On January 25, 2026, the Government officially issued Decree No. 41/2026/NĐ-CP, which provides detailed regulations on several articles and measures for the implementation of the Law on Fisheries. This is a crucial legal document that directly impacts all activities ranging from aquaculture and exploitation to the protection of resources and the management of fishing vessels in Vietnam.
Decree 41/2026/NĐ-CP provides comprehensive and detailed regulations across several core sectors of the fisheries industry:
- Management of aquaculture, seeds, and input materials: The Decree establishes strict standards regarding the conditions of production facilities and the nursing of aquatic seeds, particularly focusing on water treatment systems and biosafety. The procedures for granting, re-issuing, and revoking Certificates of Eligibility are clearly decentralized between the Ministry of Agriculture and Rural Development (for parent stocks) and provincial-level agencies. Additionally, the production of aquatic feed and environmental treatment products must meet standards for factories, equipment, and one-way quality control systems.
- Management of exploitation and Vessel Monitoring Systems (VMS): One of the most important contents is the regulation of the Fishing Vessel Monitoring System. The Decree stipulates that each fishing vessel may install a maximum of 02 VMS devices and must ensure continuous 24/7 operation while operating at sea or anchored at islands. Data from this system is used as a legal basis for administrative penalties, confirmation of seafood origin, and the implementation of support policies. Furthermore, exploitation zones are clearly divided into coastal, inshore, and offshore areas associated with the length of the fishing vessel to protect resources sustainably.
- Building, Conversion, and Registration of Fishing Vessels: The Decree classifies facilities for building and converting fishing vessels into three categories (Class I, II, III) based on vessel size and hull material (steel, wood, or new materials). Fishing vessel registration agencies are also categorized correspondingly and must meet strict conditions regarding the team of registrars as well as ISO 9001 quality management systems.
- Control of Foreign Vessels and Combating Illegal, Unreported, and Unregulated (IUU) Fishing: To implement international commitments, the Decree strictly regulates the control of foreign vessels entering Vietnamese ports. In particular, seafood imported via container ships must be declared at least 48 hours in advance for authorities to appraise and confirm the origin, ensuring no violation of IUU regulations.
- Fisheries Resources Protection and Development Fund: The Decree clearly defines the functions, tasks, and structure of the Fisheries Resources Protection and Development Fund at both central and provincial levels to support ecosystem restoration projects, resource regeneration, and sustainable livelihood conversion for fishermen.
Entities Required to Study, Apply, and Strictly Comply: Based on Article 2 of the Decree, the following entities must urgently study and comply with Decree 41/2026/NĐ-CP:
- Individuals and Fishermen: Fishing vessel owners, captains, and workers on fishing vessels operating within and outside Vietnamese waters. Special attention must be paid to regulations on operating VMS equipment, maintaining exploitation logs, and complying with permitted fishing zones.
- Organizations and Enterprises: Facilities for seed production and nursing; producers of aquatic feed and environmental treatment products; seafood import enterprises (especially those using containers); facilities for building, converting, and registering fishing vessels; and training facilities for fishing vessel crew members.
- Foreign Organizations and Individuals: Those involved in or related to fisheries activities within Vietnamese waters.
In Hai Phong, the Hai Phong City People's Committee has directed the Department of Agriculture and Rural Development to lead and coordinate with local agencies and the City Border Guard to strictly implement this Decree across the entire region.
Decree No. 41/2026/NĐ-CP takes effect from the date of its signing. Previous Decrees, such as Decree 26/2019/NĐ-CP and related amending documents, officially expire.
Organizations and individuals can perform related administrative procedures (licensing, certification, confirmation...) through three methods: (1) Directly at the "One-Stop" department; (2) Via public postal services; (3) Online at the National Public Service Portal or the National Identification Application (VNeID).
Compliance with Decree 41/2026/NĐ-CP is not only a legal responsibility but also a right of citizens and businesses, contributing to the transparent and sustainable development of Vietnam's fisheries industry and the early removal of the European Commission's IUU "yellow card".