case of a fishing vessel crossing the boundary; the duty officer issued a notification and requested the City's IUU Steering Committee to take action. Phan Thiet authorities held a meeting with the ship owner, requesting the captain of the vessel BTh-99398-TS to urgently return the ship to Vietnamese waters.

A delegation from the Ministry of Agriculture recently inspected IUU (Illegal, Unreported, and Unregulated) fishing activities at the provincial fishing vessel monitoring center.

Timely guidance is needed.

In order to ensure that violations in fisheries activities are thoroughly addressed and to meet the recommendations of the European Commission, and to strive to remove the "Yellow Card" this year, the Government has recently issued Decree No. 38/2024/ND-CP replacing Decree No. 42/2019/ND-CP dated May 16, 2019, which stipulates administrative penalties for violations in the fisheries sector.

According to this decree, fishing vessels that lose connectivity for more than 6 hours or more than 10 days, or vessels that cross the boundary without reporting their location, will be subject to penalties. However, implementation is hampered by overlapping laws. According to Decree 38: “Technical equipment and devices must meet technical standards and regulations and have been inspected and calibrated…”. Meanwhile, Decree 135/2021/ND-CP stipulates: “Prohibited acts: Using technical equipment and devices that do not meet technical standards and regulations as prescribed…”, but there is no mention of which equipment and devices meet the standards.

We propose that the Ministry of Agriculture and Rural Development promptly issue guidelines on the use of technical equipment and devices for detecting administrative violations in the fisheries sector.

Regarding this issue, Mr. Le Thanh Binh, Deputy Head of the Fisheries Sub-Department, explained: “Previously, before Decree 38, localities could handle vessels that lost VMS connectivity through technical equipment. However, currently, the Ministry of Agriculture and Rural Development has not yet issued detailed guidelines to concretize this decree, therefore localities are confused and lack a basis to issue ‘on-the-spot fines’ to fishing vessels that violate regulations through the monitoring system.” Besides the poor quality of many VMS devices and the lack of timely maintenance and repair, determining whether the problem is due to the equipment or the user when a malfunction occurs is also very difficult. Mr. Binh further explained: “According to Decree 26/2019/ND-CP, when a fishing vessel's VMS device malfunctions, the captain must report the location every 6 hours and bring the vessel back to shore within 10 days. Cases of connection loss due to technical faults, satellite signal loss, etc., do not require reporting the location every 6 hours and bringing the vessel back to shore. Therefore, determining a violation by the captain when the VMS device loses connection not due to malfunction is unconvincing. Especially, the number of fishing vessels losing connection for more than 6 hours daily is extremely large, sometimes exceeding 100 vessels, and in most cases, the fault is not due to the ship owner or captain but to the equipment, making penalties very difficult.”

Given these difficulties, the Provincial Department of Agriculture and Rural Development has requested the Ministry of Agriculture and Rural Development to promptly issue guidelines on the use of technical equipment and devices for detecting administrative violations in the fisheries sector. In addition, it has requested the Fisheries Department to organize an inspection and review to reassess the quality and conformity with standards and regulations of VMS equipment and technical infrastructure of VMS service providers. It has also requested the Department to promptly direct the completion of the fishing vessel monitoring software to address current shortcomings and limitations, especially regarding the adjustment of anchorage areas in coastal islands and coastal communes.

Source: https://baobinhthuan.com.vn/xu-ly-tau-mat-ket-noi-vms-can-co-che-phat-nguoi-119507.html