Since tracking began in 2020, Vietnam's illegal fishing and fishing encroachment in the South China Sea has never been effectively mitigated, and still plagues neighboring countries, posing a threat to relevant countries and regional maritime security and stability. According to incomplete statistics from the Automatic Identification System (AIS) of ships, the number of Vietnamese fishing vessels’ activities in the South China Sea in 2023 and 2024 has continued to climb compared to previous years, especially in 2024, when the average monthly number exceeded more than 14,700 throughout the year and reached as many as 18,193 in July 2024, the highest number in years.
According to incomplete statistics from public information on the Internet, from 2023 to 2024, there were at least 43 fishery conflicts between Vietnam and Malaysia, Indonesia and Thailand, in which 71 Vietnamese fishing vessels and 532 Vietnamese fishermen were detained (see annex for details). Moreover, Vietnam has been involved in multiple fisheries-related conflicts with Cambodia, the Philippines, and China, during which incidents such as the detention of fishing vessels and injuries to personnel have occurred.
Source: SCSPI
I. Viet Nam-Indonesia Fisheries Conflict
Although Vietnam and Indonesia announced the completion of their Exclusive Economic Zone (EEZ) delimitation negotiations in December 2022, tensions over fisheries between the two countries have not eased. In 2023, illegal fishing by Vietnamese vessels remained rampant, with at least six seizure incidents reported, resulting in the capture of eight fishing boats and 112 Vietnamese fishermen.[1] In 2024, the number of incidents decreased compared to previous years, but at least three conflicts still occurred, involving the detention of five Vietnamese fishing vessels and 47 fishermen.(See Annex 1 for details)
On the surface, there has been a relative decline in the level of fisheries conflicts between Viet Nam and Indonesia over the past two years, but in fact there has been no reduction in the number of Vietnamese fishing vessels fishing illegally in Indonesia's “claimed waters” (see figure below). The main reasons for the decline in the number of conflicts are: first, the intensity and synergy of Indonesian patrols have been reduced in recent years due to various constraints such as lack of patrol vessels and budgetary constraints; second, Indonesia has changed its previous policy of “blowing up vessels” in consideration of the environment, costs, diplomacy, etc., which has alleviated the level of conflict between the two sides to a certain extent;[2] third, the two sides have strengthened coordination and cooperation, and to a certain extent, the number of Vietnamese fishing vessels in the “claimed waters” of Indonesia has decreased. The two sides have strengthened their coordination and cooperation, and under a new agreement between Indonesia and Vietnam in early 2024, both sides will strengthen the regulation of their respective fishermen, while Indonesia will no longer arrest Vietnamese fishermen entering the Natuna Sea, but will only expel them.[3]
Trend in the number of Vietnamese fishing vessels detected in the “non-disputed area of the northern Natuna Sea” using AIS and satellite imagery from March 2021 to April 2024.(Source: Indonesian Ocean Justice Initiative)
II. Viet Nam-Malaysia Fisheries Conflict
According to publicly available data, among the coastal states, fisheries conflicts between Vietnam and Malaysia have been the most intense. In 2023, there were 11 reported conflict incidents between the two countries, resulting in the seizure of 22 Vietnamese fishing vessels and the detention of 247 Vietnamese fishermen by Malaysia, with 4 vessels being sunk. In 2024, at least 14 such incidents occurred, involving 20 Vietnamese fishing boats and 156 fishermen.(See Annex 2 for details)
Since May 2019, Malaysia has launched "Operation Naga" (Op Naga), a multi-agency initiative aimed at cracking down on illegal fishing vessels at sea. According to Malaysian authorities, from the start of the operation through September 2024, a total of 598 foreign fishing boats were detained—451 of which were Vietnamese vessels—involving 4,391 Vietnamese fishermen. Assets seized during the operation were valued at over 190 million ringgit.[4]
III. Viet Nam-Thailand Fisheries Conflict
Thailand is also deeply affected and troubled by the activities of Vietnamese illegal fishing vessels. According to incomplete statistics, from 2020 to 2024, there will be at least 13 fishery arrests between Thailand and Vietnam, with 23 Vietnamese fishing vessels arrested and at least 210 Vietnamese fishermen detained.[5] Among them, at least six fishery arrests occurred between Thailand and Vietnam in 2023, with Thailand arresting six Vietnamese fishing vessels and 32 fishermen.[6] In 2024, at least three clashes occurred between Thailand and Vietnam, with Thailand arresting eight Vietnamese fishing vessels and 38 fishermen.(See Annex 3 for details) According to the Thai side, a large number of Vietnamese illegal fishing vessels often rammed Thai law enforcement vessels during arrests and managed to flee the scene. On November 10 of 2023, Thailand and Vietnam signed a Memorandum of Understanding (MOU) on combating IUU fishing, but the move has not curbed fisheries conflicts between the two countries.
In addition, Vietnam has frequently experienced similar maritime fisheries conflicts with other countries, including Cambodia, the Philippines, and China. In particular, with China, a large number of Vietnamese fishing vessels operate near the coastal waters of Hainan, Guangxi, and Guangdong, as well as around the Xisha (Paracel) Islands. These vessels are not only involved in illegal fishing but are also often suspected of engaging in reconnaissance activities to gather military intelligence.[7]
In response, Chinese maritime law enforcement agencies have repeatedly detained and expelled Vietnamese vessels in accordance with the law. However, instead of reflecting on and halting these illegal incursions, Vietnam often resorts to turning the situation around, seizing the opportunity to stir up public opinion, smear China, and gain international sympathy.
For instance, on August 28, 2023, the China Coast Guard used a water cannon to expel a Vietnamese fishing vessel (QNg-90495 TS) near the Xisha Islands. Vietnam and certain Western media outlets distorted the event, accusing the China Coast Guard of “violent enforcement” and “bullying the weak.”[8] Again, on September 29, 2024, a Vietnamese fishing vessel was found illegally operating in the waters around the Xisha Islands without permission from the Chinese government, prompting lawful intervention by Chinese authorities. On both occasions, Vietnam used the incidents as opportunities for political manipulation and media hype.[9]
Indeed, IUU fishing has always been a serious and problematic issue throughout Southeast Asian waters, with all three countries - the Philippines (June 2014), Thailand (April 2015) and Vietnam (October 2017) - having received a ‘yellow card’ from the EU, and Cambodia (March 2014) even a “red card”. However, Thailand (2019) and the Philippines (2015) have successfully lifted the"yellow card", and now eight years later, despite the progress made by Vietnam on some measures, the issue of how to eradicate illegal fishing in other countries' waters remains a major challenge for Vietnam. Although Vietnam has made progress in some measures, how to eradicate the problem of illegal fishing in other countries' waters is still the core problem that Vietnam needs to solve, which is also the main reason why the EU has not lifted Vietnam's “yellow card”.
In recent years, under the pressure of the European Union’s “yellow card”, Vietnam has introduced a number of corrective measures, but the actual results have fallen far short of its publicity expectations, and IUU fishing activities are still rampant and even on the rise. This phenomenon not only reflects the contradiction between the shrinking resources of traditional fishing grounds in the South China Sea and the intensification of regional competition, but also exposes the limitations of economic interests and Vietnam’s insufficient governance capacity, and reflects that the Vietnamese government’s policy of encouraging fishing encroachment in order to promote its South China Sea claims. At the same time, the repeated extension of the EU’s “yellow card” warning against Vietnam’s IUU fishing also reflects the long-term, systematic and persistent nature of the problem of Vietnam’s IUU fishing and the resulting encroachment, which is always fueled by a series of deep-rooted and difficult-to-transform motivations.
However, in the face of the reality of the increasing depletion of fishery resources in the South China Sea, it is no longer possible to continue to let the situation go unchecked. In order to promote the sustainable development of fishery resources in the South China Sea, it is necessary for Viet Nam to conduct a comprehensive rethinking of its current fishery subsidy policy and eliminate subsidies that do not contribute to resource conservation and may even encourage illegal fishing. At the same time, it should abandon the mindset of “fishing for the sea” and the permissive policy based on sovereignty claims, improve the regulatory and law enforcement mechanisms, and raise the legal awareness of fishermen, so as to better fulfill its international obligations, protect the marine ecology, and prevent the escalation of fishery friction with neighboring countries.
Reference
*Assistant Research Fellow at the Institute of Maritime Law and Policy, National Institute of South China Sea Studies.
[1] “Indonesia Seizes Six Illegal Fishing Boats in Natuna, Sulawesi,” KOMPAS, April 10, 2023, https://go.kompas.com/read/2023/04/10/153913474/indonesia-seizes-six-ill... “Indonesia's Bakamla seizes Vietnamese fishing boat in Natuna Sea,” The Antara News, August13, 2023, https://en.antaranews.com/news/290952/indonesias-bakamla-seizes-vietname... Pandu Wiyoga, “With Indonesian flag, Vietnamese vessels catch fish from the conservation zone in Anambas,” KOMPAS, October 25, 2023, https://www.kompas.id/baca/english/2023/10/25/en-modus-pakai-bendera-ind....
[2] “KKP Ungkap Alasan Tak Ada Lagi Penenggelaman Kapal,”2 Agust, 2024, https://kumparan.com/kumparanbisnis/kkp-ungkap-alasan-tak-ada-lagi-penen....
[3] Baca artikel detikfinance, "RI Tak Lagi Tangkap Nelayan Vietnam yang Masuk ke Natuna, Cukup Dihalau," DetikFinance, January 16, 2024, https://finance.detik.com/berita-ekonomi-bisnis/d-7144767/ri-tak-lagi-ta....
[4] “Op Naga: 598 foreign fishing vessels detained from May 2019 to September 2024,” The Star, 17 Oct 2024, https://www.thestar.com.my/news/nation/2024/10/17/op-naga-598-foreign-fi....
[5] Wang Tengfei ,Yan Yan, Wang Siyu, Song Runxi, “Vietnamese Illegal Fishing Activities Trigger Crisis in the South China Sea,” SCSPI, September 21, 2024, http://www.scspi.org/en/dtfx/vietnamese-illegal-fishing-activities-trigg....《越南渔船多次入侵泰国海域非法捕捞》,泰国星暹,2022年9月3日,https://mp.weixin.qq.com/s/1OSl5WjSIPNET2APFWOUAQ。
[6] “Two Vietnamese fishing boats seized, 11 crew arrested,” Bangkok Post, 23 JUN 2023,
https://www.bangkokpost.com/thailand/general/2598121/two-vietnamese-fish....
[7] 闫岩:《越南渔船“捕鱼”乱象何时了》,中国南海研究院官网,2020年3月26日,http://www.nanhai.org.cn/review_c/422.html。
[8] “Tàu nước ngoài phun vòi rồng khiến 2 ngư dân Quảng Ngãi bị thương,” Bien Phong, August 30, 2023, https://www.bienphong.com.vn/tau-nuoc-ngoai-phun-voi-rong-khien-2-ngu-da....
[9] 《越南抗议中国殴打越南渔民》,联合早报,2024年10月3日,https://www.zaobao.com/news/sea/story20241003-4925928。
Annex 1
Annex 2
Annex 3
[1] In 2017, the Indonesian government renamed the "Northern Exclusive Economic Zone" waters around the Natuna Islands in the South China Sea as the "North Natuna Sea". Prior to this official renaming, the area was generally considered part of the southern South China Sea internationally and was not referred to as the "North Natuna Sea". China does not recognize the name "North Natuna Sea".
[2] “KKP Tangkap Kapal Ilegal Asal Vietnam di Laut Natuna,” KKP, March 30, 2023, https://kkp.go.id/artikel/50173-kkp-tangkap-kapal-ilegal-asal-vietnam-di....
[3] “Indonesia Seizes Six Illegal Fishing Boats in Natuna, Sulawesi,” Kompas, April 10, 2023, https://go.kompas.com/read/2023/04/10/153913474/indonesia-seizes-six-ill....
[4] “Indonesia's Bakamla seizes Vietnamese fishing boat in Natuna Sea,” The Antara News, August 13, 2023, https://en.antaranews.com/news/290952/indonesias-bakamla-seizes-vietname....
[5] “Ferocious Wave Season, Natuna is Prone to Foreign Ships Thief Fishing”, Kompas, Dec 6, 2023, https://www.kompas.id/baca/english/2023/12/06/en-musim-ombak-ganas-natun....
[6] PANDU WIYOGA, “With Indonesian flag, Vietnamese vessels catch fish from the conservation zone in Anambas,” KOMPAS, 25 October 2023, https://www.kompas.id/baca/english/2023/10/25/en-modus-pakai-bendera-ind....
[7] “Ferocious Wave Season, Natuna is Prone to Foreign Ships Thief Fishing,” Kompas, Dec 6, 2023, https://www.kompas.id/baca/english/2023/12/06/en-musim-ombak-ganas-natun...
[8] Hendri Kremer, “Tiga Kapal Ikan Ilegal dari Vietnam dan Malaysia Ditangkap di Laut Natuna dan Selat Malaka,” May 5, 2024, https://mediaindonesia.com/nusantara/669136/tiga-kapal-ikan-ilegal-dari-...
[9] “Dua Kapal Ikan Vietnam Ditangkap di Laut Natuna Utara, Sudah Beroperasi 10 Tahun,” Mongabay, 4 July 2024, https://www.mongabay.co.id/2024/07/04/dua-kapal-ikan-vietnam-ditangkap-d....
[10] Martyasari Rizky, “RI Tangkap 9 Nelayan Vietnam Terbukti Maling Ikan 1 Ton di Natuna,” CNBC Indonesia, 23 August 2024, https://www.cnbcindonesia.com/news/20240823104041-4-565797/ri-tangkap-9-....
[11] “MMEA detain four Vietnamese fishing boats, 24 crew,”The Star, 15 Jan 2023, https://www.thestar.com.my/news/nation/2023/01/15/mmea-detain-four-vietn...
[12] “31 Vietnamese fishermen nabbed for illegal fishing in Kelantan waters,” New Straits Times, Mar 26, 2023, https://www.nst.com.my/news/crime-courts/2023/03/893076/31-vietnamese-fi....
[13] “31 Vietnamese fishermen nabbed for illegal fishing in Kelantan waters,” New Straits Times, Mar 26, 2023, https://www.nst.com.my/news/crime-courts/2023/03/893076/31-vietnamese-fi....
[14] “Vietnamese boat impounded for illegal fishing off Terengganu,” The Star, 1 Jun 2023, https://www.thestar.com.my/news/nation/2023/06/01/vietnamese-boat-impoun....
[15] “Vietnamese vessel encroached and stole sea produce near Sandakan city,” New Straits Times, Jul 2, 2023, https://www.nst.com.my/news/crime-courts/2023/07/926429/vietnamese-vesse...
[16] “MMEA officer injured in attack by foreign fisherman,” New Straits Times, Jul 5, 2023, https://www.nst.com.my/news/nation/2023/07/927755/mmea-officer-injured-a...
[17] “Twenty-one Vietnamese fishermen caught for encroaching Kelantan waters,” New Straits Times, Jul 15, 2023, https://www.nst.com.my/news/crime-courts/2023/07/931277/twenty-one-vietn...
[18] “Kelantan MMEA nabs four fishing vessels, 43 Vietnamese fishermen,” Malay Mail, 24 Sep 2023, https://www.malaymail.com/news/malaysia/2023/09/24/kelantan-mmea-nabs-fo....
[19] “MMEA nabs 37 Vietnamese fishermen for illegal fishing off Mersing waters,” The Star, 12 Oct 2023, https://www.thestar.com.my/news/nation/2023/10/12/mmea-nabs-37-vietnames....
[20] “Vietnamese fishermen resort to daring tactics to evade MMEA arrest,” New Straits Times, Nov 2, 2023, https://www.nst.com.my/news/nation/2023/11/974147/vietnamese-fishermen-r....
[21] “MMEA nabs four Vietnamese overillegal fishing,” The Sun, Dec 12, 2023, https://thesun.my/local-news/mmea-nabs-four-vietnamese-over-illegal-fish....
[22] “Vietnamese-registered vessels held for anchoring illegally”, New Straits Times, Feb 8, 2024, https://www.nst.com.my/news/nation/2024/02/1011187/vietnamese-registered...
[23] “Kelantan MMEA nabs 23 Vietnamese fishermen, two fishing vessels”, Malay Mail, Feb 25, 2024, https://www.malaymail.com/news/malaysia/2024/02/25/kelantan-mmea-nabs-23....
[24] “MMEA S’wak detains Vietnamese, Indonesian fishing vessels off Tanjung Po,” Dayak Daily, Mar 9, 2024, https://dayakdaily.com/mmea-swak-detains-vietnamese-indonesian-fishing-v....
[25] “Pahang MMEA detains Vietnamese fishing vessel with 250-kg catch near Tioman,” The Sun, March 16, 2024, https://thesun.my/local-news/pahang-mmea-detains-vietnamese-fishing-vess....
[26] “Kelantan MMEA nabs 23 Vietnamese fishermen, two boats with seafood catch worth RM3m,”Malay Mail, March 19, 2024, https://www.malaymail.com/news/malaysia/2024/03/19/kelantan-mmea-nabs-23....
[27] Zaid Salim, “Authorities foil trespass attempt by Vietnamese fishermen,” New Strait Times, April 10, 2024, https://www.nst.com.my/news/crime-courts/2024/04/1036683/authorities-foi....
[28] Stephanie Lee, “MMEA seizes Vietnamese fishing boats in Sabah waters, 12 crewmen detained,” The Star, April 19, 2024, https://www.thestar.com.my/news/nation/2024/04/19/mmea-seizes-vietnamese....
[29] Cynthia D Baga, “Illegal fishing: Six Vietnamese fined RM1.3 million,” May 7, 2024, https://ekss-portal.kehakiman.gov.my/portals/web/share/attachment_dl/?id....
[30] Sharifah Mahsinah Abdullah, “21 Vietnamese fishermen detained for trespassing, vessels, fish seized,” New Straits Times, May 30, 2024, https://www.nst.com.my/news/nation/2024/05/1057415/21-vietnamese-fisherm....
[31] Margaret Ringgit, “Vietnamese boat detained for illegal fishing,” Sarawak Tribune, July 9, 2024, https://www.newsarawaktribune.com.my/vietnamese-boat-detained-for-illega....
[32] Zatul Iffah Zolkiply, “2 kapal nelayan Vietnam ditahan bersama satu tan hasil laut negara,” August 9, 2024, https://www.bharian.com.my/berita/kes/2024/08/1282407/2-kapal-nelayan-vi....
[33] “Maritim Sarawak tahan 2 bot, 10 rakyat Vietnam,” Malaysia Bangkit, October 9, 2024, https://malaysiabangkit.com/2024/10/09/10-kru-tekong-ditahan-tanpa-dokum....
[34] “MMEA detains Vietnamese fishingboat in Miri waters, seizes haul worthRM1.5 mln,” Dayak daily, October 12, 2024, https://dayakdaily.com/mmea-detains-vietnamese-fishing-boat-in-miri-wate...。
[35] “Tahan empat nelayan Vietnam, rampas satu tan hasil laut,” Utusan Malaysia, October 19, 2024, https://www.utusan.com.my/berita/2024/10/tahan-empat-nelayan-vietnam-ram...
[36] Zaid Salim, “13 nelayan Vietnam ditahan ceroboh perairan negara,” Bharian Online, November 17, 2024, https://www.bharian.com.my/berita/kes/2024/11/1324872/13-nelayan-vietnam...
[37] “Two Vietnamese fishing boats seized, 11 crew arrested,” Bangkok Post, Jun 23, 2023, https://www.bangkokpost.com/thailand/general/2598121/two-vietnamese-fish...
[38] “Vietnamese fishing boat seized, 5 crew arrested,” Bangkok Post,27 Aug 2023
https://www.bangkokpost.com/thailand/general/2636710/vietnamese-fishing-...
[39] https://www.77kaoded.com/news/suntitikojitmate/2477910.
[40] “Navy rejects claims of 100 Vietnamese boats trawling Thai waters, ”The Nation, Nov 15, 2023, https://www.nationthailand.com/thailand/general/40032879
[41] “Thai Navy Detains Alleged Vietnamese Fishermen for Illegally Fishing in the Gulf of Thailand,” The Pattaya News, Nov 19, 2023, https://thepattayanews.com/2023/11/19/thai-navy-detains-alleged-vietname....
[42] “Vietnamese fishing boat owner fined $37,000 over IUU fishing,”Tuoi Tre News, Mar 13, 2024, https://tuoitrenews.vn/news/society/20240313/vietnamese-fishing-boat-own....
[43] “Two Vietanamese trawlers seized, 11 crew arrested,” Bamgkok Post, Feb 24, 2024, https://www.bangkokpost.com/thailand/general/2747703/two-vietanamese-tra...
[44] Kittisak Phalaharn, “Thai Authorities Intercept Illegal Vietnamese Fishing in the Gulf of Thailand,” The Pattaya News, May 7, 2024, https://thepattayanews.com/2024/05/07/thai-authorities-intercept-illegal....
[45] “Vietnamese trawler, crewmen captured off Nakhon Si Thammarat,” Bangkok Post, July 5, 2024, https://www.bangkokpost.com/thailand/general/2823674/vietnamese-trawler-....