Decree No. 48/2011/ND-CP of June 21, 2011, stipulating on sanction of administrative violations in the maritime sector

• Official number: 48/2011/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Nguyen Tan Dung
• Issued Date: 21/06/2011

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No.: 48/2011/ND-CP	Hanoi, June 21, 2011

DECREE

STIPULATING ON SANCTION OF ADMINISTRATIVE VIOLATIONS IN THE MARITIME SECTOR

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Ordinance on Handling of Administrative Violations dated July 02, 2002, the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

At the proposal of the Minister of Transport,

DECREES:

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GENERAL PROVISIONS

Article 1. Scope of governing

This Decree provides for administrative violations, forms of sanctions, levels of sanctions, remedies for the administrative violations; competence, order and procedures for sanctioning administrative violations in the maritime sector.

Article 2. Application subjects

1. All individuals or organizations that commit acts of administrative violations in the maritime sector are handled under the provisions of this Decree and other relevant provisions of law on handling of administrative violations.

Foreign individuals, organizations that commit acts of administrative violations in the maritime sector in Vietnam are also handled under the provisions of this Decree; in case the international treaties which the Socialist Republic of Vietnam is members otherwise provided for shall apply under provisions of such international treaties.

2. The handling of administrative violations for minors who commit acts of administrative violations in the maritime sector is carried out as stipulated in clause 1 and clause 3, Article 7 of the Ordinance on Handling of Administrative Violations dated July 02, 2002, the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008 (hereinafter referred to as the Ordinance).

Article 3. Administrative violations in the maritime sector

1. Acts of administrative violations in the maritime sector are the violations of the provisions of maritime law made intentionally or unintentionally by individuals and organizations, but not serious enough for criminal prosecution under provisions of law must be sanctioned for administrative violations.

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a) Violation in the activities of construction and operation of ports;

b) Violation in the maritime activities of vessels at ports;

c) Violation in the activities of registration, register of vessels and crew allocation and use of professional certificates, crew member book, crew member's passport;

d) Violation in the activities of maritime pilot;

đ) Violation in the activities of trading shipping and maritime services;

e) Violation in the activities of searching and rescuing maritime at the ports;

g) Violation in the activities of salvage of sunken property at the ports;

h) Violation in the activities of ensuring maritime safety at the ports.

3. The violations specified at the points b, c, d, đ, e, g and h, clause 2 of This Article happened outside the seaport will be sanctioned under the provisions of this Decree and the other relevant provisions of law.

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Article 4. Principles for sanctioning administrative violations in the maritime sector

1. Principles for sanctioning administrative violations in the maritime sector are applied as prescribed in Article 3 of the Ordinance.

2. The sanction of administrative violations in the maritime sector made by the competent persons is provided for in Article 29 and Article 30 of this Decree.

3. Not to sanction administrative violations for the violations occurred in cases of emergency situation, legitimate defense, unexpected events and other force majeure events to ensure safety of human life, ensure the safety and security for vessels, cargos and transport works or administrative violations while suffering from mental diseases or other diseases causing loss of cognitive ability or the ability to control their behavior.

Article 5. Extenuating and aggravating circumstances

1. Extenuating circumstances in the maritime sector are applied as prescribed in Article 8 of the Ordinance.

2. The aggravating circumstances in the maritime sector are applied under the provisions of Article 9 of the Ordinance.

Article 6. Prescription for sanction and time limit which is considered not yet sanctioned for administrative violations in the maritime sector

1. The prescription for sanctioning administrative violations in the maritime sector is one year from the date of administrative violations that are made.

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2. For violations of individuals which have signs of administrative violations in the maritime sector will be handled under the provisions of this Decree; if the violating individuals who had sued, prosecuted or had decision to bring the case to trial under the criminal proceedings, but later had decision to suspend the investigation or suspend the case; within 03 days from the date of the decision to suspend the investigation, suspend the case, person who has decided must send its decision to the person who is competent to sanction; in this case, the prescription for sanctioning administrative violations is three months from the date that the person who is competent to sanction receives the decision to suspend and dossiers of the violation case.

3. Not to apply the prescription specified in clause 1 and clause 2 of this Article if within the period specified in the clauses which individuals and organizations make the new violations in the same sector that previously has violated or deliberately evade or obstruct the sanction, the prescription to sanction administrative violations is calculated from the time of the new administrative violations or from the date of termination of the acts of evading or obstructing the sanction.

4. Individuals and organizations who were sanctioned for administrative violations in the maritime sector are considered as not yet been sanctioned for administrative violations in the maritime sector, if passing a year from the date of completely serving the sanctioning decisions or from the date of expiry of prescription for execution of sanctioning decisions without recidivism.

Article 7. The forms of administrative sanctions and remedies in the maritime sector

1. Individuals and organizations committing administrative violations in the maritime sector must bear one of the following forms of principle sanctions for each violation:

a) Warning;

b) Fine.

2. When imposing a fine, the specific fine level for an administrative violation is the average level of the fine bracket prescribed for such violation. Where there are extenuating circumstances, the fine level may be reduced but not reduced to the minimum level of the fine bracket. Where there are aggravating circumstances, the fine level may be increased but not exceeded the maximum level of the fine bracket.

3. Individuals or organizations that commit acts of administrative violations, depending on the nature and seriousness of violations are also subject to form of additional sanction as follows:

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b) Confiscating material evidences and means used for administrative violations.

4. Apart from the forms of sanctions prescribed in clause 1 and clause 3 of this Article, individuals, and organizations committing administrative violations in the maritime sector may also be applied to one or more remedies as follows:

a) Forced to restore the initial state altered due to administrative violations or forced to dismantle illegally constructed works;

b) Forced to implement measures to overcome the environmental pollution, spread of disease due to administrative violations;

c) Forced to bring out of the territory of Vietnam or re-export goods, articles, or means;

d) Forced to destroy harmful articles to human health, harmful animals, and plants, harmful cultural products;

e) Other remedies provided in Chapter II of this Decree.

Chapter 2.

FORMS AND LEVELS OF SANCTION OF ADMINISTRATIVE VIOLATIONS IN THE MARITIME SECTOR

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Article 8. Violation of regulations on assurance of safety, security, and order in the activities of operating seaports

1. A fine of between 200,000 VND and 1,000,000 VND shall be imposed for each act of entering or leaving the port premises or boarding vessels without permission or failing to follow instructions of the competent agency or competent person.

2. A fine of between 1,000,000 VND and 5,000,000 VND shall be imposed for one of the following violations:

a) Using the employees who do not have degrees, professional certificates and licenses as prescribed;

b) Committing violation of regulations on the day signs and signal lights, night lights for limited wharf for the vessels to approach safely;

c) Leaving items on the wharf or occupying space above of the wharf hinderring the vessel’s approaching, leaving the wharf safely or interfering other activities at the ports;

d) Failing to report promptly to the maritime port office of incidents and accidents related to safety, security, and environmental pollution at the port;

đ) Failing to arrange staffs who conduct the duty to tie and remove the wire for vessels according to regulations;

e) Failing to announce the plans to appoint ships, vessels to enter and leave the port to the maritime port office as prescribed.

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a) Letting the ships, vessels enter port or anchor in the port water zone area without permission of the maritime port office;

b) Arbitrarily loading and unloading cargos when the ships, vessels have not been completed the procedures to enter the port as prescribed;

c) Having inadequate anti-collision buffer system, clamping device for mooring ships of the wharf or having no safe assurance for anchoring of the ships, vessels;

d) Having no certificate of port security, or failing to implement the port security plan as prescribed.

đ) Having no port security officials as prescribed;

e) Arranging wharf for the ships, vessels to enter, leave not ensuring time or a safe distance as prescribed.

4. A fine of between VND 30,000,000 and 60,000,000 shall be imposed for each of the following violations:

a) Operating ports inconsistent with the functions of the ports which have been published;

b) Letting the ships, vessels approach docks when they are not permitted to put into use as prescribed.

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a) Temporarily not allowed to receive ships, vessels operating on international routes into the ports for the violations specified at the points d, đ and e, Clause 3 of this Article;

b) Not to be permitted to let ships, vessels continue to dock at the ports for the violations specified at clause 4 of this Article;

c) Forced to supplement documents, equipment, and forces in accordance with the provisions for violations specified in the clauses 1, 2 and 3 of this Article.

Article 9. Violation of regulations on registration, marks, loading and unloading, storage of goods

1. A fine of between VND 1,000,000 VND to 2,000,000 VND shall be imposed for for each of the following violations:

a) Marking symbol and code of goods not complying with provisions;

b) Loading and unloading and storage of goods not complying with provisions;

c) Loading and unloading of goods on the docks exceeding tonnage allowed.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for each violation specified in clause 1 of this Article for hazardous goods.

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Forced to supplement symbols, code and the loading and unloading, storage of goods in accordance with provisions for the violations prescribed in clause 1 and clause 2 of this Article.

Article 10. Violation of regulations on the prevention of fire and explosion at the seaports

1. A fine of between VND 1,000,000 VND to 2,000,000 VND shall be imposed for each of the following violations:

a) Having no internal rule board, signs, or necessary warning indications at the places where are combustible or explosive;

b) Using specially-used fire-fighting equipment for other purposes.

2. A fine of between VND 2,000,000 to 5,000,000 shall be imposed for each of the following violations:

a) The fire-fighting equipment inconsistent with or not in a ready state for operation as prescribed;

b) Failing to place the right place as prescribed or failing to allocate explosion, fire-fighting equipment appropriate to the types of goods being transported, unloaded.

3. A fine of between VND 5,000,000 and 20,000,000 shall be imposed for each of the following violations:

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b) Failing to report promptly to the State management agencies related to incidents and accidents of fire and explosion;

c) Using the employees who are not equipped with adequate protective equipment or are not trained on the prevention of fire and explosion as prescribed;

d) The administrative violations on other prevention of fires and explosions are applied in accordance with the law regulations on the prevention of fire and explosion.

4. Application of remedies:

Forced to supplement equipment, signs, allocation of forces and means in accordance with the provisions for violations specified in clauses 1, 2 and 3 of this Article.

Article 11. Violation of the regulations on maritime safety and pollution prevention as building newly or renovating, upgrading ports or as building, installing the works and other devices affecting maritime safety at the port water zone

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Prescue equipment not suitable as prescribed;

b) Failing to notify the maritime port office for the construction of other buildings in the port water zone;

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d) Construction ships, ships for works construction anchoring outside the permissible limits hinder the maritime traffic on the flow of ports;

đ) Dumping construction material without toxic substance into the port water zone;

e) Putting “đang, đay” or putting the means of fishing, aquaculture, natural resource exploitation in the port water zone, navigable channels without the approval of the maritime port offices or not in the right place or time which has been approved.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the following violations:

a) Constructing works without adequate licenses or consent of the competent authorities;

b) Constructing the wrong location allowed;

c) Constructing beyond the period specified in the license of construction;

d) Using facilities and equipment specially used for surveying and dredging of flow, dropping maritime sign and conducting other activities in the port water zone without the approval of the maritime port office;

đ) Failing to clear obstacle of construction after the works have been completed.

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a) Constructing works without permission of the competent agencies and letting accidents happen;

b) Constructing the wrong position allowed and letting accidents happen;

c) Constructing works which cause environmental pollution.

4. Application of the additional sanctioning forms:

Confiscating material evidences used to commit acts of administrative violation defined at point e, clause 1 and point d, clause 2 of this Article.

5. Application of remedies:

a) Forced to supplement license or written approval of the competent authority as specified for the violations prescribed at point e, clause 1, points a and d, clause 2 of this Article;

b) Forced to restore the initial state which has been changed due to the violations specified at point b, clause 2 and point b, clause 3 of this Article;

c) Forced to clean up for the administrative violations prescribed at point đ, Clause 2 of this Article;

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Article 12. Violation of regulations on environmental protection from operating ports

1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for acts of letting or dumping dirty water causing unhygienic docks, the port water zone.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Discharging garbage, another wastes into the wharf or port water zone;

b) Discharging residue down to wharf or port water zone;

c) Having no rescue plan for oil spills in accordance with provisions for petroleum ports.

3. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for act of discharging waste water or garbage mixed with oil down to the wharf or port water zone.

4. A fine between VND 50,000,000 to 100,000,000 VND shall be imposed for act of discharging waste water or garbage mixed with hazardous chemicals down to the whaft or port water zone.

5. Application of remedies:

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b) Forced to implement measures to overcome the environmental pollution in accordance with the law regulations due to the violations prescribed in clauses 2, 3 and 4 of this Article.

Section 2. VIOLATION OF REGULATIONS ON ACTIVITIES OF MARITIME OF VESSELS IN PORT

Article 13. Violation of regulations on procedures to the ports or in transit

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) The vessels to the ports or in transit without notice and confirmation as prescribed;

b) Ships, vessels to the location of disembarking navigators at the port or transitting slower than the time confirmed;

c) Vessels to the ports failing to declare ship security to the maritime the port office as prescribed.

2. For acts that the ships, vessels to bridges, docks or in transit without conducting the procedures as prescribed will be sanctioned as follows:

a) A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the ships, vessels with a total tonnage of under 500 GT;

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c) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for ships, vessels with a total tonnage of from 3,000 GT or more.

3. Application of remedies:

Forced to complete the procedures prescribed for violations of the provisions at the points a, and c, clause 1 and clause 2 of this Article.

Article 14. Violation of regulations on procedures for entering and leaving ports or transiting

1. A fine of between 200,000 VND to 500,000 VND shall be imposed for acts of declaring falsely or insufficiently one of information in the notification and confirmation of the ship’s coming, leaving port or common declaration.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for acts of making procedures for ships, vessels to enter and leave ports or transit slower than the time prescribed.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Lack of one of documents as making procedures to enter and leave ports or in transit as stipulated;

b) Failing to provide or providing inadequate documents of dangerous goods which are transported on board as prescribed.

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5. For acts of leaving the last port without license in accordance with provisions or attempting to leave the port without permission of the competent authorities will be sanctioned as follows:

a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for ships, vessels with a total tonnage of under 500 GT;

b) A fine of between VND 20,000,000 and 40,000,000 shall be imposed for ships, vessels with a total tonnage of from 500 GT to less than 3,000 GT;

c) A fine of between 40,000,000 VND to 80,000,000 VND shall be imposed for ships, vessels with a total tonnage of from 3,000 GT or more.

6. Forms of additional sanction:

Stripping the right to use certificate of professional competence of the captain for a up to six month period or indefinitely if there is any violation provided for in clause 5 of this Article.

7. Application of remedies:

Forced to supplement papers and complete procedures as prescribed for violations specified in clauses 1, 2, 3, 4 and 5 of this Article.

Article 15. Violation of regulations on safety, security, order, and hygiene requirements related to activities of ships, vessels

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a) Pulling horn or electric speaker to inform in the case of not being emergency or urgent alarms as prescribed;

b) Foreign vessels hanging the ceremony flag, mourning flag without prior notice to the maritime port office;

c) Hanging flag not in compliance with regulations.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of failing to hang or hanging the national flag Vietnam of improper provisions.

3. A fine of between 1,000,000 VND and 5,000,000 VND shall be imposed for each of the following violations:

a) Discharging chimney soot when ships, vessels are being docked in the port water zone;

b) Knocking rust and paint of ships, vessel without permission of the maritime port office;

c) Letting equipment, property of ships, vessels or of the crew members on the wharf surface of the wrong places as prescribed;

d) Repairing and testing engines or whistle without permission of the maritime port office;

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e) Failing to take on duty of VHF channel or using VHF channel improperly;

g) Conducting to smoke mice, sterilize in the wrong places;

h) Having no equipment to prevent mice or using equipment to prevent mice in contravention of regulations;

i) Using of boat, pontoon boat of ships without permission of the maritime port office;

k) Failing to implement the regime of shift as prescribed;

l) Failing to arrange or arranging ship security officers not in compliance with provisions;

m) Having no maritime equipment in the cabin in accordance with provisions;

n) Notifying or setting security alarm not in compliance with the actual security situation of the ship, vessel.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

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b) Failing to comply with the provisions as ships, vessels cruise, avoid, pass each other on maritime channels;

c) Performing the operations of diving or other underwater works at the port water zone without permission of the maritime port office or carrying out the works without warning signals as prescribed;

d) Organizing competition of sports or activities required to gather many facilities in port water zone without permission of the maritime port office;

đ) Using boats of sports and tourism to operate in the port water zone without permission of the maritime port office;

e) Failing to use or using inappropriately signs as prescribed;

g) Failing to notify the maritime port office of the maritime incident, the accident caused by its own vessel or violating other regulations on report and investigation of maritime accidents;

h) Failing to state the name, the IMO on ships, vessels or registration port under the regulations;

i) Rescuing equipment of vessels not in compliance with regulations.

5. For the acts of ships’ operating improper zone licensed to operate under the regulations will be sanctioned as follows:

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b) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for ships, vessels with a total tonnage of from 500 GT to less than 3,000 GT;

c) A fine of between VND 30,000,000 and 40,000,000 shall be imposed for ships, vessels with a total tonnage of from 3,000 GT or more.

6. A fine of between VND 30,000,000 and 60,000,000 shall be imposed for act of fleeing after caused maritime accidents.

7. Application of remedies:

a) Forced to move obstacles due to violations prescribed at point c, clause 3 of this Article;

b) Forced to restore the initial state changed due to violations prescribed at point h, clause 4 of this Article;

c) Forced to supplement documents, equipment and perform the law regulations for the acts prescribed in clauses 1, 2, 3 and 4 of this Article.

Article 16. Violation of regulations on the prevention of fire and explosion for ships, vessels

1. A fine of between 200,000 VND and 1,000,000 VND shall be imposed for the act of smoking in the non-smoking areas or unintentional acts that can cause fires or explosions on ships.

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a) Having no warning signs or necessary instructions in the places where are flammable or explosive;

b) Having no diagram of fire system, fire roster or operation instruction at locations on the ship, vessel as prescribed;

c) Placing fire-fighting equipment not in the right place as prescribed on the ship, vessel;

d) Failing to comply with the process of preservation and maintenance of equipment to prevent fire or explosion;

đ) Crew members do not use proficiently fire-fighting equipment.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Failing to fully equip fire-fighting equipment as prescribed;

b) Equipping fire-fighting equipment that cannot be used;

c) Having no rescue plan in case of emergency;

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đ) Using the fire fighting special-used vehicles for other purposes;

e) Fire-fighting equipment is inconsistent or not in a ready state for operation as prescribed.

4. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for the acts of implementing late or failing to implement the command of the maritime port office in participating in fire fighting at the docks, port water zone.

5. Application of remedies:

Force to supplement, install signs, plans, diagrams, equipment as prescribed for violations prescribed at points a, b and c, clause 2, points a, b and c , clause 3 of this Article.

Article 17. Violation of regulations on the prevention of environmental pollution caused by ships, vessels

1. A fine of between 1,000,000 VND and 5,000,000 VND shall be imposed for each of the following violations:

a) Failing to record in the log-book on the engine room bilge water pump or oil diaries, logs of waste, dumping garbage as prescribed;

b) Throwing away, dumping garbage, or other items from ship into wharf or port water zone.

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3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for each of the following violations:

a) Pumping, discharging garbage or ballast water, water with residue from ship to wharf or port water zone;

b) Performing to pump the fuel from ships into other means without permission of the maritime port office;

c) Having insufficient water, oil separator in accordance with provisions or having equipment but cannot be used;

d) Letting the waste water leakage mixed oil from ship to wharf or port water zone;

đ) Having no plans to respond to the incident of oil spills as prescribed.

4. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for acts of violating regulations on pumping, discharging water, or waste mixed with oil from the ship down the wharf or port water zone.

5. A fine of between 60,000,000 VND and 100,000,000 VND shall be imposed for acts of violating regulations on pumping, discharging water, or waste mixed with hazardous substances from the ship down the port or port water zone.

6. Application of remedies:

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b) Forced to implement the measures to overcome the environmental pollution according to regulations for violations prescribed at point b, clause 1 and clauses 3, 4 and 5 of this Article.

Article 18. Violation of regulations on safety of life on ships, vessels

1. A fine of between 1,000,000 VND and 5,000,000 VND shall be imposed for each of the following violations:

a) Having no duty on roster in emergency situation at the necessary positions or specification sheet has been damaged;

b) Having no instructions for operating the equipment of fire-fighting, life rescue, vessel perforation helping, or the instructions have been damaged;

c) Having no sheet of personal responsibility as alarming at the prescribed place on the ship or sheet of personal responsibility not consistent with the crew of the ship;

d) Crew members do not use proficiently the equipment of fire-fighting, life rescue, vessel perforation helping.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) The board ladder has no insurance net or lights as prescribed;

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3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of failing to allocate sufficient minimum safety margin or exceeding the permitted level of life rescue equipment on ship as prescribed.

4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the act of transporting cargo beyond less than 5% compared with the allowed weight.

5. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for the act of transporting cargo beyond from 5% to 10% compared with the allowed weight.

6. A fine of between VND 40,000,000 and VND 80,000,000 shall be imposed for the act of transporting cargo beyond from 10% or more compared with the allowed weight.

7. For the act of transporting passengers beyond prescribed number of ships, vessels with a total capacity of less than 500 GT will be sanctioned as follows:

a) A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of transporting passengers beyond the five persons compared with the allowed number;

b) A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the act of transporting passengers beyond from 6 to 10 persons compared with the allowed number;

c) A fine of between VND 15,000,000 and 20,000,000 shall be imposed for the act of transporting passengers beyond more than 10 persons compared with the allowed number.

8. For the act of transporting passengers in excess of the prescribed number of ships, vessels with total capacity of from 500 GT to 3000 GT will be sanctioned as follows:

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b) A fine of between VND 15,000,000 and 20,000,000 shall be imposed for the act of transporting passengers beyond from 11 to 20 persons compared to the allowed number;

c) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the act of transporting passengers beyond more than 20 persons compared to the allowed number.

9. For the act of transporting passengers in excess of the prescribed number of ships, vessels with total capacity of more than 3000 GT will be sanctioned as follows:

a) A fine of between VND 20,000,000 and 40,000,000 shall be imposed for the act of transporting passengers beyond up to 20 persons compared to the allowed number;

b) A fine of between VND 40,000,000 and 60,000,000 shall be imposed for the act of transporting passengers beyond from 21 to 30 persons compared to the allowed number;

c) A fine of between 60,000,000 and VND 80,000,000 shall be imposed for the act of transporting passengers beyond more than 30 persons compared to the allowed number.

10. Forms of additional sanction:

Stripping the right to use certificate of professional competence of the captain for a period of up to three months for violations specified in clauses 5 and 6; points b and c, clause 7; point b and c, clause 8 and point b and c, clause 9 of this Article.

11. Application of remedies:

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b) Forced to move from ship, boat the number of people or lift off from ship, boat the amount of goods transported over the provisions for the violations specified in clauses 4, 5, 6, 7, 8 and clause 9 of this Article.

Article 19. Violation of regulations on the anchorage, berth, approaching board, towing of ships, vessels in port water zone

1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for each of the following violations:

a) Anchoring, berthing, approaching board, or moving the position or conducting the other similar operations in port water zone without permission of the maritime port office;

b) Failing to allocate enough lights, signals, signals in accordance with provisions as the ships are handling, mooring, berthing, approaching board, moving position;

c) Having no anti-collision cushion according to regulations;

d) Failing to promptly notify the maritime port office of the discrepancy, damage of the maritime signals which were detected when operating in port water zone and management area of ​​ the maritime port office.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Failing to observe or performing the wrong orders of the maritime port office;

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3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of failing to use towing assistance vessels in port water zone in accordance with provisions.
4. For acts of ships, vessels’ anchorage, handling, disembarking of passengers or making other maritime services at the location without permission of the competent authorities will be sanctioned as follows:

a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for ships, vessels with a total capacity of under 500 GT;

b) A fine of between VND 20,000,000 and 40,000,000 shall be imposed for ships, vessels with a total capacity of from 500 GT to less than 3,000 GT;

c) A fine of between VND 40,000,000 and 60,000,000 shall be imposed for ships, vessels with a total capacity of from 3,000 GT or more.

5. Forms of additional sanction:

Stripping the right to use certificate of professional competence of the captain for a period of up to three months for the violations prescribed at point a, clause 2, clause 3 and clause 4 of this Article.

6. Application of remedies:

a) Forced to supplement equipment, papers and deploy forces and means in accordance with the provisions for the violations prescribed in clause 1 and clause 3 of this Article;

b) Forced to move the ships, vessels out of their positions for the violations prescribed at point b, clause 2 and clause 4 of this Article.

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Article 20. Violation of regulations on registration, register of ships, vessels

1. A fine of between 1,000,000 VND to 5,000,000 VND shall be imposed for each of the following violations:

a) Registering ships, vessels not in compliance with provisions;

b) Lack of one of the documents of ships, vessels, or invalidity of one of its documents.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Operating ships, vessels without the grant of certificate of ship registration;

b) Failing to implement the change registration of ship owner in accordance with provisions when it was bought, sold, transferred ownership.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for each of the following violations:

a) Buying, selling, renting, leasing, borrowing, lending one of the certificates of vessels;

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c) Deliberately declaring false information or using false, repaired papers in the dossier requesting for granting certificates of vessels.

4. A fine of between VND 50,000,000 and 80,000,000 VND shall be imposed for act of having no certificate of insurance for civil liability of ship-owners for ships transporting passengers, carrying oil, petroleum products or other goods dangerous as prescribed.

5. Forms of additional sanction:

Stripping the right to use indefinitely the certificates prescribed in point b, clause 3 of this Article.

6. Application of remedies:

Forced to supplement papers as prescribed for the violations specified in clauses 1, 2, 3 and 4 of this Article.

Article 21. Violation of regulations on arranging crew members, grant, and use of professional certificates, crew member book, crew member's passport

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Arranging crew members to work on ships, vessels without adequate professional certificates or arranging crew positions inconsistent with their professional certificates;

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2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for each act of buying, selling, renting, leasing, borrowing, lending professional certificates, crew member book, crew member's passport.

3. A fine of between VND 20,000,000 and 50,000,000 shall be imposed for each of the following violations:

a) Using professional certificates, crew member book, crew member's passport that are fake or had been modified misleading their contents;

b) Intentionally providing false information or using documents that were modified, forged in applications for professional certificates, crew member book, and crew member's passport.

4. Forms of additional sanction:

a) Stripping the right to use indefinitely for professional certificates, crew member book, crew member's passport violated specified at point a, clause 3 of this Article;

b) Stripping the right to use professional certificate for an up to one year term for the violations prescribed in clause 2 of this Article.

5. Application of remedies:

Forced to supplement the crew members according the provisions for the violations prescribed in clause 1, clause 2 and point a, clause 3 of this Article.

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Article 22. Violation of regulations on the use of maritime pilot of ships, vessels

1. A fine of between VND 500,000 VND to 1,000,000 VND shall be imposed for the acts of ships, vessels’ failure to hang flags of letter G when requesting the maritime pilots, or failure to hang flags of letter H when maritime pilot is on board.

2. A fine of between VND 2,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Failing to notify or notifying incorrectly maritime pilots on the characteristics and appointing features of the ships;

b) Having no pilot ladder or pilot ladder to be located in the places not suitable or failing to take measures to ensure other safety for pilots to get in, leave the ship.

3. For acts of controlling ships to enter, leave ports without the use of maritime pilots in accordance with provisions shall be sanctioned as follows:

a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for ships, vessels with total capacity of under 1,000 GT;

b) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for ships, vessels with total capacity of from 1,000 GT to less than 3,000 GT;

c) A fine of between VND 30,000,000 and 40,000,000 shall be imposed for ships, vessels with total capacity of from 3,000 GT or more.

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Forced to supplement maritime pilots, signs, equipment, information as prescribed for the violations specified in clauses 1, 2 and 3 of this Article.

Article 23. Violation of regulations on appointing and allocating maritime pilots of the pilot organizations

1. A fine of between VND 2,000,000 to 5,000,000 shall be imposed for each of the following violations:

a) Sending the pilot plans to guide ships daily slower than the specified time or failing to inform the sudden change of plans to pilot the ships to the maritime port office;
b) Arranging the pilot not in accordance with the plan without prior notice to the maritime port office.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Arranging maritime pilots to guide ships not in compliance with the certificate of professional competence of maritime pilot or certificate of the operation zone of maritime pilots;

b) Failing to provide fully and timely pilot services to guide the ships in the compulsory maritime pilot areas or on the piloting-ship route assigned without legitimate reason.

3. Application of remedies:

Forced to supplement the arranging-pilot plans and arrange proper maritime pilot having appropriate certificate and provide fully and timely pilot services of guiding ships in accordance with provisions for the violations prescribed in this Article.

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1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for each following violation of pilots:

a) Detecting accidents, incidents, or changes of flow and of navigation signals in guiding time without notifying timely to the maritime port office;

b) Failing to notify and confirm to the maritime port office on the time, location on board, to leave the ship or situation of guiding ships as prescribed;

c) Getting in ships slower than the prescribed time or not in compliance with the specified places without legitimate reason;

d) Guiding ship to enter, leave ports or moving not in compliance with the appointing plan of the maritime port office or not in compliance with the assigned ship to guide without legitimate reason;

đ) Voluntarily leaving the ship without the consent of the captain;

e) Failing to use pilot clothing in accordance with provision as guiding ships.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

a) Maritime pilots’ guidance of ships to enter for anchorage, berthing or moving within the port water zone without the mobilization order or the wrong location designated by the maritime port office;

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c) Pilots guide ships with errors leading to less serious maritime accidents.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for act of Pilots’ guidance of ships with errors leading to serious maritime accidents.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for act of Pilots’ guidance of ships with errors leading to particularly serious maritime accidents.

5. Forms of additional sanction:

a) Stripping the right to use the certificate of professional competence of maritime pilots and licenses of the operation zone of maritime pilots for a period of up to 06 (six) months for the violations prescribed in clause 3 This Article;

b) Stripping the right to use the certificate of professional competence of maritime pilots and licenses of the operation zone of maritime pilots for a period of up to 12 (twelve) months for the violations prescribed in clause 4 This Article.

Item 5. VIOLATION OF REGULATIONS ON OPERTIONS OF TRADING MARITIME TRANSPORT AND MARITIME SERVICES

Article 25. Violation of regulations on use of licenses and business conditions of maritime transport, multi-modal transport, and maritime services

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:

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b) Trading maritime transport services of insufficient conditions as prescribed.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for each of the following violations:

a) Modifying, erasing or forging licenses;

b) Buying, selling, renting, leasing, borrowing, lending licenses.

3. Forms of additional sanction:

Confiscating the using license to perform administrative violations prescribed at point a, clause 2 of this Article;

4. Application of remedies:

Forced to supplement licenses and business conditions according to provisions for violations prescribed in clause 1 of this Article.

Item 6. VIOLATION OF REGULATIONS ON SEARCH AND RESCUE OF MARITIME

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1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for act of setting false emergency signals.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for each of the following violations:

a) Failing to implement obligations under the provisions of search and rescue of maritime;

b) Delaying the appointing orders of the competent authorities without a legitimate reason.

3. For the acts of failing to implement the appointing orders of the competent authorities without a legitimate reason will be sanctioned as follows:

a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for ships, vessels with a total capacity of under 500 GT;

b) A fine of between VND 20,000,000 and 40,000,000 shall be imposed for ships, vessels with a total capacity of from 500 GT to less than 3,000 GT;

c) A fine of between VND 40,000,000 VND to 80,000,000 VND shall be imposed for ships, vessels with a total capacity of from 3,000 GT or more.

Item 7. VIOLATIONS OF REGULATIONS ON SALVAGE OPERATIONS OF SUNKEN PROPERTY IN PORTS

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1. A fine of between 200,000 VND to 1,000,000 VND shall be imposed for acts of failing to notice, report or notifying, reporting improperly under the provisions of sunken property in ports.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for each of the following violations:

a) Failing to install or installing not timely signals consistent with the position of property which is sunk;

b) Performing the salvage or finishing the salvage of sunken property is incorrect the specified time;

c) Salvaging sunken property without permission of competent agencies;

d) Failing to hand over or handing over incomplete sunken assets salvaged randomly as prescribed;

đ) Failing to pay costs related to the salvage of sunken property as prescribed.

3. A fine of between VND 20,000,000 and 50,000,000 shall be imposed for act of failing to salvage the sunken property that does not cause danger.

4. A fine of between 50,000,000 to 100,000,000 shall be imposed for act of failing to salvage the sunken property that causes danger.

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Confiscating material evidences and means used to commit acts of administrative violation specified at point c, clause 2 of this Article.

6. Application of remedies:

a) Forced to install signal of the location of sunken property specified at point a, clause 2 of this Article;

b) Forced to salvage and hand over, handle sunken property as prescribed for violations specified in clauses 1, 2, 3 and 4 of this Article;

c) Forced to compensate costs for salvage of sunken property as prescribed for violations prescribed at point đ, clause 2, clause 3 and clause 4 of this Article.

Item 8. VIOLATIONS OF REGULATIONS ON ASSURANCE OF MARITIME SAFETY IN PORTS

Article 28. Violation of regulations on assurance of maritime safety in ports

1. A fine of between 500,000 VND to 2,000,000 VND shall be imposed for each of the following violations:

a) Failing to publicize promptly maritime notification or notifying maritime improperly the reality;

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2. A fine of between VND 5,000,000 and 20,000,000 shall be imposed for each of the following violations:

a) Setting navigation signals of wrong provisions;

b) Failing to set navigation signals or setting not timely when having dangerous obstacles;

c) Failing to promptly repair and restore the navigation signals damaged or drifted;

d) Moving or damaging navigation signals;

đ) Invalidating or changing features of navigation signals.

3. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for the act of dumping mud, waste from dredge not in compliance with provisions.

4. Application of remedies:

a) Forced to publicize promptly and accurately the contents of maritime announcement according to provisions for the violations prescribed at point a, clause 1 of this Article;

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c) Forced to restore the initial state which has been changed due to the violations specified in clauses 1, 2 and 3 of this Article.

Chapter 3.

PROPAGATION AND PROCEDURES TO SANCTION ADMINISTRATIVE VIOLATIONS

Item 1. COMPETENCE TO SANCTION

Article 29. The sanctioning competence of the inspectors of the Inspectorate of the Transport Ministry, the director of maritime port office, chief inspector of the Ministry of Transport.

1. Inspector of the Inspectorate of the Transport Ministry who are on duty are entitled:

a) Warning;

b) Imposing a fine of up to VND 500,000;

c) Confiscating material evidences and means used to commit acts of administrative violation valued at VND 2,000,000;

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đ) Forced to implement the measures to overcome the environmental pollution, spread of disease due to administrative violations;

e) Forced to destroy harmful articles to human health, animals and plants, harmful cultural products.

2. Directors of maritime port offices are entitled:

a) Warning;

b) Imposing a fine of up to VND 10,000,000;

c) Confiscating material evidences and means used to commit acts of administrative violation;

d) Stripping the right to use certificate of professional competence, verification of qualifications, licenses issued by the state management agencies of transport for a term of six months or indefinitely. In case the above documents are not issued by the state management agencies of transport, a decision to suspend the violation and proposal to the competent agencies to strip the right to use with a six-month term or indefinitely shall be made;

đ) Forced to restore the initial state altered due to administrative violations or forced to dismantle the illegally constructed works;

e) Forced to implement the measures to overcome the environmental pollution, spread of disease due to administrative violations;

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3. Chief Inspector of the Ministry of Transport is entitled:

a) Warning;

b) Imposing a fine of up to VND 100,000,000;

c) Stripping the right to use with a six-month term or indefinitely the certificate of professional competence, verification of qualifications, licenses issued by the state management agencies of transport. In case the above documents are not issued by the state management agencies of transport, a decision to suspend the violation and proposal to the competent agencies to strip the right to use with a six-month term or indefinitely shall be made;

d) Confiscating material evidences and means used to commit acts of administrative violation;

đ) Forced to restore the initial state altered due to administrative violations or forced to dismantle the illegally constructed works;

e) Forced to implement the measures to overcome the environmental pollution, spread of disease due to administrative violations;

g) Forced to destroy harmful articles to human health, animals and plants, harmful cultural products.

Article 30. The competence to sanction administrative violations of the Chairmen of People's Committees at all levels

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2. Where applying form of additional sanction as stripping the right to use licenses, professional certificates, chairmen of People's Committees at district and provincial level may request the licensing agency, professional certificates granting agency to make the decision of withdrawal.

Article 31. Principles for determining competence to sanction administrative violation

1. Heads of state management agencies are the persons who are competent to sanction administrative violations in the maritime sector of their fields, their management branches.

2. Where there are several agencies of the same competence to sanction administrative violations in the maritime sector, the first agency that handles the case shall be competent to perform.

3. The other principles for determining competence to sanction administrative violations in the maritime sector are carried out in accordance with provisions in Article 42 of the Ordinance.

Item 2. PROCEDURES TO SANCTION AND EXECUTE DECISIONS OF SANCTION

Article 32. Procedures for applying sanctions for administrative violations

1. When detecting acts of administrative violations in the maritime sector, persons who are competent to be on duty must order the immediate cessation of violations.

2. Where sanctioning administrative violations in the form of warning or fine of up to VND 500,000, persons who are competent to sanction must make decisions to sanction in place by simple procedures prescribed in Article 54 of the Ordinance.

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4. The time limit for making decision to sanction is defined as follows:

a) For the simple cases, violations which are clear, not needed for further verification, within a period of not exceeding ten days from the date of making the records of administrative violations, the persons who are competent to sanction must issue the decision to sanction.

b) For the cases of administrative violations with more complicated circumstances, exhibits and facilities required to be appraised, identified clearly the administrative violators or other complicated circumstances, the time limit for making decisions to sanction is thirty days from the date of its making records.

c) Where deemed necessary to have more time to verify, gather evidence before making a decision to impose sanctions, at least ten days before the deadline specified at point b, clause 4 of this Article, the persons who are competent to sanction must report to their direct superiors in writing for extension; the extension is done only once, in writing; the extension period does not exceed thirty days.

d) If it is beyond the time limit prescribed at points a, b and c, clause 4 of this Article, the persons who are competent to sanction are not entitled to make a decision to sanction. In case of not making a decision to sanction, the competent person still make a decision to apply the remedies as prescribed in this Decree.

5. When sanctioning a person who commits many acts of administrative violations, the competent person makes only a decision to sanction in which stated on form, the sanction level for each violation; if applicable the form of fines, general sanction level are added cumulatively from the levels of sanction for each violation.

6. The decision to sanction takes effect from its signing date, unless the decision is specified the effective date. The effective decision must be sent to organizations and individuals subject to sanctions and the competent agency shall collect the fine within three days from the date of making the decision to sanction.

7. Individuals and organizations who are sanctioned fines must pay the fines at the place where decisions to sanction are prescribed and are received the fine receipts.

Ministry of Finance shall preside over and coordinate with the Ministry of Transport to guide in detail on the procedures for collection and payment of fines, management, and use of money collected from the sanction of administrative violations in the maritime sector.

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a) Cargo ships, vessels: 1.5 tons of registered tonnage equal to 01 GT;

b) Tug boat and pushing boat: 01HP calculated by 0.5 GT;

c) Barges: 01 tons of registered tonnage equal to 01 GT.

Article 33. The procedures for stripping the right to use license

The procedures for stripping the right to use degrees, professional certificates, and licenses shall comply with the provisions of Article 59 of the Ordinance.

Article 34. The procedures for confiscating and handling material evidences and means used to commit acts of administrative violations

1. When applying the form of confiscation of material evidences and means used to commit acts of administrative violations, the person with sanctioning competence must make record and comply with the provisions of Article 60 of the Ordinance.

2. The handling of material evidences and means used to commit acts of administrative violations shall comply with the provisions of Article 61 of the Ordinance.

Article 35. Execution of decisions to sanction administrative violations

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2. The application of coercive measures to implement decisions to sanction administrative violations shall comply with provisions in Article 66 of the Ordinance.

Article 36. Decision-making competence to enforce decisions of handling administrative sanctions

Decision-making competence to enforce the decisions of handling administrative sanctions is made ​​under Article 67 of the Ordinance.

Article 37. Minutes and Decisions to sanction

Issuing together with this Decree is 07 Annexes of forms of minutes and decisions for use in the process of sanctioning administrative violations in the maritime sector.

Chapter 4.

COMPLAINTS, DENUNCIATIONS, REWARDS, AND HANDLING OF VIOLATIONS

Article 38. Complaints, denunciations, and administrative lawsuits entering

1. Individuals and organizations that are sanctioned for administrative violations in the maritime sector or their lawful representatives may lodge complaints for the decisions of sanctioning administrative violations, decisions on the application of preventative measures and assurance of the sanction of administrative violations. While waiting for the results of complaint settlement of the competent authorities, organizations and individuals that are sanctioned still have to execute the sanctioning decisions, except for the case to be forced to dismantle the buildings.

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3. Competence, procedures and time limit for settling complaints and denunciations shall comply with the law regulations on complaints and denunciations.

4. The lawsuits against decisions to sanction administrative violations, decisions on the application of preventive measures and assurance of the sanction of administrative violations in the maritime sector are carried out in accordance with the law regulations of procedures of handling of administrative cases.

Article 39. Rewards

Individuals and organizations that are recorded achievements in the prevention and combat of administrative violations in the maritime sector are rewarded according to the general regime of the State.

Strictly forbid to use the amount collected from handling administrative violations or from the sale of material evidences and means seized in the maritime sector for the rewards.

Article 40. Handling of violations

1. Persons who are competent to sanction administrative violations in the maritime sector, the persons who are assigned tasks to perform maritime inspection, heads of agencies assigned tasks to perform maritime inspection but harassing, tolerating, covering up, failing to handle or handling in an non-timely and inappropriate manner, handling beyond their competence prescribed, shall, depending on the nature and seriousness of their violations, be disciplined or prosecuted for criminal liability; if causing damage, they must pay compensation as prescribed by law regulations.

2. If persons sanctioned for administrative violations in the maritime sector commit acts against on-duty officials, delay or shirk the execution or have other violations, depending on the nature and seriousness of violations will be handled administratively or prosecuted for criminal liability, if causing damage, they must pay compensation in accordance with the law regulations.

Chapter 5.

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Article 41. Effect

1. This Decree takes effect from September 01, 2011.

2. This Decree replaces Decree No.62/2006/ND-CP dated June 21, 2006 of the Government on handling of administrative violations in the maritime sector.

Article 42. Organization of implementation

1. The Minister of Transport is responsible for the implementation of this Decree.

2. The Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairmen of People's Committees of provinces and cities under central authority are responsible for the implementation of this Decree.

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