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THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 77/1998/ND-CP
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Hanoi, September 26,
1998
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DECREE
ON AMENDMENTS AND
SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE No. 40-CP OF JULY 5, 1996 OF THE
GOVERNMENT
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Vietnam People's Police of January 28, 1989 and
the July 6, 1995 Ordinance amending Article 6 of the Ordinance on Vietnam
People's Police;
Pursuant to the July 6, 1995 Ordinance on the Handling of Administrative
Violations;
Pursuant to Decree No. 80-CP of December 5, 1996 of the Government defining the
organization and operation of the specialized communications and transport
inspectorate;
At the proposals of the Minister of Communi-cations and Transport and the
Minister of Justice,
DECREES:
Article 1.- To amend and/or supplement a
number of articles of Decree No.40-CP of July 5, 1996 of the Government on
ensuring navigation order and safety on inland waterways as follows:
1. To supplement Article 1 with Clause 5 as
follows:
"5. Activities to ensure navigation order
and safety on inland waterways stipulated in this Decree in security and/or
defense water areas must be approved by the Ministry of Public Security and/or
the Ministry of Defense."
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"10. Cross-river transport means is an
inland waterway means used for ferrying passengers and/or goods from one
river's bank to the other or from the river's bank to a floating means and/or
structure and vice versa."
3. Clause 1 of Article 7, is amended as follows:
"1. The waterway traffic police can set up
checkpoints at the places designated by the Ministry of Public Security and can
inspect means of transport only when detecting signs of law-breaking."
4. Clause 9 of Article 8, is amended as follows:
"9. The inland waterway communications and
transport specialized inspector shall have the competence to inspect, control
and handle administrative violations in accordance with the provisions of
law."
5. To supplement Article 8, with Clauses 11 and
12 as follows:
"11. To assume the prime responsibility and
coordinate with the concerned ministries and branches in elaborating documents
to popularize, disseminate and guide the legislation on inland waterway
communications and transport for all subjects joining traffic.
12. To organize the collection of inland
waterway fees and charges as prescribed by law."
6. To supplement Article 9 with Clause 7 as
follows:
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7. The phrase "technical control"
mentioned in Clause 4 of Article 8; Clause 1 of Article 9; Clause 1 of Article
11; and Article 36 is now amended into "technical safety control".
8. Clause 3 of Article 10, is amended as
follows:
"3. To direct the units in the fishery
sector not to cause obstructions to the navigation on the shipping lanes; to
observe the legislation on inland waterway communications and transport and
submit to the inspection and control by forces that have competence in ensuring
traffic order and safety as prescribed by law."
9. To supplement Article 24 with Clause 3 as
follows:
"3. When a means is purchased, sold or
transferred, the procedures for changing the means owner's name and the
transfer of the ownership thereover must be completed as prescribed by
law."
10. Article 27 is amended as follows:
"The goods must be loaded neatly in order
not to destabilize the means nor to obstruct the view of the driver, to
encumber the control system and other safety devices. It is forbidden to load
goods on passengers' passages or beyond the sizes prescribed for the
means."
11. Article 28 is amended as follows:
"A passenger transport means operating
along an inland waterway shall have to register the ports of departure and
destination, take and disembark passengers at the designated ports; it must
also be provided with a list of passengers before its departure."
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"A passenger transport means operating
along an inland waterway must have a safety rule. Before departure, the means
driver shall have to brief the passengers on this rule and the way of using
safety devices".
13. Phrase "landing ramps and stages"
mentioned in Clause 3 of Article 38 is amended into "passenger
ports".
14. Clause 1 of Article 42, is amended as
follows:
"1. When traveling, the means must keep
completely to one side of the lane; in case of a narrow lane, the means shall
skirt the lane on its right side.
15. The word "boats" mentioned in Clause
1 of Article 58 is amended into "means".
16. To cross out Clause 3 of Article 59 and as a
result, Clauses 4, 5 and 6 are now readjusted into Clauses 3, 4 and 5.
17. The phrase "traffic and order
police" mentioned in Article 81 is amended into "waterway traffic
police".
18. The phrase "local People's
Committee" mentioned in Article 83 is amended into "local People's
Committee or the nearest competent State agency".
19. Article 90 is amended as follows:
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1. A warning or fine of from 20,000 dong to
50,000 dong against acts of not elaborating a safety rule for a passenger
transport means operating along an inland waterway with loading capacity of
less than 13 passengers.
2. A warning or fine of from 50,000 dong to
100,000 dong against one of the following acts:
a/ Failing to make a list of passengers for a
passenger transport means operating along an inland waterway with loading
capacity of less than 13 passengers;
b/ Carrying small animals at variance with the
regulations.
3. A warning or fine of from 50,000 dong to
200,000 dong against one of the following acts:
a/ Clinging or tying to another traveling means;
b/ Allowing another means to cling or tie to
one's own means while traveling;
c/ There's no safety rule for the passenger
transport means operating along an inland waterway with loading capacity of 13
passengers or more, or letting passengers sit on the ship's bow or on its
sides;
d/ Loading goods at variance with the
regulations;
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f/ Employing people to work as crew members
whose health conditions fail to ensure accomplishment of their assigned tasks;
4. A warning or fine of from 100,000 dong to
300,000 dong against one of the following acts:
a/ Failing to make a list of passengers for the
passenger transport means operating along an inland waterway with loading
capacity of 13 passengers or more;
b/ Taking and/or disembarking passengers not at
the prescribed ports;
c/ Exploiting the means at variance with its
prescribed utility or beyond the lines or lanes or operation areas stated in
the license.
5. A fine of from 200,000 dong to 500,000 dong
against acts of transporting buffaloes, cows, horses or other large animals
together with passengers.
6. A fine of from 500,000 dong to 1,000,000 dong
against acts of transporting noxious goods, inflammable and/or explosive
substances together with passengers.
7. A fine of from 2,000,000 dong to 5,000,000
against one of the following acts:
a/ Failing to obtain a permit when transporting
noxious goods and/or explosives;
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c/ Using a fake number plate while driving the
means but not to the extent of being examined for penal liability.
8. Additional sanctioning form and other
measures
Stripping the right to use the captain's license
or the means driver's professional certificate for 3 to 6 months for violation
acts defined in Clause 7 of this Article."
20. Article 92 is amended and supplemented as
follows:
"Sanctions against acts of using, driving
means without prescribed papers (the means' registration certificate, the
certificate of technical safety of the inland waterway transport means, the
transport permit, the crew members' register, the operating license or
professional certificate of the captain and chief mechanist):
1. A warning or fine of from 20,000 dong to
50,000 dong against acts of driving a cross-river transport means (except for
ferries), passenger transport means operating along an inland waterway with
loading capacity of less than 13 passengers, cargo-transport means with loading
capacity of less than 5 tons without professional certificate or without
painting the registration number of the means as prescribed.
2. A warning or fine of from 100,000 dong to
200,000 dong against acts of failing to paint the registration number of the
means and its name (if any) or painting them not as prescribed.
3. Sanctions against acts of using means without
papers or without changing the owner's name and transferring the ownership
thereover as prescribed:
a/ A warning or fine of from 50,000 dong to
200,000 dong for a means with loading capacity of from 5 tons to 50 tons or
from 13 to 20 passengers; or the pulling/pushing means with capacity of 50 CV
or less;
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c/ A warning or fine of from 300,000 dong to
500,000 dong for a means with loading capacity of above 250 tons or 51
passengers or more; or a pulling/pushing means with capacity of 90 CV or more;
4. Sanctions against acts of driving a means
without appropriate operating license (the river-ship captain's license and/or
the river-ship chief mechanist's license):
a/ A fine of from 100,000 dong to 200,000 dong
on the driver of a means which requires a license of the fourth or higher
grade;
b/ A fine of from 200,000 dong to 500,000 dong
on the driver of a means which requires a license of the third or higher grade;
c/ A fine of from 500,000 dong to 1,000,000 dong
on the driver of a means which requires a license of the second or higher
grade;
d/ A fine of from 1,000,000 dong to 1,500,000
dong on the driver of a means which requires a license of the first grade;
21. Article 93 is amended as follows:
"Sanctions against acts of failing to
ensure the quantity and quality of the safety devices prescribed for the means:
1. For the cargo-transport means.
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b/ A warning or fine of from 50,000 dong to
100,000 dong for a means with loading capacity of from 5 to 50 tons or a
pulling/pushing means with engine's capacity of from 15 CV to under 50 CV;
c/ A warning or fine of from 100,000 dong to
300,000 dong for a means with loading capacity of from 51 to 250 tons or a
pulling/pushing means with engine's capacity of from 51 CV to under 90 CV;
d/ A warning or fine of from 300,000 dong to
500,000 dong for a means with loading capacity of 251 tons or more or a
pulling/pushing means with engine's capacity of 90 CV or more;
2. For passenger transport means
a/ A fine of from 50,000 dong to 100,000 dong
for passenger transport means with loading capacity of from 13 to 20
passengers;
b/ A fine of from 100,000 dong to 300,000 dong
for passenger transport means with loading capacity of from 21 to 50
passengers;
c/ A fine of from 300,000 dong to 500,000 dong
for passenger transport means with loading capacity of from 51 to 100
passengers;
d/ A fine of from 500,000 dong to 1,000,000 dong
for passenger transport means with loading capacity of 101 passengers or
more."
22. The headline of Clause 1, Article 94, is amended
as follows:
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23. Clauses 2 and 3 of Article 94, are amended
as follows:
"2. Warning or fine against acts of transporting
goods from 5% to 10% in excess of the loading capacity of the means or convoy
of means, corresponding the following kinds of means:
a/ A warning or fine of from 50,000 dong to
200,000 dong for a means or convoy of means with loading capacity of less than
50 tons;
b/ A warning or fine of from 200,000 dong to
500,000 dong for a means or convoy of means with loading capacity of from 50 to
250 tons;
c/ A fine of from 500,000 dong to 1,500,000 dong
for a means or convoy of means with loading capacity of from 250 to 800 tons;
d/ A fine of from 1,500,000 dong to 3,000,000
dong for a means or convoy of means with loading capacity of more than 800
tons.
3. Fines against acts of transporting goods more
than 10% in excess of the loading capacity of the means or convoy of means,
corresponding the following kinds of means:
a/ A warning or fine of from 100,000 dong to
300,000 dong for a means or convoy of means with loading capacity of less than
50 tons;
b/ A warning or fine of from 300,000 dong to
1,000,000 dong for a means or convoy of means with loading capacity of from 50
to 250 tons;
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d/ A fine of from 3,000,000 dong to 5,000,000
dong for a means or convoy of means with loading capacity of more than 800
tons.
24. To supplement Article 94 with Clause 6 as
follows:
"6. Additional sanctioning forms and other
measures:
Stripping the right to use the captain's license
or the means driver's professional certificate for a period of from 90 (ninety)
to 180 (one hundred and eighty) days for acts of transporting cargo 20% in
excess of the loading capacity of the means."
25. Point a, Clause 3 of Article 97, is amended
as follows:
"a/ Opening inland waterway ports and/or
wharves without permit."
26. To supplement Article 97 with Clause 5 as
follows:
"5. Acts of violation to be fined as
prescribed in Clauses 2, 3 and 4 of this Article shall also be subject to the
following additional sanctioning forms: Definitive suspension of operation of
the port or wharf for violations mentioned in Clause 2 and Point a of Clause 3;
and 60-day suspension of operation of the port and/or wharf for violations
mentioned in Point b, Clause 3 and Clause 4 of this Article."
27. Article 98 is amended and supplemented as
follows:
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1. A warning or fine of from 100,000 dong to
500,000 dong against the means driver who commits one of the following acts:
a/ Anchoring or mooring the means not at the
prescribed places;
b/ Refusing to give way to other means even
though there are enough conditions to do so;
c/ Abusing the priority right to obstruct other
means;
d/ Groundlessly directing head lights on another
traveling means;
e/ Failing to reduce speed as prescribed;
f/ Violating the provisions on sound signals,
signs or flag signals;
g/ Violating the provisions on traveling in
regulated or restricted areas; through tureens, bridges or culverts;
h/ Violating the provisions on traveling,
way-giving and overtaking;
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2. Warning or fine of from 500,000 dong to
1,000,000 against the means driver who commits one of the following acts
(except for households' means):
a/ Failing to light the signal-lamp on the means
when traveling or anchoring/ mooring or lighting such a signal-lamp not as
prescribed;
b/ Violating the rules on traveling, way-giving
and/or overtaking on a narrow lane;
3. Form of additional sanctions and other
measures
Stripping the right to use the captain's license
or the means driver's professional certificate for 12 to 24 months for acts of
violation of the provisions in Clauses 1 and 2 of this Article, that lead to
traffic accidents and cause serious consequences but not to the extent of being
examined for penal liability."
28. Phrase "the head of the traffic order
and safety police section" mentioned in Clause 5 of Article 101 is amended
into "the head of the traffic police section".
29. Phrase "the Head of the Traffic Order
Police Department" mentioned in Clause 6 of Article 101 is amended into
"the head of the waterway traffic police department".
Article 2.- This Decree takes effect 15
days after its signing. All the previous provisions which are contrary to this
Decree are now annulled.
Article 3.- The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government shall, within their functions and tasks have to guide and organize
the implementation of this Decree. The presidents of the People's Committees of
the provinces and cities directly under the Central Government shall, basing
themselves on the local situation and characteristics as well as their competence,
elaborate regulations and plans for the implementation of this Decree.
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THE GOVERNMENT
Phan Van Khai