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In Decree No. 41/2026/ND-CP, the Government stipulates in detail the conditions and procedures for licensing aquaculture. Download Conditions and procedures for licensing aquaculture. The Government issued Decree No. 41/2026/ND-CP dated January 25, 2026 detailing a number of articles and measures to implement the Law on Fisheries. The Decree includes 9 chapters, 57 articles detailing a number of articles and measures to implement the Law on Fisheries No. 18/2017/QH14 dated November 21, 2017 has been amended and supplemented by Law No. 31/2024/QH15, Law No. 43/2024/QH15, Law No. 146/2025/QH15 on: fund for protection and development of aquatic resources; aquaculture; aquatic exploitation; management of fishing vessels and public service vessels; fishery inspection; buying, selling, preliminary processing, processing, exporting and importing seafood and aquatic products; State management of fisheries...Conditions for aquaculture establishmentsThe Decree regulates physical facilities and technical equipment as prescribed in Point b, Clause 1, Article 38 of the Law on Fisheries as follows: Waste storage areas must be separate from storage and treatment places for dead aquatic products and separate from the farming area, without affecting the environment. In case an aquaculture facility has a storage area for equipment, tools, and raw materials, it must ensure the preservation requirements of the producer. exporter, supplier; Aquaculture facilities with living and sanitary areas must ensure that wastewater and domestic waste do not affect the farming area. For aquaculture in ponds (lagoons/tunnels), tanks: The pond edge (lagoon/tunnel), tanks are made of materials that do not pollute the environment, are not toxic to farmed aquatic products, and do not leak water. In case of intensive or semi-intensive aquaculture facilities, there must be separate water and wastewater treatment systems; suitable place to store waste sludge. For aquaculture using cages and pens (hereinafter referred to as cage farming): Cage frames, buoys, nets, pens and substrates must be made of materials that do not pollute the environment, are not toxic to farmed aquatic products and do not let farmed aquatic animals escape into the environment; There are warning devices for waterway traffic activities. Equipment used in aquaculture must be made of materials that do not pollute the environment and are not toxic to farmed aquatic products. Documents and procedures for granting and revoking Certificates of eligibility for aquaculture at the request of organizations and individuals. The Decree stipulates that provincial-level state management agencies in charge of fisheries issue Certificates of eligibility for aquaculture facilities upon request of organizations and individuals. Application dossier for a Certificate includes: a) Application according to Form No. 20.NT, Appendix I issued with this Decree; b) Explanation of the physical and technical facilities of the farming facility according to Form No. 21.NT, Appendix I issued with this Decree; c) Diagram of cage location/Maintenance area diagram. Procedure for granting a Certificate: The facility wishing to issue a Certificate shall send the application to the agency approved by the Chairman of the Committee. Provincial-level people communicate and receive administrative procedure documents. Within 06 working days from the date of receipt of complete and valid documents, the competent authority shall carry out a physical inspection at the facility according to Form No. 22.NT Appendix I issued with this Decree. In case the inspection results are satisfactory, within 01 working day from the date of completion of the inspection, the competent authority shall issue a Certificate according to Form No. 23.NT Appendix I issued issued together with this Decree. In case the inspection results do not meet the requirements, within a maximum period of 30 days, the facility must make corrections and send a report of correction results to the competent authority issuing the Certificate. If deemed necessary, the competent authority shall organize an inspection of the corrected content. In case the facility meets the conditions, within 01 working day from the date of completion of the inspection, the competent authority shall issue a Certificate according to Form No. 23.NT, Appendix I issued with this Decree. In case of refusal, a written response must be provided, clearly stating the reason. The certificate is valid for 24 months. Plans and projects for aquaculture at sea. The Decree stipulates that organizations and individuals requesting the allocation of sea areas for aquaculture shall establish a project for aquaculture at sea, except for individuals falling under the provisions of Clause 3, Article 44 of the Law on Fisheries, who shall establish a plan for aquaculture at sea. The plan or project for aquaculture at sea must meet the requirements. The following criteria: a) Meet the conditions prescribed in Article 38 of the Fisheries Law and Article 19 of this Decree; b) Suitability of production scale, aquatic species raised and grown and rearing and planting technology; c) Have solutions to prevent, respond to and overcome the consequences of natural disasters, environmental incidents and epidemics in the aquaculture process; d) Economic and technical feasibility, ensuring economic, social, environmental and development efficiency sustainable. Subjects exempt from fees for using marine areas for aquaculture In addition, the Decree also stipulates cases of exemption from fees for using marine areas according to the provisions of the Fisheries Law, specifically: 1. Cases of exemption from sea area use fees as prescribed in Point a, Clause 3, Article 44 of the Law on Fisheries are determined as follows: a) Subjectsng is a Vietnamese individual permanently residing in a commune-level area who is engaged in fishing activities using a fishing vessel with a maximum length of less than 12
