Offshore fishing boats tied up in open waters

Many fishing vessels over 15m long are eligible to operate in offshore areas under the Fisheries Law, but are only granted technical safety certificates (inspections) that are mainly limited to offshore areas. This paradox puts fishermen in a dilemma: they can violate any area they go to sea.

Mr. Nguyen Dinh Ngoc's fishing boat (Ward 2, Vung Tau City) is 21m long, with a license to exploit offshore areas according to the 2017 Fisheries Law, but the fishing vessel technical safety certificate stipulates that the scope of operation is in offshore and coastal areas.

Fishing in any area is illegal.

Mr. Tran Van Tinh in Ward 5, Vung Tau City has a 19.2m long fishing boat with a capacity of 710CV, using purse seine and line fishing, specializing in offshore fishing for yellowstripe scad, mackerel, tuna, squid, etc. In early 2025, the boat's inspection expired. When he received the re-inspection certificate, he was shocked to discover that the technical safety certificate was issued with restricted zone II. That is, his fishing boat is only allowed to operate in waters no more than 50 nautical miles from shore or shelter (mainly in offshore and coastal areas). Meanwhile, the 2017 Fisheries Law stipulates that boats over 15m are granted a license to operate in offshore areas.

He holds two licenses with different operating zones, but he commits violations in both areas. If he goes offshore, he will violate the regulations against illegal, unreported and unregulated fishing (IUU), which fishermen across the country are seriously implementing to remove the European Commission's "yellow card" warning. If he goes offshore, over 50 nautical miles, his boat exceeds the limits of the fishing vessel technical safety certificate issued. If any risks occur, the captain and owner of the fishing boat will be responsible, and insurance will not pay compensation in any case, from hull insurance to crew insurance.

Faced with this paradox, Mr. Tinh had to let the ship… stay ashore. “It was stormy and windy, and there was no fish at sea, so I let the ship stay ashore to wait for the problem to be resolved,” Mr. Tinh said.

Two fishing boats of Mr. Nguyen Dinh Ngoc, Ward 2, Vung Tau City also encountered a similar situation. Mr. Ngoc's fishing boat is 21m long, with a capacity of 810CV, so it was granted a license to operate in the offshore area, but in mid-April 2025, when it went for re-inspection, the inspection unit issued a certificate of technical safety for fishing vessels in restricted zone II, not allowed to operate more than 50 nautical miles from shore and shelter.

“My fishing boat was built according to Decree 67. Previously, the two fishing boats were inspected under restriction level I, fishing within 200 nautical miles of all Vietnamese waters. This year, the boat was downgraded to restriction level II, only allowed to fish within 50 nautical miles or less, and the inspection unit did not have any document explaining the reason for this reduction in quota,” Mr. Ngoc was upset.

“There have been several cases where fishing boats sank while fishing in the open sea, but the insurance company refused to pay compensation because the boat went beyond the sea area that ensures technical safety according to the registration certificate. Meanwhile, the registration unit replied that the license was issued according to the National Standards and instructions of the Department of Fisheries. Why are there these contradictions?”, Mr. Ngoc wondered.

Consequences of overlapping instructions

At a dialogue workshop with fishermen and seafood businesses organized by the Department of Agriculture and Environment on June 3, Mr. Nguyen Bi, Head of the Fisheries Exploitation Department, said that from 2024, due to lack of human resources, the department will no longer be responsible for fishing vessel inspection. The issuance of technical safety certificates is currently carried out by private inspection units.

Mr. Bi added that the department had grasped this paradox several years ago after the 2017 Fisheries Law was issued, and recommended that the Department of Fisheries (now the Department of Fisheries and Fisheries Control, Ministry of Agriculture and Environment ) change the regulations on fishing vessel inspection according to TCVN 7111-2002.

Taking note of comments from coastal provinces and cities, on July 26, 2021, the Ministry of Agriculture and Rural Development issued Circular 07/2021/TT-BNNPTNT signed by Deputy Minister Phung Duc Tien, stipulating the "National technical regulation on classification and construction of fishing vessels with a maximum length of 12 meters to less than 24 meters", code number QCVN 02-35:2021/BNNPTNT. Circular 07 amended restriction level II to increase the operating range of fishing vessels from 50 nautical miles according to the old regulations to 100 nautical miles, and restriction level III from 20 nautical miles to 50 nautical miles.

However, in Official Dispatch No. 1330/TS-QLTC signed by Deputy Director of the Department of Fisheries Nhu Van Can on November 14, 2023, guiding a number of contents related to fishing vessel inspection for localities, the Department of Fisheries instructed inspection units that for fishing vessels built or converted before the issuance date of Circular 07/2021, the old regulations according to TCVN 7111-2002 will still apply.

This document also requires inspection units to supplement the scope of fishing vessel operations according to the restricted classification I, II, III in the fishing vessel technical safety certificate (previously not stated - PV).

“According to the instructions of Official Dispatch 1330, the new inspection units added the line that fishing vessels classified under restriction II can only operate in waters no more than 50 nautical miles from the shore or shelter. This completely contradicts the regulation that fishing vessels over 15m operate in offshore areas according to the 2017 Fisheries Law,” Mr. Nguyen Bi explained.

According to the Department of Agriculture and Environment, the province has more than 1,000 fishing vessels over 15m that are stuck with this inspection regulation, making it difficult to implement the anti-IUU regulation. "We will continue to send recommendations to the Ministry of Agriculture and Environment to quickly remove this bottleneck to ensure the livelihood and rights of fishermen going offshore, protecting the country's sovereignty over the sea and islands," affirmed Ms. Pham Thi Na, Deputy Director of the Department of Agriculture and Environment.

Article and photos: NGOC MINH

Source: https://baobariavungtau.com.vn/kinh-te/202506/tau-ca-vung-khoi-bi-troi-o-vung-long-1044678/