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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 139/2021/ND-CP
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Hanoi, December 31, 2021
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DECREE
ADMINISTRATIVE PENALTIES FOR
INLAND WATERWAY NAVIGATION VIOLATIONS
Pursuant
to the Law on Government Organization dated June 19, 2015; the Law on
amendments to some articles of the Law on Government Organization and Law on
Local Government Organization dated November 22, 2019;
Pursuant
to Law on handling administrative violations dated June 20, 2012; the Law on
amendments and supplements to certain articles of Law on handling
administrative violations dated November 13, 2020;
Pursuant
to the Law on Inland Waterway Navigation dated June 15, 2004; the Law amending
and supplementing a number of articles of Law on Inland Waterway Navigation
dated June 17, 2014;
Pursuant
to the Law on amendments to some articles concerning planning of 37 Laws dated
November 20, 2018;
Pursuant
to the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages
dated June 14, 2019;
At the
request of the Minister of Transport;
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Chapter I
GENERAL
PROVISIONS
Article 1. Scope
1.
This Decree deals with:
a)
Administrative violations, penalties, fines, remedial measures and power to
record administrative violations, impose penalties and fines for inland
waterway navigation violations;
b)
Violations against regulations on the operation of inland waterway vessels
outside the scope of channels and water areas that have not been managed and
operated for the purpose of navigation, including: violations of vessels,
crewmembers, or operators who are operating the vessels; navigation rules and
signals of vessels; inland waterway navigation; accidents of inland waterway
navigation and inland waterway navigation search and rescue.
2.
Other Decrees on administrative penalties for
corresponding violations shall apply to administrative violations pertaining
inland waterway navigation that are not regulated by this Decree.
Article 2. Regulated entities:
1.
Vietnamese and foreign organizations and
individuals that commit inland waterway navigation violations.
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3.
Organizations specified in Clause 1 of this
Article are:
a)
Business organizations established under Law on Enterprises including: private
enterprises, joint-stock companies, limited liability companies and
partnerships;
b)
Business organizations established under Cooperative Law including:
cooperatives and unions of cooperatives;
c)
Socio-political organizations, socio-professional organizations, social
organizations
d) Public
service providers and other organizations as per the law.
4.
Household businesses and households committing
administrative violations specified in this Decree shall incur penalties
imposed upon individuals.
5.
Dependent units of enterprises (branch
offices, representative offices) that are identified as follows;
a) If a
branch, representative office or business location commits an administrative
violation when performing its business within the operating scope and period
authorized by the legal entity or organization or when complying with guidance,
direction, assignment or consent of the legal entity or organization, the legal
entity or organization is the one that faces a fine for such administrative
violation imposed on organizations for the activities carried out by the
branch, representative office or business location of the legal entity or
organization.
b) If a
branch, representative office or business location of the legal entity or
organization commits an administrative violation when performing its business
within the operating scope and period not authorized by the enterprise or when
not complying with guidance, direction, assignment or consent of the legal
entity or organization, the branch, representative office or business location
of the enterprise shall assume responsibility and face a fine for such
administrative violation imposed on organizations for the activities carried
out by the branch, representative office or business location.
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Article 3. Prescriptive period for handling of administrative
violations
1.
The prescriptive period for handling of
administrative violation against regulations on inland waterway navigation shall
be 01 year, except for cases specified in Clause 2 of this Article.
2.
The prescriptive period for handling of
administrative violations shall be 02 years for the following administrative
violations:
a)
Violations against regulations on construction of infrastructure of inland
waterways;
b)
Violations against regulations on dredging and extraction of natural resources
and minerals regarding inland waterways
c)
Violations against regulations on construction of works that are not included
in the list of infrastructure of inland waterway navigation but related to
inland waterway navigation, including: construction of embankments, irrigation
dams, bridges, ferry terminals, wind power, thermal power, hydroelectricity;
works that cross the channel in the air or at the bottom of the channel and
other works that affect the safety of inland waterway navigation.
3.
Starting date of prescriptive period:
a) The
prescriptive period shall be started from the time of abandonment of violations
for administrative violations that have ended specified in Clause 4 of this
Article
b) The
prescriptive period shall be started from the time of detection of violations
for administrative violations that are in progress specified in Clause 5 of
this Article
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a)
Violations against regulations on agreements with competent agencies prior to
construction of works or organization of operations on inland waterways specified
in Point a, Clause 3 of Article 5, Clause 1 of Article 10, Point c, Clause 2 of
Article 13, Point a, Clause 2 of Article 14, Clause 4 of Article 27, Clause 5
of Article 28, Clause 5 of Article 29 of this Decree and the time on which
violations are detected or the violators have started constructing works or
organizing operations on inland waterways;
b)
Violations against regulations on notification and report in case of
construction and operation of works or organization of operations on inland waterways
specified in Clause 1, Article 5, Point h, Clause 1, Article 7, Clause 1,
Article 8 of this Decree;
c)
Violations against regulations on protection of works of infrastructure of
inland waterway navigation specified in Article 11 of this Decree and the time
on which violations are detected causing landslide, damage to the works or
disruption to inland waterway navigation;
d)
Violations against navigation rules and regulations that cause accidents of
inland waterway navigation
dd)
Violations against regulations on notification of entry into or exit from
ports, landing stages, anchorages and entry into or exit from ports, landing
stages and anchorages of vessels or seaplanes without licenses specified in
Point e, Clause 1 Article 21, Clause 3 and Points a, c, Clause 5 and Clause 6,
Article 31 of this Decree after the vessels and seaplanes enter or leave ports,
landing stages and anchorages;
e)
Violations that are detected through professional and technical means and
equipment: the time of abandonment of violations begins from the time on which
the technical or professional means or equipment records violations;
g) The
administrative violations against regulations on inland waterway navigation
specified in this Decree and not specified in points a,b,c,d,dd and e of this
Clause but had been completed before the competent person discovered such
violations are treated as violations that have ended.
5.
The administrative violations against
regulations on inland waterway navigation specified in this Decree but not
specified in clause 4 of this Article are treated as in-progress ones
Article 4. Penalties and remedial measures
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a)
Warnings
b) Fines
2.
The organizations and individuals that commit
inland waterway navigation violations shall be subject to one of the following
additional penalties according to the nature and severity of violations:
c)
Suspend certificates of competency or professional certificates for fixed
periods
b)
Suspend the operation for fixed periods;
c)
Confiscate material evidences and/or means used for administrative violations;
The
warnings shall be applied according to regulations of Article 22 of the Law on
handling administrative violations.
4.
Apart from the penalties specified in Clauses
1 and 2 of this Article, the organizations and individuals who commit inland
waterway navigation violations shall take the following remedial measures
according to regulations of Chapter II of this Decree
a)
Enforced demolition of houses, floating houses, works, equipment, signals and
clearance of obstacles in case of commission of violations
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c)
Enforced removal of animals, vessels, trees, objects, tents, shops, bamboo and
wood in case of commission of violations;
d)
Enforced removal, relocation and narrowness of fishing gears and tools for
fisheries and aquaculture in case of commission of violations;
dd)
Enforced registry of vessels according to regulations on vessels that are
subject to registry of self-modification. In case the modified parts of vessels
that are inspected by the registry office do not satisfy the technical
requirements according to regulations, the parts must be demolished;
e)
Enforced return of licenses, practicing certificates or operation registration
certificates which have been erased or corrected that changes information
to the competent agencies or persons that have granted the licenses and
certificates;
g)
Enforced disembarkation of excess passengers, motorbikes, cars and goods in
accordance with regulations or disembarkation of passengers, motorbikes, cars
and goods that are not allowed to transport;
h)
Enforced arrangement for goods according to regulations.
5.
The fine for each administrative violation
specified in Chapter II of this Decree are incurred by individuals. In case of
the fine for the same administrative violation committed by an organization
shall be 2 times as much as that on individuals
6.
The authority to impose fines of different
officeholders regulated in Chapter IIII herein is the maximum fine for an
administrative violation committed by an individual. The maximum fine imposed
upon an organization shall be 2 times as much as that on an individual.
Chapter II
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Section 1. VIOLATIONS AGAINST REGULATIONS ON CONSTRUCTION, MANAGEMENT,
OPERATION AND PROTECTION OF INFRASTRUCTURE AND ORGANIZATION OF ACTIVITIES ON
INLAND WATERWAYS
Article 5. Violations against regulations on construction
of embankments, irrigation dams, bridges, ferry terminals, wind power, thermal
power, hydroelectricity, works that cross the channel in the air or at the
bottom of the channel and other works that affect the safety of inland waterway
navigation (except for construction of emergency works for the purpose of
protection of dikes and management of natural disaster)
1.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failure to notify or notify by the deadline
according to regulations to the inland waterway navigation competent agencies
in case of operation of works
2.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to request the competent authority to declare navigation restrictions
before the construction of the works according to regulations;
b)
Failing to properly implement the plan for assurance about the safety of inland
waterway navigation approved by the competent authority during the process of
construction of works on inland waterways, except for the cases specified in
Article 10 of this Decree.
3.
A fine ranging from VND 20.000.000 to VND
35.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to have written agreement of the inland waterway navigation competent
authority on construction of works;
b)
Failing to have the plan for assurance about the safety of inland waterway
navigation approved by the competent authority throughout the process of
construction of works on inland waterways;
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Article 6. Violations against regulations on management and
maintenance of infrastructure of inland waterways;
1.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to produce documents on obstacles on inland waterways that affect the
safety of navigation according to regulations;
b)
Failing to request the competent authority to declare navigation restrictions
according to regulations;
c)
Failing to produce documents or produce documents with full information on
management and maintenance of infrastructure of inland waterways according to
regulations;
2.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to take measures for assurance about the safety of inland waterway navigation
in case of detection of obstacles on the channels of inland waterways according
to regulations;
b)
Failing to repair embankments, navigation dams, locks and other works that are
damaged;
c)
Failing to properly implement the plan for maintenance approved by the
competent authority;
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dd)
Failing to evaluate the quality of the works according to regulations;
Article 7. Violations against regulations on dredging of water
areas of inland waterways;
1.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to install the dredging control systems according to regulations in
case of use of each vessel for dredging or transporting dredged materials for
the purpose of dredging;
b) Using
the dredging control systems installed on each vessel used for dredging or
transporting dredged materials that fails to meet standards and regulations as
prescribed;
c) Using
the dredging control system installed on each vessel used for dredging or
transporting dredged materials that fails to operate according to regulations;
d) Using
each vessel for dredging or transporting dredged materials without approval of
the competent agency according to regulations;
dd)
Failing to record the results of dredging and transporting dredged materials or
record the results of dredging and transporting dredged materials in accordance
with regulations;
e) Failing
to make entries in the construction logbook or make entries in the construction
logbook in accordance with regulations;
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h)
Failing to notify the plan (time, construction progress, scale of project,
type, quantity of construction vessels, form of implementation) to the
competent authority before dredging;
b)
Failing to properly implement the plan for assurance about the safety of inland
waterway navigation approved by the competent authority throughout the process
of construction of works on inland waterways, except for the cases specified in
Article 10 of this Decree.
2.
A fine ranging from VND 20.000.000 to VND
35.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to have full documents on environmental protection approved by the
competent authority according to regulations;
b)
Failing to have the plan for assurance about the safety of inland waterway
navigation approved by the competent authority throughout the process of
construction of works on inland waterways;
c)
Failing to implement the plan for assurance about the safety of inland waterway
navigation approved by the competent authority throughout the process of
construction of works on inland waterways, except for the cases specified in
Article 10 of this Decree.
3.
A fine ranging from VND 35.000.000 to VND
50.000.000 shall be imposed for failure to dredge in water areas of inland
waterways at the suitable locations and areas, within the scope of dredging, at
great depth, in accordance with the design of slopes (including errors
according to regulations). It is approved by the competent authority.
4.
A fine ranging from VND 50.000.000 to VND 75.000.000
shall be imposed for dredging in water areas of inland waterways without
approval of the competent authority.
Article 8. Violations against regulations on salvage and
clearance of obstacles
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a)
Failing to provide information, notify or report in accordance with regulations
on property sunk and obstacles in inland waterways;
b)
Providing information, notifying or reporting in non-compliance with
regulations on property sunk and obstacles in inland waterways;
2.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to make the plan for salvage of property sunk and clearance of
obstacles according to regulations;
b)
Submitting the plan for salvage of property sunk and clearance of obstacles
after the prescribed deadline
3.
A fine ranging from VND 10.000.000 to VND 20.000.000
shall be imposed for the commission of one of the following violations:
a)
Salvaging property sunk and clearing obstacles after the prescribed time;
b)
Salvaging property sunk and clearing obstacles without approval of the
competent authority
c) Failing
to pay the fees for salvage of property sunk and clearance of obstacles
according to regulations;
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4.
A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to salvage property sunk according to regulations;
b)
Failing to clear obstacles according to regulations;
5.
Remedial measures:
The
violators are compelled to salvage and clear obstacles if the violations
specified in Clause 4 of this Article are committed.
Article 9. Violations against regulations on regulation and
control of inland waterway navigation for the purpose of assurance about the
safety and anti-collision on inland waterways;
1.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failure to make entries in the construction
logbook or make entries in the construction logbook in accordance with
regulations.
2.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failure to properly implement the plan for
regulation and control of inland waterway navigation in order to ensure the
safety and anti-collision on inland waterways according to regulations
3.
A fine ranging from VND 20.000.000 to VND
35.000.000 shall be imposed for failure to have the plan for regulation and
control of inland waterway navigation in order to ensure the safety and
anti-collision on inland waterways according to regulations
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1.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failure to make an agreement on specifications
or make the plan for allocation of each signal before installation in
accordance with regulations.
2.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failure to maintain or install signals in
accordance with regulations.
Article 11. Violations against regulations on protection
for works of infrastructure of inland waterways
1.
A fine ranging from VND 500.000 to VND
1.000.000 shall be imposed for the commission of one of the following
violations:
a)
Dropping straw into water areas of inland waterways;
b) Tying
animals to inland waterway signals, water markers, surveying markers or
boundary markers of channel protection corridors.
2.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for the commission of one of the following
violations:
a)
Planting trees, placing objects, building cottages or other acts to obstruct or
limit the effects of inland waterway signals or limit visibility of the
operators of vessels;
b) Tying
vessels to inland waterway signals, water markers, surveying markers or
boundary markers of channel protection corridors.
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4.
A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for dropping mud, soil, stone, sand, gravel or other
waste into water areas of inland waterways.
5.
A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed for the commission of one of the following
violations:
a) Moving
inland waterway signals, water markers, surveying markers or boundary markers
of channel protection corridors without permission. The violation is not
eligible for criminal prosecution;
b) Making
inland waterway signals, water markers, surveying markers or boundary markers
of channel protection corridors useless. The violation is not eligible for
criminal prosecution
6.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the commission of one of the following violations:
a)
Dismantling works or taking soil and stones from works of infrastructures of
inland waterways without permission. The violation is not eligible for criminal
prosecution;
b)
Failing to drop mud, soil, stone, sand, gravel or other waste into water areas
of inland waterways in accordance with regulations;
c)
Failing to construct works, houses or floating houses in accordance with
regulations within the scope of channel protection corridors of inland waterways
or the scope of protection of other works of infrastructure of inland
waterways
7.
A fine ranging from VND 20.000.000 to VND
35.000.000 shall be imposed for the commission of one of the following
violations:
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b)
Failing to construct works, houses or floating houses in accordance with
regulations in port waters, landing stages and anchorages
8.
A fine ranging from VND 60.000.000 to VND
75.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to construct works, houses or floating houses in accordance with
regulations within the scope of channels of inland waterways;
b)
Intentionally posing obstacles on inland waterways to disrupt navigation. The
violation is not eligible for criminal prosecution;
c)
Operating vessels or letting vessels crash into works of infrastructure of
inland waterways or other works of inland waterways that effects the safety of
the works or disrupts navigation, except for regulations specified at Point b,
Clause 6, Article 25 of this Decree;
d) Using
explosive that effects the safety of works of infrastructure of inland
waterways or other works of inland waterways.
9.
Remedial measures:
a) Enforced
removal of animals, vessels, trees, objects, tents, shops, bamboo and wood in
case of commission of violations specified in Point b, Clauses 1,2,3 of this
Article;
b)
Enforced demolition of houses, floating houses, works in case of commission of
violations specified in Point c, Clause 6, Point b Clause 7 and Point a Clause
8 of this Article.
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1.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failure to properly implement the plan for
assurance about the safety of inland waterway navigation approved by the
competent authority in case of extraction of natural resources and minerals,
except for the cases specified in Article 10 of this Decree.
2.
A fine ranging from VND 20.000.000 to VND
35.000.000 shall be imposed for the commission of one of the following
violations:
b)
Failing to have the plan for assurance about the safety of inland waterway
navigation approved by the competent authority throughout the process of
extraction of natural resources and minerals;
b)
Failing to implement the plan for assurance about the safety of inland waterway
navigation approved by the competent authority in case of extraction of natural
resources and minerals, except for the cases specified in Article 10 of this
Decree.
Article 13. Violations against regulations on assurance
about the order and safety of inland waterway navigation in case of fisheries
and aquaculture (fish rafts, fish cages, bottom gillnets and aquaculture
milieus)
1.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for the commission of one of the following
violations:
a)
Catching mobile fisheries and aqua products or placing fishing gear and
equipment for fisheries and aquaculture disrupting inland waterway navigation;
b)
Failing to remove fishing gear, tools and equipment for fisheries and
aquaculture after the termination of operation of fisheries and aquaculture or
remove fishing gear, tools and equipment for fisheries and aquaculture in
accordance with the notification of the management unit of inland waterways;
c)
Failing to properly implement the plan for assurance about the safety of inland
waterway navigation approved by the competent authority, except for the cases
specified in Article 10 of this Decree.
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a) Failing
to have the plan for assurance about the safety of inland waterway navigation
approved by the competent authority;
b)
Failing to implement the plan for assurance about the safety of inland waterway
navigation approved by the competent authority, except for the cases specified
in Article 10 of this Decree;
c)
Failing to have a written agreement of the competent authority on the location
and scope of fisheries and aquaculture.
3.
Remedial measures:
d)
Enforced removal of fishing gear and tools for fisheries and aquaculture in
case of commission of violations specified in Point a, Clause 1 of this
Article;
b)
Enforced removal, relocation and narrowing of fishing gear and tools for
fisheries and aquaculture in case of commission of violations specified in Point
b, Clause 1 of this Article;
Article 14. Violations against regulations on assurance
about the order and safety of inland waterway navigation in case of
organization of entertainment activities, drills, sports, festivals, craft
villages and vocational training courses, market gathering
1.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for failure to properly implement the plan for
assurance about the safety of inland waterway navigation approved by the
competent authority, except for the cases specified in Article 10 of this
Decree.
2.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the commission of one of the following
violations:
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c)
Failing to have or implement the plan for assurance about the safety of inland
waterway navigation approved by the competent authority, except for the cases
specified in Article 10 of this Decree.
c)
Failing to organize market gathering in the suitable locations according to
regulations of the competent authority or organizing market gathering that
disrupts navigation
d)
Failing to request the competent authority to declare navigation restrictions
according to regulations;
Section 2. VIOLATIONS AGAINST REGULATIONS ON OPERATION OF VESSELS
Article 15. Violations against regulations on conditions
for operation of vessels
1.
A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to line, paint, attach registration numbers to vessels; line, paint,
attach registration numbers to vessels in accordance with regulations or ensure
that the registration numbers are not obscured, peeled and faded.
b)
Failing to line, paint, attach load lines to vessels; line, paint, attach load
lines to vessels in accordance with regulations or ensure that the load lines are
not obscured, peeled and faded.
c)
Failing to line, paint, attach signals that provide information about the
permitted numbers of passengers to vessels; line, paint, attach signals that
provide information about the permitted numbers of passengers in accordance
with regulations or ensure that the signals that provide information about the
permitted numbers of passengers are not obscured, peeled and faded.
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dd)
Failing to ensure the safety of operation and use of rudimentary vessels with a
deadweight tonnage of under 1 ton or a capacity of under 5 passengers according
to regulations.
e)
Failing to have inland waterway vessel registration certificates according to
regulations; using the inland waterway vessel registration certificates that
are corrected or erased or using the inland waterway vessel registration
certificates that are not granted by the competent authority.
g)
Failing to bring an original copy or certified true copy of an inland waterway
vessel registration certificate and a certificate of credit institution that is
valid (for mortgaged vessel) according to regulations;
h)
Failing to re-register vessels according to regulations or make declaration in
order to delete the name of vessel or properly make declaration in order to
register for vessels according to regulations.
2.
A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the commission of one of the following
violations, applicable to a motorized vessel with total main engine capacity of
between 5 horse powers and 15 horse powers or with a capacity of between 5
passengers and 12 passengers
a)
Failing to bring technical safety and environmental protection certificates of
vessels according to regulations;
b)
Failing to re-enter vessels at registry according to regulations;
c)
Failing to make declaration in order to delete the name of vessel or properly
make declaration in order to enter vessels at registry according to
regulations.
3.
A fine ranging from VND 3.000.000 to VND
4.000.000 shall be imposed for the commission of one of the following
violations, applicable to a non-motorized vessel with a deadweight tonnage of
between over 15 tonnes and under 250 tonnes or a capacity of between over 12
passengers and under 50 passengers, a motorized vessel with total main engine
capacity of between over 15 horse powers and 135 horse powers or with a
capacity of between over 12 passengers and 50 passengers:
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b)
Failing to have the list of crewmembers according to regulations.
4.
A fine ranging from VND 4.000.000 to VND
5.000.000 shall be imposed for the commission of one of the following
violations, applicable to a non-motorized vessel with a deadweight tonnage of
between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and
150 passengers; a motorized vessel with total main engine capacity of between
over 135 horse powers and 750 horse powers or with a capacity of between over
12 passengers and 150 passengers; a dredging vessel with a capacity of 500m3/h
or a crane vessel having lifting equipment with a lifting capacity of 50
tonnes:
a)
Committing one of violations specified in Clause 2 of this Article;
b)
Failing to have the list of crewmembers according to regulations;
c)
Failing to have logbooks or have logbooks with full information according to
regulations;
5.
A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for the commission of one of the following
violations, applicable to a non-motorized vessel with a deadweight tonnage of
over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with
total main engine capacity of over 750 horse powers or with a capacity of over
150 passengers; a dredging vessel with a capacity of 500m3/h or a
crane vessel having lifting equipment with a lifting capacity of 50 tonnes
a)
Committing one of violations specified in Clause of this Article;
b)
Failing to have the list of crewmembers according to regulations;
c)
Failing to have logbooks or have logbooks with full information according to
regulations;
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a) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon the motorized
vessel with total main engine capacity of between 5 horse powers and 15 horse
powers or with a capacity of between 5 passengers and 12 passengers;
b) A fine
ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, a motorized vessel with total main engine capacity of between over
15 horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers:
c) A fine
ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h or a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes
A fine
ranging from VND 15.000.000 to VND 20.000.000 shall be imposed upon a non-motorized
vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150
passengers; a motorized vessel with total main engine capacity of over 750
horse powers or with a capacity of over 150 passengers; a dredging vessel with
a capacity of 500m3/h or a crane vessel having lifting equipment
with a lifting capacity of 50 tonnes
7.
Additional penalties:
Confiscate
inland waterway vessel registration certificates or technical safety and
environmental protection certificates that are not granted by the competent
authorities according to regulations of Point e, Clauses 1 and 6 of this
Article.
8.
Remedial measures:
Enforced
return of inland waterway vessel registration certificates or technical safety
and environmental protection certificates which have been erased or corrected
that changes information to the competent agencies or persons that have granted
the certificates.
Article 16. Violations against regulations on the safety
equipment and tools of vessels
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2.
A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the commission of one of the following
violations, applicable to a rudimentary vessel with a deadweight tonnage of
under 1 ton or a capacity of under 5 passengers or a raft when operating on
inland waterways. The fine shall be imposed on each tool or equipment:
a)
Failing to adequately equip the safety equipment and tools (except for life
jackets and personal flotation devices), life-saving tools, fire prevention and
fighting, prevention of environmental pollution, mooring equipment, vessel
linkage tools;
b)
Failing to equip the right kind, allocate the correct positions of the safety
equipment and tools, (except for life jackets and personal flotation devices),
life-saving tools, fire prevention and fighting, prevention of environmental
pollution, mooring equipment, vessel linkage tools. Using the safety equipment
and tools (except for life jackets and personal flotation devices), life-saving
tools, fire prevention and fighting, prevention of environmental pollution,
mooring equipment, vessel linkage tools after the prescribed time of them;
3.
A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for the commission of violations specified in
Clauses 1, 2 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of between 1 tonnes and 15 tonnes or a capacity of between 5
passengers and 12 passengers, a motorized vessel with total main engine
capacity of under 5 horse powers or with a capacity of under 5 passengers.
4.
A fine ranging from VND 3.000.000 to VND
4.000.000 shall be imposed for the commission of one of violations specified in
Clauses 1, 2 of this Article, applicable to the motorized vessels with total
main engine capacity of between 5 horse powers and 15 horse powers or with a
capacity of between 5 passengers and 12 passengers
5.
A fine ranging from VND 4.000.000 to VND
5.000.000 shall be imposed for the commission of violations specified in
Clauses 1, 2 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of over 15 tonnes, a motorized vessel with total main engine
capacity of over 15 horse powers or with a capacity of over 12 passengers, an
accommodation vessel, a floating restaurant or a floating hotel.
6.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failure to install or equip the information
devices or the automatic identification device (AIS) on each vessel according
to regulations or maintain the operation of the information devices or the
automatic identification device (AIS) according to regulations, applicable to
each device.
Article 17. Violations against regulations on utilities,
the operation zones of vessels
1.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for the commission of one of the following
violations, applicable to a non-motorized vessel with a deadweight tonnage of
15 tonnes or a capacity of 12 passengers, a motorized vessel with total main
engine capacity of under 5 horse powers or with a capacity of under 5 passengers:
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b)
Failing to operate vessels at the proper zones
2.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the commission of one of violations specified in
Clause 1 of this Article, applicable to a motorized vessel with total main
engine capacity of between 5 horse powers and 15 horse powers or with a
capacity of between 5 passengers and 12 passengers.
3.
A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for the commission of one of violations specified in
Clause 1 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity
of between over 12 passengers and under 50 passengers, a motorized vessel with
total main engine capacity of between over 15 horse powers and 135 horse powers
or with a capacity of between over 12 passengers and 50 passengers.
4.
A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed for the commission of one of violations specified
in Clause 1 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of
between 50 passengers and 150 passengers; a motorized vessel with total main
engine capacity of between over 135 horse powers and 750 horse powers or with a
capacity of between over 50 passengers and 150 passengers; a dredging vessel
with a capacity of 500m3/h or a crane vessel having lifting equipment
with a lifting capacity of 50 tonnes
5.
A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for the commission of one of violations specified in
Clause 1 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a
motorized vessel with total main engine capacity of over 750 horse powers or
with a capacity of over 150 passengers; a dredging vessel with a capacity of up
to 500m3/h or a crane vessel having lifting equipment with a lifting
capacity of up to 50 tonnes.
6.
Additional penalties:
Suspend
the certificates of competency or professional certificates from 03 to 12
months for the violations specified in point Clauses 1,2,3,4 and 5 of this
Article.
Article 18. Violations against regulations on the use life
of vessels
1.
A fine ranging from 65.000.000 VND to
75.000.000 VND shall be imposed for operation and use of vessels exceeding the
prescribed use life
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Suspend
the certificates of competency or professional certificates from 09 to 12
months for the violations specified in point Clause 1 of this Article.
Article 19. Violations against regulations on operation of
construction, modification and repair of vessels
1.
A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to ensure the occupational safety and health according to regulations;
b)
Failing to ensure the safety conditions for fire prevention and fighting, take
measures for fire prevention and fighting according to regulations;
c)
Failling to have enough facilities; lacking one of equipment serving the
demands for construction or repair of vessels or failing to have equipment in
accordance with the national technical regulations of the establishments that
construct and repair vessels according to regulations;
d)
Failing to have or fully implement the plan for assurance about the safety of
inland waterway navigation when the vessels are lifted up sideway or launched
according to regulations.
2.
A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to have documents or proper implement the design documents approved by
the registry offices in case of construction, modification and repair of
vessels subject to registry;
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c)
Lacking at least 01 technical staff; a quality inspector or a shipbuilder
according to regulations.
3.
A fine ranging from 10.000.000 VND to
20.000.000 VND shall be imposed for operation of the modified vessels without
registry according to regulations.
4.
A fine ranging from 20.000.000 VND to
40.000.000 VND shall be imposed for failure to have enough documents on
environmental protection approved by the competent authority according to
regulations.
5.
A fine ranging from 60.000.000 VND to 75.000.000
VND shall be imposed for failure to establish the enterprises or the
cooperatives in case of construction, modification and repair of vessels
according to regulations.
6.
Remedial measures:
In case
of commission of violations specified in Point a, Clauses 2 and 3 of this
Article, the vessel owners shall register vessels according to regulations In
case the modified parts of vessels that are inspected by the registry offices
do not satisfy the technical requirements according to regulations, the parts
must be demolished.
Section 3. VIOLATIONS AGAINST REGULATIONS ON OPERATION OF CREWMEMBERS,
VESSEL OPERATORS AND VESSEL OWNERS
Article 20. Violations against regulations on
responsibilities of the owners or hirers of vessels
1.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the commission of one of the following
violations:
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b)
Failing to schedule break time for crewmembers working on the vessels according
to regulations;
c)
Failing to provide the sufficient quantity of annual leave for crewmembers
according to regulations;
d)
Failing to have adequate crewmembers according to regulations or using
crewmembers whose names are not in the crewmembers lists;
dd)
Receiving and using vessels that do not meet requirements for operation or
failing to have adequate crewmembers according to regulations;
e)
Receiving and using crewmembers working on vessels without certificates of
competency or professional certificates according to regulations
2.
A fine ranging from VND 20.000.000 to VND
35.000.000 shall be imposed for the commission of one of the following
violations:
a)
Leasing vessels that do not meet requirements for operation according to
regulations;
b)
Sub-leasing vessels or crewmembers to another persons (unless the vessel owners
approve in writing);
c) Using
the rental vessels as collateral.
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1.
A fine ranging from VND 500.000 to VND
1.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to instruct passengers to use fire-fighting equipment, personal
flotation devices, life-saving tools and exit devices;
b) The captain
does not directly assign the duties to the vice-captain or the authorized
person when leaving the vessel;
c) The
captain does not assign a crewman to watch the vessel when it is anchored or
inspect the vessel when it is navigating under restricted visibility
conditions;
d) The
crewman who is assigned to watch the vessel when it is anchored is absent on
the vessel or does not watch the vessel according to regulations;
dd) The
captains, vice-captains, chief engineers or deputy chief engineers are absent
on the vessel throughout their shifts according to regulations when the vessels
are navigating;
e)
Failing to notify the Maritime Administration that issue the permit of
clearance of inland waterway port; landing stage or anchorage of the change of
crewmembers when the vessel leaves the port, landing stage or anchorage;
g)
Failing to have or write a detailed assignment table for each title on the
vessel
2.
A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for the commission of one of the following
violations:
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b) The
captain does not directly operate the vessel when crossing the bridges, locks;
exiting, entering the ports, landing stages, anchorages and other cases
according to regulations;
c) The
crewmembers who are not captains directly operate vessels when crossing
bridges, locks; entering or exiting ports, landing stages, anchorages or other
cases according to regulations. Meanwhile, the captains shall directly steer
vessels in these cases.
d)
Receiving and using vessels that do not meet requirements for operation or
failing to have adequate vessels according to regulations;
dd)
Receiving and using crewmembers working on vessels without certificates of
competency or professional certificates according to regulations
e)
Failing to allocate the titles to crewmembers in conformity with the
certificates of competency or professional certificates of the crewmembers
3.
Saction of administrative violations shall be
imposed on the crewmembers or operators who are working in their shifts with
BAC or BrAC as follows:
a) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a crewman or
operator who is working on the vessel with BAC that does not exceed 50 mg per
100 ml of blood or BrAC that not exceed 0,25 mg per liter of breath
b) A fine
ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a crewman or
operator who is working on the vessel with BAC that exceeds 50 - 80 mg per 100 ml
of blood or BrAC that exceeds 0,25 – 0,4 mg per liter of breath.
c) A fine
ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for a crewman or
operator who is working on the vessel with BAC that exceeds 80 mg per 100 ml of
blood or BrAC that exceeds 0,4 mg per liter of breath
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a)
Suspend the certificates of competency or professional certificates from 01 to
02 months for the violations specified in point b Clause 3 this Article.
b)
Suspend the certificates of competency or professional certificates from 02 to
04 months for the violations specified in point c Clause 3 of this Article.
Article 22. Violations against regulations on use of
certificates of competency or professional certificates
1.
A fine ranging from VND 500.000 to VND
1.000.000 shall be imposed for a crewman or operator who does not bring a
certificate of competency or professional certificate according to regulations
2.
A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed for a operator who does not have a professional
certificate or have a professional certificate that is not suitable for the
type of vessel according to regulations or is being suspended the professional
certificate
3.
Saction of administrative violations shall be
imposed for crewmembers who do not have certificates of competency or use
certificates of competency that are expired according to regulations or are
being suspended the certificates of competency as follows:
a) A fine
ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for a crewman who
must have a four-class certificate of competency of master according to
regulations;
b) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a crewman who
must have a third-class certificate of competency of master or a third-class
certificate of competency of chief engineer according to regulations;
c) A fine
ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a crewman who must
have a second-class certificate of competency of master or a second-class
certificate of competency of chief engineer according to regulations;
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4.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for leasing, lending or hiring, borrowing, erasing
or correcting a professional certificate; making false declaration for the
purpose of issuance, re-issuance or change of a professional certificate or
using a professional certificate with a serial number at the back that is not the
same as the latest serial number issued in the book of the competent authority
or a professional certificate that is not issued by the competent authority.
5.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for leasing, lending or hiring, borrowing, erasing
or correcting a certificate of competency of master and chief engineer; making
false declaration for the purpose of issuance, re-issuance or change of a
certificate of competency or using a certificate of competency of master and
chief engineer with a serial number at the back that is not the same as the
latest serial number issued in the book of the competent authority or a
certificate of competency of master and chief engineer that is not issued by
the competent authority.
6.
Additional penalties:
a)
Suspend the certificate of competency or professional certificate from 06 to 12
months for leasing, lending the certificate of competency or professional
certificate specified in Clauses 3,4 of this Article.
b)
Confiscate the certificate of competency or professional certificate in case of
making of false declaration for the purpose of issuance, re-issuance or change
of the certificate of competency or professional certificate or use of the
certificate of competency or professional certificate with a serial number at
the back that is not the same as the latest serial number issued in the book of
the competent authority or person; or the certificate of competency or
professional certificate that is not issued by the competent authority
according to regulations of Clauses 4.5 of this Article.
7.
Remedial measures:
Enforced
return of certificates of competency or professional certificates of
crewmembers and operators which have been erased or corrected to the competent
agencies or persons that have issued the certificates according to regulations
of Clauses 4,5 of this Article.
Article 23. Violations against regulations on training and
advanced training for crewmembers and operators
1.
A fine ranging from 1.000.000 VND to 2.000.000
VND shall be imposed for using vessels for the purpose of practice without the
signals for “training vessels” according to regulations.
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3.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to ensure the conditions of classrooms and exam rooms according to
regulations;
b)
Failing to meet the standards of workshops and practice areas according to
regulations;
c)
Failing to ensure teaching materials according to regulations;
d)
Lacking at least 01 theory teacher or practice teacher; failing to have theory
teachers or practice teachers who meet requirements according to regulations;
dd)
Failing to perform or adequately perform training contents and programs
according to regulations;
e)
Failing to enroll in accordance with regulations.
g)
Failing to organize training and advanced training at the location approved by
the competent authority.
4.
A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for training crewmembers and operators of inland
waterway vessels without certificates of eligibility for provision of
crewmembers training services issued by the competent authorities or failing to
train crewmembers and operators according to certificates of eligibility for
provision of crewmembers training services issued by the competent authorities
in accordance with regulations.
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6.
Additional penalties:
Suspend
operation for 03 - 06 months in case the training facilities commit the
violations specified in Clauses 3,4,5 of this Article;
Article 24. Violations against regulations on
responsibilities when accidents happen on inland waterways
1.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for failure to promptly notify the nearest police
offices, Maritime Administration or the People's Committee when accidents
happen on inland waterways.
2.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the commission of one of the following
violations:
a)
Failing to be present on time according to the convening time of the competent
state agency;
b)
Failing to provide sufficient documents and evidences regarding accidents.
3.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failure to protect traces and evidences or
change of traces and evidences regarding accidents.
4.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the commission of one of the following
violations:
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b)
Causing disorder or obstructing the rescue and handling of accidents.
5.
A fine ranging from VND 60.000.000 to VND 75.000.000
shall be imposed for hit and run. The violation is not eligible for criminal
prosecution.
Section 4. VIOLATIONS AGAINST REGULATIONS ON NAVIGATION AND VESSELS'
SIGNALS
Article 25. Violations against regulations on navigation
1.
A fine ranging from VND 500.000 to VND
1.000.000 shall be imposed for operating a non-motorized vessel with a
deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized
vessel with total main engine capacity of 15 horse powers or with a capacity of
12 passengers:
a)
Clinging or typing their vessels to passenger vessels or dangerous cargo
vessels also underway or letting passenger vessels or dangerous cargo vessels
cling or tie to their vessels, except for the case of rescue, salvage or force
majeure circumstances.
b)
Failing to comply with instructions of inland waterway signals or instructions
of navigation regulators, except for the acts specified at Point b, Clause 6 of
this Article;
b)
Failing to reduce the speed of vessels according to regulations;
d) Failing
to send signals of vessels according to regulations when the vessels enter,
leave ports, landing stages, anchorages or navigate under restricted visibility
conditions or at cross-channels or channel bends;
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e)
Overtaking other vessels without receiving signals to overtake from that
vessels;
g)
Overtaking at the places where there are overtaking signs, vessels approaching
or obstructions ahead; at cross-channels, channel bends or at places where
there are narrow- channel signs; when sailing through the clear spans or locks;
h)
Failing to keep out of the way of, or give way to, other vessels according to
regulations;
i)
Anchoring vessels at the moorings that are prohibited; failing to comply with
regulations on anchoring of vessels or anchoring vessels that causes traffic
disruption, except for the cases specified in Clause 4, Article 31 and Clause
6, Article 35 of this Decree.
2.
Sanction of administrative violations for
violations specified in Clause 1 of this Article shall be imposed on each type
of vessel, as follows:
a) A fine
ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, motorized vessel with total main engine capacity of between over 15
horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers:
b) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h or a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes and tow
convoy with a deadweight tonnage of 1500 tonnes;
c) A fine
ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a
capacity of over 150 passengers; a motorized vessel with total main engine
capacity of over 750 horse powers or with a capacity of over 150 passengers; a
dredging vessel with a capacity of 500m3/h; crane vessel that has
lifting equipment with a lifting capacity of 50 tonnes and and tow convoy with
a deadweight tonnage of 1500 tonnes.
3.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for operating a non-motorized vessel with a
deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized
vessel with total main engine capacity of 15 horse powers or with a capacity of
12 passengers in case of commission of one of the following violations:
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b)
Weaving the vessels that causes danger in inland waterway navigation;
c)
Operating the vessels in a manner that cause big waves damaging navigation and
irrigation works;
d)
Operating vessels over the speed limit.
4.
Saction of administrative violations for
violations specified in Clause 3 of this Article shall be imposed on each type
of vessel, as follows:
a) A fine
ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, motorized vessel with total main engine capacity of between over 15
horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers;
b) A fine
ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h or a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes and tow
convoy with a deadweight tonnage of 1500 tonnes;
c) A fine
ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity
of over 150 passengers; a motorized vessel with total main engine capacity of
over 750 horse powers or with a capacity of over 150 passengers; a dredging
vessel with a capacity of 500m3/h or a crane vessel having lifting
equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight
tonnage of 1500 tonnes.
5.
A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for participating in illegal racing on inland
waterways.
6.
A fine ranging from VND 60.000.000 to VND
75.000.000 shall be imposed for the commission of one of the following
violations:
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b)
Operating vessels without compliance with instructions of inland waterway
signals or instructions of navigation regulators that causes accidents or
congestion;
7.
Additional penalties:
a)
Suspend certificates of competency or professional certificates from 03 to 06
months for the violations specified in point b Clauses 3 and 4 this Article.
b)
Suspend certificates of competency or professional certificates from 06 to 12
months for the violations specified in Clauses 5 of this Article.
c)
Suspend certificates of competency or professional certificates from 12 to 18
months for the violations specified in point b Clauses 6 of this Article.
Article 26. Violations against regulations on sound
signals, light signals, signals and signal flags (hereinafter referred to as
“signals”) of vessels
A
fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for the
commission of one of the following violations, applicable to a non-motorized
vessel with a deadweight tonnage of under 50 tonnes; a motorized vessel with
total main engine capacity of under 5 horse powers or rafts
a) Failing to adequately and properly arrange each
signal on a vessel according to regulations
b)
Failing to arrange each signal on a vessel in accordance with regulations.
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2.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for the commission of one of violations specified in
Clause 1 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of 50 tonnes or above, a motorized vessel with total main
engine capacity of between 5 horse powers and under 50 horse powers.
3.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon a motorized vessel with total main engine
capacity of 50 horse powers or above, or with a speed of over 30km/h; a
motorized passenger vessel; a pilot vessel, a vessel engaged in operations on
channels; a fishing vessel; a dangerous cargo vessel; a vessel with diseased
people or animals, tow convoy or a vessel aground on channels
Section 5. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND OPERATION OF
INLAND WATERWAY PORTS, LANDING STAGES AND ANCHORAGES
Article 27. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND OPERATION
OF INLAND WATERWAY PORTS, LANDING STAGES AND ANCHORAGES
1.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon an owner of an anchorage or a manager for
operation of an anchorage who commits any of the following violations:
a)
Failing to ensure the safety conditions of one of the anti-collision buffer
devices, gangways, mooring poles or buoys and night lights according to
regulations;
b)
Failing to adequately equip anti-collision buffer devices, gangways, mooring
poles, buoys or night lights;
c)
Failing to adequately equip prevention and fighting equipment in accordance
with regulations;
2.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon an owner of an anchorage or a manager for
operation of an anchorage who commits any of the following violations:
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b)
Operating outside the scope of water areas according to regulations; c) Failing
to operate with true purposes in accordance with regulations of Decision on
declaration of operation.
3.
A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed upon an owner of an anchorage or a manager for
operation of an anchorage who commits any of the following violations:
a)
Failing to re-declare activities in cases where it is required by law to
re-declare;
b)
Failing to demolish works, equipment, signals and clear obstacles when the
decision on closure of anchorages is promulgated.
c) Using
equipment for cargo loading and uploading without registration, registry or
assurance about the safety standards for technical systems and equipment
according to regulations.
4.
A fine ranging from 30.000.000 VND to
40.000.000 VND shall be imposed for failure to have a written agreement of the
inland waterway navigation competent authority before establishment of
anchorages5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for operation of anchorages at the time on which it is suspended or expired.
6.
Remedial measures:
Enforced
demolition of works, equipment, signals or clearance of obstacles in case of
commission of the violations in Point b Clause 3 of this Decree.".
Article 28. Violations against regulations on management
and operation of landing stages.
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a)
Failing to have the internal rules board or put up the internal rules board in
accordance with regulations;
b)
Failing to have the board showing ticket prices or have the board showing
ticket prices in passenger landing stages in accordance with regulations;
c)
Failing to ensure the safety conditions of one of the anti-collision buffer
devices, gangways, mooring poles, buoys or night lights according to
regulations;
d)
Failing to adequately equip anti-collision buffer devices, gangways, mooring
poles, buoys, night lights; have waiting areas for passengers in accordance
with regulations;
dd)
Failing to issue, declare or properly implement the process of cargo loading
and uploading according to regulations
e)
Failing to adequately equip fire prevention and fighting equipment in
accordance with regulations;
2.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon an owner of a landing stage or a manager for
operation of a landing stage who commits any of the following violations:
a)
Failing to provide transport in order to connect and support the disabled and
the elderly at the passenger landing stages according to regulations;
b)
Operating outside the scope of water areas according to regulations;
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d)
Allowing the vessels to load or unload goods; embark and disembark passengers
without permission of the competent authority according to regulations
dd)
Failing to provide services in accordance with the list price or within the
price range according to regulations;
e)
Assigning people who do not have professional certificates or certificates of
operation of vessels and equipment to operate equipment for loading and
unloading according to regulations;
3.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon an owner of a landing stage or a manager for
operation of a landing stage who commits any of the following violations:
a)
Failing to re-declare activities in cases when it is required by law to
re-declare;
b)
Failing to demolish works, equipment, signals and clear obstacles after having
the decision on closure of landing stages.
c) Using
equipment for cargo loading and uploading without registration, registry or
assurance about the safety standards for technical systems and equipment
according to regulations.
4.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon an owner of a landing stage or a manager for
operation of a landing stage who changes the structure, size and use of the
works against regulations of the decision on declaration or operating license
without permission;
5.
A fine ranging from 20.000.000 VND to
30.000.000 VND shall be imposed for failure to have a written agreement of the
inland waterway navigation competent authority before construction or
renovation of the landing stage
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7.
Remedial measures:
Enforced
demolition of works, equipment, signals or clearance of obstacles in case of
commission of the violations in Point b Clause 3 of this Decree.".
Article 29. Violations against regulations on operation of
inland waterway ports.
1.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon an owner of an inland waterway port or a
manager for operation of an inland waterway port who commits any of the
following violations:
a)
Failing to have the board showing internal rules of operation or put up the
board showing internal rules of operation according to regulations;
b)
Failing to have the board showing ticket prices or have the board showing ticket
prices in passenger ports in accordance with regulations;
c)
Failing to ensure the safety conditions of one of the anti-collision buffer
devices, gangways, mooring poles, buoys or night lights according to
regulations;
d) Failing
to adequately equip anti-collision buffer devices, gangways, mooring poles,
buoys, night lights; have waiting areas for passengers in accordance with
regulations;
dd)
Failing to issue, declare or properly implement the process of cargo loading
and uploading according to regulations
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2.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon an owner of an inland waterway port or a manager
for operation of an inland waterway port who commits any of the following
violations:
a)
Failing to provide transport in order to connect and support the disabled and
the elderly at the passenger ports according to regulations;
b)
Operating outside the scope of water areas according to regulations;
c)
Failing to operate with true purposes in accordance with regulations of
Decision on declaration of operation.
d)
Allowing the vessels to load or unload goods; embark and disembark passengers
without permission of the competent authority according to regulations
dd)
Failing to provide services in accordance with the list price; within the price
range. Providing services with the price that is higher than the maximum
price or lower than the minimum price according to regulations;
e)
Assigning people who do not have professional certificates or certificates of
operation of vessels and equipment to operate equipment for loading and
unloading according to regulations;
3.
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon an owner of an inland waterway port or a
manager for operation of an inland waterway port who fails to maintain and
inspect the quality of the inland waterway port according to regulations.
4.
A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed upon an owner of an inland waterway port or a
manager for operation of an inland waterway port who commits any of the
following violations:
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b)
Failing to demolish works, equipment, signals and clear obstacles after having
the decision on closure of inland waterway ports."
c) Using
equipment for cargo loading and uploading without registration, registry or
assurance about the safety standards for technical systems and equipment
according to regulations;
d)
Changing the structure, size and use of the works against regulations of the
decision on declaration of operation without permission;
5.
A fine ranging from 30.000.000 VND to 40.000.000
VND shall be imposed for failure to have a written agreement of the inland
waterway navigation competent authority before construction or renovation of
the inland waterway port
6.
A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for operation of inland waterway ports at the time
on which it is suspended or expired.
7.
Sanction of administrative violations shall be
imposed on violations against regulations on assurance about the security of
the inland waterway port receiving foreign waterway vessels, as follows:
a) A fine
ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to
establish procedures for annual certification of statement of compliance
security of inland waterway port facility; implement the plan for the security
of inland waterway port facility which has been approved; allocate or
adequately allocate people who are responsible for the security of inland
waterway port facility according to regulations;
b) A fine
ranging from VND 10.000.000 to 15.000.000 shall be imposed on failure to have
statement of compliance security of inland waterway port facility or use of
statement of compliance security of inland waterway port facility which has
expired.
8.
Remedial measures:
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Article 30. Violations against regulations on embarkation
and disembarkation of passengers; loading and uploading cargo of a manager for
operation of ports, landing stages and anchorages.
1.
Sanction of administrative violations shall be
imposed on managers of operation of ports, landing stages and anchorages who
let vessels commit violations against regulations on embarkation and disembarkation
of passengers; cargo loading and uploading at inland waterway ports and landing
stages, as follows:.
a) A fine
ranging from 200.000 VND to 500.000 VND shall be imposed for each passenger
being allowed to enter the vessel after it has been filled to capacity;
b) A fine
ranging from 300.000 VND to 500.000 VND shall be imposed for loading each
motorbike into the vessel after it has been filled to capacity according
to regulations;
c) A fine
ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for loading each
car into the vessel after it has been filled to capacity according to
regulations;
d) A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for loading cargoes
into each vessel that makes the vessel submerge more deeply than its load line
according to regulations;
dd) A
fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for loading
cars into each vessel that is not allowed to transport cars;
2.
Sanction of administrative violations shall be
imposed for cars that transport cargoes in excess of prescribed tonnage being
allowed to leave inland waterways ports, landing stages, as follows:
a) A fine
ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for each car
(including trailers and semi-trailers) that carries cargo beyond the maximum
permissible payload written in the Certificate of technical and environmental
safety by exceeding 10% to 30% (for vehicles other than tanker trucks) or by
exceeding 20% to 30% (for tanker trucks) being allowed to leave inland waterway
port or landing stage;
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c) A fine
ranging from 5.000.000 VND to 7.000.000 VND shall be imposed for each car
(including trailers and semi-trailers) that carries cargo beyond the maximum
permissible payload written in the Certificate of technical and environmental
safety by exceeding 50% to 100% being allowed to leave inland waterway port or
landing stage;
d) A fine
ranging from 7.000.000 VND to 8.000.000 VND shall be imposed for each car
(including trailers and semi-trailers) that carries cargo beyond the maximum
permissible payload written in the Certificate of technical and environmental
safety by exceeding 100% to 150% being allowed to leave inland waterway port or
landing stage;
dd) A
fine ranging from 8.000.000 VND to 12.000.000 VND shall be imposed for each car
(including trailers and semi-trailers) that carries cargo beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 150% being allowed to leave inland waterway port or landing stage.
3.
A fine ranging from 20.000.000 VND to
35.000.000 VND shall be imposed for anchoring vessels for loading and unloading
cargos, embarking and disembarking passengers at the places without declaration
or permission to operate inland waterway port, landing stage or anchorage
according to regulations.
4.
Remedial measures:
Enforced
disembarkation of excess passengers, motorbikes, cars and goods or
disembarkation of passengers, motorbikes, cars and goods that are not allowed
to transport in case of commission of violations specified in Clause 1 of this
Article.
Article 31. Violations against regulations on operation of
vessels, seaplanes within the scope of ports, landing stages or anchorages
1.
A fine ranging from 500.000 VND to 1.000.000
VND shall be imposed for failure to allow people of other vessels to get on
their vessels.
2.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for the commission of one of the following
violations against regulations on inland waterway ports, landing stages or
anchorages.
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a) A fine
ranging from VND 500.000 to VND 1.000.000 shall be imposed for a non-motorized
vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a
motorized vessel with total main engine capacity of 15 horse powers or with a
capacity of 12 passengers;
b) A fine
ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, a motorized vessel with total main engine capacity of between over
15 horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers:
c) A fine
ranging from VND 2.000.000 to VND 4.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h or a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes
d) A fine
ranging from VND 4.000.000 to VND 6.000.000 shall be imposed for a
non-motorized vessels with a deadweight tonnage of over 1.000 tonnes or a
capacity of over 150 passengers; a motorized vehicles with total main engine
capacity of over 750 horse powers or with a capacity of over 150 passengers; a
dredging vessel with a capacity of 500m3/h or a crane vessel having
lifting equipment with a lifting capacity of 50 tonnes.
4.
Sanction of administrative violations shall be
imposed on removing vessels without permission or anchoring vessels at wrong
places according to regulations within the scope of water areas of inland
waterway ports, landing stages or anchorages, as follows:
a) A fine
ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12
passengers, a motorized vessel with total main engine capacity of 15 horse
powers or with a capacity of 12 passengers;
b) A fine
ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, a motorized vessel with total main engine capacity of between over
15 horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers;
c) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h or a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes;
d) A fine
ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a
capacity of over 150 passengers; a motorized vessel with total main engine
capacity of over 750 horse powers or with a capacity of over 150 passengers; a
dredging vessel with a capacity of 500m3/h or a crane vessel having
lifting equipment with a lifting capacity of 50 tonnes.
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a) A fine
ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for failure to
notify or notify by the deadline before putting a seaplane into an inland
waterway port, a landing stage or an anchorage;
b) A fine
of from VND 2.000.000 to VND 4.000.000 shall be imposed for removing a seaplane
without permission or anchoring a seaplane at a wrong place according to
regulations within the scope of a water area of inland waterway port, landing
stage or anchorage;
c) A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to have a
permit for entering or leaving ports, landing stages or anchorages
6.
Sanction of administrative violations shall be
imposed on failure to have permits for entering or leaving inland waterway
ports, landing stages or anchorages or have dispatch order according to
regulations, as follows:
a) A fine
ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12
passengers, a motorized vessel with total main engine capacity of 15 horse powers
or with a capacity of 12 passengers;
b) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, a motorized vessel with total main engine capacity of between over
15 horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers;
c) A fine
ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h or a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes;
d) A fine
ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a
capacity of over 150 passengers; a motorized vessel with total main engine
capacity of over 750 horse powers or with a capacity of over 150 passengers; a
dredging vessel with a capacity of 500m3/h or a crane vessel having
lifting equipment with a lifting capacity of 50 tonnes.
Section 6. VIOLATIONS AGAINST REGULATIONS ON INLAND WATERWAY TRANSPORT
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1.
A fine ranging from 500.000 VND to 1.000.000
VND shall be imposed for every excess passenger carried beyond the permissible
limits of passenger vessels, accommodation vessels, floating restaurants
or floating hotels
2.
A fine of from VND 1.000.000 to VND 2.000.000
shall be imposed for an operator of a vessel with capacity of 12 passengers in
case of commission of one of the following violations:
a)
Failing to arrange seats for passengers; letting passengers to stand on the
vessels or having other acts causing unsafe vessels;
b)
Loading passengers, cargoes, luggage, bicycles, motorbikes and other vehicles
into a vessel that tilts the vessel or obscures the vision of the operator;
loading cargoes and luggage on the gangway of passengers;
c)
Failing to disseminate the rules and give instructions on the use of
life-saving equipment and tools, exit devices or fire-fighting equipment to
passengers on the vessel;
d)
Carrying small animals without cages or kennels; carrying large animals together
with passengers on the vessel;
dd)
Carrying toxic, flammable, explosive goods and/or diseased animals together
with passengers on the vessel;
e)
Failing to have the list of passengers on each voyage or have the list of passengers
in accordance with regulations, except for cross-river passenger transport
3.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for failure to run according to the right routes,
except for passenger transportation by contracts, abandoning the turns
registered, transferring passengers to another vessels without the consent of
the passengers, applicable to a vessel with a capacity of 12 passengers.
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a) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a vessel with
capacity of between 12 passengers and 50 passengers:
b) A fine
ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a vessel with
capacity of between 50 passengers and 150 passengers:
c) A fine
ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for a vessel with
capacity of 150 passengers:
5.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for passenger, luggage or consigned baggage transport business
by a vessel on fixed routes in case of commission of one of the following
violations:
a)
Failing to provide information about the quality of passenger, luggage or
consigned baggage transport services on the website of a service provider or at
a port, landing stage or ticket counter for passengers so that they can know
the services before voyages;
b)
Failing to have an information board at a port, landing stage or ticket counter
by both Vietnamese and English about departure time, number of voyages, ticket
prices, policies on reduction of ticket prices of people dealing in transport
according to regulations of the law (including rest areas and break time),
services serving passengers on the journey, passenger insurance, baggage
allowance and phone numbers in order to receive feedbacks from passengers;
c)
Failing to have an information board by both Vietnamese and English about the
hotline of an organization, individual, management authority, search and rescue
unit and rules of a vessel.
d)
Failing to have an instruction board on the use of fire-fighting equipment,
life-saving tools and exit devices;
dd)
Committing violations against regulations on management, storage and provision
of compulsory information to the competent authorities when it is required
according to regulations;
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g)
Failing to annually organize the drills of rescue from collision, breakdown of
machine, fire or explosion according to regulations;
h)
Failing to give passenger tickets, receipts of luggage transport charges,
consigned baggage to persons who have fully paid transport charges;
6.
A fine ranging from 60.000.000 VND to
75.000.000 VND shall be imposed for failure to establish the enterprises or the
cooperatives in case of passenger transport business according to fixed routes,
passenger transport business under the contracts, passenger transport business
for the purpose of travel according to regulations.
7.
Additional penalties:
a)
Suspend certificates of competency or professional certificates from 02 to 04
months in case of carrying over 30% to 50% of persons permitted to carry
according to regulations of Clause 1 of this Article;
b)
Suspend a certificate of competency of master or a professional certificate of
an operator from 06 to 12 months if the captain or operator carries over 50% of
persons permitted to carry according to regulations of Clause 1 of this Article
Article 33. Violations against regulations on
responsibility for purchasing civil liability insurance in transportation
activities
1.
Sanction of administrative violations shall be
imposed on failure to buy civil liability insurance between the owner and the
third parties:
a) A fine
ranging from VND 500.000 to VND 1.000.000 shall be imposed for a non-motorized
vessel with a deadweight tonnage of between over 15 tonnes and under 250
tonnes, motorized vessel with total main engine capacity of between over 15
horse powers and 135 horse powers;
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c) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes, a
motorized vessel with total main engine capacity of between over 750 horse
powers;
2.
Sanction of administrative violations shall be
imposed on failure to buy civil liability insurance between the owner and
passengers, between the owner and third parties:
a) A fine
of from VND 1.000.000 to VND 2.000.000 shall be imposed for a vessel with a capacity
of 12 passengers;
b) A fine
ranging from VND 2.000.000 to VND 4.000.000 shall be imposed for a vessel with
capacity of between 12 passengers and 50 passengers:
c) A fine
ranging from VND 4.000.000 to VND 6.000.000 shall be imposed for a vessel with
capacity of between 50 passengers and 150 passengers:
d) A fine
ranging from VND 6.000.000 to VND 8.000.000 shall be imposed for a vessel with
capacity of over 150 passengers;
Article 34. Violations against regulations on traffic
safety of persons, passengers on the vessels.
1.
A fine ranging from 300.000 VND to 500.000 VND
shall be imposed for failure to observe safety internal rules on the vessels or
abide by the guidance of the crewmembers, the operators, except for cases
specified in Clause 3 of this Article.
2.
A fine of from VND 500.000 to VND 1.000.000
shall be imposed for commission of one of the following violations:
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b)
Causing disorder, unsafe on vehicles.
3.
A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for failure to wear life jacket or equip personal
flotation device in case of participation in traffic on a non-motorized vessel
with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a
motorized vessel with total main engine capacity of 15 horse powers or with a
capacity of 12 passengers or a vessel engaged in cross-river passenger
transport.
Article 35. Violations against regulations on loading and
unloading of goods on vessels
1.
A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for a crewmembers or an operator operating a
non-motorized vessel with a deadweight tonnage of 15 tonnes, a motorized vessel
with total main engine capacity of 15 horse powers in case of commission of the
following violations:
a)
Loading and unloading goods making vehicles tilted;
b)
Arranging goods making visibility of the drivers of the vehicles be obstructed
or the operation of steering systems, anchors and other safety equipment interfered;
c)
Arranging goods exceeding the size of width; incline of the means.
2.
A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for commission of one of violations specified in
Clause 1 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of between over 15 tonnes and under 250 tonnes or a
capacity of between over 12 passengers and under 50 passengers, a motorized
vessel with total main engine capacity of between over 15 horse powers and
under 135 horse powers or with a capacity of between over 12 passengers and
under 50 passengers
3.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for commission of one violations specified in
Clause 1 of this Article, applicable to a non-motorized vessel with a
deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of
between 50 passengers and 150 passengers, a motorized vessel with total main
engine capacity of between over 135 horse powers and 750 horse powers or with a
capacity of between over 50 passengers and 150 passengers.
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5.
Sanction of administrative violations shall be
imposed for violations against regulations on uploading, loading or
transporting motorbikes, cars on the vessels, as follows:
a) A fine
ranging from 300.000 VND to 500.000 VND shall be imposed per motorbike carried
in excess of those permitted to carry for vessels carrying motorbikes
b) A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed per car carried in
excess of those permitted to carry for vessels carrying cars; per car that is not
allowed to carry for vessels carrying cars according to regulations.
6.
Sanction of administrative violations shall be
imposed for anchoring vessels for loading and unloading cargos, embarking and
disembarking passengers at the places without declaration or permission to
operate, as follows:
a) A fine
of from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized
vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a
motorized vessel with total main engine capacity of 15 horse powers or with a
capacity of 12 passengers;
b) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, a motorized vessel with total main engine capacity of between over
15 horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers;
c) A fine
ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h or a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes;
d) A fine
ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a
capacity of over 150 passengers; a motorized vessel with total main engine
capacity of over 750 horse powers or with a capacity of over 150 passengers; a
dredging vessel with a capacity of 500m3/h or a crane vessel having
lifting equipment with a lifting capacity of 50 tonnes.
7.
Additional penalties:
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8.
Remedial measures:
a) Forced
to rearrange goods as prescribed for violations prescribed in Clauses 1,2,3 and
4 of this Article;
b) Forced
to disembark excess motorbikes, cars from vessels in case of commission of
violations specified in Clause 5 of this Article.
Article 36. Violations against regulations on dangerous
goods transportation
1.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for commission of one of the following violations:
a) The
crewmembers or operator of a vessel carrying dangerous cargoes not having a
special professional certificate
b)
Failing to comply with regulations on transport of dangerous cargoes written in
the transportation permit
c) Failing
to equip with facilities and equipment to prevent and fight fire, explosion,
toxic
d)
Failing to have dangerous goods symbols or danger signs;
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e)
Failing to wash, clean vessels after transportation of dangerous goods in
accordance with regulations.
2.
A fine ranging from 25.000.000 VND to
35.000.000 VND shall be imposed for failure to have permits for transport of
dangerous goods of the competent agencies or plans for response to oil
pollution, chemical pollution from vessels approved by the competent agencies
according to regulations in case of transport of petrol, oil or toxic liquid.
3.
Additional penalties:
Suspend
certificates of competency or professional certificates from 03 to 06 months
for the violations specified in point c Clauses 1 and 2 this Article.
Article 37. Violations against regulations on transport
across borders or transport of super-length, super-weight goods
1.
A fine ranging from 3.000.000 VND to 5.000.000
VND shall be imposed for transporting cargoes, passengers across a border
without a cross border transport permit of the competent state agency
2.
A fine ranging from 5.000.000 VND to
10.000.000 VND shall be imposed for failure to transport super-length,
super-weight goods according to the plan to ensure safety approved by the
competent state agency.
3.
A fine ranging from 10.000.000 VND to
15.000.000 VND shall be imposed for failure to transport super-length,
super-weight goods without the plan to ensure safety approved by the competent
state agency.
4.
Additional penalties:
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Article 38. Violations against regulations on carrying
beyond the load lines of vessels
1.
A fine ranging from 500.000 VND to 1.000.000
VND shall be imposed for transporting goods over the load lines to one fifth of
the freeboard height of each vessel, except for cases specified in Clause 5
Article 35 of this Decree.
2.
Sanction of administrative violation shall be
imposed for transporting goods over the load line of each vessel from one fifth
to one second of the freeboard height of each vessel except for cases specified
in Clause 5 Article 35 of this Decree, as follows:
a) A fine
ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12
passengers, a motorized vessel with total main engine capacity of 15 horse
powers or with a capacity of 12 passengers;
b) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between over 15 tonnes and
under 250 tonnes or a capacity of between over 12 passengers and under 50
passengers, a motorized vessel with total main engine capacity of between over
15 horse powers and 135 horse powers or with a capacity of between over 12
passengers and 50 passengers;
c) A fine
ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for non-motorized
vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a
capacity of between 50 passengers and 150 passengers; a motorized vessel with
total main engine capacity of between over 135 horse powers and 750 horse
powers or with a capacity of between over 50 passengers and 150 passengers; a
dredging vessel with a capacity of 500m3/h; a crane vessel having
lifting equipment with a lifting capacity of 50 tonnes or tow convoy with a
deadweight tonnage of 1500 tonnes;
d) A fine
ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a
capacity of over 150 passengers; a motorized vessel with total main engine
capacity of over 750 horse powers or with a capacity of over 150 passengers; a
dredging vessel with a capacity of 500m3/h; a crane vessel having
lifting equipment with a lifting capacity of 50 tonnes or tow convoy with a
deadweight tonnage of 1500 tonnes.
3.
Sanction of administrative violation shall be
imposed for carrying cargoes over the load line more than one second of
freeboard height of each vessel, except for cases specified in Clause 5 Article
35 of this Decree, as follows:
a) A fine
ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12
passengers, a motorized vessel with total main engine capacity of 15 horse
powers or with a capacity of 12 passengers;
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c) A fine
ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000
tonnes or a capacity of between 50 passengers and 150 passengers; a motorized
vessel with total main engine capacity of between over 135 horse powers and 750
horse powers or with a capacity of between over 50 passengers and 150
passengers; a dredging vessel with a capacity of 500m3/h; a crane
vessel having lifting equipment with a lifting capacity of 50 tonnes or tow
convoy with a deadweight tonnage of 1500 tonnes;
d) A fine
ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for a
non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a
capacity of over 150 passengers; a motorized vessel with total main engine
capacity of over 750 horse powers or with a capacity of over 150 passengers; a
dredging vessel with a capacity of 500m3/h; a crane vessel having
lifting equipment with a lifting capacity of 50 tonnes or tow convoy with a
deadweight tonnage of 1500 tonnes.
4.
Additional penalties:
a)
Suspend certificates of competency or professional certificates from 03 to 06
months in case of commission of violations specified in Clauses 2 of this
Article;
b)
Suspend certificates of competency or professional certificates from 06 to 12
months in case of commission of violations specified in Clauses 3 of this
Article.
5.
Remedial measures:
Enforced
disembarkation of goods over the load lines from the vessels that commit
violations specified in Clause 1,2 and 3 of this Article.
SECTION 7. VIOLATION AGAINST REGULATIONS ON PILOTAGE,
INSPECTION OR EXAMINATION IN INLAND WATERWAY NAVIGATION
Article 39. Violations against regulations on pilotage of
vessels
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2.
A fine of from VND 2.000.000 to VND 5.000.000
shall be imposed for commission of one of the following violations:
a)
Failing to use pilots according to regulations in case of use of pilotage that
is compulsory
b)
Failing to report or incorrectly reporting on features and characteristics of
the vessels to the pilots;
c)
Failing to ensure working conditions for pilots during the time they are on
board; have pilot ladders; have pilot ladders that ensure safety according to
regulations; arrange the pilot ladders at the suitable places; have measures
for assurance about the safety of pilots when they get on or get off vessels
d)
Suspending or requesting for replacement of pilots without reasonable reasons;
dd)
Embarking or disembarking pilots at the unsuitable places according to
regulations
Article 40. Violations against regulations on the pilotage and
guidance of stream on inland waterways
1.
A fine of from VND 3.000.000 to VND 5.000.000
shall be imposed for commission of one of the following violations:
a) Pilots
guide foreign vessels, seagoing ships subject to compulsory pilotage regime
without pilotage professional certificates or certificates of pilotage
capabilities;
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c) Pilots
guide foreign vessels, seagoing ships into the dock not complying with the
correct position assigned by inland waterway port authority;
d) Pilots
fail to notify the changes of streams for inland waterway port authority;
dd)
Pilots arbitrarily leave foreign vessels, seagoing ships without permission of
the captains;
e)
Refusing to lead foreign seagoing ships, vessels without reasonable reasons;
failing to promptly notify inland waterway port authority or the pilotage
organization of the refusal to lead vessels;
g)
Failing to wear marine pilot uniform as prescribed when leading foreign vessels
and seagoing ships.
2.
A fine of from VND 7.000.000 to VND 10.000.000
shall be imposed for the commission of one of the following violations:
a)
Leading foreign vessels, seagoing ships on the stream, inland waterway waters
without operation licenses of pilots in that area;
b)
Forcing crewmembers, vessel operators to hire the guidance of stream in the
areas where are not under compulsory pilotage regime.
c) Leading
foreign vessels, seagoing ships not complying with the inland waterway stream
that has been declared without permission;
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dd)
Pilots have BAC that exceeds 50 mg per 100 ml of blood or BrAC that exceeds
0.25 mg per liter of breath when they are leading vessels.
Article 41. Violations against regulations in case of
inspection, examination
1.
A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failure to make reports, declaration; make
reports, declaration in a correct manner by the deadline according to requests
of on-duty persons or the competent state authorities.
2.
A fine of from VND 10.000.000 to VND
15.000.000 shall be imposed for commission of one of the following violations:
a)
Failing to comply with the requirements for inspection and control of the
competent persons;
b)
Intentionally failing to stop vehicles for inspection and control according to
the order of competent persons;
c) Failing
to present or attempting to delay, prolong the presentation of papers of
vessels, crewmembers, operators of vessels or goods upon request for inspection
from the competent persons;
d)
Failing to take or attempting to delay, prolong time to take vessels to the
place where violation is handled as required by the competent persons;
dd)
Having words or acts that threaten, abuse, slander, insult the honor and
dignity of competent persons;
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g)
Arbitrarily removing seals of illegal documents, exhibits, means, warehouses,
equipment which are being sealed; temporarily seizing or dispersing and hiding
illegal documents, exhibits; arbitrarily changing the scenes of administrative
violations against regulations on inland waterway navigation.
3.
A fine of from VND 15.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
a)
Failing to properly and fully implement contents and requirements in the
conclusion of inspection, examination in inland waterway navigation of the
competent authority according to regulations;
b) Using
force or threatening to use force against the competent persons;
c) Causing
damage to property and/or vessels by the state agencies or the competent
persons;
d) Giving
money, property or other material benefits to the competent persons in order to
avoid the handling of administrative violations.
Chapter III
POWER TO
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES IN INLAND
WATERWAY NAVIGATION
Article 42. Determination of power to impose administrative
penalties
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2.
People's Public Security forces shall have
power to impose administrative penalties for the violations specified in
Points, Clauses, Articles of this Decree within their functions, powers and
tasks that are assigned, as follows:
a)
Article 5; Article 6; Article 7; Article 8; Article 10; Article 11; Article 12;
Article 13; Article 14; Article 15; Article 16; Article 17; Article 18;
b)
Clauses 1, 3 and 4 Article 19;
c)
Article 20; Article 21; Article 22; Clause 1 Article 23; Article 24; Article
25; Article 26;
d) Point
c, Clause 1, Article 27; Point e, Clause 1, Article 28; Point e Clause 1 and
Clause 7 Article 29; Clause 1, Clause 2 and Clause 3 Article 30;
dd)
Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article
38; Article 39; Article 40; Article 41.
3.
The inspectorate of the Ministry of Transport
and agencies that are assigned to perform the function of specialized
inspection of the Vietnam Inland Waterway Administration, within their
functions, powers and tasks that are assigned shall have the power to impose
administrative penalties for violations specified in Article 5 to Article 41 of
Chapter II of this Decree.
4.
The inspectorate of the Department of
Transport, within their functions, powers and tasks that are assigned shall
have the power to impose administrative penalties for violations specified in
Points, Clauses, Articles of this Decree, as follows:
a)
Article 5; Article 6; Clause 1, Clause 2 Article 7; Article 8; Article 9;
Article 10; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 and
Clause 7 Article 11; Article 12; Article 13; Article 14; Article 15; Article 16;
Article 17; Clause 1, Clause 2 and Clause 3 Article 19; Article 20; Article 21;
Article 22; Clause 1, Clause 2 and Clause 3 Article 23; Clause 1, Clause 2,
Clause 3 and Clause 4 Article 24; Clause 1, Clause 2, Clause 3, Clause 4
Article 25; Article 26;
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c) Article
31; Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 32; Article 33;
Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article
40; Article 41.
5.
The agencies assigned to perform the function
of specialized inspection of the Sub-Department of Inland Waterways, within
their functions, powers and tasks that are assigned shall have the power to
impose administrative penalties for violations specified in Points, Clauses,
Articles of this Decree, as follows:
a)
Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Clause 1,
Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 Article 11;
Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article
18; Article 19; Article 20; Article 21; Article 22; Clause 1, Clause 2 and
Clause 3 Article 23; Clause 1, Clause 2, Clause 3 and Clause 4 Article 24;
Clause 1, Clause 2, Clause 3, Clause 4 Article 25, Article 26;
b) Clause
1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 32; Article 33; Article
34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40 and
Article 41.
6.
The inland waterway port authority shall have
the power to impose administrative penalties for violations specified in
Chapter II of this Decree and violations of sea-going vessels or fishing
vessels specified in Clause 6 Article 2 of this Decree which occur at ports,
landing stages, anchorages under their management:
7.
The Maritime Administration shall have the
power to impose administrative penalties for violations against regulations on
management or operation of ports, landing stages; vessels, crewmembers,
operators; uploading and loading of cargoes, embarkation and disembarkation of
passengers specified in this Decree which occur at ports, landing stages under
their management within water areas of deep-water ports
8.
The border guard forces shall have power to
impose administrative penalties for the violations specified in Points, Clauses,
Articles of this Decree within their functions, powers and tasks that are
assigned, as follows:
a)
Article 5; Article 8; Article 10; Article 11; Article 12; Article 13; Article
14; Article 15; Article 16; Article 17; Article 18; Clause 3 Article 19;
Article 20; Article 21; Article 22; Clause 1 Article 23; Article 24; Article
25; Article 26;
b)
Clauses 3, Article 30; Clause 1 Article 31;
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9.
The Coast Guard forces shall have power to
impose administrative penalties for the violations specified in Points,
Clauses, Articles of this Decree within their functions, powers and tasks that
are assigned, as follows:
a)
Article 5; Article 8; Article 10; Article 11; Article 12; Article 13; Article
14; Article 15; Article 16; Article 17; Article 18; Article 20; Article 21;
Article 22; Article 24; Article 25; Article 26;
b) Clause
1 Article 31;
c)
Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article
38; Article 39; Article 40 and Article 41.
10.
In case of administrative violations which
occur at inland waterway ports, landing stages that are not subject to
management of the inland waterway port authority, the Maritime Administration,
the power to impose administrative penalties shall be under management of the
traffic inspection forces, the agencies that are assigned to perform the
function of specialized inspection of inland waterways or people’s public
security.
Article 43. Power to record administrative violations
1.
The following persons have the power to record
administrative violations against regulations on inland waterway navigation:
a) The person
who have the power to impose administrative violations against regulations on
inland waterway navigation;
b) The
officials and public employees of the state inspection agencies, agencies
assigned to perform the function of specialized inspection or on-duty persons
of People's Army and People's Police Security;
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2.
In case of detection of any administrative
violation against regulations on inland waterway navigation, the competent
persons who have the power to record administrative violation specified in
Clause 1 of this Article shall compel the violators to terminate the
administrative violations and promptly record administrative violations.
Article 44. Power to impose penalties of Chairpersons of
the People’s Committees at all levels:
1.
Chairpersons of communal-level People’s
Committees shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 5.000.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 10.000.000;
c)
Enforce remedial measures mentioned in Point a, Clause 4 Article 4 of this
Decree.
2.
Chairpersons of district-level People’s
Committees shall have the power to:
a) Issue
warnings;
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c)
Suspend certificates of competency, professional certificates or operation for
fixed periods;
d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
3.
Chairpersons of the People’s Committees of
provinces shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 75.000.000;
c)
Suspend certificates of competency, professional certificates or operation for
fixed periods;
d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
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1.
On-duty soldiers of people’s police forces
shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 500.000;
2.
Heads of Police Stations and Leaders of the
soldiers mentioned in Clause 1 of this Article shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 1.500.000;
3.
Commune-level police chiefs, squadron leaders
shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 2.500.000;
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4.
Heads of District-level Police Authorities,
Managers of Specialized Departments of Traffic Police Department, Fleet
Commanders, Managers of Specialized Departments of Vietnam Fire and Rescue
Police Department and Heads of Provincial-level Police Departments, including
Head of Police Department for Waterway Navigation, Head of Traffic Police
Department, Head of Police Department for Investigation into Social
Order-related Crimes, Head of Police Department for Administrative Management
of Social Order, Head of Police Department for Investigation into Corruption,
Economy and Smuggling-related Crimes; Head of Environment Police Department and
Head of Vietnam Fire and Rescue Police Department shall have power to:
a) Issue
warnings;
b) Impose
fines of up to VND 15.000.000;
c)
Suspend certificates of competency, professional certificates, operation for
fixed periods;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 30.000.000;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
5.
Directors of Police of provinces shall have
the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 37.500.000;
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d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
6.
Director of Traffic Police Department,
Director of Police Department for Investigation into Social Order-related
Crimes, Director of Police Department for Investigation into Corruption,
Economy and Smuggling-related Crimes, Director of Police Department for
Administrative Management of Social Order, Director of Economic Security
Department, Director of Vietnam Fire and Rescue Police Department, Director of
Environment Police Department, Director of Immigration Department shall have
the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 75.000.000;
c)
Suspend certificates of competency, professional certificates, operation for
fixed periods;
d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
Article 46. Power to impose penalties of the inspectorate
of inland waterway navigation and agencies that are assigned to perform the
function of specialized inspection of inland waterway navigation
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a) Issue
warnings;
b) Impose
fines of up to VND 500.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 1.000.000;
2.
Chief Inspector of the Department of
Transport, Head of Inspectorate of the Departments of Transport, Head of
Inspectorate of the Vietnam Inland Waterway Administration, Head of
Inspectorate of the Vietnam Inland Waterway Administration, Head of
Inspectorate of the Inland Waterway Sub-Administration, Director of Inland
Waterway Sub-Administration, Head of Inspectorate of the Inland Waterway Port
Authority shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 37.500.000;
c)
Suspend certificates of competency, professional certificates, operation for
fixed periods;
d)
Confiscate material evidences and/or means used for administrative violations
valued at VND 75.000.000;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
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a) Issue
warnings;
b) Impose
fines of up to VND 52.500.000;
c)
Suspend certificates of competency, professional certificates, operation for
fixed periods;
d)
Confiscate material evidences and/or means used for administrative violations
valued at VND 105.000.000;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
4.
Chief Inspector of the Ministry of Transport;
Director of the Vietnam Inland Waterway Administration shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 75.000.000;
c)
Suspend certificates of competency, professional certificates, operation for
fixed periods;
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dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
Article 47. Power to impose penalties of the inland
waterway port authority:
1.
Head representative of the inland waterway
port authority shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 10.000.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 20.000.000;
2.
Director of the inland waterway port authority
shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 50.000.000;
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d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
Article 48. Power to impose penalties of the Maritime
Administration:
1.
Head representative of the Maritime
Administration shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 10.000.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 20.000.000;
2.
Director of the Maritime Administration shall
have the power to:
a) Issue
warnings;
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c)
Suspend certificates of competency, professional certificates, operation for
fixed periods;
d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
“Article 49. Power to impose penalties of Border Guard Forces:
1.
On-duty soldiers of border guard forces shall
have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 500.000;
2.
Heads of Border Guard Stations and Leaders of
the soldiers mentioned in Clause 1 of this Article shall have the power to:
a) Issue
warnings;
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3.
Team leaders of Crime and Drug Prevention and
Control Task Forces affiliated to Crime and Drug Prevention and Control Brigade
shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 7.500.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 15.000.000;
4.
Heads of Border-guard posts, Commanders of
Border-guard Flotillas and Commanders of Port Border Guards shall have the
power to:
a) Issue
warnings;
b) Impose
fines of up to VND 15.000.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 30.000.000;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
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a) Issue
warnings;
b) Impose
fines of up to VND 37.500.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 75.000.000;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
6.
Commanders of Provincial-level Border Guard
Forces, Commanders of Coastguard Squadrons, Directors of Crime and Drug
Prevention and Control Departments of Border Guard High Command shall have the
power to:
a) Issue
warnings;
b) Impose
fines of up to VND 75.000.000;
c)
Confiscate material evidences and/or means used for administrative violations;
d)
Suspend certificates of competency, professional certificates, operation for
fixed periods;
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Article 50. Power to impose penalties of Marine Police
1.
Police officers of Marine Police who are on
duty shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 1.500.000;
2.
Squad leaders of professional squads of Marine
Police shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 3.750.000;
3.
Team leaders of professional teams of Marine
Police and Captains of Marine Police Stations shall have the power to:
a) Issue
warnings;
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4.
Fleet heads of the Marine Police shall have
the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 15.000.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 30.000.000;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
5.
Marine delegation chiefs of the Marine Police,
Commanders of Reconnaissance Brigades, Commanders of Crime and Drug Prevention
and Control Brigades affiliated to Vietnam Coast Guard shall have the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 22.500.000;
c)
Confiscate material evidences and/or means used for administrative violations
valued at VND 45.000.000;
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6.
Commanders of Regional Coast Guards, Directors
of Operation and Law Department affiliated to Vietnam Coast Guard shall have
the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 37.500.000;
c) Suspend
certificates of competency, professional certificates, operation for fixed
periods;
d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
7.
Commanders of Vietnam Coast Guard shall have
the power to:
a) Issue
warnings;
b) Impose
fines of up to VND 75.000.000;
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d)
Confiscate material evidences and/or means used for administrative violations;
dd)
Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree
Chapter IV
REGULATIONS
ON TEMPORARY SEIZURE OF VESSELS AND PAPERS; DETERMINATION OF TONNAGE, CAPACITY
OF VESSELS WITHOUT REGISTRATION, REGISTRY AND COMMUNICATION OF ADMINISTRATIVE
PENALTIES FOR VIOLATIONS
Article 51. Temporary seizure of vessels, papers,
practicing certificates relevant to vessels and operators that commit
violations
1.
The temporary seizure of evidences, vessels,
papers, practicing certificates relevant to vessels and operators that commit
violations shall comply with regulations of Article 125 of the Law on handling
administrative violations.
2.
In case of temporary seizure of papers
according to regulations of the Law on handling administrative violations, if
the violator fails to settle the case at a competent agency after the arranged
date, keeps operating the vehicle and continues to operate the vehicle or
allows the vehicle to be operated by another person, that person shall incur
the penalties operating a vehicle without papers.
3.
In case the fine is only imposed on an
individual or organization that commit an administrative violation, the person
who is entitle to impose penalties shall have the power to temporarily seize
one of the following papers according to the following order until the
individual or organization completely abides by the decision on administrative
penalties:
a) A
certificate of competency of master, a certificate of training in ship
operation;
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c) A
technical safety and environmental protection certificate of a vessel;
d) A
certificate of competency of chief engineer;
dd) Other
papers that are relevant to vessels and/or evidences.
4.
In case of seizure of a vessel according to
regulations of Clause 1 of this Article, the owner, crewmembers or operator
shall pay all costs (if any) of the use of alternative vessels in order to
transport people, passengers or goods carried on the vessel that is being
temporarily seized.
5.
The temporary seizure of evidences, means that
commit administrative violations, certificates of competency, professional
certificates shall comply with regulations of this Decree, the Law on handling
administrative violations and other relevant regulations of the Law.
Article 52. Suspension of licenses, certificates of
competency or professional certificates
1.
The suspension of licenses, certificates of
competency or professional certificates shall comply with regulations of the
Law on handling administrative violations.
2.
In case a person who commits administrative
violations is subject to suspension of license, certificate of competency or
professional certificate with the remaining effective period of the
license/certificate that is shorter than the regulatory suspension period, the
suspension period shall be equal to the remaining effective period of the
license/certificate.
Article 53. Determination of fine range imposed on a
vessel, tow convoy; tonnage of a vessel without registration, registry
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2.
Tow convoy specified in Articles 25 and 38 of
this Decree: the deadweight tonnage of tow convoy shall include the deadweight
tonnage of vessels of tow convoy In case of commission of other
administrative violations, the penalties, fines shall be imposed on each vessel
of tow convoy.
In case
the tow convoy has more than one vessels whose displacement is greater than the
allowable draft, the towed vessel with the greatest displacement between the
waterline and the allowable draft shall be applied in the determination of
violation
3.
In case, the individual or organization
commits administrative violation involved in a vessel without registration,
register, the administrative penalty shall be imposed according to the
deadweight tonnage of the vessel:
T= A x K,
in which:
T:
deadweight tonnage of a vessel;
A = L x B
x D, in which:
L(m):
Length of the main deck, a horizontal distance, measured from the farthest
point of the bow to the stern;
B (m):
Breadth of the deck, a horizontal distance, measured from one side of the deck
to the other at the widest position of the body of the ship.
D(m):
Depth, a vertical distance, measured from the upper surface of keel to the side
of deck at the middle of the length of the main deck;
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If value
of A ranges from 4,55 m3 to 18,76 m3, K = 0,26;
If value
of A ranges from 18,76 m3 to 49,80 m3, K = 0,29;
If value
of A ranges from 49,80 m3 to 387,20 m3, K = 0,35;
If value
of A ranges from 387,20 m3 to 1.119,80 m3, K = 0,51;
If value
of A is greater than 1,119.8 m3, K = 0,57.;
Article 54. Unit conversion
In case, the
certificate of vessel does not contain gross tonnage, it is calculated as
follows:
1.
A motorized vessel: 1,5 tonnes = 01 GT
2.
A non-motorized vessel: 01 tonnes = 01 GT
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4.
A passenger ship that does not provide
information about engine capacity: 01 seat = 0,67 GT; 01 bed = 04 GT
5.
Tow convoy used for pulling, pushing or towing
alongside: the gross tonnage shall be equal to the gross tonnage of convoy
including barge, tugboat or pusher boat
6.
The conversion specified in Clauses 1,2,3,4
and 5 of this Article may apply the method that results in the greatest volume.
7.
Conversion of engine capacity:
a)
01kW = 1,36 horse powers
b) Cv, HP
or PS shall be converted to Kw and horse power according to formulation
specified in Point a of this Clause Conversion:
01 HP =
0,7547 kW;
01 CV =
01 PS = 0, 7355 kw
Article 55. Handling of violations relevant to failure to
have or bring papers according to regulations.
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2.
When the papers of the vessel, crewmembers or
operator are temporarily suspended in order to ensure the implementation of the
decision on penalties, if the violator presents the record of administrative
violations with the papers that the time limit for handling the violation
specified in the record does not expire or presents the decision on penalties
with the papers that the time limit for paying fines specified in the decision
does not expire, it is considered as the vessel, crewmembers or operator with
papers according to regulations.
3.
In case of the vessel carrying passengers and
cargoes, if the crewmembers or operator commits violations against regulations
on classification of certificates of competency or professional certificates,
the administrative penalties shall be imposed on passenger vessels according to
regulations on undertaking a capacity or the type of professional certificates.
Article 56. Communication of administrative penalties for
violations
1.
In case of the licenses, certificates of
competency or professional certificates which the time limit for temporary
suspension is over; the prescriptive period for implementation of decision on
penalties has expired but the violators fail to receive without reasonable
reasons, within 10 working days from the date of the expiration of the
temporary suspension or the expiration of the prescriptive period for
implementation of decision on penalties, the competent persons shall transfer the
papers to the agencies which have issued in order to withdraw according to
regulations of the Law, notify in writing or in other appropriate forms the
Departments of Traffic Police and the violators.
2.
In case of suspension of licenses,
certificates of competency, professional certificates or other practicing
certificates, within 5 working days from the date of issuing the decision on
penalties, the competent persons shall notify in writing or in another forms
the agencies which have issued the papers and the Departments of Traffic
Police.
3.
The type of the paper which is temporarily
suspended or suspended, name, number and code of the paper, registration
number, the time of temporary seizure, the time of seizure, full name and
address of the person having the paper which is temporarily suspended or
suspended and committing administrative violation shall be stated clearly.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 57: Entry into force
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2.
This Decree replaces the Government's Decree
No. 132/2015/ND-CP dated December 25, 2015 on administrative penalties for
inland waterway navigation violations
Article 58. Transitional clauses
In case
of the administrative violations against regulations on inland waterway
navigation that are committed before the effective date of this Decree and
discovered afterwards or recorded, the regulations of the Government’s Decree
No 132/2015/ND-CP dated December 25, 2015 on administrative penalties for
inland waterway navigation violations shall be applied.
Article 59. Implementation
The
Ministers, Heads of the Ministerial-Level agencies, Heads of the governmental
agencies, the Presidents of the People's Committees of provinces shall be
responsible for the implementation of this Decree
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh
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