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MINISTRY OF AGRICULTURE AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 88/2025/TT-BNNMT

Hanoi, December 31, 2025

 

CIRCULAR

GUIDELINES FOR PROTECTION AND DEVELOPMENT OF AQUATIC RESOURCES

Pursuant to the Law on Fisheries No. 18/2017/QH14, amended by the Law No. 146/2025/QH15;

Pursuant to the Government's Decree No. 35/2025/ND-CP dated February 25, 2025 on functions, duties, powers and organizational structure of the Ministry of Agriculture and Environment;

At the request of Director of Vietnam Directorate of Fisheries;

The Minister of Agriculture and Environment promulgates Circular on guidelines for protection and development of aquatic resources.

Chapter I

GENERAL PROVISIONS

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This Circular elaborates some contents of the 2017 Law on Fisheries, including:

1. Clause 10, Article 10 (amended by point b, clause 21, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

2. Clause 5, Article 12 (amended by point e, clause 21, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

3. Point b clause 3 Article 13 (amended by point e, clause 21, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws); clause 4 Article 13 (amended by clause 2 Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

4. Clause 2 Article 16 (amended by point e, clause 21, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws); clause 4 Article 16 (amended by clause 3 Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

5. Point a clause 2 Article 17 (amended by clause 4, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws); clause 4 Article 17 (amended by point e clause 21 Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

6. Clause 3, clause 4 Article 10 (amended by clause 9, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

7. Point c clause 2, Article 52 (amended by point e, clause 21, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

8. Clause 3, Article 99 (amended by point b, clause 21, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws).

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This Circular applies to Vietnamese and foreign organizations and individuals whose operation involves protection and development of aquatic resources; commercial fishing; aquaculture, processing, export, import, re-export, introduction from the sea, and transit of aquatic species prescribed in Appendices of Convention on International Trade in Endangered Species of Wild Fauna and Flora and endangered, precious and rare aquatic species within the territory of Vietnam.

Article 3. Definition of terms

In this Circular, the terms below are construed as follows:

1. Subdivision under strict protection of a marine protected area (MPA) refers to territorial waters, island, archipelago, or coastal area determined to defend integrity and status quo, and monitor the natural developments of aquatic flora and fauna and marine natural ecosystems.

2. Ecological recovery subdivision of an MPA refers to territorial waters, island, archipelago or coastal area determined to recover and regenerate aquatic flora and fauna, and marine natural ecosystems.

3. Service - administration subdivision of an MPA refers to territorial waters, island, archipelago or coastal area determined to provide services, and carry out administration-related activities and controlled fishing activities.

4. Ecotone of an MPA refers to territorial waters, island, archipelago or coastal area surrounding or adjacent to the inside boundary of a protected area in order to prevent and mitigate adverse external impacts on the protected area.

5. Bycatch fishing of endangered, precious and rare aquatic species refers to endangered, precious and rare aquatic species being caught or injured or killed due to bycatch fishing by humans.

6. Introduction from the sea of endangered, precious and rare aquatic species refers to transportation into Vietnam of endangered, precious and rare aquatic species which were caught in the marine environment not under the jurisdiction of any State.

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1. An organization/individual may submit documents and receive results of processing administrative procedures by the following methods:

a) in person at single-window section;

b) by post as prescribed by the Prime Minister, service provided by an enterprise/individual or authorization as prescribed by law;

c) online at the national public service portal.

2. Forms of documents:

a) If documents are submitted by the methods specified in points a and b clause 1 of this Article, the documents must be authentic copies or original copies or true copies or certified true copies;

b) If documents are submitted by the method specified in point c clause 1 of this Article, the documents must be electronic authentic copies or scanned authentic copies or original copies as prescribed.

3. Number of documents: 01 set.

4. Receipt of administrative procedure documents, methods for payment of fees, charges, and fulfillment of other financial obligations, and methods for returning results of processing administrative procedure shall comply with the Government's regulations on initiation of administrative procedures by employing single-window system and inter-agency single-window system at single-window section and national public service portal.

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6. The organization/individual shall be held responsible for the legality of the submitted documents.

7. A competent authority processing administrative procedures shall immediately confirm the adequacy of documents in the case specified in point a, clause 1 of this Article; and shall confirm the adequacy of documents within 01 working day in the cases specified in points b and c, clause 1 of this Article.

Chapter II

CO-MANAGEMENT OF AQUATIC RESOURCE PROTECTION

Article 5. Recognizing and assigning management to communities

1. An application for recognition and assignment of management to a community includes:

a) An application form, using Form No. 01 in the Appendix I enclosed with this Circular;  

b) A plan for protection and exploitation of aquatic resources in area where co-management is expected to take place, using the Form No. 02 in the Appendix I enclosed with this Circular;

c) Charter of the community, using Form No. 03 in the Appendix I enclosed with this Circular;

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2. Procedures for recognizing and assigning management to a community:

a) The community representative shall submit an application specified in clause 1 of this Article, to the commune-level People's Committee in case of application for recognition and assignment of management in an area located in a commune; or to the Department of Agriculture and Environment in case of application for recognition and assignment of management in an area located in two or more communes;

b) Within 02 working days from the date of receipt of the complete application, the commune-level agriculture and environment authority or the Department of Agriculture and Environment shall publish the plan for protection and exploitation of aquatic resources on mass media and at the head office of the People’s Committee of commune or People’s Committee of province and residential area where the co-management is expected to take place;

c) Within 30 working days from the date of publishing the plan, the commune-level agriculture and environment authority or the Department of Agriculture and Environment shall appraise the application and submit it to the Chairperson of the commune-level People’s Committee or provincial People’s Committee for consideration and decision.

d) Within 03 working days from the date of receipt of the application, the Chairperson of the commune-level People’s Committee or provincial People’s Committee shall decide recognition and assignment of management to the community, using the Form No.05 in the Appendix I enclosed with this Circular.  In case of refusal, a written reply, clearly stating reasons must be provided.

3. The appraisal of application for recognition and assignment of management to the community shall cover:

a) The satisfaction of the conditions specified in clause 1 Article 10 of the Law on Fisheries;

b) The conformity of the plan for protection and exploitation of aquatic resources in area where co-management is expected to take place and the community’s charter with regulations of the law on fishers, relevant laws and local current condition.

Article 6. Amendments to Decision on recognition and assignment of management to community

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a) Renaming of the community;

b) Change of the community representative;

c) Amendments to the Charter of the community;

d) Change or addition of the location, boundary of the assigned geographical area, and the plan for protection and exploitation of aquatic resources;

dd) Change or addition of scope of management and the plan for protection and exploitation of aquatic resources.

2. An application for amendments to the Decision on recognition and assignment of management to a community includes:

a) An application form, using Form No. 06 in the Appendix I enclosed with this Circular;

b) A report on assessment of implementation result and draft plan for protection and exploitation of aquatic resources in case of amendments to the plan for protection and exploitation of aquatic resources; change or addition of location, boundary of the assigned geographical area or scope of management;

c) A report on assessment of implementation result and draft charter in case of amendments to the charter of the community;

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3. Procedures for amendments to the Decision on recognition and assignment of management to the community in case of renaming of the community, change of the community representative and charter;

a) The community representative shall submit an application specified in clause 2 of this Article to the commune-level People’s Committee or the Department of Agriculture and Environment;

b) Within 05 working days from the date of receipt of the complete application, the commune-level agriculture and environment authority or the Department of Agriculture and Environment shall submit the application to the Chairperson of the commune-level People’s Committee or provincial People’s Committee for consideration and decision on amendments to the Decision.  In case of refusal, a written reply, clearly stating reasons must be provided.

4. Procedures for amendments to the Decision on recognition and assignment of management to the community in case of change or addition of the location, boundary of the assigned geographical area and the plan for protection and exploitation of aquatic resources or scope of management and the plan for protection and exploitation of aquatic resources:

a) The community representative shall submit an application specified in clause 2 of this Article to the commune-level People’s Committee or the Department of Agriculture and Environment;

b) Within 02 working days from the date of receipt of the complete application, the commune-level agriculture and environment authority or the Department of Agriculture and Environment shall publish the application for amendments on mass media and at the head office of the People’s Committee of commune or People’s Committee of province and residential area where the co-management is expected to take place;

c) Within 30 working days from the date of publishing the application, the commune-level agriculture and environment authority or the Department of Agriculture and Environment shall appraise the application in accordance with clause 3 Article 5 of this Circular and submit it to the Chairperson of the commune-level People’s Committee or provincial People’s Committee for consideration and decision.

d) Within 03 working days from the date of receipt of the application, the Chairperson of the commune-level People’s Committee or provincial People’s Committee shall decide to amend the Decision on recognition and assignment of management to the community, using the Form No.07 in the Appendix I enclosed with this Circular.  In case of refusal, a written reply, clearly stating reasons must be provided.

Article 7. Reporting operation of a community

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Chapter III

NVESTIGATION INTO AND ASSESSMENT OF AQUATIC RESOURCES AND LIVING ENVIRONMENT OF AQUATIC SPECIES

Article 8. Investigation into and assessment of aquatic resources and living environment of aquatic species

Investigation into and assessment of aquatic resources and living environment of aquatic species shall be carried out according to the following procedures:

1. Design an investigation.

2. Prepare for the investigation.

3. Conduct the investigation.

4. Analyze investigation results.

5. Processing investigation data.

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7. Input investigation data into the national database of protection and development of aquatic resources and retain investigation results in accordance with regulations.

Article 9. Guidelines for overall investigation into and assessment of aquatic resources and living environment of aquatic species

1. An overall investigation into and assessment of aquatic resources and living environment of aquatic species shall focus on:

a) Components, catches, density, richness, distribution and reserves of aquatic species, allowable catches of aquatic resources;

b) Biological characteristics of aquatic species;

c) Environment, hydrology, oceanography and other aquatic animals related to aquatic resources;

d) Other contents defined according to requirements for management and sustainable use of aquatic resources.

2. An overall investigation into and assessment of aquatic resources and living environment of aquatic species shall be carried out as follows:

a) Design an investigation: collect documents and data on subject and place; design an investigation plan;

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c) Conduct the investigation: check status of tools and equipment used for the investigation; collect samples of investigation subjects using an appropriate method; analyze and determine samples of components of aquatic resources, catches and biological characteristics of aquatic species; handle sample of each subject in the field using an appropriate method; collect and record information in the field;

d) Analyze investigation results: analyze and handle samples of specimens; biocriteria, samples of bottom deposits, balneological criteria; plankton, benthos; roe, juvenile fish, shrimp larvae, juvenile shrimps;

dd) Process investigation data: use statistical tools and software and other software to analyze and adjust data;

e) Report investigation results: prepare thematic and consolidated reports on assessment of aquatic resources and living environment of aquatic species;

g) Input investigation data into the national database of protection and development of aquatic resources and retain investigation results in accordance with regulations;

h) Other tasks performed upon request.

Article 10. Guidelines for investigation into commercial fishing

1. An investigation into and assessment of commercial fishing shall focus on:

a) The number of fishing vessels;

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c) Collection and analysis of biological samples, including components of species in a group of aquatic products or catches of aquatic species caught by fishing fleets; catch frequency and length of aquatic species; analysis of biological samples of aquatic species.

2. An investigation into and assessment of commercial fishing shall be carried out as follows:

a) Design an investigation: investigation and sample collection must take place at fish ports or aquatic product unloading sites; regarding fishing vessels which do not unload aquatic products at fish ports, measure representative output depending on groups of fishing vessels (classify by lines of business and greatest length of the vessels); regarding subjects of the investigation: must count all fishing vessels in the area (classify by lines of business and group of fishing vessels based on greatest length of the vessels; number of days of operation; list all aquatic species caught in the area (classify by components/groups of aquatic species caught); biological data of aquatic species among those caught;

b) Prepare for the investigation: provide personnel, equipment and a plan for implementation;

c) Conduct the investigation: list aquatic species and collect information about fishing and catches, using Form No. 01 in Appendix II issued together with this Circular; collect and analyze biological fishery samples, using Form No. 02 in Appendix II issued together with this Circular;

d)  Analyze investigation results: analyze samples of components of species of product groups, fisheries biological samples;

dd) Process investigation data: use statistical tools and software and other software to analyze and adjust data;

e) Report on investigation results, including total number of fishing vessels, fishing vessel structure by lines of business, group of fishing vessels by the greatest length; total catches, aquatic product ratio by species/group of species; aquatic product sale price by species/group of species; current fishery biology conditions, current fishery activity conditions, and proposed solutions for management of catching and protection of aquatic resources.

g) Input investigation data into the national database of protection and development of aquatic resources and retain investigation results in accordance with regulations;

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Article 11. Guidelines for thematic investigation into and assessment of aquatic resources and living environment of aquatic species

1. A thematic investigation into and assessment of aquatic resources and living environment of aquatic species shall focus on at least one of the contents specified in clause 1 Article 9 of this Circular;

2. A thematic investigation into and assessment of aquatic resources and living environment of aquatic species shall be carried out as prescribed in clause 2 Article 9 of this Circular, in a manner which is consistent with the selected contents and subjects of the investigation.

Article 12. Results of investigation into and assessment of aquatic resources and living environment of aquatic species

Results of investigation into and assessment of aquatic resources and living environment of aquatic species include:

1. Data on investigation into aquatic resources and living environment of aquatic species and commercial fishing.

2. Thematic report on each specific content and subject.

3. Consolidated reports on results of investigation into and assessment of aquatic resources and living environment of aquatic species, containing at least: current conditions of aquatic resources, commercial fishing, biological characteristics of aquatic species, environment, hydrology, oceanography, roe, juvenile fish, shrimp larvae, juvenile shrimps and other contents according to the program (if any).

4. Map and diagram related to aquatic resources and living environment of aquatic species and commercial fishing.

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6. Other documents/ products (if any).

Chapter IV

MANAGEMENT OF ENDANGERED, PRECIOUS AND RARE AQUATIC SPECIES

Article 13. List of endangered, precious and rare aquatic species and criteria for determining whether an aquatic species is endangered, precious or rare

1. Endangered, precious and rare aquatic species are classified into 2 groups, including Group I and Group II.

2. An endangered, precious or rare aquatic species shall be classified into Group I if the following criteria are met:

a) Being aquatic species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as “CITES”) and naturally distributed in Vietnam;

b) Being aquatic species naturally distributed in Vietnam and included in categories, ranging from Endangered (EN) to Critically Endangered (CR) categories according to IUCN criteria or the Vietnam Red Data Book.

3. An endangered, precious or rare aquatic species shall be classified into Group II if the following criteria are met:

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b) Being aquatic species naturally distributed in Vietnam and included in categories, ranging from (Vulnerable - VU) categories according to IUCN criteria or the Vietnam Red Data Book.

4. The List of endangered, precious and rare aquatic species is provided in the Appendix II hereof.

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

1. It is prohibited from catching endangered, precious or rare aquatic species classified into Group I.

2. An organization/individual is permitted to catch endangered, precious or rare aquatic species in the following cases:

a) Catching endangered, precious and rare aquatic species classified into Group II when complying with regulations in section B in the Appendix III enclosed with this Circular;

b) Catching endangered, precious and rare aquatic species classified into Group I or Group II for the purposes of conservation, scientific research, creation of original breeds or international cooperation without meeting the conditions specified in section B in the Appendix III enclosed with this Circular.

3. The organization/individual catching endangered, precious and rare aquatic species specified in point b clause 2 of this Article shall obtain a written approval from the Department of Agriculture and Environment in accordance with Article 15 of this Circular.

4. Producers of breeds of endangered, precious and rare aquatic species with a scale of at least 1.000 individuals shall release at least 2% of total number of individuals annually produced into natural water areas in a manner appropriate to biological and ecological characteristics of aquatic species. Procedures for recovery of endangered, precious and rare species of aquatic organisms shall be carried out as follows:

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b) 07 days before the recovery of endangered, precious and rare species of aquatic organisms, the producer’s owner shall send a written notification to the provincial fishery authority in person or by email for cooperation.

5. Endangered, precious and rare aquatic species that is an exhibit used for commission of a violation or evidence confiscated in accordance with the Criminal Code or the Criminal Procedure Code or of which ownership is voluntarily transferred by its owner (except for aquatic species listed in Group I of the List of endangered, precious, and rare aquatic species and Appendix I of CITES, and handled according to regulations on management of forest products; disposition of forest products and aquatic products being property under the public ownership) shall be handled as follows:

a) The individual that remains alive shall be released into its natural habitat; if it is injured, it shall be transferred to the biodiversity conservation establishment that has the aquatic species rescue function or to the MPA management boards so that it is nurtured and cured before being released into its natural habitat;

b) The exhibit that is a dead individual or part thereof shall be transferred to the Vietnam National Museum of Nature or research institute so that it can be used as a specimen and for display, research, dissemination or education or shall be destroyed in accordance with Vietnam’s law;

c) If the exhibit that is a dead individual or part thereof cannot be transferred according to regulations in point b of this clause or it is confirmed that the exhibit is sick and likely to cause dangerous disease, it is required to destroy it immediately. The destruction shall comply with applicable regulations of the laws on veterinary medicine, environmental protection and quarantine of plants.

6. Procedures for rescuing endangered, precious or rare aquatic species that is injured or stranded, except for the case specified in clause 5 of this Article shall be carried out as follows:

a) Any organization and individual that finds an endangered, precious or rare aquatic species injured or stranded shall notify the commune-level authority or the provincial fishery authority or the biodiversity conservation establishment that has the aquatic species rescue function;

b) If the commune-level authority or the provincial fishery authority receives information or species transferred by the organization/individual, it shall notify the biodiversity conservation establishment that has the aquatic species rescue function so that it gives first aid and nurtures the species while waiting for the transfer;

c) The biodiversity conservation establishment that has the aquatic species rescue function shall receive endangered, precious and rare aquatic species transferred and make a transfer record, using the Form No. 01 in the Appendix IV hereof.

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a) rescue, cure, nurture and assess the adaptability of the rescued aquatic species before releasing them into their natural habitat. If the rescued species is dead during the rescue and cure, the rescue center may use it as a specimen to serve dissemination and education or transfer it to the Vietnam National Museum of Nature or research institute. If the rescued species is not able to live in its natural habitat, the rescue center shall nurture or transfer it to an appropriate organization for the purpose of research, dissemination or education;

b) submit a report on rescue of endangered, precious and rare aquatic species to the fishery authority affiliated to the Ministry of Agriculture and Environment by November 20th , using the Form No. 02 in the Appendix IV and when requested.

8. If the dead endangered, precious or rare aquatic species is not kept, stored or produced for the purposes of research, dissemination or education, the commune-level People's Committee shall cooperate with the provincial fishery authority in handling it in accordance with practices or bury or destroy it according to regulations of laws on veterinary medicine, environmental protection and quarantine of animals/plants.

9. During the process of fishing, any organization/individual that detects or unintentionally catches endangered, precious or rare aquatic species shall be responsible for recording information on a fishing logbook, or reporting the fishing or assessing health status and handling it as follows:

a) If the individual remains alive, it shall be released into the fishing area;

b) If the individual is injured and rescuable, first aid shall be provided to the best of your ability and the individual shall be released into its natural habitat; in case the individual is brought ashore for rescue, it shall be rescued according to rescue procedures specified in clause 6 of this Article;

c) If the individual is injured to such an extent that it is impossible to cure it or dead, regulations in clause 8 of this Article shall be applied.

10. The organization/individual engaged in the fishing, when detecting a marine mammal or sea turtle within their operational area, must take one of the following measures to dispel them, ensuring safety and avoiding impacts on its lives:

a) Use sounds by the way of blowing whistles or knocking on the hull of the vessel; install acoustic deterrent devices on gillnets; use lighting equipment; or attach lighting devices to fishing gear;

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c) Take other measures in accordance with guiding documents.

Article 15. Issuance of written approval for catching of endangered, precious and rare aquatic species

1. An application for approval includes:

a) An application form, using Form No. 03 Appendix IV enclosed with this Circular.

b) A catching plan, using Form No. 04 Appendix IV enclosed with this Circular.

2. Procedures:

a) The applicant shall submit an application specified in clause 1 of this Article to the Department of Agriculture and Environment.

b) Within 15 working days from the date of receipt of the complete application, the Department of Agriculture and Environment shall appraise it (an appraisal council may be established if conservation, scientific research, creation of original breeds or international cooperation tasks are not approved by a state authority), consult the commune-level People's Committee or the organization assigned to manage the area where the species is expected to be caught and consider deciding to issue the written approval using the Form No. 05 in the Appendix IV enclosed with this Circular.  In case of refusal, a written reply, stating reasons must be provided.

3. The written approval for catching of endangered, precious and rare aquatic species is effective until completion of the conservation, scientific research, creation of original breeds or international cooperation tasks.

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Article 16. Tracing of aquatic species included in Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and endangered, precious and rare aquatic species derived from aquaculture

1. An application for tracing includes:

a) An application form, using Form No. 06 Appendix IV enclosed with this Circular;

b) A book of rearing, breeding and artificial propagation of endangered, precious and rare aquatic species included in the CITES Appendix, using the Form No. 07 in the Appendix IV enclosed with this Circular. Regarding aquatic species included in the Appendix I of CITES and nurtured for the purpose of export, such book shall comply with regulations of the law on management of endangered, rare and precious species; the breeding of common wild fauna; and the enforcement of the convention on international trade in endangered wild fauna and flora.

2. Procedures:

a) The applicant shall submit the application specified in clause 1 of this Article to the commune-level People's Committee;

b) Within 03 working days from the date of receipt of the complete application, the commune-level People's Committee shall issue a Certificate of Origin, using Form No. 08 in Appendix IV issued together with this Circular. If a field inspection is required to verify the accuracy of information in the book of rearing, breeding and artificial propagation of endangered, precious and rare aquatic species, the Certificate of Origin shall be issued within 07 working days from the date of receipt of the complete application. In case of refusal, a written reply, stating reasons must be provided.

Article 17. Tracing of CITES-listed aquatic species, and endangered, precious and rare aquatic species derived from nature

1. An application includes:

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b) Written approval for catching of endangered, precious and rare aquatic species;

c) A fishing report and fishing logbook.

2. An application for tracing a specimen of endangered, precious or rare aquatic species derived from nature before the effective date of the regulation on prohibition against catching thereof includes:

a) An application form, using Form No. 06 Appendix IV enclosed with this Circular;

b) Documentary evidences for specimen origin confirmed by the fishing port management organization or the commune-level People’s Committee or the provincial fishery authority at the time of exploitation; sale or donation contract notarized at the time of sale or donation in case the applicant does not directly exploit the specimen.

3. Tracing procedures:

a) The applicant shall submit the application specified in clause 1, clause 2 of this Article to the commune-level People's Committee;

b) Within 05 working days from the date of receipt of the complete application, the commune-level People's Committee shall inspect the application and issue a Certificate of Origin, using Form No. 09 in Appendix IV issued together with this Circular. In case of refusal, a written reply, stating reasons must be provided.

Article 18. Rearing, breeding and artificial propagation of CITES-listed aquatic species, and endangered, precious and rare aquatic species

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2. Establishments rearing and artificially propagating aquatic species included in the Appendix I of CITES for non-export purpose; aquatic species included in the Appendix II and the Appendix III of CITES and endangered, precious and rare aquatic species shall comply with regulations of the law on aquaculture establishments.

3. Establishments farming aquatic species included in the Appendix I of CITES for the purpose of export shall comply with regulations of the law on management of endangered, rare and precious species; the breeding of common wild fauna; and the enforcement of the convention on international trade in endangered wild fauna and flora.

Article 19.  Processing of endangered, precious and rare aquatic species

Organizations and individuals involved in processing of endangered, precious and rare aquatic species must satisfy the following requirements:

1. Specimens of endangered, precious and rare aquatic species must be of legal origin as prescribed by law.

2. Finished products sold on the market must be labeled in accordance with regulations of law on goods labeling.

3. Regulations on food safety and disease safety must be complied with.

Article 20. Export, import, re-export, transit and introduction from the sea of CITES-listed aquatic species, and endangered, precious and rare aquatic species

1. Organizations and individuals shall import CITES-listed aquatic species, and endangered, precious and rare aquatic species in accordance with the fishery law on import of living aquatic species.

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3. Organizations and individuals shall export, re-export and introduce, from the sea, specimens of CITES-listed aquatic species in accordance with regulations of the law on management of endangered, rare and precious species; the breeding of common wild fauna; and the enforcement of the convention on international trade in endangered wild fauna and flora.

4. Organizations and individuals shall introduce, from the sea, specimens of endangered, precious and rare aquatic species in accordance with Article 17 of this Circular, except for CITES-listed aquatic species.

Chapter V

MARINE PROTECTED AREA (MPA), PROTECTED ZONE OF AQUATIC RESOURCE

Section 1. MANAGEMENT OF MARINE PROTECTED AREA (MPA), PROTECTED ZONE OF AQUATIC RESOURCE

Article 21. Management of activities carried out within MPAs

1. Activities allowed to be carried out within a subdivision under strict protection include:

a) Floating of buoys for marking boundary of territorial waters;

b) Investigation and scientific research after a competent authority grants approval;

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d) Patrol, inspection, control, and handling of violations;

dd) Monitoring and supervision of natural resources, environment and archaeology;

e)  Incident response at sea, rescue of endangered, precious or rare species, preservation of marine ecosystem.

2. Activities allowed to be carried out within an ecological recovery subdivision include:

a) The activities specified in clause 1 of this Article;

b) Recovery and regeneration of aquatic flora and fauna, and marine ecosystem after a competent authority grants approval;

c) Ecotourism, which must not harm aquatic resources and marine ecosystem;

d) Innocent passage of fishing vessels, vessels and other waterway vehicles.

3. Activities allowed to be carried out within a service and administration subdivision include:

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b) Aquaculture and fishing activities;

c) Provision of ecosystem services and ecotourism and leisure activities;

d) Construction of infrastructure serving operations performed by the MPA management board or the organization assigned to manage MPAs; buildings serving aquaculture and ecotourism and leisure activities.

4. Activities allowed to be carried out within an ecotone include:

a) The activities specified in clause 3 of this Article;

b) Construction of infrastructure which serves socio - economic development but does not harm other subdivisions and ecosystems in the MPA.

5. The abovementioned activities (specified in clauses 1, 2, 3 and 4 of this Article) conducted within MPAs shall comply with relevant regulations of law and MPA management regulation.

Article 22. Rights and responsibilities of MPA management boards or organizations assigned to manage MPAs

1. A MPA management board or organization assigned to manage MPA has the following rights:

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b) Cooperate in training, dissemination and education about environment, biodiversity conservation and protection of aquatic resource within the MPA;

c) Collect charges and fees for activities conducted within the MPA;

d) Cooperate with organizations and individuals in carrying out investigations and scientific researches, recovering and regenerating aquatic flora and fauna, and marine ecosystem within the MPA;

dd) While performing their tasks within an MPA, civil servants or public employees of the MPA management board or the organization assigned to manage MPA are entitled to make a record of administrative violations against regulations on fishery, impose penalties and request the person having the jurisdiction to impose penalties as prescribed by the law on handling of administrative violations against regulations on fishery;

e) Cooperate in scientific research, recovery and regeneration of aquatic flora and fauna, and natural ecosystems within the MPA in accordance with regulations of law; organize or cooperate in the fields of ecotourism, leisure activities and other services within the MPA in accordance with regulations of law;

g) Comment on the investigation, scientific research, education, training and projects related to the MPA under its management; request the competent authority to suspend the investigation, scientific research, education, training and project execution by an organization or individual if such organization/individual fails to comply with the plan or conduct activities that have adverse impacts on the MPA;

h) Manage aquaculture and fishing activities within the MPA as prescribed by the law.

2. A MPA management board or organization assigned to manage MPA has the following responsibilities:

a) Request a person having the jurisdiction to establish the MPA to issue Regulations on management of MPAs, using Form No. 01 in Appendix V issued together with this Circular;

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c) Prepare and organize the implementation of the MPA management plan every 05 years and every 10 years after obtaining the approval of the competent  that has decided to establish the MPA; take measures for preventing pollution and diseases; prevent violations against law within the MPA;

d) Organize research, conservation, protection, regeneration, recovery and development of aquatic flora and fauna, and marine ecosystem within the MPA; rescue endangered, precious and rare aquatic species in accordance with regulations of law; carry out monitoring, collect information and data, update database of biodiversity and water environment quality within the MPA;

dd) Supervise investigation, scientific research, education, training and projects executed within the MPA;

e) Disseminate information, educate and raise awareness among the community and residents conducting activities related to the MPA about/of protection of aquatic resources and protection of habitat of aquatic species and biodiversity conservation.

g) Organize and cooperate with the fisheries resources surveillance force, Coast Guard, Environmental Police Agency, Border Guard and local authorities to carry out petrol, inspection and control, and handle violations against law within the MPA;

h) Cooperate with local authorities and relevant organizations and individuals in assisting in securing the livelihood of residential community within and around the MPA;

i) Promulgate guidelines and regulations on vehicles and activities conducted within the MPA;

k) Consider proposing adjustment to the area of the MPA; area and location of dedicated subdivisions of the MPA and ecotone;

l) Install and float buoys to mark boundary of MPA, boundaries of dedicated subdivisions and install buoys on cruise ships at anchor;

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3. The MPA management board or organization assigned to manage MPA shall exercise the rights and fulfill the responsibilities for management, protection of environment, nature conservation, and biodiversity in accordance with regulations of law.

Article 23. Rights of organizations and individuals conducting activities related to MPAs

1. Participate in communication, education and increase in awareness of biodiversity protection and conservation; recovery and regeneration of aquatic fauna and flora, and marine ecosystem within an MPA.

2. Cooperate with the MPA management board or organization assigned to manage the MPA in investigation, scientific research, education and training; in providing ecotourism and leisure services and other services within the MPA in accordance with regulations of this Circular, Regulations on management of MPAs, regulations issued by the MPA management board or organization assigned to manage the MPA and relevant laws.

3. Sign association agreements with the MPA management board or organization assigned to manage the MPA in the fields of ecotourism, leisure, scientific research, recovery and regeneration of aquatic fauna and flora, and marine ecosystems and other services within the MPA in accordance with regulations of law.

4. Engage in aquaculture and fishing in accordance with regulations of this Decree, regulations issued by the MPA management board or organization assigned to manage the MPA and relevant regulations of law.

Article 24. Obligations of organizations and individuals conducting activities related to MPAs

1. Every organization or individual engaging in investigation, scientific research, education and training within an MPA has the following obligations:

a) Submit an investigation, scientific research, education and training plan within the MPA to the MPA management board or organization assigned to manage the MPA 10 days before the investigation, scientific research, education and training;

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c) Notify the MPA management board or organization assigned to manage the MPA of results of investigation, scientific research, education and training; domestically or internationally published documents (if any);

d) Pay costs incurred in connection with services/supervision to the MPA management board or organization assigned to manage the MPA as prescribed, except for those in connection with investigation and scientific research.

2. Every provider of ecotourism, leisure and aquaculture services related to an MPA has the following obligations:

a) Provide ecotourism, leisure and entertainment services according to relevant regulations of law;

b) Comply with regulations in this Circular, Regulations on management of MPAs and regulations issued by the MPA management board or organization assigned to manage the MPA;

c) Protect biodiversity and environment; participate in cleaning up the environment, recovering and regenerating aquatic fauna and flora, and marine ecosystem within the MPA;

d) Disseminate regulations of law on environmental protection and biodiversity protection to tourists;

dd) Pay costs incurred in connection with services to the MPA management board or organization assigned to manage the MPA as prescribed;

e) Eligible organizations and individuals that have demands for aquaculture and fishing within the MPA shall register with the MPA management board or the organization assigned to manage the MPA.

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a) Comply with MPA management regulations, regulations issued by the MPA management board or the organization assigned to manage the MPA and relevant regulations of law;

b) Protect the environment and biodiversity within the MPA;

c) Participate in recovery and regeneration of aquatic fauna and flora, and marine ecosystem within the MPA.

Article 25. Management of protected zone of aquatic resource

1. Based on the actual local situation, a protected zone of aquatic resource shall be assigned to a provincial fishery authority, or commune-level authority, or community for management.

2. The protected zone of aquatic resource shall be managed as follows:

a) The provincial fishery authority, or commune-level authority assigned to manage the protected zone of aquatic resource shall formulate and issue regulations on management and a management plan consistent with the actual condition at each zone;

b) The community that voluntarily sends a proposal to be assigned the management of the protected zone of aquatic resource shall comply with regulations of law on co-management in the protected zone of aquatic resource.

3. Activities allowed to be carried out within a protected zone of aquatic resource include:

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b) Aquaculture and fishing, recreational tourism associated with fishing activities in accordance with regulations of law;

c) Patrol and control of enforcement of the law;

d) Other activities as prescribed by law. 

4. The provincial People’s Committee shall have the following responsibilities:

a) Assign an organization to manage the protected zone of aquatic resource in accordance with clause 1 of this Article;

b) Assign a functional unit to conduct patrol and control enforcement of the law within the protected zone of aquatic resource; inspect and supervise activities conducted by organizations assigned to manage the protected zone of aquatic resource.

5.  Management of the protected zone of aquatic resource shall be reported as follows:

a) The organization assigned to manage the protected zone of aquatic resource shall send a report to the provincial fishery authority before November 10 every year or when requested;

b) The provincial People’s Committee shall send a report to the Ministry of Agriculture and Environment (via the fishery authority affiliated to the Ministry) before November 20 every year or when requested;

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6. List of protected zones of aquatic resources located within 02 or more provinces/central-affiliated cities is prescribed in the Appendix VI enclosed with this Circular.

Section 2. ESTABLISHMENT AND ADJUSTMENT OF BOUNDARIES AND AREA OF PROVINCIAL MPAS

Article 26. Procedures for setting up projects on establishment of provincial MPAs

The Department of Agriculture and Environment shall preside over setting up a project on establishment of a provincial MPA according to the following procedures:

1. Organizing investigation and assessment of biodiversity and setting up the project on establishment of the provincial MPA, using Form No. 03 in Appendix V issued together with this Circular.

2. Seeking written opinions of the Ministry of Agriculture and Environment; relevant Departments, and relevant commune-level People's Committees; opinions of residential community legally residing in and around the area where the MPA is expected to be established by a vote or enquiry about the project. Within 15 working days from the date of receipt of the request for opinions, the consulted agencies and organizations shall be responsible for providing written responses.

3. Request the provincial People’s Committee to appraise the project on establishment of the provincial MPA.

Article 27. Procedures for appraising projects on establishment of provincial MPAs

1. An application for appraisal of the project:

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b) The project on establishment of the provincial MPA;

c) Written summation and explanation for opinions of the Ministry of Agriculture and Environment; relevant Departments, commune-level People's Committees, and opinions of residential community legally residing in and around the area where the MPA is expected to be established.

d) Other relevant documents (if any).

2. Procedures for appraisal of the project: 

a) The Department of Agriculture and Environment shall submit the application specified in clause 1 of this Article to the provincial People's Committee;

b) Within 30 working days from the date of receipt of the complete application as specified in clause 1 of this Article, the provincial People’s Committee shall establish an inter-agency appraisal council, organize a council's meeting and issue a report on appraisal of the project. The matters to be appraised are specified in clause 3 of this Article.

The inter-agency appraisal council shall be composed of at least 07 members. The President is the leader of the provincial People's Committee and members are leaders from relevant Departments, commune-level People's Committees and experts in the fields of fishery and biodiversity

3. An appraisal of the provincial MPA establishment project shall cover at least:

a) Necessity of establishment of the MPA (including legal and practical bases);

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c) Geographic location, boundary and area of the MPA in conformity with the planning for protection and exploitation of aquatic resources; boundary and area of dedicated zones and ecotone of MPA;

d) Plans for biodiversity conservation, ecosystem restoration; protection and conservation of natural landscapes, cultural and historical values;

dd) Career change plan tailored for households and individuals involved in catching of aquatic products and aquaculture in the MPA;

e) Solutions and organization of implementation;

g) Draft Regulations on management of the MPA;

h) Other contents as requested by the authority appraising the project.

Article 28. Decision on establishment of provincial MPAs

1. Within 15 working days from the date on which the inter-agency appraisal council issues the report on appraisal of the project on establishment of the provincial MPA, the Department of Agriculture and Environment shall complete the application and submit it to the Chairperson of the provincial People’s Committee for establishment of the MPA.

2. An application for establishment of the MPA includes:

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b) The MPA establishment project (finalized in accordance with the appraisal opinions of the inter-agency appraisal council);

c) Written summation and explanation for opinions of the Ministry of Agriculture and Environment; relevant Departments, relevant commune-level People's Committees, and opinions of residential community legally residing in and around the area where the MPA is expected to be established;

d) The inter-agency appraisal council’s report on appraisal of the project on establishment of the MPA;

dd) Written summation and explanation for opinions of the inter-agency appraisal council;

e) Other relevant documents (if any).

3. Within 05 working days from the date of receipt of the application from the Department of Agriculture and Environment, the Chairperson of the provincial People's Committee shall issue a decision on establishment of the MPA, using the Form No. 04 in the Appendix V enclosed with this Circular.

Article 29. Adjustment of boundaries and area of provincial maps

1. The MPA management board or organization assigned to manage the MPA shall request the Department of Agriculture and Environment to appraise the application for adjustment of a MPA’s boundary and area after:

a) Formulating a project on adjustment of the MPA’s boundary and area, using Form No. 05 in Appendix V issued together with this Circular;

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c) Seeking opinions of the Ministry of Agriculture and Environment; relevant Departments, relevant commune-level People's Committees on adjustment of the MPA’s boundary and area. Within 15 working days from the date of receipt of the request for opinions, the consulted agencies and organizations shall be responsible for providing written responses.

2. An application for appraisal includes:

a) An application form for appraisal of the project on adjustment of the MPA’s boundary and area;

b) The project on adjustment of the MPA’s boundary and area;

c) Written summation and explanation for opinions of the Ministry of Agriculture and Environment; relevant Departments, relevant commune-level People's Committees, and opinions of the residential community legally residing in and around the MPA of which boundary and area are expected to be adjusted;

d) Other relevant documents (if any).

4. The appraisal shall cover:

a) Necessity of adjustment of the MPA’s boundary and area (including legal and practical bases);

b) Adjustment objectives;

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d) Plans for biodiversity conservation, ecosystem restoration; protection and conservation of natural landscapes, cultural and historical values;

dd) Career change plan tailored for households and individuals involved in catching of aquatic products and aquaculture within the adjusted boundary and area;

e) Solutions and organization of implementation;

g) Other contents as requested by the authority appraising the project on establishment of the MPA.

5. Within 30 working days from the date of receipt of the application as specified in clause 3 of this Article, the Department of Agriculture and Environment shall request the provincial People’s Committee to establish an inter-agency appraisal council and organize the appraisal council.

The inter-agency appraisal council shall be composed of at least 07 members. The President is the leader of the provincial People's Committee and members are leaders from relevant Departments, commune-level People's Committees and experts in the fields of fishery and biodiversity.

Within 05 working days from the date on which the meeting of the inter-agency appraisal council ends, the provincial People’s Committee shall issue a report on appraisal of the project on adjustment of the MPA's boundary and area.

6. Within 15 working days from the date of receipt of the report on appraisal of the project on adjustment of the provincial MPA’s boundary and area from the inter-agency appraisal council, the MPA management board or organization assigned to manage MPA shall complete the application and request the Department of Agriculture and Environment to submit the application to the Chairperson of the provincial People’s Committee for adjustment of the MPA's boundary and area.

7. An application for adjustment of the MPA’s boundary and area includes;

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b) Project on adjustment of the MPA’s boundary and area (finalized in accordance with the appraisal opinions of the inter-agency appraisal council);

c) Written summation and explanation for opinions of the Ministry of Agriculture and Environment; relevant Departments, relevant commune-level People's Committees, and opinions of the residential community legally residing in and around the MPA of which boundary and area are expected to be adjusted;

d) Report on appraisal of the project on adjustment of the MPA’s boundary and area, prepared by the inter-agency appraisal council;

dd) Written summation and explanation for opinions of the inter-agency appraisal council;

e) Other relevant documents (if any).

8. Within 03 working days from the date of receipt of the application in accordance with clause 7 of this Article, the Department of Agriculture and Environment shall request the provincial People's Committee to issue a decision on adjustment of the MPA’s boundary and area.

9. Within 05 working days from the date of receipt of the application from the Department of Agriculture and Environment, the Chairperson of the provincial People's Committee shall issue a decision on adjustment of the provincial MPA’s boundary and area, using the Form No. 06 in the Appendix V enclosed with this Circular.

Chapter VI

MARKING OF FISHING GEARS; FISHING OCCUPATIONS AND GEARS BANNED FROM USE FOR COMMERCIAL FISHING; AREAS BANNED FROM COMMERCIAL FISHING FOR A FIXED TERM

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1. Regarding longlines and gillnets with nets stretching at sea with a length of over 200m, and trawls, it is required to mark sea fishing gears according to Regulations on Preventing Collisions at Sea.

2. Regarding the commercial fishing using “chà” (a kind of fishing net) at sea, it is required to display signs indicating areas where fishing activities are being carried out.

3. Organizations and individuals engaged in commercial fishing shall mark fishing gears according to regulations in the Appendix VII enclosed with this Circular.

Article 31. Fishing occupations and gears banned from use for commercial fishing

1. Criteria for determining fishing occupations and gears banned from use in commercial fishing

Fishing occupations and gears banned from use in commercial fishing shall be determined by one of the following criteria:

a) Fishing occupations and gears harm or destroy aquatic resources, living environment of aquatic species and aquatic ecosystem whose effects have been assessed;

b) Fishing occupations and gears are included in the list of banned fishing occupations and gears prescribed by the regional fisheries management organization to which Vietnam is a party or a cooperating non-party.

2. The list of fishing occupations and gears banned from use in commercial fishing in offshore zones is provided in the Appendix VIII hereof.

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1. Criteria for determining areas banned from commercial fishing for a fixed term

Areas banned from commercial fishing for a fixed term shall be determined by one of the following criteria:

a) Reproductive areas and areas where the density of roe of aquatic species is higher than that in neighboring areas;

b) Areas where aquatic species that have not reached sexual maturity live and areas where the density of juvenile fish, juvenile shrimps and larvae of aquatic species is higher than that in neighboring areas;

c) Areas to which aquatic species migrate for reproductive purposes;

d) Areas banned from commercial fishing prescribed by the regional fisheries management organization to which Vietnam is a party or a cooperating non-party.

2. The list of areas banned from commercial fishing for a fixed term in offshore zones, areas covering both inshore and offshore zones; inshore zones or inland zones spanning two or more provinces or cities is provided in the Appendix IX hereof.

Chapter VII

IMPLEMENTATION PROVISIONS

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1. This Circular takes effect from January 01, 2026.

2. This Circular replaces the Circular No. 19/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development;

3. Article 1 of the Circular No. 01/2022/TT-BNNPTNT dated January 18, 2022 of the Minister of Agriculture and Rural Development shall be annulled;

4. Articles 11, 12, 13 and 15 of the Circular No. 10/2025/TT- BNNMT dated June 19, 2025 of the Minister of Agriculture and Rural Development shall be annulled;

5. Article 1 of the Circular No. 30/2025/TT-BNNMT dated June 27, 2025 of the Minister of Agriculture and Rural Development shall be annulled;

Article 34. Transitional clauses

1. Any application for recognition and assignment of management to a community or application for amendments to the Decision on recognition and assignment of management to a community in charge of co-management of protection of aquatic resources that has been received by a competent state authority/person before the effective date of this Circular but has not completely been processed shall continue to be processed in accordance with regulations of the law at the time of receipt; unless the organization/individual wishes to proceed in accordance with this Circular.

2. A written approval for catching of endangered, precious and rare aquatic species issued before the effective date of this Circular that is still valid shall remain valid until the expiry date prescribed in the written approval.

3. Any project on establishment of a provincial MPA or project on adjustment of the provincial MPA’s boundary and area for which the inter-agency appraisal council’s meeting was held before the effective date of this Circular shall continue to be implemented in accordance with regulations at the time of receipt of the application to be appraised until the Chairperson of the provincial People's Committee issues a decision on establishment or adjustment of the MPA’s boundary and area.

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5. The list of areas banned from commercial fishing for a fixed term, as specified in Appendix XI issued together with this Circular shall expire after the provincial People’s Committee promulgates the list of areas banned from commercial fishing for a fixed term at coastal, inshore or inland zones as prescribed in point a, clause 5, Article 13 amended by clause 2, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws.

6. The list of protected zones of aquatic resources as specified in Appendix XII issued together with this Circular shall expire after the Chairperson of the provincial People’s Committee promulgates the list of protected zones of aquatic resources at coastal, inshore or inland zones under its management as prescribed in point a, clause 2, Article 17 amended by clause 4, Article 14 of the Law on amendments to some articles concerning agriculture and environment of 15 Laws.

Article 35. Responsibilities

1. Responsibilities of provincial fishery authorities affiliated to the Ministry of Agriculture and Environment:

a) Direct and provide professional guidance on protection and development of aquatic resources;

b) Provide training and disseminate regulations of this Circular to organizations and individuals involved in protection and development of aquatic resources;

c) Conduct inspections of compliance with regulations in this Circular in localities nationwide.

2. Responsibilities of provincial People’s Committees:

a) Direct provincial specialized agencies and commune-level authorities to organize the compliance with regulations of this Circular;

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c) Request provincial People's Councils to issue and organize implementation of policies on provision of assistance for co-management of protection of aquatic resources; policies on provision of assistance for fishermen when they are prohibited from fishing in their provinces, in each period and within their capacity to balance local government budgets;

d) Direct commune-level authorities and functional agencies to preside over and cooperate with communities in carry out patrol, inspection, control and handle violations within their jurisdiction in co-management areas. Develop plans and allocate funding for co-management of protection of aquatic resources;

dd) Direct Departments of Agriculture and Environment and commune-level People's Committees to conduct reviews and amend Decisions on recognition and assignment of management to communities in charge of co-management of protection of aquatic resources, issued before the effective date of this Circular, in accordance with applicable regulations on provincial administrative divisions and organization of two-level local governments;

e) Assign fisheries resources surveillance forces to carry out patrol, inspection, control and handle violations in MPAs under their management.

3. Responsibilities of relevant organizations and individuals:

Agencies, organizations, and individuals involved in investigation and assessment of aquatic resources and living environment of aquatic species shall be responsible for managing, using, storing, and securing information, sharing data and results of investigation in accordance with the law on archives and other relevant laws.

4. Difficulties or new issues that arise during the implementation of this Circular should be promptly reported to the fishery authority affiliated to the Ministry of Agriculture and Rural Development that will send a consolidated report to the Ministry for consideration and amendments./.

 

 

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Circular No. 88/2025/TT-BNNMT dated December 31, 2025 on guidelines for protection and development of aquatic resources
Official number: 88/2025/TT-BNNMT Legislation Type: Circular
Organization: Bộ Nông nghiệp và Môi trường Signer: Phung Duc Tien
Issued Date: 31/12/2025 Effective Date: Premium
Gazette dated: Updating Gazette number: Updating
Effect: Premium

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Circular No. 88/2025/TT-BNNMT dated December 31, 2025 on guidelines for protection and development of aquatic resources

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