THE GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
………….
|
No.:
93/2013/ND-CP
|
Hanoi,
August 20, 2013
|
DECREE
ON
SANCTION OF ADMINISTRATIVE VIOLATION IN THE FIELD OF MARITIME AND INLAND
WATERWAY TRANSPORT
Pursuant to the Law on organization of the
Government dated December 25, 2001;
Pursuant to the Law on handling of
administrative violations dated June 20, 2012;
Pursuant to the Vietnam Maritime Code dated June
14, 2005;
Pursuant to the Law on inland waterway transport
dated June 15, 2004;
At the proposal of the Minister of Transport,
The Government issues the Decree stipulating the
sanction of administrative violations in the field of maritime and inland
waterway transport.
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GENERAL PROVISIONS
Article 1. Scope
of regulation
1. This Decree provides for administrative
violations, form of sanction, level of sanction, remedial measures for
administrative violations and authority to sanction administrative violations
in the field of transport maritime and inland waterway.
2. Acts of administrative violation in the field of
maritime transport provided for in Chapter II of this Decree include:
a) Violations of regulation on construction and
operation of seaports;
b) Violations of regulations on the maritime
operation of ships at seaports;
c) Violations of regulations on registration,
register of ships and crew allocation, use of professional certificates, seaman
book and seaman passport;
d) Violations of regulations on maritime pilotage;
dd) Violations of regulations on business
operations of maritime transport and services;
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g) Violations of regulations on crew training and
coaching activities;
h) Violations of regulations on oil spill response,
management of receiving and treatment of oily liquid waste from ships at
seaports.
3. Acts of administrative violation in the field of
inland waterway transport specified in Chapter III of this Decree include:
a) Violations of regulations on construction,
protection and exploitation of infrastructure of inland waterway transport;
b) Violations of regulations on registration and
register of vehicles;
c) Violation of regulations on conditions of crew
and vehicle controllers;
d) Violation of traffic rules and signals of the
vehicles;
dd) Violation of regulations on operation of port,
inland wharf and waterway transport.
4. If the violations specified at Points b, c, d,
dd, e, f, g and h, Clause 2 of this Article occur outside seaport water bodies
shall also be sanctioned under the provisions of this Decree and other relevant
regulations of law.
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Article 2.
Subject of application
1. Vietnamese individuals and organizations having acts
of administrative violations in the field of maritime and inland waterway
transport, person having competence in making a record and sanction of
administrative violations in the field of maritime and inland waterway
transport.
2. Foreign individuals and organizations having
administrative violations in the territory, the contiguous zone, the exclusive
economic zone and continental shelf of the Socialist Republic of Vietnam or on
ships under Vietnamese flag shall be sanctioned for administrative violations
in accordance with the laws of Vietnam, except where otherwise specified by
international agreements in which the Socialist Republic of Vietnam is a
contracting party.
3. The ship controller of sea
ship and fishing vessel upon operating on inland waterways and having acts of
violation specified in Article 33, Article 47, Article 48, Article 49 and
Article 59 or fishing vessel having acts of violation specified in Article 42
and Article 50 of this Decree shall be administratively sanctioned under the provisions
of such Articles; for other acts of administrative violations, the form and
level of sanction are applied under the provisions of Chapter II of this Decree
or Decree on sanction of administrative violations in the field of fisheries.
Article 3. Statute of
limitations for sanction of administrative violations
The statute of limitations for sanction of
administrative violations in the field of maritime and inland waterway
transport is 01 year. For acts of administrative violation on seaport
construction, maritime works and works of inland waterway transport
infrastructure, environment, exit and entry of ships, crew and passengers, the
statute of limitations is 02 years.
Article 4. Form of sanction of
administrative violation and remedial measures
1. Individuals and organizations having acts of
administrative violation in the field of maritime and inland waterway transport
shall be subject to one of the main form of sanction for each act of violation:
a) A caution;
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2. Individuals and organizations having acts of
administrative violation, depending on the nature and seriousness of the
violation, shall be subject to additional forms of sanction as follows:
a) Depriving the right to use license and
certificate of practice for a period from 01 to 24 months. The provisions of
this Point shall not be applied for seaman Passport of the foreigners;
b) Suspending operation for a period from 01 to 24
months
c) Confiscating exhibits and vehicles used for
administrative violations.
3. In addition to the forms of sanction specified
in Clause 1 and Clause 2 of this Article, individuals and organizations having
acts of administrative violation in the field of maritime and inland waterway
transport have to take remedial measures specified in Chapters II and III of
this Decree.
4. The maximum level of fine specified in Chapter
II, III and IV of this Decree is the level which is applied to individuals. In
case of fine for the same act of violation, the level of sanction for
organizations is 02 times as much as the level of sanction for individuals.
5. For act of administrative violations whose level
of sanction is prescribed according to the tonnage of ship, gross tonnage (GT)
is the tonnage measured in accordance with the International Convention on
tonnage measurement in 1969, specified in the certificate of register office.
If the certificate is not specified with the ships tonnage, then the ships
tonnage is converted as follows:
a) Cargo ship: 1.5 tons is calculated as 01 GT upon
registration;
b) Tugship and push ship: 01HP is
calculated as 0,5 GT;
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Chapter 2.
ACTS OF ADMINISTRATIVE
VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF MARITIME
TRANSPORT
SECTION 1. VIOLATION ON
CONSTRUCTION AND SEAPORT OPERATION
Article 5. Violations of
regulations on naming, renaming seaports, offshore oil ports, ports, berths,
buoys, water areas and water bodies
1. A fine of between VND 30,000,000 and 50,000,000
shall be imposed on acts of naming, renaming of seaports, offshore oil ports,
ports, berths, buoys, water areas and water bodies or use and transaction by
name of seaports, offshore oil ports, ports, berths, buoys, water areas
and water bodies not in line with the names announced by the competent authority.
2. Remedial measures:
Coercively modifying and correcting name of
seaports, offshore oil ports, ports, berths, buoys, water areas and water
bodies in line with the name announced by the competent authority for acts of
violations specified in Clause 1 of this Article.
Article 6. Violation of the
provisions of the re-letting of port and berth infrastructure
1. A fine of between VND 60,000,000 and 80,000,000
shall be imposed on the re-letting of port and berth infrastructure without
the lessor’s written consent.
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3. Remedial measures:
Coercively surrendering the illegally amount of money
earned by the acts of administrative violation specified in Clause 1 and Clause
2 of this Article.
Article 7. Violation of
provision on safety, security and order assurance in the seaport operation
1. A caution shall be imposed on acts of entering
and leaving port land or going on board without following the instructions of
the competent person or authority;
2. A fine of between VND 200,000 and 500,000 shall
be imposed on entering and leaving the port land or on ships without the
permission of the competent agency or authority.
3. A fine of between VND 1,000,000 and 3,000,000
shall be imposed on one of the act of violation as follows:
a) Violations of regulations on the signal of berth
limitation for ships to berth safely;
b) Failing to arrange person mooring and unmooring
ships as prescribed;
c) Failing to announce control plan for ships to
enter or leave port to the Port authority as prescribed;
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4. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on one of the act of violation as follows:
a) Using employees without permits and certificates
of practice as prescribed;
b) Failing to make a timely report to the Port
Authority on incidents and accidents related to the safety, security and
environmental pollution at the ports.
c) Failing to provide the area Port Authority with
the depth data of water bodies in front of berths as prescribed
d) Failing to carry out periodical survey to
publish maritime announcement on the depth of water bodies in front of berths
and other water bodies as prescribed.
5. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Letting ships enter port or moor at the seaport
water bodies without permission of the Port authority;
b) Arbitrarily loading and unloading when the ships
have not completed the procedures for port entry as prescribed;
c) The anti-collision buffer system and mooring
bollard of berth are insufficient or unsafe for mooring ships;
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dd) There is no security officer of seaport as
prescribed;
e) Arranging berth for ships to enter and leave
without ensuring time or necessary conditions as prescribed;
6. A fine of between VND 30,000,000 and 60,000,000
shall be imposed on one of the act of violation as follows:
a) Operating ports not in line with their functions
announced by the competent authority;
b) Letting ships moor the berth when it is not
allowed to put into operation and use;
c) Failing to perform the inspection of quality of
seaport infrastructure on schedule.
7. Additional sanction:
Suspending the receipt of ships operating on
international line into ports from 01 to 06 months for acts of violation
specified at Point d and dd, Clause 5 of this Article.
Article 8. Violation of
regulation on signs, codes, load and unloading and storage of cargo
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a) Failing to mark the signs and codes of cargo or
did but not in accordance with regulation;
b) Loading and unloading and storage of cargo not
in accordance with regulation;
c) Placing cargo on berth exceeding the permitted
loading;
2. Remedial measures
a) Coercively eliminating the violating factors on
cargo for acts of violation specified at Point a, Clause 1 of this Article;
b) Coercively restoring the initial condition for
acts of violation specified at Point c, Clause 1 of this Article.
Article 9. Violation of
regulation on maritime safety assurance and prevention of environmental
pollution upon new construction or renewal, upgrade of seaport or construction
and installation of other works and equipment affecting the maritime safety at
seaport water bodies.
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Being equipped with lifesaving equipment not in
accordance with regulation;
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c) Failing to fully install signs as prescribed or
give right signal in the area where the works are under performance;
d) Obstructing maritime transport on maritime
channel when the ship used in works construction anchors outside the permitted
limit.
dd) Pouring construction materials without toxic
substances into seaport water bodies;
e) Using trawl-net or placing means of catching,
aquaculture and exploitation of natural resources in seaport water bodies and
maritime channel without the consent of Port Authority or at the wrong place or
time approved.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
a) Performing works without permit or approval of
the competent authority;
b) Failing to perform works at permitted place;
c) Performing works exceeding the time specified in
the performance permit;
d) Using special means and equipment for surveying,
dredging channel and dropping the maritime signal and conducting other
activities in the seaport water bodies without the approval of the Port
Authority;
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e) Failing to fully implement the plan for maritime
safety assurance approved by the competent authority;
g) Forming obstacles in seaport water bodies and
Vietnam sea areas affecting maritime activities.
3. A fine of between VND 60,000,000 and 80,000,000
shall be imposed on one of the act of violation as follows:
a) Performing works without permission of competent
authority resulting in accident occurrence;
b) Failing to perform works at the right place
permitted resulting in accident occurrence;
c) Causing environmental pollution upon performance
of works;
d) Failing to implement or fully implement the plan
for maritime safety assurance approved by the competent authority resulting in
accident occurrence.
4. Remedial measures:
a) Coercively restoring the initial conditions which
have been changed due to acts of violation specified at Point d, dd, e and
Point g, Clause 2 of this Article;
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c) Coercively taking remedial measures of
environmental pollution due to acts specified at Point c, Clause 3 of this
Article.
Article 10. Violation of
regulation on fire and explosion prevention at seaports.
1. A fine of between VND 1,000,000 and 2,000,000
shall be imposed on one of the act of violation as follows:
a) Having no table of rules, signs or necessary
warning instructions at inflammable places;
b) Misusing special-purpose fire suppression
equipment;
2. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on one of the act of violation as follows:
a) The fire suppression equipment is improper or
not in a state of operational readiness as prescribed;
b) Failing to place at the right place or to lay
out the fire and explosion prevention equipment appropriate with the type of
cargo being transported, loaded and unloaded.
3. A fine of between VND 5,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
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b) Failing to make timely report to the state
agencies concerned on incidents and accidents of fire and explosion;
c) Employing employees who are not equipped with
labor protection equipment or trained on fire and explosion prevention as
prescribed;
d) Having no plan of fire and explosion prevention
system approved by the competent authority.
Article 11. Violation of
regulation on environmental pollution due to maritime operation.
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on the act of placing or pouring dirty water on the berth to
make it and the seaport water bodies unhygienic:
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Littering garbage and other waste down to the
berth or seaport water bodies;
b) Flushing water with dirty residue onto the berth
or seaport water bodies;
3. A fine of between VND 30,000,000 and 50,000,000
shall be imposed on the act of flushing water with oil onto the berth or
seaport water bodies;
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5. A fine of between VND 50,000,000 and 100,000,000
shall be imposed on the act of flushing water or waste with toxic chemical onto
the berth or seaport water bodies;
6. Remedial measures:
Coercively taking remedial measures of
environmental pollution for acts of violations specified in Clause 1, 2, 3 and 5 of this Article.
Article 12. Violation of
regulation on protection of seaport works and maritime channels
1. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on the act of failing to improve and fix damages of seaport
works and maritime channels at the proposal of the competent authority
2. A fine of between VND 20,000,000 and 40,000,000
shall be imposed on the act of works construction, use and operation of space,
land area and water bodies within the protection area of seaport works and
maritime channels or outside the protection area of seaport works and maritime
channels but affecting the safety of seaport works and maritime channels
without permission from the competent state authority on protection of seaport
works and maritime channels.
3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on the act of infringement to cause damage of seaport works
and maritime channels.
4. Remedial measures:
Coercively restoring the initial condition which
has been changed due to acts of violation specified in Clause 2 and 3 of this
Article.
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Article 13. Violation of
regulation on procedures for arrival at seaport or transit
1. For acts of violations of ships upon arrival at
port or in transit without notice and confirmation of notice as prescribed;
ships arriving at the location to pick up and drop pilot to enter the port or
transit slower than the time confirmed; ships arriving at port without making
declaration for ship security to the Port Authority as prescribed, shall be
punished as follows:
a) A fine of between VND 1,000,000 and 2,000,000 shall be imposed on ships with
gross tonnage of less than 500 GT;
b) A fine of between VND 2,000,000 and 5,000,000 for
ships with gross tonnage from 500 GT to less than 3,000 GT;
c) A fine of between VND 5,000,000 and 10,000,000
shall be imposed on ships with gross tonnage of 3000 GT or more;
2. For ships arriving at port or transiting without
performing the prescribed procedures shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and 10,000,000
shall be imposed on ships with gross tonnage of less than 500 GT;
b) A fine of between VND 10,000,000 and 20,000,000 for ships with gross tonnage from 500 GT to less than 3,000 GT;
c) A fine of between VND 20,000,000 and 30,000,000 shall be imposed on ships with gross tonnage of 3000 GT or
more;
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1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on inadequate or incorrect declaration
concerning the information in the notice and confirmation of notice of arrival
and leaving of ship or the general declaration.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on performing procedures for ships to enter and leave seaport
or transit slower than the prescribed time.
3. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Lacking one of papers upon performing procedures
for entry and leaving of port or transit as prescribed;
b) Failing to provide or sufficiently provide
papers concerning dangerous cargo transported on ships as prescribed.
4. A fine of between VND 10,000,000 and 30,000,000
shall be imposed on acts of letting seaman, passengers or those who have no
duties aboard before completing entry procedures or leaving the ship after
completing the exit procedures as prescribed.
5. For act of having no leaving permit of final
port as prescribed or intentionally leaving port without permission of the
competent authority shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed on ships with gross tonnage of less than
500 GT;
b) A fine of between VND 20,000,000 and 40,000,000 for ships with gross tonnage from 500 GT to less than 3,000 GT;
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6. A fine of between VND 80,000,000 and 100,000,000
shall be imposed on acts of foreign ships engaged in local transportation or
performing particular activities without the permission of competent authority
as prescribed.
7. Additional sanction:
Depriving the captain’s Certificate of professional
capacity from 01 to 06 months for acts of violation specified in Clause 5 of
this Article.
8. Remedial measures:
Coercively supplementing papers and completing
procedures as prescribed for acts of violation specified at Clause 1, 3 and 6
of this Article.
Article 15. Violation of
regulation on safety, security order and sanitation for acts related to ships.
1. A caution shall be imposed on acts of swimming
to affect public order in the port area.
2. A fine of between VND 1,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
a) Blowing the horn or using electric speaker to
give information about cases which are not emergences or urgently alarm as
prescribed;
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c) Organizing swimming in the port water bodies
without approval of the Port Authority;
d) Hanging flag improperly;
3. A fine of between VND 2,000,000 and 4,000,000
shall be imposed on failing to hang or hanging Vietnamese national Flag
improperly.
4. A fine of between VND 4,000,000 and 6,000,000
shall be imposed on one of the act of violation as follows:
a) Placing the ship or crew’s equipment and assets
on the surface of berth at improper place;
b) Repairing and testing machinery and horn without
permission of the Port Authority;
c) Failing to monitor VHF channel or use it
properly;
d) Conducting mouse fumigation and sterilization at
improper place;
dd) Having no mouse blocking tool or using it
improperly;
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g) Failing to comply with regulation on shift duty
as prescribed;
h) Failing to allocate or allocating ship security
officer improperly;
i) Announcing or releasing security alarm not in
accordance with the actual security situation of the ship;
k) Letting the ship drag or
pull anchor underwater while working in channels, canals and water bodies in
front of berth.
5. A fine of between VND 8,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Maneuvering ships to enter and leave seaports or
moor or unmoor without the captain’s presence of in the cabin;
b) Conducting the fumbling and diving activities or
other underwater work at the seaport water bodies without permission of the
Port Authority or performing that work without warning signals as prescribed;
c) Organizing sports activities or activities with
concentration of a lot of means in the seaport water bodies without permission
of the Port Authority;
d) Using sports and tourist boats operating in
seaport water bodies without permission of the Port Authority;
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e) Failing to specify the name, IMO number,
registration port, draft mark as prescribed;
g) Failing to install, maintain
the technical status of the itinerary monitoring equipment of high-speed ship
or installing without turning on the itinerary monitoring equipment of
high-speed boat as prescribed.
6. A fine of between VND 10,000,000 and 15,000,000
shall be imposed on one of the act of violation as follows:
a) Failing to notify the Port Authority of the
maritime incident and accident caused by their ships or violating other
regulations on report and investigation of maritime accidents;
b) Failing to fully equip with maritime equipment
in the cabin as prescribed or if any but it cannot work or be used.
c) Failing to maintain contact with the Port
Authority via VHF on the channel notified or other communication equipment;
d) Failing to maintain the operation of automatic
identification device as prescribed;
dd) Arranging lifesaving equipment of ship
improperly;
e) Failing to follow regulations as ships cruise,
avoid or overtake on maritime channels;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. A fine of between VND 15,000,000 and 25,000,000
shall be imposed on maneuvering boats to enter and leave seaports or moor and
unmoor the berth causing less serious accidents without the captain’s presence
in the cabin or the ships do not comply with regulations upon traveling,
avoiding and overtaking each other on the maritime channel causing less serious
maritime accidents.
8. A fine of between VND 25,000,000 and 35,000,000
for acts of maneuvering ships to enter and leave seaports or moor and unmoor
the berth causing serious accidents without the captain’s presence in the cabin
or the ships do not comply with regulations upon traveling, avoiding and
overtaking each other on the maritime channel causing serious maritime
accidents.
9. A fine of between VND 35,000,000 and 45,000,000
for acts of maneuvering ships to enter and leave seaports or moor and unmoor
the berth causing extremely serious accidents without the captain’s presence in
the cabin or the ships do not comply with regulations upon traveling, avoiding
and overtaking each other on the maritime channel causing extremely serious
maritime accidents.
10. For acts of ships failing to operate in
permitted area as prescribed shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed on ships with gross tonnage of less than
500 GT;
b) A fine of between VND 20,000,000 and 40,000,000 for ships with gross tonnage from 500 GT to less than 3,000 GT;
c) A fine of between VND 30,000,000 and 40,000,000 shall be imposed on ships with gross tonnage of 3,000 GT or
more;
11. A fine of between VND 40,000,000 and 60,000,000
shall be imposed on one of the act of violation as follows:
a) Running away after causing maritime accident;
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12. Additional sanction:
a) Depriving the captain’s Certificate of professional
capacity from 01 to 03 months for acts of violation specified in Clause 7 of
this Article.
b) Depriving the captain’s Certificate of
professional capacity from 03 to 06 months for acts of violation specified in
Clause 8 of this Article.
c) Depriving the captain’s Certificate of
professional capacity from 06 to 12 months for acts of violation specified in
Clause 9 and Point a, Clause 11 of this Article.
13. Remedial measures:
a) Coercively removing obstacles due to violations
specified at Point a, Clause 4 of this Article.
b) Coercively leaving out of the operational area
in accordance with operational boat level for acts specified in Clause 10 of
this Article.
Article 16. Violation of
regulations on fire and explosion prevention for ships.
1. A fine of between VND 500,000 and 1,000,000
shall be imposed on smoking at in non-smoking places or for unintentional acts
that may cause fire or explosion on ships.
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a) Having no warning signs or necessary
instructions at inflammable and explosive places;
b) Having no plan of fire and explosion prevention
system and fire suppression assignment table or manipulation instruction table
at positions on ship as prescribed;
c) Fire suppression equipment is placed at improper
positions on ship;
d) Seaman does not use the ship’s fire suppression
equipment proficiently;
dd) Using the ship’s fire suppression equipment
improperly;
e) Failing to comply with the process of
preservation and maintenance of fire and explosion prevention equipment;
3. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) The fire and explosion prevention equipment can
not be used;
b) Having no rescue plan in case of emergency;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Using specialized fire suppression means in
other purposes;
dd) Fire suppression equipment is not suitable or
not in a state of operational readiness as prescribed;
4. A fine of between VND 10,000,000 and 30,000,000
shall be imposed on delayed performance or noncompliance with orders of the
Port Authority on participation in fire suppression at berth and seaport water
bodies.
Article 17. Violation of
regulations on environmental protection caused by ships
1. A fine of between VND 1,000,000 and 3,000,000
shall be imposed on one of the act of violation as follows:
a) Failing to write in ship log on oily water
pumping or oil, waste and garbage disposal as prescribed;
b) Failing to be equipped with waste container and
classification as prescribed;
c) Scraping chimney or emitting black smoke when
boats are moored in the seaport water bodies;
d) Removing rust and painting ship without
permission of the Port Authority.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on violation of littering and disposal of garbage or other
items from the ship to the berth or seaport water bodies;.
4. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
a) Pumping or discharging of ballast water or water
with dirty residue from the ship to the berth or seaport water bodies;
b) Cleaning cargo hold or deck resulting in
environmental pollution;
c) Conducting pumping fuel between ships and other
vehicles without permission of the Port Authority;
d) Having insufficient equipment oily water and oil
separators as prescribed or the separators can not be used;
dd) Letting the occurrence of leakage of oily
wastewater from the ship onto the berth or seaport water bodies;
e) Failing to comply with one of the procedures and
rules of technical safety when receiving fuel;
g) Letting other ships draw
along side during the receipt of fuel between two ships.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. A fine of between VND 60,000,000 and 100,000,000
shall be imposed on violation of regulation on the pumping and flushing of
water or waste mixed with toxic substances from the ship onto the berth or
seaport water bodies;
7. A fine of between VND 80,000,000 and 90,000,000
shall be imposed on pouring mud and waste from dredging into the improperly
specified places.
8. A fine of between VND 90,000,000 100,000,000
shall be imposed for acts of pouring mud and waste from dredging into the improperly
specified places within the maritime channels, the water bodies in front of
berth, port, mooring area, transfer area, areas where pilots go on board or
leave ship and quarantine area.
9. Additional sanction:
a) Depriving the captain’s Certificate of
professional capacity from 03 to 06 months for acts of violation specified in
Clause 7 of this Article.
b) Depriving the captain’s Certificate of
professional capacity from 06 to 12 months for acts of violation specified in
Clause 8 of this Article.
10. Remedial measures:
Coercively taking remedial measures of
environmental pollution as prescribed due to acts specified in Clause 3, Point
a,b and dd, Clause 4, 5, 6, 7 and 8 of this Article.
Article 18. Violation of
regulation on life safety on boats
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Having no duty assignment table in case of
emergency at required positions or having duty assignment table but
inconsistent with the crew or the regulation table has been damaged;
b) Having no table of manipulation instruction of
lifesaving and boat perforation rescue equipment or the signage has been
damaged;
c) Having no personal liability card upon alarming
at the designated places on boats or the card is inconsistent with the crew;
d) The seaman cannot proficiently use the
lifesaving and boat perforation rescue equipment.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the acts as follows:
a) The side stairs has no safety net or lights as
prescribed;
b) Using the lifesaving and boat perforation rescue
equipment improperly.
3. For acts of failing to allocate minimum safe
manning or exceeding the permitted level of lifesaving equipment on boat as
prescribed and failing to be equipped or sufficiently equipped with fire
suppression, lifesaving and perforation rescue equipment as prescribed shall be
sanctioned as follows:
a) A fine of between VND 10,000,000 and 2,000,000 shall be imposed on ships with
gross tonnage of less than 500 GT;
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c) A fine of between VND 30,000,000 and 40,000,000
shall be imposed on ships with gross tonnage of 3000 GT or more;
4. For acts of transporting cargo exceeding the
regulation of ship with a total capacity of less than 500 GT shall be
sanctioned as follows:
a) A caution for acts of transporting cargo
exceeding less than 01% compared with the permitted loading;
b) A fine of between VND 3,000,000 and 5,000,000
shall be imposed on acts of transporting cargo exceeding from 01% to less than
05% compared with the permitted loading;
c) A fine of between VND 5,000,000 and 10,000,000
shall be imposed on acts of transporting cargo exceeding from 05% to less than
10% compared with the permitted loading;
d) A fine of between VND 10,000,000 and 15,000,000
shall be imposed on acts of transporting cargo exceeding from 10% compared with
the permitted loading;
5. For acts of transporting cargo exceeding the
regulation of ship with a total capacity of 500 GT to less than 3.000
GT shall be sanctioned as follows:
a) A caution for acts of transporting cargo
exceeding less than 01% compared with the permitted loading;
b) A fine of between VND 10,000,000 and 20,000,000
shall be imposed on acts of transporting cargo exceeding from 01% to less than
05% compared with the permitted loading;
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d) A fine of between VND 30,000,000 and 50,000,000
shall be imposed on acts of transporting cargo exceeding 10% or more compared
with the permitted loading;
6. For acts of transporting cargo exceeding the regulation
of ship with a total capacity of 3.000 GT or more shall be
sanctioned as follows:
a) A caution for acts of transporting cargo
exceeding less than 01% compared with the permitted loading;
b) A fine of between VND
30,000,000 and 40,000,000 shall be imposed on acts of transporting cargo
exceeding from 01% to less than 05% compared with the permitted loading;
c) A fine of between VND 50,000,000 and 60,000,000
shall be imposed on acts of transporting cargo exceeding from 05% to less than
10% compared with the permitted loading;
d) A fine of between VND 70,000,000 and 80,000,000
shall be imposed on acts of transporting cargo exceeding 10% or more compared
with the permitted loading;
7. For acts of transporting passenger exceeding the
prescribed number of ship with a total capacity of less than 500
GT shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and 10,000,000
shall be imposed on act of transporting passenger exceeding 5 persons compared
with the permitted amount;
b) A fine of between VND 10,000,000 and 15,000,000
shall be imposed on act of transporting passenger exceeding from 06 to persons
compared with the permitted amount;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. For acts of transporting passenger exceeding the
prescribed number of ship with a total capacity from 500 GT
to less than 3,000 GT shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and 15,000,000
shall be imposed on act of transporting passenger exceeding 10 persons compared
with the permitted amount;
b) A fine of between VND 15,000,000 and 20,000,000
shall be imposed on act of transporting passenger exceeding from 11 to 20
persons compared with the permitted amount;
c) A fine of between VND 20,000,000 and 30,000,000
shall be imposed on act of transporting passenger exceeding 20 persons compared
with the permitted amount;
9. For acts of transporting passenger exceeding the
prescribed number of ship with a total capacity from 3,000 GT or more shall be
sanctioned as follows:
a) A fine of between VND 20,000,000 and 40,000,000
shall be imposed on act of transporting passenger exceeding 20 persons compared
with the permitted amount;
b) A fine of between VND 40,000,000 and 60,000,000
shall be imposed on act of transporting passenger exceeding from 21 - 30
persons compared with the permitted amount;
c) A fine of between VND 60,000,000 and 80,000,000
shall be imposed on act of transporting passenger exceeding 30 persons compared
with the permitted amount;
10. Additional sanction:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
11. Remedial measures:
Coercively removing the number of person or amount
of cargo transported exceeding the regulation for acts of violation specified
in Clause 4, 5, 6, 7, 8 and 9 of this Article.
Article 19. Violation of
regulation on anchorage, mooring, side landing, towing of vessels in seaport
water bodies
1. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on one of the act of violation as follows:
a) Anchoring, mooring, landing along side, changing
position or conducting similar activities in the seaport water bodies without
permission of Port Authority;
b) Failing to place adequate lighting, sign and
signal as prescribed when the ship loads and unloads cargo, anchors, moors,
lands along side and changes its position.
c) Having no anti-collision buffer as prescribed;
d) Failing to promptly notify the Port Authority
upon detection of discrepancy or damage of marine signals in seaport water
bodies and management area of the Port Authority.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mooring ships to the maritime signals or other
structures not being used for mooring as prescribed.
3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on failing to use tugboats or support boats as prescribed or
using tugboats or support boats improperly.
4. For acts of ships anchoring, loading and
unloading cargo, embarking and disembarking passengers or performing other
maritime services at places without permission of the competent authority shall
be punished as follows:
a) A fine of between VND
10,000,000 and 20,000,000 for ship with a total capacity of less than 500 GT;
b) A fine of between VND 20,000,000 and 40,000,000
for ship with a total capacity from 500 GT to less than 3000 GT;
c) A fine of between VND
40,000,000 and 60,000,000 for ship with a total capacity from 3000 GT or more;
5. Additional sanction:
Depriving the captain’s Certificate of professional
capacity from 01 to 03 months for acts of violation specified at Point a,
Clause 2, 3 and 4 of this Article.
6. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
SECTION 3. VIOLATION OF
REGULATION ON REGISTRATION, REGISTER OF SHIP AND CREW ALLOCATION, USE OF
PROFESSIONAL CERTIFICATES, SEAMAN BOOK AND SEAMAN PASSPORT
Article 20. Violation of
regulation on registration, register of ship
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Registering ship at improper time.
b) Being short of one of the certificates and
documents of ship or one of these certificates and documents is invalid for
use.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
a) Operating ship when the certificate of ship
registration has not been issued;
b) Failing to register the change in ship owner as
prescribed when the ship is purchased, sold or transferred its ownership;
c) Failing to remove the ship registration as
prescribed.
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a) Purchasing, selling, leasing and borrowing one
of the ship’s certificates;
b) Using one of the other ship’s certificates;
c) Intentionally giving false information or using
corrected or fake papers in the dossier to request the issuance of ship
certificate.
4. For acts of having no certificates of civil
liability insurance of the ship owner for ships carrying passengers, oil,
petroleum products or other hazardous cargo regulations as prescribed shall be
sanctioned as follows:
a) A fine of between VND 30,000,000 and 50,000,000
for ship carrying passengers less than 100 persons, ships carrying oil,
petroleum products or other hazardous cargo with a total capacity of less than
500 GT;
b) A fine of between VND 50,000,000 and 80,000,000
for ship carrying passengers from 100 to less than persons, ships carrying oil,
petroleum products or other hazardous cargo with a total capacity from 500 GT
to less than 500 GT;
c) A fine of between VND 80,000,000 and 100,000,000
for ship carrying passengers from 300 persons or more, ships carrying oil,
petroleum products or other hazardous cargo with a total capacity from 3000 GT
or more;
5. Additional sanction:
Confiscating exhibit of administrative violation
for acts of violation specified in Clause 3 of this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Coercively performing the ship deregistration as
prescribed for acts of violation specified at Point c, Clause 2 of this
Article.
Article 21. Violation of
regulation on crew allocation, issuance and use of certificate of practice, seaman
book and seaman Passport
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Allocating crew to work on the ship without
adequate certificate of practice and the number of seaman or with certificate
of practice but expired or allocating crew title inconsistent with their
certificates of practice;
b) Assigning tasks to the crew working on the boats
inconsistent with their titles in the seaman book without permission of the
competent authority.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on each act of purchasing, selling, leasing, borrowing,
lending of certificate of practice, seaman book and seaman Passports.
3. A fine of between VND 20,000,000 and 30,000,000
shall be imposed on one of the act of violation as follows:
a) Using Certificate of practice, seaman book and
seaman Passport that have been modified and erased to distort their contents.
b) Using the other person’s Certificate of
practice, seaman book and seaman Passport to work on board;
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4. Additional sanction:
a) Confiscating the certificate of practice, seaman
book and seaman Passport as prescribed at Point a, Clause 3 of this Article;
b) Depriving the Certificate of practice from 01 to
03 months for acts of violation specified in Clause 2 of this Article.
SECTION 4. VIOLATION OF
REGULATIONS ON MARITIME PILOTAGE
Article 22. Violation of
regulation on using ship maritime pilotage
1. A fine of between VND 500,000 and 1,000,000
shall be imposed on the act of failing to hang flag on the ship or use beacon
improperly upon requirement for pilot or when the pilot is on board.
2. A fine of between VND 4,000,000 and 6,000,000
shall be imposed on one of the act of violation as follows:
a) Failing to notify or accurately notify the
maritime pilot of the maneuvering characteristics and features of ship;
b) Having no pilot ladder or it is laid at an
inappropriate place or having no other safety assurance measures for the pilot
to go up and leave the ship;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. For the acts of controlling
ship to enter and leave and move without the use of maritime pilots as
prescribed shall be punished as follows:
a) A fine of between VND 10,000,000 and 20,000,000
shall be imposed on ships with gross tonnage of less than 1,000 GT;
b) A fine of between VND 20,000,000 and 30,000,000 shall be imposed on ships with gross tonnage from 1,000 GT
to less than 1,000 GT;
c) A fine of between VND 30,000,000 and 40,000,000
shall be imposed on ships with gross tonnage from 3,000 GT or more;
Article 23. Violation of
regulation on maneuvering and allocation of maritime pilot
1. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on one of the act of violation as follows:
a) Sending the daily ship pilotage plan slower than
the prescribed time or failing to notify the Port Authority of the sudden
change of ship pilotage plan
b) Allocating pilot not in line with the Plan
without giving prior notice to the Port Authority.
2. A fine of between VND 6,000,000 and 10,000,000 shall
be imposed on one of the act of violation as follows:
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b) Failing to provide full and timely pilotage
services in the compulsory maritime pilotage area or ship pilotage line
assigned without plausible reason;
3. A fine of between VND 20,000,000 and 40,000,000
shall be imposed on failing to arrange adequate vehicles to pick up pilot as
prescribed or use vehicles which do not guarantee safe conditions.
4. A fine of between VND 30,000,000 and 50,000,000
shall be imposed on failing to meet the minimum number of pilot as prescribed.
5. Additional sanction:
Suspending a part of ship pilotage activities of
the pilotage organization for a period of 03 to 12 months for acts of violation
specified in Clause 4 of this Article.
Article 24. Violation of
regulation while piloting of maritime pilot
1. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on one of the pilot’s act of violation as follows:
a) Failing to promptly notify the Port Authority
upon detection of accidents, incidents or changes in the maritime channel and
maritime signal during ship pilotage;
b) Failing to give notification and confirmation of
notice to the Port Authority of the time and location to go on board or
condition of ship pilotage as prescribed;
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d) Guiding ships to enter and leave port and move
not in line with the Port Authority’s ship maneuvering plan or not in line with
the ship assigned for pilotage without plausible reason;
dd) Intentionally leaving ship without the
captain’s consent;
e) Failing to use pilot costume as prescribed upon
pilotage.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) The maritime pilot instructors ship to anchor,
moor or move in the port water bodies without the maneuvering order or wrong
location specified by the Port Authority;
b) Refusing to pilot ship without plausible reasons
or failing to give timely notice to the Port Authority or the maritime pilot
organization of the pilotage refusal;
c) The pilot has made mistake resulting in less
serious maritime accident.
3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on pilot’s mistake resulting in serious maritime accidents.
4. A fine of between VND 20,000,000 and 30,000,000
shall be imposed on pilot’s mistake resulting in extremely serious maritime
accidents.
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a) Depriving the maritime pilot’s Certificate of
professional capacity from 03 to 06 months for acts of violation specified in
Clause 3 of this Article.
b) Depriving the maritime pilot’s Certificate of
professional capacity of maritime pilotage from 06 to 12 months for acts of
violation specified in Clause 4 of this Article.
SECTION 5. VIOLATION OF
REGULATION ON MARINE TRANSPORT BUSINESS AND MARITIME SERVICES
Article 25. Violation of
regulation on use of permit and marine transport business and multimodal
transport and maritime services.
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the act of violation as follows:
a) Doing business in multimodal transport without
or with improper permit issued by the competent authority as prescribed.
b) Doing business in marine transport services
which are not eligible as prescribed.
2. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed on one of the act of violation as follows:
a) Modifying or erasing to distort the contents on
the permit;
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3. Additional sanction:
Confiscating the permit used to perform
administrative violations specified at Point a, Clause 2 of this Article.
Article 26. Violation of
regulation on liability of ship owner, manager and operator for ships and crew.
1. A fine of between VND 30,000,000 and 60,000,000
shall be imposed on act of failing to arrange annual leave for the crew working
on ships as prescribed.
2. A fine of between VND 60,000,000 and 80,000,000
shall be imposed on one of the act of violation as follows:
a) Failing to provide basic necessities, food,
foodstuff for the crew working on board as prescribed;
b) Failing to provide funding to repatriate seaman
as prescribed.
3. A fine of between VND 80,000,000 and 100,000,000
for act of failing to provide adequate raw materials, fuel and materials to
maintain the operation while the ship is under operation.
4. Additional sanction:
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5. Remedial measures:
Coercively providing necessities, food and
foodstuff, raw materials, fuel, materials, funding to repatriate seaman and
arrange annual leave as prescribed for acts of violation specified in Clause 1,
2 and 3 of this Article.
SECTION 6. VIOLATION OF
REGULATION ON MARITIME SEARCH AND RESCUE, SALVAGE OF SUNKEN PROPERTY AND
MARITIME SIGNALS;
Article 27. Violation of
regulation on maritime search and rescue
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on giving false emergency signals.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on one of the act of violation as follows:
a) Failing to perform duties as prescribed on
maritime search and rescue;
b) Tardily complying with the maneuvering order of
command authority to search and rescue as prescribed.
3. For the act of failing to perform the
maneuvering order of the competent authority for search and rescue shall be
sanctioned as follows:
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b) A fine of between VND 20,000,000 and 40,000,000
for ships with a total capacity from 500 GT to less than
3,000 GT;
c) A fine of between VND 40,000,000 and 80,000,000
for ships with a total capacity from 3,000 GT or more;
4. Additional sanctions:
Depriving the captain’s Certificate of professional
capacity from 03 to 06 months for acts of violation specified at Point a,
Clause 2 of this Article.
Article 28. Violation of
regulation on salvage of sunken property at seaport
1. A fine of between VND 500,000 and 1,000,000
shall be imposed on failing to notice, report or notice, the report is not
correct according to the sunken property at seaports.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
a) Failing to install or install in a timely manner
the signal in line with position of sunken property.
b) Performing the salvage or ending the salvage of
sunken property exceeding the prescribed time;
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d) Failing to hand over or fully hand over the
sunken property salvaged randomly as prescribed;
dd) Failing to make payment of costs related to the
salvage of sunken property as prescribed.
3. A fine of between VND 20,000,000 and 50,000,000
shall be imposed on failing to salvage harmless sunken property as prescribed.
4. A fine of between VND 70,000,000 and 100,000,000
for failing to salvage dangerous sunken property.
5. Additional sanction:
Confiscating exhibit and means to perform acts of
administrative violation specified at Point c, Clause 2 of this Article.
6. Remedial measures:
Coercively reimbursing the cost of salvage of
sunken property as prescribed for acts of violation specified at Point dd,
Clause 2 and 4 of this Article.
Article 29. Violation of
regulation on maritime signal
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2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
a) Failing to place the maritime signal at proper
position.
b) Failing to place the maritime signal or place it
in a timely manner upon appearance of dangerous obstacles;
c) Failing to fix or restore the maritime signal
damaged or drift;
d) Relocating or damaging the maritime signal;
dd) Invalidating or changing the characteristics of
maritime signal;
e) Setting up maritime signal improperly;
g) Putting the maritime signal
into operation without announced maritime notice as prescribed.
3. A fine of between VND 20,000,000 and 40,000,000
shall be imposed on one of the act of violation as follows:
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b) Fixing and replacing the maritime signal not in
conformity with the approved design.
4. Remedial measures:
Coercively restoring the initial conditions which
have been changed due to acts of violation specified in Clause 1, Point d, dd,
Clause 2, Point a, Clause 3 of this Article;
SECTION 7. VIOLATION OF
REGULATION ON TRAINING AND COACHING SEAMAN
Article 30. Violation of
regulation on training and coaching seaman
1. A fine of between VND 5,000,000 and 15,000,000
shall be imposed on shortage of one of equipment for coaching and training as
prescribed or the equipment does not guarantee technical regulation.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on one of the act of violation as follows:
a) Lacking 01 instructor or the instructor does not
have certificate of practice as prescribed;
b) The number of learner in a class exceeds the
regulation up to 10%.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Lacking 01 instructor or the instructor does not
have certificate of practice as prescribed;
b) The number of learner in a class exceeds the
regulation up to 10%.
4. Remedial measures:
a) Coercively supplementing the missing equipment or
coercively repairing the equipment for acts of violation specified in Clause 1
of this Article.
b) Coercively supplementing the missing instructor
or trainer or updating and supplementing certificate of practice for acts of
violation specified at Point a, Clause 2 and Point a, Clause 3 of this Article;
c) Coercively rearranging the number of learner
exceeding the regulation for acts of violation specified at Point b, Clause 2
and Point b, Clause 3 of this Article.
SECTION 8. VIOLATION OF
REGULATION ON OIL SPILL RESPONSE ACTIVITIES, MANAGEMENT OF RECEIPT AND
TREATMENT OF OILY LIQUID FROM SHIPS AT SEAPORTS
Article 31. Violation of
regulation on oil spill response activities
1. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on acts of having no oil spill response plan; rescue plan for
oil pollution, chemical pollution; operation plan for transfer of oil between
ships at sea or plan for oil and hazardous chemical spill response as
prescribed.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 32. Violation of
regulation on management of receipt and treatment of oily liquid from ships at
seaports
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on act of failing to report the result of delivery, receipt
and treatment of oily liquid waste to the competent authority as prescribed.
2. A fine of between VND 5,000,000 and 8,000,000
shall be imposed on the ship’s entering in seaport without notification to the
area Port Authority of the volume of oily wastewater on the ship when docked.
3. A fine of between VND 8,000,000 and 10,000,000
for acts of receiving and treating oily liquid waste oil from ships without
plan for delivery and receipt of liquid waste approved by the area Port
Authority.
4. A fine of between VND 20,000,000 and 30,000,000
shall be imposed on acts of having no receiving facilities or oily liquid waste
treatment station at the seaport or having no list of organizations and individuals
providing the receipt and treatment services of oily liquid waste provided by
the area Port Authority as prescribed.
5. A fine of between VND 30,000,000 and
40,000,000 shall be imposed on transfer of oily liquid waste from ships to the
receiving facilities without the consent of the area Port Authority.
6. A fine of between VND 40,000,000 and 50,000,000
shall be imposed on the acts of performing the receipt and treatment of oily
liquid waste from the ships without being licensed for practice as prescribed;
Chapter 3.
ACTS OF ADMINISTRATIVE
VIOLATION, FORM OF SANCTION AND REMEDIAL MEASURES OF CONSEQUENCE IN THE FIELD
OF INLAND WATERWAY TRANSPORT
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Article 33. Violation of
regulation on protection of works of inland waterway transport infrastructure
1. A fine of between VND 50,000,000 and 100,000,000
shall be imposed on one of the act of violation as follows:
a) Dumping trash or straw down the inland waterway,
seaport water bodies and inland wharves;
b) Tying animal to the signal of inland waterway,
water-level marker, measurement mark or limit mark of channel protection
corridor.
2. A fine of between VND 100,000,000 and
200,000,000 shall be imposed on one of the act of violation as follows:
a) Planting trees, placing objects, pitching a tent
or erecting shop or other acts that limit the effect of signal of inland
waterway or limit the vision of vehicle controller;
b) Tying vehicles to the
signal of inland waterway, water-level marker, measurement mark or limit mark
of channel protection corridor.
3. A fine of between VND 200,000 and 500,000 shall
be imposed on acts of letting objects, bamboo and log float freely within the
channel.
4. A fine of between VND 500,000 and 1,000,000
shall be imposed on acts of letting mud, soil, sand, gravel or other waste fall
or drift down the inland waterway.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. A fine of between VND
3,000,000,000 and 5,000,000,000 shall be imposed on one of the act of violation
as follows:
a) Dismantling structures or taking soil and stone
of works of inland waterway transport infrastructure;
b) Pouring mud, soil, stone, sand, gravel or other
wastes into channels or within the channel protection corridor or seaport water
bodies, inland wharves improperly.
7. A fine of between VND 5,000,000,000 and
10,000,000,000 shall be imposed on one of the act of violation as follows:
a) Eroding traffic embankments and dams;
b) Letting the vehicles crash and collide with
works of inland waterway transport infrastructure or other works on inland
waterway affecting the safety of works or obstructing traffic;
c) Building houses, floating houses and works
within the channel protection corridor or other works of inland waterway
transport infrastructure improperly or inconsistent with the permit issued by
the competent authority
8. A fine of between VND 15,000,000,000 and 20,000,000,000
shall be imposed on one of the act of violation as follows:
a) Building houses, floating houses and works
within the channel protection corridor or other works of inland waterway
transport infrastructure improperly without permission of the competent
authority;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
9. A fine of between VND 25,000,000 and 30,000,000
shall be imposed on the acts of building works within the channel without
permission of the competent authority.
10. The sanction shall be imposed on acts of
violation of regulation on extraction of sand, gravel or other minerals as
follows:
a) A fine of VND 10,000,000 and 15,000,000 shall be
imposed on acts of extraction of sand, gravel or other minerals within channel
protection corridor improperly or inconsistent with the permit or written
approval of the competent authority;
b) A fine of VND 15,000,000 and 20,000,000 shall be
imposed on acts of extraction of sand, gravel or other minerals within channel
protection corridor without the permit or written approval of the competent
authority;
c) A fine of VND 25,000,000 and 30,000,000 shall be
imposed on acts of extraction of sand, gravel or other minerals within the channel
and other works protection of inland transport infrastructure improperly or
inconsistent with the permit or written approval of the competent authority;
d) A fine of VND 25,000,000 and 30,000,000 shall be
imposed on acts of extraction of sand, gravel or other minerals within the
channel and other works protection of inland transport infrastructure without
the permit or written approval of the competent authority;
11. A fine of between VND
45,000,000,000 and 50,000,000,000 shall be imposed on one of the act of
violation as follows:
a) Intentionally creating obstacles to obstruct or
disrupt the traffic safety on the channel;
b) Using explosives to affect the safety of the
works of inland transport infrastructure or other works on the inland waterway.
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a) Depriving the right to use the permit for
extraction of sand, gravel or other minerals from 03 to 06 months for acts of
violation specified in Clause 10 of this Article.
b) Confiscating vehicles and equipment used for direct
extraction of sand and gravel or other minerals for acts of violation specified
at Point c and d, Clause 10 of this Article.
13. Remedial measures:
a) Coercively removing trees, vehicles, animals, objects,
bamboo and log for acts of violation specified at Point b, Clause 1, 2 and 3;
coercively dismantling tents, shops, houses, floating houses and works for acts
of violation specified at Point a, Clause 8 and 9 and coercively dismantling
part of violation of houses, floating houses and works for acts of violation
specified at Point c, Clause 7 and Point b, Clause 8; coercively removing
obstacles for acts of violation specified at Point a, Clause 11 of this
Article.
b) Coercively restoring the initial condition which
has been changed for acts of violation specified at Point a, Clause 1, 3, 4, 5
and 6, Point a and b, Clause 7 and Point b, Clause 11 of this Article.
Article 34. Violation of
regulation on traffic safety assurance upon performance of works, extraction of
mineral, survey, exploration organization of rehearsal, practice, sports
competition, festivals and entertainment on inland waterway
1. A fine of between VND 300,000 and 500,000 shall
be imposed on acts of controlling constructional vehicles and equipment on
inland waterway without professional certificate or certificate of vehicle and
equipment control as prescribed.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on one of the following acts of violation upon works performance,
extraction of sand and gravel or other minerals, survey, exploration
organization of rehearsal, practice, sports competition, festivals and
entertainment on inland waterway.
a) Failing to notify the competent authority of the
inland waterway transport upon organization of rehearsal, practice, sports
competition, festivals and entertainment on inland waterway;
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c) Letting the constructional vehicles and
equipment obstruct traffic;
d) Failing to hand over or hand over in a timely
manner and adequate works documents related to the inland waterway transport to
the unit managing the inland waterway upon the completion of works
3. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on works performance, extraction of sand and gravel or other
minerals, exploration organization of rehearsal, practice, sports competition,
festivals and entertainment on inland waterway without plan for traffic safety
assurance or failure of implementation of plan for traffic safety assurance
approved by the competent authority.
4. A fine of between VND 10,000,000 and 15,000,000
shall be imposed on dredging inland waterway and dumping mud, soil, stones,
sand, gravel at improper place of the competent authority outside the channel.
5. A fine of between VND 15,000,000 and 20,000,000
shall be imposed on dredging inland waterway and dumping mud, soil, stones,
sand, gravel at improper place of the competent authority within the channel.
6. Remedial measures:
Coercively restoring the initial condition for act
of violation specified in Clause 4 and 5 of this Article.
Article 35. Violation of
regulation on management of inland waterway
1. A fine of between VND 1,000,000,000 and
2,000,000,000 shall be imposed on one of the act of violation as follows:
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b) Failing to set up record to track the obstacles
on the inland waterway affecting traffic safety.
2. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on one of the act of violation as follows:
a) Having no timely measures to ensure traffic
safety upon detection of obstacles on the channel;
b) Having no remedial measures when the works of
inland waterway transport are damaged;
3. Remedial measures:
Coercively repairing the damaged works for acts of
violation specified at Point a and b, Clause 2 of this Article.
Article 36. Violation of
regulation on order and safety assurance of inland waterway transport upon aquaculture and fishery
1. A fine of between VND 100,000 and 300,000 shall
be imposed on mobile fishery obstructing traffic.
2. A fine of between VND 300,000 and 500,000 shall
be imposed on acts of placing equipment and means of fishery and aquaculture
within the channel protection corridor obscuring the vision of vehicle’s
controller or placing equipment and means of fishery and aquaculture improperly
under the guidance of the management unit of inland waterway transport.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to remove equipment and means of fishery
and aquaculture after the termination of fishery and aquaculture within the
channel protection corridor;
b) Failing to remove and narrow equipment and means
of fishery and aquaculture under the notice of management unit of inland
waterway transport.
4. A fine of between VND 1,000,000 and 3,000,000
shall be imposed on acts of placing equipment and means of fishery and
aquaculture on the channel.
Article 37. Violation of
regulation on signal of inland waterway
1. A fine of between VND 500,000 and 1,000,000
shall be imposed on failing to install or install sufficiently or against the
rule or failing to maintain the signal as prescribed for cargo and passenger
terminal
2. A fine of between VND 1,000,000 and 2,000,000
shall be imposed on failing to install or install sufficiently or against the
rule or failing to maintain the signal of ferry landing, signal of cross-river
passenger terminal, signal of obstacle as trawl net as prescribed.
3. A fine of between VND 3,000,000 and 4,000,000
shall be imposed on failing to install or install sufficiently or against the
rule or failing to maintain the signal of inland port, position of obstacle,
constructional works on inland waterway, channel-crossing overhead works,
pontoon bridge and river-crossing underground works as prescribed.
4. A fine of between VND 5,000,000 and 7,000,000
shall be imposed on failing to maintain the signal on inland waterway under the
plan approved by the competent authority
Article 38. Violation of
regulation on removal of obstacles
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on acts of violation of incomplete salvage of sunken vehicles
or incomplete removal of other obstacles.
3. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on acts of violation of failing to salvage sunken vehicles or
remove of other obstacles.
Article 39. Violation of
regulation on environmental protection
1. A fine of between VND 7,000,000 and 10,000,000
shall be imposed on the owner of port, inland wharf, seaman and vehicle
controller having acts of pouring and disposing of waste in the inland
waterway, port water bodies, inland wharf or pouring and disposing improperly
causing environmental pollution.
2. A fine of between VND 7,000,000 and 10,000,000
shall be imposed on the owners of facilities, individuals performing work of
new building, renewal, repair and restoration of vehicles for disposing of
waste improperly resulting in environmental pollution.
3. Remedial measures:
Coercively taking remedial measures of
environmental pollution for act of violation specified in Clause 1 and 2 of
this Article.
SECTION 2. VIOLATION OF
REGULATION ON REGISTRATION AND REGISTER OF VEHICLES
Article 40. Violation of
regulation on operation condition of vehicles, registration and register of
vehicles
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Drawing and attaching registration number
improperly;
b) The registration number drawn and attached on
vehicles is blurred or obscured;
c) The plate showing the number of person permitted
for carrying is blurred or obscured;
d) Putting non-motorized vehicles with gross
tonnage under 01 ton or with loading under 05 persons or raft into operation
without ensuring the safe conditions as prescribed.
2. A fine of between VND 100,000 and VND 200,000
shall be imposed on the controller of non-motorized vehicles with gross tonnage
from 01 ton to 05 tons or with loading from 05 to 12 persons, motored vehicles
with capacity of main engine under 05HP or loading under 05 persons for one of
the acts of violation as follows:
a) Failing to bring certificate of vehicle
registration;
b) Failing to re-register the vehicles as
prescribed or failing to make declaration to erase the name of vehicles or
return the certificate of vehicle registration as prescribed;
c) Failing to draw and attach registration number
of the vehicles as prescribed;
d) Failing to draw or draw properly or opening and
obscuring the draft mark of the vehicles.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to bring certificate of vehicle
registration;
b) Failing to re-register the vehicles as
prescribed or failing to make declaration to erase the name of vehicles or return
the certificate of vehicle registration as prescribed;
c) Failing to draw and attach registration number
of the vehicles as prescribed;
d) Failing to draw or draw properly or opening and
obscuring the draft mark of the vehicles.
dd) Failing to bring certificate of technical
safety and environmental protection of vehicles.
e) Using the expired certificate of technical
safety and environmental protection of vehicles
4. Sanctioning administrative violation against one
of the acts of violation specified in Clause 3 of this Article or having no
seaman book as prescribed; failing to draw or properly draw the plate showing
the number of person permitted for carrying as prescribed as follows:
a) A fine of between VND 300,000 and VND 500,000
shall be imposed on non-motorized vehicles with gross tonnage from over
15 to 100 tons or loading from over 12 to 50 persons, motored vehicles
with total capacity of main engine from over 15HP and 100HP or loading from
over 05 to 12 persons;
b) A fine of between VND 500,000 and VND 700,000
shall be imposed on non-motorized vehicles with gross tonnage from over 100 to
500 tons or loading from over 50 to 100 persons, motored vehicles with total
capacity of main engine from over 100HP and 400HP or loading from over 50 to
100 persons;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Sanctioning administrative violation against
acts of using the vehicles without certificate of registration or certificate
of technical safety and environmental protection of vehicles.
a) A fine of between VND 300,000 and VND 500,000 shall
be imposed on non-motorized vehicles with gross tonnage from 01 to less than 05
tons or loading from 05 to 12 persons, motored vehicles with total capacity of
main engine of less than 5HP or loading of less than 05 persons;
b) A fine of between VND 500,000 and VND 700,000
shall be imposed on non-motorized vehicles with gross tonnage from 05 to less
than 15 tons or loading from over 12 to 50 persons, motored vehicles with total
capacity of main engine of from 05 to 15HP or loading from 05 to 12 persons;
c) A fine of between VND 700,000 and VND 1,000,000
shall be imposed on non-motorized vehicles with gross tonnage from over 15 to
100 tons or loading from over 50 to 100 persons, motored vehicles with total
capacity of main engine from over 15 to 100HP or loading from over 12 to 50
persons;
d) A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 100 to 500 tons or loading from over 100 persons, motored vehicles with
total capacity of main engine from over 100 to 400HP or loading from over 50 to
100 persons;
dd) A fine of between VND 2,000,000 and VND
3,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 500 tons; motored vehicles with total capacity of main engine from over
400 HP or loading from over 100 persons;
6. Sanctioning administrative violation against one
of the acts of making untrue declaration for registration and register
vehicles; borrowing, renting, lending and leasing equipment and instrument for
registration as follows:
a) A fine of between VND 500,000 and VND 1,000,000
shall be imposed on non-motorized vehicles with gross tonnage from 01 to less
than 05 tons or loading from 05 to 12 persons, motored vehicles with total
capacity of main engine of less than 100HP or loading of less than 05 persons;
b) A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed on non-motorized vehicles with gross tonnage from 05
to 15 tons or loading from over 12 to 50 persons, motored vehicles with total
capacity of main engine from 05 to 15HP or loading from over 05 to 12 persons;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 4,000,000 and VND
6,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 100 to 500 tons or loading from over 100 persons, motored vehicles with
total capacity of main engine from over 100 to 400HP or loading from over 50 to
100 persons;
dd) A fine of between VND 6,000,000 and VND
8,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 500 tons; motored vehicles with total capacity of main engine from over
400 HP or loading from over 100 persons;
7. Sanction shall be imposed on acts of using fake
certificate of vehicle registration, fake certificate of technical safety and
environmental protection, drawing and attaching fake registration number as
follows:
a) A fine of between VND1,000,000 and VND 2,000,000
shall be imposed on non-motorized vehicles with gross tonnage from 01 to 05
tons or loading from 05 to 12 persons, motored vehicles with total capacity of
main engine of less than 05 HP or loading of less than 5 persons;
b) A fine of between VND2,000,000 and VND 4,000,000
shall be imposed on non-motorized vehicles with gross tonnage from 05 to 15
tons or loading from over 12 to 30 persons, motored vehicles with total
capacity of main engine from 05 to 15 HP or loading from 5 to 12 persons;
c) A fine of between VND 4,000,000 and VND
6,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 15 to 100 tons or loading from over 30 to 100 persons, motored vehicles
with total capacity of main engine from over 15 to 100 HP or loading from 12 to
50 persons;
d) A fine of between VND 6,000,000 and VND
8,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 100 to 500 tons or loading of over 100 persons, motored vehicles with
total capacity of main engine from over 100 to 400 HP or loading from over 50
to 150 persons;
dd) A fine of between VND 8,000,000 and VND
10,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 500 tons; motored vehicles with total capacity of main engine from over
400 HP or loading from over 150 persons;
8. Sanctioning administrative violation against
dredging and pumping and vehicles on which the floating crane is placed with
one of acts of violation specified in Clause 2 and 5 of this Article as
follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of between VND 1,000,000 and 2,000,000
shall be imposed on the dredging or pumping vehicles which may extract over 15 to 100 m3/h, the vehicles on
which the floating crane is placed with lifting capacity from over 15 to 150
tons;
c) A fine of between VND 2,000,000 and 3,000,000
shall be imposed on the dredging or pumping vehicles which may extract of over 100 m3/h, the vehicles on which
the floating crane is placed with lifting capacity from over 150 tons;
9. Remedial measures:
Coercively destroying fake certificate of vehicle
registration, fake certificate of technical safety and environmental
protection, fake plate of number registration, erasing fake registration number
on the vehicles for acts of violation specified in Clause 7 of this Article.
Article 41. Violation of
regulation on equipment and instrument of vehicles
1. A caution or fine of between VND 50,000 and VND
100,000 shall be imposed on the acts of putting non-motorized vehicles with
gross tonnage of less than 05 tons or loading of up to 12 persons, motored
vehicles with total capacity of main engine of less than 05HP or loading of
less than 5 persons into operation without being equipped or sufficiently
equipped with safety instrument as prescribed;
2. Sanctioning administrative violation against one
of the acts of failing to be equipped with sufficient amount, proper type and
quality or arrangement of one of equipment or instrument of lifesaving,
salvage, fire prevention and fighting, anchorage and linking of vehicles as
follows
a) A fine of between VND 100,000 and VND 200,000
shall be imposed on non-motorized vehicles with gross tonnage from 05 to 15
tons or loading from over 12 to 50 persons, motored vehicles with total
capacity of main engine from 05 to 15HP or loading from 05 to 12 persons;
b) A fine of between VND 200,000 and VND 300,000
shall be imposed on non-motorized vehicles with gross tonnage from over 15 to
100 tons or loading from over 50 to 100 persons, motored vehicles with total
capacity of main engine from 15 to 100HP or loading from over 12 to 50 persons;
towing boat team with gross tonnage up to 400 tons;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 500,000 and VND 1,000,000
shall be imposed on non-motorized vehicles with gross tonnage of over 500 tons,
motored vehicles with total capacity of main engine of over 400HP or loading of
over 100 persons; towing boat team with gross tonnage of over 1,000 tons;
3. Sanctioning the acts of failing to be equipped
with one of equipment or instrument of lifesaving, salvage, fire prevention and
fighting, anchorage and linking of vehicles as follows
a) A fine of between VND 200,000 and VND 300,000
shall be imposed on non-motorized vehicles with gross tonnage from 05 to 15
tons or loading from over 12 to 50 persons, motored vehicles with total
capacity of main engine from 05 to 15HP or loading of over 12 persons;
b) A fine of between VND 300,000 and VND 500,000
shall be imposed on non-motorized vehicles with gross tonnage from over 15 to
100 tons or loading from over 50 to 100 persons, motored vehicles with total
capacity of main engine from over 15 to 100HP or loading from over 12 to 50
persons; towing boat team with gross tonnage of over 400 tons;
c) A fine of between VND 500,000 and VND 1,000,000
shall be imposed on non-motorized vehicles with gross tonnage from over 100 to
500 tons or loading of over 100 persons, motored vehicles with total capacity
of main engine from over 100 to 400HP or loading from over 50 to 100 persons;
towing boat team with gross tonnage from over 400 to 1,000 tons;
d) A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed on non-motorized vehicles with gross tonnage of over
500 tons, motored vehicles with total capacity of main engine of over 400HP or
loading of over 100 persons; towing boat team with gross tonnage of over 1,000
tons;
4. A fine of between VND 8,000,000
and 10,000,000 shall be imposed on high-speed boat operating without itinerary
monitoring equipment or without operating as prescribed.
Article 42. Violation of
regulation on purpose and operational area of vehicles
Sanctioning administrative violation against acts
of putting the vehicles into operation and use improperly or improper
operational area of the vehicles as prescribed as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND
500,000 and VND 1,000,000 shall be imposed on non-motorized vehicles with gross
tonnage from 05 to 15 tons or loading from over 12 to 50 persons; motored
vehicles with total capacity of main engine from 05 to 15HP or loading from 05
to 12 persons;
3. A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 15 to 100 tons or loading from over 50 to 100 persons; motored vehicles
with total capacity of main engine from over 15 to 100HP or loading from 12 to
50 persons;
4. A fine of between VND 2,000,000 and VND
3,000,000 shall be imposed on non-motorized vehicles with gross tonnage from
over 100 to 500 tons or loading over 100 persons; motored vehicles with total
capacity of main engine from over 100 to 400HP or loading from over 05 to 100
persons;
5. A fine of between VND 3,000,000 and VND
4,000,000 shall be imposed on non-motorized vehicles with gross tonnage of over
500 tons; motored vehicles with total capacity of main engine of over 400HP or
loading of over 100 persons;
Article 43. Violation of
regulation on design, new building, renewal, repair and restoration of vehicles
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on organizations and individuals that performing work of
design, new building, renewal, repair and restoration of vehicles and are not
eligible as prescribed.
2. A fine of between VND 5,000,000 and 7,000,000
shall be imposed on the owner of owners of facilities, individuals performing
work of new building, renewal, repair and restoration of vehicles with one of
acts of violation as follows:
a) Newly building, renewing, repairing and
restoring the vehicles inconsistent with design dossier approved by register
agency;
b) Failing to apply or fully apply measure to
prevent and combat fire as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The owner of facilities performing newly
building, renewal, repair and restoration subject to the register without
design dossier approved by the register agency.
b) The vehicles’ owners or seaman arbitrarily
convert or change the features, structures and utility of vehicles.
SECTION 3. VIOLATION OF
REGULATION ON CONDITIONS FOR SEAMAN AND CONTROLLER OF VEHICLES
Article 44. Violation of
regulation on professional certificate of seaman and controller of vehicles
1. Sanctioning administrative violation against
seaman and controller of vehicles with acts of violation as follows:
a) A fine of between VND 200,000 and 300,000 shall
be imposed on acts of having no and bring certificate of basic safety training
or failing to bring the technical certificate;
b) A fine of between VND 300,000 and 500,000 shall
be imposed on acts of having no technical certificate as prescribed or failing
to bring special professional certificate;
c) A fine of between VND 300,000 and 500,000 shall
be imposed on acts of having no special professional certificate as prescribed.
2. Sanctioning administrative violation against
seaman working on the vehicles without certificate and bringing of certificate
or with certificate but inconsistent with the type of vehicle as prescribed as
follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of between VND 1,000,000 and 2,000,000
shall be imposed on captain, mate, chief engineer and deputy chief engineer
having master’s certificate and chief engineer’s certificate inconsistent with
the type of vehicle as prescribed;
c) A fine of between VND 2,000,000 and 3,000,000
shall be imposed on captain, mate, chief engineer and deputy chief engineer who
do not have certificates but they must have certificate of third-grade captain,
restricted certificate of third-grade captain, certificate of third-grade chief
engineer as prescribed;
d) A fine of between VND 3,000,000 and 4,000,000
shall be imposed on captain, mate, chief engineer and deputy chief engineer who
do not have certificates but they must have certificate of second-grade captain
and certificate of second-grade chief engineer as prescribed;
dd) A fine of between VND 4,000,000 and 5,000,000
shall be imposed on the captain, mate, chief engineer and deputy chief engineer
who do not have certificates but they must have certificate of first -grade
captain and certificate of first -grade chief engineer as prescribed;
3. A fine of VND 2,000,000 and 3,000,000 shall be
imposed on one of the act of violation as follows:
a) Arranging title of captain, mate, chief engineer
and deputy chief engineer without master’s certificate and chief engineer’s
certificate or with master’s certificate and chief engineer’s certificate but
inconsistent with the type of vehicle as prescribed;
b) Arranging person without master’s certificate or
certificate of vehicle driving to control the vehicle or with master’s
certificate or certificate of vehicle driving but inconsistent with the type of
vehicle as prescribed;
4. Sanctioning administrative violation against
acts of leasing, lending, renting or borrowing professional certificate;
erasing and modifying professional certificate as follows:
a) A fine of between VND 500,000 and
1,000,000 shall be imposed on technical certificate;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 2,000,000 and
3,000,000 shall be imposed on master’s certificate and chief engineering
certificate.
5. Sanctioning administrative violation against
acts of untrue declaration to be issued with and changed in professional
certificate as follows:
a) A fine of between VND 1,000,000
and 2,000,000 shall be imposed on professional certificate;
b) A fine of between VND 2,000,000
and 3,000,000 shall be imposed on special professional certificate;
c) A fine of between VND 3,000,000
and 5,000,000 shall be imposed on master’s certificate and chief engineering’s
certificate.
6. Sanctioning administrative violation against
acts of using fake professional certificate of seaman and inland waterway
vehicle controller as follows:
a) A fine of between VND 3,000,000
and 4,000,000 shall be imposed on acts of using fake professional
certificate and special professional certificate;
b) A fine of between VND 6,000,000 and
8,000,000 shall be imposed on acts of using fake third-grade master’s
certificate, restricted third-grade master’s certificate and third-grade chief
engineering’s certificate
c) A fine of between VND 8,000,000 and
10,000,000 shall be imposed on acts of using fake second-grade master’s
certificate, and second-grade chief engineering’s certificate
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. A fine of between VND 20,000,000
and 30,000,000 shall be imposed on acts of faking master’s certificate, chief
engineering’s certificate, professional certificate of seaman and inland
waterway vehicle controller
8. Additional sanction:
a) Depriving the right to use professional
certificate from 01 to 03 months for acts of violation specified in Clause 4 of
this Article;
b) Confiscating exhibit and equipment used for
administrative sanction against acts of violation specified in Clause 7 of this
Article;
9. Remedial measures:
Coercively destroying fake professional certificate
for acts of violation specified in Clause 6 and 7 of this Article.
Article 45. Violation of
regulation on seaman and vehicle controller
1. A fine of between VND 100,000 and
200,000 shall be imposed on acts of having alcohol content exceeding 50
milligram/ 100 milliliter of blood or 0.25 miligam/01 liter of breathing air
while working on the vehicles or using other stimulants prohibited by law.
2. A fine of between VND 200,000 and
500,000 shall be imposed on one of the acts of violation as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Arranging seaman and vehicle controller to work
in the condition the seaman and vehicle controller have alcohol
content exceeding 50 milligram/ 100 milliliter of blood or 0.25 miligam/01
liter of breathing air while working on the vehicles or using other stimulants
prohibited by law.
c) Failing to arrange seaman to watch the vehicle
when it is anchored or failing to arrange person to watch when the vehicle
travels in the limited vision condition;
d) Seaman arranged to watch the vehicle when it is
anchored is not present on the vehicle or does not watch the vehicle as
prescribed;
dd) Arranging and employing unqualified seaman to
work on the vehicle as prescribed.
3. A fine of between VND 500,000 and 1,000,000
shall be imposed on one of the acts of violation as follows:
a) Arranging person who is healthy, old or too old
as prescribed to take the title as captain, mate, chief engineer and deputy
chief engineer;
b) The captain and mate are not present on the
vehicle in their working shift when the vehicle is traveling;
c) The captain does not directly control the
vehicle when it passes bridges, dry locks, enters and leaves port and inland
wharf and in prescribed cases where the captain must directly control the
vehicle;
d) The seaman who is not captain but controls the
vehicle to pass bridges, dry locks, enters and leaves port and inland wharf and
in prescribed cases where the captain must directly control the vehicle;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of VND 200.000 and 500.000 shall be imposed on professional certificate;
b) A fine of 500,000 and 1,000,000 shall be imposed
on the third-grade master’s certificate, the restricted third-grade master’s
certificate and the third-grade chief engineer’s certificate;
c) A fine of 1,000,000 and 2,000,000 shall be
imposed on the second-grade master’s certificate, the second-grade chief
engineer’s certificate;
d) A fine of 2,000,000 and 3,000,000 shall be
imposed on the first-grade master’s certificate and the first-grade chief
engineer’s certificate;
5. Additional sanction:
Depriving the right to use the master’s certificate
from 01 to 02 months for acts of violation specified at Point b, c, Clause 3 of
this Article;
Article 46. Violation of
regulation on training facilities of seaman and vehicle controller
1. A fine of between VND 5,000,000 and 7,000,000
shall be imposed on training facilities of seaman and vehicle controller that
have one of the following acts of violation:
a) Failing to comply with regulations on
enrollment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND 7,000,000 and 10,000,000
shall be imposed on the training facilities of seaman and vehicle controller
who have one of the following acts of violation:
a) Failing to ensure the standard of classroom,
workshop and practice area as prescribed;
b) The teaching materials do not ensure the
contents and programs as prescribed;
c) The persons teaching and guiding the practice do
not satisfy the eligibility and standard as prescribed;
d) Failing to comply with regulation on examination
and testing for learners.
3. A fine of between VND 10,000,000 and 15,000,000
shall be imposed on the acts of organizing the seaman and vehicle controller
training when not having been issued with the certificate by the competent
authority.
4. Additional sanction:
Depriving the right to use the operating permit
from 01 to 03 months for the training facility having one of the acts of
violation specified in Clause 2 of this Article.
Article 47. Violation of
regulation on responsibility upon occurrence of inland waterway accident
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2. A fine of between VND 100,000 and VND 200,000
shall be imposed on acts of failing to be present at the time of the convening
by the competent state authority.
3. A fine of between VND 500,000 and 1,000,000
shall be imposed for one of the acts of violation as follows:
a) Failing to protect or altering traces and
exhibits relating to the accident;
b) Failing to provide or sufficient provide
documents and exhibits relating to the accident;
4. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for one of the acts of violation as follows:
a) Evading the duties of search and rescue when
conditions permit;
b) Causing the disorder and obstructing the search
and rescue or accident settlement;
c) Taking advantage of the accident to infringe or
appropriate property and vehicle in distress.
5. A fine of between VND 5,000,000 and 7,000,000
shall be imposed on acts of causing accident but fleeing.
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Depriving the right to use professional certificate
from 03 to 06 months for acts of violation specified in Clause 5 of this
Article.
Article 48. Violation of
regulation on inspection and control
1. A fine of between VND 500,000 and 1,000,000
shall be imposed for one of the acts of violation as follows:
a) Failing to stop the vehicle when receiving sign
of inspection or control of the competent person;
b) Presenting incomplete papers of the vehicle,
cargo and seaman or the vehicle controller upon the inspection requirement of
the competent person;
c) Failing to comply with the competent person’s
requirement for inspection and control of safety equipment and instrument of
the vehicle.
2. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for one of the acts of violation as follows:
a) Intentionally failing to stop the vehicle for
inspection and control by the order of the competent person;
b) Failing to present or intentionally delaying or
prolonging the presentation of papers of the vehicle, cargo and seaman or
vehicle controller upon the inspection requirement of the competent person;
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d) Failing to comply or intentionally delay and
prolong the time to comply with the competent person’s order to take the
vehicle to the place of violation handling;
dd) Having acts of bribing the official-duty
performer to evade the sanction of administrative violation.
3. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for acts of opposing the inspection and control of the
competent person.
4. Additional sanction:
Confiscating money, property or other material
benefit for acts of violation specified at Point dd, Clause 2 of this Article.
SECTION 4. VIOLATION OF TRAFFIC
RULE AND VEHICLE SIGN
Article 49. Violation of
traffic rule
1. A caution or a fine of between VND 100,000 and
200,000 shall be imposed on the controllers of non-motorized vehicle with gross
tonnage of less than 05 tons or loading up to 12 persons; motorized vehicle
with capacity of main engine under 05HP or loading under 05 persons for one of
the acts of violation as follows:
a) Sticking and tying to the vehicles carrying
people and dangerous cargo when traveling.
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c) Failing to comply with instruction of inland
waterway signs;
d) Failing to reduce the speed of vehicle as
prescribed;
dd) Failing to comply with regulation when passing
bridges, dry locks or traffic controller;
e) Failing to give the vehicle signal as prescribed
upon entering and leaving port or inland waterway wharf, traveling in the
limited vision condition or place where the channels are intersected, curved or
bent;
g) Anchoring the vehicles at prohibited anchoring
place, failing to comply with regulations on vehicle anchoring or anchoring
vehicles with traffic obstruction;
h) Failing to give signs as prescribed before
leaving port and inland wharf or vehicle anchoring location;
i) Anchoring the vehicle to load and unload cargo,
embark and disembark passengers at location which is not the water bodies of
port and inland waterway wharf.
2. Sanctioning administrative violation for one of
the acts of violation specified in Clause 1 of this Article applies for each
type of vehicle as follows:
a) A fine of between VND 200,000 and 400,000 shall
be imposed on the non-motorized vehicles with gross tonnage from 05 to 15 tons
or loading of over 12 to 50 persons; motorized vehicles with total capacity of
main engine from 05 to 15HP or loading from 05 to 12 persons;
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c) A fine of between VND 300,000 and 500,000 shall
be imposed on the non-motorized vehicles with gross tonnage from 100 to 500
tons or loading of over 100 persons; motorized vehicles with total capacity of
main engine from over 100 to 400HP or loading from over 50 to 100 persons;
d) A fine of between VND 500,000 and 1,000,000
shall be imposed on the non-motorized vehicles with gross tonnage of over 500
tons; motorized vehicles with total capacity of main engine of over 400HP or
loading of over 100 persons;
3. A fine of between VND 100,000 and 200,000 shall
be imposed on the acts of controlling non-motorized vehicles with gross tonnage
of less than 05 tons or loading up to 12 persons; motorized vehicles with total
capacity of main engine of less than 05HP or loading of less than 05 persons
with one of the acts of violation as follows;
a) Failing to give signal or giving signal
improperly when avoiding or passing each other;
b) Exceeding other vehicles when those vehicles
have not given signals to permit the passing.
c) Abusing the right of giving way and priority
right to cause danger or obstacle for other vehicles;
d) Failing to avoid and give way to other vehicles
as prescribed;
dd) Sticking and tying to other means or allowing
other means to stick and tie to their vehicles upon traveling to load and
unload cargo.
4. Sanctioning administrative violation for one of
the acts of violation specified in Clause 3 of this Article applies for each
type of vehicle as follows:
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b) A fine of between VND 300,000 and 500,000 shall
be imposed on the non-motorized vehicles with gross tonnage from over 15 to 100
tons or loading from over 50 to 100 persons; motorized vehicles with total
capacity of main engine from over 15 to 100HP or loading from over 12 to 50
persons;
c) A fine of between VND 500,000 and 1,000,000
shall be imposed on the non-motorized vehicles with gross tonnage from over 100
to 500 tons or loading of over 100 persons; motorized vehicles with total
capacity of main engine from over 100 to 400HP or loading from over 50 to 100
persons;
d) A fine of between VND 1,000,000 and 2,000,000
shall be imposed on the non-motorized vehicles with gross tonnage of over 500
tons; motorized vehicles with total capacity of main engine of over 400HP or
loading of over 100 persons;
5. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for one of the acts of violation as follows:
a) Controlling the vehicle in a zigzag fashion unsafely;
b) Controlling the vehicle to move with huge wave
damaging the traffic works;
c) Controlling the vehicle to move with high speed
to cause unsafety to other vehicles.
6. A fine of between VND 7,000,000 and 10,000,000
shall be imposed on captain controlling the vehicle without compliance with the
sign announcing the limit of height, depth, width, thus causing traffic
accident, traffic jams or damage to the buildings on the inland waterway.
7. A fine of between VND 10,000,000 and 15,000,000
shall be imposed on the captain of towing boat team for failing to comply with
the sign to announcing the limit of towing, thus causing traffic accident,
traffic jams or damage to the buildings on the inland waterway.
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9. A fine of between VND 35,000,000 and 40,000,000
shall be imposed on the acts of racing the vehicles without permission of the
competent authority.
10. Additional sanction:
a) Depriving the right to use the master’s
certificate, the professional certificate of seaman and vehicle controller from
01 to 02 for acts of violation specified in Clause 5 of this Article; depriving
the right to use the master’s certificate from 02 to 03 months for acts of
violation specified in Clause 6, 7 of this Article; depriving the right to use
the professional certificate of seaman and vehicle controller from 03 to 04
months for acts of violation specified in Clause 8 of this Article.
b) Confiscating the vehicle for acts of violation
specified in Clause 8 and 9 of this Article except that the vehicle is owned by
someone else.
11. Remedial measures:
Coercively restoring the initial condition for the
works damaged by acts of violation specified in Clause 6 and 7 of this Article.
Article 50. Violation of
regulation on sign of vehicle
1. Sanctioning administrative violation for acts of
using sign on the vehicle without the prescribed technical standard assurance
as follows:
a) A caution or a fine of between VND 50,000 and
100,000 shall be imposed on the non-motorized vehicle with gross tonnage of
less than 50 tons; motorized vehicle with capacity of main engine of less than
05HP or raft;
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c) A fine of between VND 200,000 and 300,000 shall
be imposed on motored vehicles with total capacity of the main engine of 50HP
or more, the vehicles with high speed of over 30 km / h, the motored vehicles
carrying passengers, the vehicles carrying pilot, the vehicles performing
duties on channel, fishing boat, the vehicles carrying dangerous cargo, the
vehicles carrying people and diseased animals, the towing boat team or the
vehicles are stranded on channel.
2. Sanctioning administrative violation for acts of
failing to arrange or arrange with proper sign of the vehicle prescribed as
follows:
a) A fine of between VND 100,000 and 300,000 shall
be imposed on non-motored vehicles with the gross tonnage of less than 50 tons;
the motored vehicles with capacity of main engine of less than 05HP or raft;
b) A fine of between VND 300,000 and 500,000 shall
be imposed on non-motored vehicles with the gross tonnage of 50 tons or more; the
motored vehicles with total capacity of main engine from 05 to less than 50HP
except for vehicles specified at Point C, Clause 2 of this Article.
c) A fine of between VND 500,000 and 700,000 shall
be imposed on motored vehicles with total capacity of main engine from 50HP or
more, the motored vehicles carrying passengers, fishing boats, vehicles with
high speed of over 30 km / h, the motored vehicles carrying passengers, the
vehicles carrying pilot, the vehicles performing duties on channel, fishing boat,
the vehicles carrying dangerous cargo, the vehicles carrying people and
diseased animals, the towing boat team or the vehicles are stranded on channel.
SECTION 5. VIOLATION OF
REGULATION ON OPERATION OF PORT AND INLAND WHARF AND INLAND WATERWAY TRANSPORT
Article 51. Violation of
regulation on operation of port and inland wharf
1. A fine of 500,000 to 1,000,000 shall be imposed
on the owner of port, inland wharf with one of the acts of violation as
follows:
a) Having no table of rule for port and inland wharf
as prescribed; having no fare table at the port and passenger terminal as
prescribed;
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c) Arranging the controller of loaded
or unloaded equipment without professional certificate as prescribed.
2. A fine of between VND 1,000,000 and 2,000,000
shall be imposed on the owner of inland wharf with one of the acts as follows:
a) Operating the inland wharf beyond the scope of
water body or permitted time limit; improperly operating; arbitrarily changing
structure and size of inland wharf compared with regulation in the operating
permit;
b) Failing to be equipped or fully equipped with
fire prevention and fighting equipment as prescribed;
c) Using equipment of cargo loading and unloading
without registration and technical safety standard assurance as prescribed;
d) Carrying passengers on the vehicle exceeding its
loading capacity or loading cargo on the vehicle beyond its safe draft mark;
dd) Loading and unloading cargo or embarking and
disembarking passengers when the vehicle is not allowed to enter the place of
loading and unloading, embankment and dismemberment of passengers;
e) Receiving the vehicle with its net draft mark or
bigger size compared with regulation in the permit of the competent authority.
3. A fine of between VND 2,000,000
and 3,000,000 shall be imposed for acts of putting the inland wharf into
operation without permit of inland wharf operation of the competent
authority.
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a) Operating inland wharf improperly, beyond the
scope of water body or exceeding the permitted time limit compared with the
announced decision, change of port structure, size and function without consent
of the competent authority
b) Failing to be equipped or fully equipped with
fire prevention and fighting equipment as prescribed;
c) Using the loading and unloading equipment which
does not meet technical safety standard as prescribed;
d) Carrying passengers on the vehicle exceeding its
loading capacity or loading cargo on the vehicle beyond its safe draft mark;
dd) Loading and unloading cargo or embarking and
disembarking passengers when the vehicle is not allowed to enter the place of
loading and unloading, embankment and dismemberment of passengers;
e) Receiving the vehicle with its net draft mark or
bigger size compared with regulation in the permit of the competent authority.
5. A fine of between VND 5,000,000
and 6,000,000 shall be imposed for acts of putting the port into operation
without announcement of the competent authority.
6. Remedial measures:
Coercively reducing the number of passenger
exceeding the loading capacity, the amount of cargo exceeding the safe draft
mark of the vehicle as prescribed for acts of violation specified at Point d,
Clause 2 and Point d, Clause 4 of this Article.
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1. A caution or a fine of between VND 200,000 and
300,000 shall be imposed on seaman or controller of non-motored vehicle with
gross tonnage up to 15 tons or loading up to 30 persons; motored vehicle with
total capacity of main engine up to 15HP or loading to 12 persons with one of
the acts of violation as follows:
a) Violating rules of port and inland wharf or
bringing about disorder at port and inland wharf;
b) Controlling the vehicle out of or into the port
and inland wharf without permit of port and inland wharf leaving or entry as
prescribed;
c) Failing to perform the command of the
person having competence to mobilize vehicle to rescue people and vehicle in
distress;
d) Arbitrarily moving or anchoring the vehicle at
improper place within port water body or inland wharf.
2. Sanctioning administrative violation for one of
the acts of violation specified in Clause 1 of this Article for each type of
vehicle as follows:
a) A fine of between VND 500,000 and 1,000,000
shall be imposed on non-motored vehicles with the gross tonnage from over 15 to
100 tons or loading from over 30 to 100 persons; motored vehicles with total
capacity of main engine from over 15 to 100HP or loading from over 12 to 50
persons;
b) A fine of between VND 1,000,000 and 2,000,000
shall be imposed on non-motored vehicles with the gross tonnage from over 100
to 500 tons or loading of over 100 persons; motored vehicles with total
capacity of main engine from over 100 to 400HP or loading from over 50 to 100
persons or towing boat team with gross tonnage up to 1,000 tons;
c) A fine of between VND 2,000,000 and 3,000,000 shall
be imposed on non-motored vehicles with the gross tonnage of over 500 tons;
motored vehicles with total capacity of main engine of over 400HP or loading of
over 100 persons or towing boat team with gross tonnage of over 1,000 tons;
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Article 53. Violation of
regulation on load and unloading cargo on the vehicle
1. A caution or a fine of between VND 50,000 and
100,000 shall be imposed on one of the following acts of violation for
non-motored vehicle with gross tonnage up to 15 tons; motored vehicle with
total capacity of main engine up to 15HP:
a) Loading and unloading cargo resulting in skewing
the vehicle;
b) Loading cargo to obscure the vehicle
controller’s vision or obstruct the operation of the steering and anchoring
system and other safety equipment;
c) Arranging cargo exceeding the horizontal and
vertical size of the vehicle;
d) Arranging cargo on vehicle hatch improperly.
2. Sanctioning administrative violation for one of
the acts of violation specified in Clause 1 of this Article applies for each
type of vehicle as follows:
a) A caution or a fine of between VND 100,000 and
200,000 shall be imposed on non-motored vehicle with gross tonnage from over 15
to 100 tons; motored vehicle with total capacity of main engine from over 15 to
100HP;
b) A fine of between VND 200,000 and 300,000 shall
be imposed on non-motored vehicle with gross tonnage of over 100 tons; motored
vehicle with total capacity of main engine from over 100 to 400HP, the towing
boat team with gross tonnage up to 400 tons;
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d) A fine of between VND 300,000 and 500,000 shall
be imposed on the towing boat team with gross tonnage of over 1,000 tons;
3. Remedial measures:
Coercively stowing cargo properly for acts of
violation specified in Clause 1 of this Article;
Article 54. Violation of
regulation on transport of people and passenger
1. A caution or a fine of between VND 50,000 and
100,000 shall be imposed on the user of non-motored vehicle with loading up to
12 persons to transport people and passengers with one of the acts of violation
as follows:
a) Failing to arrange seat for people and
passengers; letting people and passengers stand on the vehicle or have other
acts that lose the vehicle’s safety; letting people and passengers sit on the
roof or both sides of the vehicle;
b) Arranging people, passengers, cargo, luggage,
bicycles, motorcycles and other vehicles resulting in skewing the vehicle or
obscuring the vision of the vehicle controller.
c) Having no safety rule or failing to disseminate
safety rule and instruct the way to use the safety equipment for people and
passengers on the vehicle;
d) Carrying small animals without cage or kennel or
carrying large animals together with people and passengers on the vehicle;
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2. A fine of between VND 100,000 and VND 200,000
shall be imposed on the user of non-motored vehicle with loading of over 12
people; motored vehicle with loading up to 12 persons to transport people and
passengers with one of the acts as follows:
a) Embarking and disembarking passengers at
improper place;
b) Failing to arrange seat for people and
passengers; letting people and passengers stand on the vehicle or have other
acts that lose the vehicle’s safety;
c) Having no safety rule or failing to disseminate
safety rule and instruct the way to use the safety equipment for people and
passengers on the vehicle;
d) Letting people and passengers sit on the roof or
both sides of the vehicle;
dd) Having no list of passengers per trip or having
improper list of passenger except for cross-river passenger transport vehicle;
c) Arranging cargo and luggage on the aisle of
passengers;
g) Carrying small animals without cage or kennel or
carrying large animals together with people and passengers on the vehicle;
h) Having no compulsory insurance for civil
liability as prescribed.
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a) A fine of between VND 200,000 and 300,000 shall
be imposed on the vehicle with loading capacity from over 12 to 50 persons;
b) A fine of between VND 300,000 and 500,000 shall
be imposed on the vehicle with loading capacity from over 50 to 100 persons;
c) A fine of between VND 500,000 and 1,000,000
shall be imposed on the vehicle with loading capacity of over 100 persons;
4. Sanctioning administrative violation for the
user of high-speed vehicle to transport passengers with one of the acts of
violation specified in Clause 2 of this Article or travel on wrong route,
except for transporting passenger under contract; aborting registered trip;
transferring passengers to other vehicles without passengers’ consent as
follows:
a) A fine of between VND 300,000 and VND 500,000
shall be imposed on the high-speed vehicle designed from 30 km / h or more with
loading of less than 05 people;
b) A fine of between VND 500,000 and VND 700,000
shall be imposed on the high-speed vehicle designed from 30 km / h or more with
loading from 05 to 12 people;
c) A fine of between VND 700,000 and VND 1,000,000
shall be imposed on the high-speed vehicle designed from 30 km / h or more with
loading from 12 to 50 people;
d) A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed on the high-speed vehicle designed from 30 km / h or
more with loading from over 50 people;
5. A fine of between VND 1,000,000 and 2,000,000
shall be imposed on hazardous, flammable, explosive cargo, large animals with
passengers.
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a) A fine of VND 50,000 shall be imposed on each
person exceeding the number of people permitted for carrying, if carrying
exceeding from 5% to 20% of the number of people permitted for carrying;
b) A fine of VND 70,000 shall be imposed on each
person exceeding the number of people permitted for carrying, if carrying
exceeding from 20% to 50% of the number of people permitted for carrying;
c) A fine of VND 100,000 shall be imposed on each
person exceeding the number of people permitted for carrying, if carrying
exceeding 50% of the number of people permitted for carrying;
7. A fine equal from 03 to 05 times of the fare per
passenger exceeding the number of people permitted for carrying for means of
transport along fixed routes and for tourists.
8. In case the vehicle is permitted to carry people
and cargo, if carrying people exceeding it loading capacity, it shall be
sanctioned as prescribed in Clause 6, 7 of this Article; if carrying cargo
exceeding its safe draft mark, it shall be sanctioned as prescribed in Clause
56 of this Article;
9. Additional sanction:
Depriving the right to use master’s certificate and
vehicle controlling certificate from 01 to 02 months for acts of violation
specified at Point c, Clause 6 of this Article or acts of violation specified
in Clause 7 of this Article if carrying people exceeding the permitted number
from 30% or more.
10. Remedial measures:
a) Coercively taking large animals, explosive,
combustible and toxic substances out of the vehicle for acts of violation
specified at Point d, Clause 1, Point g, Clause 2 and Clause 5 of this Article;
coercively taking the number of people and passengers exceeding the loading
capacity out of the vehicle as prescribed for acts of violation specified in
Clause 6 and 7 of this Article;
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Article 55. Passengers’
violation
1. A caution or a fine of VND 50,000 and 100,000 for
acts of failing to observe safety rules on the vehicle and failing to comply
with instruction of seaman and vehicle controller;
2. A fine of between VND 100,000 and VND 200,000
for acts of failing to wear life jacket or floating lifesaving equipment when
on board of cross-river transport vehicle.
3. A fine of between VND 200,000 and 500,000 shall
be imposed on one of the acts of violation as follows:
a) Carrying luggage including goods banned by law
from transport together with passengers;
b) Bringing about disorder and safety on the
vehicle;
4. Additional sanction:
Confiscating cargo for acts of violation specified
at Point a, Clause 3 of this Article.
Article 56. Violation from
carrying exceeding safe draft mark of the vehicle
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2. Sanctioning administrative violation for acts of
carrying cargo exceeding safe draft mark from over 1/5 to 1/2 height of
freeboard of the vehicle, including one of vehicle of towing boat team as
follows:
a) A fine of between VND 100,000 and 200,000 shall
be imposed on the vehicle with gross tonnage up to 15 tons;
b) A fine of between VND 200,000 and 300,000 shall
be imposed on the vehicle with gross tonnage from over 15 to 50 tons;
c) A fine of between VND 300,000 and 400,000 shall
be imposed on the vehicle with gross tonnage from over 50 to 100 tons;
d) A fine of between VND 400,000 and 500,000 shall
be imposed on the vehicle with gross tonnage from over 100 to 150 tons;
dd) A fine of between VND 500,000 and 1,000,000
shall be imposed on the vehicle with gross tonnage from over 150 to 300 tons;
e) A fine of between VND 1,000,000 and 2,000,000
shall be imposed on the vehicle with gross tonnage from over 300 to 500 tons or
towing boat team with gross tonnage up to 400 tons;
g) A fine of between VND 2,000,000 and 3,000,000
shall be imposed on the vehicle with gross tonnage from over 500 to 1,000 tons
or towing boat team with gross tonnage from over 400 -1,000 tons;
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i) A fine of between VND 3,000,000 and 5,000,000
shall be imposed on the towing boat team with gross tonnage of over 1,500 tons;
3. Sanctioning administrative violation for acts of
carrying cargo exceeding safe draft mark of over 1/2 height of freeboard of the
vehicle, including one of vehicle of towing boat team as follows:
a) A fine of between VND 200,000 and 300,000 shall
be imposed on the vehicle with gross tonnage up to 15 tons;
b) A fine of between VND 300,000 and 500,000 shall
be imposed on the vehicle with gross tonnage from over 15 to 50 tons;
c) A fine of between VND 500,000 and 1,000,000
shall be imposed on the vehicle with gross tonnage from over 50 to 100 tons;
d) A fine of between VND 1,000,000 and 2,000,000
shall be imposed on the vehicle with gross tonnage from over 100 to 150 tons;
dd) A fine of between VND 2,000,000 and 3,000,000
shall be imposed on the vehicle with gross tonnage from over 150 to 300 tons;
e) A fine of between VND 2,000,000 and 4,000,000
shall be imposed on the vehicle with gross tonnage from over 300 to 500 tons or
towing boat team with gross tonnage up to 400 tons;
g) A fine of between VND 4,000,000 and 5,000,000
shall be imposed on the vehicle with gross tonnage from over 500 to 1,000 tons
or towing boat team with gross tonnage from over 400 to 1,000 tons;
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i) A fine of between VND 7,000,000 and 10,000,000
shall be imposed on the towing boat team with gross tonnage of over 1,500 tons;
4. Additional sanction:
Depriving the right to use the master’s certificate
from 01 to 02 months for acts of violation specified in Clause 3 of this
Article.
5. Remedial measures:
Coercively reducing the loading down to the safe
draft mark of the vehicle for acts of violation specified in Clause 2 of this
Article.
Article 57. Violation of
regulation on transport of dangerous goods
1. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for transportation of dangerous cargo with one of the
following acts of violation:
a) Failing to fully comply with regulations on
transportation of dangerous cargo;
b) Failing to comply with regulation on safety,
fire and explosion prevention and fighting and toxicity specified in the
permit;
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2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for transportation of dangerous cargo with one of the
following acts of violation:
a) Having no permit of the competent authority;
b) Failing to be equipped with means and instrument
of fire and explosion and toxicity or having no rescue plans for oil spill when
transporting gasoline and oil;
c) Vehicle transporting dangerous cargo has no
symbol of dangerous cargo and danger signs.
d) Failing to comply with the procedures for
cleaning the vehicle transporting dangerous cargo;
dd) Cleaning the vehicle transporting dangerous
cargo at improper place;
3. Additional sanctions:
Depriving the right to use master’s certificate and
professional certificate of captain and vehicle controller from 01 to 03 months
for acts of violation specified in Clause 2 of this Article.
4. Remedial measures:
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Article 58. Violation of
regulation on transporting live animals, oversize and overweight cargo
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for acts of transporting animals prohibited from transport,
live animals without hygiene, epidemic prevention and environmental protection
assurance as prescribed.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for acts of transporting oversize and overweight cargo without
safety plans approved by the competent state agencies.
3. Additional sanction:
Depriving the right to use the master’s certificate
from 01 to 03 months for acts of violation specified in Clause 1 and 2 of this
Article.
4. Remedial measures:
a) Coercively taking measures to ensure the
environmental hygiene for acts of violation specified in Clause 1 of this
Article;
b) Coercively taking measures to ensure the safety
for acts of violation specified in Clause 2 of this Article.
Article 59. Violation of
regulation on pilot on inland waterway
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a) Guiding ships and vehicles without professional
pilot certificate or pilot eligibility certificate as prescribed;
b) Pilot guides ships and vehicles in improper
pilot’s operational area as prescribed;
c) Pilot does not guide ships and vehicles into the
proper anchoring place defined by the inland waterway Port Authority;
d) Pilot does not inform of changes of channel to
the inland waterway Port Authority;
dd) Pilot arbitrarily leaves ship or vehicle
without captain’s permission;
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed on one of the acts of violation as follows:
a) Failing to employ pilot as prescribed;
b) Failing to inform or accurately inform of the
features and characteristics of the ship to the pilot;
c) Failing to ensure working conditions for pilot
during his/her stay on board;
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dd) Obligating seaman and vehicle controller to
hire the pilotage of ships and vehicles in the area without compulsory
pilotage.
Chapter 4.
AUTHORITY TO RECORD
ADMINISTRATIVE VIOLATION AND AUTHORITY TO SANCTION ADMINISTRATIVE VIOLATION
SECTION 1. AUTHORITY TO RECORD
ADMINISTRATIVE VIOLATION
Article 60. Authority to
record administrative violation in the field of maritime and inland waterway
transport
Person having authority to sanction administrative
in the field of maritime and inland waterway transport; public servants and
officials performing public affairs and duties within their responsibility and
detecting acts of violation on maritime and inland waterway transport must stop
and record the administrative violation as prescribed. For acts of
administrative violation occurring on sea ship, the captain shall record them
and transfer the record to the person having authority to impose administrative
sanction when the ship arrives at the port.
SECTION 2. AUTHORITY TO
SANCTION ADMINISTRATIVE VIOLATION IN THE FIELD OF MARITIME TRANSPORT
Article 61. Inspector’s
authority
1. Inspector of the Ministry of Transport,
inspector of specialized maritime sector and person assigned to perform
inspection tasks of specialized maritime sector have the right to:
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b) Impose a fine up to VND 500,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 500,000;
d) Apply remedial measures specified at Point a, c
and dd, Clause 1, Article 28 of the Law on handling of administrative
violation.
2. Chief Inspector Vietnam Maritime Administration
and Head of specialized inspection team of Vietnam Maritime Administration has
the right to:
a) Impose a caution;
b) Impose a fine up to VND 500,000;
c) Deprive the right to use the permit or
certificate of practice definitely or suspending operation definitely.
d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 50,000,000;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter II of this Decree.
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a) Impose a caution;
b) Impose a fine up to VND 70,000,000;
c) Deprive the right to use the permit or
certificate of practice definitely or suspending operation definitely.
d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 70,000,000;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter II of this Decree.
4. Chief Inspector of the Ministry of
Transport has the right to:
a) Impose a caution;
b) Impose a fine up to VND 10,000,000;
c) Deprive the right to use the permit or
certificate of practice definitely or suspending operation definitely.
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dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter II of this Decree.
Article 62. Authority of Port
Authority
1. Chief representative of Port Authority has the
right to:
a) Impose a caution;
b) Impose a fine up to VND 10,000,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 70,000,000;
2. Director of Port Authority and Head of
specialized inspection team of Port Authority has the right to:
a) Impose a caution;
b) Impose a fine up to VND 25,000,000;
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d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 25,000,000;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter II of this Decree.
Article 63. Authority of
Director of Vietnam Maritime Administration
Director of Vietnam Maritime Administration has the
right to:
a) Impose a caution;
b) Impose a fine up to VND 100,000,000;
3. Deprive the right to use the permit or
certificate of practice definitely or suspending operation definitely.
4. Confiscate exhibit and vehicle used for
administrative violation;
5. Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter II of this Decree.
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Chairman of provincial-level People’s Committee has
the right to:
a) Impose a caution;
b) Impose a fine up to VND 100,000,000;
3. Deprive the right to use the permit or
certificate of practice definitely or suspending operation definitely.
4. Confiscate exhibit and vehicle used for
administrative violation;
5. Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter II of this Decree.
Article 65. Authority of
People's police force
1. The People's police force has the right to
impose sanction against administrative violations directly related to the
sector under their management specified at Points d and e, Clause 1, Article 9,
Article 10 and Article 11 of this Decree.
2. The maximum fine level and authority to sanction
of the people's police force shall comply with the provisions of Point dd,
Clause 1, Article 24 and Article 39 of the Law on handling of administrative
violation.
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1. The Coast Guard force has the right to impose
sanction against administrative violations discovered outside port water bodies
directly related to the sector under their management specified in Clause 4 of
Article 15, Point e, Clause 5 of Article 15, Clause 6 of Article 15, Articles
16, 17, 18, 19, 20 and 21 of this Decree.
2. The maximum fine level and authority to sanction
of the Coast Guard force shall comply with the provisions at Point dd, Clause
1, Article 24 and Article 41 of the Law on handling of administrative
violation.
SECTOR 3. AUTHORITY TO SANCTION
ADMINISTRATIVE VIOLATION IN THE FIELD OF INLAND WATERWAY TRANSPORT.
Article 67. Authority of
Chairman of provincial-level People’s Committee
Chairman of provincial-level People's
Committee at all levels shall impose sanction against administrative specified
in this Decree within the management of their localities under the authority as
follows:
1. Chairman of communal-level People's Committee
has the right to:
a) Impose a caution;
b) Impose a fine up to VND 5,000,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 5,000,000;
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2. Chairman of district-level People's Committee
has the right to:
a) Impose a caution;
b) Impose a fine up to VND 37,500,000,000;
c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under his/her
authority or suspend operation;
d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 37,500,000,000;
dd) Apply remedial measures specified at Points a, b, c, dd and i, Clause 1, Article 28 of
the Law on handling of administrative violation and other remedial measures
specified in Chapter III of this Decree.
3. Chairman of provincial-level People's Committee
has the right to:
a) Impose a caution;
b) Impose a fine up to VND 75,000,000,000;
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d) Confiscate exhibit and vehicle used for
administrative violation;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter III of this Decree.
Article 68. Authority of the
People's Police force
The People's Police force has the right to impose
sanction against acts of administrative violation specified in this Decree,
except that the acts of violation specified in Article 43 of this Decree occur
at facilities performing new building, conversion, repair and restoration of
vehicle, the acts of violation specified in Article 46 of this Decree occur at
seaman and vehicle controller training facilities and acts of violation occur
within the duties and power of inland waterway Port Authority at ports and
inland wharves managed by the inland waterway Port Authority. The authority is
as follows:
1. Police officers who are on duty have the right
to:
a) Impose a caution;
b) Impose a fine up to VND 500,000;
2. Captain, head of station, head of waterway
police team have the right to:
a) Impose a caution;
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3. Head of communal-level police:
a) Impose a caution;
b) Impose a fine up to VND 2,500,000;
c) Confiscate exhibit and vehicle used for administrative
violation valued up to VND 2,500,000;
d) Apply remedial measures specified at Points a, b, c, dd, Clause 1, Article 28 of the Law on handling of
administrative violation;
4. Head of district-level police, Head of waterway
police division, Head of Traffic Police division, Head of police division on administrative
management of social order, Head of order Police division of
provincial Police, Head of operation division of waterway Police Department,
Head of waterway police team have the right to:
a) Impose a caution;
b) Impose a fine of up to VND 15,000,000;
c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under his/her
authority or suspend operation;
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dd) Apply remedial measures specified at Points a,
c, dd, Clause 1, Article 28 of the Law on handling of administrative violation
and other remedial measures specified in Chapter III of this Decree, except for
measures to dismantle the building and part of building without permit or built
in contradiction with permit.
5. Director of provincial-level police has the
right to:
a) Impose a caution;
b) Impose a fine up to VND 37,500,000;
c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under his/her
authority or suspend operation;
d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 37,500,000;
dd) Apply remedial measures specified at Points a,
c, dd and i, Clause 1, Article 28 of the Law on handling of administrative
violation and other remedial measures specified in Chapter III of this Decree,
except for measures to dismantle the building and part of building without
permit or built in contradiction with permit.
6. Director of waterway police Department and
Director of police Department on
administrative management of social order have the right to:
a) Impose a caution;
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c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under his/her
authority or suspend operation;
d) Confiscate exhibit and vehicle used for
administrative violation;
dd) Apply remedial measures specified at Points a,
c, dd and i, Clause 1, Article 28 of the Law on handling of administrative
violation and other remedial measures specified in Chapter III of this Decree,
except for measures to dismantle the building and part of building without
permit or built in contradiction with permit.
Article 69. Authority of
traffic inspector
The traffic inspector has the right to impose
sanction against administrative violation for acts of violation of regulation
on management and protection of inland waterway works; technical standard for
operation of inland waterway traffic works; inland waterway transport; seaman
and vehicle controller training facilities; new building, conversion, repair
and restoration of vehicle at the facilities performing new building,
conversion, repair and restoration of vehicle; the vehicle, seaman and vehicle
controller at the port and inland wharf or vehicle anchoring place, except for
port and inland wharf within the responsibility of inland waterway Port
Authority as prescribed in this Decree. The authority is as follows:
1. Inspector on duty has the right to:
a) Impose a caution;
b) Impose a fine up to VND 500,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 500,000;
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2. Chief Inspector of Service of Transport, Head of
inspection team of Service of Transport have the right to:
a) Impose a caution;
b) Impose a fine up to VND 37,500,000;
c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under his/her
authority or suspend operation;
d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 37,500,000;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter III of this Decree.
3. Authority of Head of specialized inspection team
of the Ministry of Transport has the right to:
a) Impose a caution;
b) Impose a fine up to VND 52,500,000;
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d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 52,500,000;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter III of this Decree.
4. Chief inspector of Ministry of Transport has the
right to:
a) Impose a caution;
b) Impose a fine up to VND 75,000,000;
c) Deprive the right to use the operating permit, professional
certificate or other certificates of practice under his/her authority or
suspend operation;
d) Confiscate exhibit and vehicle used for
administrative violation;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter III of this Decree.
Article 70. Authority of
inland waterway Port Authority
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1. Chief representative of the inland waterway Port
Authority has the right to:
a) Impose a caution;
b) Impose a fine up to VND 10,000,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 10,000,000;
2. Director of the inland waterway Port Authority
of Vietnam inland waterway Department has the right to:
a) Impose a caution;
b) Impose a fine up to VND 25,000,000;
c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under his/her
authority or suspend operation;
d) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 25,000,000;
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Article 71. Authority of
agency assigned to perform specialized inspection function
1. Person assigned to perform the specialized
inspection of inland waterway transport has the right:
a) Impose a caution;
b) Impose a fine up to VND 500,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 500,000;
d) Apply remedial measures specified at Points a, c
and dd, Clause 1, Article 28 of the Law on handling of administrative
violation.
2. Head of inspection team of inland waterway Port
Authority under Vietnam inland waterway Department, Head of inspection team of
Vietnam inland waterway Department, Head of inland waterway sub-Department
Authority under Vietnam inland waterway Department have the right to:
a) Impose a caution;
b) Impose a fine up to VND 37,500,000;
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d) Confiscate exhibit and vehicle used for
administrative violation valued up to 37,500,000;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter III of this Decree.
3. Director of Vietnam inland waterway Department
has the right to:
a) Impose a caution;
b) Impose a fine up to VND 75,000,000;
c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under his/her
authority or suspend operation;
d) Confiscate exhibit and vehicle used for administrative
violation;
dd) Apply remedial measures specified in Clause 1,
Article 28 of the Law on handling of administrative violation and other
remedial measures specified in Chapter III of this Decree.
Article 72. Authority of
border Guard
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1. Border officer on duty has the right to:
a) Impose a caution;
b) Impose a fine up to VND 500,000;
2. Head of team, Head of border control station
have the right to:
a) Impose a caution;
b) Impose a fine up to VND 2,500,000;
3. Head of border station, Head of marine border
team have the right:
a) Impose a caution;
b) Impose a fine up to VND 15,000,000;
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d) Apply remedial measures specified at Points a,
c, dd, Clause 1, Article 28 of the Law on handling of administrative violation
and other remedial measures specified in Chapter III of this Decree, except for
measures to dismantle the building and part of building without permit or built
in contradiction with permit.
4. Commander of provincial-level border guard,
Commander of border squadron directly under the Command of border guard have
the right:
a) Impose a caution;
b) Impose a fine up to VND 75,000,000;
c) Confiscate exhibit and vehicle used for
administrative violation;
d) Apply remedial measures specified at Points a,
c, dd, Clause 1, Article 28 of the Law on handling of administrative violation
and other remedial measures specified in Chapter III of this Decree, except for
measures to dismantle the building and part of building without permit or built
in contradiction with permit.
Article 73.
Authority of Coast Guard
The Coast Guard has the right to impose sanction
against administrative violation for acts of violation of regulation on traffic
buildings; vehicles, seaman, controller of inland waterway transportation
vehicle in border area within the responsibility of the Coast Guard, except for
scope of responsibility of the inland waterway Port Authority. The authority is
as follows:
1. The Coast Guard on duty has the right to:
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b) Impose a fine up to VND 1,500,000;
2. Head of Coast Guard operation group has the
right to:
a) Impose a caution;
b) Impose a fine up to VND 3,750,000;
3. Head of Coast Guard operation team has the right
to:
a) Impose a caution;
b) Impose a fine up to VND 7,500,000;
c) Apply remedial measures specified at Points a,
c, dd, Clause 1, Article 28 of the Law on handling of administrative violation;
4. Head of Coast Guard marine team has the right
to:
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b) Impose a fine up to VND 15,000,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 15,000,000;
d) Apply remedial measures specified at Points a,
c, dd, Clause 1, Article 28 of the Law on handling of administrative violation
and other remedial measures specified in Chapter III of this Decree, except for
measures to dismantle the building and part of building without permit or built
in contradiction with permit.
5. Head of Coast Guard marine squadron has the
right to:
a) Impose a caution;
b) Impose a fine up to VND 22,500,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 22,500,000;
d) Apply remedial measures specified at Points a,
c, dd, Clause 1, Article 28 of the Law on handling of administrative violation
and other remedial measures specified in Chapter III of this Decree, except for
measures to dismantle the building and part of building without permit or built
in contradiction with permit.
6. Commander of Coast Guard region has the right
to:
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b) Impose a fine up to VND 37,500,000;
c) Confiscate exhibit and vehicle used for
administrative violation valued up to VND 37,500,000;
d) Apply remedial measures specified at Points a,
c, dd, Clause 1, Article 28 of the Law on handling of administrative violation
and other remedial measures specified in Chapter III of this Decree, except for
measures to dismantle the building and part of building without permit or built
in contradiction with permit.
7. Director of Coast Guard Department has the right
to:
a) Impose a caution;
b) Impose a fine up to VND 75,000,000;
c) Deprive the right to use the operating permit,
professional certificate or other certificates of practice under authority;
d) Confiscate exhibit and vehicle used for
administrative violation;
dd) Apply remedial measures specified at Points a,
b, c, dd, Clause 1, Article 28 of the Law on handling of administrative
violation and other remedial measures specified in Chapter III of this Decree.
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IMPLEMENTATION PROVISION
Article 74.
Effect
1. This Decree takes effect on October 15, 2013.
2. This Decree supersedes Decrees No. 48/2011/ND-CP dated June 21, 2011 of the
Government stipulating the sanction of administrative violation in the maritime
area and No. 60/2011/ND-CP dated July
20, 2011 of the Government stipulating the sanction of administrative violation
in the field of inland waterway transport.
Article 75.
Implementation organization
1. The Minister of Transport is responsible for
organizing and guiding the implementation of this Decree.
2. The Ministers, heads of ministerial-level
agencies, heads of government-attached agencies and Chairman of People's
Committees of provinces and centrally-run cities are liable to execute this
Decree. /.
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