THE GOVERNMENT
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
142/2017/ND-CP
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Hanoi, December
11, 2017
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAISNT REGULATIONS ON MARITIME
Pursuant to the Law on government organization
dated June 19, 2015;
Pursuant to the Law on actions against
administrative violations dated June 20, 2012;
Pursuant to the Maritime Code of Vietnam dated
November 25, 2015;
At the request of the Minister of Transport;
The Government promulgates a Decree providing
for penalties for administrative violations against regulations on maritime.
Chapter I
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Article 1. Scope
1. This Decree deals with violations, penalties,
fines, remedial measures; the power to record administrative violations and the
power to impose penalties against administrative violations against regulations
on maritime.
2. The administrative violations against
regulations on maritime prescribed in this Decree consist of:
a) Violations against regulations on construction,
management and operation of maritime infrastructure facilities;
b) Violations against regulations on construction,
management and operation of inland container depots (ICDs);
c) Violations against regulations on management of
ship operations at ports;
d) Violations against regulations on ship
registration and seafarer assignment, certificates of competency for seafarers
and seaman’s discharge books;
dd) Violations against regulations on maritime
pilotage;
e) Violations against regulations on provision of
maritime transport services, multimodal transport services, auxiliary services
for maritime transport and maritime safety services;
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h) Violations against regulations on container
safety;
i) Violations against regulations on maritime
search and rescue; marine salvage and aids to navigation;
k) Violations against regulations on training for
seafarers;
l) Violations against regulations on oil spill
response, management, reception and treatment of ship-generated oily waste
liquids in the port waters.
3. If the administrative violations prescribed in
Points c, d, dd, e, i and l Clause 2 hereof are committed outside the port
waters and are not prescribed in the Decree on penalties for administrative
violations committed within the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam, they shall be sanctioned in
conformity with regulations herein.
4. Other administrative violations against
regulations on maritime which are not prescribed in this Decree shall be
sanctioned under the provisions of Government's decrees on penalties for administrative
violations in relevant sectors. When discovering any administrative violations
mentioned in this Clause, the officers having the power to impose
administrative penalties prescribed in Articles 60, 61, 62 and 63 hereof are
entitled to impose penalties within their competence.
5. Administrative violations against regulations on
maritime shall be sanctioned under the provisions herein and relevant law
regulations on actions against administrative violations.
Article 2. Regulated entities
1. Vietnamese organizations and individuals
(hereinafter referred to as “entities”) committing administrative violations
against regulations on maritime; the officers entitled to record administrative
violations and the officers entitled to impose penalties for administrative
violations against regulations on maritime.
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3. Based on the nature and severity of each of the
administrative violations prescribed in Clause 2 Article 1 herein, the
competent officers shall determine specific penalties for administrative
violations imposed on organizations and individuals in accordance with
applicable law regulations.
Article 3. Prescriptive periods
for administrative violations punishable
The prescriptive period for imposition of penalties
for administrative violations in the maritime sector is 01 years. The prescriptive
period of imposition of penalties for administrative violations against
regulations on construction of ports, ICDs, maritime structures and marine
environment protection is 02 years.
Article 4. Penalties and
remedial measures against administrative violations
1. Any organization or individual that commits an
administrative violation against regulations on maritime must incur:
a) A warning; or
b) A fine.
2. The violating entity must, subject to the nature
and severity of the administrative violation, also incur one or several
additional penalties mentioned below:
a) Suspend the license or practicing certificate
for a fixed period of 01-24 months;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violations.
3. In addition to the penalties prescribed in
Clause 1 and Clause 2 of this Article, organizations and individuals that
commit violations against regulations on maritime are also liable to implement
remedial measures specified in Chapter II herein.
4. With regard to administrative penalties imposed
according to ship tonnage, the gross tonnage (GT) refers to the ship's volume
measured by adopting the methods provided in the International Convention on
Tonnage Measurement of Ships, 1969, and specified in the certificate issued by
the ship classification agency.
If the GT value is not available in the ship
certificate, it shall be converted as follows:
a) Ocean-going ships and self-propelled inland
waterway ships: 01 GT equals 1.5 deadweight tonnes;
b) Barges: 01 GT equals 01 deadweight tonne;
c) Tugboats, pusher crafts and passenger ships
(including seaplanes) and crane vessels: 01 horse power (HP, CV) is counted as
0.5 GT; 01 kW is counted as 0.7 GT; 01 tonne in a crane vessel’s hoisting
capacity is counted as 06 GT;
d) Passenger ships whose engine power is not
specified: 01 passenger seat is counted as 0.67 GT; 01 berth is counted as 04
GT;
dd) The gross tonnage of all barges, towboats or
tugboats in a fleet of tugboats, towboats or pusher boats shall total up that
of the fleet;
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g) Unit of engine power: The unit of a ship’s main
engine power shall be HP, CV or KW. The tenths in the decimal expansion of 01
HP, 01 CV or 01 KW shall be rounded to 01 HP, 01 CV or 01 KW.
Article 5. Rules for
determining fines
The fine for every administrative violation prescribed
in Chapter III herein is imposed on an individual. The fine incurred by an
organization is twice as much as that incurred by an individual for the same
administrative violation.
Article 6. Impounding exhibits
and instrumentalities of violations, licenses and practicing certificates
1. In cases when it deems necessary as prescribed
in Clause 1 Article 125 of the Law on actions against administrative
violations, the competent persons have the right to impound exhibits,
instrumentalities, licenses or practicing certificates of committing the
administrative violations prescribed in Clause 2 Article 7; Point b Clause 5
Article 14; Point a Clause 2, Point a Clause 4 and Clause 5 Article 17; Point b
Clause 4 Article 20; Clause 2 Article 25; Point c Clause 3 Article 40; Points
b, c Clause 4 Article 42; Point b Clause 5 Article 46 and Point b Clause 4
Article 47 herein.
2. In case where the license or practicing
certificate of a violator is compulsorily suspended, it may be impounded to
ensure the implementation of the decision on penalties. Impounding the license
or practicing certificate before issuing the decision on penalties shall not
influence the rights of the license or certificate holder.
3. The persons entitled to impose penalties as
prescribed in Chapter III herein are allowed to impound the exhibits and
instrumentalities of administrative violations. The competent person prescribed
in Clause 4 Article 125 of the Law on actions against administrative violations
must impound the exhibits and instrumentalities of an administrative violation
immediately when being found if there are grounds to believe that they may be
hided or destroyed.
4. Exhibits, instrumentalities, licenses or
practicing certificates of an administrative violation shall be impounded in
accordance with regulations herein, regulations of the Law on actions against
administrative violations and relevant laws.
Chapter II
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Section 1. VIOLATIONS AGAINST
REGULATIONS ON CONSTRUCTION, MANAGEMENT AND OPERATION OF MARITIME
INFRASTRUCTURE FACILITIES
Article 7. Violations against
regulations on announcement of the opening of a port, offshore oil port, quay
or wharf
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for deliberate provision of false information in
the application for announcement of the opening of a port, offshore oil port,
quay or wharf.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for deliberate use of falsified or forged documents
to apply for announcement of the opening of a port, offshore oil port, quay or
wharf.
Article 8. Violations against
regulations on naming and renaming of ports, offshore oil ports, wharves,
quays, floating terminals and dedicated waters
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for deliberately naming or renaming a port,
offshore oil port, wharf, quay, floating terminal or dedicated waters or using
a name other than the one announced by a competent authority.
2. Remedial measures: Enforced use of the name of a
port, offshore oil port, wharf, quay, floating terminal or dedicated waters
announced by a competent authority if the violation prescribed in Clause 1 of
this Article is committed.
Article 9. Violations against
regulations on subleasing of port and wharf infrastructure facilities
1. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for subleasing of port or wharf infrastructure
facilities without obtaining a written approval from the lessor.
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3. Remedial measures: Enforced transfer of illegal
benefits, which have been obtained from the administrative violation prescribed
in Clause 1 or Clause 2 of this Article, to state budget.
Article 10. Violations against
regulations on assurance of maritime safety, security and order during the
operation of a port
1. A warning shall be imposed for failure to comply
with instructions given by a competent authority or officer when entering or
leaving the port land area or boarding the ship.
2. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failure to obtain permission from a competent authority or
officer when entering or leaving the port land area or boarding the ship.
3. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for one of the following violations:
a) Committing violations against regulations on
installation of warning signals so as to ensure the safe landing of ships;
b) Failure to employ skilled workers to moor or
unmoor ships as prescribed;
c) Failure to provide the plan for operating the
ship arriving at or leaving the port for the port authority as prescribed;
d) Causing obstruction to the landing or departure
of ships or to other operations carried out at the port by letting objects on
the wharf or encroaching the wharf's space.
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a) Employing a worker who does not have a license
or practicing certificate as prescribed;
b) Failure to promptly inform the port authority of
any incidents or accidents occurring within the port limit and relating
maritime safety, maritime security and marine pollution as prescribed;
c) Failure to regularly provide data about the
depth of the waters in front of the wharf for the port authority as prescribed;
d) Failure to conduct periodic survey in order to
issue notices to mariners regarding the depth of waters in front of the wharf
and other dedicated waters as prescribed;
dd) The lighting system installed at the wharf is
failed or operated inconsistently with relevant technical regulations.
5. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Operating the ship to enter or anchor at the
port waters without obtaining permission from the port authority;
b) Deliberately loading or unloading cargoes before
procedures for the ship‘s arrival at the port are completed;
c) Failure to provide sufficient and qualified
fenders and bollards at the wharf to ensure the safe landing of ships;
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dd) Failure to provide or to timely and accurately
provide information about maritime security for competent authorities; failure
to organize maritime security drills or exercises as prescribed;
e) Failure to adequately arrange port facility
security officers as prescribed;
g) Failure to comply with the plan for shifting of
ships of the port authority or failure to ensure mandatory conditions when
arranging quays or floating terminals for ships arriving or departing from the
port;
h) Failure to install lighting systems at quays or
wharves as prescribed.
6. A fine ranging from VND 30,000,000 to VND
60,000,000 shall be imposed for one of the following violations:
a) Operating the port inconsistently with the port
usage announced by a competent authority;
b) Giving permission to ships to dock at a wharf
which is not yet granted license to operate;
c) Failure to prepare a port facility security plan
as prescribed;
d) Failure to apply for inspection of quality of
port facilities within the predetermined periods;
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7. Additional penalties: Suspend reception of ships
operating on international voyages into the port for 01 – 03 months if any of
the violation prescribed in Point d or Point e Clause 5 or Point c Clause 6 of
this Article is committed.
Article 11. Violations against
regulations on unloading, storing and handling cargoes
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for unloading and storing cargoes inconsistently
with applicable regulations.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for loading cargoes on a wharf exceeding the
permissible weight.
3. Remedial measures: Enforced removal of cargoes
overloaded if the violation prescribed in Clause 2 of this Article is
committed.
Article 12. Violations against
regulations on assurance of maritime safety and environmental protection when
construction or upgrade of ports or other structures and installations in the
port waters
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for constructions of works other than the case
prescribed in Clause 5 of this Article without obtaining permission or written
approval from a competent authority as prescribed.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to equip life saving appliances or
provision of unsuitable life saving appliances as prescribed;
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c) Establishment of aids to navigation which are
inadequate, unsuitable, and not available or at indicated position where the
construction is in progress;
d) Causing obstruction to operations of
navigational channels because of anchoring construction vessels and other ships
serving the construction works outside the permitted areas;
dd) Failure to record the dredging and discharge of
dredged materials or failure to record the construction logbook as prescribed;
failure to submit periodical reports to the port authority and the Vietnam
Maritime Administration on the status and performance of dredging of
navigational channels and dedicated waters in the port waters with re-use of
dredged materials and without using state budget as prescribed;
e) Setting bottom gillnets or other means of
fishery activities within the port waters or navigational channels without
obtaining an approval from the port authority or off indicated positions or
inconsistently with the approved time limits.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to execute the construction work at the
licensed site;
b) Failure to finish the construction work within
the time limit specified in the construction license or written approval given
by a competent authority as prescribed;
c) Failure to apply for an approval from the port
authority before using specialized means and equipment for performing survey, dredging,
installation of aids to navigation and other activities within the port waters;
d) Failure to clear or remove obstructions upon the
completion of construction works;
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e) Creating obstructions within the port waters and
territorial waters of Vietnam resulting in adverse influence on maritime
operations;
g) Installing dredging control systems of an
unsuitable kind on vehicles used for transporting and discharging dredged
materials in course of dredging or maintaining navigational channels or
dedicated waters; using a dredging control system that fails to ensure
mandatory technical specifications or that is not in operational readiness or
in continuous and stable operation as prescribed;
h) Failure to arrange qualified dredging supervisor
and consultant to work on vehicles used for transporting dredged materials as
prescribed.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:
a) Failure to establish aids to navigation as
prescribed;
b) Failure to install dredging control systems on
vehicles used for transporting and discharging dredged materials in course of
dredging or maintaining navigational channels or dedicated waters;
c) Failure to formulate a maritime safety plan or
improper implementation of the one approved by a competent authority.
5. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for executing the construction works requiring
economic-technical report on construction or construction project before
obtaining a license or written approval from a competent authority as
prescribed.
6. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for one of the following violations:
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b) Failure to execute the construction works at the
licensed site and causing an accident;
c) Failure to formulate a maritime safety plan or
improper implementation of the one approved by a competent authority and thus
causing an accident.
7. Additional penalties: Suspend the construction
or upgrade of the port facility, other structures or installation for a fixed
period of 01 – 03 months if the violation prescribed in Point c Clause 6 of
this Article is committed.
8. Remedial measures:
a) Enforced provision of suitable life-saving
appliances as prescribed if the violation prescribed in Point a Clause 2 of
this Article is committed;
b) Enforced establishment of adequate and suitable
aids to navigation as prescribed if violation prescribed in Point c Clause 2 of
this Article is committed;
c) Enforced restoration of the initial state which
has been altered due to one of the administrative violations prescribed in
Points d, e Clause 2 and Point e Clause 3 of this Article;
d) Enforced demolition of the illegally constructed
structures or work items if the violation prescribed in Clause 1, Point a
Clause 3, Clause 5 or Point a Clause 6 of this Article is committed;
e) Enforced installation of dredging control
systems on vehicles used for transporting and discharging dredged materials if
the violation prescribed in Point b Clause 4 of this Article is committed;
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Article 13. Violations against
regulations on fire and explosion prevention at the port
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for one of the following violations:
a) Failure to provide internal regulations, warning
signs or precautions as prescribed by law at explosion and fire-prone places;
b) Misuse of specialized firefighting equipment.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Preparation of firefighting equipment which
fails to meet technical requirements or is not in operational readiness or
expires;
b) Failure to arrange fire and explosion prevention
and control equipment at the prescribed places or preparation of the ones which
are not suitable for the cargoes transported or unloaded.
3. A fine ranging from VND 5,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to install enough fire and explosion
prevention and control systems as prescribed;
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c) Using workers who are not provided with enough
protective equipment or training courses in fire and explosion prevention and
control as prescribed;
d) Failure to have a fire protection plan approved
by a competent authority.
Article 14. Violations against
regulations on weights of vehicles operating within the port land area
1. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for operating a vehicle whose GVW exceeds the
capacity of the bridge or road by >10% - 20%, unless otherwise regulated.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Carrying goods exceeding the dimensional limit
of the bridge or road;
b) Operating a vehicle whose size exceeds the
dimensional limit of the bridge or road;
c) Operating a vehicle whose GVW or gross axle
weight (including cargo and passengers thereof) exceeds the capacity of the
bridge or road by >20% - 50%, unless otherwise regulated.
3. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for operating a vehicle whose GVW or gross axle
weight (including cargo and passengers thereof) exceeds the capacity of the
bridge or road by >50% - 100%, unless otherwise regulated.
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5. A fine ranging from VND 14,000,000 to VND
16,000,000 shall be imposed for any of the following violations:
a) Operating a vehicle whose GVW or gross axle
weight (including cargo and passengers thereof) exceeds the capacity of the
bridge or road by more than 150%;
b) Disobeying the order of weight or size
inspection; transferring load or using other tricks to pass the inspection.
6. Additional penalties:
a) Suspend the driving license (for cars, tractors,
and car-like vehicles) or the certificate of training in traffic rules (for
heavy-duty vehicles) for a fixed period of 01 – 03 months if any of the
violations prescribed in Clause 2 and Clause 3 of this Article is committed;
b) Suspend the driving license (for cars, tractors,
and car-like vehicles) or the certificate of training in traffic rules (for
heavy-duty vehicles) for a fixed period of 02 – 04 months if the violation
prescribed in Clause 4 of this Article is committed;
c) Suspend the driving license (for cars, tractors,
and car-like vehicles) or the certificate of training in traffic rules (for
heavy-duty vehicles) for a fixed period of 03 – 05 months if any of the
violations prescribed in Clause 5 of this Article is committed.
7. Remedial measures:
a) Enforced removal of the excess load as
instructed by law enforcement officers where the violation is discovered if any
of the violations prescribed in Clauses 1, 2, 3, 4 and 5 of this Article is
committed;
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Article 15. Violations against
regulations on verification of gross mass of containers used in international
maritime transport
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to weigh a container to verify its
gross mass or failure to adopt the prescribed weighing method to weigh a
container.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to have the gross mass of a container
verified or declaration of an inaccurate gross mass of a container.
Article 16. Violations against
regulations on loading goods onto cars within the port land area
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for one of the following violations:
a) Loading goods onto a car (including trailers and
semi-trailers) beyond the maximum permissible payload written in the
Certificate of technical and environmental safety by >10% - 50%;
b) Loading goods onto a car without certifying the
loading on the transport order as prescribed.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for loading goods onto a car (including trailers and
semi-trailers) beyond the maximum permissible payload written in the
Certificate of technical and environmental safety by >50% - 100%.
3. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for loading goods onto a car (including trailers and
semi-trailers) beyond the maximum permissible payload written in the
Certificate of technical and environmental safety by >more than 100%.
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Article 17. Violations
committed by operators of cars and car-like vehicles within the port land area
1. A fine ranging from VND 600,000 to VND 800,000
shall be imposed for operating a car or a car-like vehicle exceeding the speed
limits by from 05 km/h to under 10 km/h.
2. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed upon operators of cars and car-like vehicles for any
of the following violations:
a) Operating a car or a car-like vehicle under the
influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC
does not exceed 0.25 mg per liter of breath;
b) Operating a car or a car-like vehicle exceeding
the speed limits by 10 km/h – 20 km/h.
3. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for operating a car or a car-like vehicle exceeding
the speed limits by >20 km/h to 35 km/h.
4. A fine ranging from VND 7,000,000 to VND
8,000,000 shall be imposed upon operators of cars and car-like vehicles for any
of the following violations:
a) Operating a car or a car-like vehicle while BAC
exceeds 50 mg – 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg – 0.4 mg per
liter of breath;
b) Operating a car or a car-like vehicle exceeding
the speed limits by more than 35 km/h.
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6. Additional penalties:
a) Suspend the driving license for a fixed period
of 01 - 03 months if the violation prescribed in Point a Clause 2 or Clause 3
of this Article is committed;
b) Suspend the driving license for a fixed period
of 02 - 04 months if the commitment of the violation prescribed in Point a
Clause 2 of this Article causes a traffic accident or the violation prescribed
in Point b Clause 4 of this Article is committed;
c) Suspend the driving license for a fixed period
of 03 - 05 months if the violation prescribed in Point a Clause 4 of this
Article is committed;
d) Suspend the driving license for a fixed period
of 04 - 06 months if the violation prescribed in Clause 5 of this Article is
committed.
Article 18. Violations against
regulations on protection of marine environment while operating a port
1. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for failure to properly implement the oil spill
response plan approved by a competent authority as prescribed.
2. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for failure to provide facilities and equipment for
receiving garbage, wastewater and other hazardous liquid waste from ships as
prescribed.
3. Remedial measures: Enforced implementation of
the oil spill response plan approved by a competent authority in a proper
manner if the violation prescribed in Clause 1 of this Article is committed.
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1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to remedy or repair damaged maritime
structure in a timely manner as prescribed;
b) Failure to formulae a maritime structure
protection plan as prescribed or failure to implement the approved one.
2. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for one of the following violations:
a) Illegally building and operating a port facility
or another maritime structure within the approved port planning area, the
navigational channel limit or the safety perimeter of a maritime structure, or
performing any construction works that damage or disable maritime structures;
b) Fishing or performing other aquaculture
activities within the waters in front of a wharf, the dedicated waters,
navigational channel limit, the safety corridor of a navigational channel and
other areas in the safety perimeter of maritime structures;
c) Encroaching on the safety perimeter of maritime
structures;
d) Performing other acts that obstruct the
management, operation and protection of maritime structures.
3. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for one of the following violations:
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b) Damaging, destroying or deliberately moving or
reducing the range of aids to navigations;
c) Operating a ship or other means of transport
inconsistently with regulations and thus colliding or influencing the quality
of maritime structures.
4. A fine ranging from VND 60,000,000 to VND
100,000,000 shall be imposed for one of the following violations:
a) Performing mining activities or using other
explosives within the port limit, the port waters or navigational channel
without obtaining permission from a competent authority;
b) Loading or storing flammables, explosives and/or
hazardous substances which may corrode or damage maritime works without
obtaining permission from a competent authority;
c) Illegally extracting minerals or performing
dredging activities on navigational channels, within the safety perimeter of
navigational channels or the port waters;
d) Discharging waste which damages or affects the
durability and useful life of maritime structures;
dd) Illegally performing dredging activities on
navigational channels, within the safety perimeter of navigational channels or
the port waters, or performing dredging activities in contravention
of technical
requirements approved by the competent authority.
5. Remedial measures:
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b) Enforced restoration of the initial state which
has been altered due to any of the violations prescribed in Clauses 2, 3 and 4
of this Article.
Article 20. Violations against
regulations on eligibility requirements for operating a port and certificate
thereof
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for buying, selling, leasing, borrowing or lending
the certificate of eligibility to operate a port.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for operating a port against the certificate of
eligibility granted by a competent authority.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to prepare the occupational health and
safety plan as prescribed;
b) Failure to meet fire prevention requirements or
failure to prepare a firefighting plan as prescribed;
c) Failure to present environmental
protection-related documents approved by competent authorities as prescribed;
d) Failure to ensure adequate facilities,
warehouses, storage yards and other necessary equipment that meet the national
technical regulations applicable to ports, or failure to enter into a warehouse
or storage yard lease for at least 05 years in case where the port warehouse or
storage yard is incapable;
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e) Failure to ensure the adequacy of human
resources, systems, structures or equipment for management and treatment of
waste generated within the port limit as prescribed;
g) Operating a port without obtaining a certificate
of eligibility from a competent authority as prescribed.
4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Falsifying contents of the certificate of eligibility
to operate a port;
b) Deliberately using falsified or fraudulent
documents to apply for the certificate of eligibility to operate a port.
5. Additional penalties:
a) Suspend the certificate of eligibility to
operate a port for a fixed period of 01 - 03 months if the violation prescribed
in Clause 2 of this Article is committed;
b) Confiscate the certificate of eligibility to
operate a port if the violation prescribed in Point a Clause 4 of this Article
is committed.
Article 21. Violations against
regulations on listing of freights and surcharges of ocean container shipping
services and seaport service charges
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a) Failure to publish the freights and surcharges
of ocean container shipping services and seaport service charges on the website
or at the head office of the service provider as prescribed;
b) Providing unclear information causing a
misunderstanding of the listed freights and surcharges of ocean container
shipping services and seaport service charges.
2. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for the recommitment of the violation prescribed in
Clause 1 of this Article.
Article 22. Violations against
regulations on declaration of seaport service prices
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for failure to provide sufficient information when
being reminded or requested to supplement the declaration of seaport service
prices in writing by the declaration-receiving authority.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Failure to inform competent authorities in
writing of increase or decrease in service prices in case where notification of
service prices is compulsory as prescribed in the law on pricing;
b) Failure to charge the declared prices for the
period of time as regulated by the law on pricing from the date on which the
price declaration is submitted to the competent authority.
Article 23. Violations against
regulations on seaport service prices
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2. Remedial measures: Enforced return of the extra
amounts due as a result of an overcharge and relevant expenses to customers if
the violation as prescribed in Clause 1 of this Article is committed. Such
amounts shall be transferred to state budget if it is difficult or unable to
identify customers.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON CONSTRUCTION, MANAGEMENT AND OPERATION OF INLAND CONTAINER
DEPOTS (ICDs)
Article 24. Violations against
regulations on construction of ICDs
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for construction of an ICD other than the case
prescribed in Clause 3 of this Article without obtaining permission or written
approval from a competent authority as prescribed.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to execute the construction works on the
licensed site;
b) Failure to finish the construction works within
the time limit specified in the construction license or written approval given
by a competent authority;
c) Failure to clear and remove obstructions upon
the completion of construction works;
d) Failure to strictly implement the safety plan
approved by a competent authority.
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4. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for one of the following violations:
a) Executing the construction works without obtaining
a license or written approval from a competent authority and causing an
accident;
b) Failure to execute the construction work at the
licensed site and causing an accident;
c) Failure to formulate a safety plan or improper
implementation of the one approved by a competent authority and thus causing an
accident;
d) The infrastructure facilities of the constructed
ICD fail to meet national technical regulations.
5. Remedial measures: Enforced demolition of the
illegally constructed work items if any of the violations prescribed in Clause
1, Points a, b Clause 2, Clause 3 and Points a, b Clause 4 of this Article is
committed.
Article 25. Violations against
regulations on announcement of opening of an ICD
1. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for deliberate provision of false information in the
application for announcement of the opening of an ICD.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for deliberate use of falsified or forged documents
to apply for announcement of the opening of an ICD.
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1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for deliberate naming or renaming of an ICD which
is other than the one announced by a competent authority.
2. Remedial measures: Enforced use of the name of
the ICD which has been announced by a competent authority if the violation
prescribed in Clause 1 of this Article is committed.
Article 27. Violations against
regulations on subleasing of ICD infrastructure facilities
1. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for subleasing of ICD infrastructure facilities
without obtaining a written approval from the lessor.
2. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed upon the sublessee for subleasing of the leased
ICD infrastructure facilities.
3. Remedial measures: Enforced transfer of illegal
benefits, which have been obtained from the administrative violation prescribed
in Clause 1 or Clause 2 of this Article, to state budget.
Article 28. Violations against
regulations on assurance of safety, security, order and environmental pollution
prevention during the operation of an ICD
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Employing a worker who does not have a license
or practicing certificate as prescribed;
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2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to promulgate the ICD’s internal
regulations.
3. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for one of the following violations:
a) Failure to provide facilities and equipment for
waste collection, storage and treatment, or use of the ones that fail to meet
relevant technical standards;
b) Failure to formulate an ICD operation plan that
meets national defense and security, and environmental protection requirements
as prescribed.
4. A fine ranging from VND 30,000,000 to VND
60,000,000 shall be imposed for failure to operate an ICD according to its
functions which have been announced by a competent authority.
Article 29. Violations against
regulations on loading, unloading and storing cargoes
A fine ranging from VND 1,000,000 to VND 2,000,000
shall be imposed for loading, unloading and storing cargoes inconsistently with
applicable regulations.
Article 30. Violations against
regulations on fire and explosion prevention at an ICD
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for one of the following violations:
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b) Misuse of specialized firefighting equipment.
2. A fine ranging from VND 2,000,000 to VND 5,000,000
shall be imposed for one of the following violations:
a) Preparation of firefighting equipment which
fails to meet technical requirements or is not in operational readiness or
expires;
b) Failure to arrange fire and explosion prevention
and control equipment at the prescribed places or preparation of the ones which
are not suitable for the cargoes transported or unloaded.
3. A fine ranging from VND 5,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to install enough fire and explosion
prevention and control systems as prescribed;
b) Using workers who are not provided with enough
protective equipment or training courses in fire and explosion prevention and
control as prescribed;
c) Failure to have a fire protection plan approved
by a competent authority.
4. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for failure to implement an ICD operation plan that
meets all fire and explosion prevention requirements as prescribed.
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Article 31. Violations against
regulations on procedures for ships’ arrival or transit through the port
1. The following fines shall be imposed on ships
arriving or transiting through the port for failure to provide the notice or
the confirmation of arrival of vessel at the port (transit), or failure to
provide such documents within the prescribed time limits; ships arriving at the
expected position at the port or the pilotage area for entering or transiting
through the port later than the date and time specified in the confirmation of
arrival; ships arriving at the port without providing the ship's security
notification to the port authority as regulated, or providing the ship's security
notification to the port authority after the prescribed deadline:
a) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed on a ship of below 200 GT;
b) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
c) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a ship of 3,000 GT and above.
2. The following fines shall be imposed on ships
for failure to carry out mandatory procedures for arrival or transit through
the port:
a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed on a ship of below 200 GT;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
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d) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on a ship of 3,000 GT and above.
Article 32. Violations against
regulations on procedures for ships’ arrival, departure or transit through the
port
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for providing insufficient or false information in
the notice or confirmation of ship’s arrival at or departure from the port, the
general declaration, the crew list or the passenger list.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to complete the procedures for ship’s
arrival, departure or transit through the port by the prescribed deadline.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Lack of one of the mandatory documents which are
required to be submitted when carrying out procedures for ship’s arrival,
departure or transit through the port;
b) Failure to provide or lack of any of the
mandatory documents concerning dangerous goods carried on board the ship as
regulated;
c) Failure to provide the original or certified
true copy of the bank guarantee given by a credit institution or foreign bank's
branch on payment of repatriation costs to seafarers as prescribed by law;
d) Failure to provide or provide insufficient information
concerning arms, explosive materials or stowaways as prescribed y law.
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5. The following fines shall be imposed for failure
to obtain the last port clearance certificate as prescribed by law or
deliberately leaving the port before obtaining permission from a competent
authority:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a ship of below 200 GT;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
c) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 40,000,000 to VND 80,000,000
shall be imposed on a ship of 3,000 GT and above.
6. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on a foreign-flagged ship for carrying out of
inland waterway transport and specific activities without obtaining permission
from a competent authority as prescribed by law.
7. Additional penalties: Suspend the master’s
certificate of competency for a fixed period of 01 - 06 months if any of the
violations prescribed in Clause 5 hereof is committed.
8. Remedial measures:
a) Enforced provision of additional and accurate
information if the violation prescribed in Clause 1 hereof is committed;
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Article 33. Violations against
regulations on safety, security, order and sanitation regarding the ship’s
operations
1. A warning or a fine ranging from VND 100,000 to
VND 300,000 shall be imposed for swimming or disturbing the public order at the
port limit.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for one of the following violations:
a) Sounding the alert or using electric
loudspeakers for disseminating information in cases other than emergencies or
urgent events as prescribed by law;
b) A foreign-flagged ship flying a ceremonial flag
or burial flag or sounding the trumpet on the national celebrations of its flag
state without giving an advance notice to the port authority;
c) Organizing swimming activities in the port
waters without obtaining the approval from the port authority;
d) Failure to fly the signal flags as prescribed by
law.
3. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed for one of the following violations:
a) Failure to raise or improper raising of the Flag
of Vietnam;
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4. A fine ranging from VND 4,000,000 to VND
6,000,000 shall be imposed for one of the following violations:
a) Letting equipment, the passenger’s effects or
the crew’s effects at places other than the permitted one on the wharf;
b) Repairing, running engine or testing the alert
or horn without obtaining permission from the port authority;
c) Failure to watch the VHF channel or using the
VHF channel inconsistently with applicable regulations;
d) Carrying out the rat extermination or fumigation
at places other than the prescribed one;
dd) Failure to equip rat guards as prescribed by
law or equipping rat guards at places other than the prescribed one;
e) Using the ship's boats or buoys without
obtaining permission from the port authority;
g) Failure to follow watch-keeping procedure;
h) Failure to arrange or arrangement of ship
security officers inconsistently with applicable regulations;
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k) Failure to maintain the 24/7 availability of the
ship’s security equipment as prescribed by law; failure to give notification
conformable with the ship's security status;
l) Failure to have ship security plans for
passenger ships, cargo ships of 500 GT or above and mobile offshore drilling
units flying the flag of Vietnam and engaging in international voyages;
m) Letting the ship drag or pull anchor underwater
while operating in channels, canals or the waters in front of the wharf.
5. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Shifting the ship to or from the port or the
wharf while the ship‘s master is absent from the bridge;
b) Groping, diving or carrying out other underwater
activities within the port waters without obtaining permission from the port authority,
or carrying out such activities without giving warning signals as prescribed by
law;
c) Organizing sports competitions or other
activities with the gathering of many vehicles at the port waters without
obtaining permission from the port authority;
d) Using or operating sport boats or tourist boats
within the port waters without obtaining permission from the port authority;
dd) Failure to use aids to navigation as regulated
or use of unsuitable ones;
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g) Failure to install or maintain the good
technical status of the tracking device equipped on the high-speed craft, or
failure to operate the tracking device equipped on the high-speed craft as prescribed
by law.
6. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for one of the following violations:
a) Failure to give notification to the port
authority of any maritime accidents or incidents caused by the ship, or
committing other acts of violations against regulations on maritime accident
reporting and investigation;
b) Failure to fully equip navigational equipment on
board the ship as regulated or use of navigational equipment which is damaged
or not working;
c) Failure to maintain contact with the port
authority via a designated VHF channel or by other means of communications;
d) Failure to maintain the operation of the
Automatic Identification System (AIS) as prescribed by law;
dd) Failure to maintain the operation of the Long-Range
Identification and Tracking (LRIT) system as prescribed by law;
e) Failure to maintain the operation of the
Emergency Position Indicating Radio Beacon (EPIRB) and the Search and
Rescue Transponder (SART) as prescribed by law; use of the EPIRB which is
not working or giving information different from the registered one;
g) Lack or failure to equip life-saving appliances,
or arrangement or installation of life-saving appliances on board the ship
inconsistently with applicable regulation, or failure to hold such life-saving
appliances in operational readiness as prescribed;
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i) Operating the ship over the permitted speed
limit in restricted speed zones;
k) Operating the ship for sea trial without
obtaining permission of the port authority;
l) Failure to provide accurate information as
specified in the ship’s certificate of registry.
7. A fine ranging from VND 15,000,000 to VND
25,000,000 shall be imposed for one of the following violations:
a) Causing a less serious maritime accident when
shifting the ship to or from the port, wharf, floating terminal, or dedicated
waters but the master is absent from the bridge or the ship fails to comply
with regulations on sailing, dodging and overtaking on navigational channels;
b) Sailing against the traffic flow of a one-way
channel.
8. A fine ranging from VND 25,000,000 to VND
35,000,000 shall be imposed for causing a serious maritime accident when
shifting the ship to or from the port, wharf, floating terminal, or dedicated
waters but the master is absent from the bridge or the ship fails to comply
with regulations on sailing, dodging and overtaking on navigational channels.
9. A fine ranging from VND 35,000,000 to VND
45,000,000 shall be imposed for causing a very serious maritime accident when
shifting the ship to or from the port, wharf, floating terminal, or dedicated waters
but the master is absent from the bridge or the ship fails to comply with
regulations on sailing, dodging and overtaking on navigational channels.
10. The following fines shall be imposed on ships
for failure to operate within permissible waters:
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b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on a ship of 3,000 GT and above.
11. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for one of the following violations:
a) Making a getaway after causing a maritime
accident;
b) Failure to provide or to sufficiently and
accurately provide relevant materials and evidences at the request of competent
authorities during the process of investigating maritime accidents.
12. Additional penalties:
a) Suspend the master’s certificate of competency
for a fixed period of 01 - 03 months if any of the violations prescribed in
Clause 7 of this Article is committed;
b) Suspend the master’s certificate of competency
for a fixed period of 03 - 06 months if any of the violations prescribed in
Clause 8 of this Article is committed;
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13. Remedial measures:
a) Enforced moving of obstacles if the violation
prescribed in Point a Clause 4 of this Article is committed;
b) Enforced operation within the permissible areas
in conformity with the ship class if the violation prescribed in Clause 10 of
this Article is committed.
Article 34. Violations against
regulations on fire and explosion prevention for ships
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for smoking within prohibited areas or accidentally causing
fire and explosion on board the ship.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Failure to provide warning signs or precautions
as prescribed by law at explosion or fire-prone areas;
c) Failure to put fire extinguishing equipment at
prescribed places on board the ship;
d) The crew members’ failure to be familiar with
the fire extinguishing equipment on board the ship;
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e) Failure to comply with procedures for maintenance
of fire and explosion prevention and control equipment.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to have enough fire and explosion
prevention and control equipment as prescribed or use of the damaged or expired
ones;
b) Failure to prepare fire and explosion emergency
response plan;
c) Performing spark-emitting works on the deck, in
cargo holds or the engine room without obtaining permission from the port
authority;
d) Use of specialized fire extinguishing equipment
for wrong purposes;
dd) Failure to have fire extinguishing equipment or
use of the one which is unsuitable or not working or expired.
4. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for lately obeying or disobeying orders from the
port authority for assisting in firefighting operations at the wharf or within
the port waters.
Article 35. Violations against
regulations on prevention of pollution of marine environment caused by ships
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a) Failure to carry equipment for storing and
classifying garbage as prescribed by law or failure to store garbage at the
prescribed place;
b) Removing rust, old paint and coatings from the
ship without obtaining permission from the port authority.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to designate or to designate a qualified
person on duty to receive fuel.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Pumping or discharging garbage, ballast water or
dirty water from the ship into the wharf or the port waters inconsistently with
applicable regulations;
b) Carrying out the transfer of fuel between the
ship and other vehicles without obtaining permission from the port authority;
c) Failure to have oily-water separating equipment
as regulated or preparation of the damaged or malfunctioned one;
d) Failure to adhere to one of the technical safety
procedures or rules for fuel transfer;
dd) Letting other ships come alongside while
carrying out ship-to-ship transfer of fuel;
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4. A fine ranging from VND 80,000,000 to VND
90,000,000 shall be imposed for failure to discharge dredged mud, sludge or
other sediments into the prescribed places.
5. A fine ranging from VND 90,000,000 to VND
100,000,000 shall be imposed for failure to discharge dredged mud, sludge or
other sediments into the prescribed places on navigational channels or within
the waters in front of the wharf, or in anchorage, transshipment area, pilotage
area or quarantine area.
6. Additional penalties:
a) Suspend the master’s certificate of competency
for a fixed period of 03 - 06 months if the violation prescribed in Clause 4 of
this Article is committed;
b) Suspend the master’s certificate of competency
for a fixed period of 06 - 12 months if the violation prescribed in Clause 5 of
this Article is committed.
7. Remedial measures: Enforced implementation of
marine pollution control measures if the violation prescribed in Point a Clause
3, Clause 4 or Clause 5 of this Article is committed.
Article 36. Violations against
regulations on safety of life at sea
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Failure to prepare the muster list which must
show duties to be carried out by key persons of the ship in an emergency, or
preparation of a muster list not suitable for the ship’s crew, or use of a
damaged muster list;
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c) Failure to have the muster list specifying
duties of each crew member in case of emergency exhibited at conspicuous places
on board the ship or preparation of a muster list which is not suitable for the
ship’s crew;
d) The crew members’ failure to effectively use
life-saving appliances and damage control equipment;
dd) The master's failure to organize life-saving
and fire drills as prescribed by law.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to mount and provide safety nets and adequate
lighting for accommodation ladders and gangways as prescribed;
b) Use of life-saving appliances, damage control
equipment, fire and explosion protection appliances inconsistently with
applicable regulations.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed on watchkeeping personnel for having BAC exceeding
50 mg per 100 ml of blood or BrAC exceeding 0.25 mg per liter of breath, or
using other stimulants banned by law.
4. The following fines shall be imposed on the ship
whose life-saving appliances are under and above manned as regulated in the
minimum safe manning document:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a ship of below 200 GT;
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c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on a ship of 3,000 GT and above.
5. The following penalties shall be imposed for the
overloading of cargoes by a ship of below 200 GT:
a) A warning shall be imposed if the actual weight
of cargoes carried on board the ship is less than 01% greater than the ship’s
permissible cargo-carrying capacity;
b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed if the actual weight of cargoes carried on board the
ship is 01% - 05% greater than the ship’s permissible cargo-carrying capacity;
c) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the actual weight of cargoes carried on board the
ship is 05% - 10% greater than the ship’s permissible cargo-carrying capacity;
d) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 10% and above greater than the ship’s permissible cargo-carrying
capacity.
6. The following penalties shall be imposed for the
overloading of cargoes by a ship of 200 GT to less than 500 GT:
a) A warning shall be imposed if the actual weight
of cargoes carried on board the ship is less than 01% greater than the ship’s
permissible cargo-carrying capacity;
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c) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 05% - 10% greater than the ship’s permissible cargo-carrying
capacity;
d) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 10% and above greater than the ship’s permissible cargo-carrying
capacity.
7. The following penalties shall be imposed for the
overloading of cargoes by a ship of 500 GT to less than 3,000 GT:
a) A warning shall be imposed if the actual weight
of cargoes carried on board the ship is less than 01% greater than the ship’s
permissible cargo-carrying capacity;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 01% - 05% greater than the ship’s permissible cargo-carrying
capacity;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 05% - 10% greater than the ship’s permissible cargo-carrying
capacity;
d) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 10% and above greater than the ship’s permissible cargo-carrying
capacity.
8. The following penalties shall be imposed for the
overloading of cargoes by a ship of 3,000 GT and above:
a) A warning shall be imposed if the actual weight
of cargoes carried on board the ship is less than 1% greater than the ship’s
permissible cargo-carrying capacity;
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c) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 05% - 10% greater than the ship’s permissible cargo-carrying
capacity;
d) A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed if the actual weight of cargoes carried on board
the ship is 10% and above greater than the ship’s permissible cargo-carrying
capacity.
9. The following fines shall be imposed for the
overloading of passengers by a ship of below 200 GT:
a) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the number of excess passengers is up to 5
persons;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the number of excess passengers is 6 – 10
persons;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the number of excess passengers is 10 persons or
more.
10. The following fines shall be imposed for the
overloading of passengers by a ship of 200 GT to less than 500 GT:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the number of excess passengers is up to 05
persons;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the number of excess passengers is 06 – 10
persons;
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11. The following fines shall be imposed for the
overloading of passengers by a ship of 500 GT to less than 3,000 GT:
a) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the number of excess passengers is up to 10
persons;
b) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the number of excess passengers is 11 - 20
persons;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the number of excess passengers is 20 persons or
more.
12. The following fines shall be imposed for the
overloading of passengers by a ship of 3,000 GT and above:
a) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the number of excess passengers is up to 20
persons;
b) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed if the number of excess passengers is 21 - 30
persons;
c) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed if the number of excess passengers is 30 persons or
more.
13. Additional penalties: Suspend the master’s
certificate of competency for a fixed period of 01 – 03 months if one of the
violations prescribed in Points b, d Clause 7, Points b, d Clause 8, Clauses 9,
10, 11 and 12 of this Article is committed.
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Article 37. Violations against
regulations on anchoring, laying up, berthing, side-by-side mooring and towage
within the port waters
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Anchoring, laying up, berthing, side-by-side
mooring or carrying out similar activities within the port waters without the
permission from the port authority as prescribed by law;
b) Failure to provide adequate lighting, signals,
navigational aids and warning signs as prescribed during the process of cargo
handling or when the ship is anchored, berthed, moored side-by-side or shifted
to another position;
c) Failure to have fenders as prescribed;
d) Failure to inform the port authority immediately
when detecting any deviations from disposition of navigational aids, damage or
loss of any navigational aids within the port waters and areas under the port
authority's management.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to obey or to properly obey the shifting
orders given by the port authority;
b) Mooring the ship to the aids to navigation or
other structures which are not dedicated for moorage.
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a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a ship of below 200 GT;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
c) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed on a ship of 3,000 GT and above.
4. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for failure to satisfy any lay-up requirements.
5. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for operation of tugboats or auxiliary ships
inconsistently with applicable regulations.
6. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to operate tugboats and auxiliary ships
as prescribed by law.
7. Additional penalties: Suspend the master’s
certificate of competency for a fixed period of 01 – 03 months if one of the
violations prescribed in Point a Clause 2, Clauses 3, 4, 5 and 6 of this
Article is committed.
8. Remedial measures:
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b) Enforced restoration of initial state of aids to
navigation or structures which have been displaced or affected by the act of
violation prescribed in Point b Clause 2 of this Article.
Article 38. Violations against
regulations on lashing, securing and stowage of cargoes on board the ship
1. The following fines shall be imposed for
lashing, securing and stowage of cargoes on board the ship inconsistently with
applicable law regulations:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed on a ship of below 200 GT;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed on a ship of 3,000 GT and above.
2. The following fines shall be imposed for
deliberate stowage and securing of cargoes on board the ship after having
completed all procedures for the ship’s departure from the port:
a) A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed on a ship of below 200 GT;
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c) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed on a ship of 3,000 GT and above.
Article 39. Violations against
regulations on carriage of oversized and overweight cargoes
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for transport of oversized (overweight) cargoes
without having a safety control plan approved by a competent authority.
2. Additional penalties: Suspend the master’s
certificate or the master's certificate of competency for a fixed period of 01
- 03 months if the violation prescribed in Clause 1 of this Article is
committed.
3. Remedial measures: Enforced adoption of safety
control measures if the violation prescribed in Clause 1 of this Article is
committed.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON SHIP REGISTRATION AND CREW DEPLOYMENT, CERTIFICATES OF
COMPETENCY FOR SEAFARERS AND SEAMAN’S DISCHARGE BOOKS
Article 40. Violations against
regulations on ship registration
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
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b) Lack of any of mandatory certificates and
documents of the ship or presentation of the expired one.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Operation of the ship without obtaining the
ship‘s certificate of registry;
b) Failure to carry out procedures for registration
of changes to the ship ownership as prescribed by law in case the ship is sold,
purchased or in case of transfer of ownership;
c) Failure to carry out procedures for registration
of changes as prescribed by law in case there are changes in the ship’s name,
the ship owner’s address, the ship’s technical specifications or purposes, or
the ship classification agency;
d) Failure to carry out procedures for
deregistration of ship as prescribed by law.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:
a) Trading, leasing, lending, borrowing any ship’s
certificates;
b) Using any certificate of another ship, or using
the forged certificate or the certificate containing erased or altered
contents;
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4. The following fines shall be imposed for failure
to have the shipowner’s liability insurance certificate or the financial
security certificate, or use of the expired ones, if the ship carries
passengers, petroleum, petroleum products or other dangerous goods as regulated
by law:
a) A fine ranging from VND 15,000,000 to VND
30,000,000 shall be imposed on the ship carrying less than 50 passengers or the
ship which carries petroleum, petroleum products or other dangerous goods, and
has gross tonnage of below 200 GT;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed on the ship carrying 50 - 100 passengers or the
ship which carries petroleum, petroleum products or other dangerous goods, and
has gross tonnage of 200 GT to less than 500 GT;
c) A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed on the ship carrying 100 - 300 passengers or the
ship which carries petroleum, petroleum products or other dangerous goods, and
has gross tonnage of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on the ship carrying 300 passengers or more, or
the ship which carries petroleum, petroleum products or other dangerous goods,
and has gross tonnage of 3,000 GT or above.
5. Additional penalties: Confiscate the exhibits
and instrumentalities of the violation prescribed in Point b Clause 3 of this
Article.
6. Remedial measures: Enforced completion of
procedures for deregistration of ship as regulated by law if the violation
prescribed in Point d Clause 2 of this Article is committed.
Article 41. Violations against
regulations on service life of inland waterway ships arriving, departing and
operating within the port waters
1. The following fines shall be imposed on operation
of the ship reaching its end of service life:
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b) A fine ranging from VND 55,000,000 to VND
65,000,000 shall be imposed on the ship capable of carrying more than 12
persons other than overnight cruise ships, floating hotels, floating
restaurants and hovercrafts;
c) A fine ranging from VND 65,000,000 to VND
75,000,000 shall be imposed on floating restaurants, floating hotels and
overnight cruise ships.
2. Additional penalties: Suspend the master’s
certificate or the master's certificate of competency for a fixed period of 02
- 03 months if one of the violations prescribed in Clause 1 of this Article is
committed.
Article 42. Violations against
regulations on seafarer assignment, issuance and use of certificates of
competency for seafarers and seaman’s discharge books
1. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for failure to record or to sufficiently record
information in the seaman’s discharge book; failure to provide or to
sufficiently provide information on the seafarer management database of the
Vietnam Maritime Administration as prescribed.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Assignment of a seafarer who does not have a
practicing certificate or discharge book as required by law, or who uses the
expired ones to work on board the ship; designation of a seafarer to the
position which is not conformable with his practicing certificate;
b) Assigning duties to a seafarer not conformable
with his position specified in the discharge book.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for selling, buying, leasing, renting or borrowing
the seafarer’s practicing certificate or discharge book.
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a) Use of forged, erased or altered practicing
certificate or discharge book;
b) Use of practicing certificate or discharge book
of another person to work on board the ship;
c) Deliberate provision of false information or
submission of altered, forged documents when applying for issuance or
re-issuance of the seafarer's practicing certificate or discharge book.
5. Additional penalties:
a) Suspend the seafarer’s practicing certificate
for a fixed period of 06 - 12 months if the violation prescribed in Clause 3 of
this Article is committed;
b) Confiscate the seafarer's practicing certificate
or discharge book if the violation prescribed in Point a Clause 4 of this
Article is committed.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON MARITIME PILOTAGE
Article 43. Violations against
regulations on use of pilots on board ships
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failure to fly the signal flag or exhibit light signals as
prescribed by law when the ship requires a pilot or has a pilot on board.
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a) Failure to provide or provision of inaccurate
information concerning the characteristics and maneuvering of the ship to
maritime pilots;
b) Failure to carry the pilot ladder, or provision
of the pilot ladder which fails to meet safety requirements or is located at an
unsuitable position, or failure to adopt other measures for ensure the safe
embarkation and disembarkation of pilots;
c) Suspension of pilotage service or request for
pilot transfer without giving legitimate reasons;
d) Failure to embark or disembark pilots at the
prescribed pilot stations.
3. The following fines shall be imposed for failure
to take a pilot on board as regulated when the ship enters, leaves and
maneuvers within or from the port waters in a compulsory pilotage area:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship of below 1,000 GT;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on a ship of 1,000 GT to less than 3,000 GT;
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on a ship of 3,000 GT or above.
Article 44. Violations against
regulations on designation and arrangement of pilots
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a) Failure to daily give the pilotage plan by the
prescribed times or to give notification of any unexpected changes to the
pilotage plan to the port authority;
b) Failure to give a notification in advance to the
port authority of any arrangements of pilots not conformable with the pilot
arrangement plan of the port authority.
2. A fine ranging from VND 6,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Arrangement of a pilot to work on board the ship
inconsistent with his certificate of maritime pilotage competency or
certificate of maritime pilotage area;
b) Failure to properly and timely render pilotage
services in a compulsory pilotage area or on designated navigation routes
without giving legitimate reasons.
3. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for failure to provide or to appropriately provide
boarding and landing equipment and facilities for pilots as regulated, or for
provision of the ones failing to meet safety requirements.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to provide adequate pilots or required
facilities/equipment as regulated.
5. Additional penalties: Partially or wholly
suspend the operation of pilotage service provider for a fixed period of 03 –
12 months if the violation prescribed in Clause 4 of this Article is committed.
Article 45. Violations against
regulations on operations of a pilot being in pilotage charge of the ship
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a) Failure to timely inform the port authority of any
maritime accidents or incidents or changes to navigational channels or aids to
navigation found in course of taking pilotage charge of the ship;
b) Failure to give notification or confirmation to
the port authority of time and place of embarking and disembarking the ship or
the pilotage status as regulated;
c) Failure to inform the port authority of the ship
operating over the speed limit in a restricted speed zone or sailing against
the traffic flow of a one-way channel or dodging and overtaking where dodging
and overtaking are banned;
d) Failure to embark the ship by the prescribed
time or failure to embark or disembark at prescribed places without giving
legitimate reasons;
dd) Failure to guide the designated ship to enter
or leave the port or maneuver according to the shifting plan of the port
authority without giving legitimate reasons;
e) Leaving the ship without obtaining the master’s
consent;
g) Failure to wear maritime pilot uniforms as
prescribed when taking the pilotage charge of the ship.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed upon the pilots for one of the following
violations:
a) Piloting the ship to anchor or berth at the
wharf or maneuver within the port waters without receiving the shifting order
from the port authority or at a position of the port other than the one
designated by the port authority;
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c) Failure to maneuver the ship on permitted
navigational channels or lanes as announced;
d) Causing a less serious maritime accident because
of the pilot’s mistakes;
dd) Having BAC exceeding 50 mg per 100 ml of blood,
or BrAC exceeding 0.25 mg per liter of breath, or using other stimulants banned
by law when taking the pilotage charge of the ship.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed upon the pilots for one of the following
violations:
a) Causing a serious maritime accident because of
the pilot’s mistakes;
b) Guiding the master to operate the ship exceeding
the speed limits by 01 – 02 nautical miles/hour.
4. A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed upon the pilots for one of the following violations:
a) Causing a very serious maritime accident because
of the pilot’s mistakes;
b) Guiding the master to operate the ship exceeding
the speed limits by more than 02 nautical miles/ hour, or sail against the
traffic flow of a one-way channel, or dodge and overtake where dodging and
overtaking are banned.
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a) Suspend the pilot’s certificate of maritime
pilotage competency for a fixed period of 03 - 06 months if any of the
violation prescribed in Point a Clause 3 of this Article is committed;
b) Suspend the pilot’s certificate of maritime
pilotage competency for a fixed period of 06 - 12 months if any of the
violation prescribed in Point a Clause 4 of this Article is committed.
Section 6. VIOLATIONS AGAINST
REGULATIONS ON PROVISION OF MARITIME TRANSPORT SERVICES, MULTIMODAL TRANSPORT
SERVICES, AUXILIARY SERVICES FOR MARITIME TRANSPORT AND MARITIME SAFETY SERVICES
Article 46. Violations against
regulations on use of the license and certificate of eligibility to provide
maritime transport services, multimodal transport services and auxiliary
services for maritime transport
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for buying, selling, leasing, borrowing, lending the
license or certificate of eligibility to provide services classified as
conditional business lines.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) The multimodal transport service provider’s
failure to comply with the license to provide multimodal transport services
issued by a competent authority;
b) The maritime transport service provider’s
failure to comply with the certificate of eligibility issued by a competent
authority.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
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b) Providing maritime transport services without
obtaining a certificate of eligibility from a competent authority as
prescribed;
c) Failure to satisfy mandatory requirements when
providing maritime transport services, shipping agency services or towage services.
4. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for failure to stop running business upon receipt
of a competent authority's decision on suspension of business operations or the
license or certificate of eligibility for business.
5. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Falsifying the license or certificate of
eligibility to provide services classified as conditional business lines;
b) Deliberately using falsified or fraudulent
documents to apply for the license or certificate of eligibility to provide
services classified as conditional business lines.
6. Additional penalties:
a) Suspend the license for a fixed period of 01 -
03 months if the violation prescribed in Point a Clause 2 of this Article is
re-committed;
b) Suspend the certificate of eligibility for a
fixed period of 01 - 03 months if the violation prescribed in Point b Clause 2
of this Article is re-committed;
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Article 47. Violations against
regulations on use of the license and certificate of eligibility to provide
maritime safety services
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for buying, selling, leasing, borrowing or lending
the license to import marine flares.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for importing marine flares inconsistently with the
import license obtained from a competent authority.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to have adequate and appropriate
equipment as prescribed for a workshop for manufacturing and maintaining aids
to navigation;
b) Failure to acquire specialized ships with
appropriate features or failure to enter into a contract for hiring of
specialized ships with appropriate features as prescribed to serve the
installation, operation, maintenance, repair and continuous monitoring of
operation of maritime signaling systems;
c) Failure to acquire specialized ships as
prescribed or failure to enter into a contract for hiring of specialized ships
as prescribed to perform survey activities for the purpose of serving the
announcement of Notice to mariners;
d) Failure to acquire a specialized survey vessel
to serve the survey, preparation and issuance nautical charts of the port
waters, navigational channels and sea lanes as prescribed;
dd) Failure to build a specialized regulatory
station as prescribed, or failure to provide appropriate personnel to operate
the specialized regulatory station, or failure to acquire canoes with
appropriate features, or failure to enter into a contract for hiring of canoes
with appropriate features to serve the regulation of maritime safety assurance;
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g) Failure to have adequate and appropriate
measurement, survey and topographic equipment as prescribed;
h) Failure to satisfy personnel requirements or
failure to establish specialized divisions as prescribed when providing
maritime safety services;
i) Importing marine flares without obtaining a
license from a competent authority as prescribed;
4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Falsifying any contents of the license to import
marine flares;
b) Deliberately using falsified or fraudulent
documents to apply for designation of ship navigation routes or the license to
import marine flares.
5. Additional penalties:
a) Suspend the license to import marine flares for a
fixed period of 01 - 03 months if the violation prescribed in Clause 2 of this
Article is committed;
b) Confiscate the license to import marine flares
if the violation prescribed in Point a Clause 4 of this Article is committed.
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Article 48. Violations against
regulations on responsibilities of ship owners, ship managers and operators
towards the ship and seafarers
1. A fine ranging from VND 30,000,000 to VND
60,000,000 shall be imposed for one of the following violations:
a) Failure to arrange rest periods for seafarers
working on board the ship as prescribed;
b) Failure to make arrangement for seafarers to
take their minimum annual leave as prescribed;
c) Failure to make statement, statistical
investigation and reporting on occupational accidents, injuries and diseases in
the maritime sector as prescribed.
2. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for one of the following violations:
a) Failure to supply proper food, water and other
basic necessities to seafarers working on board the ship as prescribed;
b) Failure to pay the cost of repatriation of
seafarers who are entitled to be repatriated as prescribed;
c) Failure to make co-payments and pay other
medical costs which are not included in the list of costs covered by health
insurance, including costs of medical treatment, surgery, hospitalization,
medicines and other necessary medical supplies, costs of foods and
accommodation of a seafarer for the period from the time when the seafarer
receives first-aids until he recovers from illness or other medical conditions
or he is determined to incur a chronic disease; failure to make full payment of
wages as specified in the signed employment contract to the seafarer while he
is undergoing medical treatment;
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dd) Failure to buy mandatory insurance for
seafarers working on board the ship as prescribed.
3. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failure to provide adequate supplies, fuels
and other materials for maintaining the safe operation of the ship.
4. Additional penalties: Suspend business
activities for a fixed period of 03 – 06 months if any of the violations
prescribed in Clause 2 and Clause 3 of this Article is committed.
5. Remedial measures:
a) Enforced arrangement of rest periods and hours
for seafarers as prescribed if the violation prescribed in Point a Clause 1 of
this Article is committed;
b) Enforced supply of proper foods, water and other
basic necessities to seafarers working on board the ship if the violation
prescribed in Point a Clause 2 of this Article is committed;
c) Enforced payment of the cost of repatriation of
seafarers who are entitled to be repatriated if the violation prescribed in
Point b Clause 2 of this Article is committed;
d) Enforced fulfillment of the shipowner’s
responsibilities towards seafarers who suffer occupational accidents, injuries
or diseases during the service period if the violation prescribed in Point c or
Point d Clause 2 of this Article is committed;
dd) Enforced purchase of mandatory insurance for
seafarers working on board the ship if the violation prescribed in Point dd
Clause 2 of this Article is committed.
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Article 49. Violations against
regulations on eligibility requirements to be satisfied by ship building and
modification facilities
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for one of the following violations:
a) Type-1 shipbuilding facility’s failure to
establish and maintain the quality management system, the safety and
environmental management system as prescribed;
b) Type-2 shipbuilding facility’s failure to
establish ship building and modification procedures in conformity with the
national technical regulation on classification and construction of seagoing
ships.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to prepare the occupational health and
safety plan as prescribed;
b) Failure to meet fire prevention requirements or
failure to prepare a firefighting plan as prescribed;
c) Failure to present environmental protection-related
documents approved by competent authorities as prescribed;
d) Failure to provide facilities as prescribed or
lack of any of mandatory equipment to serve the construction or repair of
ships, or use of the ones failing to meet national technical regulations
applicable to the ship building and repair facilities;
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e) Failure to ensure the adequacy of human resources,
systems, structures or equipment for management and treatment of waste
generated during the operation of the ship building and modification facilities
as prescribed.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for lack of one technician or quality control
inspector or shipbuilder as prescribed.
4. A fine ranging from VND 15,000,000 to VND
30,000,000 shall be imposed for lack of two technicians or quality control
inspectors or shipbuilders or more as prescribed.
Article 50. Violations against
regulations on eligibility requirements to be satisfied by a ship repair
facility
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failure to establish ship repair procedures in conformity
with the national technical regulation on classification and construction of
seagoing ships.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to prepare the occupational health and
safety plan as prescribed;
b) Failure to meet fire prevention requirements or
failure to prepare a firefighting plan as prescribed;
c) Failure to present environmental
protection-related documents approved by competent authorities as prescribed;
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dd) Failure to provide adequate facilities for
receiving and recalling discarded products from ships for treatment as
prescribed;
e) Failure to ensure the adequacy of human
resources, systems, structures or equipment for management and treatment of
waste generated during the operation of the ship repair facility as prescribed.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for lack of one technician or quality control
inspector or ship repairer as prescribed.
4. A fine ranging from VND 15,000,000 to VND
30,000,000 shall be imposed for lack of two technicians or quality control
inspectors or ship repairers or more as prescribed.
Article 51. Violations against
regulations on shipbreaking
1. A fine ranging from VND 30,000,000 to VND
60,000,000 shall be imposed for failure to complete the shipbreaking task
within the prescribed period of time.
2. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for one of the following violations:
a) Failure to prepare the plan for collection,
storage, transport and treatment of waste generated from the demolition of
every ship, or failure to enter into a contract with a licensed waste treatment
facility for collection, storage, transport and treatment of waste generated
from the demolition of every ship;
b) Failure to build a separate area for safe
storage of waste generated from the ship demolition before treatment as
prescribed by the law on environmental protection;
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d) Carrying out shipbreaking activities before
obtaining permission from a competent authority.
3. Additional penalties: Suspend operation of the
violating facility for a fixed period of 03 – 06 months if it commits the
violation prescribed in Clause 2 of this Article.
Section 8. VIOLATIONS AGAINST
REGULATIONS ON CONTAINER SAFETY
Article 52. Violations against
regulations on container safety
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Failure to fit the container with the Safety
Approval Plate (CSC Plate), or improperly fitting the CSC Plate or falsifying
any contents shown on the CSC Plate;
b) Fitting the container with a CSC Plate with an unsuitable
size or insufficient contents;
c) Failure to obtain a certificate of technical
safety and quality for container from a competent authority as prescribed, or
use of the expired one.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
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b) Using a container which is damaged or presents
safety risks.
3. Remedial measures: Suspend the operation of container
for a fixed period of 02 – 06 months if one of the violations prescribed in
Clause 1 and Clause 2 of this Article is committed.
Section 9. VIOLATIONS AGAINST
REGULATIONS ON MARITIME SEARCH AND RESCUE; MARINE SALVAGE AND AIDS TO
NAVIGATION
Article 53. Violations against
regulations on maritime search and rescue
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Sending distress signals whole the ship and
persons on-board are still in safe status without adopting measures for
correction of such mistake;
b) Failure to timely provide accurate and
sufficient information concerning the Cospas-Sarsat system to serve the
performance of search and rescue tasks as prescribed;
c) Failure to participate in exercises/drills and
implement the plan for cooperation between ships and search and rescue services
as prescribed.
2. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for one of the following violations:
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b) Delayed execution of dispatching or shifting
orders made by competent authorities during the carrying out of search and
rescue activities as regulated.
3. The following fines shall be imposed for failure
to obey dispatching or shifting orders made by competent authorities during the
carrying out of search and rescue activities as regulated:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a ship of below 200 GT;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;
c) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;
d) A fine ranging from VND 40,000,000 to VND
80,000,000 shall be imposed on a ship of 3,000 GT and above.
4. Additional penalties: Suspend the master’s
certificate of competency for a fixed period of 03 - 06 months if the violation
prescribed in Point a Clause 2 or one of the violations prescribed in Clause 3
of this Article is committed.
Article 54. Violations against
regulations on salvage of property sunk in the port waters
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to provide information, notifications
and reports on property sunken in the port waters, or providing the ones
inconsistently with applicable regulations.
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3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to install or delayed installation of
warning signs conformable with the location of sunken property;
b) Failure to complete the salvage of sunken
property within the prescribed time limit;
c) Carrying out the salvage of sunken property
without obtaining a written permission from a competent authority;
d) Failure to transfer or partial transfer of
property salvaged by chance to competent authorities;
dd) Failure to pay the cost of salvage of sunken
property as prescribed;
e) Failure to strictly implement the exploring and
salvage plan, which has been approved by a competent authority, while salvaging
the sunken property.
4. A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed for failure to salvage level-1 sunken property.
5. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failure to salvage level-2 sunken property.
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a) Confiscate the exhibits and instrumentalities of
the administrative violation prescribed in Point c Clause 3 of this Article;
b) Suspend the exploration and salvage services of
sunken property for a fixed period of 01 – 03 months if any of the violation
prescribed in Point e Clause 3 of this Article is committed.
7. Remedial measures: Enforced payment of salvage
costs in full if the violation prescribed in Point dd Clause 3, Clause 4 or
Clause 5 of this Article is committed.
Article 55. Violations against
regulations on aids to navigation and navigational channels
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any acts of hiding, interfering or reducing the
range of aids to navigation.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Installing aids to navigation inconsistently
with regulations;
b) Failure to install or to punctually install aids
to navigation when there are obstructions
causing hidden danger to the safety of navigation;
c) Failure to repair or restore aids to navigation
damaged or drifted;
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dd) Causing aids to navigation out of operation or
changing their characteristics;
e) Establishing aids to navigation inconsistently
with applicable regulations;
g) Failure to provide information about the
operation of aids to navigation on the published Notice to mariners as prescribed.
3. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for one of the following violations:
a) Deliberately moving aids to navigation from
their initial positions without obtaining permission or approval from a
competent authority;
b) Repairing or substitution of aids to navigation
inconsistently with the approved design unless they are repaired or replaced to
cope with emergencies;
c) Failure to keep technical designs of aids to
navigation or navigational channels at the entity in charge of managing and
operating such aids to navigation or navigational channels.
4. Remedial measures: Enforced restoration of aids
to navigation to their initial state if the violation prescribed in Clause 1,
Point d or Point dd Clause 2 or Point a Clause 3 of this Article is committed.
Section 10. VIOLATIONS AGAINST
REGULATIONS ON TRAINING FOR SEAFARERS
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1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for refusal to accept receive and facilitate
seafarers training on board the ship as prescribed.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to comply with enrolment regulations;
b) Failure to comply with training and drilling
contents and curriculums according to the framework program approved by a
competent authority;
c) Failure to use the prescribed teaching textbooks
and practice materials;
d) Failure to provide sufficient training and
drilling equipment and facilities as prescribed or provision of the ones
failing to meet applicable technical regulations;
dd) Failure to adhere to testing and examination
regulations;
e) Failure to provide training at the location
approved by a competent authority.
3. A fine ranging from VND 15,000,000 to VND
30,000,000 shall be imposed for one of the following violations:
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b) Maintaining the ratio of learners/lecturers or
instructors exceeding the permitted ratio by up to 20%.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for one of the following violations:
a) Lack of 02 lecturers/instructors or more, or
employment of 02 lecturers/ instructors who fail to possess a Certificate of
Instructor or other documents of equivalent validity or more as prescribed;
b) Maintaining the ratio of learners/lecturers or
instructors exceeding the permitted ratio by more than 20%.
5. Additional penalties: Suspend the operation of
the violating training provider for a fixed period of 03 – 06 months if one of
the violations prescribed in Clause 2, Clause 3 and Clause 4 of this Article is
committed.
Section 11. VIOLATIONS AGAINST
REGULATIONS ON OIL SPILL RESPONSE, MANAGEMENT, RECEPTION AND TREATMENT OF
SHIP-GENERATED OILY WASTE LIQUIDS IN THE PORT WATERS
Article 57. Violations against
regulations on oil spill response
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to properly implement the oil spill
response plan, the plan for response to incidents of chemical pollution or the
plan for oil transfer operations between ships at sea as
prescribed.
2. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for failure to prepare oil spill response resources
as prescribed.
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1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to submit reports on transfer, reception
and treatment of oily waste liquids to competent authorities as prescribed.
2. A fine ranging from VND 5,000,000 to VND
8,000,000 shall be imposed for failure to declare or submission of a
declaration containing inaccurate information about the volume of oily waste
water on board the ship when it arrives at the port to the port authority.
3. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for failure to have a plan for oily waste liquid
transfer approved by the port authority when receiving and treating oily waste
liquids from ships.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to prepare and install equipment or
facilities for reception and treatment of oily waste liquids at the port or
wharf, or failure to present the list of providers of oily waste liquid
reception and treatment services provided by the port authority as prescribed.
5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for transfer of oily waste liquids from a ship to
receiving facility without obtaining an approval from the port authority.
6. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to have a valid license when providing
oily waste liquid reception and treatment services.
Chapter III
POWER TO RECORD
ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES
Section 1. POWER TO RECORD
ADMINISTRATIVE VIOLATIONS
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The persons authorized to impose administrative
violations prescribed in Articles 60, 61, 62, 63, 64, 65 and 66 herein and
officials/ public employees under the management of these persons must promptly
take actions to prevent and record administrative violations against
regulations on maritime detected when they are on duty as prescribed. The
master of the ship, or a person authorized by him, is responsible for recording
any violations committed on board the ship and reporting them to the officer
competent to impose administrative penalties when the ship arrives at the port.
Section 2. POWER TO IMPOSE
ADMINISTRATIVE PENALTIES
Article 60. Power to impose
penalties of inspectors
1. Inspectors working at the Inspectorate of
Ministry of Transport, specialized maritime inspectors or the persons who are
assigned to conduct inspections in maritime sector shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 500,000;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on actions against
administrative violations.
2. The Chief Inspector of Vietnam Maritime
Administration and heads of specialized inspection teams established by the
Vietnam Maritime Administration shall have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 50,000,000;
dd) Enforce the remedial measures mentioned in
Clause 1 Article 28 of the Law on actions against administrative violations and
the remedial measures mentioned in Chapter II herein.
3. Heads of specialized inspection teams
established by Ministry of Transport shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 70,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 70,000,000;
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4. Chief Inspector of the Ministry of Transport
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Clause 1 Article 28 of the Law on actions against administrative violations and
the remedial measures mentioned in Chapter II herein.
Article 61. Power to impose
penalties of port authorities
1. Chief Commissioners representing port
authorities shall have the power to:
a) Issue warning;
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c) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 10,000,000;
2. Directors of port authorities, heads of specialized
inspection teams established by port authorities shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 25,000,000;
dd) Enforce the remedial measures mentioned in
Points a, b, c, dd, i and k Clause 1 Article 28 of the Law on actions against
administrative violations and the remedial measures mentioned in Chapter II
herein.
Article 62. Power to impose
penalties of Director of Vietnam Maritime Administration
The Director of Vietnam Maritime Administration
shall have the power to:
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2. Impose a fine up to VND 100,000,000;
3. Suspend licenses or practicing certificates or
suspend operations for a fixed period;
4. Confiscate the exhibits and instrumentalities
for committing administrative violations;
5. Enforce the remedial measures mentioned in
Clause 1 Article 28 of the Law on actions against administrative violations and
the remedial measures mentioned in Chapter II herein.
Article 63. Power to impose
penalties of Chairpersons of Provincial-level People’s Committees
Chairpersons of Provincial-level People’s
Committees shall have the power to:
1. Issue warning;
2. Impose a fine up to VND 100,000,000;
3. Suspend licenses or practicing certificates or
suspend operations for a fixed period;
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5. Enforce the remedial measures mentioned in
Clause 1 Article 28 of the Law on actions against administrative violations and
the remedial measures mentioned in Chapter II herein.
Article 64. Power to impose
penalties of people’s police forces
1. People’s police forces shall have the power to
impose penalties for administrative violations in their managing sectors as
prescribed in Point d and Point e Clause 2 Article 12, Articles 13, 18, 28, 30,
Clause 1, Clause 2, Point a Clause 3, Clause 10 Article 33, Point a Clause 3,
Clause 4 and Clause 5 Article 35 herein.
2. Maximum fines imposed by and power to impose
penalties of people’s police forces shall follow regulations in Point dd Clause
1 Article 24 and Article 39 of the Law on actions against administrative violations.
Article 65. Power to impose
penalties of border guard forces
1. Border guard forces shall have the power to
impose penalties for administrative violations discovered out of the port
waters in their managing sectors as prescribed in Clauses 3, 4 Articles 19,
Clauses 1, 2, Point a Clause 3, Point e Clause 5 and Clause 10 Article 33,
Articles 34, 35, 36, 37, 40 and 42 herein.
2. Maximum fines imposed by and power to impose
penalties of border guard forces shall follow regulations in Point dd Clause 1 Article
24 and Article 40 of the Law on actions against administrative violations.
Article 66. Power to impose
penalties of marine police forces
1. Marine police forces shall have the power to
impose penalties for administrative violations discovered out of the port
waters in their managing sectors as prescribed in Clause 4, Point e Clause 5
and Clause 6 Article 33, Articles 34, 35, 36, 37, 40 and 42 herein.
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Chapter IV
IMPLEMENTATION
PROVISIONS
Article 67. Guidelines for
collection, transfer, management and use of illegal benefits paid by violating
entities
The Ministry of Finance shall take charge and
cooperate with the Ministry of Transport to provide guidelines for collection,
transfer, management and use of illegal benefits paid by the entities committing
administrative violations prescribed herein.
Article 68. Transition
The administrative violations that are committed
before the date of entry into force of this Decree but discovered afterwards or
still in consideration, the regulations that are advantageous to the violators
shall apply.
Article 69. Entry into force
This Decree comes into force from February 01, 2018
and supersedes the Government’s Decree No. 93/2013/ND-CP dated August 20, 2013.
Article 70. Implementation
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2. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Committees of
Central-affiliated Cities or Provinces shall be responsible for implementing
this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc