Draft of Amended Fisheries Law: Enterprises confuse about business conditions

The Draft of Amended Fisheries Law is expected to be finalized and submitted to the National Assembly for approval at the October. However, at present, many enterprises see that the draft is not tight enough that needs to be modified and added to suit with the practical.

Enterprises said that business conditions in the draft of Fisheries Law should be stated more clearly. Photo: Nguyen Thanh.

Carefully review the Fisheries and Resources Protection Fund

One of the contents of the draft of Fisheries Law has received much attention from enterprises to set up a fund for protection and development of fisheries resources.

Ms. Tran Hoang Yen, the representative of the Vietnam Association of Seafood Exporters and Producers (VASEP), said that the establishment of the fund is necessary, but it should be added more. Currently, the United States, Japan, and the EU are the three big markets, accounting for 60% of Vietnam's seafood export market share. In particular, the US and the EU have implemented anti-illegal, undeclared and unregulated (IUU) fishing. However, the draft of Fisheries Law did mention to this content.

"At the moment, when exporting seafood to the EU, Vietnam is standing at the level that can receive the yellow card (warning) under the IUU regulations. If receiving the yellow card, 100% export seafood shipments will be controlled. Not only that, the goods are kept at the port for 2-3 weeks, causing small losses for our enterprises.

Thailand seriously pays attention to meet IUU requirements. For example, Thailand has spent billions of dollars with a team of up to 1,000 people just to control IUU. In Vietnam, in order to avoid getting yellow cards from the countries that apply IUU regulations, it takes a lot of effort and a lot of money. However, the draft of Fisheries Law does not mention which fund will take responsibility for the issue. The Fisheries Resources Protection Fund may be accompanied by the anti-illegal content or a separate fund for IUU issues. That is necessary”, Ms. Yen stressed.

Regarding the issue of the Fisheries Resources Protection Fund, Mr. Dang Quang Vinh of the Business Environment and Competitiveness Department, Central Institute for Economic Management (CIEM): the Association should let the enterprises and association operate themselves. Because enterprises will understand what they need to add, how to make it fit. Only when there are meaningful activities, the state pays additional money with the enterprises and associations, rather than setting up funds managed and operated by state agencies that will be administratively heavy.

Some other companies have suggested that if the fund for protection and development of aquatic resources managed by state agencies, it is difficult to monitor spending activities. Therefore, the enterprises proposed that it should have mechanisms to allow associations and fishermen to co-ownership. In addition, the fund may not need to be permanently fixed, it is only to set up a temporary fund as there is a problem.

Clarify business investment conditions

Besides the issue of the establishment of the Fisheries Protection and Development Fund, the business investment conditions stated in the Draft of Fisheries Law are assessed that there many problems.

Mr. Nguyen Minh Duc of the Legal Department of Vietnam Chamber of Commerce and Industry (VCCI) said that many business conditions are unclear and abused. Typically, businesses must have appropriate facilities production lines, appropriate fishing lines... It is difficult to determine how is suitable and enough condition.

For the content of trading, imports of seafood products for environmental treatment, the conditions set out are also quite specific. For example, if a company sells, it must have a separate storehouse with pesticides, fertilizers, toxic chemicals; have equipment and tools for storage according to the manufacturer's instructions; there are solutions to pest animals... “This is the conditions of preservation, not conditions of purchase and sale of import goods. Whether, for each import of other manufacturers, enterprises must apply for another certificate? In this regard, it is possible to change to preservation guidelines instead of conditions”, Mr. Duc said.

About this issue, the representative of the Vietnam Fisheries Association added: The business investment conditions in the draft should be more clearly stated. Aquaculture is very important. Revenues from aquaculture are much higher than fisheries. If the regulation is unclear, bad many companies can also invest in the business, put their low-quality products into the market, cause serious consequences, eventually causing a bad impact on export goods when they are not able to overcome the technical barriers that the importing countries set out.

Answering the questions about the Draft of Fisheries Law, Ms. Phan Thi Hue, Director of Legal Department, Inspectorate (General Department of Fisheries, Ministry of Agriculture and Rural Development), said that, about the content of production and business conditions, the Fisheries Law cannot cite specifically. The law only sets out the basic conditions that must be met, and the detail can only be in government documents.

About the proposal of VASEP relating to the establishment of IUU Fund or to join with Fisheries Protection and Development Fund, according to Ms. Hue, the Drafting Board noted for further study. However, the possibility of adding more funds is difficult because the protection process to keep the Fisheries Protection and Development Fund in the draft of Fisheries Law is not simple.