THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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|
No.
128/2005/ND-CP
|
Hanoi,
October 11, 2005
|
DECREE
PROVIDING FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE FISHERIES DOMAIN
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government.
Pursuant to the November 26, 2003 Law on Fisheries
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations.
At the proposal of the Minister of Fisheries.
DECREE
Chapter I
GENERAL PROVISIONS
Article 1 -
Scope of regulation
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2. Administrative violations in
the fisheries domain are acts of violating regulations on state management in
the fisheries domain, which are intentionally or unintentionally committed by
organizations or individuals, but are not criminal offenses and, according to
the provisions of the Ordinance on Handling of Administrative Violations and
this Decree, must be administratively sanctioned.
3. Administrative violations in
the fisheries domain under the provisions of this Decree include:
a. Violation of regulations on
aquatic resources protection.
b. violation of regulations on
exploitation of aquatic resources and management of fishing vessels.
c. Violation of regulations on
aquaculture.
d. Violation of regulations on
aquatic resource processing, trading, collection, preservation and
transportation; aquatic food hygiene and safety.
e. Violation of regulations on
fisheries services and business lines.
f. Obstructing activities of
state management over fisheries.
4. The sanctioning of acts of
encroaching upon Vietnamese sea areas for fisheries activities shall comply
with the provisions of Article 10 and 22 of the Government's Decree No.
137/2004/ND - CP of June 16, 2004, providing for sanctioning of administrative
violations on sea areas of administrative violations on sea areas and
continental shelf of the Socialist Republic of Vietnam.
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1. Vietnamese organizations and
individuals as well as foreign organizations and individuals that commit acts
of administrative violation in the fisheries domain on the territory, exclusive
economic zone and continental shelf of the Socialist Republic of Vietnam, shall
all be sanctioned under the provisions of this Decree and other relevant
provisions of law, unless otherwise provided for by treaties which Vietnam has
signed or acceded to.
2. The sanctioning of minors for
their administrative violations in the fisheries domain shall comply with the
provisions of Clause 1 and Clause 3, Article 7 of the Ordinance on Handling of
administrative Violations.
Article 3 -
Sanctioning principles
The principles for sanctioning
administrative violations in the fisheries domain shall comply with the
provisions of Article 3 of the Ordinance on Handling of Administrative
Violations and Article 3 of the Government's Decree No 134/2003/ND - CP of
November 14, 2003, detailing the implementation of a number of articles of the
2002 Ordinance on Handling of Administrative Violations.
Article 4 -
Extenuating circumstances, aggravating circumstances
Extenuating circumstances and
aggravating circumstances to be applied in sanctioning acts of violation
specified in Chapter II of this Decree shall comply with the provisions of
Article 8 and 9 of the Ordinance on Handling of Administrative Violations and
Article 6 of the Government's Decree No 134/2003/ND - CP of November 14, 2003,
detailing the implementation of a number 14, 2003, detailing the implementation
of a number of articles of the 2002 Ordinance on Handling of Administrative
Violations.
Article 5 -
The statute of limitations for sanctioning administrative violations
The statute of limitations for
sanctioning administrative violations in the fisheries domain shall be one
year, counting from the data of commission of administrative violations;
particularly for administrative violations related to the protection of the
habitat of aquatic species and the export and import of aquatic products, such
statute of limitations shall be two years.
Beyond the above - mentioned
time limits, sanctions shall not be imposed, but consequence - remedying
measures specified in this Decree must still be applied.
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The counting of the statute of
limitations for handling administrative violations shall comply with the
provisions of Clause 1, Article 9 of the Government's Decree No 134/2003/ND -
CP of November 14, 2003, detailing the implementation of a number of article of
the 2002 Ordinance on Handling of Administrative Violations.
Article 6 -
Time limit for being considered not yet having been sanctioned for
administrative violations
Organizations or individuals
sanctioned for administrative violations that do not relapse into violations
within one year as from the date of completely serving the sanctioning
decisions of from the data of expiration of the statute of limitations for executing
the sanctioning decisions, shall be considered not yet having been sanctioned
for administrative violations.
The counting of the statute of
limitations for handling administrative violations shall comply with the
provisions of Clause 2, Article 9 f the Government's Decree No 134/2003/ND - CP
of November 14, 2003, detailing the implementation of a number of articles of
the 2002 Ordinance on Handling of Administrative Violations.
Article 7 -
Forms of sanctioning administrative violations and consequence - remedying
measures
1. For each act of
administrative violation, the violating organization or individual shall be
subject to one of the following principal sanctioning forms:
a. Caution.
b. Fine.
2. In addition to principal
sanctioning forms, depending on the nature and severity of violation,
organizations or individuals committing administrative violations in the
fisheries domain may also be subject to te application of one of the following
additional sanctioning forms:
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b. Confiscation of material
evidences and means employed commission of administrative violations.
3. Apart from principal
sanctioning forms and additional sanctioning forms specified in Clauses 1 and 2
of this Article, violating organizations and individuals may also be subject to
the application of one or many of the following consequence - remedying
measures:
a. Forced restoration of the
original state altered due to administrative violations.
b. Forced application of
measures to remedy environmental pollution or epidemic spread caused by
administrative violations.
c. Forced taking out of Vietnam
or forced re-export of goods, articles and means.
f. Forced destruction of
articles, reared animals and/or cultivated plants which cause harm to human
health, to aquatic animals or plants and pollute the environment.
Violating individuals and
organizations shall have to bear all expenses for the application of the above
- mentioned measures.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE FISHERIES DOMAIN, SANCTIONING FORMS ALL LEVELS
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Article 8 -
Violation of regulations on protection of habitats f aquatic species
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for acts of discharging oils,
greases, toxic chemicals, animals or plants containing toxic elements or other
hazardous wastes less than double the permitted amounts into the environment of
natural habitats, reproductive and growth areas of aquatic species or into the
environment of areas under aquaculture.
2. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed for acts of discharging waste
specified in Clause 1 of this Article double or more the permitted amounts.
3. A fine of between VND
15,000,000 and VND 30,000,000 shall be imposed for acts of discharging
extremely hazardous substances more than the permitted amounts into the natural
habitats, reproductive and growth grounds of aquatic species or areas under
aquaculture.
4. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a. Dismantling or building
floating works or underwater works in water areas, thus altering the habitats,
growth and reproductive sites of aquatic species, without permits of competent
agencies or in contravention of the provisions in the permits.
b. Exploiting or destroying
reefs, coral reefs, underwater flora fields, submerged forests, and other
biotopes, except for acts of anchoring or mooring fishing vessels in force
majeure cases; illegally storing, transporting or trading in corals.
c. IIIegally destroying or
obstructing natural movement routes of aquatic species.
5. Acts of violating regulations
on inland water conservation zones and marine conservation zones related to the
fisheries domain shall be sanctioned under the provisions of Article 17 of the
Government's Decree No. 121/2004/ND - CP of May 12, 2004, providing for
sanctioning of administrative violations in the field of environmental
protection.
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a. Forced application of
measures to remedy environmental pollution, for acts specified in Clause 1, 2
and 3 of this Article.
b. Forced restoration of the
original state, for acts specified at Point a, Clause 4 of this Article.
c. Confiscation of material
evidences and means (except fishing vessels) employed in violations, for acts
specified in Clause 4 of this Article.
Article 9 -
Violation of regulations on protection of aquatic species
1. The fine levels of acts of
exploiting aquatic resources with a weight to caught aquatic species of sizes
smaller than the sizes permitted for mixed exploitation shall be as follows:
a. A fine of between VND 500,000
and VND 1,500,000 if the weight exceeds the permitted level of mixed
exploitation by from 20 kg to under 100 kg.
b. A fine of between VND
1,500,000 and VND 3,000,000 if the weigh exceeds the permitted level of mixed
exploitation by from 100 kg to under 500 kg.
c. A fine of between VND
3,000,000 and VND 5,000,000 if the weight exceeds the permitted level of mixed
exploitation by from 500 kg to under 1,000 kg.
d. A fine of between VND
5,000,000 and VND 10,000,000 if the weight exceeds the permitted level of mixed
exploitation by over 1,000 kg.
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a. A caution, for first - time
violations involving a weight of aquatic resources of under 10 kg.
b. A fine of between VND
1,000,000 and VND 3,000,000 if the weight of aquatic resources is between 10 kg
and under 100 kg; or if the weight of aquatic resources is under 10 kg but the
violation is committed from the second time on.
c. A fine of between VND
3,000,000 and VND 5,000,000 if the weight of aquatic resources is from 100 kg
to under 500 kg.
d. A fine of between VND
5,000,000 and VND 10,000,000 if the weight of aquatic resources is from 500 kg
to under 1,000 kg.
e. A fine of between VND 10,000,000
and VND 15,000,000 if the weight of aquatic resources exceeds 1,000 kg.
3. The fine levels for acts of
fishing aquatic species on the list of those banned from fishing shall be as
follows:
a. A fine of between VND
5,000,000 and VND 8,000,000 if the weight of aquatic resources is under 50 kg.
b. A fine of between VND
8,000,000 and VND 12,000,000 if the weight of aquatic resources ranges from 50
kg to under 100 kg.
c. A fine of between VND
12,000,000 and VND 15,000,000 if the weight of aquatic resources ranges from
100 kg to under 300 kg.
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e. A fine of between VND
20,000,000 and VND 30,000,000 if the weight of aquatic resources exceeds 500
kg.
4. Additional sanctioning forms
and consequence - remedying measures:
a. Confiscation of illegally
exploited aquatic resources and forced release of live aquatic resources into
their habitats, for acts specified in Clause 1, 2 and 3 of this Article.
b. Confiscation of material
evidences and means (except fishing vessels) employed in the violations and
deprivation of the right to use permits (if any) for 6 months, for acts
specified in Clauses 2 and 3 of this Article in case of causing serious
consequences.
SECTION B.
VIOLATIONS OF REGULATIONS ON EXPLOITATION OF AQUATIC RESOURCES AND MANAGEMENT
OF FISHING VESSELS
Article 10
- Violation of regulations on exploitation of aquatic resources
1. A caution or a fine of between
VND 100,000 and VND 200,00 shall be imposed for one of the following acts:
a. Fishing vessels lacking life
equipment and equipment for following weather forecasts or lacking equipment to
ensure communication (for types of fishing vessels defined by the Fisheries
Ministry).
b. Having no fishing diaries,
failing to make entries into such diaries or failing to make report on fishing
according to regulations of the Fisheries Ministry.
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d. Jettisoning fishing gears in
natural water areas, except in force majeure cases.
2. A fine of between VND 200,000
and VND 300,000 for the following acts:
a. Fishing with searchlights of
total output exceeding the prescribed level or failing to comply with the
Fisheries Ministry's regulations on the distance between sear searchlights and
other fishing gears.
b. Fishing with nets having mesh
sizes smaller than the prescribed sizes.
3. The fine levels for using
expired fishing permits shall be as follows:
a. A caution, for using permits
which have expired for under 30 days.
b. A fine as provided for in
Clause 7 of this Article for using fishing permits which have expired for 30
days or more.
4. The fine levels for acts of
operating in contravention of the contents of fishing permits on fishing trades
and fishing routes shall be as follows:
a. A fine of between VND 200,000
and VND 500,000 shall be imposed for cases of employing non-self-propelled fishing
vessels or self - propelled ones with main engine capacity of under 30 horse
powers.
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c. A fine of between VND
1,500,000 and VND 3,000,000 shall be imposed for cases of employing self -
propelled fishing vessels with main engine capacity of between 90 horse powers
and under 200 horse powers.
d. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for cases of employing self -
propelled fishing vessels with main engine capacity of 200 horse powers or
more.
5. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a. Using toxic chemical or
poisonous plants or storing them aboard fishing vessels for fishing.
b. Using fishing tools on the
list of those banned by the fisheries Ministry, except for cases where they are
permitted by fisheries management agencies to be use for harvesting one's own
reared aquatic animals.
6. The fine levels for acts of
storing or using electric shocks or using electricity directly generated from
generators onboard fishing vessels for fishing shall be as follows:
a. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for cases of employing
non-self-propelled fishing vessels or self - propelled ones with main engine
capacity of under 30 horse powers.
b. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for cases of employing self -
propelled fishing vessels with main engine capacity of between 30 horse powers
and under 90 horse powers.
c. A fine of between VND
4,000,000 and VND 6,000,000 shall be imposed for case of employing self -
propelled fishing vessels with main engine capacity of 90 horse power or more.
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a. A fine of between VND 500,000
and VND 1,500,000 shall be imposed for cases of employing non-self-propelled
fishing vessels or self - propelled ones with main engine capacity of under 30
horse powers.
b. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed for cases of employing self -
propelled fishing vessels with main engine capacity of between 30 horse powers
and under 90 hose powers.
c. A fine of between VND
5,000,000 and VND 8,000,000 shall be imposed for cases of employing self -
propelled fishing vessels with main engine capacity of between 90 horse powers
and under 200 horse powers.
d. A fine of between VND
8,000,000 and VND 10,000,000 shall be imposed for cases of employing self -
propelled fishing vessels with main engine capacity of 200 horse powers or
more.
8. The fine levels for using
forged, erased or modified fishing permits shall be as follows:
a. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for cases of employing non - self
- propelled fishing vessels or self - propelled ones with main engine capacity of
under 30 horse powers.
b. A fine of between VND
3,000,000 and VND 6,000,000 shall be imposed for cases of employing self -
propelled ones with main engine capacity of between 30 horse powers and under
90 horse powers.
c. A fine of between VND
6,000,000 and VND 10,000,000 shall be imposes for cases of employing self -
propelled fishing vessels with main engine capacity of between 90 horse powers
and under 200 horse powers.
d. A fine of between VND
10,000,000 and VND 15,000,000 shall be imposed for cases of employing self -
propelled fishing vessels with main engine capacity of 200 horse powers or
more.
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10. Acts of violating
regulations on assurance of inland waterway traffic order and safety, committed
when fishing, shall be sanctioned under the provisions of Article 11 of the
government's Decree No. 09/2005/ND - CP of January 27, 2005, providing for
sanctioning of administrative violations in the inland waterway transport
domain.
11. Additional sanctioning forms
and consequence - remedying measures:
a. Forced observance of the
Fisheries Ministry's regulations, for acts specified at Point a an b, Clause 1
of this Article.
b. Confiscation of the number of
electric lamps with an output exceeding the prescribed level, for acts
specified at Point a, Clause 2 of this Article.
c. Confiscation of fishing nets
with mesh sizes smaller than the prescribed sizes, for acts specified at Point
b, Clause 2 of this Article.
d. Confiscation of exploited
aquatic resources, for acts specified in Clause 2, Clause 3, Clause 4, Point b
of Clause 5, Clause 6, Clause 7, Clause 8 and Clause 9 of this Article.
e. Forced destruction of
exploited aquatic resources and toxic chemicals and poisonous plants, for acts
specified at Point a, Clause 5 of this Article.
f. Confiscation and destruction
of fishing gears banned from use, for acts specified at Point b of Clause 5,
Clause 6 and Clause 9 of this Article.
g. confiscation and destruction
of forged permits, erased or modified permits, for acts specified in Clause 8
of this Article.
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Article 11
- Violation of regulations on management of fishing vessels
1. A caution or a fine of
between VND 50,000 and VND 150,000 shall be imposed for one of the following
acts:
a. Failing to observe the
Fisheries Ministry's regulations on conditions to ensure food hygiene and
safety on fishing vessels.
b. Fishermen onboard fishing
vessels having no crewman's books or people's identity cards according to the
provisions of law.
d. Failing to display the
granted fishing vessels registration numbers on fishing vessels or displaying
them not according to regulations or having the displayed registration numbers
dim.
e. Having no crewman's list, for
fishing vessels which are required to have such a list.
2. A fine of between VND 200,000
and VND 300,000 shall be imposed for one of the following acts:
a. Violating internal rules of
fishing ports or causing disorder at fishing ports.
b. Owners of offshore fishing
vessels failing to buy insurance for each crewman.
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4. A fine of between VND 300,000
and VND 700,000 shall be imposed for one of the following acts:
a. Failing to mark fishing
vessels with identification signs suitable to sea lanes along which such
vessels are permitted to operate according to the provisions of law.
b. Steersmen of engineers of
fishing vessels failing to possess adequate papers as required by law.
5. The fine levels for employing
fishing vessels with expired technical safety certificates:
a. A caution shall be imposed in
cases where the certificate has expired for 30 days at most.
b. A fine of between VND 200,000
and VND 500,000 shall be imposed in cases where the certificate has expired for
between 30 days and 60 days.
c. A fine of between VND 500,000
and VND 1,500,000 shall be imposed in cases where the certificate has expired
for over 60 days.
6. A fine of between VND 500,000
and VND 1,500,000 shall be imposed for one of the following acts:
a. Employing fishing vessels for
which registration or registry has not yet been made a required by law on
fisheries activities.
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7. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
a. Steering fishing vessels or
operating fishing vessel's engines, using forged master's or chief engine
operator's diplomas.
b. Using forged, erased or
modified fishing vessels' registration or registry papers.
c. Failing to furbish safety
assurance equipment and devices for ships and persons onboard according to the
provisions of law.
8. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed on owners of fishing vessels for
building or transforming fishing vessels subject to registry, committing one of
the following acts:
a. Doing so without permission
of competent agencies.
b. Having no design dossiers
approved by competent agencies.
9. Additional sanctioning forms
and consequence - remedying measures:
a. Forced observation of
regulations of the Fisheries Ministry, for acts specified in Clauses 1, 2, 3,
4, 5, 6, 7, and 8 of this Article.
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SECTION C.
VIOLATION OF REGULATIONS ON AQUACULTURE
Article 12
- Violation of regulation on aquatic breeds
1. Acts of administrative
violation in the domain of animal breeds and plant varieties shall be
sanctioned under the provisions of the Government's Decree No. 47/2005/ND - CP
of April 8, 2005, providing for sanctioning of administrative violations in the
domain of reared animal breeds and Decree No. 57/2005/ND 0 CP of April 27,
2005, on sanctioning of administrative violations in the domain of cultivated
plant varieties, and other provisions of Clause 2, 3, 4, 5 and 6 of this
Article.
2. A fine of between VND 500,000
and VND 1,500,000 shall be imposed on breed - producing or - trading
establishments for one of the following acts:
a. The sites of the
establishment failing to be in line with planning.
b. Failing to ensure the
standards on veterinary sanitation and environmental protection for ponds,
tanks, equipment, water supply systems and waste water treatment systems used
in aquatic breed production or trading according to regulations of the
Fisheries Ministry.
c. Using expired feeds,
veterinary drugs, bio - preparations, microorganisms or chemicals in aquatic
breed production and training.
3. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for using feeds, veterinary drugs,
bio-preparations, microorganisms, and chemicals which contain substances on the
list of those restricted from ue in aquatic breed production or trading at
variance with regulations of the Fisheries Ministry.
4. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for using feeds, veterinary drugs,
bio-preparations, microorganism, and chemicals which contain substances on the
list of those banned from use or circulation in Vietnam in aquatic breed
production or trading under regulations of the Fisheries Ministry.
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6. Additional sanctioning forms
and consequence - remedying measures:
a. Forced compliance with
relevant provisions of law, for acts specified at Points a and b, Clause 2 of
this Article.
b. Forced destruction of feeds,
veterinary drugs, bio-preparations, microorganisms, and chemicals used in
aquatic breed production or trading which have been expired for use or are on
the ban lists, for acts specified at Point c of Clause 2, and in Clause 3 and
Clause 4 of this Article.
c. Confiscation of aquatic
breeds and forced compliance by producing establishments with the provisions of
law on assay of new breeds; forced release of rare and precious aquatic specious
aquatic species which need to be conserved back into their habitats, forced
destruction of harmful, alien organisms, for acts specified in Clause 5 of this
Article.
Article 13
- Violation of regulations on aquaculture
1. A fine of between VND 500,000
and VND 1,500,000 for one of the following acts:
a. The construction sites of
establishments failing to be in line with planning , except for small - sized
establishments according to regulations of the Fisheries Ministry.
b. Failing to ensure veterinary
sanitation and environmental protection standards according to the provisions
of law.
c. Using feeds, veterinary
drugs, bio-preparations, microorganisms and chemicals containing
substances on the list of those restricted from use at variance with regulations
of the Fisheries Ministry.
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e. Failing to observe
regulations of the Fisheries Ministry on control of residues of harmful
substances in reared aquatic animals and their products.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a. Using aquatic feeds,
veterinary drugs, bio-preparations, microorganisms or chemicals which are not
on the list of those permitted for circulation in Vietnam or contain substances
on the lists of those banned from use.
b. Rearing aquatic breeds or
species which are on the list of aquatic species banned from rearing or are not
on the list of those permitted for production or trading in Vietnam according
to regulations of the Fisheries Ministry.
c. Reading aquatic breeds or
species on the list of those restricted from rearing at variance with
regulations of the Fisheries Ministry or localities.
3. Additional sanctioning forms
and consequence - remedying measures:
a. Forced observance of the
provision of law for acts specified at Points a, b and e of Clause 1, and Point
c of Clause 2 of this Article.
b. Forced destruction of aquatic
feeds, drugs, bio-preparations, micro - organisms or chemicals which have
expired or and on the lists of those banned from use or are not on the list of
those permitted for circulation in Vietnam, for acts specified at Points c and
d of Clause 1, and Point a of Clause 2 of this Article.
c. Confiscation of reared aquatic
animals, for acts specified a Point b, Clause 2 of this Article.
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1. A fine of between VND 500,000
and VND 1,500,000 shall be imposed for acts of failing to apply compulsory
epidemic - preventing measures according to regulations of the Fisheries
Ministry.
2. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
a. Failing to apply measures to
prevent and combat aquatic animal epidemics when there are decision declaring
the epidemics.
b. Taking aquatic animals and
their products prone to the declared epidemic into or from epidemic - hit
areas.
c. Taking from epidemic - hit
areas feeds, rearing tools or waste of aquatic animals which are capable of
spreading the declared epidemic.
d. Transporting aquatic animals
prone to the declared epidemic through epidemic - hit areas without permission
of competent ageices.
e. Failing to isolate aquatic
animals contracted, infected or suspected to be contracted with a dangerous
infectious disease.
f. Failing to observe
regulations on disposal of aquatic animals contracted or suspected to be
contracted with a dangerous infectious disease.
g. Failing to observe the
aquatic animals health agency's regulations on taking samples for periodical
disease diagnosis and testing.
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3. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
a. Failing to declare and send
quarantine dossiers according to the provisions of law when transporting or
circulating aquatic animals and their products on the list of those subject to
quarantine.
b. Failing to register, declare
and send quarantine dossiers according to the provisions of law when exporting,
importing, temporarily importing for re-export, temporarily exporting for re-import,
transporting from one border gate to another or transiting through Vietnamese
territory aquatic animals and their products.
c. Failing to quarantine aquatic
breeds before taking them out of aquatic animal - breeding establishments.
d. Transporting aquatic breeds
without quarantine certificates or in excess of the quantities stated in the
quarantine certificates.
e. Failing to quarantine
commercial aquatic animals and their products before taking them from an
aquatic animal epidemic - hit district.
4. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for acts of using forged, erased
or modified quarantine certificates.
5. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
a. Pouring or discharging feeds,
washing water and corpses of diseased aquatic animals into natural water areas
or other water areas under aquaculture.
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6. Consequence - remedying
measures:
a. Forced application of
measures to prevent epidemics, for acts specified in Clause 1; Points a, d, e,
f, g and h of Clause 2 of this Article.
b. Forced destruction of
diseased aquatic animals, their feeds or waste, for acts specified at Points b
and c of Clause 2 of this Article.
c. Forced observation of
regulations on quarantine, for acts specified in Clause 3 of this Article.
d. Confiscation and destruction
of forget certificates; confiscation of erased or modified certificates, for
acts specified in Clause 4 of this Article.
e. Forcible application of
measures to remedy water environment pollution, for acts specified in Clause 5
of this Article.
SECTION D.
VIOLATIONS OF REGULATIONS ON PROCESSING, TRADING, COLLECTION, PRESERVATION AND
TRANSPORTATION OF AQUATIC RESOURCES, SANITATION AND SAFETY OF AQUATIC FOOD
Article 15
- Violation of regulations on aquatic resource processing
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on aquatic resource - processing
establishments for one of the following acts:
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b. Failing to publicize the
quality of their products or publicizing standards unconformable with
compulsory standards.
c. Failing to ensure the quality
of their product up to publicized standards.
d. Processing aquatic species
during the period when they are banned from exploitation nationwide.
e. Using additives or chemicals
banned from use or not permitted for circulation in Vietnam or using them in
contravention of law.
2. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed on establishments processing
aquatic resources by industrial mode for one of the following acts:
a. Having no technicians with
professional qualifications as required by the Fisheries Ministry.
b. Failing to apply a quality
control system and failing to have the quality of their products recognized by
competent state agencies.
c. Aquatic resources put to
processing being of unknown origin or failing to meet veterinary sanitary
standards.
3. A fine of between VND
8,000,000 and VND 12,000,000 shall be imposed for acts of processing aquatic
resources on the list of those banned from exploitation.
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5. Additional sanctioning forms
and consequence - remedying measures:
a. Forced observance of the
provisions of law, for acts specified at Points a and b of Clause 1, and in
Clause 2 of this Article.
b. Confiscation of aquatic
resources and their products for acts specified at Point c and d of Clause 1,
Point c of Clause 2, and in Clause 3 of this Article.
c. Forced destruction of aquatic
resources and their products, for acts specified in Clause 4 of this Article.
Article 16
- Violation of regulation on trading, collection, preservation and
transportation of aquatic resources
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for acts of trading collecting,
preserving or transporting fresh and live or processed aquatic resources which
fail to meet veterinary sanitary standards provided for by law.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a. Collecting, preserving,
transporting or trading in aquatic species which were caught during the period
when the catching thereof is banned nationwide or which were caught by using
explosives or electronic shocks.
b. Collecting, preserving,
transporting or trading in aquatic resource originating from areas where the
harvest thereof is banned.
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3. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed for acts of collecting,
preserving, transporting or trading in aquatic species on the list of those
banned from exploitation.
4. Additional sanctioning forms
and consequence - remedying measures:
Confiscation of aquatic
resources and forced release f live ones into their habitats, for acts
specified in Clause 2 and Clause 3 of this Article.
Article 17
- Violation of regulations on food hygiene and safety in the fisheries domain
Acts of violating regulations on
food hygiene and safety shall be sanctioned under the provisions of Article 15
of the Government's Decree No. 45/2005/ND - CP of April 6, 2005, providing for
sanctioning of administrative violations in the health domain.
SECTION E.
VIOLATIONS OF REGULATIONS ON FISHERIES SERVICE BUSINESS
Article 18
- Violation of regulations on production, trading, export and import of aquatic
animals feeds, veterinary drugs, bio - preparations, microorganisms or
chemicals used in fisheries activities.
1. A fine of between VND 500,000
and VND 1,000,000 shall be imposed on owners or salespersons of establishments
trading in veterinary drugs for aquatic animals, bio-preparations,
microorganisms or chemicals used in fisheries activities granted by competent
agencies.
2. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
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b. Those who have aquatic animal
veterinary practice certificates defined in Clause 1 or at Point a of Clause 2
of this Article leasing or leading such certificates.
3. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a. Violating regulations in
veterinary sanitation conditions on establishment producing or trading aquatic
animals feeds; veterinary drugs, bio-preparations, microorganisms or chemicals
used in fisheries activities.
b. Using forged, erased or
modified aquatic animal veterinary practice certificates stated in Clause 1 or
Clause 2 of this Article.
4. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for one of the following act:
a. Establishments producing,
trading or importing aquatic animals feels; veterinary drugs, bio-preparations,
microorganisms or chemicals used in fisheries activities failing to publicize
goods quality standard according to the provisions of law.
b. Establishment trading in
expired aquatic animals feeds; veterinary drugs, bio-preparations,
microorganisms or chemicals used in fisheries activities.
c. Establishments producing
aquatic animals feeds; veterinary drugs, bio-preparations, microorganisms or
chemicals used in fisheries activities, though having been granted the
circulation registration codes, failing to re-compile dossiers of circulation
registration in the following changes: change of formula content; change of
preparation form; change of quality standards; change of usage; change of
production methods and processes, resulting in change of product quality;
quality re-evaluation, product effect and safety, according to the provisions
of law.
5. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed for acts of producing, trading,
storing or transporting in aquatic animals feeds; veterinary drugs,
bio-preparations, microorganisms or chemicals used in fisheries activities,
which are:
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b. Banned from use by the
Fisheries Ministry.
c. Not up to veterinary sanitary
standards set by the Fisheries Ministry.
d. Of unknown origin.
6. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed for acts of violating the
provision of Clause 5 of this Article committed by exporting or importing
organization or individuals.
7. Additional sanctioning forms
and consequence - remedying measures:
a. Forced observance of the
provisions of law, for acts specified in Clause 1, at Point a of Clause 2,
Point a of Clause 3, and Points a and c of Clause 4 of this Article.
b. Deprival of the right to use
aquatic animal veterinary practice certificates, for acts specified at Point b,
Clause 2 of this Article.
c. Confiscation and destruction
of forged, erased or modified aquatic animal veterinary practice certificate,
for act specified at Point b, Clause 3 of this Article.
d. Confiscation of goods, for
acts specified at Point a of Clause 4 of this Article.
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Article 19
- Violation of regulations on aquatic animal health services
1. A fine of between VND 500,000
and VND 1,000,000 shall be imposed on those who practice aquatic animal health
diagnosis, prescription medical treatment or care, provide animal health -
related technical counseling or services without aquatic animal veterinary
practice certificates granted by competent agencies or with expired practice
certificates.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for one of the following act:
a. Owner or technical managers
of establishment testing, experimenting, assaying veterinary drugs,
bio-preparations, micro organisms, chemical in fisheries activities failing to
have aquatic animal veterinary practice certificates granted by competent
agencies.
b. Owners or technical manages
of establishments testing animal diseases failing to have aquatic animal
veterinary practice certificates granted by competent agencies.
c. Those who have aquatic animal
veterinary practice certificates defined in Clause 1, and at Points a and b of
Clause 2 of this Article leasing or lending such certificates.
3. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed for acts of using forged,
modified or erased aquatic animal veterinary practice certificates defined in
Clause 1, and at Points a and b of Clause 2 of this Article.
4. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for acts violating regulations on
veterinary sanitary conditions on establishments testing, experimenting,
assaying veterinary drugs, bio-preparations, micro organisms, chemicals in
fisheries activities.
5. Additional sanctioning forms:
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b. Deprival of the right to use
aquatic animal veterinary practice certificates for three months, for acts
specified at Point c, Clause 2 of this Article.
c. confiscation and destruction
of forged, modified or erased aquatic animal veterinary practice certificates,
for acts specified in Clause 3 of this Article.
Article 20
- Violation of regulations on production of and trading in life equipment and
devices
1. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for the following acts:
a. Producing life equipment and
devices which fail to meet publicized quality standards.
b. Trading in life equipment and
devices which have not yet been registered.
2. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed for acts of trading in expired
life equipment and devices.
3. Additional sanctioning forms
and consequence - remedying measures:
a. Confiscation of goods, for
acts specified at Point a, Clause 1 of this Article.
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c. Forced destruction of goods,
for acts specified in Clause 2 of this Article.
Article 21
- Violation of regulations on operation of fishing ports
1. A fine of between VND 100,000
and VND 200,000 shall be imposed for acts of throwing or dumping rubbish or
other object from fishing vessels into water areas of anchorage or wharves.
2. A fine of between VND 1,000,000
and VND 3,000,000 shall be imposed for one of the following acts:
a. Fishing port failing to have
certificates of satisfaction of food hygiene and safety conditions granted by
competent agencies.
b. Fishing ports or wharves
failing to observe or improperly observing regulations of the Fisheries
Ministry or provincial - level People's Committees on management of fishing
ports and wharves.
3. Consequence - remedying
measures:
a. Forced application of
consequence-remedying measures, for acts specified in Clause 1 of this Article.
b. Forced observance of
regulations of the Fisheries Ministry of provincial - level People's
Committees, for acts specified in Clause 2 of this Article.
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1. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for establishments building or
transforming fishing vessels for committing one of the following acts:
a. The sites of the
establishments failing to comply with planning.
b. Workshops and equipment
failing to suit technical requirements set by the Fisheries Ministry.
c. The waste water and soil
waste treatment systems failing to meet environmental protection requirements
according to the provisions of law.
d. Having no professionally
qualified technicians according to the provisions of law on business conditions
on a number of aquatic trades.
e. Building, transforming
fishing vessels whose owners have not yet obtained written permission of
competent agencies.
2. Consequence - remedying
measures:
Forced observance of the
provisions of law, for acts specified in Clause 1 of this Article.
Article 23
- Violation of regulations on conditions on production of and trading in
fishing gears and equipment
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a. Their physical and technical
foundations failing to ensure environmental protection standards provide for by
law.
b. Production establishments
having no professionally qualified technicians as required by law.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a. Delivering from workshops
unregistered fishing equipment.
b. Trading in unregistered
fishing equipment.
c. Producing, trading fishing
gears and equipment failing to meet the quality standards of produced or traded
goods according to the provisions of law.
d. Producing, trading in,
storing or transporting fishing gears and equipment on the list of those banned
by the Fisheries Ministry or provincial - level People's Committees.
3. Additional sanctioning forms
and consequence - remedying measures:
a. Forced observance of the provision
of law on business conditions, for acts specified in Clause 1, and at Points a
and b of Clause 2 f this Article.
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SECTION F.
OBSTRUCTION OF STATE MANAGEMENT OF FISHERIES
Article 24
- Sanctioning of acts of obstructing state management of fisheries.
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed for acts of obstructing
the investigation and exploration of aquatic resources; the protection of
aquatic resources; or the collection of data for evaluation of the actual
situation of fisheries activities.
2. A fine of between VND 500,000
and VND 1,500,000 shall be imposed for acts of obstructing the inspection and
supervision by state management agencies in charge of fisheries.
3. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
a. Insulting, humiliating or
resisting those who are performing their inspection or supervision duties.
b. Deliberately delaying or
shirking compliance with administrative decisions of competent persons or
agencies.
4. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
a. Breaking without permission
the seals of material evidences or means employed in violations, which are
being sealed up and in custody or changing without permission the scenes of
occurrence of administrative violations.
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5. Additional sanctioning forms
and consequence-remedying measures:
a. Forced compliance with
decisions of competent persons or agencies, for acts specified in Clauses 1 and
2, and at Point b, Clause 3 of this Article.
b. Confiscation of dispersed
material evidences and means, for acts specified at Point b, Clause 4 of this
Article.
Chapter
III
SANCTIONING COMPETENT
AND PROCEDURES, EXECUTION OF DECISIONS ON SANCTIONING ADMINISTRATIVE VIOLATING
IN THE FISHERIES DOMAIN
Article 25
- Competence of People's Committees at different levels
Presidents of Peoples committees
at different levels shall have the power to sanction administrative violations
in the fisheries domain under the provisions of Article 28, 29 and 30 of
the Ordinance on Handling of Administrative Violations.
Article 26
- Tasks and powers of specialized fisheries inspectorate
The administrative violation -
sanctioning competence of specialized fisheries inspectors at all levels,
specialized fisheries chief inspectors of provincial/municipal Fisheries
Services or Agriculture and Rural Development Services in charge of fisheries
Ministry shall comply with the provisions of Article 38 of the Ordnance on
Handling of Administrative Violations and the Government's Decree No.
107/2005/ND - CP of August 17, 2005, on organizations and operation of the
fisheries inspectorate.
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1. Competent persons of the
agencies of the people's police, border guard, coast guard, customs, tax,
market management agencies, directors of port authorities, directors of inland
water port authorities defined in Articles 31, 32, 33, 34, 36, 37 and 39 of the
Ordinance on Handling of Administrative Violations shall have powers to
sanction administrative violations in the fisheries domain according to this
Decree for acts of administrative violation related to the domains under their
respective management.
2. The principles for
determining the competence t sanction administrative violations in the
fisheries domain shall comply with the provision of Article 42 of the Ordinance
on Handling of Administrative Violations.
Article 28
- Procedures for sanctioning administrative violations
1. When sanctioning
administrative violations, persons with sanctioning competence must follow the
procedures provided for in Articles from53 to 63 of the Ordinance on Handling
of Administrative Violations.
2. For confiscated material
evidences of administrative violations, which are prone to cause fires or
explosions like explosives, detonators, fuses..., persons with sanctioning
competence must carry our procedures to transfer them as soon as possible to
local police offices or military commands for management under the Government's
regulations on management of weapons, explosive materials and support tools.
When transferring them, a record thereon must be made and affixed with the
signatures of the person with sanctioning competence and the representative of
the receiving party; each record must be made at least in two copies.
3. Organizations or individuals
having material evidences in violation destroyed must incur all expenses for
the disposal thereof. Where owners of material evidences are unidentifiable or
have escaped, the disposal of such material evidences shall be funded with
local budgets.
Article 29
- Sending of decision on sanctioning administrative violations for execution
1. Where individuals or
organizations commit administrative violations in one locality but reside or
are headquartered in another locality and have no conditions to comply with the
sanctioning decisions in the locality where they are sanctioned, the sanctioning
decisions shall be sent to the same-level agency competent to sanction
administrative violations in the locality where such individuals reside or such
organizations are headquartered for execution. In cases where there exists no
such agency in the locality where such individuals reside or such organizations
are headquartered, the sanctioning decisions shall be sent to the
district-level People's committees for organization of the execution thereof.
The dossiers on sanctioning of administrative violations shall be kept by the
agencies which sign the sanctioning decision.
2. Agencies which receive the
sanctioning decisions shall have to hand them to the sanctioned individuals or
organization and organize the execution thereof under the provision in Article
64 of the Ordinance on Handling of Administrative Violations, then notify the
results to the agencies which sent the decisions.
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Article 30
- Application of measures to prevent administrative violations and ensure the
sanctioning of administrative violations
1. The measures to prevent administrative
violations and ensure the sanctioning of administrative violations and the
application of such measures are specified in Article 43 of the Ordinance
on Handling of Administrative Violations.
2. The competence, order and
procedures for application of measures to prevent administrative violations and
ensure the sanctioning of administrative violations in the fisheries domain
shall comply with the provisions of Article from 44 to 49 of the Ordinance on
Handling of Administrative Violations.
Article 31
- Handling of violations committed by persons competent to handle
administrative violations
The handling of violations
committed by persons competent to handle administrative violations shall comply
with the provisions of Article 121 of the Ordinance on Handling of
Administrative Violations.
Article 32
- Complaints, denunciations
The right of organizations and
individuals to complain about decisions on sanctioning administrative
violations or decisions on applying measures to prevent administrative violations
and ensure the handling thereof; the right of citizens to denounce illegal acts
in handling administrative violations; the competence, procedures and time
limit for settling complaints or denunciations shall comply with the provisions
of Article 118 of the Ordinance on Handling of Administrative Violations.
Chapter IV
IMPLEMENTATION
PROVISIONS
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1. This Decree takes effect 15
days after its publication in "Cong Bao".
2. This Decree replaces the
Government's Decree No. 70/2003/ND - CP of June 17, 2003, providing for
sanctioning of administrative violations in the fisheries domain.
3. All previous regulations on
sanctioning administrative violations in the fisheries domain which are
contrary to this Decree are hereby annulled.
Article 34
- Responsibility to guide and implement the Decree
1. The Fisheries Minister shall
have the responsibility to guide inspect the implementation of this Decree.
2. Ministers, heads of
ministerial - level agencies, heads of Government-attached agencies, and
presidents of People's Committees of provinces or centrally run cities shall
have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai